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HomeMy WebLinkAbout1989-07-18; City Council; 10146; Buena Vista Channel Maintenance DistrictCl- OF CARLSBAD - AGENll-‘BILL AB# /q,lG6 TITLE: MTQ. T/18/89 DEPT. U/M PROPOSED FORMATION OF THE BUENA VISTA CEANNEL MAINTENANCE DISTRICT RECOMMENDED ACTION: 1. Approve Resolution No. f%@d 1 ec aring intention to levy annual assessments, setting a time and place for a public hearing and approving report of the Engineer and letter of attachment for legal services. ITEM EXPLANATION: At the June 11, 1989 meeting, Council approved Resolution No. 89-218A adopting a map showing area of benefit and Resolution No. 89-219A declaring the Council's intention to approve a resolution of intention and requesting consent and jurisdiction for the formation of the Buena Vista Channel Maintenance District. The purpose of the district will be to provide a effective, consistent means of clearing the channel which is located between El Camino Real and the Jefferson bridge, and which ultimately flows into the Buena Vista Lagoon. In the past, the lack of a coordinated, regularly scheduled maintenance program has resulted in the City receiving continuous complaints of flooding and ultimately leading to a proposed nuisance abatement hearing. The present property owners of the land adjacent to the channel, Plaza Camino Real and Hughes North County Associates have requested the City to form the Benefit District and manage an effective maintenance program to avoid such problems in the future. FISCAL IMPACT: There will be no cost to the City if Council approves the formation of the.Buena Vista Channel Maintenance District for those portions of the channel within the ownership areas of Hughes North County Associates and Plaza Camino Real. Assessments from the property owners will support the cost of maintenance and include a five percent (5%) margin for staff services. The estimated cost to clean the channel every three (3) years is $300,000. Annual assessments will generate $100,000 with Hughes North County Associates bearing 44.9% of the costs and Plaza Camino Real 55.1% of the costs. EXHIBITS: 1. Resolution No. 8% 253 d ec aring 1 intention to levy benefit assessments, setting a time and place for public hearing and approving Report of Engineer and letter attachment for legal services. 2. Engineer's Report 3. Cost estimate from the law firm of Brown & Diven for legal services. RESOLUTION NO. 89-250 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO LEVY ANNUAL BENEFIT ASSESSMENTS, SETTING A TIME AND PLACE FOR A PUBLIC HEARING, AND APPROVING REPORT OF ENGINEER WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings relating to the levy and imposition of benefit assessments pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, said area of benefit being known and designated as BENEFIT AREA NO. 1 (herein- after referred to as the "Benefit Area"); and, WHEREAS, there has now been presented the Report as required and previously authorised, and this legislative body is now satisfied with the levy of the assessments and is desirous to proceed to authorise a time and place for a public hearing. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and this legislative body does propose at this time to initiate proceedings to levy and impose benefit assessments to finance the maintenance and operation costs related to the following: 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 All necessary work and services for the mainte- nance and drainage of the BUENA VISTA CREEK CHANNEL between JEFFERSON STREET and EL CAMINO REAL, including the removal of sediment, vegetation and other debris and all other works of maintenance. For a full and detailed desfcription of the services to be funded by the imposition of the special assess- ments, reference is hereby made to the "Report" approved by this Resolution and on file in the Office of the City Clerk. BOUNDARIES OF BENEFIT AREA SECTION 3. That said work and services will provide a special and direct benefit to the property and parcels of land within the boundaries of the Benefit Area, and the map submitted herewith, showing the boundaries of the Benefit Area and lands and properties to be assessed, designated as "BOUNDARIES OF BENEFIT AREA NO. l", is hereby approved and adopted. ASSESSMENTS SECTION 4. The public interest and convenience requires, and it is the intention of this legislative body to order and levy annual assessments for the maintenance and/or servicing of the above improvements, and it is further determined that the benefit assessments are not taxes for the general benefit of the government of this City, but are assessments to be levied for services which confer special benefits upon the properties to be assessed and to which the services are so provided. REPORT OF ENGINEER SECTION 5. That the Report, as presented, is hereby approved and is ordered to be kept on file in the Office of the -. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City clerk as a permanent record and to remain open for public inspection. Said Report generally consists of the following: A. A description of the service proposed to be financed through revenue derived from the levy and collection of the annual special assessment; B. A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number; C. A diagram showing the exterior boundaries of the Benefit Area, the boundaries of any zones with the Benefit Area and the lines and dimensions of each lot or parcel within the Benefit Area. Each parcel is identified by a distinc- tive number or letter. The lines and dimensions of each lot conform to those on the County Assessor's map for the fiscal year to which the Report applies; D. The amount of the proposed assessment for each parcel; E. The basis and schedule for the levy of the proposed assessments. PUBLIC HEARING SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 8TH DAY OF AUGUST, 1989, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEGISLA- TIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVY AND IMPOSITION OF ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE COSTS AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANCE AND -. OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERVICES. ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS AND ALL MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE PUBLIC HEARING. PUBLIC AND UTILITY PROPERTY SECTION 7. That it is hereby determined that public property owned by any public agency and in the use and perfor- mance of a public function and which is included within the boundaries of the Benefit Area shall be omitted and exempt from any assessment made under these proceedings. If any railroad, gas, water or electric utility right-of-way shall be included within the boundaries of the Benefit Area and subject to assess- ment, in determining the extent of benefit it shall be presumed that its use as a utility shall be permanent. NOTICE SECTION 8. That the City Clerk is hereby authorized and directed to give notice as follows: A. A copy of this Resolution of Intention shall be published in the CARLSBAD JOURNAL, a newspaper of general circulation within said City; said publication to be completed not less than ten (10) days prior to the date set for the public hearing. B. A copy of this Resolution of Intention shall be mailed by first-class mail, postage prepaid, to all property owners within the Benefit Area whose names and :. 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 -. addresses appear on the last equalised County assessment roll, said mailing to be completed not less than twenty (20) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES SECTION 9. For any and all information relating to these proceedings, including information relating to the protest proce- dure, your attention is directed to the person designated below: RALPH ANDERSON UTILITIES & MAINTENANCE SUPERVISOR CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 TELEPHONE: ( 619) 438-7753 SPECIAL COUNSEL SERVICES SECTION 10. That the letter agreement for Special Counsel services submitted herewith by Brown & Diven, Attorneys at Law, is hereby accepted and approved for execution. PASSED, APPROVED AND ADOPTED by the City Council of City of Carlsbad at its regular meeting held on the 18th of JUlY , 1989, by the following vote, to wit AYES: Council Members Lewis, Kulchin, Pettine, Mamaux an NOES: None ABSENT: None ATTEST: ALETHA L. (SEAL) the day . AGENCY: CITY OF CARLSBAD PROJECT: BUENA VISTA CREEK MAINTENANCE DISTRICT TO: CITY COUNCIL CITY OF CARLSBAD STATE OF CALIFORNIA REPORT PURSUANT TO "BENEFIT ASSESSMlWl! ACT OF 1982" Pursuant to direction from the City Council, submitted herewith is the "Report*', consisting of the following documents, pursuant to the provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703. This "Report"is applicable for the ensuing twelve-month period, being the fiscal year commencing July 1, 1989 to June 30, 1990. 1. DESCRIPTION OF SERVICE (Exhibit "A"): A description of the service proposed to be financed through revenue derived from the levy and collection of the annual special assessment. 2. COST ESTIMATE (Exhibit "B"): A listing of all costs and expenses for the next fiscal year, including incidental expenses. 3. ASSESSMENT SCHEDULE (Exhibit "C"): The annual assessment schedule, setting forth the following: A. Annual Assessment: The amount of the proposed assessment for each parcel. 8. Description of Parcel: A description of each lot or parcel of property proposed to be subject to the benefit assessment, said parcel being described by the County Assessor's parcel number. 4. DIAGRAM OF AREA OF BENEFIT (Exhibit "D"): A diagram showing the exterior boundaries of the area of benefit, the boundaries of any zones within the area of benefit and the lines and dimensions of each lot or parcel within the area of benefit. Each parcel shall be identified by a distinctive number or letter. The lines and dimensions of each lot shall conform to those on the County Assessor's map for the fiscal year to which the "Report" applies. 