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HomeMy WebLinkAbout2024-06-11; City Council; ; Annual levy of benefit assessments for the Buena Vista Channel Maintenance District Benefit Area No. 1 for Fiscal Year 2024-25CA Review AZ Meeting Date: June 11, 2024 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 2024-25 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 2024-25. 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 2024-25. 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. 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 from 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. 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, sedimentation has been observed in more recent field visits and vegetation growth within the stream impedes the June 11, 2024 Item #2 Page 1 of 8 capacity of the channel to convey water, increasing the risk of flooding. Staff schedule vegetation removal each year, before the winter months, to maintain 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 work. 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. Staff are currently working with environmental consultants on new agreements and permits with these agencies for future channel maintenance. Funds from the assessment were used for annual vegetation removal and environmental reporting services during fiscal year 2023-24. 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 are 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 need only to approve the attached resolution adopting the annual benefit assessments to continue the district’s operations for fiscal year 2024-25. 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 2024-25 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 2024-25 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 2024-25 is estimated to be approximately $1.30 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 11, 2024 Item #2 Page 2 of 8 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 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)), 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. Exhibits 1.City Council resolution June 11, 2024 Item #2 Page 3 of 8 June 11, 2024 Item #2 Page 4 of 8 Exhibit 1 RESOLUTION NO. 2024-116 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 2024-25 WHEREAS, the City Council of the City of Carlsbad, California formed the Buena Vista Channel Maintenance District Benefit Area No. 1 in 1989 in response to a petition of affecte.d prope_rty owners within the district and the terms and provisions of the Benefit Assessment Act of 1982 {California 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 Buena Vista Channel Maintenance District Benefit Area No. 1, located within the cities of Oceanside and Carlsbad, as shown in Attachment B, are still determined to be the properties benefitting from the proposed 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 2024-25, as shown in Attachment A. 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 2024, 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 11, 2024 Item #2 Page 5 of 8 June 11, 2024 Item #2 Page 6 of 8 enforcement of County of San Diego taxes shall apply to the collection and enforcement of the assessments. 9. Thatthe city's Finance Department is directed to issue handbills and collect assessments as necessary. 10. That the assessments as authorized above and levied will provide revenue and re_late to the fiscal year commencing July 1, 2024, and ending June 30, 2025. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 11th day of June, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER. NONE. NONE. LUNA. KEITH BLACKBURN, Mayor CJ~~, ~ERRY FREISINGER, City Clerk V (SEAL) Attachment A Buena Vista Channel Maintenance District Benefit Area No. 1 Annual Benefit Assessments for Fiscal Year 2024-25 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 11, 2024 Item #2 Page 7 of 8 5 PACIFIC OCEAN E L C A M I N O REA L CA R L S B A D B L C A N N O N R D L A COSTA AV PAL O M A R AIRPORT R D ALGA RD A V I A RA PY M E L R O S E DR R A N C H O S AN TA FE RD C A R LSB A D V I L L AGE DR POINSETTIA LN COLLEG E B L OLI V E N H A I N R D CO L L E G E BL PO I N S E TTIA L N TAMA RAC K AV BATIQUITOSLAGOON AGUAHEDIONDALAGOON BUENAVISTALAGOON Do c u m e n t P a t h : \ \ s h a r e s \ G I S _ a p p \ c b g i s \ p r o d u c t s \ S t a n d a r d M a p s \ F I NA N C E \ 2 0 2 4 \ B u e n a V i s t a C h a n n e l D i s t r c i t _ 8 x 1 1 . p a g x Buena Vista Creek Channel Maintenance District for Fiscal Year 2024-25 Map created by the City of Carlsbad GIS. I 0 1 Miles Buena Vista Creek Channel Maintenance District - Benefit Area 1 Attachment B June 11, 2024 Item #2 Page 8 of 8 I ,-.. ., i : I i l .,.,, .. ,,,,,,, .. I ,1 i --------___,-:, t• ..