HomeMy WebLinkAbout2007/09/11 Item 6
CITY COUNCIL
AGENDA STATEMENT
~'i'~ ClIT OF
-~- CHUlA VISTA
9/11/07, Item iP
ITEM TITLE:
PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT
DISTRICT 2007-1 (FIRST AVENUE).
RESOLUTION DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2007-1 (FIRST AVENUE), MAKING FINDINGS
PURSUANT TO THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
SUBMITTED BY:
REVIEWED BY:
DIRECTOR OF ENGINEERING AND GENERAL SERVIC~Jf--
CITY MANAGER "'>I \j
ASSISTANT CITY MANAGER '> ')
4/STHS VOTE: YES D NO ~
BACKGROUND
Residential properties along First Avenue, between Naples Street and Palomar Street, are
currently without curbs, gutters, or sidewalks. Fifty of the fifty-nine property owners have
signed a petition requesting that special assessment district proceedings be commenced for the
purpose of financing the construction of these improvements. Staff has completed preliminary
design and cost estimates for this project. On July 17, 2007 Council adopted Resolutions Nos.
2007-184, 2007-185 and 2007-186, which accepted the petition, approved the proposed
boundary map and preliminary Assessment Engineer's Report, set a public hearing and ordered
the initiation of ballot proceedings.
RECOMMENDATION
1. That Council hold the public hearing, receive testimony, and close the public hearing.
2. That Council tabulate the results of the Assessment Ballot procedure.
3. That Council 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''), and Ordering the
Construction of Improvements.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
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9/11/07, Item~
Page 2 of3
DISCUSSION
On July 17,2007 Council adopted Resolutions 2007-184, 2007-185 and 2007-186 (Attachment
A). Resolution 2007-184 accepted the petition requesting the formation of an Assessment
District for First Avenue (Naples Street to Palomar Street) and Resolution 2007-185 adopted the
map showing the proposed boundaries for Assessment District 2007-01. Resolution 2007-186
declared the intention to form the assessment district, approved the Preliminary Assessment
Engineer's Report, ordered the installation of improvements, and set the time and place for the
public hearing.
The Preliminary Engineer's Report (attached) includes the preliminary assessment, which was
presented on the property owners' ballots. The total estimated construction cost, including the
City's share, is $2,100,000, of which the property owners' share is estimated to be $357,988 to
cover the cost of constructing the concrete driveways and private improvement relocations only.
Ballots and ballot materials were originally mailed to property owners on July 18, 2007. The
property owners were informed that the ballots needed to be received by the City Clerk's office
prior to 5 :00 pm on September I I, 2007 in order to be counted.
In accordance with Article XIIID of the California Constitution, property owners may give
testimony at the public hearing or submit a new ballot. The ballots shall remain sealed until the
public hearing is closed. At that point, the ballots will be tabulated and weighted based on the
financial responsibility of the property owners. The ballot initiative will pass if 50 percent or
more of the weighted vote is in favor of establishing the district.
If the ballot initiative passes and the Council adopts the resolution, the Superintendent will
proceed with completion of the design process and cause the construction of the improvements in
the proposed assessment district.
Following completion of the construction of the improvements, City staff will confirm the final
assessments. So long as the final assessments are equal to or less than the assessments approved
by the property owners pursuant to the assessment ballot procedure, no further public hearing
will be necessary. If, however, the final assessments exceed the assessments approved by the
property owners, it would be necessary for the City to conduct a further public hearing and
assessment ballot proceeding in order to authorize the levy of assessments in the higher amounts.
Following confirmation of the final assessments, the property owners will have the option of
paying any portion of the assessments during the 30-day payoff period following acceptance of
improvements and confirmation of assessments. If assessments are not fully paid during that
time, the City customarily collects the unpaid balance on the tax roll over a period of ten years,
together with interest on the unpaid principal at an interest rate consistent with the City's
expected investment earnings rate of return. This rate has been approximately 5.5 percent
historically. Low-income residents are offered two additional deferral options. Property owners
may pay the balance of their assessments at any time during the ten-year repayment period
without penalty.
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9/11/07, Item~
Page 3 of 3
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed action
was adequately covered in a previously adopted Notice of Exemption. In addition the
Environmental Review Coordinator reviewed the proposed action for compliance with the
National Environmental Policy Act (NEPA) and determined that the proposed action was
adequately covered in a previously adopted Categorical Exclusion (subject to 58.5) pursuant to
the Department of Housing & Urban Development guidelines. Thus, no further environmental
review or documentation is necessary.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT
The total cost of this project is estimated to be $2,100,000. It is estimated that property owners
will repay $357,988 of the cost of the project over a ten-year period. The project is completely
funded by the Section 108 Loan. Routine maintenance will be required.
ATTACHMENTS
1. Resolutions 2007-184, 2007-185, and 2007-186
2. Preliminary Engineer's Report
Prepared by: Jeff Moneda, Sr. Civil Engineer, General Services Department
M:\General Services\GS Administration\COWlcil Agenda\STL-303 First Avenue Assessment Dist\First Avenue Assessment District Public Hearing AI13.doc
6-3
AITACHMENT /
RESOLUTION NO. 2007-184
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST
AVENUE (NAPLES STREET TO PALOMAR STREET) FOR
THE PURPOSE OF FINANCING THE CONSTRUCTION OF
STREET IMPROVEMENTS
WHEREAS, City staff received a petition on November 2003, initiating the formation of
an Assessment District for the construction of street improvements along First Avenue, from
Naples Street to Palomar Street; and
WHEREAS, fifty of the fifty-nine property owners within the proposed District
bOillldaries were in favor of the district formation; 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, ifrequired; and
WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway
aprons, resurfacing and widening of the existing asphalt pavement along First Avenue between
Naples Street and Palomar Street and 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, details of the cost breakdown and design considerations are included in the
Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and
the recommended construction costs payable per property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept a petition requesting the formation of an Assessment District for First
A venue (Naples Street to Palomar Street) for the purpose of fmancing the construction of street
improvements.
Presented by
Approved as to form by
~~~~~\\.
Ann Moore ~
City Attorney
6-,4
Resolution No. 2007-184
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuJa Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
Councilmembers:
NAYS:
Councilmembers:
ABSENT:
Councilmembers:
ATTEST:
-= iut, '~~L1 )
Susan Bigelow, M.\1C, Ci lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
Castaneda, McCann, Ramirez, and Cox
None
Rindone
/7 '
tl ~tr;.
Cheryl Cox, . ayor
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-184 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this 17th day of July 2007.
-~ --'lJ ..{ lJ.. ;:-:>~ t r.
Susan Bigelow, MMC, City Cler -
)
i
. _.__ ,",_J
5-&-
RESOLUTION NO. 2007-185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT
NO. 2007-1 (FIRST AVENUE)
WHEREAS, City staff received a petition in November 2003, initiating the formation of
an Assessment District for the construction of street improvements along First A venue, from
Naples Street to Palomar Street; and
WHEREAS, fifty of the fifty-nine property owners within the proposed District
boundaries were in favor of the district formation; 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, ifrequired; and
WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway
aprons, resurfacing and widening of the existing asphalt pavement along First A venue between
Naples Street and Palomar Street and 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, details of the cost breakdown and design considerations are included in the
Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and
the recommended construction costs payable per property.
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 Assessment District No.
2007-1 (First Avenue).
Presented by
Approved as to form by
<tw",ic){\~~~
Ann Moore
City Attorney
6-6
Resolution No. 2007-185
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
Councilmembers:. Castaneda, McClIIlIl, Ramirez, and Cox
NAYS:
Councilmembers: None
ABSENT:
Councilmembers: Rindone
ATTEST:
'1 '
It-~C ~
Cheryl Cox, ~a or
~\ A .J
- "'Ull.J. t ~L-.CI r.
Susan Bigelow, MMC, City CleHC'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-185 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this ] 7th day of July 2007.
<w._ r~
- dJ..-1
Susan Bigelow, MMC, City Cler
..---.---
6-~-7-. .-------_____ _00___ . u_ m _ __ _ .... _.
,
.. ...J
RESOLUTION NO. 2007-186
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE INSTALLATION OF
CERTAIN IMPROVEMENTS ON FIRST A VENUE (NAPLES
STREET TO PALOMAR STREET), APPROVING THE
PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME
AND PLACE FOR A PUBLIC HEARING AND ORDERING
THE INITIATION OF BALLOT PROCEDURES
WHEREAS, City staff received a petition in November 2003, initiating the formation of
an Assessment District for the construction of street improvements along First Avenue, from
Naples Street to Palomar Street; and
WHEREAS, fifty of the fifty-nine property owners within the proposed District
boundaries were in favor of the district formation; 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, resurfacing and widening of the existing asphalt pavement along First A venue between
Naples Street and Palomar Street and 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, details of the cost breakdown and design considerations are included in the
Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and
the recommended construction costs payable per property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby order the installation of certain improvements on First A venue (Naples Street
to Palomar Street), approving the Preliminary Engineer's Report, setting the time and place for a
public hearing and ordering the initiation of ballot procedures.
Presented by
Approved as to form by
,
~~~~
Ann Moore
City Attorney
6-8
Resolution No. 2007-186
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, and Cox
NAYS:
COUDcilmembers:
None
ABSENT:
COUDcilmembers:
Rindone
ATTEST:
aLL~
Cheryl Cox, M@ror
~ ::r~
~l.t1Al
Susan Bigelow, MMC, City rk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-186 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of July 2007.
Executed this 17th day of July 2007.
- . f>1.AtU.. I ~
Susan Bigelow, MMC, City Clerk
.J
- -- ---- -. ------.--- --.-- - --.-----6-9--.-----------_ _ _ ____. __.____..__ _. .._
ATTACHMENT Z--
PRELIMINARY
ENGINEER'S REPORT
FIRST AVENUE SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
AD 2007-01
JUNE 28, 2007
6-10
Backefound
First Avenue, between Naples Street and Palomar Street in Chula Vista, is a residential
street with an 80-foot width of 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 Palomar Street to the
south. Existing improvements along First A venue generally consist of asphaltic concrete
pavement with some existing curb-and-gutter improvements.
In November 2003, fifty-nine First Avenue property owners submitted a petition to the
City requesting the initiation of proceedings to form an assessment district in accordance
with the hnprovement Act of 1913. This district would fmance the construction of the
missing curb, gutter and sidewalk and other street improvements along First Avenue,
from Naples Street to Palomar Street.
The City currently has a policy regarding participation in ]913 Block Act proceedings.
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, which 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 the driveway apron construction and any costs associated with the
relocation of private improvements (only if private improvements are located in the
public right-of-way).
2
6-11
Overall Desie:n and Cost Estimate
The project area and general location of improvements are shown on Exhibit A, the
Proposed Boundary Map for Assessment District 2007-01, First Avenue. The properties,
which will benefit from these improvements and would be a part of the district, are as
follows:
Address Assessor's Parcel Address Assessor's Parcel
Number Number
1237 FIRST AV 619-261-47 1103 FIRST AV 619-151-01
1154 FIRST AV 619-192-22 1247 FIRST AV 1119-261-17
1117 FIRST AV 619-151-04 1280 FIRST AV ~19-250-19
1179 FIRST AV 619-201-03 1169 FIRST AV ~19-201-01
1138 FIRST AV 619-142-12 1122 FIRST AV 619-142-09
1134 FIRST AV 619-142-11 1128 FIRST AV 619-142-10
1255 FIRST AV 619-270-02 1248 FIRST AV 619-232-39
1209 FIRST AV 619-261-10 1195 FIRST AV 619-201-06
1219 FIRST AV 619-261-11 1139 FIRST AV 19-151-08
1180 FIRST AV 619-192-16 1214 FIRST AV 19-232-17
1160 FIRST AV 619-192-20 1173 FIRST AV 19-201-02
1254-1256 FIRST AV . 619-250-38 106 PALOMAR ST 19-250-18
103 GLENHAVEN WY 619-250-36 1111 FIRST AV 19-151-03
1276-1278 FIRST AV 619-250-37 1133 FIRST AV 19-151-07
1186 FIRST AV 619-192-27 1116 FIRST AV 619-142-27
1155 FIRST AV 619-201-16 1118 FIRST AV 619-142-28
1239 FIRST AV 619-261-25 1143 FIRST AV 619-151-09
1235 FIRST AV 619-261-45 1156 FIRST AV 19-192-21
1129 FIRST AV 619-151-06 1107 FIRST AV 19-151-02
1265 FIRST AV 619-270-14 h157 FIRST AV i1l19-201-15
1176 FIRST AV 619-192-17 1142 FIRST AV )619-142-13
1286 FIRST AV 619-250-10 , 1204 FIRST AV 619-232-14
1197 FIRST AV 619-201-07 1227 FIRST AV . 619-261-32 ..
1149 FIRST AV 619-151-10 1153 FIRST AV 1119-201-17
108-110 HENRY LANE 619-232-18 97 OXFORD ST 619-261-01
1251 FIRST AV 619-270-01 1185 FIRST AV 619-201-04
1112 FIRST AV 619-142-07 1189 FIRST AV 619-201-05
1172 FIRST AV 619-192-18 1188 FIRST AV 619-192-14
1168 FIRST AV 019-192-19
1206 FIRST AV 619-232-16
1123 FIRST AV 619-151-05
3
6-12
The improvements include reconstruction of the asphaltic concrete street, construction of
monolithic curb, gutter and sidewalk, and miscellaneQus associated drainage facilities.
