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HomeMy WebLinkAbout1994-05-17; City Council; 12706; Buena Vista Channel Maintenance District, CIT- OF CARLSBAD - AGENP BILL Sk 1 AB#~wv!&% TITLE: MTG. 5/l T/94 BUENA VISTA CHANNEL MAINTENANCE DEPT.CSD DISTRICT ANNUAL ASSESSMENTS RECOMMENDED ACTION: Approve Resolution No. 4Y- 133 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area. ITEM EXPLANATION: The Buena Vista Channel Benefit Assessment District was formed in Fiscal Year 1989-1990 according to the provisions of the ‘Benefit Assessment Act of 1982.” The formation was requested by Plaza Camino Real, Hughes North County Associates and Hughes North County Associates II in order to provide an effective, consistent means of clearing the channel to allow for design flow. The channel is located south of Highway 78, between El Camino Real and Jefferson Street Bridge, and flows into the Buena Vista Lagoon. During the formation proceedings all additional property owners within the district boundary were notified of the pending district formation and no objections were received. No change in ownership of the District parcels has occurred since the formation. As there have been no changes made to the district boundary since formation and no change in assessable parcel ownerships, the process for confirming the district’s continuation for Fiscal Year 199495 is for Council to approve the attached resolution adopting the annual benefits assessments. The maintenance program is administrated by City staff and consists of the removal of silt, vegetation and other debris (within the constraints of the Costal Commission and the Department of Fish and Game), necessary for proper drainage of the channel within the district’s boundary. Minimum maintenance work is performed on an “as needed” basis, with majorvegetation removal occurring every three to four years. The first major contract clearing was completed in May 1993. FISCAL IMPACT: The entire maintenance program, including staff time, is funded by the benefii assessments collected from the adjacent property owners, The projected fund balance at the close of Fiscal Year 1993-94 is $278,708. Fiscal Year 1994-95 will generate assessments in the amount of $100,000 at the same assessment rate per parcel as assessed in Fiscal Year 1993-94. Wih anticipated spending of approximately $5,000 for minor maintenance and administration during the next year, the fund balance at the end of Fiscal Year 1994-95 is projected to be $372,708. MHIBITS: 1. Resolution No. 94- /3 ? adopting Annual Benefit Assessments for Buena Vista Channel Maintenance District Benefit Area. I * ‘ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 1 RESOLUTlON NO. 9 4 - 13 7 RESOLUTlON OF THE GIN COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPllNG ANNUAL BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, did form the Buena Vista Channel Maintenance District in 1989 pursuant to the petition of the property owners and pursuant to the terms and provisions of the “Benefit Assessment Act of 1982”, being Chapter 8.4, Division 2, Tile 5 of the Government Code of the State of California, commencing with Section 54703, said area of benefit being known and designated as BENEFIT AREA NO. 1 (hereinafter referred to as the Benefii Area); and WHEREAS, at this time this legislative body is now satisfied with the annual Report as submitted (Exhibit A) for the levy of the benefit assessments, and is ready to proceed to levy the annual assessments on each parcel of benefiting property within boundaries of the Benefit Area; and, NOW, THEREFORE, BE IT RESOLVED RECITALS SECTION 1. That the above recitals are all true and correct, BOUNDARIES SECTION 2. That the boundaries and parcels as originally approved and shown within the area of benefit designated as BENEFIT AREA NO. 1 and are as shown in Exhibit ‘8’ attached hereto, are still determined to be the properties benefiting from the proposed works of maintenance, said properties lying within the boundaries of the Cities of Oceanside and Carl&ad. No changes are proposed In the boundaries of the Benefit Area. ASSESSMENTS SECTION 3. That it is hereby determined and ordered as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. That the annual levy of assessments for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year (1994/95), as shown in Exhibit ‘A’ attached hereto. 