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.
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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
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