HomeMy WebLinkAbout2013-07-09; City Council; 21288; Buena Vista Channel Maintenance Annual AssessmentsCITY OF CARLSBAD - AGENDA BILL 11
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07/09/13
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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 •
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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.
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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.
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PACIFIC OCEAN
Buena Vi||a Or^ek Channel
Maintenance District
for Fiscal Year 2013-14
Legend
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Buena Vista Creek Channel
Maintenance District - Benefit Area 1
Map crutad by the Crty or Cartibad OIS.
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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
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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
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
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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
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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:
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
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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
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property taxes are collected and all laws providing for that collection and enforcement
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of these assessments.
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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)
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