2. That it is further determined that as applicable the costs of the work and services may be greater than can conveniently be raised from a single annual assessment and it is hereby further determined that the cost of the work can be collected over a period of years. MAINTENANCE WORK SECTION 4. That is hereby further ordered that the works of maintenance to be performed are generally described as follows: All necessary work and services for the maintenance and drainage of the BUENA VlSTA CREAK CHANNEL between JEFFERSON STREET and EL CAMINO REAL, including the removal of sediment, vegetation and other debris and all other works of maintenance, said work to be performed within the Ciiies of Oceanside and Carisbad. The work will consist of periodic cleaning of the overgrowth and siit that impedes the free flow of water in the creek channel. A typical method of removal would be by utilization of dredging equipment consisting of a drag line and/or muck pump. At times, this may require the removal of dense vegetation materials by hand. NOTICE SECTION 5. That immediately upon the adoption of this Resolution the City Clerk shall cause notice to be given in the following manner: 1. Deliver the annual Report and Levy of the Engineer consisting of the assessment and diagram to the Community Services Director of the City of Carl&ad, and said Community Services Director shall immediately place for record said diagram and assessment in a suitable book as a permanent record. 2. Cause a certified copy of the assessment diagram and 2 -. _ ..) annual assessment levy to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the County Auditor, said filing to be completed no later than AUGUST 10TH. ASSESSMENT COLLECTION SECTION 8. That the above confirmed and levied annual assessment shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for that collection and enforcement of these assessments. PASSED, APPROVED AND ADOPTED by the City Council of the Cii of Carl&ad at its regular meeting held on the 17th day of MAY , 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: None ATTEST: - EXHIBITA ANNUAL REPORT BUENA VISTA CHANNEL MAINTENANCE DISTRICT ASSESSMENT SPREAD FY 94-95 APN ACREAGE 156-301-07 1.39 156-301-08 0.72 156-301-09 2.37 156-301-12 0.33 156-302-05 0.28 156-302-06 0.78 156-302-07 0.44 156-302-08 2.10 156-302-09 4.26 156-302-10 2.20 156-302-12 0.16 156-302-15 0.93 156-302-16 0.60 156-302-18 0.06 156-302-19 0.15 156-302-20 0.32 156-302-21 0.07 156-302-22 0.58 156-302-26 0.83 156-302-27 1.77 156-302-30 ** 3.35 PERCENT 5.867% 3.039% 10.004% 1.393% 1.182% 3.293% 1.857% 8.864% 17.982% 9.287% 0.675% 3.926% 2.533% 0.253% 0.633% 1.351% 0.295% 2.448% 3.504% 7.472% 14.141% SUB-TOTAL: 23.69 55.1% ASSESSMENT $3,185.50 $1,650.04 $5,431.39 $756.27 $641.68 $1,787.55 $1,008.36 $4,812.63 $9,762.75 $5,041.80 !§366.68 $2,131.31 $1,375.04 $137.50 $343.76 $733.35 $160.42 $1,329.20 $1,902.13 $4,056.36 $7,677.28 $54,291 .oo OWNER PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES MAY DEPARTMENT STORES CO MAY PROPERTIES INC PLAZA CAMINO REAL NEW MARJORAM ASSOCIATES CARTER HAWLEY HALE STORES INC BULLOCKS PROPERTIES CORP BULLOCKS PROPERTIES CORP PLAZA CAMINO REAL PIAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL PLAZA CAMINO REAL CARTER HAWLEY HALE STORES INC PIAZA CAMINO REAL PLAZA CAMINO REAL 156-302-02 0.58 1.021% $818.69 RICHARD 0. & ELLIE M. WAllLES 156-302-03 0.22 0.387% $310.54 G.W. & SONDRA J. DUNSTER 156-302-04 0.24 0.423% $338.77 ANGELO A. & MARIA VOZZA SUB-TOTAL: 1.04 1.831% $1,468.00 156-301-16 19.51 60.855% $X,922.70 HUGHES NORTH COUNTY ASSOCIATES 156-301-17 2.67 8.328% $3,684.45 HUGHES NORTH COUNTY ASSOCIATES 165-120-56 9.88 30.817% $13,633.85 HUGHES NORTH COUNTY ASSOCIATES II SUB-TOTAL: 32.06 44.9% $44,241 .OO GRAND TOTAL: 56.79 100.000% $100,000.00 ** Zero value parcel - Forced on tax roll L Br is 0: b- I I; JC 0s % i P r*