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Home My WebLink About2021-05-18; City Council; ; Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2021-22Meeting Date: May 18, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Jason Rosado, Assistant to the Treasurer jason.rosado@carlsbadca.gov, 760-602-2473 Subject: Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2021-22 District: 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 2021-22. Executive Summary The City Council's approval is needed to levy benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1. This report details that there have been no changes to the original district boundary, the individual assessment cost for each parcel or to the assessment rates proposed for fiscal year 2021-22. Discussion The Buena Vista Channel Benefit Assessment District was formed in 1989 at the request of affected property owners to provide an effective and 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, as shown in Exhibit 2. Annual 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, this program has removed vegetation and other debris within the conditions of the approved program environmental impact report approved by the City Council in 2003 and the permits issued from the California Department of Fish and Wildlife and California Coastal Commission. The program environmental impact report identified hand removal of the vegetation in one fifth of the northern half of the channel each year based on a five-year rotation as the preferred method of maintaining the channel. This method preferred by the agencies because it restores flood conveyance capacity without dredging the channel bottom. Field surveys of the channel bottom conducted in 2000, 2004, 2008, 2012 and 2018 indicate there has been no appreciable sediment buildup during this time. However, vegetation growth within the stream impedes the capacity of the channel to convey water, increasing the risk of May 18, 2021 Item #3 Page 1 of 9 flooding. Staff schedules vegetation removal each year, before the winter months, to preserve the integrity of the channel as a flood conveyance corridor. For compliance with the California Environmental Quality Act, the city prepared a supplemental environmental impact report that was certified by the City Council in 2013. The current maintenance program requires the clearing of the vegetation on the north side of the creek in segmented intervals. This methodology was designed with input from the agencies with oversight over the aquatic resources within the channel to avoid significant impacts and the need to obtain permits for the works. Staff 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 2020-21, assessment funds were used for annual vegetation removal and environmental reporting services. City staff have evaluated the existing fund balance of the district and recommend assessment rates be kept at a total collection amount of $100,000, at the same parcel assessment rates as previous fiscal years. The original and current formula for leveling the assessments is based upon each owner’s proportion of property within the channel. There has been no change to the original district boundary and no change in the individual assessment cost for each parcel, so the City Council needs only to approve the attached resolution adopting the annual benefit assessments to continue the district’s operations for fiscal year 2021-22. Options Staff offer the following options for the City Council’s consideration: 1.Adopt the attached resolution authorizing the annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for fiscal year 2021-22. Pros •Annual assessments from property owners fund ongoing maintenance activities of the Buena Vista Channel and help prevent flooding in the area Cons •None identified 2.Do not adopt the Resolution and do not collect annual assessments from the property owners Pros •None identified Cons •Ongoing maintenance activities may be impacted if annual assessments are not collected from the property owners Staff recommend the first option for the City Council’s approval, adopting the attached resolution authorizing the annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for fiscal year 2021-22. May 18, 2021 Item #3 Page 2 of 9 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 2021-22 budget for the district is $195,295. 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 2021-22 is estimated to be approximately $1.4 million. This balance will be used to cover future potential annual operating deficits as well as any large-scale dredging that may be required in the future. Next Steps With the City Council’s approval, the Finance Department will submit property owner assessments for the upcoming fiscal year to the San Diego County Auditor so that they will be included on 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 A supplemental program environmental impact report (EIR 02-03(A)), candidate findings of fact and the mitigation monitoring and reporting program were prepared for 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 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 Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. Location map May 18, 2021 Item #3 Page 3 of 9 RESOLUTION NO. 2021-117 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 2021-22 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 (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 are proposed. 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 (2021- 22), as shown in Attachment A. May 18, 2021 Item #3 Page 4 of 9 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; the 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 May 18, 2021 Item #3 Page 5 of 9 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, 2021 and ending June 30, 2022. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 18th day of May, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor .r) rA(Vi tr -0,455y. BARBARA ENGLESON, City CI -14 (SEAL) May 18, 2021 Item #3 Page 6 of 9 Attachment A Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2021-22 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 & Co R P I 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 Bridgestone Retail Operations LLC 156-302-07 0.44 1.857% $ 1,008.36 Western Properties Three 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 / RPI Carlsbad LP 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 Subtotal 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 Bayrooti Family Trust 01-25-20 156-302-04 0.24 23.077% $ 338.77 Kristine Peterson and Lorraine Peterson Subtotal 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 Subtotal 32.06 100.0000% $ 44,241.00 Total 56.79 100% $ 100,000.00 May 18, 2021 Item #3 Page 7 of 9 DIAGRAM FOR BENEFIT AREA NO. 1 BUENA VISTA CREEK CHANNEL MAINTENANCE DISTRICT NOT TO SCALE LEGEND: ... _,,_,,_,,_ CITY BOUNDARY DISTRICT BOUNDARY ,.:.:.:,:,;,:,;,:,:,;,:.:.:.:.:.:.:.:.:.:.:.:.:.:-1 PERIODIC CLEANING OF OVERGROWTHAND SILT WITHIN AREA SHOWN CITY OF CARLSBAD, STA TE OF CALIFORNIA HWY78 _..,·· � .. - . ::..,.., . L---1 RD. DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEER/NG DEPT. 12 4 01 C: CAPITAL HOWARD BVC-MAINT2.DWG rn r- ATTACHMENT B May 18, 2021 Item #3 Page 8 of 9 !^ PACIFIC OCEAN ELC A MINOREALCARLSBAD BLC A N NONRDLACOSTA AV PALOMARAIRPORTRD ALGA RD A VIARAPY ME L R OSEDRRANCHO S A N T A F E R D C A R L S B A D V ILL AGEDR POINSETTIA LN CO L L E G E B LOLIVE N H A I N R D COLLE GEBLP O I N S E TTI A L N TAM ARACKAV BATIQUITOSLAGOON AGUAHEDIONDALAGOON BUENAVISTALAGOON Document Path: J:\cbgis\products\Standard Maps\FINANCE\2019\BuenaVistaChannelDistrcit_8x11.mxdBuena Vista Creek ChannelMaintenance District for Fiscal Year 2021-22 Map created by the City of Carlsbad GIS. I 0 1 Miles Buena Vista Creek ChannelMaintenance District - Benefit Area 1 Exhibit 2 May 18, 2021 Item #3 Page 9 of 9 STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss. I, Mia De Marzo, 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. 2021-117 — 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 2021-22 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 20th day of May, 2021. -r -e1;-CAfroy-- 73 ,6 MIA DE MARZO DEPUTY CITY CLERK (SEAL) 0\11111111H/1,11i,, 0