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