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Home My WebLink About2011/10/11 Item 06TY COU NC1 L STATEMENT ~`~~ CITY OF CHULA VISTA 10/11/11, Item ~j ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR DEL MAR AVENUE BETWEEN NAPLES STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSI ER FORMATION OF SUCH ASSESSMENT DISTRICT, AN DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ENGINEER'S REPORT AS REQUIRED BY LAW ~ [~ SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ~ ~ ASSISTANT DIRECTO OF ENG REVIEWED BY: CITY MANAGER ASSISTANT CIT ANAGER ~7~ 4/STHS VOTE: YES ^ NO SUMMARY A number of residential properties on Del Mar Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 26 of the 40 property owners of this neighborhood, whose property frontages do not have curb, gutter, and sidewalk, requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. ENVIRONMENTAL 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 proposal to create a governmental funding mechanism for which no commitment of fiends has been approved for a 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. RECOMMENDATION Council adopt the resolution. 6-1 10/11/11, Item Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The street being proposed for the assessment district is Del Mar Avenue from Naples Street to Oxford Street, which is a Residential Street with a 60 feet-wide right-of--way and is located within the Castle Parlc area of the City. 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. The properties to be included in the Assessment District do not have existing curb, gutter or sidewalk improvements. City staff received a petition in August 2011 from the property owners requesting that the City initiate the formation of an Assessment District for the constriction of street improvements along Del Mar Avenue, from Naples Street to Oxford Street. Twenty-six of the forty property owners within the proposed District boundaries are in favor of the district formation. This represents a 65 percent approval from the property owners within the proposed district. This petition complies with Section 2804 of the California Streets and Highways Code, as amended by Ordinance 2952, which requires that the petition be signed by more than 60 percent of the properties to be assessed for the installation of the improvements requested by such petition. The City currently has a policy regarding participation in 1913 Block Act proceedings (Council Policy No. 505-O1). 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 which would be in conflict with the new improvements, including utilities, and costs associated with construction of the curb, gutter and sidewalk, and street reconstruction. These costs would not be assessed to the property owners. The property owners would be responsible to pay for all costs associated with driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements are located within the public right-of--way and are to be restored or replaced). Improvements This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street pavement replacement along Del Mar Avenue between Naples Street and Oxford Street. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Del Mar Avenue for the purpose of financing the construction of the described public street improvements. Additionally, in order to move forward, the City Council needs to declare its intention to levy an assessment and to direct the City Engineer to prepare and file with the City Clerk an Engineer's Report as required by Section 10204 of the California Streets and Highways Code. This report will delineate the boundary of the proposed Assessment District, the proposed assessment for each affected parcel, and the anticipated total cost of the improvements. 6-2 10/11/11, Item± Page 3 of 3 Future Actions Upon completion of the Engineer's Report, Council will be asked to adopt a Map showing the proposed boundaries of the District and approve the report. Council will also be asked to set a time and place to hold a public hearing to consider the formation of the district and the constntction of the improvements. Prior to the public hearing, the residents within the proposed district will be balloted to formally confirm that the necessary level of approval has been maintained. This balloting procedure also needs to be ordered by the Council. 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, which is the subject of this action. CURRENT YEAR FISCAL IMPACT There are no fiscal impacts associated with action on this resolution. In late 2006, the City obtained approval for a Section 108 loan from the United States Department of Housing and Urban Development (HUD) to fund street improvements in the Castle Park neighborhood. Said Loan will be paid for from the annual Community Development Block Grant allocation and from payment of assessment district levies by the property owners. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Petition signed by the Del Mar Avenue Property Owners Prepared by: Boatshra Salem, Senior Civil Engineer, Public Worlcs/Engineering Dept. J:1Engineer•IAGE~VDAICAS20! lll0-I1-1IIDel Mar AD accepting petition & ROI CAS.doc 6-3 Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 41910 5TH- 3 8.