HomeMy WebLinkAbout2003-07-08; City Council; 17228; Buena Vista Channel Maintenance Dist AssessmentsAB# 17,228
MTG. 7/08/03
DEPT. FIN
TITLE:
BUENA VISTA CHANNEL
MAINTENANCE DISTRICT ANNUAL ASSESSMENTS
DEPT. HD? I$
CITY AlTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2003-177
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
1989-1990 according to the provisions of the Benefit Assessment Act of 1982. The formation was
requested by Plaza Camino Real, Hughes No'rth 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 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 1999-2000, 2000-2001 and
2001-2002, 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 has consequently created the need for the City to re-evaluate the original maintenance
program.
The agencies currently involved in the permit approval include the U.S. Fish and Wildlife Services, the
California Department of Fish and Game, the Regional Water Quality Control Board, and the Army
Corps of Engineers. In addition, the channel lies within the boundaries of the State of California
Coastal Commission, and all activity and time frames must comply with their existing regulations.
The next maintenance project 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.
17,228 Page 2 of Agenda Bill No.
During Fiscal Year 2002-2003, assessment funds were spent for studies, permit compliance,
environmental mitigation studies, and evaluation of future maintenance needs. Staff has evaluated
the existing fund balance of the District and is recommending that assessment rates again be reduced
to $1 per parcel, for a total assessment collection of $27, to keep the District active on the County tax
rolls. All affected property owners will be notified by mail that their reduced 2003-2004 assessment is
a temporary action, and that assessments will revert to the original amount at a future date. Since
there has been no change to the original District boundary and staff has concluded that sufficient
funds exist in the District’s fund balance to cover the projected maintenance costs for Fiscal Year
2003-2004, staff is recommending that the Council approve the attached resolution adopting the
annual benefit assessments.
Environmental:
Due to the increased environmental constraints involved in the current proposed channel
maintenance program, a Program Environmentgl Impact Report (PEIR) is being completed. This
report will further assist in establishing and detailing an environmentally compatible program. Public
review of the Draft PElR concluded on May 5, 2003. Staff will present the PElR to the City Council for
approval to establish an environmentally compatible maintenance program in the near future. After
City Council approval, staff will then proceed in acquiring permits from all regulating agencies.
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. The fund balance at the end of Fiscal Year 2002-2003 is
projected to be approximately $892,000. The assessments for Fiscal Year 2003-2004 will generate
$27 at the assessment rate of $1 per parcel. The money needed to cover a future major contract,
secure environmental permits, and provide for staff processing time can be drawn from the District‘s
fund balance.
EXH IBlTS :
1. Location Map.
2. Resolution No. 2003-177 , adopting annual benefit assessments for Buena Vista Channel
Maintenance District Benefit Area No. 1. t
DEPARTMENT CONTACT: Kevin Branca; (760) 602-241 8; kbran@ci.carlsbad.ca.us
CONCRETE LINED CHANNEL MAINTAINED BY CITY \ ,-
LEGEND:
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BUENA VISTA CHANNEL MAINTENANCE DISTRICT
PROJECT NAME EXHIBIT 7
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RESOLUTION NO. 2003-177
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. sey.); 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
SECTION 3. That it is hereby determined and ordered as follows:
That there is sufficient money in the District‘s fund balance to cover the cost 1.
of all maintenance and services to be performed within the next fiscal year.
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as shown in Attachment “A.“
That the annual levy of assessments for the next fiscal year (2003-2004) is
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MAINTENANCE WORK
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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. 1
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,
2003.
Ill
Ill
Ill
Ill I
Page 2 of 3 of Resolution No. 2003-177
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ASSESSMENT COLLECTION.
SECTION 6. That the above confirmed and levied annual assessment shall be collected
It 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
ield on the 8th day of JULY , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ATTEST
(SEAL)
Page 3 of 3 of Resolution No. 2003-177
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT ROLL
Fiscal Year 2003-04
Attachment A
I TOTALI $ 27.00
' Zero value parcel - forced on tax roll
Assmt Roll FY 2003-04 Attachment A - Annual Report.xls -- _I
06/23/2003
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