HomeMy WebLinkAbout1989-07-11; City Council; 10113; Buena Vista Channel Maintenance DistrictCIT”” OF CARLSBAD - AGENP” BILL
PROPOSED FORMATION OF THE 1 DEPT. U/M BUENA VISTA CEANNEL MAINTENANCE DISTRICT
RECOMMENDED ACTION:
1. Approve Resolution No. 89-218 adopting a map showing area of benefit and ordering the preparation of a report.
2. Approve Resolution No. 89-219 approving a proposed resolution of intention and requesting consent and jurisdiction.
ITEM EXPLANATION:
The Buena Vista Creek Channel empties into the Buena Vista lagoon. The channel requires periodic cleaning by the owners of the property on which the channel is located. The periodic cleaning is necessary due to the over growth and collection of silt that impedes the free flow of water in the creek.
The Creek, although nominally separating the City of Carlsbad and the City of Oceanside, in fact meanders through several areas of maintenance responsibility. From East to West they are as follows:
1. Haymar Bridge (east of ECR) to Haymar Bridge at Penny's -City of Carlsbad
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2. Haymar Bridge to length of their property - Plaza Camino Real
3. Hughes Property to Jefferson Bridge - Hughes - North County Associates
4. Jefferson Bridge to lagoon - City of Carlsbad
In the past, the areas of the channel have been cleaned by the several owners at various times by various methods, and the lack of a coordinated, regularly scheduledmaintenance program has resulted in the City receiving continuous complaints of flooding and ultimately leading to a proposed nuisance abatement hearing.
The present property owners, Plaza Camino Real and Hughes North County Associates have requested the City form a Maintenance District based on the "Benefit Assessment Act of 1982" for the purpose of establishing an effective consistent means of channel clearing.
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A portion of the private property to be assessed is located in the City of Oceanside. City staff has discussed the maintenance of the creek channel and the proposed assessment district with City of Oceanside staff on several occasions. Oceanside staff is in support of the recommended action and will be recommending that the Oceanside City Council approve formation of the assessment district administered by the City of Carlsbad. The Oceanside Council will consider a resolution consenting to the formation of a benefit assessment district under the jurisdiction of the City of Carlsbad at their July
12, 1989 Council meeting.
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. 89-218 adopting a map showing area of benefit and ordering the preparation of a report. 2. Resolution No.89-219 approving a proposed resolution of intention and requesting consent and jurisdiction.
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RESOLUTION NO. 89-218
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOWING
AREA OF BENEFIT AND ORDERING THE PREPARATION
OF A REPORT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, at this time proposes to initiate proceedings for
the levy and imposition of assessments upon benefited property
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 (hereinafter referred to as the "Benefit
Area"); and,
WHEREAS, at this time a map has been submitted showing and
describing the boundaries of the Benefit Area and parcels
proposed to be assessed for benefit assessments for purposes to
raise revenue to finance certain authorised flood control mainte-
nance and operation costs; and,
WHEREAS, this legislative body is now desirous to order the
preparation of a Report relating to the proposed annual assess-
ments as authorised by Section 54716 of the Government Code of
the State of California.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That the public interest and convenience
requires, and this legislative body does propose at this time to
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initiate proceedings to levy and impose benefit assessments to
finance the maintenances and operation costs related to the
following:
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.
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 as
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.
SECTION 4. That the original map of said proposed
boundaries of the Benefit Area shall be filed in the Office of
the City Clerk.
SECTION 5. That this improvement is hereby referred to the
UTILITIES AND MAINTENANCE DIRECTOR, the appointed ENGINEER OF
WORK, who is hereby directed to make and file a Report generally
containing 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;
8. 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;
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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 shall be identified by a
distinctive number of letter. The lines and dimensions of each
lot shall conform to those on the County Assessor's map for the
to which the Report applies: fiscal year
D. The amount of the proposed assessment for
each parcel . i
E. The basis and schedule for the levy of the
proposed assessments.
