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HomeMy WebLinkAbout2011/11/15 Item 13ITY COUNCIL ~TATE1~lENT ,,,~,~ cin o~ CHULA VISTA 11/15/11, Item )3 ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2010-02 (ELM AVENUE) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2010-02 (ELM AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEME S RELATED THERETO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENG REVIEWED BY: ASSISTANT CITY AGER CITY MANAGER 4/STNS VOTE: YES ^ NO SUMMARY On September 20, 2011 the City Council adopted Resolution No. 2011-183 approving the Engineer's Report for the proposed Assessment District AD 2010-02 along Elm Avenue between Naples Street and Oxford Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. 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 Linder Section 15378 of the State CEQA Guidelines because the activity consists of a governmental administrative and fiscal activity which does not involve any commitment to any defined 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. Since it is anticipated that future funding for the project may derive from federal sources, an environmental determination pl~rsuant to NEPA, will need to be made once a project is defined. Although environmental review is not necessary at this time, once the scope of the individual projects} to i3-1 11/15/11, Item ~,~ Page 2 of 3 be filnded has been defined, environmental review will be required for the project and the appropriate environmental determination will be made pursuant to both CEQA and NEPA. RECOMMENDATION 1. Hold the public hearing, receive testimony, and close the public hearing. 2. Tabulate the results of the Assessment Ballot procedure. 3. Approve the resolution making findings at the public hearing pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"), taking the actions identified in the resolution, including ordering the establishment and formation of the District and the construction of improvements therein. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area being proposed for the Elm Avenue Assessment District consists of Elm Avenue between Naples Street and Oxford Street. This Street is 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 Parlc 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 these streets. On April O5, 2011, the City Council accepted a petition signed by 27 of the 36 owners of residential properties located within the proposed district area. The Council also directed the City Engineer to prepare the required Engineer's Report for the proposed Assessment District. On September 20, 2011 the City Council adopted Resolution No. 2011-183 approving the Preliminary Engineer's Report for the proposed Assessment .District AD 2010-02 along Elm Avenue. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. Dn September 21, 2011 ballots were mailed to all residents within the approved Assessment District boundary. This meets the 45-day requirement for notice of this hearing. All ballots that have since been completed and returned to the City Cleric, as well as any submitted prior to the close to this public hearing are to be considered when forming this Assessment District. At this hearing, all included 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 the Resolution of Intention (Resolution No. 2011-056) adopted on April O5, 2011. 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 constriction of the driveway aprons. The property owners have the option of revising their assessment ballots until the end of this public hearing. These assessment ballots will include the maximum principle amount that each owner is required to pay. If the majority of ballots cast approve the levy of these assessments, the City Council may then order the formation of the Assessment District and the construction of the improvements. 13-2 11/15/11, Item ~,3 Page 3 of 3 If the majority of ballots cast prior to the close of this hearing are in favor of the assessment, Council is asked to make the following findings: l . That this Public Hearing was properly noticed. 2. That Assessment Ballots including the Notice of Public Hearing were provided to all owners within the approved Assessment District Boundary on September 21, 2011. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That alI interested parties had the opportunity to be heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing, the ballots were counted by an impartial individual. The Council may then receive and approve the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official; approve the new assessments and apportionment according to the reports submitted; and order the establishment and formation of the assessment district and construction of the improvements related thereto. 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 of this action. CURRENT 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 of the cost of the project. The project is funded by the Section 108 loan. In late 2006, the City obtained approval for a Section 108 loan from HUD to fiord 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. ATTACHMENTS 1. Assessment District Boundary Map Prepared by: Bouslzra Salem, Senior Civil Engineer, Public Worlcs/Engineering Dept J: I Engineerl AGENDA 1 CAS201111 ! -1 S-I I IEIm Ave AD PH CASrev. doc 13-3 °~ O M Q O ~ .l~~s Q~.#~ j N ~ O ~~ ~ ~~~y = ?Li~Y IfII SNS Q 'd~f'N ~z yYtiSY 1117 Pl+d A ® Y Yalt ~ ~ ~~ ~]Y~0~1'1~Y'_'11~1R ~ttt 3717tY R[3 50tR[3 501 ~ { '~"'~~ (-i ~ Q 7tfO1Y RIf 4t1 ~ ~ ~ ~ p~ BO- "8 7tR71Y 1fU altt m cyN. 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T~ of-tti -e ~ ~ ~ ~ ~ o c ai7v ,,., ~ .,,.~ Z ~ C7 m ' ® Lb~ ~ 1 ~ ~~p p0 T ~ ~ g 1,~ ~ ~ 1~ Saar 11n t.111 iar xn +l+t N V' 2 . -~ ~ 7ta~4Y 11- 7W Z 11,, ~ v {I7 ~ yy ~ 1~- t }~} (f1 ` / /~1 ~7~~ ~Wp2 ~1>: ~ ~ ~ ~ ,. 1 : <~y g~~ ~~~ ~~ ~ ~~ ~ Yf~ ~ ~ . a ~ ~ z a ~zs5<< _ ~ ~ ~ W~ a s. ro~ 1332f1S S37d6'N W W` ~~~ ~ ?~ ~ t ~~ ~~a~~~~ a ~~ ~ ~'~ m W a :. 13-4 RESOLUTION NO.2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2010-02 (ELM AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO 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 residents 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 September 20, 2011, the City Council adopted Resolution No. 2011-183 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2010-02 along Elm Avenue, set the time and place for a public hearing, and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista finds as follows: 1. That the Public Hearing for the formation of the Assessment District 2010-02 was properly noticed. 2. That Assessment Ballots, including the Notice of Public Hearing, were provided to all owners within the approved Assessment District Boundary on September 21, 2011. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing, the ballots were counted by an impartial individual. 13-5 Resolution No. 2011- Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the Council hereby receives and approves the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official, identifying the number of votes submitted for and/or against the establishment of the assessment district and properties upon which such assessments shall be placed. A copy of said Certificate and Statement is attached hereto, marked as Exhibit "A" and by this reference, incorporated herein. 2. That the Council approves the new assessments and apportionment according to the reports submitted. 3. That the Council orders the formation and establishment of Assessment District AD 2010-02 along Elm Avenue. 4. That the Council orders the construction of improvements related thereto. 5. That the Council orders the new assessment role to be recorded with the County Recorder. 6. That the City Clerk is hereby directed to enter in the minutes the results of the election as set forth in said Statement of Votes Cast. Presented by Richard A. Hopkins Director of Public Works 13-6