HomeMy WebLinkAbout2016-07-12; City Council; 22339; Adopt Resolution for annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1AB# 22,339
DATE 07/12/16
DEPT. ASD/FIN
CITY OF CARLSBAD-AGENDA BILL
ADOPT RESOLUTION FOR THE ANNUAL LEVY OF BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL
MAINTENANCE DISTRICT BENEFIT AREA NO. 1
RECOMMENDED ACTION:
Adopt a Resolution for the annual levy of 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 1989 according to the
provisions of the Benefit Assessment Act of 1982. The formation was requested by the affected property
owners 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. Yearly assessments collected from the property owners in the District
are used to pay for the ongoing maintenance program costs of the channel.
The maintenance program is administered by city staff. From 2003 to 2013, the maintenance program
performed removal of vegetation and other debris within the constraints of the permits from the
California Department of Fish and Wildlife (CDFW) and the approved Program Environmental Impact
Report (PEIR). The PEIR was adopted by City Council on August 5, 2003. The preferred alternative
identified in the PEIR, was to perform hand removal of the vegetation in one fifth of the northern half of
the channel each year based on a five year rotation. This method of maintenance is preferred by the
agencies because it does not require dredging. Avoiding disturbance of the channel bottom does not
require a permit from the US Army Corps of Engineers or the Regional Water Quality Control Board. The
CDFW requires a Lake and Streambed Alteration Agreement. For the duration of the existing PEIR, which
was ten years, no work had occurred in the portion that is within the California Coastal Zone. The
vegetation removal has provided the necessary flow capacity to be consistent with the goals of the
District.
Prior to the certification of the PEIR, maintenance work was completed on an as-needed basis and two
major dredging projects were completed in May 1993 and March 1997. Surveys of the channel bottom
were conducted in 2000, 2004, 2008 and 2012. The surveys indicate there has been no appreciable
sediment buildup. There has been substantial vegetation growth. The vegetation in the channel grows up
and dies once a year and is replaced with new vegetation each year. The result of this cycle is a mat of
vegetation that has the potential to impede storm flows. Regular removal of the vegetation will preserve
the integrity of the channel as a flood control corridor.
DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2417 roxanne.muhlmeister@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED ~ CONTINUED TO DATE SPECIFIC D
DENIED CONTINUED TO DATE UNKNOWN D
CONTINUED D RETURNED TO STAFF D
WITHDRAWN D OTHER-SEE MINUTES D
AMENDED D REPORT RECEIVED D
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Item#1-AB#22,339 July 12, 2016 Page 1 of 10
Buena Vista Channel Assessments
7/12/2016
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Continued maintenance of the channel is required for flood control purposes. Flood improvement
measures are required to protect the existing District properties from a major storm event. The
environmental document approved by City Council is for a period of ten years and expired August 2013.
The permit from the CDFW expired as well. The city updated the PEIR in order to support the permitting
process.
City staff met with representatives of the California Coastal Commission and it was agreed there is a
benefit to the Buena Vista Creek and Lagoon system to include the portion of the District within the
Coastal Zone in the current maintenance program.
For continued CEQA compliance, the city prepared a Supplemental Environmental Impact Report (SEIR).
City Council certified the SEIR on June 11, 2013. The SEIR covers the current maintenance program and
adds the portion of the creek within the Coastal Zone. The current maintenance program requires the
clearing of the vegetation on the north side of the creek in segmented intervals. This concept was
designed with input from various resource agencies so as not to invoke numerous permits or cause
significant impacts. Staff has received permits from the California Coastal Commission and the California
Department of Fish and Wildlife to continue maintenance activities in the channel.
Two of the lots within the District are in the process of obtaining development permits from the cities of
Oceanside and Carlsbad. The development process requires various surveys for endangered species. Two
endangered species have been identified within the portion of the channel that is maintained by the
District. One species, the endangered least Bell's vireo, is a migratory song-bird and the project has been
developed to avoid working in the area during the breeding season and is in compliance with resource
agency permits. In 2015, surveys found a breeding pair of endangered light footed Ridgway rail. The rail
does not migrate. In compliance with project permits, staff met with the U.S. Fish & Wildlife Service and
agreed to modify annual impact areas to accommodate the endangered rail. Additionally, the District will
monitor for the rail and provide the data with the annual report.
During Fiscal Year 2015-16, assessment funds were spent for permit compliance, environmental
mitigation and routine 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 the previous 12 fiscal years. The original and current formulated spread for the
assessments is based each owner's proportion of property located within the channel.
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
2016-17 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. The Fiscal Year 2016-17 budget for the District is $186,400. This
amount will be funded with the annual assessments, previous interest earnings and accumulated fund
balances.
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Buena Vista Channel Assessments
7/12/2016
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The projected cash balance for the District at the end of Fiscal Year 2015-16 is approximately $1.2 million.
This fund balance will be used to cover future potential annual operating deficits as well as any large scale
dredging that may be required to be performed in the future.
ENVIRONMENTAL IMPACT:
The annual levy of benefit assessments is considered part of the maintenance program covered by the
Council-certified SEIR. Therefore, no further CEQA compliance is necessary.
EXHIBITS:
1. Location Map.
2. A Resolution for the annual levy of benefit assessments for Buena Vista Channel Maintenance
District Benefit Area No. 1.
