HomeMy WebLinkAboutReso 2013-232 RESOLUTION \70. 2013-232
RESOLUTIOI�� OF THE CITY COLTNCIL OF THE CITY OF
CHiTLA VISTA REVISING COUI�'CIL POLICl' NO. �0�-Ol:
FORMATION OF ASSESSMENT DISTRICTS WITH CITI'
PARTICIPATION FOR CONSTRUCTION OF INFILL STREET
IMPROVEMENTS
WHEREAS, the original version of Council Polic�� No. �0�-01, Participation by the Cih
of Chula Vista in 1911 Block Act Program Proceedines, ���as adopted b�� Resolution No. 1 li73
on Aueust 30. 1983: and
W'HEREAS, this polic�� required the Cit�� to pa}� for all design, inspection and
administrative costs; as �vell as costs to relocate existine utilities. resurface the existing paved
road���ay, and construct improvements alone the side of comer properties. The property owmers
would be responsible to pay other construction costs; and
�'HEREAS, on Januan� 27, 2004, Council subsequently adopted Resolution No. 2004-
031, ���hich replaced the existine Council Policy to account for funding provided b}� the Vdestem
Chula Vista Infrastructure Financing Program. The new� policy included the payment of
additional construction costs by the Citv for properties �ti�ithin the Castle Park azea and allo�ti�ed
for the use of the Assessment District process outlined in the D4unicipal Improvement Act of
1913: and
WHEREAS, the funds in the Chula Vista Infrastructure Financine proaram have been
exhausted and the Ciri� needs to revert back to the previous level of fundine by the City.
NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereb�� re��ise Council Policv I`'o. �0�-01: Formation of Assessment Districts �t�th
Cin� participation for Construction of Infill Street Impro��ements (Exhibit A).
Presented b}� Approved as to form b}�
� �
Rich A. Hop �n Gl n R. G ogins
Director of Publi 'orks Ci � ev
Exhibit A: Revised Council Policv No. �0�-01
I
Resolution No. 2013-232
Page 2
PASSED. APPROVED, and ADOPTED by the City Council of the Citv of Chula Vista,
California, this �th da}� of November 2013 by the following vote:
AYES: Councilmembers: Aguilar; Bensoussan, Ramirez, Salas and Cos
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, yor
ATTEST:
� � ��
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 20li-232 was duly passed, approved, and adopted by the City Council at a
special meeting of the Chula Vista City Council held on the Sth day of November 2013.
Eaecuted this Sth day of November 2013.
f�./� � �i/�'�/vS--�
Donna R. Norris, CMC, City Clerk
� °����
� Rae �'
COLT'CII POLICI'
CITI`OF CI3L-I.A VIST�
SL-BJECT: FORn2�TI0?� OF _aSSESSng1'T pOLIC1` E����
DISTRICTS �VIrH CITl` P_�.RTICIP�TION FOR
\'LTiBER D:�TE P-�GE
CONSTRliCTION OF L�`FILL STREET �0�-01 1 OF �
LriPRO��E'�g\I'S
�DOPTED Bl�: Resolution No. 1 li i3 (S/30/33) D?,TED:
..�1VIE1`DED BY:. Reselution No. 2004-0_I (1/2 i/0�);
BACKGROLT�D
There are many properties w�ithin the westem area of the City ef Chula V ista(particularly in the D1onteomery
area)that do nct have full stteet improvements. Council adopted Council Policy Na :0:-01 by Resolution
No. 113 i3 on Auoust�0, 1953 to provide guidelines fer the City's financial patticipation in Assessment
District formation under the 1911 Blckk Act Proeram. These euidelines addressed certain financial issues,
however,over time questions arose regardinz district administration that were not addressed by this policy.
These issues include the acquisition of rioht-of-v.�av and the application of deferral pa�•ments and aereements
made for the construction of stteet improvements.
