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HomeMy WebLinkAbout1999-07-13; City Council; 15307; Buena Vista Channel Maintenance DistrictClm OF CARLSBAD - AGENP’ BILL BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS RECOMMENDED ACTION: Adopt Resolution No. 9q-251 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 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 district’s 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. For Fiscal Year 1999-00 the annual assessments are to be reduced to $1 .OO per assessable parcel. City staff has evaluated the fund balance, which consists of all collected assessment money not used for the District’s operation and maintenance programs, and is satisfied there are sufficient funds to cover any maintenance programs and/or environmental permits that will be required within the next fiscal year. At this time the assessment reduction is planned for one year only, with the assessment rates to return to their formation rates in Fiscal Year 2000-01. Notices to all affected property owners, informing them of the assessment decrease, were mailed on May 20, 1999. FISCAL IMPACT: The entire maintenance program, including staff time, annual renewals of required environmental permits and both minor and major channel work is funded by the benefit assessments collected from the adjacent property owners. The fund balance at the end of Fiscal Year 1998-l 999 is projected to be $700,000. The reduction in assessments for Fiscal Year 1999-00 will generate only twenty seven dollars ($27), since the purpose of the assessment is merely to keep the tax roll collection activated. The money needed to cover environmental permit renewals and staff processing time will be drawn from the fund balance. EXHIBITS: 1. Resolution No. 99 -ag 2. Sample letter to property owners RESOLUTION NO. 99-251 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: 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: 2 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 it is concluded at this time there is sufficient money in the maintenance district’s fund balance to cover the cost of any services to be performed within the next fiscal year. 2. That the annual levy of assessments has been reduced for the next fiscal year (1999-2000) as shown in Attachment “A”. 3. That a return to the original formation assessment fee schedule in Fiscal Year 2000-2001’s assessment processing would not be considered as “subsequently increased” within the meaning of California Constitutional Act XIIID 5 5 as further defined by GC 5 53750(h). 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, 1999. 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 13 th day of Julv , 1999, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None ABSENT: None Al-l-EST: (SEAL) 4 pJl 156-301-07 156-301-08 156-30 l-09 156-301-l 2 156-302-05 156-302-06 156-302-07 156-302-08 156-302-09 156-302-l 0 156-302-l 2 156-302-l 5 156-302-l 6 156-302- 18 156-302-l 9 156-302-20 156-302-21 156-302-22 156-302-26 156-302-27 156-302-30*’ 156-302-02 156-302-03 156-302-04 156-301-16 ACREAGE ASSESSMENT OWNER 1.39 $1 .oo 0.72 1 .oo 2.37 1.00 0.33 1 .oo 0.28 1.00 0.78 1.00 0.44 1 .oo 2.10 1 .oo 4.26 1 .oo 2.20 1 .oo 0.16 1 .oo 0.93 1 .oo 0.60 1 .oo 0.06 1 .oo 0.15 1 .oo 0.32 1 .oo 0.07 1 .oo 0.58 1 .oo 0.83 1 .oo 1.77 1 .oo 3.35 1.00 0.58 1 .oo 0.22 1 .oo 0.24 1 .oo 19.51 1 .oo 156-301-17 2.67 1 .oo 165-l 20-56 9.88 1.00 TOTAL 56.78 $27 00 A Attachment A ANNUAL REPORT BUENA VISTA CHANNEL MAINTENANCE DISTRICT AMENDMENTASSESSMENT SCHEDULE Fiscal Year 1999-2000 Plaza Camino Real Carter Hawley Hale Stores, Inc Plaza Camino Real Plaza Camino Real Plaza Camino Real New Marjoram Associates El Toro Associates 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 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 and Ellie Wattles G.W. and Sondra Dunster Vista Wayi LLC Alexander Haagen Properties Operating Pa Hughes North County Associates Hughes North County Assoc. II **Zero value parcel - forced on tax roll BA BV Channel Annual Report 1999 Attachment B ‘f I el! 4 1 6 f i a 0. i L STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO, ) ss. I, Aletha L. Rautenkranz, City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original Council Resolution No. 99-251 passed and adopted by said City Council, at a Reaular meeting thereof, at the time and by the vote therein stated, which original Council Resolution No. 99-251 is now in my office: that the same contains a full, true and correct copy therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 19 th day of Julv. 1999 . (SEAL) h - EXHIBIT 2 City of Carlsbad May 27,1999 Property Owner Mailing Address City, State Zip Code Dear Property Owner: Re: Assessor’s Parcel No. (Site Address) As you are most likely aware your property, as identified in the above description, is one of twenty seven (27) properties receiving certain drainage benefits and, therefor, included within the boundaries of the Buena Vista Channel Maintenance District (hereafter referred to as the District) since 1989. The District was formed according to the provisions of the Benefit Act of 1982, being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, to provide an effective, consistent means of clearing the Buena Vista Channel. This allows for design flow and eliminates the possibility of flooding adjacent properties and streets during the heavy rainy season, as well as maintains an environmentally safe and flowing water passage. The formation of the District was requested by Hughes North County Associates (1 and 2) and Plaza Camino Real properties who, at the time of formation, owned 98% of the property that benefits from the maintenance program. The additional three property owners were informed by mail and no protests to the formation of the District were received by the City. The District was originally formed with the intention of building a fund balance to adequately cover the cost of major dredging every four years. Environmental permits are renewed annually. A total annual rate of $100,000 has been collected since the formation. The formula for the assessments is based on property acreage. The annual assessment on your property/properties is shown on and paid via your property tax bill. The preceding brief background brings me to the intent of this notice. For Fiscal Year 1999-00 the annual assessments are recommended to be reduced to $1 .OO per assessable parcel. City staff has evaluated the fund balance, which consists of all collected assessment moneys not used for the District’s operation and maintenance programs, and is satisfied there are sufficient funds to cover any maintenance programs and/or environmental permits that will be required within the next fiscal year. At this time, the assessment reduction is planned for one Year on/v with the assessments to return to their formation rates in Fiscal Year 2000-01. This notice is being sent to let you know of this one year reduction and that your assessment rate is projected to return to the original assessment rate in FY 00-01. 7 405 Oak Avenue - Carlsbad, CA 92008-3009 l (760) 434-2980 - FAX (760) 720-9562 @ , If you have any questions regarding this notice or would like additional information concerning the District, please call me at (760) 434-2941. Sincerely, “~NyIg$kdxT~ Administrative Coordinator, Special Districts kcp attachment/l c: City Attorney Ron Ball Assistant City Engineer David Hauser Finance Director Lisa Hildabrand