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HomeMy WebLinkAbout2012/05/22 Item 07CITY COUNCIL AGENDA STATEMENT ~~f/~ cirroF '~`CHUTAVISTA 5/22/12, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR TWIN OAKS AVENUE BETWEEN EMERSON STREET AND OXFORD STREET ASSESSMENT DISTRICT NO. 2011-02, APPROVING- THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORD G THE INITIATION OF BALLOT PROCEEDINGS SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF EN REVIEWED BY: CITY MANAGER ~ `> ASSISTANT CITY MANAGER ~~ 4/STHS VOTE: YES ^ NO SUMMARY On October 11, 2011, by Resolution No. 2011-200, the City Council accepted a signed petition from 13 of the 20 owners of residential properties along Twin Oaks Avenue between Emerson Street and Oxford Street requesting that special assessment district proceedings be commenced. Resolution No. 2011-200 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 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 Twin Oaks Avenue Assessment District, and order the initiation of ballot proceedings regarding formation of the proposed Twin Oaks Avenue Assessment District. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity, consisting of the formation of an Assessment District, 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; 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 at this time. Although envirommental review is not necessary at this time, once the scope of the individual project(s) to be funded has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. 7-1 5/22/12, Item Page 2 of 3 RECOMMENDATION City Council approve the resolution: (1) adopting a map showing the proposed boundaries for Twin Oaks Avenue Assessment District No. 2011-02; (2) approving the Preliminazy Engineer's Report; (3) setting the time and place for a public heazing as July 17, 2012 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"); and, (4) ordering the initiation of ballot proceedings in accordance with Article XIIID. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area proposed for the Twin Oaks Avenue Assessment District consists of Twin Oaks Avenue between Emerson Street and Oxford Street. This is a Residential Street with a 60 feet- wide right-of--way and is located within the Castle Pazk azea 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 Palomaz 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 October 11, 2011, the City Council accepted a petition requesting the formation of an assessment district signed by the owners of 13 of the 20 properties located within the proposed district azea. 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 Preliminazy Engineer's Report containing the preliminary design and cost estimates for this proposed project, as well as the proposed Assessment District Boundary Map. Preliminary Engineer's Report This project consists of the construction of concrete curb, gutter, sidewalk, driveway aprons and street pavement replacement along Twin Oaks Avenue between Emerson 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 $700,000, of which the property owners' share is $59,330. 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 aloes-interest United States Department of Housing and Urban Development (HUD) Section 108 loan received specifically to fund full street improvements in the Castle Park azea; 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. The City Council is being requested to review, amend (if desired or necessazy), and approve the Preliminary Engineer's Report. 7-2 5122/12, Item Page 3 of 3 Public Hearin¢ and Ballotin¢ 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, July 17, 2012 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. 2011-200. 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 boundazies of the property that is the subject of this action. CURRENT YEAR FISCAL IMPACT The total cost of this project is estimated to be $700,000, of which the property owners will repay an estimated share of $59,330. 