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HomeMy WebLinkAbout2013-07-09; City Council; 21288; Buena Vista Channel Maintenance Annual AssessmentsCITY OF CARLSBAD - AGENDA BILL 11 AB# MTG. DEPT. 21.288 07/09/13 FIN BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS DEPT. DIRECTOR CITY ATTORNEY ^ CITY MANAGER ^ RECOMMENDED ACTION: Adopt Resolution No. 2013-172 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 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 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 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 is ten years, no work has occurred in the portion that is within the California Coastal Zone. Over the last nine years the vegetation removal has provided the necessary flow capacity to be consistent with the goals of the 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 of the vegetation will preserve the integrity of the channel as a flood DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2430 roxanne.muhlmeister@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Page 2 control corridor. 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. For continued CEQA compliance, the City has 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 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. 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 from the CDFW. Current Status: During Fiscal Year 2012-13, assessment funds were spent for permit compliance, environmental mitigation, routine maintenance and initiation of the SEIR process for continued maintenance. The SEIR was certified by City Council June 11, 2013. 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 nine 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 2013-14 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 2013-14 includes exotic plant removal and the removal of cattails from one-fifth of the north side of the channel. The Fiscal Year 2013-14 budget for the District is $105,925. 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 2012-13 is approximately $1.1 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 2013-14. 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. Page 3 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. 2013-172 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area No. 1. 3 PACIFIC OCEAN Buena Vi||a Or^ek Channel Maintenance District for Fiscal Year 2013-14 Legend • Buena Vista Creek Channel Maintenance District - Benefit Area 1 Map crutad by the Crty or Cartibad OIS. M 9 10 11 12 13 14 15 Exhibit 2 1 RESOLUTION NO. 2013-172 2 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 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, 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 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 20 21 22 23 24 25 26 of Benefit Area No. 1. 27 28 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 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 (2013-14), 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 assessment and it is hereby 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 14 15 16 17 18 19 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 24 25 26 27 28 SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk shall cause notice to be given in the following manner: 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 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 ofthe City of Oceanside. 3. Cause a certified copy of the assessment roll and diagram to be 3 4 5 6 7 8 g immediately filed with the County Auditor, said filing to be completed no later than 10 August 10, 2013. 11 ASSESSMENT COLLECTION 12 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 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 28 " Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments FY 2013-14 Attachment A APN ASSESSMENT OWNER 156-301-07 $ 3,185.50 Plaza Camino Real 156-301-08 $ 1,650.04 Carter Hawley Hale Stores, Inc. 156-301-09 $ 5,431.39 Sears Roebuck & Co / Plaza Camino Real 156-301-12 $ 756.27 Plaza Camino Real 156-302-05* $ 641.68 Plaza Camino Real 156-302-06 $ 1,787.55 JC Penney Properties, LLC 156-302-07 $ 1,008.36 Western Properties LLC / Plaza Camino Real 156-302-08 $ 4,812.63 Cmf Per LLC 156-302-09 $ 9,762.75 Plaza Camino Real 156-302-10 $ 5,041.80 JC Penney Properties, LLC 156-302-12 $ 366.68 Carter Hawley Hale Stores, Inc. 156-302-15 $ 2,131.31 Macy's Primary Real Estate, Inc. 156-302-16 $ 1,375.04 Macy's Primary Real Estate, Inc. 156-302-18 $ 137.50 Plaza Camino Real 156-302-19 $ 343.76 Plaza Camino Real 156-302-20 $ 733.35 Plaza Camino Real 156-302-21 $ 160.42 Plaza Camino Real 156-302-22 $ 1,329.20 Chasm Entertainment Inc 156-302-26 $ 1,902.13 Carter Hawley Hale Stores, Inc. 156-302-27 $ 4,056.36 Plaza Camino Real 156-302-30* $ 7.677.28 Plaza Camino Real Sub Total $ 54,291.00 156-302-02 $ 818.69 Crmad Properties LLC 156-302-03 $ 310.54 Allen Bayrooti 156-302-04 $ 338.77 Vista Way & 78 LLC Sub Total $ 1,468.00 156-301-16 $ 26,922.70 Pk 1 North County Plaza 156-301-17 $ 3,684.45 Crown Jewel Properties LLC 165-120-56 $ 13.633.85 Crown Jewel Properties LLC Sub Total $ 44,241.00 TOTAL $ 100,000.00 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: - CITY BOUNDARY DISTRICT BOUNDARY PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN DRAWN BY: SCOU EVANS, CARLSBAD ENQNEERING DEPT 12/4/01 C:\CAPITAL\H0WARD\BVC-UAINT2.DWG ATTACHMENT B o CITY OF VCARLSBAD Office of the City Clerk www.carlsbadca.gov July 11, 2013 Scott Smith City Engineer City of Oceanside 300 North Coast Highway Oceanside, CA 92054 Dear Mr. Smith: Please find enclosed the certified copies ofthe assessment roll and diagram for the Buena Vista Channel Maintenance District Benefit Area No.1, for the annual levies of assessment, per Resolution No. 2013-172. This resolution was adopted by the Carlsbad City Council at its meeting held on July 9, 2013. If you have any questions or need additional information, please do not hesitate to contact me at 760-434-2809. Sincerely, /) SHERRYFREISINGI Senior Deputy Clerk Records Management 1200 Carlsbad Village Drive, Carlsbad, CA 92008-1949 T 760-434-2808 ® V CARLSBAD <#JP%> CITY OF Office of the City Clerk www.carlsbadca.gov July 11,2013 Tracy Sandoval General Manager Finance and General Government/ Auditor and Controller County Administration Center 1600 Pacific Highway, Rm 166 San Diego, CA, 92101 Dear Ms. Sandoval: Please find enclosed the certified copies ofthe assessment roll and diagram for the Buena Vista Channel Maintenance District Benefit Area No.1, for the annual levies of assessment, per Resolution No. 2013-172. This resolution was adopted by the Carlsbad City Council at its meeting held on July 9, 2013. If you have any questions or need additional information, please do not hesitate to contact me at 760-434-2809. Sincerely, tREISINGE 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, Senior 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 ROLL AND DIAGRAM FOR THE BUENA VISTA CHANNEL MAINTENANCE ASSESSMENT DISTRICT BENEFIT AREA NO. 1. with the original now on file in the Office ofthe City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and ofthe whole thereof. Witness my hand and the seal of said City ofCarlsbad, this llth day of July 2013. (SEAL) ''/((I