HomeMy WebLinkAbout2005-06-14; City Council; 18164; Buena Vista Channel Maintenance DistrictCITY OF CARLSBAD -AGENDA BILL
MTG. 6-14-05
DEPT. FINANCE
AB#
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ANNUAL ASSESSMENTS
18.164
CITY ATTY.
RECOMMENDED ACTION:
Adopt Resolution No.
Vista Channel Maintenance District Benefit Area No. 1.
2005-187 , adopting annual benefit assessments for Buena
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 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.
Current Status:
Since the District was first formed 14 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 limit the permitting from numerous agencies and to minimize
significant environmental impacts.
During fiscal year 2004-05, 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 kept at a total collection amount of $100,000, at
the same parcel assessment rates as last fiscal year. The original and current formulated
amount for the assessments is based on acreage.
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 2005-06 is for Council to approve the attached resolution
adopting the annual benefit assessments.
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PAGE 2 OF AGENDA BILL NO. 18,164
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
2005-06 fiscal year includes exotic plant removal and the removal of cattails from one-fifth
of the north side of the channel. The 2005-06 budget for the District is $104,600, which will
be funded with $100,000 in assessments as well as existing fund balances and interest
earnings.
The projected fund balance at the end of the 2004-05 fiscal year is $808,000. 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 three 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. 2005-787 , adopting annual benefit assessments for Buena Vista
Channel Maintenance District Benefit Area No. 1.
DEPARTMENT CONTACT: Kevin Branca; (760) 602-2430; kbran@ci.carlsbad.ca.us
LOCATION MAP
CONCRETE LINED CHANNEL MAINTAINED BY CITY
BUENA VISTA CREEK CHANNEL MAINTENANCE DIS TRlCT
LEGEND:
AREA OF CHANNEL TO RECEIVE
CLEARING OF OVERGROWTH CIW OC OCfANSIDf
n
NOT TO SCALE
EXHIBIT 7 BUENA VISTA CHANNEL MAINTENANCE DIS TRlC T
PROJECT NAME
Im Br: SCOTT EVANS, CARLSAD ENGINEERING OEPK 5/07/02 c: \CAP~TAL\HOWARD\SVC-UAINT.D~:
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Exhibit 2
RESOLUTION NO. 2005-187
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
SECTION 3. 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 (2005-06), as shown
in Attachment “A.
1.
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Exhibit 2
2. That it is further determined that as applicable the costs of the work and
services may be greater than can conveniently be raised from a single annual assessment and
it is herby further determined that the cost of the work can be collected over a period of years.
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 10,
2005.
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SECTlOr
Exhibit 2
ASSESSMENT COLLECTION
6. That the above confirmed and levied annual as,,,,m t shall be collect 3
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 14th day of JUNE , 2005 by the following
vote, to wit:
AYES: Council Members Hall, Packard, Sigafoose
NOES: None
ABSENT: Council Members Lewis, Kulchin
CLAUDE %$I,!? A. L WIS, Mayor
Mayuor Pro Tem Matt -Hall
ATTEST:
- (SEAL)
ANNUAL REPORT
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ASSESSMENT ROLL
Fiscal Year 2005-06
Sub Total
156-302-02
156-302-03
Attachment A
$ 54,291 .OO
$ 818.69 Crmad Properties LLC
$ 310.54 Warner Laura B Trust
156-301 -1 6
156-301 -1 7
1 65- 1 20-56
$ 26,922.70 Pan Pacific Retail Properties
$ 3,684.45 Hughes North County Associates II
$ 13.633.85 Huahes North Countv Associates It
Sub Total] $ 44,241 .OO 1 I TOTALI $ ~oo,ooo.oo
* Zero value parcel - forced on tax roll
bvc Asmt Roll.xls 05/31/2005 7
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