HomeMy WebLinkAbout1998-06-09; City Council; 14709; Buena Vista Channel Maintenance DistrictCITb” OF CARLSBAD - AGENP BILL
AB# /%?07 TITLE:
MTG. 619198
DEPT. pw
DEPT. HD.
BUENA VISTA CHANNEL MAINTENANCE
DISTRICT ANNUAL ASSESSMENTS
RECOMMENDED ACTION:
Adopt Resolution No. 98*17q d a op rng annual benefit assessments for Buena Vista Channel t’
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 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 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 districts fund balance. The existing assessment is exempt from the procedures and
requirements of Proposition 218 since it is imposed exclusively to finance the maintenance and operation of flood control and drainage systems and was established prior to July 1, 1997.
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 1998-l 999 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 1997- 1998 is projected to be $605,000. Fiscal Year 1998-l 999 will generate assessments in the
amount of $100,000 at the same assessment rate per parcel as assessed in Fiscal Year 1997- 1998. The Buena Vista Channel Maintenance District budget for Fiscal Year 1998-l 999 projects
total expenditures of $7,050 for yearly renewals of required environmental permits and staff
time.
EXHIBITS:
1. Resolution No. 9 8 - /7Y
EXHIBIT ‘1 .L-r
RESOLUTION NO. 98-174
A RESOLUTION OF THE CITY COUNCIL OF THE CIN 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. 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 (1998-99), 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 silt 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 Public Works Director of the City of Carlsbad, and said Public Works
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.
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,
1998.
-
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 9th day of June , 1998, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
&PJl 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-l 6 0.60
156-302-l 8 0.06
156-302-l 9 0.15
156-302-20 0.32
156-302-2 1 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%
I 7.982%
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% A
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT SPREAD
Fiscal Year 1998-I 999
Attachment A
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.
I ,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
I ,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
310.54
338 77 -
$1,468.00
Richard and Ellie Wattles
G.W. and Sondra Dunster
Vista Way178 LLC
$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
**Zero value parcel - forced on tax roll
BA BV Channel Annual Report 1998
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. city of
June 19,1998
Peter Weiss, City Engineer
City of Oceanside, Engineering Dept.
300 North Coast Highway
Oceanside, CA 92054
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
Enclosed is a certified copy of the City of Carlsbad Resolution No. 98-174 adopting
annual benefit assessments for the Buena Vista Channel Maintenance District for Fiscal
year 1998-1999. This is being sent in compliance with Section 5, Number 2 of the
attached resolution.
I am also enclosing a copy of this year’s agenda bill which presents a brief background
of the maintenance district.
If you or a member of your staff require additional information on the district, please call
me at (760) 434-2941.
Attachment
Copy: City Clerk
405 Oak Avenue l Carlsbad, CA 92008-3009 * (760) 434-2980 l FAX (760) 720-9562 a9
-
CERTIFICATION
STATE OF CALIFORNIA }
> ss.
COUNTY OF SAN DIEGO }
I, SHERRIE D. WORRELL, Deputy City Clerk of the City of Carlsbad, County of San
Diego, State of California, hereby certify that I have compared the foregoing copy of
Resolution No. 98-174, with the original which is on file in the City Clerk’s Office, and that
the same contains a true and correct copy of same.
WITNESS my hand and the seal of said City of Carlsbad, this 15th day of June, 1998.
SHERRIE D. WORRELL, Deputy City Clerk
(seal)
I . . 1 * II
- L,\I,I”I L 1
’
RESOLUTION NO. 98-174
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING ANNUAL BENEFIT
2 ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT
3
4
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
5 owners and pursuant to the terms and provisions of the Benefit Assessment Act of 1982, being
6 Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing
7 with Section 54703, said area of benefit being known and designated as Benefit Area No. 1
8 (hereinafter referred to as the Benefit Area); and 9
10 WHEREAS, at this time this legislative body is now satisfied with the Annual Report as
11 submitted (Attachment A) for the levy of the benefit assessments, and is ready to proceed to
12 levy the annual assessments on each parcel of benefiting property within boundaries of the
13 Benefit Area; and
14 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
15 follows:
16 II RECITALS
17 SECTION 1. The above recitals are true and correct.
18
19 BOUNDARIES
20 SECTION 2. That the boundaries and parcels as originally approved and shown within
21 the area of benefit designated as Benefit Area No. 1 and are as shown in Attachment B attached
22 hereto, are still determined to be the properties benefiting from the proposed works of
23 maintenance, said properties lying within the boundaries of the Cities of Oceanside and
24 Carlsbad. No changes are proposed in the boundaries of the benefit area.
25 ASSESSMENTS
26 SECTION 3. That it is hereby determined and ordered as follows:
27 1. That the annual levy of assessment for the maintenance and/or servicing of the
28 improvements are hereby confirmed and levied for the next fiscal year (1998-99) 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 silt 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 Public Works Director of the City of Carlsbad, and said Public Works
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.
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,
1998.
, ’ II C
1 ASSESSMENT COLLECTION
2 SECTION 6. That the above confirmed and levied annual assessment shall be collected
3 at the same time and in the same manner as general County property taxes are collected and all
4 laws providing for that collection and enforcement of these assessments.
5
II PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its
6 regular meeting held on the 9th day of June , 1998, by the following vote, to wit:
7
8 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and Hall
14 All-EST:
15
16
17
18
19 I
20
21
22
23
24
25
26
27
28
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
pJ ACREAGE
156-30 l-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-l 6 0.60
156-302-l 8 0.06
156-302-l 9 0.15
156-302-20 0.32
156-302-2 1 0.07
156-302-22 0.58
156-302-26 0.83
156-302-27 1.77
156-302-30** 3.35
Sub Total 23.69
156-302-02 0.58
156-302-03 0.22
156-302-04 0.24
Sub Total I .04
156-301-16 19.51
156-301-17 2.67
165-120-56 9.88
Sub Total 32.06
GRAND TOTAL 56.79
- -
Attachment A
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT SPREAD
Fiscal Year 1998-l 999
PERCENT ASSESSMENT OWNER
5.867% $3,185.50 Plaza Camino Real
3.039% 1,650.04 Carter Hawley Hale Stores, Inc
10.004% 5,431.39 Plaza Camino Real
1.393% 756.27 Plaza Camino Real
1.182% 641.68 Plaza Camino Real
3.293% 1,787.55 New Marjoram Associates
1.857% 1,008.36 El Toro Associates
8.864% 4,812.63 May Properties, Inc.
17.982% 9,762.75 Plaza Camino Real
9 -287% 5,041.80 New Marjoram Associates
0.675% 366.68 Carter Hawley Hale Stores, Inc.
3.926% 2,131.31 Macy’s Primary Real Estate, Inc.
2.533% 1,375.04 Macy’s Primary Real Estate
0.253% 137.50 Plaza Camino Real
0.633% 343.76 Plaza Camino Real
1.351% 733.35 Plaza Camino Real
0.295% 160.42 Plaza Camino Real
2.448% 1,329.20 Plaza Camino Real
3.504% 1,902.13 Carter Hawley Hale Stores, Inc.
7.472% 4,056.36 Plaza Camino Real
1M 7.677.28 Plaza Camino Real
55.100% $54,291 .oo
1.021%
0.387%
0.432%
Richard and Ellie Wattles
G.W. and Sondra Dunster
Vista Way178 LLC
1.831%
$818.69
310.54
338 77 -
$1,468.00
60.855% $26,922.70 Hughes North County Associates
8.328% 3,684.45 Hughes North County Associates
30.817% 13.633.85 Hughes North County Assoc. II
$44,241 .OO
$100.000.00
**Zero value parcel - forced on tax roll
BA BV Channel Annual Report 1998
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July 28, 1998
County of San Diego
Auditor and Controller Property Tax Services
1600 Pacific Highway, Room 164
San Diego, CA 92101
SUBJECT: CERTIFICATION OF FIXED CHARGE SPECIAL ASSESSMENTS
This letter certifies that, according to the records of the City of Carlsbad, all assessments and special taxes are in compliance with Article XIIIC & D of the
Constitution of the State of California. The total number of parcels subject to Fixed
Charge Special Assessments for the City of Carlsbad Buena Msta Channel
Maintenance District, and the corresponding dollar amount by fund for fiscal year
1998-99 are as listed below:
6010-13
PatiM:t%wtt Dollar-Amount
27 $100,000.04
Please contact Virginia McCoy at (760) 434-2941 with any questions.
Certified by:
c: PW, Administrative Coordinator - Special Districts
1200 Carlsbad Village Drive - Carlsbad, California 92008-1989 - (760) 434-2808