HomeMy WebLinkAbout2020-06-02; City Council; ; Annual Levy of Benefit Assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1~ CITY COUNCIL
~ Staff Report
Meeting Date:
To:
From:
Staff Contact:
June 2, 2020
Mayor and City Council
Scott Chadwick, City Manager
. Ryan Green, Assistant Finance Director
ryan .green@carlsbadca.gov, 760-602-2414
CAReview RC
Subject: Annual Levy of Benefit Assessments for the Buena Vista Channel
Maintenance District Benefit Area No. 1
Recommended Action
Adopt a resolution authorizing the annual levy of benefit assessments for the Buena Vista
Channel Maintenance District Benefit Area No. 1 for fiscal year 2020-21
Executive Summary
The City Council's annual approval is required to levy benefit assessments for the Buena Vista
Channel Maintenance District Benefit Area No. 1. This report details that there has been no
change to the original district boundary, no change in the individual assessment cost for each
parcel and that the assessment rates proposed for fiscal year 2020-21 remain the same as in
the previous 15 fiscal years.
Discussion
The Buena Vista Channel Benefit Assessment District was formed in 1989 according to the
provisions of the Benefit Assessment Act of 1982 (California Government Code§ 54703 et seq).
Property owners in the area asked that the district be formed to provide an effective,
consistent means of maintaining the channel for flood protection. The district includes 28
parcels located north of Marron Road, south of Highway 78, west of El Camino Real and east of
Jefferson Street (Exhibit 2). Yearly assessments collected from the property owners in the
district are used to pay for the ongoing maintenance and administrative program costs of the
channel.
The maintenance program is administered by city staff. Since 2003, the maintenance program
has removed vegetation and other debris within the conditions of the program's approved
environmental impact report adopted by the City Council on August 5, 2003, and the permits
issued from the California Department of Fish and Wildlife and California Coastal Commission.
The preferred alternative identified in the environmental impact report 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 restores
the channel's capacity to carry floodwaters without dredging the channel bottom.
June 2, 2020 Item #1 Page 1 of 10
Before the certification of the environmental impact report, maintenance work was completed
on an as-needed basis and two major dredging projects were completed, in May 1993 and
March 1997. Field surveys of the channel bottom were conducted in 2000, 2004, 2008, 2012
and 2018. These surveys indicated there ha's been no appreciable sediment buildup. However,
vegetation growth within the stream reduces the channel's capacity, resulting in flooding.
Removal of the vegetation is scheduled annually, before the winter months, to preserve the
channel's ability to carry floodwaters.
For compliance with the California Environmental Quality Act, the city prepared a supplemental
environmental impact report, which was certified by the City Council on June 11, 2013. The
current maintenance program requires the clearing of the vegetation on the north side of the
creek in segmented intervals. This concept was designed with input from the required resource
agencies to adhere to the terms of various permits and avoid causing significant impacts. The
city has received permits from the California Coastal Commission and the California
Department of Fish and Wildlife to continue maintenance activities in the channel. These
permits are valid through August 2024.
During fiscal year 2019-20, assessment funds were used for permit compliance and renewal,
annual vegetation removal and for retaining a new contracting team for maintenance and
environmental reporting services over the next five-year term. Staff have 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 15 fiscal
years. The original and current formuiated spread for the assessments is based upon 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, as noted above, the process for confirming the district's
continuation for fiscal year 2020-21 is for the City Council to approve the attached resolution
adopting the annual benefit assessments.
Fiscal Analysis
The entire maintenance program, including staff time, annual environmental reporting and
vegetation removal, is funded by the benefit assessments collected from the district's adjacent
property owners. The proposed fiscal year 2020-21 budget for the district is $195,245. This
amount will be funded with the annual assessments, previous interest earnings and
accumulated fund balances.
The cash balance of the district at the end of fiscal year 2019-20 is estimated to be about $1.4
million. This fund balance will be used to cover future potential annual operating deficits as well
as any largescale dredging that may be required in the future.
Next Steps
The Finance Department will submit assessments to property owners for the upcoming fiscal
year to the County of San Diego auditor for inclusion on the property tax rolls and produce
hand bills as necessary. Public works staff will continue all necessary work and services for the
ongoing maintenance and drainage of the Buena Vista Creek Channel.
June 2, 2020 Item #1 Page 2 of 10
Environmental Evaluation (CEQA)
A supplemental program environmental impa~t report (EIR 02-03(A)), candidate findings of fact
and the mitigation monitoring and reporting program (MMRP) were prepared on the
maintenance and flood control activities of the Buena Vista Creek. The supplemental program
environmental impact report was certified by the City Council on June 11, 2013, (Resolution No.
2013-136), in compliance with the California Environmental Quality Act, Guidelines Section
15090. This annual levy of benefit assessments is within the scope of the prior environmental
documents and no further environmental documentation is required under CEQA Guidelines
Section 15162.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. City Council resolution
2. Location Map
June 2, 2020 Item #1 Page 3 of 10
RESOLUTION NO. 2020-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE ANNUAL LEVY OF BENEFIT ASSESSMENTS
FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA
NO. 1 FOR FISCAL YEAR 2020-21
Exhibit 1
WHEREAS, the City Council of the City of Carlsbad, California formed the Buena Vista
Channel Maintenance District Benefit Area No. 1 (District) in 1989 pursuant to the petition of
affected property owners within the District and the terms and provisions of the Benefit
Assessment Act of 1982 (California Government Code Section,§ 54703, et. seq.); and
WHEREAS, at this time the City Council is satisfied with the listing of the Annual Benefit
Assessments as submitted (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.
