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Home My WebLink About1986-09-23; City Council; 8772; Buena Vista Channel Maintenance DistrictCIT-3F CARLSBAD - AGENDF-WLL AB# 8772 TITLE: MTG.9/23/86 DEPT. A-D- Y BUENA VISTA CREEK DEPT. HD. ASSESSMENT DISTRICT CITY ATTY\& FEASIBILITY STUDY CITY MGR.a RECOMMENDED ACTION: By minute motion, authorize staff to proceed with feasibility study. ITEM EXPLANATION: Siltation of the Buena Vista Lagoon and Buena Vista Creek has long been recognized as a problem. Currently, Plaza Camino Real is responsible for the maintenance of the Buena Vista Creek channel through their property. Hughes North County Associates plans to build a shopping center immediately to the west and has been conditioned to maintain their portion of the channel. Because these maintenance costs are high and are caused, in part, by silt from upstream properties, the owners have requested that the City initiate a study of the feasibility of an assessment or maintenance district. The study would determine if a district is feasible, the best type of district, which properties should be included and what the cost of forming a district would be. On July 14, 1986, the Buena Vista Lagoon Planning Committee agreed to request the Law Offices of F. Mackenzie Brown prepare the feasibility study. Mr. Brown is well qualified in assessment districts and has assisted the City with a number of them. FISCAL IMPACT: Mr. Brown's fee will not exceed $5,000.00. All of the fee will be paid by Plaza Camino Real and Hughes North County Associates. EXHIBITS: 1. Letter dated August 13, 1986 requesting the study. 2. Letter agreement dated August 22, 1986. LAW OFFICES NOSSAMAN,GUTHNER,KNOX 6 ELLIOTT LOB *NGELES THIRTY-FIRST FLOOR 445 50UTH FIGUEROA STREET LOS ANGELES, CA 90071-1635 (213) 612-7900 SAN FRANCISCO THIRD FLOOR 100 THE EMBARCADERO SAN FRANCISCO, CA 94105-1295 (415) 543-2700 CENTER TOWER 650 TOWN CENTER DRIVE SUITE 1250 COSTA MESA, CA 92626-1961 (714) 545-3270 TELECOPIER (714) 545. 0238 WASHINGTON. D. C. SIXTH FLOOR ,140 19r_* STREET. N. W. WASHINGTON, 0. C. 20036-6099 (202) 223-9100 SACRAMENTO SUITE 300 ,010 IKB STREET SACRAMENTO. CA 95814 August 13, 1986 (916) 442-0236 REFER TO FILE NUMBER H0248-000 Mr. Raymond R. Patchett Assistant City Manager City of Carlsbad 1200 Elm Avenue Buena Vista Creek Assessment District Feasibility Study Dear Mr. Patchett: As you know, our client, Hughes North Country Associates ("Hughes"), has held several discussions with staffmembers of the cities of Carlsbad, Oceanside and Vista regarding the formation of an assessment district to fund the control of flooding and sedimentation in the Buena Vista Creek watershed. Hughes and Plaza Camino Real have agreed to provide up to $5,000 to fund a study on the feasibility of such an approach ("Feasibility Study"). I am writing to propose that the City of Carlsbad ("City") utilize these funds to retain F. Mackenzie Brown to prepare the Feasibility Study. On July 14th, 1986, the Buena Vista Lagoon Joint Planning Committee agreed to request that Mr. Brown prepare the Feasibility Study. This request was directed to the California State Coastal Conservancy; Mr. Brown has since advised us, however, that his existing relationship with the City makes it preferable for him to continue to work with you, rather than forming a new association with an outside agency. Attached is a draft three-party agreement among the City, Hughes, and Mr. Brown, which sets forth the a -+ j . NOSSAMAN,GUTHNER,KNOX 6 ELLlOTT A .! Mr. Raymond R. Patchett Re: Buena Vista Creek Feasibility Study August 13, 1986 Page 2 obligation of Hughes and Plaza Camino Real to fund the Feasibility Study and the City's role as supervisor. I would welcome your comments and suggestions concerning the agreement. If you have any questions, or if I can be of any further assistance, please do not hesitate to contact me. Very truly yours, . 