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HomeMy WebLinkAbout2011/10/11 Item 07TY COUNCIL STATEMENT ~`~~ CITY OF CHULAVISTA 10/ll/ll, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR TWIN OAKS AVENUE BETWEEN EMERSON STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF SUCH ASSES MENT DISTRICT, AND DIRECTING THE CITY ENGINEER O PREPARE AND FILE AN ENGINEER'S REPORT AS REOUI D BY LAW SUBMITTED BY: DIRECTOR OF PUBLIC WORK ~ ASSISTANT DIRECTO OF EN IN REVIEWED BY: CITY MANAGER ASSISTANT CIT ANAGER ~j~ 4/STHS VOTE: YES ^ NO SUMMARY A number of residential properties on Twin Oalcs Avenue between Emerson Street and Oxford Street are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 13 of the 20 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 funds 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. 7-1 10/11/11, Item Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The street being proposed for the assessment district is Twin Oalcs Avenue from Emerson Street to Oxford Street, which is a Residential Street with a 60 feet-wide right-of--way and is located within the Castle Park 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 construction of street improvements along Twin Oalcs Avenue, from Naples Street to Oxford Street. Thirteen of the twenty 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. 505-01). 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 reconstriction. 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 constriction 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 Twin Oaks Avenue between Emerson Street and Oxford Street. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Twin Oaks Avenue for the purpose of financing the constriction 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. 7-2 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 construction 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 repaid from the annual Community Development Bloclc Grant allocation and from payment of assessment district levies by the property owners. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Petition signed by the Twin Oalcs Avenue Property Owners Prepared by: Boti~shr°a Salem, Senior Civil Engineer, Paiblic Works/Engineering Dept. J: IEngineerlAGENDAICAS2011 V O-/ l -/1lTwin Oalcs AD accepti~ig petition & ROI CAS.doc 7-3 r! ~ E 1-- ~ L.? ~7 ~r Honorable Mayor and Members of the City Council City of Chula Vista _ n ~ ~~ 276 Fourth Avenue / `~ 1 ~ Chula Vista, CA 91910 Subject: Petition Requesting the Initiation of Proceedings to Consider the Formation of,an Assessment District for Properties along Twin Oak Avenue between Emerson 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 respectfully petition the City Council of the City (the "City Council") to initiate proceedings pursuant to the ~frsrricipal Improvement Act of 1913 (Street and Highiuays Cade 100fl0 and following 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 Twin Oak Avenue between Emerson Street and Orford Street {tbe "Improvements"). The improvements and the properties proposed to be included within the boundaries of assessment district aze also shown on Exhibit A. We understand that if an assessment district is formed as tive 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 hearinb any interested person may present written or oral testimony and the City Council will 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 opposition 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 Twin Oak ,~D (~merson Si to Oxford St) 7-4 have the authority to form the assessment district and levy the proposed assessments only if the 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 ob3ect 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 apposition to the levy of the proposed assessment on our property if we do nat agree with the amount of such proposed assessment. This petition is respectfully submitted by: Neighborhood Coordina#or Block Captain) -___ Addres; Pl#or~e: ~s~v~-~ cam- ~~ ~I ~ ~ erty ce of Pro N Site Street Address Signature of Proper't'y Date Signed "For" or "A~ainst p an Qwne s (Printed or ~pedl (Assessor's Parcel No) C3wne s "District Formation ~fe~~Gv ~ZAL(~s-{~~ g - / g - ~ I ~n Twin Oak AD (Emerson St to Oxford 5t) r~ 7-5 Irvin Oak AD (Emerson St to O!cford St) 7-6 have the authority to form the assessment district and levy the proposed assessments only if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such ie~ry. In tabulating the assessment ballots; the assessirient ballot far etch 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 rift. (a) to testify orally or in writing at the .public hearing described above; (b) to abject to or protest the levy of the assessments if we do tat a¢ ~, ~vZt'a-tlie amount of the assessment proposed to be levied on our property ar (c} to submit an assessment ballot in opposition to f3Ze levy of tl~e.piopos4d a.