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