.4dditionally,chanees in assessment law since 1953 have affected the establishment of these districts. The
prceess of formine.Assessment Distticts under the 1911 Block.Act has become more cumbersome since the
passase of Proposition Z 1 S. The 1483 policy stated that there µ�ould be no City contribution tow•ards the
conscruction of improvements adjacent to undeveloped or commercial/industrial lots.The necessity of treating
all properties in a district in accordance u�ith Proposition 218 requires reconsideration of these issues. '
These issues were addressed as part of the policy revision appro��ed by Council on lanuary Z i, ?004 bv
Resolution No. 2004-031. This revision wu also necessitated by the adoption of a new proaram for the
financing of infill sneet improvements in the Monteomery area called the CDBG Street Rehabilitation
Program. Undzr thi>program;the Cin•financed all construction and desien costs for infill screet
improvements zxcept for the construction of dri��eway aprons. All the funds for this proeram have been used,
and it is antitipated that similar fundine will noi be available in the near future. Therefore,the policy needs to
be revised in order to reflect the previous financin2 methodoloev.
PURPOSE
To revise[he existino Citv polic}• on establishment of Assessment Districts for the construction of infill street
improvements.
POLICY'
The City Council establishes the fellowins polic��for City participation in the establishment of Assessment
Districts for the construction of infill street improvemen[s:
l. (' P�al� Pr��*?'
a. Asse>sment Districts for the construction of infill street impro�•ementsµ•ill be formed with the
participation of the Cit}•usinz either the Improvement.�c[of 1911 u enacted and amended in
the California Stteets and Hiehways Code(panicularly Chapter 2 i thereof;commenh•referred
to as"The Block Acr')or che Municipal Improvemenc Act of 1913 (Division I? of the
Califomia StreeL and Hi�hwa��s Code)as amended b��City ordinances. The asserment ,
ballotine process shall be conducced in accordance w•ich Chapter XIIID of che California
Constitution (Proposition 218)or applicable State law�.
Resolution No. 2013-232
Page 4
COUNCIL POLICI'
' CITI� OF CHULA�TSTA
SUBJECT: FOR1�ZaTION OF ASSESSMENT POLICY EFFECTI�'E
DISTRICTS «TTH CITY P4RTICIPATION FOR ��ER D�TE P�GE
CONSTRtiCTION OF INFILL STR�ET �0�-01 2 OF 5
In1PROV�n�NTS
:�DOPTED BY: Resolution No. 113 i3 (8/30/3_) D9TED:
��fENDED BY: Resolution No. 2004-031 (1/27/04);
b. N'here a minimal number of propeity oti�ners in a bbck ha��e infill street improvements and it
would be impractical to fonn an .4ssessment District, Cotmcil may authorize the CitY to enter
into a reimbw sement agreement with an individull properry owner for the financino of the
property owners share of construction costs in accordance with Chula Vista Municipal Code
Chapter 1�.�0. Said agreement shal I be for a maaimum tenn of ten years.
'_> I��ciriM C'nm cJ+n itinn• .
a. A District is comprised of both sides of a public street between two intersections,u�here both
sides of the public street do not have full improvements(including curbs, gutters and
sidewalks). .A public sveet shall be defined as righaof-way dedicated ro and accepted by the
Ciry as a public roadway, ordedicated to another public agency as a public roadway and
acquired by ihe City, which provides primary access to adjoining properties.
b. R�here full improvements have already been constructed on one side of a public street, a
Distnct will be comprised of that side of such public street between intersecnons on �vhich
full impro��ements have not been constructed.
c. At the option of Council and if property owners indicate such an interest,the District may
include additional contiguous blocl<s in the Districtin conformance with 2a. and 2b. above.
d. City participation in District formation in areas with a primary land use designation as
commercial and/or industrial shall be limited to the overlay or reconstruction of existins
roadway travel areas, u�ith the exception of occasional commercial properties(such as corner
lets) located in areas primarily classified as residential. In the latter instance,such
commercial preperties shall be treated in the same wa��as adjoining residential p�operties.
e., The City shall nat participate in the formation of a District for a block H�hich is primarily
undeveloped. R'here isolated undeveloped properties are located in a blocl<which is
otherxise deveioped, the Qt}�will provide the same benetits provided to developed lots if
aereement can be reached with the owner of such mideveloped property w�hich wdl include che
location and width of drivev.�ays. If agreement is not reached, the City shall construct
pa��ement ro thz width where tl�e cmb and gutter�vould have been constructed, but install an
asphalt berm in place of curU, gutter and s�dewall<.
f. The Ciry shall not paiticipate in District formation for improvements to private streets.
e. The Cirv's financial panicipation in District formation for improvements to public alleys shnll
,�' be limited to utility relocation, replacement of existing improvements and all engineering,
inspection and administrati��e ser�-ices. Public alleys are defined as right-of-v.-ay dedicated ro
or accepted by the Citv as a public roadway, or dedicated to another public aeency and
� acnnirr�l hv ihr Citv u�hirh ornrrallv nrnviArc cPrnnriarv arrrcc in thP a�iininina nrnnrriirc
Resolution No. 2013-232
Paee i
� COL?vCIL POLICY
CITI'OF CHLZ�1�TST�.
