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HomeMy WebLinkAbout2016-07-12; City Council; 22339; Adopt Resolution for annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1AB# 22,339 DATE 07/12/16 DEPT. ASD/FIN CITY OF CARLSBAD-AGENDA BILL ADOPT RESOLUTION FOR THE ANNUAL LEVY OF BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 RECOMMENDED ACTION: Adopt a Resolution for the annual levy of 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 the affected property owners 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. From 2003 to 2013, 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 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 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. 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 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 flows. Regular removal of the vegetation will preserve the integrity of the channel as a flood control corridor. DEPARTMENT CONTACT: Roxanne Muhlmeister 760-602-2417 roxanne.muhlmeister@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED ~ CONTINUED TO DATE SPECIFIC D DENIED CONTINUED TO DATE UNKNOWN D CONTINUED D RETURNED TO STAFF D WITHDRAWN D OTHER-SEE MINUTES D AMENDED D REPORT RECEIVED D 1 Item#1-AB#22,339 July 12, 2016 Page 1 of 10 Buena Vista Channel Assessments 7/12/2016 Page 2 of 3 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 environmental document approved by City Council is for a period of ten years and expired August 2013. The permit from the CDFW expired as well. The city updated the PEIR in order to support 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 Coastal Zone in the current maintenance program. For continued 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 California Department of Fish and Wildlife to continue maintenance activities in the channel. Two of the lots within the District are in the process of obtaining development permits from the cities of Oceanside and Carlsbad. The development process requires various surveys for endangered species. Two endangered species have been identified within the portion of the channel that is maintained by the District. One species, the endangered least Bell's vireo, is a migratory song-bird and the project has been developed to avoid working in the area during the breeding season and is in compliance with resource agency permits. In 2015, surveys found a breeding pair of endangered light footed Ridgway rail. The rail does not migrate. In compliance with project permits, staff met with the U.S. Fish & Wildlife Service and agreed to modify annual impact areas to accommodate the endangered rail. Additionally, the District will monitor for the rail and provide the data with the annual report. During Fiscal Year 2015-16, assessment funds were spent for permit compliance, environmental mitigation and routine maintenance. 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 12 fiscal years. The original and current formulated spread for the assessments is based 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 2016-17 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 2016-17 budget for the District is $186,400. This amount will be funded with the annual assessments, previous interest earnings and accumulated fund balances. Item#1-AB#22,339 July 12, 2016 Page 2 of 10 Buena Vista Channel Assessments 7/12/2016 Page 3 of 3 The projected cash balance for the District at the end of Fiscal Year 2015-16 is approximately $1.2 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. ENVIRONMENTAL IMPACT: The annual levy of benefit assessments is considered part of the maintenance program covered by the Council-certified SEIR. Therefore, no further CEQA compliance is necessary. EXHIBITS: 1. Location Map. 2. A Resolution for the annual levy of benefit assessments for Buena Vista Channel Maintenance District Benefit Area No. 1. Item#1-AB#22,339 July 12, 2016 Page 3 of 10 Exhibit 1 PACIFIC OCEAN -Buena Vista Creek Channel Maintenance District-Benefit Area 1 0 Miles Map created by the City of Carlsbad GIS. Item#1-AB#22,339 July 12, 2016 Page 4 of 10 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 RESOLUTION NO. 2016-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE ANNUAL LEVY OF BENEFIT ASSESSMENTS FOR THE BUENA VISTA CHANNEL MAINTENANCE DISTRICT BENEFIT AREA NO. 1 EXHIBIT 2 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. Item#1-AB#22,339 July 12, 2016 Page 5 of 10 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 (2016-17), as shown in Attachment "A". 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 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 Item#1-AB#22,339 July 12, 2016 Page 6 of 10 diagram and assessment, and the certified copy thereof, shall be open for public inspection. 7. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment with 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. 8. 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. 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, 2016 and ending June 30, 2017. 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 Item#1-AB#22,339 July 12, 2016 Page 7 of 10 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 of the City Council of the City of Carlsbad on the 12th of July, 2016, by the following vote to wit: AYES: Hall, Wood, Schumacher, Blackburn, Packard. NOES: None. ABSENT: None. (SEAL) Item#1-AB#22,339 July 12, 2016 Page 8 of 10 Attachment A Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2016-17 APN ACREAGE PERCENT ASSESSMENT OWNER 156-301-07 1.39 5.867% $ 3,185.50 RPI Carlsbad LP 156-301-08 0.72 3.039% $ 1,650.04 MSC LLC 156-301-09 2.37 10.004% $ 5,431.39 Sears Roebuck & Cot RPI Carlsbad LP 156-301-12 0.33 1.393% $ 756.27 RPI Carlsbad LP 156-302-05 0.28 1.182% $ 641.68 Plaza Camino Real 156-302-06 0.78 3.293% $ 1,787.55 SMBC Leasing & Finance, Inc 156-302-07 0.44 1.857% $ 1,008.36 Western Properties LLC / RPI Carlsbad LP 156-302-09 4.26 17.982% $ 9,762.75 RPI Carlsbad LP 156-302-10 2.20 9.287% $ 5,041.80 JC Penney Properties Inc. 156-302-12 0.16 0.675% $ 366.68 MSC LLC 156-302-15 0.93 3.926% $ 2,131.31 Macy's Primary Real Estate, Inc. 156-302-16 0.60 2.533% $ 1,375.04 Macy's Primary Real Estate, Inc. 156-302-18 0.06 0.253% $ 137.50 RPI Carlsbad LP 156-302-19 0.15 0.633% $ 343.76 RPI Carlsbad LP 156-302-20 0.32 1.351% $ 733.35 RPI Carlsbad LP 156-302-21 0.07 0.295% $ 160.42 RPI Carlsbad LP 156-302-22 0.58 2.448% $ 1,329.20 Chasm Entertainment Inc 156-302-26 0.83 3.504% $ 1,902.13 MSC LLC 156-302-27 1.77 7.472% $ 4,056.36 RPI Carlsbad LP 156-302-30 3.35 14.141% $ 7,677.28 Plaza Camino Real 156-302-34 1.17 4.946% $ 2,685.16 RPI Carlsbad LP 156-302-35 0.93 3.919% $ 2,127.47 RPI Carlsbad LP Sub Total 23.69 100.000% $ 54,291.00 156-302-02 0.58 55.769% $ 818.69 CRMAD Properties LLC 156-302-03 0.22 21.154% $ 310.54 Allen Bayrooti 156-302-04 0.24 23.077% $ 338.77 Kristine Peterson and Lorraine Peterson Sub Total 1.04 100.000% $ 1,468.00 156-301-16 19.51 60.855% $ 26,922.70 Pk I North County Plaza 156-301-17 2.67 8.328% $ 3,684.45 Crown Jewel Properties LLC 165-120-56 9.88 30.817% $ 13,633.85 Crown Jewel Properties LLC Sub Total 32.06 100.000% $ 44,241.00 TOTAL 56.79 100% $ 100,000.00 Item#1-AB#22,339 July 12, 2016 Page 9 of 10 DIAGRAM FOR BENEFIT AREA NO. 1 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT CITY OF CARLSBAD, STATE OF CALIFORNIA LEGEND: CITY BOUNDARY DISTRICT BOUNDARY PERIODIC CLEANING OF OVERGROWTH AND SILT WITHIN AREA SHOWN ATTACHMENT B DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 12/4/01 C:\CAPITAL\HOWARD\BVC-MAINTZDWG NOT TO SCALE Item#1-AB#22,339 July 12, 2016 Page 10 of 10