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HomeMy WebLinkAboutAgenda Statement 1984/01/24 Item 14a-c • COUNCIL AGENDA STATEMENT Item 14 a,b,c Meeting Date 1/24/84 ITEM TITLE: a) Resolution /2">--7,42 Designating persons to perform various duties for a special assessment proceedings in regard to Assessment District No. 83-1 (Las Flores Drive, et al) b) Resolution //-s 7 ' Adopting a map showing the general nature and location of certain public works of improvement and showing the proposed boundaries of the assessment district to be assessed for said improvements in regard to Assessment District No. 83-1 (Las Flores Drive, et al) . c) Resolution / /,7~ 2 Making preliminary determinations that the public convenience and necessity requires certain improvements in a special assessment district and setting the time and place for the public hearing in regard to Assessment District No. 83-1 (Las Flores Drive, et al) . SUBMITTED BY: City Engineer f) 1 (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager v Over the past several years Engineering staff has been working with the property owners in the area of Las Flores Drive between Second and Minot Avenues and north of "E" Street to construct public improvements through special assessment district proceedings. In order to start the process for the formation of the district, the first step is to follow the proceeding of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." The Council on August 2, 1983, by Resolution 11333 adopted a procedure for satisfying the requirements of the 1931 Act. We have now reached the point where it is appropriate to take several Council actions to implement these proceedings. RECOMMENDATION: That Council 1. Approve resolution designating persons to perform various duties for a special assessment district proceedings. 2. Approve resolution adopting a map showing the general nature and location of certain public works of improvement and showing the proposed boundaries of the assessment district to be assessed for said improvements. 3. Approve resolution making preliminary determinations that the public convenience and necessity requires certain improvements in a special assessment district and setting the time and place for the public hearing. Page 2, Item 14 a,b,c Meeting Date 1/24/84 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The attached map shows an area where many property owners over the past several years have been interested in the construction of public improvements so that they can proceed with the development of their properties. The improvements include paving, grading, curbs, sidewalks, water and sewer improvements, drainage facilities, underground electrical and communication facilities, gas distribution system, together with appurtenances and appurtenant work. In the first resolution, the Council is being asked to designate persons to perform various duties for a special assessment district as listed below: 1. Designating John Lippitt, City Engineer, to perform all of the duties and functions of the superintendent of streets as the duties are specified and designated in the "Municipal Improvement Act of 1913." 2. Designating the Star-News as the newspaper for all publications as required by law and as necessary for completion of the Assessment District. 3. Designating the consulting firm of Bement-Dainwood-Sturgeon to be the Engineer of Work for said proceedings. 4. Designating F. MacKenzie Brown, Attorney at Law, to act as Bond Counsel for the purpose of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and enforceability of the bonds. The resolution also establishes a special fund designated by the name and number of the Assessment District for placement of all proceeds from the sale of bonds and cash collections. In the second resolution, the Council is being asked to adopt a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913." The Council has the prerogative to revise the exact and precise boundary of the district at the public hearing after all testimony has been heard. In the third resolution the Council is making a preliminary determination that the public convenience and necessity require the installation of certain improvements within a special assessment district and sets the time and place for the public hearing. This resolution resolves as follows: 1) outlining the nature of public improvements to be installed; k'Writ Page 3, Item 14 a,b,c Meeting Date 1/24/84 2) that it is the preliminary determination that the public convenience and necessity require the above referenced improvements and acquisition of right-of-way, where applicable, and that certain of the costs and expenses thereof be paid for by special assessments levied upon property within the boundaries of the Assessment District and that all necessary proceedings be taken without further compliance with the provisions of the "Special Assessment, Investigation, Limitation, and Majority Protest Act of 1931"; 3) that said improvements and work are a direct benefit to the properties and land within the Assessment District and that the City Council hereby makes the expenses chargeable to benefitted properties; 4) that the estimated cost for the improvements to be constructed within the Assessment District are as follows: a) Estimated cost of construction $1,214,729 b) Estimated incidental expenses $ 558,241 c) Estimated total Cost $1,772,970 d) Estimated contribution $ 4,200 e) Estimated balance to assessment $1,768,770 5) sets Tuesday, the 13th day of March, 1984, at 7:00 p.m. the time for a public hearing where all interested persons and property owners may appear and show cause why the City Council should not find and determine that the public convenience and necessity requires said public improvements or acquisition or both, without further compliance with the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." For Council 's information the following is a general outline of future action to come before them: 1. Public Hearing on "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." - March 13, 1984 2. At conclusion of 1931 Act hearing if the Council chooses to proceed with the district, then it will order the Engineer's Report be prepared. This report includes plans, specifications, contract documents, assessment documents, right-of-way easements, etc. 3. Once the Engineer' s Report is complete, it will be brought before the Council for tentative approval . 4. Upon approval, Council then orders a public hearing on the Engineer' s Report and authorizes sealed bids on construction items and bond sale negotiations or bids and commence preliminary right-of-way negotiations. 5. Prior to public hearing staff will receive bids on the construction, bond cost, right-of-way costs, and incidental costs. mr/ Page 4, Item 14 a,b,c Meeting Date 1/24/84 6. After receipt of all costs the Engineer of Work will respread the assessment using the precise cost bid so that at the public hearing each property owner will know their actual cost. 7. Concurrent with the hearing the Council will be asked to approve agreements with the utility companies for installation of the utilities. 8. Council holds public hearing on the Engineer's Report and if Council chooses to proceed with the district at this time, the contract will be awarded and bonds will be authorized to be sold. 9. The project will then be constructed. FISCAL IMPACT: None SLH:nr/AY049 WPC 0876E 1— , , , 4, / , , ,,, j . ,/ _ ,, ce- ..✓ 44-/Arvir ORDER OF PROCEDURE CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 83-1 (LOS FLORES DRIVE, ET AL) DATE OF MEETING: JANUARY 24, 1984 STAFF: General presentation of proposed boundary map, showing the following: A. Boundaries of Assessment District; B. Extent of works of improvement STAFF: Presentation of preliminary "Report" and cost estimate for works of improvement . CITY COUNCIL: Adopt RESOLUTION DESIGNATING PERSONS TO PERFORM DUTIES: Formal appointment of Superintendent of Streets and newspaper for legal publication. CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP: Formal action approving boundaries of proposed Assessment District . CITY COUNCIL: Adopt RESOLUTION MAKING PRELIMINARY DETERMINATION: Description of the works of improvement and setting time and place for pub- lic hearing. * * * PUBLIC HEARING TO BE HELD MARCH 13, 1984, at 7:00 P.M. , COUNCIL CHAMBERS, CITY HALL, CITY OF CHULA VISTA. * * * * ,e-//pr INSTRUCTION SHEET NAME OF AGENCY: CITY OF CHULA VISTA NAME OF PROJECT: ASSESSMENT DISTRICT NO. 83-1 A �°3�°Il (LOS FLORES DRIVE, ET AL) PUBLIC HEARING DATE: MARCH 13, 1984 INSTRUCTIONS 1'?- � All blanks in the enclosed forms of notice must be completed before the required legal notice is given. THE CITY CLERK SHALL PERFORM THE FOLLOWING: NOTICE OF PUBLIC HEARING (POSTING) Cause the NOTICE OF PUBLIC HEARING to be posted in accordance with the Certificate of Posting. Said Notices are to be posted not more than 300 feet apart on all open �• streets within the District, but not less than three (3) in all. This posted Notice *'- must be headed by the words "NOTICE OF PUBLIC HEARING" in letters at least one inch in height. The posting must be completed at least TWENTY (20) DAYS before the date of hearing. Cause the NOTICE OF UBLIC HEARING to be posted on or near the door of the regular _ meeting place of the City Council, said posting to be completed at least FIVE (5) • DAYS prior to the date set for the Public Hearing. NOTICE OF PUBLIC HEARING (PUBLICATION) Cause to be published in the designated legal newspaper in accordance with Section 6066 of the Government Code, which provides that the Notice shall be once a week for two (2) successive weeks. Two publications in a newspaper published once a week or more often, with at least five (5) days intervening, not counting the publication date, are sufficient. The first publication of the Notice shall be at least TWENTY (20) DAYS before the date set for the hearing. NOTICE OF PUBLIC HEARING (MAILING) Cause to be mailed to each person owning real property proposed to be assessed according to the names and addresses of such owners as the same appear on the last County Assessment Roll, or at his address as known to the City Clerk; also to every 3,,,,,�,,,_, ..1.4„1„ owner of property assessed by the State, under Section 14 of Article XIII of the Constitution of the State of California, at the address of the owners of such pro- perty as shown on the last roll transmitted to the County Auditor in all instances where such property is proposed to be assessed. Said mailing is to be completed at least TWENTY (20) DAYS before the date set for hearing. BOUNDARY MAP File the original proposed BOUNDARY MAP with the transcript of these proceedings, and within fifteen (15) days after the adoption of the Resolution Setting Hearing, cause to be filed a copy of said map with the County Recorder. Fees are applicable for said filing. WRITTEN PROTESTS As written protests are received, copies should be delivered to this office, together with copies being delivered to the Engineer. A further set of copies should be prepared and delivered to each member of the legislative body, so that there is ample opportunity to review the protests prior to the public hearing. /t"..../Apre COUNCIL AGENDA STATEMENT Item 14 a,b,c d Meeting Date 1/24/84 ITEM TITLE: a) Resolution //-C/4/ /s d / Designating persons to perform various duties for a special assessment proceedings in regard to Assessment District No. 83-1 (Las Flores Drive, et al) b) Resolution /15-,(5? Adopting a map showing the general nature and location of certain public works of improvement and showing the proposed boundaries of the assessment district to be assessed for said improvements in regard to Assessment District No. 83-1 (Las Flores Drive, et al) . c) Resolution /1/...! e Making preliminary determinations that the public convenience and necessity requires certain improvements in a special assessment district and setting the time and place for the public hearing in regard to Assessment District No. 83-1 (Las Flores Drive, et al) . SUBMITTED BY: City Engineer irt / (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager g" Over the past several years Engineering staff has been working with the property owners in the area of Las Flores Drive between Second and Minot Avenues and north of "E" Street to construct public improvements through special assessment district proceedings. In order to start the process for the formation of the district, the first step is to follow the proceeding of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." The Council on August 2, 1983, by Resolution 11333 adopted a procedure for satisfying the requirements of the 1931 Act. We have now reached the point where it is appropriate to take several Council actions to implement these proceedings. RECOMMENDATION: That Council 1. Approve resolution designating persons to perform various duties for a special assessment district proceedings. 2. Approve resolution adopting a map showing the general nature and location of certain public works of improvement and showing the proposed boundaries of the assessment district to be assessed for said improvements. 3. Approve resolution making preliminary determinations that the public convenience and necessity requires certain improvements in a special assessment district and setting the time and place for the public hearing. Page 2, Item 14 a,b,c Meeting Date 1/24/84 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The attached map shows an area where many property owners over the past several years have been interested in the construction of public improvements so that they can proceed with the development of their properties. The improvements include paving, grading, curbs, sidewalks, water and sewer improvements, drainage facilities, underground electrical and communication facilities, gas distribution system, together with appurtenances and appurtenant work. In the first resolution, the Council is being asked to designate persons to perform various duties for a special assessment district as listed below: 1. Designating John Lippitt, City Engineer, to perform all of the duties and functions of the superintendent of streets as the duties are specified and designated in the "Municipal Improvement Act of 1913." 2. Designating the Star-News as the newspaper for all publications as required by law and as necessary for completion of the Assessment District. 3. Designating the consulting firm of Bement-Dainwood-Sturgeon to be the Engineer of Work for said proceedings. 4. Designating F. MacKenzie Brown, Attorney at Law, to act as Bond Counsel for the purpose of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and enforceability of the bonds. The resolution also establishes a special fund designated by the name and number of the Assessment District for placement of all proceeds from the sale of bonds and cash collections. In the second resolution, the Council is being asked to adopt a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913." The Council has the prerogative to revise the exact and precise boundary of the district at the public hearing after all testimony has been heard. In the third resolution the Council is making a preliminary determination that the public convenience and necessity require the installation of certain improvements within a special assessment district and sets the time and place for the public hearing. This resolution resolves as follows: 1) outlining the nature of public improvements to be installed; Page 3, Item 14 a,b,c Meeting Date 1/?4/84 2) that it is the preliminary determination that the public convenience and necessity require the above referenced improvements and acquisition of right-of-way, where applicable, and that certain of the costs and expenses thereof be paid for by special assessments levied upon property within the boundaries of the Assessment District and that all necessary proceedings be taken without further compliance with the provisions of the "Special Assessment, Investigation, Limitation, and Majority Protest Act of 1931"; 3) that said improvements and work are a direct benefit to the properties and land within the Assessment District and that the City Council hereby makes the expenses chargeable to benefitted properties; 4) that the estimated cost for the improvements to be constructed within the Assessment District are as follows: a) Estimated cost of construction $1,214,729 b) Estimated incidental expenses $ 558,241 c) Estimated total Cost $1,772,970 d) Estimated contribution $ 4,200 e) Estimated balance to assessment $1,768,770 5) sets Tuesday, the 13th day of March, 1984, at 7:00 p.m. the time for a public hearing where all interested persons and property owners may appear and show cause why the City Council should not find and determine that the public convenience and necessity requires said public improvements or acquisition or both, without further compliance with the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." For Council 's information the following is a general outline of future action to come before them: 1. Public Hearing on "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." - March 13, 1984 2. At conclusion of 1931 Act hearing if the Council chooses to proceed with the district, then it will order the Engineer's Report be prepared. This report includes plans, specifications, contract documents, assessment documents, right-of-way easements, etc. 3. Once the Engineer' s Report is complete, it will be brought before the Council for tentative approval. 4. Upon approval, Council then orders a public hearing on the Engineer' s Report and authorizes sealed bids on construction items and bond sale negotiations or bids and commence preliminary right-of-way negotiations. 5. Prior to public hearing staff will receive bids on the construction, bond cost, right-of-way costs, and incidental costs. g-//s-17 Page 4, Item 14 a,b,c Meeting Date 1/24/84 6. After receipt of all costs the Engineer of Work will respread the assessment using the precise cost bid so that at the public hearing each property owner will know their actual cost. 7. Concurrent with the hearing the Council will be asked to approve agreements with the utility companies for installation of the utilities. 8. Council holds public hearing on the Engineer' s Report and if Council chooses to proceed with the district at this time, the contract will be awarded and bonds will be authorized to be sold. 9. The project will then be constructed. FISCAL IMPACT: None SLH:nr/AY049 WPC 0876E 02-77— R°—//s"/9 COUNCIL AGENDA STATEMENT Item 14 a,b,c Meeting Date 1/24/84 ITEM TITLE: a) Resolution //-5/4/ Designating persons to perform various duties for a special assessment proceedings in regard to Assessment District No. 83-1 (Las Flores Drive, et al) b) Resolution //457/7 Adopting a map showing the general nature and location of certain public works of improvement and showing the proposed boundaries of the assessment district to be assessed for said improvements in regard to Assessment District No. 83-1 (Las Flores Drive, et al) . c) Resolution 05;2 2 O Making preliminary determinations that the public convenience and necessity requires certain improvements in a special assessment district and setting the time and place for the public hearing in regard to Assessment District No. 83-1 (Las Flores Drive, et al) . SUBMITTED BY: City Engineer /)Y L / (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager g/ Over the past several years Engineering staff has been working with the property owners in the area of Las Flores Drive between Second and Minot Avenues and north of "E" Street to construct public improvements through special assessment district proceedings. In order to start the process for the formation of the district, the first step is to follow the proceeding of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." The Council on:August 2, 1983, by Resolution 11333 adopted a procedure • for satisfying the requirements of the 1931 Act. We have now reached the point where it is appropriate to take several Council actions to implement these proceedings. RECOMMENDATION: That Council 1. Approve resolution designating persons to perform various duties for a special assessment district proceedings. 2. Approve resolution adopting a map showing the general nature and location of certain public works of improvement and showing the proposed boundaries of the assessment district to be assessed for said improvements. 3. Approve resolution making preliminary determinations that the public convenience and necessity requires certain improvements in a special assessment district and setting the time and place for the public hearing. gi-ll,r3-49 Page 2, Item 14 a,b,c Meeting Date 1/24/84 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The attached map shows an area where many property owners over the past several years have been interested in the construction of public improvements so that they can proceed with the development of their properties. The improvements include paving, grading, curbs, sidewalks, water and sewer improvements, drainage facilities, underground electrical and communication facilities, gas distribution system, together with appurtenances and appurtenant work. In the first resolution, the Council is being asked to designate persons to perform various duties for a special assessment district as listed below: 1. Designating John Lippitt, City Engineer, to perform all of the duties and functions of the superintendent of streets as the duties are specified and designated in the "Municipal Improvement Act of 1913." 2. Designating the Star-News as the newspaper for all publications as required by law and as necessary for completion of the Assessment District. 3. Designating the consulting firm of Bement-Dainwood-Sturgeon to be the Engineer of Work for said proceedings. 4. Designating F. MacKenzie Brown, Attorney at Law, to act as Bond Counsel for the purpose of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and enforceability of the bonds. The resolution also establishes a special fund designated by the name and number of the Assessment District for placement of all proceeds from the sale of bonds and cash collections. In the second resolution, the Council is being asked to adopt a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913." The Council has the prerogative to revise the exact and precise boundary of the district at the public hearing after all testimony has been heard. In the third resolution the Council is making a preliminary determination that the public convenience and necessity require the installation of certain improvements within a special assessment district and sets the time and place for the public hearing. This resolution resolves as follows: 1) outlining the nature of public improvements to be installed; Page 3, Item 14 a,b,c Meeting Date 1/24/84 2) that it is the preliminary determination that the public convenience and necessity require the above referenced improvements and acquisition of right-of-way, where applicable, and that certain of the costs and expenses thereof be paid for by special assessments levied upon property within the boundaries of the Assessment District and that all necessary proceedings be taken without further compliance with the provisions of the "Special Assessment, Investigation, Limitation, and Majority Protest Act of 1931"; 3) that said improvements and work are a direct benefit to the properties and land within the Assessment District and that the City Council hereby makes the expenses chargeable to benefitted properties; 4) that the estimated cost for the improvements to be constructed within the Assessment District are as follows: a) Estimated cost of construction $1,214,729 b) Estimated incidental expenses $ 558,241 c) Estimated total Cost $1,772,970 d) Estimated contribution $ 4,200 e) Estimated balance to assessment $1,768,770 5) sets Tuesday, the 13th day of March, 1984, at 7:00 p.m. the time for a public hearing where all interested persons and property owners may appear and show cause why the City Council should not find and determine that the public convenience and necessity requires said public improvements or acquisition or both, without further compliance with the provisions of the "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." For Council's information the following is a general outline of future action to come before them: 1. Public Hearing on "Special Assessment, Investigation, Limitation and Majority Protest Act of 1931." - March 13, 1984 2. At conclusion of 1931 Act hearing if the Council chooses to proceed with the district, then it will order the Engineer's Report be prepared. This report includes plans, specifications, contract documents, assessment documents, right-of-way easements, etc. 3. Once the Engineer' s Report is complete, it will be brought before the Council for tentative approval. 4. Upon approval, Council then orders a public hearing on the Engineer' s Report and authorizes sealed bids on construction items and bond sale negotiations or bids and commence preliminary right-of-way negotiations. 5. Prior to public hearing staff will receive bids on the construction, bond cost, right-of-way costs, and incidental costs. A-mrao Page 4, Item 14 a,b,c Meeting Date 1/24/84 6. After receipt of all costs the Engineer of Work will respread the assessment using the precise cost bid so that at the public hearing each property owner will know their actual cost. 7. Concurrent with the hearing the Council will be asked to approve agreements with the utility companies for installation of the utilities. 8. Council holds public hearing on the Engineer's Report and if Council chooses to proceed with the district at this time, the contract will be awarded and bonds will be authorized to be sold. 9. The project will then be constructed. • • FISCAL IMPACT: None - SLH:nr/AY049 WPC 0876E • '