HomeMy WebLinkAboutWaterways: Huntington Harbor Proposed Maintenance District 1 i
r REQUEEW . FOR CITY COUNCI( , ACTION 103 (,�
Date May 29, 1985
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I/ Submitted to: Honorable Mayor and City Council Y, GpY3 .
Ow
Submitted by: Charles W. Thompson, City Administrate 'A.?'FVL �„ A
Prepared by: Paul E. Cook, Director Public Works
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Subject: CLEAN WATER IN HUJTINGTON HARBOUR
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception i'�e�
30
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: ( !�
STATEMENT OF ISSUE:
The California Water Quality Control Board is considering a study of water quality,
within the waters. of Huntington Harbour, in their 1986 budget.
RECOMMENDATION:
Adopt:.the attached resolution urging the State Water Quality Control Board to include
funds in their 1986 budget for a comprehensive study of water quality in Huntington
Harbour.
ANALYSIS:
The California Water Quality Control Board is considering their 1986 budget which .
includes an expenditure for a comprehensive study of water quality in Huntington
Harbour. Past studies of the quality of channel water in Huntington Harbour has shown
that toxicity and pollution is steadily rising.
There is a definite need for a study of water quality in Huntington Harbour and the
State Water Quality Control Board is an appropriate agency to conduct such a study.
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ALTERNATIVES
Do not adopt the attached resolution.
FUNDING SOURCE:
There are no City funds involved in the recommended action.
ATTACHMENTS:
Resolution.
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PIO 4/84
REQUES FOR CITY COUNCIL ACTION
Date March 14 , 1984
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrato 9► ` "� it
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Prepared by: ul E. Cook, Director of Public Work �
a il Hutton, City Attorney d 1"
Subject: Legal Services for Huntington Harbour Waterways Maintenance
Assessment District
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Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Legal services with special expertise in assessment district law are
required to proceed with the enabling ordinance for the formation of
. the Huntington Harbour Waterways Maintenance Assessment District.
RECOMMENDATION:
Approve the attached proposal from F. Mackenzie Brown to perform special
counsel services for the City relating to the preparation of a procedural
ordinance for the formation of a maintenance assessment district for
the channels in Huntington Harbour at a cost not to exceed $2 , 500 .00 .
ANALYSTS:
At your meeting of 2/21/84 , the City Council authorized staff to hire
consultants to prepare necessary reports and documents for the formation
of a waterway maintenance district in Huntington Harbour. One of the
necessary consultants is special legal counsel to draft the enabling
ordinance for this project. F. Mackenzie Brown is recognized as the
leading assessment district attorney in the State.
ALTERNATIVE ACTIONS:
Do not authorize contracting these special legal services.
-FUNDING SOURCE:
Public Works Operating Accounts to be reimbursed upon the formation of
the Maintenance Assessment District.
ATTACHMENTS:
Proposal from F. Mackenzie Brown
CWT:PEC:GH: jy
P10 4/81
LAW OFFICES OF
F. MACKENZIE BROWN, INC.
P O.BOX 8025
FAIRBANKS RANCH PLAZA.SUITE J
RANCHO SANTA FE,CALIFORNIA 92067 LOS ANGELES(213)587 4755
F. MacKenzie Brown ORANGE(714)8570464
RIVERSIDE(714)359-5489
Ronald E. Null,A.R C. SAN DIEGO(619)756-5994
March 1 , 1984 C V E
oFpT. OF PUBLIC WORKS
Paul Cook, Director
Department of Public Works MAR 0 51984
City of Huntington Beach
200 Main Street
Huntington Beach, CA 92648 (`jY$T1P(OtDN ® aM' CAL-IF.
RE: HUNTINGTON HARBOR WATERWAYS
MAINTENANCE DISTRICT
Dear Paul :
This letter will act as a proposal to perform special counsel services for the
City relating to the preparation of a procedural ordinance for the formation of a
benefit maintenance district for purposes of keeping the waterways clear in the
Huntington Harbor area in what is known as the Huntington Harbor Waterways
Maintenance District . If the City has designated a different and/or more proper
name, please so advise.
My services, pursuant to this proposal , would include the preparation of the pro-
cedural ordinance, as well as the Resolutions, notices, etc . , necessary for the
initial formation of the maintenance District . In addition thereto, there will
be meetings with staff, consultants and the City Council , as well as attendance
at the required public hearing.
For said services I would propose to work at an hourly rate of $95.00 per hour.
Upon completion of the proceedings for the initial formation of the District, if
desired this agreement could be extended as it relates to further proceedings on
an annual basis for the annual levy of the assessment each subsequent year.
I will be coordinating my activity with Mr. Walt Hamilton (Professional Assess-
ment Services, Inc. ) , and will look forward to working with you and the other
member of the staff and the City Council on this most interesting project .
ery my yours,
F. CKENZIE BROWN
FMB:bd
A VED PIS DAY OF 1984.
