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Home My WebLink About2012/04/17 Item 08-~, ~' ~~ ~",~'; ~ '~ ~ C1T~' CCU SCI L ~~~ AGENDA STATEJVIENT ~i4/j ccn o~ _.___..~ _ _~ __ - - _ _ _ - '~---,` CHUtA VISTA _~~~ -t/17/12, Item ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2011-01 (DEL MAR AVENUE) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF C'HULA VISTA CERTIFYING THB RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABUL:4TION FOR PROPOSED ASSESSMENT DISTRICT NO. 20ll-O1 (DEL MAR AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS LATED THERETO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENGINEER REVIEWED BY: ASSISTANT CITY ACTER S~ CITY MANAGER 4/STNS VOTE: YES ^ NO SUMMARY On February 28, 2012 the City Colmcil adopted Resolution No. 2012-021 approving the Engineer"s Report for the proposed Assessment District AD 2011-01 along Del Mar Avenue between Na1~1es Street and Oxford Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. EN~~'IRONMENTAL REVIEW The. Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualities for a Class 1 (c) categorical exemption pursuant to Section 15,01 (Existing Facilities) of the State CEQA Guidelines because the proposed project consists of the reconstruction of an existing street involving negligible or no expansion of an existing use. Thus, no further CEQA environmental review is necessary. Additionally-, because the proposed project will be utilizing federal Comniunit5~ Development Block Grant (CDBG) funds, the Development Services Director has also revie~,~ed the project proposal for compliance with the National Environmental Policy Act (NEPA) as implemented by the U.S. Department of Housing and Urban Development (HUI>) Environmental Guidelines. The Development Services Director has determined that the ~~ 4/17/12, Item Page 2 of 3 project proposal dualities for a Categorical Exclusion (subject to 58.5) pLU~suant to Code of Federal Regulations (CFR) Title 24. Section 58.35(a). Thus, no further NEPA environmental review or determination is necessary. 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 191 ~ (the `'Block Acf"} and Article XIIID of t1~e 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. DISCLiSSION The area being pruposed for the Del Mar Avenue Assessment District consists of Del Mar 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 Part: 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. I/xisting improvements within the proposed assessment district generally consist of deteriorating asphalt streets with little or no other street improvements. The~°e are no existing curb_ gutter or sidewalk improvements on these streets. On October 11. 2011, thc; City Council accepted a petition signed by 26 of the 40 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 February 28. 2012 the City Council adopted Resolution No. 2012-021 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2011-01 along Del Mar Avenue. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. On February 29, 201.2 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 51 >2 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. 2011-199) adopted on October 11. 201 i. Additionally, by completing their assessment ballots, the property owners will have the right. to specify their support or opposition to the levv of assessments to finance the construction 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 maximui~n principle amount that each owner is required ~~ 4/17/12, Item '~' Page 3 of 3 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 1mprOVementS. 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: 1. That this Public Hearing was properly noticed. ?. That Assessment Ballots including the Notice of Public Hearing were provided to all owners within the approved Assessment District Boundary on February 29, 2012. ~. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to be heard. 5. That the Council has considered all objections or protests. C~. That following the conclusion of the Publie 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 hlection 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. DIJCISION MAKIJR CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within X00 feet of the boundaries of the property that is the subject of this 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 $134.885. 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 Parl: 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 201 1-OI Proposed Boundarv Map Pri~purecl b>>: Boushrcr ScrJcam. Senior Gr•il Engineer, Public yT'orks~'E»gineeriy~~ Dept J:'.Eu~~i~ree°r1.~GE:1~D-( C,.LS?tll?1(Id-1'-1?'~DcI:1/ur.~i~c~.-tDPH('A.S,doc -~ Q ~""~. m x W _._.__ .. 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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 2011-01 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 February 29, 2012. 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 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. ,, "~ Resolution No. 2012- 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 2011-01 along Del Mar 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 ele~j ion as set forth in said Statement of Votes Cast. ,~/ Presented by Richard A. Hopkins Director of Public Works as to Gl~n R. Goog City Attorney _,....~ .~. r' _ EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY, that at the conclusion of the public hearing upon the proposed assessment in accordance with the provisions of subdivision (d) of Section 53753 of the Government Code, I, an impartial individual, did tabulate the ballots submitted and not withdrawn, in accordance with the provisions of subdivision (e) of Section 53753 of the Government Code at the hearing on CITY OF CHULA VISTA DEL MAR AVENUE ASSESSMENT DISTRICT NO. 2011-01 in said City, held April 17, 2012. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast for the formation and establishment of said district and the imposition of assessments on the properties therein and the totals therefore as shown below are full, true, and correct. VOTES CAST YES NO WITNESS of my hand and Official Seal this day of 20 Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA -~~`~7