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Home My WebLink About2011/09/20 Item 05 CITY COUNCIL AGENDA STATEMENT 9120/11, Item~ REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET ASSESSMENT DISTRICT NO. 2010-02, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION ~ALLOT PROCEEDINGS DIRECTOR OF PUBLIC WORKS ~ ASSISTANT DIREf!:R OF ENGINl7'p- CITY MANAGER _dV ASSISTANT CITY ANAGE1<€Wl 4/STHS VOTE: YES D NO ~ ITEM TITLE: SUBMITTED BY: SUMMARY On April 05, 2011, by Resolution No. 2011-056, the City Council accepted a signed petition from 27 of the 36 owners of residential properties along Elm Avenue between Naples Street and Oxford Street requesting that special assessment district proceedings be commenced. Resolution No. 2011-056 also declared the City Council's intention to initiate proceedings to consider the fonnation of an assessment district and directed the preparation of the required Preliminary Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report. The proposed resolution would adopt an assessment district boundary map, approve the Preliminary Engineer's Report, set the time and place for a public hearing to consider the establishment of the Elm Avenue Assessment District, and order the initiation of ballot proceedings regarding formation of the proposed Elm Avenue Assessment District. ENVIRONMENT AL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of a governmental fiscal and administrative activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Although environmental review is not necessary at this time, once the scope of individual projects to be funded have been defined, environmental review will be required for each project and the appropriate environmental determination will be made. 5-1 9/20/11, Item~ Page 2 of 3 RECOMMENDA nON City Council approve the resolution: (1) adopting a map showing the proposed boundaries for Elm Avenue Assessment District No. 2010-02; (2) approving the Preliminary Engineer's Report; (3) setting the time and place for a public hearing as November IS, 2011 at 4:00 p.m. in City Council Chambers, to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article xnrD of the Constitution of the State of California ("Article X1l1D"); and, (4) ordering the initiation of ballot proceedings in accordance with Article X1l1D. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION The area proposed for the Elm Avenue Assessment District consists of Elm Avenue between Naples Street and Oxford Street. This is a Residential Street with a 60 feet-wide right-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements within the proposed assessment district generally consist of asphalt streets with little or no street improvements. There is no existing curb, gutter or sidewalk improvement on this street. On April 05, 2011, the City Council accepted a petition requesting the formation of an assessment district signed by the owners of 27 of the 36 properties located within the proposed district area. At that time, among other things, the City Council directed the City Engineer to prepare the required Preliminary Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report containing the preliminary design and cost estimates for this proposed project, as well as the proposed Assessment District Boundary Map. Preliminarv Engineer's Report This project consists of the construction of concrete curb, gutter, sidewalk, driveway aprons and street pavement replacement along Elm Avenue between Naples Street and Oxford Street. Details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report (Attachment 1). This report includes a copy of the proposed boundary map and the recommended construction cost payable by each included property. The total project cost is estimated to be $1,000,000, of which the property owners' share is $88,715. The property owners' share is the amount required to cover the cost of constructing concrete driveways and aprons and the removal and/or relocation of private improvements from the public right-of-way that will interfere with the new street improvements. All project costs will initially be paid through a low-interest United States Department of Housing and Urban Development (HUD) Section 108 loan received specifically to fund full street improvements in the Castle Park area; this loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. All future assessment district payments will be deposited in the City's CDBG fund. Tonight, the City Council is being requested to review, amend (if desired or necessary), and approve the Preliminary Engineer's Report. 