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HomeMy WebLinkAbout2014-06-24; City Council; 21650; Buena Vista Channel Maintenace District Annual AssessmentsCITY OF CARLSBAD - AGENDA BILL 21.650 06/24/14 ASD/FIN BUENA VISTA CHANNEL MAINTENANCE DISTRICT ANNUAL ASSESSMENTS DEPT. DIRECTOR CITY ATTORNE^^^^ CITY MANAGER RECOMMENDED ACTION: Adopt Resolution No. 2014-150 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 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. Yearly assessments collected from the property owners in the district are used to pay for the ongoing maintenance program costs of the 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 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 dredging. Avoiding disturbance ofthe 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. For the duration of the existing PEIR, which was ten years, no work had occurred in the portion that is within the California Coastal Zone. Over the last ten 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 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 DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2430 roxanne.muhlmeister(a)carlsbadca.qov 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 flows. Regular removal ofthe vegetation will preserve the integrity ofthe channel as a flood control corridor. Continued maintenance ofthe 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 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 ofthe 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. 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. Staff has been issued a permit from the California Coastal Commission and is in negotiations with the CDFW for the Lake and Streambed Alteration Agreement. Current Status: During Fiscal Year 2013-14, 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 ten 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 2014-15 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 2014-15 budget for the District is $106,275. This amount will be funded with the annual assessments and previous interest earnings. The projected fund balance at the end of Fiscal Year 2013-14 is approximately $1.1 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. 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. 2014-150 adopting annual benefit assessments for Buena Vista Channel Maintenance District Benefit Area No. 1. 5 PACIFIC OCEAN Legend Buena Vista Creek Channel Maintenance District - Benefit Area 1 Exhibit 2 1 RESOLUTION NO. 2014-150 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 10 11 12 13 14 20 21 22 23 24 25 4 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 pursuant S to the petition of the property owners within the District and the terms and provisions of 9 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 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 ofthe cities of Oceanside and Carlsbad. No changes are proposed in the boundaries of Benefit Area 26 No. 1. 27 28 3 4 5 6 7 8 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 (2014-15), 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 hereby further determined that the cost of the work can be collected 10 over a period of years. 11 MAINTENANCE WORK 12 SECTION 4. That the work of maintenance to be performed are generally 1^ 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 and Supplemental Environmental Impact Report for the Buena Vista Channel prepared by Dudek and Associates. FILING AND RECORDING 14 15 16 17 18 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 Exhibit 2 SECTION 5. That the above-referenced diagram and assessment shall be filed in the office of the City Clerk, with a certified copy to be filed in the office of the Engineering Department. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. SECTION 6. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with the County Auditor. Said filing is to be made no later than the third Monday in August, or as required by the County of San Diego. SECTION 7. 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. COLLECTION AND PAYMENT SECTION 8. 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 of the assessments. FISCAL YEAR SECTION 9. That the assessments as above authorized and levied will provide revenue and relate to the fiscal year commencing July 1, 2014 and ending June 30, 2015. -7 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 ofthe City Council ofthe City of Carlsbad on the 24th day of June 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. ATTEST: BARBARA ENGLESON, Ci Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Beneift Assessments Fiscal Year 2014-15 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* 7,677.28 156-302-02 818.69 156-302-03 310.54 156-302-04 338.77 156-301-16 26,922.70 156-301-17 3,684.45 165-120-56 13,633.85 TOTAL $ 100,000.00 ' Zero value parcel - forced on Tax Roll (Handbill required) 0[ >- § O OQ >- ce i o o S O mo :^3: OC/l OUj ct 2E 8^ Si m CD Uj -J \0