HomeMy WebLinkAbout2010-06-22; City Council; 20268; Buena Vista Channel maintenance districtCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20,268
6/22/10
FIN
BUENA VISTA CHANNEL
MAINTENANCE DISTRICT ANNUAL
ASSESSMENTS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER 'fo
RECOMMENDED ACTION:
Adopt Resolution No. 2010-150 > 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.
A Program Environmental Impact Report (PEIR) was certified by the City Council on August 5,
2003 (AB 17,263). This document provided environmental review and supported permitting
requirements for a ten-year maintenance and monitoring program. The general program for
maintenance requires the clearing of 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. Initiated in 2003, the City has completed
six complete maintenance and monitoring cycles under the ten-year program.
Current Status:
During Fiscal Year 2009-10, assessment funds were spent for permit compliance,
environmental mitigation, and routine maintenance. Staff has evaluated the existing fund
DEPARTMENT CONTACT: Aaron Beanan 760-602-2430 aaron.beanan@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
*
D
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
D
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D
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Page 2
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 six fiscal years. 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 2010-11 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 Fiscal
Year 2010-11 includes exotic plant removal and the removal of cattails from one-fifth of the
north side of the channel. The Fiscal Year 2010-11 budget for the District is $103,540. This
amount will be funded with the annual assessments and interest earnings.
The projected fund balance at the end of Fiscal Year 2009-10 is approximately $1.2 million.
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 project is statutorily exempt from environmental review pursuant to Section 15273 (a)(4) of
the California Environmental Quality Act (CEQA) Guidelines. CEQA Guidelines Section 15273
(a)(4) states that CEQA does not apply to the establishment, modification, structuring,
restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the
public agency finds are for the purpose of obtaining funds for capital projects, necessary to
maintain service within existing service areas.
EXHIBITS:
1. Location Map.
2. Resolution No. 2010-150 t adopting annual benefit assessments for Buena Vista
Channel Maintenance District Benefit Area No. 1.
2.
LOCATION MAP
CONCRETE LINED CHANNEL
MAINTAINED BY CITY
CITY OF OCEANSIDE
CITY OF CARLSBAD
BUENA VISTA CREEK CHANNEL
MAINTENANCE DISTRICT
LEGEND:
AREA OF CHANNEL TO RECEIVE
CLEARING OF OVERGROWTH
AREA OF CHANNEL NOT
CLEANED
SITE
VICINITY
MAP
NOT TO
SCALE
NOT TO SCALE
PROJECT NAME BUENA VISTA CHANNEL
MAINTENANCE DISTRICT
EXHIBIT
1
BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 5/07/02 C:\CAPITAL\HOWARD\pVC-UMNWW;
Exhibit 2
1 RESOLUTION NO. 2010-150
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
3 ANNUAL BENEFIT ASSESSMENTS FOR THE
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
BENEFIT AREA NO. 1
5
6 WHEREAS, the City Council of the City of Carlsbad, California, formed the
7 Buena Vista Channel Maintenance District Benefit Area No. 1 ("District") in 1989
8 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,
10 et. seq.), which does not require a public hearing; and
11
WHEREAS, at this time the City Council is satisfied with the District Annual
12
Report as submitted and attached hereto as Attachments A and B for the levy of the
13
benefit assessments, and is ready to proceed to levy the annual assessments on each
15 parcel of benefiting property within the boundaries of the District.
16 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
17 RECITALS
18 SECTION 1. The above recitals are true and correct.
19 BOUNDARIES
20 SECTION 2. That the boundaries and parcels as originally approved and shown
21
within the area of benefit designated as Benefit Area No. 1, and as shown in
22
Attachment "B" attached hereto, are still determined to be the properties benefiting
23
from the proposed works of maintenance, said properties lying within the boundaries24
of the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries
26 of Benefit Area No. 1.
27
28
H
Exhibit 2
1 ASSESSMENTS
2 SECTION 3. That it is hereby determined and ordered as follows:
o 1. That the annual levy of assessment for the maintenance and/or
4 servicing of the improvements are hereby confirmed and levied for the next fiscal year
5
(2010-11), as shown in Attachment "A".
6
2. That it is further determined that as applicable the costs of the work
7
and services may be greater than can conveniently be raised from a single annual8
g assessment and it is herby further determined that the cost of the work can be
10 collected over a period of years.
11 MAINTENANCE WORK
12 SECTION 4. That the works of maintenance to be performed are generally
13 described as follows:
14 All necessary work and services for the maintenance and drainage of the Buena
15 Vista Creek Channel between Jefferson Street and El Camino Real, including the
16
preparation of plans and specifications; preparation of environmental studies; the
17
processing of required governmental and agency permits; the removal and disposal of
18
sediment, vegetation, and other debris; the implementation of required mitigationi y
20 measures; and all other works of maintenance, said work to be performed within the
21 cities of Oceanside and Carlsbad.
22 The proposed work will consist of a yearly clearing program of the channel area
23 based on the certified Program Environmental Impact Report for the Buena Vista
Channel prepared by Dudek and Associates.
25 NOTICE
26
SECTION 5. That immediately upon the adoption of this Resolution, the City
27
Clerk shall cause notice to be given in the following manner:
28
1
2
3 said Utilities Director shall immediately place for record said assessment roll and
4 diagram in a suitable file as a permanent record.
5
2. Cause a certified copy of the assessment roll and diagram to be
6
immediately filed with the City Engineer of the City of Oceanside.
7
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 thang
10
11
12
Exhibit 2
1 . Deliver the Annual Report and Levy of the Engineer consisting of
the assessment roll and diagram to the Utilities Director of the City of Carlsbad, and
August 10, 2010.
ASSESSMENT COLLECTION
SECTION 6. That the above confirmed and levied annual assessment
shall be collected at the same time and in the same manner as general County
14
13
property taxes are collected and all laws providing for that collection and enforcement
15 of these assessments.
16
17
18
19
20
21
22
23
24
25
26 "
27 "
28 "
1
2
3
4
5
6
7
8
9
10
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 22nd day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, and Blackburn.
NOES: None.
ABSENT: Council Member Packard.
ATTEST:
(SEAL)
D, City Clerk Q
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
156-302-09
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
160.42
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
Western Properties LLC / Plaza Camino Real
Cmf Per LLC
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
Chasm Entertainment Inc
Carter Hawley Hale Stores, Inc.
Plaza Camino Real
Plaza Camino Real
Crmad Properties LLC
Allen Bayrooti
Vista Way & 78 LLC
Pk I North County Plaza
90% MONIOS NICK*MMSO 10% ELEOPOULOS JAMES
Cal Jems Trust
' Zero value parcel - forced on tax roll
DIAGRAM FOR BENEFIT AREA NO. 1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
CITY OF CARLSBAD, STATE OF CALIFORNIA
NOT TO SCALE
LEGEND:
CUY 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\HOWARO\BVC-MAINT2.DWG
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2010-150. 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 NQ. 1. with the original now on file in the Office of the City Clerk of
the City of Carlsbad; that the same contains a full, true and correct transcript
therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 23rd day of
June, 2010.
CHERRY FREI&NGER
DEPUTY CLERK
(SEAL)