HomeMy WebLinkAbout2000-06-20; City Council; 15790; Buena Vista Channel Maintenance District4B# 15,790 TITLE- -*
BUENA VISTA CHANNEL IIITG. 6/20/00 MAINTENANCE DISTRICT ANNUAL ASSESSMENTS
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Cl-;; OF CARLSBAD -AGENDA BILL
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CITY All-Y
CITY MGR. I=ihy.
RECOMMENDED ACTION:
Adopt Resolution No. 2000-200 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 two major dredging projects were completed in May of
1993 and March of 1997. A third major dredging is scheduled for January of 2001.
The maintenance district was originally formed with the intention of building a fund balance to
adequately cover the cost of major dredging every four to five years. An annual assessment rate of
$100,000 has been collected since the district formation, with the exception of Fiscal Year 99-00
and Fiscal Year 00-01. 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 2000-01, the annual assessments are again 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 additional year only, with the assessment
rates to return to their formation rates in Fiscal Year 2001-2002. Notices to all affected property
owners, informing them of the assessment decrease, were mailed on May 20, 2000.
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Page 2 of Agenda Bill No. ~3 I 790
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 1999-2000 is
projected to be $750,000. The reduction in assessments for Fiscal Year 2000-2001 will generate
only twenty seven dollars ($27) since the purpose of the assessment schedule is to keep the tax
roll collection activated. The money needed to cover a major contract, secure environmental
permits and provide for staff processing time can be drawn from the fund balance when the
maintenance contract is presented to City Council for their approval.
EXHIBITS:
1. Resolution No. 2ccc-200 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area.
2. Sample letter to property owners.
2
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I RESOLUTION NO. 2000-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING ANNUAL BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT.
5 WHEREAS, the City Council of the City of Carlsbad, California, did form the Buena Vista
6 Channel Maintenance District in 1989 pursuant to the petition of the property owners and
7 pursuant to the terms and provisions of the Benefit Assessment Act of 1982, being Chapter 6.4,
8 Division 2, Title 5 of the Government Code of the State of California, commencing with Section
9 64703, said area of benefit being known and designated as Benefit Area No. 1 (hereinafter
referred to as the Benefit Area); and
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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
I2 the annual assessments on each parcel of benefiting property within boundaries of the Benefit
l3 Area; and
14 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
15 follows:
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RECITALS
SECTION 1. The above recitals are true and correct.
BOUNDAIRES
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
20 hereto, are still determined to be the properties benefiting from the proposed works of
21 maintenance, said properties lying within the boundaries of the cities of Oceanside and Carlsbad.
22 No changes are proposed in the boundaries of the benefit area.
23 ASSESSMENTS
24 SECTION 3. That it is hereby determined and ordered as follows:
25 1. That it is concluded at this time there is sufficient money in the maintenance
26 district’s fund balance to cover the cost of any services to be performed within the next fiscal
27 year.
2. 26 That the annual levy of assessments has been reduced for the next fiscal year
(2000-2001) as shown in Attachment “A”.
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1 3. That a return to the original formation assessment fee schedule in Fiscal Year
2 2001-2002’s assessment processing would not be considered as “subsequently increased” within
3 the meaning of California Constitutional Act XIIID Q 5 as further defined by GC § 53750(h).
MAINTENANCE WORK 4
SECTION 4. That it is hereby further ordered that the works of maintenance to be
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performed are generally described as follows:
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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,
8 vegetation and other debris and all other works of maintenance, said work to be performed within
9 the cities of Oceanside and Carlsbad.
10 The work will consist of periodic cleaning of the overgrowth and silt that impedes the free
11 flow of water in the creek channel. A typical method of removal would be by utilization of
12 dredging equipment consisting of a drag line and/or muck pump. At times this may require the
13 removal of dense vegetation materials by hand.
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NOTICE
SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk shall
cause notice to be given in the following manner:
16 1. Deliver the annual Report and .Levy of the Engineer consisting of the assessment
17 and diagram to the Public Works Director of the City of Carlsbad, and said Public Works Director
18 shall immediately place for record said diagram and assessment in a suitable book as a
19 permanent record.
