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HomeMy WebLinkAbout2006-06-13; City Council; 18596; Buena Vista Channel Maintenance DistrictCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 18,596 6-13-06 FINANCE BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No.2006-151 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 1989-90 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 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 16 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 2005-06, 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 2006-07 is for 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 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 2006-07 Fiscal Year includes exotic plant removal and the removal of cattails from one-fifth of the north side of the channel. The 2006-07 budget for the district is $96,500, which will be funded with the annual assessments. The projected fund balance at the end of the 2005-06 Fiscal Year is $895,000. 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 upcoming years, as well as any dredging that may be required to be performed in the future. 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. ENVIRONMENTAL IMPACT: 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. EXHIBITS: 1. Location Map. 2. Resolution No. 2006-151 ( 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 FOR CITY CLERKS USE ONL Y. . COUNCIL APPROVED Ei CONTINUED TO DATE D ACTION: / SPECIFIC _ DENIED D CONTINUED TO DATE D UNKNOWN CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER - SEE MINUTES D AMENDED D Page 2 LOCATION MAP CONCRETE LINED CHANNEL MAINTAINED BY CITY CITYOFOCEANSJpE CITY OF CARLSBAD BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT LEGEND: AREA OF CHANNEL TO RECEIVE CLEARING OF OVERGROWTH AREA OF CHANNEL NOT CLEANED SITE NOT TO SCALE PROJECT NAME BUENA VISTA CHANNEL MAINTENANCE DISTRICT BY: SCOn EVANS. CAKLSBAD ENGINEERING KPT. 5/07/02 C:\CAPITAL\HOWARD\BVC-UAINT.DWG Exhibit 2 1 RESOLUTION NO. 2006-151 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL 4 MAINTENANCE DISTRICT BENEFIT AREA NO. 1 5 6 WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena Vista 7 Channel Maintenance District ("District") in 1989 pursuant to the petition of the property owners 8 within the District and the terms and provisions of the Benefit Assessment Act of 1982, 9 (Government Code Section 54703, et. seq.), which does not require a public hearing; and 10 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, 12 and is ready to proceed to levy the annual assessments on each parcel of benefiting property 13 within the boundaries of the District. 14 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 15 RECITALS 16 SECTION 1. The above recitals are true and correct. 17 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 21 maintenance, said properties lying within the boundaries of the cities of Oceanside and 22 Carlsbad. No changes are proposed in the boundaries of Benefit Area No. 1. 23 ASSESSMENTS 24 SECTION 3. That it is hereby determined and ordered as follows: 25 1. That the annual levy of assessment for the maintenance and/or servicing of 2fi the improvements are hereby confirmed and levied for the next fiscal year (2006-07), as shown 27 in Attachment "A". 28 Exhibit 2 1 2. That it is further determined that as applicable the costs of the work and 2 services may be greater than can conveniently be raised from a single annual assessment and 3 it is herby further determined that the cost of the work can be collected over a period of years. 4 MAINTENANCE WORK 5 SECTION 4. That the works of maintenance to be performed are generally described as 6 follows: 7 All necessary work and services for the maintenance and drainage of the Buena Vista 8 Creek Channel between Jefferson Street and El Camino Real, including the preparation of plans 9 and specifications; preparation of environmental studies; the processing of required 10 governmental and agency permits; the removal and disposal of sediment, vegetation, and other 11 debris; the implementation of required mitigation measures; and all other works of maintenance, 12 said work to be performed within the cities of Oceanside and Carlsbad. 13 The proposed work will consist of a yearly clearing program of the channel area upon 14 certification of the Program Environmental Impact Report for the Buena Vista Channel prepared by Dudek and Associates. 16 NOTICE 17 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 20 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 22 suitable file as a permanent record. 2. Cause a certified copy of the assessment roll and diagram to be 24 immediately filed with the City Engineer of the City of Oceanside. oc 3. Cause a certified copy of the assessment roll and diagram to be PR immediately filed with the County Auditor, said filing to be completed no later than August 10, 27 2006. 28 Exhibit 2 1 2 ASSESSMENT COLLECTION 3 SECTION 6. That the above confirmed and levied annual assessment shall be collected 4 at the same time and in the same manner as general County property taxes are collected and all 5 laws providing for that collection and enforcement of these assessments. 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 „ 14 // 15 // 16 // 17 // 18 19 20 21 22 23 24 25 26 " 27 " 28 " 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 Exhibit 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 13th day of June , 2006 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (SEAL) ATTACHMENT A APN 156-301-07 156-301-08 156-301-09 156-301-12 156-302-05 156-302-06 156-302-07 156-302-08 1 56-302-09 156-302-10 156-302-12 156-302-15 156-302-16 156-302-18 156-302-19 156-302-20 156-302-21 156-302-22 156-302-26 156-302-27 156-302-30* Sub Total 156-302-02 156-302-03 156-302-04 Sub Total 156-301-16 156-301-17 165-120-56 Sub Total TOTAL ASSESSMENT $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 3,185.50 1 ,650.04 5,431.39 756.27 641.68 1 ,787.55 1 ,008.36 4,812.63 9,762.75 5,041.80 366.68 2,131.31 1 ,375.04 137.50 343.76 733.35 1 60.42 1,329.20 1,902.13 4,056.36 $ 7,677.28 $54,291.00 $ $ 818.69 310.54 $ 338.77 $1 ,468.00 $ $ 26,922.70 3,684.45 $ 13.633.85 $44,241 .00 $100,000.00 OWNER Plaza Camino Real Carter Hawley Hale Stores, Inc. Plaza Camino Real Plaza Camino Real Plaza Camino Real New Marjoram Associates El Toro Associates The May Department Stores Co. Plaza Camino Real New Marjoram Associates Carter Hawley Hale Stores, Inc. Macy's Primary Real Estate, Inc. Macy's Primary Real Estate, Inc. Plaza Camino Real Plaza Camino Real Plaza Camino Real Plaza Camino Real Plaza Camino Real Carter Hawley Hale Stores, Inc. Plaza Camino Real Plaza Camino Real Crmad Properties LLC Warner Laura B Trust Vista Way & 78 LLC Pan Pacific Retail Properties Hughes North County Associates II Hughes North County Associates II ' Zero value parcel - forced on tax roll CQ 1s^c OC/5 03 O OQQ 3 55 COS \ § I '? *-•<D