SL-BJECI�: FORn1aTI0?� OF . :�SSESSNIE\�? P�LI�� EFFECTI��E
DISTRICTS �iTI'H CITI� P�,R?ICIP�'IIO\ FOR �tiT�ER D�TE P?,GE
CO\`STRtiCTION OF L1'FILL STREET
L�IPROVEr�NI'S �0>-O] 3 OF 5
�DOPTED Bl': Resolution No. 113 i3 (S/30/33) DATED:
:1DIENDED BI': Resolution No. 200�-031 (1/2 i/04);
alono the sides or rear of such properties.
3. R�ahr�f\Vav Iccnrc .
a. It is desirable for the City to have the scandard ">6 feet width rieht of w•ay for construction of
full street improvements on both sides of a two-way street; however,at che sole discretion of
che Cin• I�lanaeer(or designee), the acceptable nght of way width for cons[ruction of stree[
impro��ements ma�•be reduced on a project—by—project buis to a minimum of 46 feet.
b. If existing street richt is less than 46 feet, rieht ofµ•ay acquisition will be required. Propem
oumers H�ithin the proposed District boundaries must unanimously agree to dedicate sufficient
ri2ht of way to rtieet chis requirement to the City at no cost to the City in order for Distria
formation ro prceeed. The City w•ill not pay for ri�ht of way acquisition or undertake
condemnation proceedin�s under this policy. V
_ - �
I
4. I2ef�saL
In accordance wich �lunicipal Code Sections 12.24.040 chrou¢h 12?4.130_propem•owmers who
construct improvements on their propenies above a specific value are required to construct infill
street improvemenu. They may apply for a deferral on constructine such improvemencs based on
the existing conditions of the surroundins area. If the deferral application is appro�•ed,the
propertv owner must sign an aereement with the City, which is secured throush a lien on che
propem�,by payment of a cash deposit or other method approved by Council on an individual
buis.
a. If the deferral is secured by a lien, the lien or portion of the lien associated with the defertal of
construction of infill sneet improvements to be installed and financed throuzh an Assessment
District will be released after formation of such District includino such propem�has been
accepred as complete by the Cin�Council and/or City D1anaeer. This propem will be
assessed for the speciai benefit received by such propem�from the improvements to be
financed throueh the new District in accordance with applicable sections of the Califernia
Str:eu and Hi�hways Code.
b. If thz defenal is secured by a cash bond co��erine the eost of curb, eutter and sidew�alk, such
bond plus the interest that has or should have accumulated since the date of payment will be
applied as a credit to be subtracted from the portion of District costs allocated to the prepem.
This will onl��applv to[he amount paid to cover the cost of the portion of the public street or
pub�ic alley to be installed and financed through the District.
c. After formation of the District and construction of all facilities is complete, it will be
determined if che current owners of che properties with cash bend deferrals are eli�ible to
rrrr.ivr refimric The nnrtinn nf ihe rach MnA accru�iarrA with infill imnmvrmr.ntc fnr ihe
Resolution No. 2013-232
Page 6
COUNCIL POLICY
> CITY OF CHULA VISTA
SUBJECT: FORMATION OF ASSESSMENT POLICI' EFF�CTIVE
DISTRICTS �'�TTH CITI' P4RTICIPATION FOR ��ZBER D�T� P:�GE
CONSTRUCTION OF INFILL STR��T 505-01 4 OF >
INIPROVEn4TNTS
ADOPTED BY: Resolution No. 11373 (S/30/33) DATED:
An4ENDED BY: ResolutionNo. 2004-031 (1/27/04);
street or alley installed and financed through the District ti�ill be deterniined and added to the
interest u�hich the City has or weuld have eamed on this amount from the quarter when the
deposit was made to the quarter when the construction contract was awarded. The amount
payable by the property owner under the District will be subtracted from the cash bond plus
interzst. If the resulting difference is positi��e, such difference shall be refunded to the
property owners.
d. Should the pro��isions of Section 4, nPf�rralc conilict u•ith the provisions of a Deferral
Agreement propei9y executed by the Cit}�designee and the property owner prior to approval of
this Council Policy,the Deferral .4greement will govem.
$, (' ct�ma � Finan�'al Pa t'r'na1��n �n Accecem nt Ilictrirt Pinanrinu
The following shall be the policy for City and propeiYy ou�ner participation for areas that qualify
for Ciry participation in Assessment District formation:
a. The City will pay for the following costs for non-corner lots through ihe Ci2y's Capital
Improvement Program:
i. All eneineering, inspection and administrative services necessary to form the
Assessment District and desig�i and construct the improvements;
ii. Relocation of all public improvements found to be in conflict with the proposed street
improvement construction. Such conflicting improvements shall include,but not be
limited to: street lights,traffic signal standards, draina�e structures, fire hydrants,
other utilities, etc.;
iii. Reswfacing and/or reconstruction of the existing paved roadway where needed;
i��. -Replacement of pri��ate improvements outside the existing public road riaht-of-vray
b. The property owner will pay for the followin�costs for non-comer lots:
i. All construction costs not itemized in 6a. above including,but not limited to, curb,
eutter and sidewalk,driveu�ay aprons, and additional paved surfaces;
ii. Repav or replacement and relocation of esistin�private improvements encroachin�on
the esistine road right-of-way
c. �or comer properties ufiere both sides of the property are missing full street improvements,
d�e followin2 improvements���ill Ue paid by ihe City in addition to the items listed in 6a.
abo��e. Note that the front lot line shall be defined as the shorter of the tw�o adjacent sveet lot
lines and the side lot hne shall Ue defined as the lonn�er of the two.
i. Curb; gutter and sidewall<, pedestrian ramp and pavement located between the curb
retwn at the front bt line and the curb return at the side lot Ime
� ii. CurU, �utter and side�aalk and pzvement located along half the parcePs sde lot len�th
d. For dual frontage bts v✓hei e both sides of the property are missing fuI I street improvements,
thP fnllnwino imnrnvPmvn7< a�ill hr naiA hv thr('iN in aririitinn tn ihr itemc lictr�i in Fa
Resolution I�'o. 2013-232
Page 7
COU?VCII. POLICY
CITI' OF CHLZ��1ST�
SUBJECT: FORn2-�TION OF ?,SSESSnIENT pOLICl` EF���;E
DISTRICTS «ITH CITl' P_�RTICLPArI01 FOR =��T�ER Da'I'E PAGE
CONSTRliCITON OF I\`F"II:L STREET _0�-Ol � OF >
LTiPRO��E�fENTS
ADOPTEDBl': ResolutionNo. 11i7_ (S/30/3-) D�TED:
:�1�IE\�ED BY: Resoluvon I�o. 2004-0_1 (1/2 i/0�):
above. The propem�owTer is respensible for paying costs itemized in 66. for the front side.
Dual frontage lots are defined as lots ha��ino frontaQe on tv.•e parallel or approximatel}•parallel
streers, one of which may be a public alley�
i. Install pa�•ement(if non-existent)for the roadv.-ay adjacent ro the parcel's entire rear
lot line;
ii. Resurface and/or reconsttuct the roadN•ay adjacent to the parcel`s entire rzar lot
frontaee if needed.
6. P ��+em�(1vmPr Finan�ina .
4t the discretion of Coencil,City mav offer financine of the preperty ov.mers' share at a ma+:imum
of se��en percent intereZ for a maximum period of ten vears, for Assessment Districss formed
under either the 1911 Block Act or the �.lunicipal Improvement Act of 1913. Based on the ameunt
to be financed in a particular District and the pre�-ailine interest rate offered by lendine instimtions
and Cirv rate of return on investment, thz Cirv may decide to offer, with Council approval, a lower .-,_
interest rate and/or a shener maximum repa}mient period. �
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