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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) ktv 11111\llllllll////// ,,,,,, ~ CA b,,,,,, §'~ oi-rr., ~½ ~-" .•·~~.n~ ~~-·· ~-·-.U~~ ff-/~\~\ :0, /'. 'C"' \ \.~~ t~) J \ ~··· .... :·",i"·'"· .... ...-I ¾°'fl ···········..\\'/-,~ ,,,,1 ... IFO'Pl~ ,,,,~ ,,,,,,,,,111111111\\'' 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 .. ----....-:=~~·:+r--··-··-··-··-··-··-· -·· ··-_:.,...,-•·' c:-J RD. lf't"·•i:(::(::::':,:::::::'.:j ~%~O£fT ~~OONXR~~ ~!fo~Rowm [ 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