Item#1-AB#22,339 July 12, 2016 Page 3 of 10
Exhibit 1
PACIFIC OCEAN
-Buena Vista Creek Channel
Maintenance District-Benefit Area 1
0
Miles
Map created by the City of Carlsbad GIS. Item#1-AB#22,339 July 12, 2016 Page 4 of 10
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RESOLUTION NO. 2016-140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING THE ANNUAL LEVY OF BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE
DISTRICT BENEFIT AREA NO. 1
EXHIBIT 2
WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena
Vista Channel Maintenance District Benefit Area No. 1 (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.), which does not require a
public hearing; and
WHEREAS, at this time the City Council is satisfied with the listing of the Annual Benefit
Assessments 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, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
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.
Item#1-AB#22,339 July 12, 2016 Page 5 of 10
3. That it is determined 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 (2016-17), as shown in Attachment "A".
4. 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 hereby further determined that the cost of the work can be collected over
a period of years.
5. That the work of maintenance to be performed are generally described as follows:
(a) 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.
(b) The proposed work will consist of a yearly clearing program of the channel
area based on the certified Program Environmental Impact Report and
Supplemental Environmental Impact Report for the Buena Vista Channel.
6. That the above-referenced diagram and assessment shall be filed in the office of the
City Clerk, with a copy to be filed in the office of the Finance Department. Said
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diagram and assessment, and the certified copy thereof, shall be open for public
inspection.
7. That the City Clerk is hereby ordered and directed to file a certified copy of the
diagram and assessment with the County of San Diego Auditor. Said filing is to be
made no later than the third Monday in August, or as required by the County of San
Diego.
8. That the City Clerk is hereby ordered and directed to file a certified copy of the
diagram and assessment with the City Engineer of the City of Oceanside.
9. The assessments shall be collected at the same time and in the same manner as
County of San Diego taxes are collected, and all laws providing for the collection and
enforcement of County of San Diego taxes shall apply to the collection and
enforcement of the assessments.
10. That the assessments as above authorized and levied will provide revenue and relate
to the fiscal year commencing July 1, 2016 and ending June 30, 2017.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 12th of July, 2016, by the following vote to wit:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
(SEAL)
Item#1-AB#22,339 July 12, 2016 Page 8 of 10
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2016-17
APN ACREAGE PERCENT ASSESSMENT OWNER
156-301-07 1.39 5.867% $ 3,185.50 RPI Carlsbad LP
156-301-08 0.72 3.039% $ 1,650.04 MSC LLC
156-301-09 2.37 10.004% $ 5,431.39 Sears Roebuck & Cot RPI Carlsbad LP
156-301-12 0.33 1.393% $ 756.27 RPI Carlsbad LP
156-302-05 0.28 1.182% $ 641.68 Plaza Camino Real
156-302-06 0.78 3.293% $ 1,787.55 SMBC Leasing & Finance, Inc
156-302-07 0.44 1.857% $ 1,008.36 Western Properties LLC / RPI Carlsbad LP
156-302-09 4.26 17.982% $ 9,762.75 RPI Carlsbad LP
156-302-10 2.20 9.287% $ 5,041.80 JC Penney Properties Inc.
156-302-12 0.16 0.675% $ 366.68 MSC LLC
156-302-15 0.93 3.926% $ 2,131.31 Macy's Primary Real Estate, Inc.
156-302-16 0.60 2.533% $ 1,375.04 Macy's Primary Real Estate, Inc.
156-302-18 0.06 0.253% $ 137.50 RPI Carlsbad LP
156-302-19 0.15 0.633% $ 343.76 RPI Carlsbad LP
156-302-20 0.32 1.351% $ 733.35 RPI Carlsbad LP
156-302-21 0.07 0.295% $ 160.42 RPI Carlsbad LP
156-302-22 0.58 2.448% $ 1,329.20 Chasm Entertainment Inc
156-302-26 0.83 3.504% $ 1,902.13 MSC LLC
156-302-27 1.77 7.472% $ 4,056.36 RPI Carlsbad LP
156-302-30 3.35 14.141% $ 7,677.28 Plaza Camino Real
156-302-34 1.17 4.946% $ 2,685.16 RPI Carlsbad LP
156-302-35 0.93 3.919% $ 2,127.47 RPI Carlsbad LP
Sub Total 23.69 100.000% $ 54,291.00
156-302-02 0.58 55.769% $ 818.69 CRMAD Properties LLC
156-302-03 0.22 21.154% $ 310.54 Allen Bayrooti
156-302-04 0.24 23.077% $ 338.77 Kristine Peterson and Lorraine Peterson
Sub Total 1.04 100.000% $ 1,468.00
156-301-16 19.51 60.855% $ 26,922.70 Pk I North County Plaza
156-301-17 2.67 8.328% $ 3,684.45 Crown Jewel Properties LLC
165-120-56 9.88 30.817% $ 13,633.85 Crown Jewel Properties LLC
Sub Total 32.06 100.000% $ 44,241.00
TOTAL 56.79 100% $ 100,000.00
Item#1-AB#22,339 July 12, 2016 Page 9 of 10
DIAGRAM FOR BENEFIT AREA NO. 1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
CITY OF CARLSBAD, STATE OF CALIFORNIA
LEGEND:
CITY BOUNDARY
DISTRICT BOUNDARY
PERIODIC CLEANING OF OVERGROWTH
AND SILT WITHIN AREA SHOWN
ATTACHMENT B
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 12/4/01 C:\CAPITAL\HOWARD\BVC-MAINTZDWG
NOT TO SCALE
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