5-2 9/20/11, Item-----'2- Page 3 of 3 Public Hearing and Balloting City Council is requested to set the time and place for a public hearing regarding the formation of the District and the construction of the improvements, and to order the initiation of assessment district balloting proceedings. If the resolution is approved, staff will mail notices of the public hearing, together with assessment ballots, to all property owners within the proposed district at least 45 days in advance of the public hearing, which would be held Tuesday, November 15, 2011 at 4:00 p.m. in the City Council Chambers. At the public hearing, property owners may present objections to the proposed work in accordance with Section 5132 of the California Streets and Highways Code and show cause why the proposed work should not be carried out in accordance with previously approved Resolution No. 2011-056. Additionally, by completing their assessment ballots, the property owners will have the right to specify their support or opposition to the levy of assessments to finance the construction of the concrete driveway aprons and the removal and/or relocation of their private improvements from the public right-of-way that will interfere with the new street improvements. The property owners have the option of revising their assessment ballots until the end of the public hearing. These assessment ballots will include the maximum principle amount that each owner would be required to pay. If the majority of property owners approve the levy of these assessments, the City Council may then order the formation of the assessment district and the construction of the improvements. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property that is the subject ofthis action. CURRENT YEAR FISCAL IMPACT The total cost of this project is estimated to be $1,000,000, of which the property owners will repay an estimated share of$88,715. The project is funded by the Section 108 loan. In late 2006, the City obtained approval for a Section 108 loan from HUD to fund street improvements in the Castle Park neighborhood. Said loan will be repaid from the annual CDBG allocation. ONGOING FISCAL IMPACT Upon completion of the project and one-year contractor maintenance period, the improvements will require only routine and normal maintenance of the street facilities and storm water best management practices, the costs of which are expected to be lower than the costs of maintaining the existing narrow, severely deteriorated asphalt roadway and graded dirt shoulders. A TT ACHMENTS Attachment I. Preliminary Engineer's Report Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. J:\Englneer\AGENDA\CAS2011\09-20-11\Elm AD accepting report CAS.doc 5-3 PRELIMINARY ENGINEER'S REPORT ELM AVENUE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2010-02 September 20, 2011 Preliminary Engineer's Report Elm Ave AD 2010-02 Page 1 of5 5-4 ATTACHMENT / Background The area being proposed for the Elm A venue Assessment District consists of Elm A venue between Naples Street and Oxford Street.. This Street is designated as a Residential Street with a 60-foot wide right-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements within the proposed assessment district generally consist of deteriorating asphalt streets with little or no other street improvements. There are no existing curb, gutter or sidewalk improvements on this segment of Elm A venue. On April 05, 2011, by Resolution No. 2011-056, the City Council accepted a petition signed from 27 of the 36 owners of residential properties along Elm Avenue between Naples Street and Oxford Street requesting tllat special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters, sidewalks and street improvements in accordance with the Improvement Act of 1913. Resolution No. 2010-289 also declared the City Council's intention to initiate proceedings to consider the formation of an assessment district and directed the preparation of the required Engineer's Report for the proposed Elm Avenue Assessment District. Pursuant to Council Policy 505-1, Assessment Districts for the construction of infill street improvements are to be fornled with tbe participation of the City using either tbe Improvement Act of 1911 or the Municipal Improvement Act of 1913, as enacted and amended in the California Streets and Higbways Code and as amended by City ordinances. The Assessment balloting process shall be conducted in accordance with Article xnID of the California Constitution (Proposition 218) or applicable State law. According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements tbat would be in conflict witb tbe new improvements, including utilities, and costs associated witb construction oftbe curb, gutter and sidewalk, and street reconstruction. Tbese costs would not be assessed to the property owners. The property omlers would be responsible to pay for all costs associated with construction of the driveway apron