PUBLICPAUL COOK, DIRECTOR OF <
CITY OF HUNTINGTON BEACH
i, REQUEST FOR CITY COUNCIL ACTION
Date February 9, 1984
Submitted to: Honorable Mayor and City Council
Submitted by:. C. W. Thompson, City Administrator W"
Prepared by: Paul E. Cook, Director of Public Work�!:�
Subject: Huntington Harbour Waterway Maintenance
0/ / �Ioq� k A P,64-4/Ai,%
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The Huntington Harbour Channels are not adequately maintained and funds are not
available to improve the present level of service.
RECOb a�MTION:
Authorize the preparation- of an ordinance which would allow the creation of a
Waterway Maintenance District under the provisions of the 1972 Streetlighting and
Landscape Act; and authorize hiring consultants to prepare the necessary reports
and documents to create a Waterway Maintenance District in Huntington Harbour.
ANALYSIS:
Recently, the Public Works Department conducted a postcard survey in the Huntington
Harbour area to determine property owners' feelings about forming a maintenance
district for the harbor waterways. Nine hundred fourteen (914) letters were sent
and 431 postcards were returned. The survey included only single family residences
which had harbor frontage. Only 24% of those surveyed opposed the formation of a
maintenance assessment district. Seventy percent (70%) of those responding to the
survey are not satisfied with the cleanliness of the waterways.
Presently, the City contracts with a private firm for debris removal in the harbor.
The contract has an annual cost of $42,000 which is presently shared equally by
the City and the County. The County has indicated that it will no longer participate
after this fiscal year. The City and County are also jointly funding a survey of
the harbor to determine the extent of shoaling and develop estimates for dredging.
Preliminary investigation indicates that in excess. of 35,000 cubic yards of silt
and sand are clogging the channels and should be removed. The cost of dredging is
estimated at ten dollars. a cubic. yard .or $350,000.00.
Should the City wish to pursue a Waterway Maintenance District, the first step in
the process is adoption of an ordinance enabling the City to form an assessment
district under the 1972 Streetlighting and Landscape Act. The next step is adoption
of a resolution proposing the formation- of an assessment district, describing the
improvements and.ordering an Engineer's report to determine the properties to receive
benefit.
FUNDING SOURCE:
All costs incurred in forming an assessment district can be charged against the
district itself. It is estimated that the legal and engineering costs would be
about $20,000.00.
ALTERNATIVE ACTION:
Reject the Waterway Maintenance District proposal and continue to fund waterway
maintenance with General Funds.
r
Request for Council Action
Huntington Harbour Waterway Maintenance
February 9, 1984
Page 2
AZTACFZT:
Prelimnary Study for Maintenance.
CNTr:PDC:LE:Jy
Professional Assessment Services, Inc. F. Mackenzie Brown, Inc.
14252 Culver Drive, Suite A-530 P. 0. Box 8025, Fairbanks Ranch
Irvine, CA 92715 Rancho Santa Fe, CA 92067
PRELIMINARY STUDY FOR MAINTENANCE
OF HUNTINGTON HARBOR WATERWAYS
This submittal , in the form of a joint letter by Professional Assessment Services,
Inc. and F. Mackenzie Brown, Inc. , shall constitute the preliminary study concerning
a possible financing program relating to the formation of a special assessment bene-
fit maintenance district to provide the vehicle to allow continual maintenance of the
Huntington Harbor waterways. Under any proposed assessment district or related
program, it is necessary first to identify the work to be performed and the related
costs, secondly the beneficiaries must be identified, and thirdly the costs and
expenses must be apportioned to the properties receiving the benefits in proportion
to the benefits received.
Huntington Harbor was created in the early 1960's through the recordation of tract
maps in which the traveled waterways were dedicated to the City and portions to the
State of California. The City has maintained the harbor free of trash and debris by
contracting for said services on a yearly basis, with the costs shared with the
County of Orange. This fiscal year the contract cost will be $42,000 and recently
the City was informed that the County will cease participation after this fiscal
year. The current average cost for the 3,000 parcels is $14.00 each per year.
The City has authorized this study to determine an equitable method in which the
harbor could be maintained and to establish a benefit assessment formula. The study
involved the investigation of tract maps, reviewing aerial maps, visual inspection of
the habor, conversing with staff, and tabulating residential and condominium units
and number of slips available.
The investigation revealed that there are approximately 1 ,400 single family units,
1 ,600 condominium units, and 4 major boat landings. One of the landings is under
County jurisdiction and lies within the boundaries of the City of Seal Beach .
Another landing lies within the County of Orange. Within the harbor area there are
approximately 2,500 boat slips.
Should the City Council desire to form a maintenance district, not only for removal
of debris but to ultimately maintain a proper and safe depth, the following would be
recommended as a basis for a formula to assess properties as to benefit received.