5. METHOD OF SPREAD (Exhibit "E"): The basis and schedule for the levy of the proposed assessments. No assessments shall be imposed or levied upon land owned by a Federal or State governmental agency and/or any other local agency. Any utility property and right-of-way shall be subject to assessment only to the extent that it is specifically benefited from the proposed services. Executed this day of sbad, California. CITY OF CARLSBAD STATE OF CALIFORNIA Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's "Report" was made on the day of r 1989, by adoption of Resolution No. by the City Council. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA A copy of said Assessment Roll and Engineer's "Report" was filed in the Office of the City Engineer and the City Clerk on the day of , 1989. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA -. EXBIBIT “A” DESCRIPTION OF SERVICE The work will consist of periodic cleaning of the overgrowth and silt that impedes the free flow of water in the creek channel. A typical method of removal would be by utilization of dredging equipment consisting of a drag line and/or muck pump. EXBIBIT "B" COST ESTIMATE A. COST OF ANNUAL MAINTENANCE B. INCIDENTAL EXPENSES C. TOTAL ANNUAL COSTS D. CONTRIBUTION E. BALANCE TO ASSESSMENT $ 95,ooo.oo $ 5,ooo.oo $100,000.00 $ 0.00 $100,000.00 - A -. EXHIBIT "C" ASSESSMENT SCHEDULE WHEREAS, this City Council has previously, pursuant to the terms and provisions of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the Government Code of the State of California, commencing with Section 54703, adopted the Resolution ordering the preparing and filing of a llReportt', all in accordance with the provisions of said Act; and, WHEREAS, said lfiReportl' consisting of certain documentation, including the amount of the proposed assessment for each parcel, a description of the parcel and a description of the service proposed to be provided, has now been prepared. NOW, THEREFORE, the appointed UTILITIES AND MAINTENANCE DIRECTOR, by virtue of the power vested pursuant to said Act and by order of the legislative body, hereby makes and recommends the following assessment to cover the costs and expenses of the service proposed to be financed through the levy of assessments and revenue derived for the next fiscal year. Said costs and expenses are generally as follows: COST ESTIMATE COST OF MAINTENANCE $ 95.000.00 COST OF IMPROVEMENTS $ 0.00 INCIDENTAL EXPENSES $ 5.000.00 TOTAL COSTS $ 100.000.00 CONTRIBUTION/SURPLUS $ 0.00 BALANCE TO ASSESSMENT $ 100.000.00 A diagram is attached hereto showing the area of benefit and the boundaries and dimensions of the respective parcels of land proposed to be assessed for the service work to be provided. I do hereby assess and apportion the total amount of the costs and expenses upon the several parcels of land within the area of benefit in proportion to the estimated benefits received, and hereby further state as follows: A. The amount of any assessment imposed is specifically related to the benefit of the parcel witch will be derived from the provision of the service to be provided. B. The annual aggregate amount of the total assessment shall not exceed the estimated annual cost of providing the service. C. The revenue derived form the assessment shall not be used to pay for the cost of any service other than the service for which the assessment was levied. The assessment parcels herein refer to the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned by any formula in accordance with the benefits received form each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance works of improvement. Where, and if applicable, different zones for different areas of benefit have been established, and a different method of spread was used, if applicable for differing degrees of benefit. In the opinion of the undersigned, In the opinion of the undersigned, the assessments have been spread the assessments have been spread and apportioned in accordance with the benefits to be received from and apportioned in accordance with the benefits to be received from the proposed work and services. the propofed work and services. Dated: Dated: kk . 1 UT-TIES AND MAINTENANCE DIRECTOR D MAINTENANCE DIRECTOR CITY OF CARLSBAD CITY OF CARLSBAD STATE OF CALIFORNIA STATE OF CALIFORNIA The assessments are those as confirmed in column I, unless a different figure appears in column II, as modified. ASSESSOR'S PARCEL NO./ ASSESSMENT NUMBER OWNER AMOUNT OF ASSESSMENT ASSESSMENT AS MODIFIED 156-120-56 Hughes North County Assoc 156-301-07 Plaza Camino Real 156-301-08 Plaza Camino Real 156-301-09 Plaza Camino Real 156-301-12 Plaza Camino Real 156-301-15 Hughes North County Assoc 156-302-02 Plaza Camino Real 156-302-03 Plaza Camino Real 156-302-04 Plaza Camino Real 156-302-05 Plaza Camino Real 156-302-06 Plaza Camino Real 156-302-07 Plaza Camino Real 156-302-08 Plaza Camino Real 156-302-09 Plaza Camino Real 156-302-10 Plaza Camino Real 156-302-12 Plaza Camino Real 156-302-15 Plaza Camino Real 156-302-16 Plaza Camino Real 156-302-18 Plaza Camino Real 156-302-19 Plaza Camino Real 156-302-20 Plaza Camino Real 156-302-21 Plaza Camino Real 156-302-22 Plaza Camino Real 156-302-26 Plaza Camino Real 156-302-27 Plaza Camino Real 156-302-30 Plaza Camino Real $22,450.00 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $22,450.00 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 $ 2,295.84 . 