9-G i JOM/OO29J NOSSAMAN, GUTHNER, KNOX b ELLIOTT cc: Mr. Williiam Hughes Mr. Thomas Purcell F. Mackenzie Brown, Esq. Solomon Fisher, Esq. Lindell L. Marsh, Esq. 3 F. MACKENZIE BROWN INCORPORATED PO sax 8025 SAN DIEGO ,619) 4S6-191s FAIRBANKS RANCH PLAZA ORANGE ,714, 551-1915 RANCH0 SANTA FE. CALIFORNIA 92OG7 LOS ANGELES I2131 587-1915 VENTURA 1805) 653-19,s RIVERSIDE (714, 359-5489 F. MACKENZIE BROWN RONALD E. NULL. .4.P.C WARREN 6. Dl”EN August 22, 1986 California State Coastal Conservancy 1330 Broadway, #llOO Oakland, CA 94612 Hughes North County Associates Two Corporate Plaza Newport Beach, CA 92660 Plaza Camino Real 10738 West Pica Blvd. Los Angeles, CA 90064 RE: BUENA VISTA CREEK ASSESSMENT/MAINTENANCE DISTRICT FEASIBLITY STUDY Gentlemen: When accepted as provided below, this letter shall constitute an agreement ("Agreement") by and among the City of Carlsbad, California ("City"), Hughes North County Associates and Plaza Camino Real (collectively, "Landowners") and F. Mackenzie Brown, ("Consultant"). City is a city in San Diego County in which part of the watershed of Buena Vista Creek is located. The remainder of the watershed is located in the cities of Ocean- side and Vista. City desires to study equitable solutions for funding the control of sedimentation and flooding problems affecting the Buena Vista Creek, Buena Vista Lagoon and surrounding areas ("Study Area"). Landowners own or occupy lands adjacent to the Buena Vista Creek in the cities of Carlsbad and Oceanside, near the Buena Vista Lagoon. Significant amounts of upstream sediment is deposited in Buena Vista Creek at its boundary with Landowners' lands; the Creek is also subject to periodic floodins. Landowners support a Study ieir Areawide maintenance system to'help solve these problems and preclude tl recurrence. ion. Consultant is an attorney with broad experience in assessment district format He has worked with the three local governments in the Study Area. In consideration of the mutual covenants and agreements set forth herein, parties agree as follows: the 1. Consultant shall conduct a study to determine the feasibility of forming an assessment and/or maintenance district in the Study Area. The study shall consider the most advantageous form of district, the property which should be included in a district, costs of formation, and other factors which Consultant, EXHIBIT 2 AL @qii%L F. MACKENZIE BROWN INCORPORATLD BUENA VISTA CREEK FEASIBILITY STUDY Page Two City and the Landowners determine to be important. Consultant agrees to work with City to ensure that his approach is compatible with, and takes into account, the present and proposed activities of City, the cities of Oceanside and Vista, the California State Coastal Conservancy, and other public agencies within the Study Area. 2. City shall supervise Consultant's work and cooperate in the preparation of the study. 3. At the direction of City, Landowners shall pay 9 to $5,000.00 for Consultant to prepare the study. Upon completion of the study or, at Consultant's discretion, on a monthly basis, Consultant shall deliver to City an invoice for and an itemi- zation of Consultant's services for City's reasonable approval, which shall be granted (or the invoice shall be deemed approved) within five days of receipt thereof. Upon approval of the invoice, City shall direct the Landowners to pay Consultant. 4. In the event of the termination of this Agreement for any reason, Consultant shall deliver to City all work in progress, supporting documents, studies, materials, records, papers, whether completed or not, related to the study, and Consultant shall be paid for the reasonable value of the services performed under this Agreement up to the date of termination. "Consultant" FMB:bd AGREED AND ACCEPTED: 'ICity" City of Carlsbad By: Title: Date: ‘ . .A&9 @+ F. MACKENZIE BROWN INCORPORATED BUENA VISTA CREEK FEASIBILITY STUDY Page Three "Landowners" Hughes North County Associates By: Title: Date: Plaza Camino Real By: Title: Date: