HomeMy WebLinkAboutAgenda Statement 1983/07/26 Item 6 COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 7/26/83
ITEM TITLE: Resolution //33/Approving the division of Lots "F" and 319
of Map 10051 by Parcel Map and authorizing Mayor to sign both
Parcel Maps in behalf of the City of Chula Vista
SUBMITTED BY: City Engineer (4/5ths Vote: Yes No X )
REVIEWED BY: City Manager
Approval of Map 10051, Hidden Vista Village, included approval of Lot 319 as a
fire station. Subsequently, Council has approved a new location for the fire
station within Lot "F" of Map 10051 . On October 5, 1982, Council by
Resolution 11026 approved an agreement whereby Watt Industries agreed to
divide Lot 319 into two building sites by Parcel Map. The new fire station
within Lot "F" was also to be separated from the remainder of Lot "F" by
Parcel Map.
RECOMMENDATION: That Council adopt the resolutions.
BOARD/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The City obtained Lot "F" in fee for open space with approval of the Final Map
for Hidden Vista Village by Resolution 10416 on March 24, 1981. The City
accepted a grant deed from the owners on March 24, 1981 , by Resolution 10417.
On October 5, 1982, by Resolution 11026, Council approved a Sectional Planning
Area Plan amendment in order to relocate the fire station from the northeast
corner of Hidden Vista Drive and Smoky Circle (Lot 319 Hidden Vista Village)
to the northeast corner of Ridgeback Road and East "H" Street (Open Space Lot
"pi) .
In addition, Resolution 11026 approved an agreement between the City and Watt
Industries whereby Lot 319 would be split into two building sites by Parcel
Map. A third lot (Parcel 3) will be created in order to include the slope
adjacent to Hidden Vista Drive in Open Space District 11 . The open space lot
will be included in proposed Open Space Maintenance District No. 11 where it
will adjoin existing Open Space Lot "P" and provide continuity to the overall
open space plan for Hidden Vista Subdivision. Also, Watt Industries has
authorized their engineer (McCabe Engineering) to prepare another Parcel Map
(at the City's request) to split Open Space Lot "F" so the fire station would
be on a separate lot from the open space. Such a split will allow the fire
station lot to be removed from the open space included in a proposed Open
Space Maintenance District No. 11.
Since both parcels being split by Parcel Map (Lot 319 and Lot "F") are owned
by the City in fee, the City must sign both maps as owner.
FISCAL IMPACT: Sale of Parcels 1 and 2 (Lot 319) is estimated to result in
income to the City in excess of $80,000.
WAU:fp/EY093
WPC 0567E
. . .. ..................... ....... ..
COUNCIL AGENDA STATEMENT
•
Item 6a, b
Meeting Date 8/2/83
ITEM TITLE: A. Resolution Approving Agreement with Special Counsel in Connection With
the Proposed Assessment Proceedings and Bond Issuance for Las Flores Drive
B. Resolution //3.3— Establishing Procedure for Public Hearing and Notice
SUBMITTED BY: Acting City Attorney' , (4/5ths Vote: Yes No X )
The passage of these resolutions would permit staff to retain Special
Counsel to provide expertise in the formation of an assessment district to
finance public improvements on Las Flores Drive. It would also establish a
procedure for public hearing and notice on the formation of this district.
RECOMMENDATION: Adopt the Resolutions
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Council has previously directed staff to establish an assessment district to
put in improvements on Las Flores Drive in response to a petition from pro-
perty owners. The assessment district would finance a number of needed
improvements including streets, drainage, lights and sidewalks.
There are numerous legal services required in connection with the formation
of an assessment district and the issuance of bonds to finance such a dis-
trict. These services include review of the dedication and acquisition of
necessary streets and easements, examination of plans and specifications for
the proposed work, recommendations as to schedules, preparation of con-
tracts, bond forms and other necessary documents, recommendations as to the
sale of bonds and issuance of a legal opinion attesting to the validity of
the proceedings and the issuance of the bonds. These services constitute a
legal specialty and the success of the bond issue is somewhat dependent upon
a legal opinion from a specialist in this field. It is, therefore, recom-
mended that we retain F. Mackenzie Brown of Brown & Nazarek, an acknowledged
specialist in this area. The cost of Special Counsel may be included as one
of the costs of the assessment district.
Mr. Brown has recommended to us that we adopt our own procedural ordinance
for notice and a public hearing because there are certain advantages to the
recommended procedure. The State Constitution allows a Charter City to
adopt its own procedures and expressly provides that debt limitations and
majority protest provisions contained in the Streets and Highways Code are
not applicable if the City does this. It also allows the City to bypass the
requirements for an extensive report thereby streamlining the procedure.
FISCAL IMPACT: Fee will be paid out of monies from assessment
district. If proceedings terminate at the conclu-
sion of public hearing, fee will be $85/hour, A,
to exceed $2,000. If concluded at a later st.:e,
fee will be $85/hour, not to exceed $6,000. d _.,y, a-,4---,7_,,,
by the City Council of
Chula Vista, California
Form A-113 (Rev. 11/79)
Dated c ' 2 -
COUNCIL AGENDA STATEMENT
Item 6a, b
Meeting Date 8/2/83
ITEM TITLE: A. Resolution //35"3-3;4.- Approving Agreement with Special Counsel in Connection Witt
the Prcposed Assessment Proceedings and Bond Issuance for Las Flores Drive
B. Resolution 4/3v- Establishing Procedure for Public Hearing and Notice
SUBMITTED BY: Acting City Attorne� (4/5ths Vote: Yes No X )
The passage of these resolutions would permit staff to retain Special
Counsel to provide expertise in the formation of an assessment district to
finance public improvements on Las Flores Drive. It would also establish a
procedure for public hearing and notice on the formation of this district.
RECOMMMENDATION: Adopt the Resolutions
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
Council has previously directed staff to establish an assessment district to
put in improvements on Las Flores Drive in response to a petition from pro-
perty owners. The assessment district would finance a number of needed
improvements including streets, drainage, lights and sidewalks.
There are numerous legal services required in connection with the formation
of an assessment district and the issuance of bonds to finance such a dis-
trict. These services include review of the dedication and acquisition of
necessary streets and easements, examination of plans and specifications for
the proposed work, recommendations as to schedules, preparation of con-
tracts, bond forms and other necessary documents, recommendations as to the
sale of bonds and issuance of a legal opinion attesting to the validity of
the proceedings and the issuance of the bonds. These services constitute a
legal specialty and the success of the bond issue is somewhat dependent upon
a legal opinion from a specialist in this field. It is, therefore, recom-
mended that we retain F. Mackenzie Brown of Brown & Nazarek, as acknowledged
specialist in this area. The cost of Special Counsel may be included as one
of the costs of the assessment district.
Mr. Brown has recommended to us that we adopt our own procedural ordinance
for notice and a public hearing because there are certain advantages to the
recommended procedure. The State Constitution allows a Charter City to
adopt its own procedures and expressly provides that debt limitations and
majority protest provisions contained in the Streets and Highways Code are
not applicable if the City does this. It also allows the City to bypass the
requirements for an extensive report thereby streamlining the procedure.
FISCAL IMPACT: Fee will be paid out of monies from assessment
district. If proceedings terminate at the conclu-
sion of public hearing, fee will be $85/hour, not
to exceed $2,000. If concluded at a later stage,
fee will be $85/hour, not to exceed $6,000.
Form A-113 (Rev. 11/79)