serving their properties and for any costs associated witb the relocation of private improvements (only if private improvements are located witbin tbe public right-of-way and in conflict witb tbe new public improvements). Overall Design and Cost Estimate Tbe project area and general location of improvements are sbown on Exhibit A, the Proposed Boundary Map for Assessment District 2010-02, Elm Avenue Assessment District. The properties, whicb will benefit from tbese improvements and would be a part of the district, are as follows: Preliminary Engineer's Report Elm Ave AD 2010-02 Page 2 of 5 5-5 Assessor's Parcel Number Property Address 1 619-141-01 161 NAPLES ST 2 619-141-07 1109 ELM AVE 3 619-141-08 1117 ELM AVE 4 619-141-09 1123 ELM AVE 5 619-141-10 1125 ELM AVE 6 619-141-11 1127 ELM AVE 7 619-141-12 1129-1131 ELM AVE I 8 619-141-13 1135 ELM AVE 9 619-141-14 1143 ELM AVE 10 I 619-191-01 163 EMERSON ST 11 619-191-04 1161 ELM AVE 12 619-191-05 1169-1171 ELM AVE 13 619-191-06 1173 ELM AVE 14 619-191-07 1175,1177.1179 ELM AVE 15 619-191-08 1181 ELM AVE 16 619-191-09 1185 ELM AVE 17 619-191-10 1189 ELM AVE 18 619-191-11 1193 ELM AVE 19 619-191-12 170 OXFORD ST & 1197 ELM AVE 20 619-182-13 1192 ELM AVE 21 619-182-14 1188 ELM AVE 22 619-182-15 1184 ELM AVE 23 619-182-16 1180 ELM AVE 24 619-182-17 1176 ELM AVE 25 619-182-18 1172A & 1172B ELM AVE 26 619-182-19 1168 ELM AVE 27 619-182-20 1160 ELM AVE 28 619-182-22 1158 ELM AVE 29 619-132-16 1142 ELM AVE 30 619-132-17 1138 ELM AVE 31 619-132-18 1134 & 1136 ELM AVE 32 619-132-30 1128 ELM AVE 33 619-132-29 1122 ELM AVE 34 619-132-21 1120 ELM AVE 35 619-132-22 1116 ELM AVE 36 619-132-23 1112 ELM AVE The improvements includes reconstruction of the street asphalt concrete, construction of monolithic curb, gutter and sidewalk, miscellaneous associated drainage facilities, and stom1\vater treatment facilities. The sidewalk will be five feet wide and will match the existing sidewalk at the north and south boundaries of the Elm Avenue Assessment Preliminal}' Engineer's Reporr Elm Ave AD 2010-02 Page 3 of 5 5-6 District. Where driveways are located, a driveway apron will be constructed to provide a transition between the street, the sidewalk, and the driveways. Few properties have trees, fences, gates, or walls, which will need to be removed, relocated or reconstructed to construct the proposed street improvements. Total construction cost for the project is estimated to be $675,000. This estimate is based on the preliminary design. City staff costs for design, inspection and associated soil testing are estimated to be an additional $325,000 All project costs will initially be paid through a low-interest United States Department of Housing and Urban Development (BUD) Section l08 loan received specifically to fund full street improvements in the Castle Park area; this loan is being repaid using annual HUD Cornrriunity Development Block Grant (CDBG) allocations. Method of Apportionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form Assessment Districts for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for driveway aprons and for removal andlor relocation of private improvements within the City right-of-way. The property owners' responsibility is estimated to be $86,265 of the total project cost. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and on the removal andlor relocation of private improvements from the public right-of-way that will interfere with the new street improvements. The breakdown of construction costs among the properties within the district is shown below. For each property, the square footage of the driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. Several properties will also require private improvement relocation. Costs associated with the relocations are included with the preliminary assessment. Assessor's Property Address Private Improvement Preliminary Parcel Number Modifications Assessment 1 619-141-01 161 NAPLES ST I NONE $ 4,290 2 619-141-07 1109 ELM AVE I NONE I $ 2,135 3 619-141-08 1117 ELM AVE I NONE I $ 1,865 4 619-141-09 1123 ELM AVE Fence to be removed I $ 2,405 bv owner 5 619-141-10 1125 ELM AVE I NONE I $1,875 6 619-141-11 1127 ELM AVE I NONE I $ 2,135 Preliminary Engineer's Report Elm Ave AD 20 I 0-02 Page 4 of5 5-7 Assessor's Property Address Private Improvement Preliminary Parcel Number Modifications Assessment 7 619-141-12 1129-1131 ELM AVE I NONE I $ 2,145 8 619-141-13 1135 ELM AVE I NONE I $ 2,145 9 619-141-14 1143 ELM AVE I NONE I $ 2,405 10 619-191-01 163 EMERSON ST I NONE I $ 2,415 11 619-191-04 1161 ELM AVE I NONE I $ 3,215 12 619-191-05 1169-1171 ELM AVE I NONE $ 2,945 13 619-191-06 1173 ELM AVE I NONE I $ 1,865 14 619-191-07 1175,1177,1179 ELM AVE I NONE I $ 2,675 15 619-191-08 1181 ELM AVE I NONE $ 1,605 16 619-191-09 1185 ELM AVE I NONE $2,135 17 619-191-10 1189 ELM AVE NONE I $ 2,135 18 619-191-11 1193 ELM AVE I NONE I $ 1,875 19 619-191-12 170 OXFORD ST & I NONE I $ 2,135 1197 ELM AVE , 20 619-182-13 1192 ELM AVE I Block wall w/iron fence I $ 6,065 21 619-182-14 1188 ELM AVE I NONE I $ 2,945 22 619-182-15 1184 ELM AVE I NONE $ 2,675 23 619-182-16 1180 ELM AVE I NONE I $ 2,945 24 619-182-17 1176 ELM AVE I NONE I $ 2,415 25 619-182-18 1172A & 1172B ELM AVE I NONE I $ 2,270 26 619-182-19 1168 ELM AVE I NONE I $ 2,675 27 619-182-20 1160 ELM AVE I NONE I $ 2,675 28 619-182-22 1158 ELM AVE I NONE I $ 1,875 ; 29 619-132-16 1142 ELM AVE I NONE $1,865 30 619-132-17 1138 ELM AVE I NONE $ 2,135 31 619-132-18 1134 & 1136 ELM AVE I NONE I $ 1,605 32 619-132-30 1128 ELM AVE I NONE I $ 3,080 33 619-132-29 1122 ELM AVE I NONE I $ 3,755 34 619-132-21 1120 ELM AVE I NONE I $ 1,865 35 619-132-22 1116 ELM AVE I NONE I $ 1,865 36 619-132-23 1112 ELM AVE I NONE I $ 1,605 Total of Preliminary Assessments ~ $88,715 to be paid by property owners The cost breakdown in this Engineer's Report will be reviewed after the project has been constructed, At that time, all actual quantities will be known, and the cost of the Final Assessments can be detem1ined based upon the bid results of the Contractor to which the City awards the contract for construction of the public improvements. The l11<Lximum assessment for each individual property listed in this Engineer's Report cannot be increased without another ballot process. Q:\Enginl!erillg1dll Projr:c/sISTL\STL3./3 Elm Ave (.-IDJO~a2)\AsseSSl11enf\Ellgimer Rp/IElm Prcl. Engineer's RepJ Sept ]01 I.doc Preliminary Engineer's Report Elm Ave AD lOIO-02 Page 5 of5 5-8 ~ .\t)~1tl~ EXHIBIT "A" PROPOSED BOUNDARIES ELM AVENUE ASSESSMENT DISTRICT 2010-02 1913 ACT IMPROVEMENT DISTRICT CITY Of CHULA VISTA. COUNTY Of SAN DIEGO, STATE Of CAUfORNIA ~'ft. tfti mY OF OIUIA VISfA I I ~U d ~uuu~ ~~ ~U i I~ (Sl~141-01 ) ~ !J) U1 ~ I NAP. <0 :;,: I UI'UrNU'! d ;~ I ~ II~ IU~ l~ ~ I !J) II H ~~ II ~uu n ~~II I ~~ II ~~ IIII I HEREBY CfRTlFY THAT lHE 'MTHIN t.l,l,P SHO'MNG PROPOSED BOUNDARIES OF THE ASSESSUENT OISTRlCT. CllY Of aiULAVlSTA, COUNTY Of SAN DIEGO. STATE C1" CAUfOONIA WAS APPROVED BY lHE QlY COllNOl OF THE CITY AT ^ REGUlAR YEEllNG lHEREOf, HElD 00 THE_DAY Of . 2010 BY RESOWTlOO NO. LEGEND: r//////.-I AREA OF IYPROVD.IENTS AH~ ASSESSJ.lENT OIS1R1CT BOONDARY NOT ^ PART OF OISffiICT flt..m THIS DAY Of . 2010, IN BOO<. AT PAGE OFIJAjJOF AS'SESS1A8H DI5lRICTS IN THE OFFlCE OF THE WJNTY RECORDER Of ruE COUNTY Of SAN DIEGO, STAlE Of CALlFORHIA.. NAP. COUNTY RECORDER, CWNTY Of SAN DIEGO CITY a..ERK. CllY OF ctlUL), VISTA fILED IN THE OfFlCE OF lHE CITY <URK Of THE CITY Of CHULA \1STA THIS_DAY Of . 2010. REFERENCE IS HEREBY "'ADE: TO THE COUNTY Of SAN DIEGO. STATE Of CAUFOONIA ASSESSOR PARca. ~APS FOR QfJ"AllED OlUENSlOOS OF ltiDl\10UAL PARCB..S. 0725-10 AD1G-02 W.O. NO. 511..343 CITY ctfRK. CITY OF CHULA IASTA RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARlES FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET ASSESSMENT DISTRICT NO. 2010-02, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, residential properties along Elm Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 36 property owners of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, on April 05, 2011, pursuant to Resolution No. 2011-056, the City Council accepted the petition, declared its intention to initiate proceedings to consider the formation of an assessment district, and directed the City Engineer to prepare an Engineer's Report; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, and resurfacing and widening of the existing asphalt pavement along Elm Avenue between Naples Street and Oxford Street. The property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of-way; and WHEREAS, City staff, at the City Engineer's direction, has prepared the Engineer's Report containing the preliminary design, cost estimates, and proposed Elm Avenue Assessment District No. 2010-02 Boundary Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a map showing the proposed boundaries for Elm Avenue Assessment District No. 2010-02. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineer's Report for Assessment District AD 2010-02 dated September 20, 20 II. 5-10 Resolution No. Page 2 BE IT FURTHER RESOLVED that the City Council of the City -of Chula Vista does hereby set the time and place for a public hearing on Tuesday November 15,2011 at 4:00 p.m. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"). BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby order the initiation of ballot proceedings in accordance with said Article XIIID. Richard A. Hopkins Director of Public Works ~--- Presented by 5-11