20 2. Cause a certified copy of the assessment diagram and annual assessment levy to
21 be immediately filed with the City Engineer of the City of Oceanside.
22 3. Cause a certified copy of the assessment diagram and annual assessment levy
23 to be immediately filed with the County Auditor, said filing to be completed no later than
24 August 10,200O.
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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 at a regular meeting of the Carlsbad, City Council
held on the 20th day of June I 2000 by the following vote, to
wit:
AYES: Council Members Hall, Nygaard and Kulchin
NOES: None NOES: None
ABSENT: ABSENT: Council Members Lewis Council Members Lewis
Matt Hall, Mayo; &Tern Matt Hall, Mayor ProTem
ATTEST: D
'r/7,- / / I L@RJ&NE fvf. WOOD, City Clerk L@RJ&NE fvf. WOOD, City Clerk
and Finnila
(SEAL)
ATTACHMENT “A”
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ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
AMENDMENT ASSESSMENT SCHEDULE
Fiscal Year 2000-2001
156-302-08 2.10 1 .oo
156-302-09 4.26 1 .oo
May Properties, Inc.
1 Plaza Camino Real
156-302-l 0 2.20
156-302-l 2 0.16
156-302-I 5 0.93
156-302-I 6 0.60
1 .oo
1 .oo
1 .oo
1 .oo
New Marjoram Associates
Carter Hawley Hale Stores, Inc.
Macy’s Primary Real Estate, Inc.
Macy’s Primary Real Estate
156-302-I 8 0.06 1 .oo 1 Plaza Camino Real
156-302-l 9 I 0.15 I 1 .oo 1 Plaza Camino Real
t 156-302-20 0.32 I 1 .oo 1 Plaza Camino Real I
156-302-2 1 0.07 1 .oo
156-302-22 0.58 1.00
156-302-26 0.83 1 .oo
156-302-27 1.77 1.00
Plaza Camino Real
Plaza Camino Real
Carter Hawley Hale Stores, Inc.
Plaza Camino Real
156-302-30 ** 3.35 1 .oo Plaza Camino Real
156-302-02 0.58 1.00 Richard and Ellie Wattles
156-302-03 0.22 1 .oo G.W. and Sondra Dunster
156-302-04 0.24 1 .oo Vista Way178 LLC
Alexander Haagen Properties Operating Pa
Hughes North County Associates
Hughes North County Assoc. II
156-301-16 19.51
156-301-17 2.67
165-I 20-56 9.88
TOTAL 56.79
1 .oo
1 .oo
1 .oo
$27.00
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May 11,200O
Plaza Camino Real
11601 Wilshire Boulevard
Los Angeles, CA 90025
APN: 156-301-07-00
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
Dear Property Owner:
As you are most likely aware, your property as identified in the above property
description has been one of twenty seven (27) properties receiving certain drainage
benefits and, therefore, has been 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,
(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 to allow for
design flow and eliminate the possibilities of flooding adjacent properties and streets
during the heavy rainy season, as well as maintaining 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 of the formation and did not protest the City’s
action.
The District was originally formed with the intent 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 had been collected since the
District formation and individual parcel benefit assessments had remained the same
since the formation until FY 1999-2000. The original 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.
1635 Faraday Avenue l Carlsbad, CA 92008-7314 l (760) 602-2720 l FAX (760) 602-8562
May 11,200O
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
Page 2
The preceding brief background brings us to the intent of this notice. For Fiscal Year
2000-2001, the annual assessments are recommended to remain at $1.00 per
assessable parcel for the second consecutive fiscal year. City staff has evaluated the
fund balance, which consists of all collected assessment moneys not used for the
Districts 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 additional fiscal vear onlv with
the assessments to return to their formation rates in Fiscal Year 2001-02. This notice is
being sent to let you know of the additional one year reduction and that your
assessment rate, as of this date, is projected to return to the original assessment
formation rate in FY 2001-2002.
If you have any questions regarding this notice, or would like additional information
concerning the District, please call me at (760) 602-2777.
VIRGINIA MC COY,
Administrative Coordinator, Special Districts
c: City Attorney
Public Works Director
Finance Director