~sess:~3ert. on~ o3.,s. pz~lr4Fty~ zf vrY d~. not awe with the a;nount of such proposed assessment. This petition is respzctfully submitted hy: ~i~u~~~~'zr~a:d ~~uu3-di?~atr~r~$lflck. Cantainl Address vv` ~''~' ~ ~ P~oue• • ~~ Name of Prooerl~ Ow~'nerfs Printed or h~ned) Site Stree# Address. Signature of Pro erty {Assessor's Parcel 1~Ta1 4]R~•ne s). "Por" or pate S'tsne~l_,_A°~~ " [iictti~t rormaticsn ~~i S/1 -r'u~ T}vi~r Oaks,1D (Enrerswr Sr Io Orford 3r) D~'-t~Z-» I ~o~ 7-7 "For" or Name ©f Property Site Street Address Signature afProperty Date Signed "Against O~cvne s (Assessor's Parcel Nol Owne s "District (Printed or typed) li'ormation ~z3 `~ .~~r~--sue -~_ ~ t S`~ ~tw tNQ ~r-tG ~ ~ ~ ~U ~~r~:~l-Ic.S ~x ..~ .,,\ i -7D~f'Litf ~ I ~~t~ ~ ~r`I ~-~ G. ~ ~ ~ J ~ ~ ~- ~. G P.. ~ -~ l~~f 11 ~ ... ~~i~N1,C7i~RlVlGfi'N F"b;r' Twin Oak,4D (I'merson St to OYford Sr) 7-8 have the authority to form the assessment district a1~d levy the proposed assessments only if the assessment ballots submitted in favor of ti-re levy of the proposed assessments exceed tz:i assessment ballots submitted in opposition to such levy. in tabulating the assessment ballots, the assessment ballot far each parcel is weighted by the amount of the assessment proposed to be lz^vied on such parcel In submitting this petition rv~; are not waiving our right: ~a) to testify orally or iu ~rriti.pi; at the public hearing described above, (b) to object to or protest the levy of the assessments if we da not agree wiih 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 tive do not agree with the amount of such proposed assessment. This petition is respectfizlly submitted by: I~Jeiahborhoor~ ~aardwnator {~31oek Captaiin I+i~~e: Ad~~-e~~ ~'~ao~e: _` u~©1'~30i' i~ana'~u€~}'iroper#w ~~~ae sl Sits Streeti ~+~ti~s'es~ {Assessor's I'areel 1`d~ Sa~m~a~~are=o~:Pr©#lertV ~-wner s~ ~3a~e-~~~ed.. "~~a~ngt '? Jis?rict Formatioa Printed or t'YUed) i ~ --- f Q ~ ~r.13 ~ s7.~ M A ~.~ -~ -,~l! 8'~-~ ~ ~ .~ ~ C Twtr: ~7c.t ,~.D (~rr~~~°st~h Sr to ~?Yjard St1 7-9 ~1.1~ ~ ~~ D sl_~s11 ~ P ~ have the. azrthority to form the assessment district and }evy the proposed assessments only if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such letiry- In tabulating the assessrnent~ ballots,. the assessment ballot for each parcel is weighted by the amount of the assessment proposed to~ be }e~~ied on such parse}. In submitting this~petition we are nat waiving our right: (a) to testify oral}y .or in ~~i-iting at the public:bearmg described above, (b) to :object to or protest the levy of the assessments if we do -not :zgr=,z-withtlu--:sna?tnt:ofthe assessment proposed to be levied orz our property or (c) to submit an assessnie~ bal~at in oppasxticm trt tiZC }~~vy~ of th~prcrpE,setl a.~s~rr~ut. un. au~;`~o~:iy ii c~~~ do not agree with the amount of such proposed. assessment. 'This :peuiioti,is ~-~;apectfi.~}ly: submitted by: 1-i~i~tbor3~voa {<oc~~iu~~or {~lo~k (,:a twin .. I'~ai~t~: V v` ' - ' ~r_~'Y~ =Gam`-'~? y . °.^'~:s.~-~:_-~-- ~~. ~.~.~~~g~~~r ~~~~~~.: ~~a~L: _ ~._..._.-- Name afprooerty Owner s fPrintetl or'tvnectl ~dr~e ~'erez ~' ,~l~~a ~+ni TsY~o Site Street Address ~Assessae's Parcel Nrrl: Si~gat~rs: of Pronert~t ()~i*irer ~. 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O U~ O ( J ° ~ r /~ F~~z¢ z "Y ~~~~a I~ ~ ~ ~ 5 ~g z V ~ j~ ~~~~~~~ " ~ ~ zaa~CS°6~~ / ~ ~`~ LS RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR TWIN OAKS AVENUE BETWEEN EMERSON STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF SUCH ASSESSMENT DISTRICT, AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS, residential properties along Twin Oalcs Avenue between Emerson Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 13 of the 20 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, the boundary of the proposed assessment district is Twin Oalcs Avenue between Emerson Street and Oxford Street; and WHEREAS, the project consists of the construction of curb, gutter, sidewalk and driveway aprons and the replacement of the pavement within the proposed assessment district boundaries. 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 7-12 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 Worlcs 7-13