The formula should consist of two forms of benefit: (1 ) those who use the waterways,
and (2) those who receive visual enhancement. The major benefit will be derived by
boaters, since safety and welfare is involved while visual enhancement will be rea-
lized by all homeowners by maintaining market values.
There does not appear to be, in the State of California, any existing adequate
general law that would expressly authorize and provide for the continual type of
maintenance work that the City desires. Inasmuch as the City is a charter city, and
as public improvement work, maintenance and the related financing do qualify as a
"municipal affair", the recommendation of this preliminary study would be for the
Preliminary Study for Maintenance
of Huntington Harbor Waterways
Page Two
City to consider the adoption of a procedural ordinance, as authorized by the
California Constitution, to allow charter cities to handle municipal affairs in a
way other than the general law of the State so long as there has not been a previous
State pre-emption.
Any procedural ordinance to be considered would encompass the following authorization
and powers:
1 . The establishment of the area of benefit by the adoption of a boundary map;
2. The authorization and power through consent to do maintenance work and assess
outside the jurisdictional boundaries of the City;
3. Provide for the preparation of a complete Engineer's "Report", which would set
forth the following:
A. Plans .of the maintenance work and/or improvements;
B. Specifications;
C. Cost estimate for fiscal year;
D. Annual assessment per parcel :
E. Diagram map showing all parcels.
4. Establish and set forth a public hearing process, with notice by mail and
publication;
5. Authorize the collection of the assessments on the County tax rolls;
6. Set forth a procedure for the annual levy of each subsequent year;
7. Establish a procedure for the collection and enforcement of delinquent payments;
8. Set forth the powers for the maintenance works of improvement , but also include
certain levels of public improvement work;
9. Indicate that the costs are to be apportioned in accordance with the benefits
received.
The following cost figures set forth a general relationship between parcels and homes
indicating benefit and assessments received:
Each slip $40.00 per year
Bay homes & condos $30.00 per year
Interior homes $20.00 per year
Interior condos $10.00 per year
I
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Preliminary Study for Maintenance
of Huntington Harbor Waterways
Page Three
By using combinations of the above data, individual assessments would be as follows.
Six categories of combined benefits would be as follows:
Bay homes w/slips $70 X 890 = $ 62,300
Interior homes w/slips $60 X 260 = 15,600
Interior homes, no slips $20 X 250 = 5,000
Bay condos w/slips $70 X 680 = 47,600
Interior condos, no slips $10 X 920 = 9,200
Landings w/slips $40 X 700 = 28,000
TOTAL GENERATED PER YEAR $167,700
Assuming the City would double its operation in maintaining debris collection at a
cost of $84,000, the $83,700 excess could be reserved and accumulated over the years i
for future dredging, maintenance, or other related works of improvement .
In conclusion, the above figures are set forth only to show the proposed relationship
between parcels. Any ultimate benefit formula would require further study as any
assessment spread must be based upon a sound foundation, taking into consideration
zoning, lot size, proximity to the water, ability to use the waterways, etc. Any
procedural ordinance to be considered by the City Council would need to provide a
perpetual procedure for the continual maintenance of the works of improvement and
also certain levels of improvement work itself.
We look forward to working further with the City Council and staff if the City
desires to proceed and consider the adoption of a procedural ordinance relating to
the formation of an assessment district to provide a program for the maintenance of
the Huntinqton Harbor waterways.
Very truly yours,
PROFE SIONAL ASSESSMENT SERVICES, INC.
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Walter�E. Hamilton I
F. MAC IRO NC.
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F. Macken Brown
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CITY HALL
SEAL'BEACH.,
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August 20, 1980 V' r�
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Alicia Wentworth, City Clerk
City of Huntington Beach
2000 Main Street.
Huntington Beach, California 92648
Dear Alicia,
Forwarded herewith is certified copy of Resolution Number 3000
"Establishing Pierhead Lines Adjacent to Peter's Landing and
Tract No. 5813", adopted by the Seal Beach City Council at
their regular meeting of August 11, 1980. Copies of the
Resolution have also been provided those listed below and if
you have any questims please contact our City Engineer, Mr.
Gary Johnson.
Very truly yours.
oanme M. Yeo, ity Clerk
City of Seal Beach
cc: Director of Public Works,
City of Huntington Beach
Peter's Landing
Attach.
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RESOLUTION NO. 3OlD
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH ESTABLISHING PIERHEAD LINES ADJACENT
TO PETER'S LANDING AND TRACT NO. 5813
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, the City.of Seal Beach desired to establish pierhead lines
which provide a wharfage adjacent to Peter's Landing
and Tract No. 5813;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Seal Beach as follows:
1. There shall be established-pierhead lines which
provide a wharfage area adjacent to Peter's
Landing and Tract No. 5813.
