HomeMy WebLinkAbout2004-07-06; City Council; 17697; Buena Vista channel maint dist annual assessmentsn
TITLE:
BUENA VISTA CHANNEL
MAINTENANCE DISTRICT ANNUAL ASSESSMENTS
\B# 17,697
MTG. 7/06/04
DEPT. FIN
DEPT. HD. 'w
CITY ATTY.
RECOMMENDED ACTION:
Adopt Resolution No. 2004-223
Channel Maintenance District Benefit Area No. 1.
, adopting annual benefit assessments for Buena Vista
ITEM EXPLANATION:
The Buena Vista Channel Benefit Assessment District ("District") was formed in Fiscal Year 1989-90
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 I1 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 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 has consisted 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 1993 and March 1997.
The District was originally formed with the intention of building a fund balance to adequately cover the
cost of a major dredging every four to five years. An annual assessment total of $100,000 has been
collected since the District formation, with the exception of fiscal years 1999-00, 2000-01, 2001-02
and 2003-04, when assessments were reduced to $1 per parcel to keep the District active on the
County tax rolls.
CURRENT STATUS:
Since the District was first formed 13 years ago, the agencies with jurisdiction over the channel have
both increased and revised the environmental restrictions governing the maintenance program for the
channel. This consequently created the need for the City to re-evaluate the original maintenance
program. The current program includes annual routine maintenance of the channel rather than the
prior program of clearing the channel every few years. The general program for maintenance involves
the clearing of vegetation on the north side of the Creek in segmented intervals. This concept was
designed with input from various resource agencies to avoid the permitting from numerous agencies
and to minimize significant environmental impacts.
During fiscal year 2003-04, assessment funds were spent for permit compliance, environmental
mitigation studies, evaluation of future maintenance needs and emergency maintenance. Staff has
evaluated the existing fund balance of the District and is recommending that assessment rates be
raised back up to a total assessment collection of $100,000, at the same parcel assessment rates as
last collected in fiscal year 2002-03. The original and current formulated amount for the assessments
is based on acreage. This action is not considered an assessment increase, since the assessment
rates will not exceed the assessment rates as adopted in the original assessment schedule in 1989.
Page 2 of Agenda Bill No. 17,697
All affected property owners have been notified by mail that staff is recommending that their 2004-05
assessments revert back to the original amount, and that Council will take action on this item at
tonight's meeting.
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
2004-05 is for Council to approve the attached resolution adopting the annual benefit assessments.
Environmental:
The environmental impact report (EIR 02-03) for the maintenance program was certified by the City
Council on August 5, 2003. The EIR provides the necessary environmental review, documentation
and clearance for the current maintenance program.
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 District's adjacent property owners. Anticipated work for the 2004-05 fiscal year includes initial
exotic plant removal, re-vegetation of bare areas, and the removal of cattails from one-fifth of the north
side of the channel. The 2004-05 budget for the District is $171,800, which will be funded with
$1 00,000 in assessments as well as existing fund balances.
The projected fund balance at the end of the 2003-04 fiscal year is $844,000. This fund balance will
be used to cover future annual operating deficits, which are projected to run between $25,000 and
$40,000 per year, over the next five years. Before this fund balance is depleted, staff will be working
with the property owners within the District to address the funding of the annual maintenance
requirements.
EXHIBITS:
1. Location Map.
2. Resolution No. 2004-223 , adopting annual benefit assessments for Buena Vista Channel
Maintenance District Benefit Area No. 1.
DEPARTMENT CONTACT: Kevin Branca; (760) 602-2430; kbran0ci.carlsbad.ca.us
2
LO CAT1 0 N MAP
CONCRETE LINED CHANNEL
CIW OF OCEANSIDE --- ciw OF CARLSBAD- -
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
LEGEND:
I
NOT TO SCALE
3%
**.
AREA OF CHANNEL TO RECEIVE
CLEARING OF OVERGROWTH
AREA OF CHANNEL NOT
CLEANED
SI
PROJECT NAME BUENA VISTA CHANNEL MAINTENANCE DIS TRlC T I
\W BY: SCOTT EVANS, CARLSBAO ENGINERING DEPT. 5/07/02 C: \CAPITAL\HOWARD\B~-MAlNT.DWL: < -
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Exhibit 2
RESOLUTION NO. 2004-223
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
Channel Maintenance District (“District”) in 1989 pursuant to the petition of the property owners
within 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
submitted and attached hereto as Attachments A and B for the levy of the benefit assessments,
and is ready to proceed to levy the annual assessments on each parcel of benefiting property
within 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
the area of benefit designated as Benefit Area No. 1, and 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 Benefit Area No. 1.
ASSESSMENTS
That it is hereby determined and ordered as follows:
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 (2004-05), as shown
in Attachment “A.
SECTION 3.
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Exhibit 2
2. That a reversion to the original formation assessment rate schedule in fiscal
year 2004-05’s assessment processing would not be considered as “subsequently increased”
within the meaning of California Constitutional Act XlllD § 5 as further defined by State
Government Code 3 53750(h).
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 proposed work will consist of a yearly clearing program of the channel area upon
certification of the Program Environmental Impact Report for the Buena Vista Channel prepared
by Dudek and Associates.
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 IO,
2004.
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Exhibit 2
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 6th dayof July , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST
&hm&
WINE M. WOOD, City Clerk
(SEAL)
6
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT ROLL
Fiscal Year 2004-05
APN
1 56-30 1 -07
1 56-30 1 -08
156-301 -09
156-301 -1 2
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
156-302-05
156-302-06
156-302-07
156-302-08
156-302-09
156-302-1 0
156-302-1 2
$ 641.68 Plaza Camino Real
$ 1,787.55 New Marjoram Associates
$ 1,008.36 El Tor0 Associates
$ 4,812.63 The May Department Stores Co.
$ 9,762.75 Plaza Camino Real
$ 5,041.80 New Marjoram Associates
$ 366.68 Carter Hawley Hale Stores, Inc.
156-302-1 5
156-302-1 6
156-302-1 8
156-302-1 9
11 56-302-20 I$ 733.35 IPlaza Camino Real
$ 2,131.31 Macy's Primary Real Estate, Inc.
$ 1,375.04 Macy's Primary Real Estate, Inc.
$ 137.50 Plaza Camino Real
$ 343.76 Plaza Camino Real
156-302-02 818.69 Crmad Props LLC
Zero value parcel - forced on tax roll
bvc Asmt Roll.xls 06/21 /2004 7
July 22,2004
County of San Diego
Auditor and Controller
Property Tax Services
1600 Pacific Highway, Room 077
San Diego, CA 92101
CERTIFICATION OF FIXED CHARGE SPECIAL ASSESSMENTS - BUENA VISTA CHANNEL
MAINTENANCE DISTRICT
This letter certifies that according to the records of the City of Carlsbad, that all assessments and special
taxes are in compliance with Article XIIC & D of the Constitution of the State of California, that the total
number of parcels subject to Fixed Charge Special Assessments and the dollar amount by Fund for
2004/05 are as listed below:
FUND NO. COUNT AMOUNT
601013 27 $99,999.88
Please contact Joan Cox at 949-655-3900 x337 with any questions.
Certified by:
Assistant C:G Clerk 'd
cc: Lisa Hildabrand, Finance Director
Carrie Loya, Senior Engineer
Public Works Administrative Coordinator-Special Districts
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