4 4 a : M 4 .o F -3 L .Is I 8 i 92 I lb 4 @ J! cl k 0 5 .6 I .a , I . . 5 v d L 1 0 z 5 \11 ri / 4 “a + “--.7 EXHIBIT "E" METHOD OF SPREAD The law requires and the statutes provide _ _ that assessments, as levied pursuant to the provisions of the "Benefit Assessment Act of 1982", must be based on the benefit that the properties receive from the works of improvement. The statues does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for he purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the Utilities and Maintenance Director will be performing the services of the Assessment Engineer. The Assessment Engineer then makes his recommendation at the public hearing on the Maintenance District, and the final authority and action rests with the City after hearing all testimony and evidence presented at the public hearing. Upon the conclusion of the public hearing, the City must make the final action in determining whether or not the assessment spread has been made in direct proportion to the benefits received. First of all, it is necessary to identify the benefit that the public improvement will render to the properties within the boundaries of the Maintenance District. The Assessment Engineer has determined that each of the property owners is responsible for maintaining that portion of the total channel which lays within their respective ownership and that the property owners own portion of the channel to be maintained as follows: Plaza Camino Real 55.1% Hughes North County Associates 44.9% In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished form that of the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. The Assessment Engineer has determined that each property owner receives benefit in proportion to their ownership of the channel and the work to be performed on their own respective portions of the channel. Therefore, the assessment is proposed to be spread based upon the ownership of the channel to be maintained within the private property ownership. Plaza Camino Real will bear 55.1% of the costs and Hughes North County Associates will bear 44.9% of the costs. The property owners have agreed that this assessment spread represents a fair and equitable sharing of costs and fairly represents benefits received. In conclusion, it is my opinion that th District have been spread in direct parcel re eives from the works of im DATED: &!@fp , 1989. for the Maintenance e benefits that each STATE OF CALIFORNIA LAW OFFICES BROWN & DIVEN F. MACKENZIE BROWN W*RREN 8. Dl”EN DANIEL S. HENTSCHKE ROBERT A. OWEN July 10, 1989 City Council City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 RE: BENEFIT AREA NO. 1 Dear Councilmembers: This letter will act as a proposal and agreement to provide legal services to the City in connection with the proposed imposition of benefit assessments pursuant to the provisions and authority of the "Benefit Assessment Act of 1982", being Chapter 6.4, Division 2, Title 4 of the Government Code of the State of California; said area of benefit being known and designated as BENEFIT AREA NO. 1 (hereinafter referred to as the "Benefit Area"). The services under this Agreement shall generally be the following: 1. Preparation of all resolutions, notices and other papers and documents required in the proceedings; 2. Examination of the proceedings, step by step, as taken; 3. Appear at hearings under the proceedings, and attend meetings where attendance is required; 4. Review the Report of the Engineer as it relates to the proceedings; 5. Review and examine the proposed boundary map and assessment diagram; 6. Review the method and formula utilized by the Engineer for the spread of the benefit assessment; 7. Offer instruction and advice in connection with any of the foregoing; 8. Any other customary legal services necessary for the formation of the Benefit Area. 12770 HlG” BLUFF DRIVE, S”,TE 240 SAN DIEGO, CALIFORNIA 92130 TELEPHONE (619) 456-1915 FACSIMILE f619l 259-0292 IB CORPORATE PLAZA. NEWPORT CENTER NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (7141 SS,-,915 FACSIMILE 1714, 759-1934 I- LAW OFFICES BROWN & DIVEN - -. City Council City of Carlsbad July 10, 1989 Page Two Counsel shall be paid a fee generally as follows: A fee based upon an hourly rate of $105.00 per hour, not to exceed $2,500.00. In the event the proceedings are terminated or abandoned prior to a successful confirmation, Counsel shall be paid a reasonable fee for services rendered to date based upon an hourly rate of $105.00 per hour, not to exceed $1,500.00.. The City agrees to furnish to Counsel maps and other documents and proceedings as are available and required by Counsel in the performance of his services. Counsel further states that he does not represent clients with any adverse interest to the City as it relates to the formation of the Benefit Area. I look forward to working with the staff on the proceedings for the Benefit Area. Very truly yours, OBERT A. OWEN APPROVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, THIS 18th DAY OF July , 1989. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA