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HomeMy WebLinkAbout2011-06-28; City Council; 20602; BUENA VISTA CHANNEL ANNUAL ASSESSMENTSCITY OF CARLSBAD - AGENDA BILL 1 AB# MTG. DEPT. 20,602 6/28/11 FIN BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS DEPT. DIRE<rrORj^b CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2011-149 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 2010-11, 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 CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D 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 seven 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 2011-12 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 2011-12 includes exotic plant removal and the removal of cattails from one-fifth of the north side of the channel. The Fiscal Year 2011-12 budget for the District is $293,511. This amount will be funded with the annual assessments, interest earnings, and previously accumulated fund balances. The projected fund balance at the end of Fiscal Year 2010-11 is approximately $1.28 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. Additionally, a portion of this fund balance will be used to help fund the environmental documentation and re-permitting work taking place during Fiscal Year 2011-12. 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. 2011-149 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area No. 1. 3. Assessment Roll 4. Buena Vista Creek Channel Maintenance District Diagram Exhibit 1 Buena Vista Creek Channel Maintenance District for Fiscal Year 2011-12 PACIFIC OCEAN Buena Vista Creek Channel Maintenance District - Benefit Area 1 Exhibit 2 1 RESOLUTION NO. 2011-149 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 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 boundaries 24 of the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries 2Q of Benefit Area No. 1. 27 28 Exhibit 2 1 ASSESSMENTS 2 SECTION 3. That it is hereby determined and ordered as follows: 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 (2011-12), 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 Q assessment and it is herby further determined that the cost of the work can bey 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 24 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 r Exhibit 2 1 1. Deliver the Annual Report and Levy of the Engineer consisting of 2 the assessment roll and diagram to the Utilities Director of the City of Carlsbad, and o 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 be8 Q immediately filed with the County Auditor, said filing to be completed no later thany 10 August 10, 2011. 11 ASSESSMENT COLLECTION 12 SECTIONS. That the above confirmed and levied annual assessment 13 shall be collected at the same time and in the same manner as general County 14 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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 28th day of June 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. MATTUHALL, Mayor ATTEST: IJtMJAUU (SEAL) INE M. WOOD, City Clerk 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. Macys 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 Crown Jewel Properties Crown Jewel Properties ' 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: C/7T 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-UAINT2.DWG A 4k" '' C ' T Y ° F CARLSBAD Office of the City Clerk www.carlsbadca.go\ June 29, 2011 City Engineer City of Oceanside 300 North Coast Highway Oceanside, CA 92054 To Whom It May Concern - Enclosed are copies of the assessment roll, diagram, and resolution from the June 28, 2011 Carlsbad City Council meeting approving the annual assessment levies for the City of Carlsbad's Buena Vista Creek Channel Maintenance District. If you have any questions, please contact Aaron Beanan, Senior Accountant, City of Carlsbad Finance Department, 760-602-2414. SHERRY-FfiEISINGER Senior Deputy Clerk $*%. Records Management 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2808 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 copies with the original ASSESSMENT ROLL and DIAGRAM FOR BENEFIT AREA NO. 1 - BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT, with the originals 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 29TH day of June 2011. / // c FREISINGEB DEPUQJ CLERK