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.
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~ BARBARA ENGLESON, City Clerk
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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
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... _,._,,_,,_ CITY BOUNDARY
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DISTRICT BOUNDARY
PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN
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ATTACHMENTB
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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
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