HomeMy WebLinkAbout2012-06-26; City Council; 20945; Buena Vista Channel Maintenance District Annual AssessmentsCITY OF CARLSBAD - AGENDA BILL
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DEPT.
20,945
6/26/12
FIN
BUENA VISTA CHANNEL
MAINTENANCE DISTRICT ANNUAL
ASSESSMENTS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER ^(/^^
RECOMMENDED ACTION:
Adopt Resolution No. 2012-149 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, ail owners within the District boundary were notified of the pending District
formation and no objections were received.
The maintenance program is administered by City staff and consists of the removal of
vegetation and other debris within the constraints of the permits from the California Department
of Fish and Game (CDFG) 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 a permit from the US Army Corps of Engineers or the
Regional Water Quality Control Board. The CDFG requires a Lake and Streambed Alteration
Agreement. For the duration of the existing PEIR, which is ten years, no work has occurred in
the portion that is within the California Coastal Zone. Over the last eight years 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 and 2008. 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: Aaron Beanan 760-602-2430 aaron.beanan(a)carlsbadca.qov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
Continued maintenance of the channel is required for flood control purposes. Flood
improvement measures are required to protect the existing District properties from the 100 year
storm event. The environmental document approved by City Council is for a period of ten years
and will expire in August 2013. The city is required to update the PEIR in order to initiate the
permitting process.
The PEIR was certified for a ten year period. For continued CEQA compliance, the City has
initiated the preparation of a Supplemental Environmental Impact Report (SEIR). The PEIR was
adopted prior to AB 32, the Global Warming Solutions Act; therefore, the supplemental EIR will
need to address GHG emissions. The Agricultural section will need to be revised to include a
Forestry Resources Analysis. The City of Carlsbad adopted the Habitat Management Plan
(HMP) in 2004. The supplemental document will need to address the HMP as well as
Oceanside's Subarea Plan. Biological mapping, including a wetland delineation; focused bird
surveys; and focused rare plant surveys and reporting are required.
The SEIR proposes to continue the current maintenance program and add the portion of the
creek within the Coastal Zone. The current maintenance program requires the clearing of the
vegetation on the northside 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. The addition of the creek within the Coastal Zone will require a permit
from the California Coastal Commission in addition to the Lake and Streambed Alteration
Agreement form the California Department of Fish and Game.
Current Status:
During Fiscal Year 2011-12, assessment funds were spent for permit compliance,
environmental mitigation, routine maintenance and initiation of the SEIR process for continued
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 eight fiscal years. The original and current fomnulated
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 2012-13 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 2012-13 includes exotic plant removal and the removal of cattails from one-fifth of the
north side of the channel. The Fiscal Year 2012-13 budget for the District is $133,230. 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 2011-12 is approximately $1.1 million.
This fund balance will be used to cover future annual operating deficits, which are projected to
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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 2012-13. 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. 2012-149 adopting annual benefit assessments for Buena Vista
Channel Maintenance District Benefit Area No. 1.
Exhibit 1
PACIFIC OCEAN
f -X Mair
/ 1>X for Fi
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Buena Vista Creek Channel
Maintenance District
for Fiscal Year 2012-13
Legend
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Miles
Map created by Ihe Ctty of Carlsbad GIS.
Buena Vista Creek Channel
Maintenance District - Benefit Area 1
^
Exhibit 2
1 RESOLUTION NO. 2012-149
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
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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,
et. seq.), which does not require a public hearing; and
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, and is ready to proceed to levy the annual assessments on each
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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.
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 maintenance, said properties lying within the boundaries
of the cities of Oceanside and Carlsbad. No changes are proposed in the boundaries
26 of Benefit Area No. 1
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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
servicing of the improvements are hereby confirmed and levied for the next fiscal year
(2012-13), as shown in Attachment "A".
2. 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
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
^ '^ described as follows:
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
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.
NOTICE
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SECTION 5. That immediately upon the adoption of this Resolution, the City
Clerk shall cause notice to be given In the following manner:
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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
said Utilities Director shall immediately place for record said assessment roll and
diagram in a suitable file as a permanent record.
2. Cause a certified copy of the assessment roll and diagram to be
immediately filed with the City Engineer of the City of Oceanside.
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 than
August 10, 2012.
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
property taxes are collected and all laws providing for that collection and enforcement
of these assessments.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26*"^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
INE M. WOOD, City Clerk
(SEAL)
>• ...... ••.H<» <
Attachment A
APN ASSESSMENT
156-301-07 $ 3,185.50
156-301-08 $ 1,650.04
156-301-09 $ 5,431.39
156-301-12 $ 756.27
156-302-05* $ 641.68
156-302-06 $ 1,787.55
156-302-07 $ 1,008.36
156-302-08 $ 4,812.63
156-302-09 $ 9,762.75
156-302-10 $ 5,041.80
156-302-12 $ 366.68
156-302-15 $ 2,131.31
156-302-16 $ 1,375.04
156-302-18 $ 137.50
156-302-19 $ 343.76
156-302-20 $ 733.35
156-302-21 $ 160.42
156-302-22 $ 1,329.20
156-302-26 $ 1,902.13
156-302-27 $ 4,056.36
156-302-30* $ 7.677.28
Sub Total $ 54,291.00
156-302-02 $ 818.69
156-302-03 $ 310.54
156-302-04 $ 338.77
Sub Total $ 1,468.00
156-301-16 $ 26,922.70
156-301-17 $ 3,684.45
165-120-56 $ 13.633.85
Sub Total $ 44,241.00
TOTAL $ 100,000.00
Zero value parcel - forced on tax roll
NOT TO SCALE
LEGEND:
DIAGRAM FOR BENEFIT AREA NO. 1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
CITY OF CARLSBAD, STATE OF CALIFORNIA
CITY BOUNDARY
DISTRICT BOUNDARY
PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN
DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 12/4/01 C: \CAPITAL\H0WARD\BVC-UAINT2.DWG
ATTACHMENTS
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