SECTION 6. That upon completion'of the preparation of said
Report, the original shall be filed in the Offices of the City
Clerk, who shall then submit the same to this legislative body
for its review and consideration.
SECTION 7. That the above Report shall include all costs
and expenses relating to the fiscal year commencing July 1, 1989
and ending June 30, 1990.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 11th day
of July , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
ALETHA L.
(SEAL)
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RESOLUTION NO. 89-219
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PROPOSED
RESOLUTION OF INTENTION AND REQUESTING CONSENT
AND JURISDICTION
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, proposes to initiate proceedings relating to the
levy and imposition of benefit assessments as set forth and
described in the proposed Resolution of Intention attached
hereto; and it is the opinion of this legislative body that the
purpose sought to be accomplished by said levy of benefit assess-
ments can best be achieved by a single comprehensive levy of
assessments, with proceedings conducted pursuant to the provi-
sions 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 (hereinafter
referred to as the "Benefit Area"); and,
WHEREAS, it is required and hereby further requested that
the consent of the CITY OF OCEANSIDE, CALIFORNIA (hereinafter
referred to as "Consenting Agency") be procured to the assessing
of benefited parcels, all as described in the proposed Resolu-
tion of Intention, a copy of which is attached hereto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That the City Council hereby declares its inten-
tion to adopt and approve the proposed Resolution of Intention
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attached hereto, for the purpose of assessing of benefit parcels
in the Benefit
Agency is hereby
Area, and that the consent of the Consenting
requested for the following:
1. Formation of the Benefit Area;
2. Authority to maintain improvements, as
appropriate;
legislative body
Area;
3. Power to assess benefited properties:
4. The assumption of jurisdiction by this
for all purposes in connection with the Benefit
5. The consent and approval of the enclosed
proposed Resolution of Intention; and,
6. Consent to and approval of the map for-
warded indicating the extent of territory included in the
proposed Benefit Area.
SECTION 3. The City Clerk is hereby directed to forward a
certified copy of this Resolution, together with the proposed
Resolution of Intention attached hereto, and a copy of the map
indicating the extent of the territory included in the proposed
Benefit Area to the Consenting Agency.
SECTION 4. A portion of the works of maintenance and of
the properties to be assessed lie not only within the boundaries
of this City, but also exclusively within the jurisdictional
boundaries of the Consenting Agency.
SECTION 5. That the City agrees to hold harmless and
indemnify the Consenting Agency, its officers and employees,
from any and all causes of action, claims, losses or damages
which may arise, directly or indirectly, from the action of the
Consenting Agency in reviewing and granting its consent to the
formation of the proposed Benefit Area.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at its regular meeting held on the 11th day
of July , 1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
fiPaiL &f Q;dAL ALETHA L. RAUTENRRANZ, City
(SEAL)
-Exhibit to Resolution No. 89-219
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RESOLUTION NO.
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:
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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, design.ated 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
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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 bo:ndaries
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 authorised 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
addresses appear on the last equalized 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 C MAINTENANCE SUPERVISOR
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: ( 619) 438-7753
SPECIAL COUNSEL SE.RVICES
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 the
City of Carlsbad at its regular meeting held on the day
of , 1989, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE
(819) 434-2808
July 17, 1989
Barbara K. Bishop-Smith
City Clerk
704 Third St.
Oceanside, CA 92054
RE: FORMATION OF BUENA VISTA CHANNEL MAINTENANCE DISTRICT
The Carlsbad City Council, at its meeting of July 11, 1989, adopted
Resolution No. 89-219, approving a proposed resolution of intention
and requesting consent and jurisdiction required for the formation
of the Buena Vista Channel Maintenance District.
Enclosed for your records, in accordance with Section 3 of the
Resolution, is a certified copy of Resolution No. 89-219 and a copy
of the map showing the proposed boundaries of the benefit area.
We request that you please forward to this office a copy of the
documents adopted by the Oceanside City Council consenting to the
formation of the district.
LEE RAUTENKRANZ-
City Clerk
LR:kk
Encs.