2. The establishment of said pierhead lines has been
coordinated with the Army Corps of Engineers and
the City of Huntington Beach, and is in conformance
with the policy of this .City.
3. The property involving said .pierhead lines is designated
on attached Exhibits A, B, and C, incorporated by
this reference and made a part hereof as though
fully set forth herein.
j PASSED, APPROVED AND ADOPTED bhe City Council of he City of Seal Beach
at a meeting held on the _ day of 1980,
by the following vote:
oe
AYES: Councilmembers ca
NOES: Councilmembers J
ABSTAIN: Councilmembert
ABSENT:.'Councilmembers
ayor
AV7:
y er
I, JOANNE M.YEO,City Clerk of the
City of Seal Beach, Calitornia,Co here
by certify that this document is a true
and rrect copy of
ottcTip on o
passed,approved and adopted by the
Seal Beach Ci .Council Ca
46
City Clerk
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Exhibit •' B •'
PIERREAD LUM TRACT 5813
Those portions of Section 19, Township 5 South, Range U West and
Section 24,.Toivnship 5 South, Range 12 West, S.B.M. in the City of Seal Beach,
county of Orange, State of California as shown an a map filed 3n Book 3, page
4S of Reoards of Survey of said County, described as follows:
Beginning at the most Northerly corner of Lot "V in Tract Netter .
667S in the City of Huntington Beach, in said County as per map filed In Book
436, pages 47 and.48 of Mscellaneous Maps; thence along the Nordwaswrly
line thereof South 491D 34' 20" West 279:87 feet to the•TRUE PODM OF BEGINNING;
thence North 120 041 .OT' West 79.63 feet; thence North 416 53' 46: East 268.77
feet; thence North 610 00' 00" West 7.63 feet; thence South 830 SO' 06"
West 665.21 feet to a point which bears North 160 21' 2011-East 60.00 feet from
the most Northerly corner of Tract Number 5813 in said City of Huniington Beach i
as filed in Book 437, pages l and 2 of said Miscellaneous Maps; thence South
161021' 20" West 60.00 feet to said last described most Northerly corner;
thence along the Northerly bmmdry of said Tract Number 5813, South 730 37' 40"
East- 543.S7 feet to said Northwesterly line of said Lot ' thence along said
Nordowsterly line North 400 34' 20" East 0.69 feet to the true point of be
ginning.
CmiaWM 2.218 acres more or less.
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70th ASSEMBLY DISTRICT
March 19, 1975
Ms. Alicia M. Wentworth
City Clerk
City of Huntington Beach
Post Office Box 190
Huntington Beach, California 92648
Dear Ms. Wentworth:
This is to acknowledge receipt of Resolution No. 4040,
adopted by the City of Huntington Beach on Monday,
March 10, 1975, requesting Orange County Flood Control
District to reroute Bolsa Chica Channel, CO-2, to
flow more directly into the ocean, thereby improving
the quality of the water in Huntington Harbour.
I appreciate being informed of the City Council ' s
action.
inc ely,
i
. BURKE
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RHB:jds
ANAHEIM COSTA MESA FOUNTAIN VALLEY GARDEN GROVE HUNTINGTON BEACH LEISURE WORLD
LOS ALAMITOS MIDWAY CITY ROSSMOOR SANTA ANA SEAL BEACH SUNSET BEACH WESTMINSTER
- - - - mew � . 103
Hunfington Beach Planning Commission 4)
�- P. O. Bo: 190
City Hall
Huntington Beach, California
October 22, 1965
TO: DOYLE MILLER, City Administrator
FROM: EEN REYNOLDS, Planning Director
RE: Maintenance District for Huntington Harbour and
Reservations Placed on the Final Maps for Huntington
Harbour.
Yesterday, Bill Hartge , George Shibata, and I met with-
representatives of Huntington Harbour. 'We discussed the
pros and cons of forming a maintenance district. Our
purpose was to come up with some answer to a situation that
has been "hanging" for several. years. As you know, all
tentative maps in the Huntington Harbour area have a condition
requiring annexation to a harbor maintenance district; and,
of course, one has never been formed.
We also discussed the broad reservations that Huntington
Harbour has for the use and control of all marina areas in
the project. These are public , but the public virtually
has no access or use of the property.
We feel that some high-level decisions have to be -made
and would like to have you and a committee of the City
Council to sit down with us and resolve these problems. I
would certainly appreciate it if you would bring this up
at our next Monday morning session.
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EXHIBIT"C"
SKETCH TO ACCOMPANY DESCRIPTION
OF PIERHEAD LINE TRACT $813 '
PORTION SEC. 19ASS, KIIW AND A
PORTION SEC. 24 TSS, RIZW SB.M.
CITY OF SEAL•BEACH, ORANGE CO., CALIFORNIA
100
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