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 approved within the area of benefit designated as
Benefit Area No. 1, located within the cities of Oceanside and Carlsbad and shown in
Attachment B, are still determined to be the properties benefitting from the proposed
works of maintenance and no changes are proposed in the boundaries of Benefit Area
No.1.
3. That it is determined that the annual levy of assessment for the maintenance and/or
servicing of the improvements are confirmed and levied for the next fiscal year {2020-
21), as shown in Attachment A.
June 2, 2020 Item #1 Page 4 of 10
4. That it is further determined the applicable the cost of the work and services may be
greater than can conveniently be raised from a single annual assessment and the cost
of the work and services can be collected over a period of years.
5. That the work of maintenance and/or servicing of improvements 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 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 measures; and all other works of maintenance, said work to be
performed within the cities of Oceanside and Carlsbad.
(b) The proposed work will consist of a yearly clearing program of the channel area
based on the certified Program Environmental Impact Report and Supplemental
Environmental Impact Report for the Buena Vista Channel.
6. That the city's Finance Department is directed to file assessments for the upcoming
fiscal year and submit a final letter of Fixed Charge Special Assessments, as certified by
the city clerk, to the County of San Diego Auditor by no later than the third Monday in
August, or as required by the County of San Diego Auditor.
7. That the city clerk is directed to file certified copies of this resolution, including
Attachments A and B, with the city engineer of the City of Oceanside.
8. That 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
June 2, 2020 Item #1 Page 5 of 10
enforcement of County of San Diego taxes shall apply to the collection and
enforcement of the assessments.
9. That the city's Finance Department is directed to issue handbills and collect
assessments as necessary.
10. That the assessments as above authorized and levied will provide revenue and relate
to the fiscal year commencing July 1, 2020 and ending June 30, 2021.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of
Carlsbad on the 2nd day of June 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher.
None.
None.
MATT HALL, Mayor
(SEAL)
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June 2, 2020 Item #1 Page 6 of 10
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2020-21
APN Acreage Percent Assessment
156-301-07
156-301-08
156-301-09
156-301-12
156-302-05
156-302-06
156-302-07
156-302-09
156-302-10
156-302-12
156-302-15
156-302-16
156-302-18
156-302-19
156-302-20
156-302-21
156-302-22
156-302-26
156-302-27
156-302-30
156-302-34
156-302-35
Subtotal
156-302-02
156-302-03
156-302-04
Subtotal
156-301-16
156-301-17
165-120-56
Subtotal
Total
June 2, 2020
1.39 5.867% $ 3,185.50
0.72 3.039% $ 1,650.04
2.37 10.004% $ 5,431.39
0.33 1.393% $ 756.27
0.28 1.182% $ 641.68
0.78 3.293% $ 1,787.55
0.44 1.857% $ 1,008.36
4.26 17.982% $ 9,762.75
2.20 9.287% $ 5,041.80
0.16 0.675% $ 366.68
0.93 3.926% $ 2,131.31
0.60 2.533% $ 1,375.04
0.06 0.253% $ 137.50
0.15 0.633% $ 343.76
0.32 1.351% $ 733.35
0.07 0.295% $ 160.42
0.58 2.448% $ 1,329.20
0.83 3.504% $ 1,902.13
1.77 7.472% $ 4,056.36
3.35 14.141% $ 7,677.28
1.17 4.946% $ 2,685.16
0.93 3.919% $ 2,127.47
23.69 100.000% $ 54,291.00
0.58 55.769% $ 818.69
0.22 21.154% $ 310.54
0.24 23.077% $ 338.77
1.04 100.000% $ 1,468.00
19.51 60.855% $ 26,922.70
2.67 8.328% $ 3,684.45
9.88 30.817% $ 13,633.85
32.06 100.0000% $ 44,241.00
56.79 100% $ 100,000.00
Owner
RPI Carlsbad LP
MSC LLC
RPI Carlsbad LP
RPI Carlsbad LP
Plaza Camino Real
SMBC Leasing & Finance, Inc
Western Properties Three LLC/ RPI Carlsbad LP
RPI Carlsbad LP
JC Penney Properties Inc.
MSC LLC
Macy's Primary Real Estate, Inc.
Macy's Primary Real Estate, Inc.
RPI Carlsbad LP
RPI Carlsbad LP
RPI Carlsbad LP
RPI Carlsbad LP
Chasm Entertainment Inc/ RPI Carlsbad LP
MSC LLC
RPI Carlsbad LP
Plaza Camino Real
RPI Carlsbad LP
RPI Carlsbad LP
CRMAD Properties LLC
Allen Bayrooti
Kristine Peterson and Lorraine Peterson
Pk I North County Plaza
Crown Jewel Properties LLC
Crown Jewel Properties LLC
Item #1 Page 7 of 9 June 2, 2020 Item #1 Page 7 of 10
NOT TO SCALE
LEGEND:
• .,_.,_,,_,,_ CITY BOUNDARY
DISTRICT BOUNDARY
DIAGRAM FOR BENEFIT AREA NO. 1
BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT
CITY OF CARLSBAD, STA TE OF CALIFORNIA
HWY78
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ATTACHMENT B
June 2, 2020 Item #1 Page 8 of 10
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy City 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
RESOLUTION NO. 2020-092 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE ANNUAL LEVY OF BENEFIT ASSESSMENTS FOR
THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 FOR FISCAL YEAR
2020-21, with the original now on file in the Office of the City Clerk of the City of Carlsbad;
that the same contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 3rd day of June 2020.
(SEAL)
June 2, 2020 Item #1 Page 9 of 10