HomeMy WebLinkAbout1996-06-18; City Council; 13698; Buena Vista Channel Maintenance DistrictC-Y OF CARLSBAD - AGEWA BILL
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MTG. 6/l 8196 BUENA VISTA CHANNEL MAINTENANCE
DEPT.& DISTRICT ANNUAL ASSESSMENTS
RECOMMENDED ACTION:
Approve Resolution No. %-J’+# 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.
The maintenance program is administrated by City staff and consists of the removal of silt,
vegetation and other debris (within the constraints of the Coastal 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 major
vegetation removal occurring every four to five years. The first major dredging was completed
in May 1993. A second major dredging is scheduled for January 1997.
The maintenance district was originally formed with the intention of building a fund balance to
adequately cover the cost of major dredging every four years. An annual assessment rate of
$100,000 has been collected since the District formation. All monies not budgeted are deposited
in the District’s fund balance.
Since there has been no change to the original district boundary and no change in the individual
assessment cost for each parcel, the process for confirming the District’s continuation for Fiscal
Year 1996-97 is for Council to approve the attached resolution adopting the annual benefit
assessments.
FISCAL IMPACT:
The entire maintenance program, including staff time, is funded by the benefit assessments
collected from the adjacent property owners. The projected fund balance at the close of Fiscal
Year 199596 is projected to be $447,500. Fiscal Year 1996-97 will generate assessments in the
amount of $100,000 at the same assessment rate per parcel as assessed in Fiscal Year 1995-96.
The Buena Vista Channel Maintenance District Budget for FY 1996-97 projects total expenditures
of $304,500 for a contracted major dredging of the channel, related environmental permits and
staff administration time.
EXHIBITS:
1. Resolution No. e-J-&
RESOLUTlON NO. 96-214
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING 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 6.4,
Division 2, Title 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 Benefit Area); and
WHEREAS, at this time this legislative body is now satisfied with the Annual Report as
submitted (Attachment 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 by the City Council of the City of Carlsbad as
follows:
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 Attachment B
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
Carlsbad. No changes are proposed in the boundaries of the Benefit Area.
ASSESSMENTS
SECTION 3. That it is hereby determined and ordered as follows:
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1. That the annual levy of assessment for the maintenance and/or servicing of the
improvements are hereby confirmed and levied for the next fiscal year (1996-97), as shown in
Attachment A.
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 it 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
Vista Creek 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 Cities of Oceanside and Carlsbad.
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 Carlsbad, 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 annual assessment levy
to be immediately filed with the City Engineer of the City of Oceanside.
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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
10, 1995.
ASSESSMENT COLLECTION
SECTION 6. 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 City of Carlsbad at its
regular meeting held on the 18th day of JUNE , 1996, by the following
vote to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
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All-ACHMENT A
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT SPREAD
Fiscal Year 1996-l 997
APN ACREAGE PERCENT ASSESSMENT
158-301-07 1.39 5.887% $3,185.50
158-301-08 0.72 3.039% 1,850.04
158-301-09 2.37 10.004% 5J31.39
158-301-12 0.33 1.393% 758.27
158-302-05 0.28 1.182% 841.88
158-302-08 0.78 3.293% 1,707.55
158-302-07 0.44 1.857% 1,008.38
158-302-08 2.10 8.884% 4,812.83
158-302-09 4.28 17.982% 9,782.75
158-302-10 2.20 9.287% 5,041.80
158-302-12 0.18 0.875% 388.88
158-302-15 0.93 3.928% 2,131.31
158-302-18 0.80 2.533% 1,375.04
158-302-18 0.08 0.253% 137.50
158-302-19 0.15 0.833% 343.78
158-302-20 0.32 1.351% 733.35
158-302-21 0.07 0.295% 180.42
158-302-22 0.58 2.448% 1,329.20
158-302-28 0.83 3.504% 1,902.13
158-302-27 1.77 7.472% 4,058.38
158-302-30** 3.35 14.141% 7.877.28
Sub-Total 23.89 55.100% $54,291.00
158-302-02
158-302-03
158-302-04
Sub Total
158-301-18
156-301-17
185-120-58
Sub Total
0.58 1.021% $818.89
0.22 0.387% 310.54
0.24 0.432% 338.77
1.04 1.631% $1,488.00
19.51 60.855% $26,922.70
2.87 8.328% 3,684.45
w 30.817% 13.633.85
32.06 44.900% $44,241 .OO
GRAND TOTAL 56.79 100.000% $100,000.00
OWNER
Plaza Camino Real
Carter Hawley Hale Stores, Inc.
Plaza Camino Real Plaza Camino Real
Plaza Camino Real
New Marjoram Associates
May Department Stores
May Properties, Inc.
Plaza Camino Real New Marjoram Associates
Carter Hawley Hale Stores, Inc.
Macy’s Primary Real Estate, Inc. Macy’s Primary Real Estate, Inc.
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Plaza Camino Real
Carter Hawley Hale Stores, Inc.
Plaza Camino Real
Plaza Camino Real
Richard 0. and Ellie M. Wattles
G.W. and Sondra J. Dunster
Angelo A. 81 Maria Voua
Hughes North County Associates
Hughes North County Associates
Hughes North County Associates II
l * Zero value parcel - forced on tax roll
ATTACHMENT B