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HomeMy WebLinkAbout2019-07-09; City Council; ; Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2019-20.(i) CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: July 9, 2019 Mayor and City Council Scott Chadwick, City Manager Jill Moya, Senior Accountant jill.moya@carlsbadca.gov or 760-602-2428 CA Review v,1(./ Subject: Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2019-20. 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 2019-20. Executive Summary City Council's approval is needed to levy benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for fiscal year 2019-20 in compliance with the procedures of the California Government Code Section 54703 et seq. Discussion The Buena Vista Channel Benefit Assessment District (District) was formed in 1989 according to the provisions of the Benefit Assessment Act of 1982 (Government Code Section 54703 et seq). The formation was requested by the affected property owners in order 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. From 2003 to 2013, the maintenance program performed removal of vegetation and other debris within the conditions 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 the 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 dredging. Avoiding disturbance of the 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 July 9, 2019 Item #1 Page 1 of 9 Lake and Stream bed Alteration Agreement for any disturbance within the channel. 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. 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 of the channel bottom were conducted in 2000, 2004, 2008, 2012 and 2018. While the surveys indicate there has been no appreciable sediment buildup, vegetation growth within the stream impedes the conveyance capacity of the channel resulting in flooding. Removal of the vegetation is scheduled annually prior to the winter months to preserve the integrity of the channel as a flood 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 a major storm event. The original project permits expired in 2013. New permits were applied for which included extending the project boundary westerly into the coastal zone. 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 Coastal Zone in the current maintenance program. For CEQA compliance, the city prepared a Supplemental Environmental Impact Report (SEIR). City Council certified the SEIR on June 11, 2013. The SEIR covers the current maintenance program and adds the portion of the creek within the Coastal Zone. 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 various resource agencies so as not to invoke numerous permits or cause significant impacts. Staff has received permits from the California Coastal Commission and the CDFW to continue maintenance activities in the channel. These permits are valid through August 2024. During fiscal year 2018-19, assessment funds were spent for permit compliance and renewal, environmental mitigation, routine channel maintenance and a hydraulic analysis to assess the performance of the channel as a flood control facility. City 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 14 fiscal years. The original and current formulated 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, the process for confirming the District's continuation for fiscal year 2019-20 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 renewals of required environmental permits, and both minor and major channel work, is funded by the benefit July 9, 2019 Item #1 Page 2 of 9 assessments collected from the District's adjacent property owners. The fiscal year 2019-20 budget for the District is $194,882. This amount will be funded with the annual assessments, previous interest earnings and accumulated fund balances. The estimated cash balance for the District at the end of fiscal year 2018-19 is approximately $1.4 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. Next Steps The Finance Department will submit property owner assessments for the upcoming fiscal year to the County of San Diego Auditor for inclusion on the property tax rolls. Public works staff will continue all necessary work and services for the ongoing maintenance and drainage of the Buena Vista Creek Channel. Environmental Evaluation (CEQA) A Supplemental Program Environmental Impact Report (EIR 02-03(A)), Candidate Findings of Fact and the Mitigation Monitoring and Reporting Program (MMRP) were prepared for maintenance and flood control activities for the Buena Vista Creek. The Supplemental Program EIR was certified by the City Council on June 11, 2013, (Resolution No. 2013-136), in compliance with the California Environmental Quality Act {CEQA) 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 per CEQA Guidelines Section 15162. Public Notification 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. July 9, 2019 Item #1 Page 3 of 9 RESOLUTION NO. 2019-113 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 2019-20 Exhibit I 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 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 listing of the Annual Benefit Assessments 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. 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 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 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 hereby confirmed and levied for the next fiscal year (2019-20), as shown in Attachment "A". July 9, 2019 Item #1 Page 4 of 9 4. 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 collected over a period of years. 5. That the work of maintenance 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 above-referenced diagram and assessment shall be filed in the office of the city clerk, with a copy to be filed in the office of the Finance Department. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 7. That the city's Finance Department is hereby ordered and 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. Said filing is to be made no later than the third Monday in August, or as required by the County of San Diego. July 9, 2019 Item #1 Page 5 of 9 8. That the city clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with the city ngineer of the City of Oceanside. 9. 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. 10. That the assessments as above authorized and levied will provide revenue and relate to the fiscal year commencing July 1, 2019 and ending June 30, 2020. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of July, 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton NAYS: None. ABSENT: None. ~JrrtmM<U ~ BARBARA ENGLESON, City Clerk (SEAL) ,,,,,,,11111111111,,,,,,,,,, /'o~ CA,9{ ,/~~ ._,·, ··•·· .n ~ ~ i~ .·· ·-.\I~~ §~/~\?% ~U[ 1 ~\ci -·~ . -%\. 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' .•·· ~ %"'11_ ............ ~,~#' ,✓✓,,,, I FQf\'~•\,,<1-~ ,,,,,,,,,,11111111\\ July 9, 2019 Item #1 Page 6 of 9 Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2019-20 APN 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 Sub Total 156-302-02 156-302-03 156-302-04 Sub Total 156-301-16 156-301-17 165-120-56 Sub Total TOTAL ACREAGE PERCENT ASSESSMENT 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 Attachment A OWNER RPI Carlsbad LP MSC LLC Sears Roebuck & Co / RPI Carlsbad LP RPI Carlsbad LP Plaza Camino Real SMBC LeasinQ & Finance, Inc Western Properties 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 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 July 9, 2019 Item #1 Page 7 of 9 DIAGRAM FOR BENEFIT AREA NO. 1 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT CITY OF CARLSBAD, STA TE OF CALIFORNIA NOT TO SCALE HWY78 ,;::::::::~ < ----------------·-·.,-·- LEGEND: ... _,._,,_,,_ CITY BOUNDARY l:::::::::.::::::Vi::::::::::.:.::::::::::::•I DISTRICT BOUNDARY PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN DIWM{ tf'I:-SCOTT EVANS, C.A.RLSBA/J ENGINEERING DEPT. 12/4/01 C: \CAPITAL \HOWAAD\Bvc-=-M.A.INT2DltG RD. rn r- ~ s: z 0 ATTACHMENTB 9 ____ .,..,..... ____ .,.U:..,.,.., ____ _..,,, __ ..., __ __.......,.,,.,~-,....-., __ ... ,,..,. ,.,~..,,.._-.r_.,,,_,~__-"il,.i,,.., .,,,..,,:,,ua"1' --~,.,.,........,_ __ .,_,.·-•"'--. ,,_,___,,.,......,,~,·-••"""'•-•,.,..!•"""-:•~•t--~ •w•.,,.....,n,.,.....,,~,w_,.,,.,._._.,.. ....... ,_,.~., July 9, 2019 Item #1 Page 8 of 9 PACIFIC OCEAN July 9, 2019 Item #1 Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. I, Tamara R. McMinn, 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. 2019-113 - 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 2019-20 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 10m day of July, 2019. TAMARA R. MCMINN, CPMC, CMC DEPUTY CITY CLERK (SEAL) ,,,,1111111,,,,,,,,,,, ,#'()f CAJ1/'''% i'A ... ···~· ... \S'A ~J.../ ~ \V' ~ ::::-,~··."Jil",o ~Oi / 2':_A\C§ % \~: ~.! j ~ \.,.,~ . ~ -,,...• .. -.. ·" %--;..l..········: ..... •~,~~ ,,.✓.,. IF ~~' ,$' '/1,,,, Qp ~,,,-v- ,,,,,,111111111\\\\\