HomeMy WebLinkAbout2015-07-14; City Council; 22026; Buena Vista Channel Mainenance District Annual AssessmentsCITY OF CARLSBAD - AGENDA BILL
AB# 22,026
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ANNUAL ASSESSMENTS
DEPT. DIRECTOR ^^/j^
DATE 07/14/15 BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ANNUAL ASSESSMENTS
CITY ATTY. j^-^l
DEPT. ASD/FIN
BUENA VISTA CHANNEL MAINTENANCE DISTRICT
ANNUAL ASSESSMENTS
CITY MGR.
RECOMMENDED ACTION:
Adopt Resolution No. 2015-182 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 1989 according to the
provisions ofthe 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 forthe ongoing maintenance program costs ofthe channel.
The maintenance program is administered by city staff. For the last ten years, 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 ofthe vegetation in one fifth ofthe 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. Forthe duration ofthe existing PEIR, which
was ten years, no work had occurred in the portion that is within the California Coastal Zone. Over the
last 11 years the vegetation removal has provided the necessary flow capacity to be consistent with the
goals ofthe District.
Prior to the certification ofthe PEIR, maintenance work was completed on an as-needed basis and two
major dredging projects were completed in May 1993 and March 1997. Surveys ofthe 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 ofthe vegetation will preserve
the integrity ofthe channel as a flood control corridor.
DEPARTMENT CONTACT: Roxanne Muhlmelster 760-602-2417 roxanne.muhlmelster@carlsbadca.gov
FOR CLERK USE.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED • REPORT RECEIVED •
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Buena Vista Channel Assessments
7/14/2015
Page 2 of 3
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 often years and expired August 2013.
The city updated the PEIR in order to initiate 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
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 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 north side ofthe 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.
Current Status:
During Fiscal Year 2014-15, assessment funds were spent for permit compliance, environmental
mitigation and routine maintenance. Staff has evaluated the existing fund balance ofthe 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 11 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
2015-16 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 2015-16 budget for the District is $110,400. This
amount will be funded with the annual assessments and previous interest earnings.
The projected fund balance at the end of Fiscal Year 2014-15 is approximately $1.3 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:
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has no potential to cause either a direct physical change in the environment,
or a reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
Buena Vista Channel Assessments
7/14/2015
Page 3 of 3
EXHIBITS:
1. Location Map.
2. Resolution No. 2015-182 adopting annual benefit assessments for Buena Vista
Channel Maintenance District Benefit Area No. 1.
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PACIFIC OCEAN
EXHIBIT 2
1 RESOLUTION NO. 2015-182
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR THE
BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA
4 NO. 1
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^ WHEREAS, the City Council of the City of Carlsbad, California, formed the Buena
7 Vista Channel Maintenance District Benefit Area No. 1 (District) in 1989 pursuant to the
8 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
14 assessments, and is ready to proceed to levy the annual assessments on each parcel of
15 benefiting property within the boundaries ofthe 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
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22 of benefit designated as Benefit Area No. 1, and as shown in Attachment "B"
22 attached hereto, are still determined to be the properties benefiting from the
23 proposed works of maintenance, said properties lying within the boundaries of the
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cities of Oceanside and Carlsbad. No changes are proposed in the boundaries of
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Benefit Area No. 1.
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1 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
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next fiscal year (2015-16), as shown in Attachment "A".
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4. That it is further determined that as applicable the costs of the work and services
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, may be greater than can conveniently be raised from a single annual assessment 6
7 and it is hereby further determined that the cost of the work can be collected over
8 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
14 environmental studies; the processing of required governmental and agency
15 permits; the removal and disposal of sediment, vegetation, and other debris;
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2Q (b) The proposed work will consist of a yearly clearing program of the channel
21 area based on the certified Program Environmental Impact Report and
22 Supplemental Environmental Impact Report for the Buena Vista Channel
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6. That the above-referenced diagram and assessment shall be filed in the office ofthe
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City Clerk, with a certified copy to be filed in the office of the Finance Department.
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the implementation of required mitigation measures; and all other works of
maintenance, said work to be performed within the cities of Oceanside and
Carisbad.
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Said 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 ofthe assessments.
10. That the assessments as above authorized and levied will provide revenue and relate
to the fiscal year commencing July 1, 2015 and ending June 30, 2016.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carisbad on the 14**^ day of July, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON,^^ty Clerk
(SEAL) .0^2?^^?.^^ o>.
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2015-16
APN ACREAGE PERCENT ASSESSMENT OWNER
156-301-07 1.39 5.867% $ 3,185.50 Plaza Camino Real
156-301-08 0.72 3.039% $ 1,650.04 MSC LLC
156-301-09 2.37 10.004% $ 5,431.39 Sears Roebuck & Co / Plaza Camino Real
156-301-12 0.33 1.393% $ 756.27 Plaza Camino Real
156-302-05 0.28 1.182% $ 641.68 Plaza Camino Real
156-302-06 0.78 3.293% $ 1,787.55 SMBG Leasing & Finance, Inc
156-302-07 0.44 1.857% $ 1,008.36 Western Properties LLC / Plaza Camino Real
156-302-08 2.10 8.864% $ 4,812.63 Cmf Per LLC
156-302-09 4.26 17.982% $ 9,762.75 Plaza Camino Real
156-302-10 2.20 9.287% $ 5,041.80 JC Penney Properties, LLC
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 Plaza Camino Real
156-302-19 0.15 0.633% $ 343.76 Plaza Camino Real
156-302-20 0.32 1.351% $ 733.35 Plaza Camino Real
156-302-21 0.07 0.295% $ 160.42 Plaza Camino Real
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 Plaza Camino Real
156-302-30 3.35 14.141% $ 7.677.28 Plaza Camino Real
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 Vista Way & 78 LLC
Sub Total 1.04 100.000% $ 1,468.00
156-301-16 19.51 60.855% $ 26,922.70 Pk 1 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 32.06 100.0000% $ 44,241.00
TOTAL 56.79 100% $ 100,000.00