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. ATTACHMENTS Attachment 1. Twin Oaks Avenue AD Preliminary Engineer's Report Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. T:\Engineer\.AGENDA\CAS2012\OS-22-I2\TwinOal6 AD Accepting Eng Report CAS.doc 7-3 ATTACHMENT "1" PRELIMINARY ENGINEER'S REPORT For TWIN OAKS AVENUE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2011-02 QRpF ESS / pyq,. ;~O FARq ~`~... ice? ~Q, /~, Fy:.~. A ~ N G~`• y Y m 1'. w ~ ~ m: m ~~~~ ~ No. 6'1245 3 ~', .9TFOF ~`R?.;. May 22, 2012 7-4 Background The area being proposed for the Twin Oaks Avenue Assessment District consists of Twin Oaks Avenue between Emerson 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 Pazk area of the City of Chula Vista. The Castle Pazk azea 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 Twin Oaks Avenue. On October 11, 2011, by Resolution No. 2011-200, the City Council accepted a petition signed from 13 of the 20 owners of residential properties along Twin Oaks Avenue between Emerson Street and Oxford Street requesting that 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. 2011-200 also declazed 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 Twin Oaks Avenue Assessment District. Pursuant to Council Policy 505-1, Assessment Districts for the construction of infill street improvements are to be formed with the participation of the City using either the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as enacted and amended in the Califomia Streets and Highways Code and as amended by City ordinances. The Assessment balloting process shall be conducted in accordance with Article XIIID 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 that 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 construction of the driveway apron serving their properties and for any costs associated with the relocation of private improvements (only if private improvements are located within the public right-of--way and in conflict with the new public improvements). Overall Design and Cost Estimate The project area and general location of improvements aze shown on the attached Exhibit "A", the Proposed Boundazy Map for Assessment District 2011-OZ, Twin Oaks Avenue Page 1 of 5 Prelnninaq~ Engineer's Repor( Turin Oaks Avenge AD ?011-OZ 7-5 Assessment District. The properties, which will benefit from these improvements and would be a part of the district, aze as follows (Table "I"): TABLL "i" Assessor's Parcel Number i Property Address 619-181-01 1 1151 Twin Oaks Ave & 231-223 Emerson St 619-181-02 1 1155-1157 Twin Oaks Ave 619-181-03 1 1159 Twin Oaks Ave 619-181-04 1161- 1163 Twin Oaks Ave 619-181-06 1171 Twin Oaks Ave 619-] 81-06 1175 Twin Oaks Ave 619-181-07 1183 Twin Oaks Ave 619-181-08 ~ 1185 Twin Oaks Ave 619-181-09 1 191 Twin Oaks Ave 619-181-10 ~ 1195 Twin Oaks Ave & 230 Oxford St 619-172-IS 1184 Twin Oaks Ave 619-172-16 11182 Twin Oaks Ave 619-172-17 ~ 1180 Twin Oaks Ave 619-172-18 i t 176 Twin Oaks Ave 619-172-19 ~ 1170 Twin Oaks Ave 619-172-20 ~ l 166 Twin Oaks Ave 619-172-ZI I 1160 -1158 Twin Oaks Ave 619-172-22 ~ 1154 i Twin Oaks Ave 619-172-25 1152 Twin Oaks Ave & 239 Emerson St The improvements includes reconstruction of the street asphalt concrete, construction of monolithic curb, gutter and sidewalk, miscellaneous associated drainage facilities, and storniwater treatment facilities. The sidewalk will be five feet wide and will match the existing sidewalk at the north boundary of the Twin Oaks Avenue Assessment 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 far the project is estimated to be $435,000. This estimate is based on the preliminary design. City staff costs for design, inspection utility Page 2 of 5 Pre(iminm7~ E~rgineer's Report Twin Oaks Arenue AD ?011-02 ~_6 relocation adjustment and associated soil testing aze estimated to be an additional $265,000. All project costs will initially be paid through aloes-interest United States Department of Housing and Urban Development (HUD) Section 108 loan received specifically to fund full street improvements in the Castle Pazk area; this loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. Method of Annortionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form Assessment Districts for the installation of street improvetents. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and constuction inspection. Property owners would be required to pay for driveway aprons and for removal and/or relocation of any private improvements within the City right-of--way. The property owners' responsibility is estimated to be $59,330 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 and/or 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 squaze 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. TABLE"2" Assessor's Parcel Number Property Address Private Imp Preliminary Assessment 619-181-01 1151 Twin Oaks Ave & 231-223 Emerson St None $2,955.00 619-181-02 1155-1157 Twin Oaks Ave None $4,035.00 619-181-03 1159 Twin Oaks Ave None $2,405.00 619-181-04 1161- 1163 Twin Oaks Ave None $3,750.00 619-181-OS 1171 Tcvin Oaks Ave None $3,210.00 619-181-06 1175 Twin Oaks Ave None $4,550.00 619-181-07 1183 Twin Oaks Ave None $2,810.00 Page 3 of 5 Pre[rminaq, Engineer's Report Tcvin Oaks ~I rem~e AD 10! 1-01 ~-~ Assessor's Parcel Number Property Address Privake Imp Preliminary Assessment 619-181-08 1185 Twin Oaks Ave None $1,60.00 619-181-09 1191 Twin Oaks Ave None $1,865.00 619-181-10 1195 Twin Oaks Ave & 230 Oxford St None $3,360.00 619-172-16 1184 Twin Oaks Ave Chain Link Fence $2,585.D0 619-172-16 1182 Twin Oaks Ave None $3,215.00 619-172-17 1180 Twin Oaks Ave Chain Link Fence $3,215.00 619-172-18 l 176 Twin Oaks Ave Iron Fence w/Block Pillar $4,570.00 619-172-19 1170 Twin Oaks Ave Picket Fence $3,630.00 619-172-20 1166 Twin Oaks Ave None $1,875.OD 619-172-21 1 ]60-] 158 Twin Oaks Ave None $2,060.00 619-172-22 1154 Twin Oaks Ave None $3,090.00 619-172-25 1152 Twin Oaks Ave & 239 Emerson St None $4,545.00 Total of Preliminary Assessments = $59,330 to be paid by property owners The cost breakdown in this Engineer's Report will be reviewed afrer the project has been constructed. At that time, all actual quantities will be known, and the cost of the Final Assessments can be determined based upon the bid results of the Contractor to which the City awards the contract for construction of the public improvements. The maximum assessment for each individual property listed in this Engineer's Report cannot be increased without another ballot process. O:IEngineerhigLl!! ProjecrslSTLlSTL336 TvinOalu (.4D! 1-0?JL(ssessmen6Arin0aCs Preliminary Eng Rpt Os-I?.doc Page 4 of 5 Prelrminapr Engbreer's Report Twin Oaks Arenue AD ?0/ 1-02 7-8 EXHIBIT "A" a2 Kra Q PROPOSED BOUNDARIES ASSESSMENT DISTRICT 2011-02 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ~~ c~uwvisrn J CD 1 HEREBY CERRFY 1NAT THE WITHIN NAP SHOVING PROPOSED BWNDaRIES OF 1HE ASSESSTIENT OISIRICT, QTY OF piUlA N5T0. COUNTY OF SAN gECO, STATE aF CALIFORNIA WAS APPR04ED BY THE qTY COUNCIL OF THE qlY AT A flECUWi HEELING THEREOF, HE1D ON 7NE_OAY aF .2072 8Y RESOLURON NO. qir CLERK, qTY OF CHULA NSTA FlLED IN THE OFFCE OF THE qTY CUSLK OF 7NE qTY of cnuu Hsra THIS_oaY aF .2012 QTY gERK, CITY W giUlA NSTA LEGEND. FlLED THIS_DAY !H' 2012, IN BOON AT PAGE OF LIAP aF ASSES_WENT OIS1fIICTS IN THE OFFICE OF 1HE CWNTY ® AREA W IAIPROVFAIEN75 RECORDER aF THE COUNTY OF SAN OIECO, STATE OF CALIFORNIA FlNAL ASSE59AENT ~~~- DISTRICT BWNOARY N.A.P. NOT A PART OF OISiRICT COUNTY RECORDER, CWNTY OF SAN DIEGO REFERENCE IS HER®r uADE 70 THE couxn a sAN mECO, SHEET T OF 1 STALE OF CALIFORNIA ASSESSOR PARCFl NAPS FOlt DETAILED 0725-10 AD201T-02 DINEN90N5 OF MDINDUAL PARCELS. W.O. N0. STL386 RESOLUTION NO.2012- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR TWIN OAKS AVENUE BETWEEN EMERSON STREET AND OXFORD STREET ASSESSMENT DISTRICT N0. 2011-02, 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 Twin Oaks 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, on October 11, 2011, pursuant to Resolution No. 2011-200, 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 Twin Oaks Avenue between Emerson 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 Twin Oaks Avenue Assessment District No. 2011-02 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 Twin Oaks Avenue Assessment District No. 2011-02. 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 2011-02 dated May 22, 2012. 7-10 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, July 17, 2012 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. Presented by Richard A. Hopkins Director of Public Works 7-11