The URL can be used to link to this page

Home My WebLink About2002-07-23; City Council; 16831; Buena Vista Channel Maint. Dist. Annual AssessmentCITY OF CARLSBAD -AGENDA BILL LB# 16,831 m: BUENA VISTA CHANNEL ITG. 7/23/02 CITY Am. MAINTENANCE DISTRICT ANNUAL ASSESSMENTS )EPT. ENG I CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2002-218 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area No.1. ITEM EXPLANATION: The Buena Vista Channel Benefit Assessment District ("District") was formed in Fiscal Year 1989- requested by Plaza Camino Real, Hughes North County Associates, and Hughes North County 1990 according to the provisions of the Benefit Assessment Act of 1982. The formation was Associates II in order to provide an effective, consistent means of clearing the channel to allow for design flow. Thechannel is located south of Highway 78, between El Camino Real and the Jefferson Street Bridge and flows into the Buena Vista Lagoon. During the District's formation proceedings, all additional property owners within the District boundary were notified of the pending District formation and no objections were received. The channel maintenance program is administered by City staff and consists of the removal of silt, vegetation, and other debris (within the constraints of permits issued by the Coastal Commission, the Army Corps of Engineers and the Department of Fish and Game) necessary for proper drainage of the channel within the District's boundary. In the past, minimum maintenance work was performed on an "as needed basis, with major vegetation removal occurring every four years. The first two major dredging projects were completed in May of 1993 and March of 1997. The next maintenance project, tentatively scheduled for Fiscal 2002-03, is complex and will require several flora and fauna surveys. These surveys will be used to obtain the resource agency permits noted above. Staff proposes that the project permits include annual routine maintenance of the channel rather than the current program of clearing the channel every few years. the cost of major dredging every four or five years. An annual assessment rate of $100,000 has The District was originally formed with the intention of building a fund balance to adequately cover been collected since the District formation, with the exception of the last three Fiscal Years (1999- 00,2000-01 and 2001-02), when assessments were reduced to $1 .OO per parcel. During the last three fiscal years, City staff determined that the amount contained in the budget fund balance was sufficient to cover pending engineering and environmental studies and permits in addition to any necessary maintenance work for the channel. All affected property owners were notified by mail each fiscal year that their reduced assessment was a temporary action and that assessments would revert to the original amount at a future date. Due to the expenses to be incurred during Fiscal Year 2002-2003 for studies, obtaining permits, permit compliance, environmental mitigation and pending maintenance (which is estimated to cost at least $750,000), the total assessment collection will return to $100,000 at the same parcel assessment rates as last collected in Fiscal Year 1998-99. The original and current formulated amount for the assessments is based on property acreage. This action is not considered an assessment increase, since the assessment rates will not exceed the assessment rates as adopted them of the pending assessment for Fiscal Year 2002-03, were mailed on March 7, 2002. in the original assessment schedule in 1989. Notices to all affected property owners, informing Page 2 ofAgenda Bill No. 16,831 The existing assessment is exempt from the requirements of Proposition 218 since it is imposed was established prior to July 1, 1997. exclusively to finance the maintenance and operation of flood control and drainage systems and assessment cost for each parcel, the process for confirming the District's continuation for Fiscal Since there has been no change to the original District boundary and no change in the individual Year 2002-03 is for the 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 the District's adjacent property owners. The fund balance at the end of Fiscal Year 2001-2002 is permits and both minor and major channel wrk is funded by the benefit assessments collected from $100,000 at the same assessment rate per parcel as assessed in Fiscal Year 1998-1999. The projected to be approximately $750,000. The assessments for Fiscal Year 2002-2003 will generate money needed to cover a major contract, secure environmental permits and provide for staff processing time can be drawn from the District's fund balance