~ CflD ~a~~~-old ft~CEf ~ 1:t7 ;GITY'GF G}-tUI.A blST~1 EPiGIi'~EERIF~G DEPT 201! Al~G 31 P~~ 3. Q4 Subject: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District for Properties along Del Mar Avenue betfveen Naples Street and Oxford Street. Mayor and Members of the City Council: We are the owners (the "Owners") of the properties located in the City of Chula Vista (the "City'') which are identified adjacent to our signatures below and are also shown on the map attached to this Petition as Attachment A hereto. The Owners respectfi.illy petition the City Council of the City (the "City Council"} to initiate proceedings pursuant to the ltifrrr:icipa! Irnprovemer:t Act of 1913 (Street and Higlrtivays Code 10000 acrd followrn;} to consider the formation of an assessment district for the purpose of financing the costs of construction of driveway aprons and costs associated with the relocation of private improvements located in the public right-of--way along DeI Mar Avenue beriveen Naples Street and Oxford Street (tlae "Improvements"). The Improvements and the properties proposed to be included within the boundaries of assessment district are also shown on Exhibit A. We understand that if an assessment district is formed as we have petitioned the following costs will be assessed against those properties that will receive special benefit from the Improvements: 1. The costs to construct the Improvements; and 2. Financing costs related to payment of the above costs over time. We further understand that if the City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: 1. The record owners of the properties proposed to be assessed will receive notice of a public hearing to be held by the City Council. At such public hearing any interested person may present written or oral testimony and the City Council tivill consider all objections or protests to the proposed assessment. 2. The record owners of the properties proposed to be assessed will also receive an assessment ballot by which such record owners may express their support for or apposition to the proposed assessment. 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing. The City Council shall have the authority to form the assessment district and levy the proposed assessments only if the De111Iar.=lve,4D (Naples St to Oxford St) 6-4 assessment ballots submitted in favor of .the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the Levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. 'phis petition is respectfully submitted by: Neighborhood Coordinator Block Captain) Name: svSc~.vl '05 Addres; Phone: Name of Property Owner s (Printed or typed) S u s r~-~ 1 US Site Street Address Signature of Property Assessor's Parcel Not Owner s "For" ar Date Signed "Abainst "District Formation ~ '~.v~~~ os< <~, ~i ~ ~ ~ ~I i~ ! ~l ~ ~c.;t~ Lem 1 `~ e 4;~jc,..r~a.~.,. ~~~ I?eI afar Ave AD (Naples St to Oxford St} 6-5 - __ _ "For" or Name of Property Site Street Address Signature of Property Date Signed "Against Owners ,(Assessor's Parcel No) Owners "District (Printed or tYned) Formation ., ~2. 1~I~o upYa\^c~ I ~ i ~~~q~ i~ `~I ~IC~~IU~'VG~, r ~~~ ~ - ~ zy 1 ~b~PSa~1 . ,d~~4-/~ ~ ~Qur v~1. t.~'/1~ar~ c~~C~r'/e ~ - ~7// i-arZ /~i„ I Foes Del bTar.~ve,4D (Naples St to Oxford St) 6-6 6-7 Del Mar ~lve AD {Naples St to Oajord St) Name of Property Owners LPrinted or typed} Site Street Address iAssessor's Parcet No} Signature of Property Owners Date Signed "For" or "A6ainst "District Formation ~ I ~ - I ~ ~ /~ ~DT~ ~ _.~~_~ ,, a ne.:.:.... ,r,.,. J:1t3enera~~ernceswcsc~nvuin~~ccw~~w,,....-.- .................~.....,. _-~----------------------. Del iLfar Ave AD (Naples St to Oxford St) 6-8 Name of Property Owners Site Street Address (Assessor's Parcel Not Signature of Property Owners Date Signed "For" or "A~ainst "Distr9ct (Printed or tvged) Format9on C~ ~ l~ t,5~7u ~ _ ,. ~ ~ J l ~ ~ Del ttifar Ave AD maples St to Oxford St) 6-9 Name of Property Owners Printed or typed) Site Street Address {_Assessor's Parcel No) Signature of Property Owners _- - Date Signed "Foi," or "A2ainst "District Formation 21 ~ rno~ U _ _,_ 2~/ ~~ ~~ i Del ,L1ar r2ve AD (Naples St to Oxford St) 6-10 Name of Property Site Street Address Signature of Property Date Signed ss~+Or" Or "A2ainst Owners (Printed or tv~ed) (Assessor's Parcel No) Owners "District Formation Del Mar Ave tID (_Naples St to Oxford Std 6-11 Name ofProperty Site Street Address Signature of Property --- Date Sinned "For" or "A~ainst Owners (Assessor's Farce[ No) Owners "District (Printed or tvvedl Formation Del Mar Ave AD (Naples St to ~zfa•d St) 6-12 ~~~-; assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving out tight: {a} to testify orally or in writing at the public hearing described above, (b) to object to or protest the Ievy of the assessments if we do not as ee with the amount of the assessment proposed to be levied on our property or {c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agzee with the amount of such proposed assessment. This petition is respectfully submitted by: Name: ~~S ~ 1~ ~ a ~ Address Phone ~~ "For" or Name of Properfv Site Street Address Signature of Property Date Si6ned "Against Owners (Assessor's Parcel No) Owners "District d) d ' Formation or type rinte ~1 f ~~~~ ~~ ~) Q ~T~ "~ Q "yt w.~ i R7 T ~' ~Y 3s C" r <; ~y t;7 -i-~ t~ Del Iviar Ave AD {Naples St to Oxford St) 6-13 assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. Irt tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we are not waiving our right: (a} to testify orally or in writing at the public heating described above, (b} to object to or pratest the levy of the assessments ii we do not agree with the amount of the assessment proposed to be levied on our property or (c} to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we da not agree with the amount of such proposed assessment. This petition is respectfully submitted by: Neighborhood Coordinator (Block Captain) Name: Addres Phone: i ~ ~~ 0 ~r Name of Pronertv Owner s (Printed or tvpedl .~1~~9~~ ~`~~ ~~~~~~ Site Street Address Signature of Property {Assessor's Parcel Nol Qwner s "For" or Date Signed "_~sainst "District Formation Del Mar Ave AD (Naples St to Oxford St) 6-14 w a __ O 1332{C S 0 ?JOdXO ~ M ~~ ~ d d N 35Y em m &61! 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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it accepts a petition requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 2. That it declares its intention to initiate proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 3. That it refers the proposed construction of curb, gutter, sidewalk and driveway aprons and replacement of the pavement within the proposed assessment district boundaries to the City Engineer and directs the City Engineer to prepare or to cause to be prepared an Engineer's Report in conformance with California Constitution 6-16 Resolution No. Page 2 Article XIII D § 4 and the Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et seq. Presented by Richard A. Hopkins Director of Public Works 6-17