CITY OF OCEANSIDE
CHARLES R. REVLETT
CITY ATTORNEY
DEBRA E. CORBETT
ASSISTANT CITY ATTORNEY
TO:
Date: July 18, 1989
TRANSMITTAL LETTER
City of Carlsbad Attn: City Clerk
VERA M. I. TODOROV
DEPUTY CITY ATTORNEY
JOSEPH L. STINE
DEPUTY CITY ATTORNEY
ELIAS J. SANCHEZ
LEGAL ASSISTANT
SUBJECT: Buena Vista Creek - Benefit Area
The following items are transmitted: (X) herewith ( ) under separate cover
Number of copies (1)
DESCRIPTION: Certified copy of Resolution No. 89-248, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCEANSIDE, CALIFORNIA GRANTING CONSENT TO THE FORMATION OF A BENEFIT AREA"
The above items are submitted for your:
( ) Files ( ) Review ( ) Approval ( ) Information
( ) Per contract dated: (x) 3er your request ( ) Subpoena Duces Tecum ( ) Discovery Motion ( ) Other
General Remarks: A copy of the Resolution has been sent to your City Attorney. In addition, a copy was sent, via FAX, to Virginia McCoy at approximately 1:00 PM today.
cc: Barbara K. Bishop-Smith City of Carlsbad, City Attorney
Transmitted by: ml for Debra Corbett
3.%‘1 NORTH NEVADA l OCEANSIDE. CA 92054. FAX 61 s-721-5204 l PHONE 61 s-439-7306
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CHARLES R. REVLETT CITY ATTORNEY
Oceanstde. C&f.
Telephone 439-7306
RESOLUTION NO. 89-248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OCEANSIDE, CALIFORNIA, GRANTING CONSENT TO THE FORMATION OF A BENEFIT AREA
WHEREAS, the legislative body of the City of Carlsbad,
California, has proposed the adoption of a Resolution of Intention
for the levy and imposition of benefit assessments, with proceed-
ings conducted pursuant to the provisions of the "Benefit Assess-
ment Act of 1982", being Chapter 6.4, Division 2, Title 5 of the
Government Code of the State of California, commencing with Sec-
tion 54703, said area of benefit being known and designated as
BENEFIT AREA NO. 1 (hereinafter referred to as the "Benefit
Area"); and,
WHEREAS, said City did, by said Resolution, further request
the consent of this body to the adoption of said Resolution of
Intention and to the granting of consent to allow the project to
proceed; and,
WHEREAS, at this time this City is in agreement that the
public interest and convenience requires the works of maintenance
to be performed, and that said works of maintenance can most
conveniently be accomplished through a single comprehensive pro-
ceeding, with said proceedings being conducted by the City of
Carlsbad.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1, That the above recitals are all true and correct.
SECTION 2. That the public convenience and necessity require
the imposition and levy of benefit assessments referred to in the
proposed Resolution of Intention for the works of improvement,
together with appurtenances, in said Benefit Area.
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CHARLES A. REVLETT
CITY ATTORNEY
Oceansde. Calil.
Telephone 439.7306
SECTION 3. That this City Council does hereby grant its
consent
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4.
5.
6.
to the following:
Formation of the Benefit Area;
Authority to maintain improvements, as appropriate;
Power to assess benefited properties:
The assumption of jurisdiction by the City of Carlsbad for all purposes in connection with the Benefit Area:
The consent to and approval of the proposed Resolution of Intention submitted;
Consent and approval to the map forwarded indicating the extent of territory included in the proposed Benefit Area.
SECTION 4. That said proceedings are 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.
SECTION>. That the City Clerk is hereby directed to certify
a copy of this Resolution to the City of Carlsbad.
AYES:
NAYS:
ABSENT
BAGLEY, WILLIAMSON, CHAVEZ, RAMSEY, BISHOP
NONE
. . NONE
ABSTAIN: NONE
PASSED AND ADOPTED by the City Council of the City of
Oceanside, California, this 12th day of July I 1989, by the
following vote:
TEST: n
1 of Oceanside
APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Byk~~
Assistant City A torney
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