when the channel maintenance contract is presented to City Council for its approval at a future date. The additional assessment funds generated over fiscal year 2002-03 will be used to continue the maintenance process on an annual basis instead of every four years. EXHIBITS: 1. Location Map 2. Resolution No. 2o02-218 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area No. 1. LOCATION MAP CONCRETE LINED CHANNEL CITY OF OCEANSIDE CITY OF CARLSBAD- - BUENA VETA CREEK CHANNEL MAlNTENANCE DlSTRlCT LEGEND: NOT TO SCAL€ AREA OF CHANNEL THAT PREVlOUSLY RECElVED CLEANlNG OF OVERGROWTH AND SI1 T =-= AREA OF CHANNEL NO T CLEANED SI PROJECT NAME BUENA VISTA CHANNEL MAINTENANCE DISTRICT I J 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 RESOLUTION NO. 2oo*-218 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD. CALIFORNIA, ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena Vista :hannel Maintenance District ("District") in 1989 pursuant to the petition of the property owners vithin the District and the terms and provisions of the Benefit Assessment Act of 1982, Government Code Section 54703, et. seq.); and WHEREAS, at this time the City Council is satisfied with the District Annual Report as iubmitted and attached hereto as Attachments A and B for the levy of the benefit assessments, Ind is ready to proceed to levy the annual assessments on each parcel of benefiting property tithin the boundaries of the District. NOW, THEREFORE, IT IS HEREBY RESOLVED 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 le area of benefit designated as Benefit Area No. 1, and as shown in Attachment "B" attached lereto, are still determined to be the properties benefiting from the proposed works of laintenance, said properties lying within the boundaries of the cities of Oceanside and Carlsbad. lo changes are proposed in the boundaries of Benefit Area No. 1. ASSESSMENTS SECTION 3. That it is hereby determined and ordered as follows: 1, That there is insufficient money in the District's fund balance to cover the cost of all iaintenance and services to be performed within the next fiscal year. 2. That the annual levy of assessments for the next fiscal year (2002-2003) is as hown in Attachment "A'. 3. That a reversion to the original formation assessment rate schedule in Fiscal Year 002-2003s assessment processing would not be considered as "subsequently increased" within le meaning of California Constitutional Act XlllD 5 5 as further defined by the State Government :ode 5 53750(h). 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 MAINTENANCE WORK SECTION 4. 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 preparation of plans and specifications, preparation of environmental studies, the processing of required governmental and agency permits, the removal and disposal of sediment, vegetation and other debris, the implementation of required mitigation measures and all other works of maintenance, said work to be performed within the cities of Oceanside and Carlsbad. The work will consist of a one-time major maintenance operation together with annual 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 andlor muck pump. At times this work 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 roll and diagram to the Public Works Director of the City of Carlsbad, and said Public Works Director shall immediately place for record said assessment roll and diagram in a suitable file as a permanent record. 2. Cause a certified copy of the assessment roll and diagram to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment roll and diagram to be immediately filed with the County Auditor, said filing to be completed no later than August 10, 2002. Ill Ill Ill Ill Ill Ill Page 2 of 3 of Resolution No. 2002-218 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 ASSESSMENT COLLECTION. SECTION 6. That the above confirmed and levied annual assessment shall be collected t the Same time and in the same manner as general County property taxes are collected and all IWS providing for that collection and enforcement of these assessments. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council eld on the 23rd day of JULY , 2002 by the following vote, to wit: AYES: Council Members Lewis, r ,TTEST \. ’ / &&AIP(IE M. WOOD, City Clerk Page 3 of 3 of Resolution No. 2002-218 (SEAL) Attachment A ANNUAL REPORT BUENA VISTA CHANNEL MAINTENANCE DISTRICT (Resolution No. 2002-218) ASSESSMENT ROLL Fiscal Year 2002-03 156-302-27 4,056.36 Plaza Camino Real 156-302-30 * ~ 7,677.28 Plaza Camino Real $ Sub Total $ 54,291 .OO I TOTALI $ 100,ooo.oo * Zero value oarcel - forced on lax roll Assmt Roll FY 2002-03 Attachment A -Annual Report 6/4/2002 N 0 0 N I N I- m I2 i