HomeMy WebLinkAbout1997-06-10; City Council; 14197; Buena Vista Channel Maintenance DistrictCIT”OF CARLSBAD - AGENDP-ULL 34
BUENA VISTA CHANNEL MAINTENANCE
DISTRICT ANNUAL ASSESSMENTS CITY MGRi-
RECOMMENDED ACTION:
ma@v ,’
Adopt Resolution No. adopting annual benefit’assessments for Buena Vista Channel
Maintenance District Benefit Area.
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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 the 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 administered 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 was completed in March of this year.
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. The passage of Proposition 218 has no impact on the processing
of this maintenance district at this time.
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 1997-I 998 is for Council to approve the attached resolution adopting the annual benefit
assessments.
FISCAL IMPACT:
The entire maintenance program, including staff time, annual renewals of required environmental permits and minor and major channel work is funded by the benefit assessments
collected from the adjacent property owners. The fund balance at the close of Fiscal Year 1996- 1997 is projected to be $328,000. Fiscal Year 1997-1998 will generate assessments in the
amount of $100,000 at the same assessment rate per parcel as assessed in Fiscal Year 1996-
1997. The Buena Vista Channel Maintenance District budget for Fiscal Year 1997-l 998 projects
total expenditures of $24,500 for preparation and activation of a five year maintenance contract, renewals of required environmental permits and staff time.
I EXHIBITS:
1. Resolution No. 7% 5@&
2. Memorandum Dated June 3, 1997, Effects of Proposition 218 on the
Buena Vista Channel Maintenance District.
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RESOLUTION NO. 97-480
A 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:
6 RECITALS
SECTION 1. The above recitals are 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:
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 (1997-98) as shown in
1 Attachment A.
2 2. That it is further determined that as applicable, the costs of the work and services
3 may be greater than can conveniently be raised from a single annual assessment and it is
4 hereby further determined that the cost of the work can be collected over a period of years.
5 MAINTENANCE WORK
6 SECTION 4. That it is hereby further ordered that the works of maintenance to be
7 performed are generally described as follows:
8 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
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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 silt that impedes
the free flow of water in the creek channel. A typical method of removal would be by utifization
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 24
25 be immediately filed with the City Engineer of the City of Oceanside.
26 3. Cause a certified copy of the assessment diagram and annual assessment levy to
27 be immediately filed with the County Auditor, said filing to be completed no later than August 10,
28 1997.
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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 10th day of June , 1997, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, and Hall
NOES: None
ABSENT: Council Member Nygaard
All-EST:
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ALETHA L. RAUTBNKRANZ, City Clerk \
(SEAL)
ATTACHMENT A
&PJJ 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-l 0 2.20
156-302-l 2 0.16
156-302-l 5 0.93
156-302-I 6 0.60
156-302-I 8 0.06
156-302-I 9 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 55.100%
156-302-02 0.58 1.021%
156-302-03 0.22 0.387%
156-302-04 0.24 0.432%
Sub Total 1.04 1.831%
156-301-16 19.51
156-301-17 2.67
165-l 20-56 9.88
60.855%
8.328%
30.817%
Sub Total 32.06
GRAND TOTAL 56.79
44.900%
100.00%
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT SPREAD
Fiscal Year 1997-l 998
**Zero value parcel - forced on tax roll
BA BV Channel Annual Report 1997
ASSESSMENT OWNER
$3,185.50 Plaza Camino Real
1,650.04 Carter Hawley Hale Stores, Inc
5,431.39 Plaza Camino Real
756.27 Plaza Camino Real
641.68 Plaza Camino Real
1,787.55 New Marjoram Associates
1,008.36 El Toro Associates
4,812.63 May Properties, Inc.
9,762.75 Plaza Camino Real
5,041.80 New Marjoram Associates
366.68 Carter Hawley Hale Stores, Inc.
2,131.31 Macy’s Primary Real Estate, Inc.
1,375.04 Macy’s Primary Real Estate
137.50 Plaza Camino Real
343.76 Plaza Camino Real
733.35 Plaza Camino Real
160.42 Plaza Camino Real
1,329.20 Plaza Camino Real
1,902.13 Carter Hawley Hale Stores, Inc.
4,056.36 Plaza Camino Real
7.677.28 Plaza Camino Real
$54,291 .oo
$818.69 Richard and Ellie Wattles
310.54 G.W. and Sondra Dunster
338.77 Vista Way/78 LLC
$1,468.00
$26,922.70 Hughes North County Associates
3,684.45 Hughes North County Associates
13,633.85 Hughes North County Assoc. II
$44,241 .OO
$100,000.00
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EXHIBIT 2
June 3, 1997
TO: CITY MANAGER
FROM: Financial Management Director
EFFECTS OF PROPOSITION 218 ON THE BUENA VISTA CHANNEL
MAINTENANCE DISTRICT
Following the passage of proposition 218 last November, the City staff performed
a review of the various assessment districts and fees that could be affected by the
new rules. The Buena Vista Channel Maintenance District, formed to maintain the
drainage and water flow pattern of the Buena Vista creek bed north of the Plaza
Camino Real shopping center, was found to be exempt from the procedures and
approval processes included in proposition 218 (article XIIID of the constitution)
under exemption language in section 5, :
Any assessment imposed exclusively to finance the capital costs or
maintenance and operation expenses for sidewalks, streets, sewers, water,
flood control, drainage systems or vector control (California Construction
article XIIID, § 5(a).)
This district was formed under the 1982 Act solely to fund drainage and flood
control costs related to that section of the creek. It is therefore exempt from the
requirements of proposition 2 18.
The attached agenda bill asks the Council to approve the 1997-98 benefit
assessments for this district. All property owners have been properly noticed of
the amount of the assessments for 1997-98. No public hearing is required for the
set the annual Assessment for this District (Government Code
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