HomeMy WebLinkAbout2023-06-06; City Council; ; Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for fiscal year 2023-24CA Review JRT
Meeting Date: June 6, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Katie Schroeder, Senior Accountant
katie.schroeder@carlsbadca.gov, 442-339-5246
Subject: Annual levy of benefit assessments for the Buena Vista Channel
Maintenance District Benefit Area No. 1 for fiscal year 2023-24
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 2023-24.
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 2023-24.
Explanation & Analysis
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
Attachment B of Exhibit 1. 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 under the conditions of the approved program environmental
impact report approved by the City Council in 2003 and the permits issued by the California
Department of Fish and Wildlife and California Coastal Commission. The program’s
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 is preferred by the agencies because it restores flood
conveyance capacity without dredging the channel bottom.
June 6, 2023 Item #9 Page 1 of 8
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
flooding. Staff schedule 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 have 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 2022-23, funds from the assessment were used for annual vegetation
removal and environmental reporting services. City staff have evaluated the existing fund
balance of the district and recommend annual 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 benefit from the
maintenance of that portion of the total channel, which abuts or fronts upon the respective
parcels.
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 2023-24.
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 2023-24 will fund
the ongoing maintenance activities of the Buena Vista Channel and help prevent flooding in the
area. Ongoing maintenance activities may be impacted if annual assessments are not collected
from the property owners, and staff have identified no benefits to the city in not authorizing
the annual levy.
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 2023-24 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 2023-24 is estimated to be
approximately $1.35 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.
June 6, 2023 Item #9 Page 2 of 8
Next Steps
With the City Council’s approval, the Finance Department will submit property owners’
assessments for the upcoming fiscal year to the San Diego County Auditor to be included 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
A supplemental program environmental impact report (EIR 02-03(A)), 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.
Exhibits
1. City Council resolution
June 6, 2023 Item #9 Page 3 of 8
RESOLUTION NO. 2023-150
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 2023-24
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 (Cal. 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 District, 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 the District.
3.That it is determined that the annual levy of assessment for the maintenance and/or
servicing of the improvements is confirmed and levied for the next fiscal year (2023-24),
as shown in Attachment A.
EXHIBIT 1
June 6, 2023 Item #9 Page 4 of 8
4.That it is further determined the applicable 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 is
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 vegetation, and other debris; the implementation of required mitigation
measures; and all other works of maintenance, is 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's Office, to the County of San Diego Auditor by no later than the third
Monday in August of 2023, or as required by the County of San Diego Auditor.
7.That the City Clerk's Office 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 6, 2023 Item #9 Page 5 of 8
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, 2023 and ending June 30, 2024.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 6th day of June, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
KEITH BLACKBURN, Mayor #v--J,.._� SHERRY FREISINGER, City Clerk-rr-(SEAL)
June 6, 2023 Item #9 Page 6 of 8
Attachment A
Buena Vista Channel Maintenance District Benefit Area No. 1
Annual Benefit Assessments for Fiscal Year 2023-24
APN Acreage Percent Assessment Owner
156-301-07 1.39 5.867% $ 3,185.50 R P I CARLSBAD LP
156-301-08 0.72 3.039% $ 1,650.04 M S C L L C
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 R P I 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 L L C R P I
156-302-09 4.26 17.982% $ 9,762.75 R P I CARLSBAD LP
156-302-10 2.20 9.287% $ 5,041.80 PENNEY PROPERTY SUB HOLDINGS LLC
156-302-12 0.16 0.675% $ 366.68 M S C L L C
156-302-15 0.93 3.926% $ 2,131.31 MACYS PRIMARY REAL EST INC
156-302-16 0.60 2.533% $ 1,375.04 MACYS PRIMARY REAL EST INC
156-302-18 0.06 0.253% $ 137.50 R P I CARLSBAD LP
156-302-19 0.15 0.633% $ 343.76 R P I CARLSBAD LP
156-302-20 0.32 1.351% $ 733.35 R P I CARLSBAD LP
156-302-21 0.07 0.295% $ 160.42 R P I CARLSBAD LP
156-302-22 0.58 2.448% $ 1,329.20 CHASM ENTERTAINMENT INC R P I CARLSBAD
156-302-26 0.83 3.504% $ 1,902.13 M S C L L C
156-302-27 1.77 7.472% $ 4,056.36 R P I 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 R P I CARLSBAD LP
156-302-35 0.93 3.919% $ 2,127.47 R P I CARLSBAD LP
Subtotal 23.69 100.000% $ 54,291.00
156-302-02 0.58 55.769% $ 818.69 CRMAD PROPERTIES L L C
156-302-03 0.22 21.154% $ 310.54 BAYROOTI FAMILY TRUST 01-25-20
156-302-04 0.24 23.077% $ 338.77 PETERSON KRISTINE PETERSON LORRAINE
Subtotal 1.04 100.000% $ 1,468.00
156-301-16 19.51 60.855% $ 26,922.70 P K I NORTH COUNTY PLAZA L P
156-301-17 2.67 8.328% $ 3,684.45 CROWN JEWEL PROPERTIES L L C
165-120-56 9.88 30.817% $ 13,633.85 CROWN JEWEL PROPERTIES L L C
Subtotal 32.06 100.0000% $ 44,241.00
Total 56.79 100% $ 100,000.00
June 6, 2023 Item #9 Page 7 of 8
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June 6, 2023 Item #9 Page 8 of 8
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