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:
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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
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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