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Home My WebLink About2012/07/17 Item 12CITY COUNCIL AGENDA STATEMENT ~,~;~ c11Y of CHULA VISTA 7/17/12, Item !2 ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2011-02 (TWIN OAKS 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. 2011-02 (TWIN OAKS AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS r~,'" \~ REVIEWED BY: ASSISTANT CITY AGER Sl CITY MANAGE 4/STHS VOTE: YES ^ NO SUMMARY On May 22, 2012, the City Council adopted Resolution No. 2012-085 approving the Engineer's Report for the proposed Assessment District AD 2011-02 along Twin Oaks Avenue between Emerson 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 Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (c) categorical exemption pursuant to Section 15301 (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 Community Development Block Grant (CDBG) funds, the Development Services Director has also reviewed the project proposal for compliance with the National Environmental Policy Act (NEPA) as implemented by the U.S. Department of Housing and Urban Development (HUD) Environmental Guidelines. The Development Services Director has determined that the 12-1 7/17/12, Item ! 2 Page 2 of 3 project proposal qualifies for a Categorical Exclusion (subject to 58.5) pursuant 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 heazing, 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 Twin Oaks Avenue Assessment District consists of Twin Oaks Avenue between Emerson 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 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 deteriorating asphalt streets with little or no other street improvements. There are no existing curb, gutter or sidewalk improvements on these streets. On October 11, 2011, the City Council accepted a petition signed by 13 of the 20 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 May 22, 2012 the City Council adopted Resolution No. 2012-085 approving the Preliminazy Engineer's Report for the proposed Assessment District AD 2011-02 along Twin Oaks Avenue. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. On May 23, 2012 ballots were mailed to all residents within the approved Assessment District boundary. This meets the 45-day requirement for notice of this heazing. All ballots that have since been completed and returned to the City Clerk, as well as any submitted prior to the close to this public heazing 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. 2011-200) adopted on October 11, 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 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 maximum principle amount that each owner is required 12-2 7/17/12, Item / Z-- 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 improvements. 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. 2. That Assessment Ballots including the Notice of Public Heazing were provided to all owners within the approved Assessment District Boundary on May 23, 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. 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 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 shaze 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 1. Assessment District 2011-02 Proposed Boundary Map Prepared by: Boushra Salem, Senior Civi! Engineer, Public Works/Engineering Dept /.' IEnganeerlAGEA~DAICAS2012107-17-IllTlvin Oaks AD PH CAS. doc 12-3 pp ~~ pp`~' P ~ ~1~~O~!~'J:6~I~,0F'I U J N I ~A ~~r ~[ k)j ~y 1 HFAEBT [FRRFY iHAT THE ri11HIN MM SHOYANG Pg0P05ED BDUNDANES OF THE ASSE541E1FT DISTAICL att OF CHUU NSTA CWNtt OF SAN DIETA. STATE OF CALIFORNIA WAS APPfiOVED BY TILE CITY COUNCIL OF 1HE CfiY AT A PEWLAR MEETING 1HEREDF, HELD W 7HE_DAY OF .2011 BY gESOLMgON xa att CtEHK, att a cHDU vlsrA FlIFD IN THE OFFICE OF THE dtt LIEflK aF 7NE aTY OF EHMLA NSTA 1H15_DAY OF . 7Di1. CRY CIEKK, dtt OF CHUU NSTA ASSESSMENT DISTRICT 2011-02 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA _ - r F N v1 y y qp y ~ ~KK0 p ~y' ~ % ~ ~ o % O y m L ~ 2 I Yd O F O L a Y a m a .j y ~ DF W m~J~J,, e~ a ~ e' m~ mg a aB E 69-TB1-fO I{4 -_ n - a% O~(F - f'3n 0f095fK 619-1 2-25 nv nm ac AK ~ el -172-T ]JG ~Oml 51 ~p ~ N i f~E TM GN AK n < °' yi m y% ~ K% n '~ n ''{~ I S 1 S I D ~ a ' a N a i I! i F N O N Fd N N h N ~ b ~! jp $ .O ~ ~p ~ ~ B ~ q ~ a LEGEND: ® AREA OF IMPROVEMENTS _ _ _ _ FlNAL ASSE59AEIFT DISiflICf OWNOAflY N.A.P. Nor n PARr of msTmcr 0 c~uav~sr~ FlUD 1H1~ u~ ~ ~~wT OISiR12C15 IN THE OFFICE OF THE CWNTY flEC0fl0ER OT rHE CWFItt OF SAN OIEGO, STATE aF CALIFORNIA CWNTT RECORDER. CWNtt OF SAN DIEGO REFEAFNCE IS HEREBY MADE TO 1HE CWNtt OF SAN DIEGO. STATE OF CALIFWNIA ASSESSOR PARCEL DAPS FOR DE7AIIID 0725-10 AD2011c 02 0IMFN9ON5 OF INDINOUAL PMCf15. ,,, ~ to RESOLUTION NO.2012- 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. 2011-02 (TWIN OAKS 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 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 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 October I1, 2011, the City Council accepted the aforementioned petition and directed the City Engineer to prepare a Preliminary Engineer's Report for the proposed assessment district; and WHEREAS, on May 22, 2012, the City Council adopted Resolution No. 2012-085 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2011-02 along Twin Oaks 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 2011-02 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 May 23, 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. 12-5 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 2011-02 along Twin Oaks 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 12-6