The sidewalk will be five feet wide and will match the existing sidewalk at the south end
of First Avenue, adjacent to Palomar Street. Where driveways are located, a driveway
apron will be constructed to provide a transition between the street, the sidewalk and the
driveways.
Several properties have trees, fences or walls, which will need to be removed, relocated
or reconstructed to construct the proposed street improvements.
Total construction cost for the project is estimated to be $1,600,000. This estimate is
based on the preliminary design. City staff costs for design, inspection and associated
soil testing are estimated to be an additional $500,000.
Method of Apportionment
The City of Chula Vista has offered the Castle Park area property owners an incentive to
form an Assessment District for the installation of street improvements. The City would
pay for replacement of existing improvements and City staff costs related to planning,
design, surveying and construction inspection. Property owners would be required to pay
for the driveway aprons and the relocation of private improvements within the City right-
of-way. The property owners' responsibility has a total estimated cost of $357,988.
Costs must be apportioned to each property based on the area of the driveway aprons
along the property's frontage and any private improvement relocation within the City's
right-of-way. .
The breakdown of construction costs among the fifty-nine properties within the district is
shown below. For each property, the square footage of 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 reloc<l,tion. Costs
associated with the relocations are included with the preliminary assessment.
4
6-13
Assessor's Private Improvement Preliminary
Address Parcel Number Modifications Assessment
1237 FIRST AV 619-261-47 $7,500
1154 FIRST AV 619-192-22 $5,508
1117 FIRST AV 619-151-04 $4,356
1179 FIRST AV 619-201-03 $5,772
1138 FIRST AV 1619-142-12 $3,192
1134 FIRST AV 619-142-11 $3,972
1255 FIRST AV 619-270-02 Tree $5.280
1209 FIRST AV 619-261-10 $7,356
1219 FIRST AV 1619-261-11 $5,256
1180 FIRST AV 619-192-16 $6,084
1160 FIRST AV 619-192-20 $2,988
1254-1256 FIRST AV 619-250-38 $5,784
103 GLENHAVEN WY 619-250-36 $3,276
I
1276-1278 FIRST AV 619-250-37 $10,584
1186 FIRST AV 619-192-27 $9,168
1155 FIRST AV 619-201-16 Post and rail fence $7,064
1239 FIRST AV 619-261-25 2 trees $4,604
1235 FIRST AV 619-261-45 $5,148
1129 FIRST AV 619-151-06 Chain link fence $8,984
1265 FIRST AV 619-270-14 $2,772
1176 FIRST AV 619-192-17 .-'- $4,476
1286 FIRST AV 619-250-10 I $2,412
1197 FIRST AV 619-201-07 Wooden fenca and I
post and rail fence $7,604
1149 FIRST AV 619-151-10 $6,672
108-110 HENRY LANE 619-232-18 $4,200
1251 FIRST AV 619-270-01 $3,111
1112FIRSTAV 619-142-07 $4,992
1172 FIRST AV 619-192-18 $2,724
1103 FIRST AV 619-151-01 $8,136
1247 FIRST AV 619-261-17 $5,808
1280 FIRST AV 619-250-19 $6,744
5
6-14
1169 FIRST AV 619-201-01 Wrought iron fence, 2
trees $10,424
1122 FIRST AV 619-142-09 $7,104
1128 FIRST AV 619-142-10 $3 708
1248 FIRST AV 619-232-39 $5,916
1195 FIRST AV 619-201-06 Chain link fence $8,612
1139 FIRST AV 619-151-08 Wrought iron fence
$8,288
1214 FIRST AV 619-232-17 $5,004
1173 FIRST AV 619-201-02 Chain link fence $9,932
106 PALOMAR ST 1619-250-18 $2,400
1111 FIRSTAV 1619-151-03 $7,524
1133 FIRST AV 619-151-07 Tree and fence
$6,764
1116 FIRST AV 619-142-27
$6,024
1118 FIRST AV 619-142-28
$5,472
1143 FIRST AV 619-151-09 $9,480
1156FIRSTAV 619-192-21
$3,300
1107 FIRST AV 619-151-02
$7,368
1157 FIRST AV 619-201-15 Wrought iron fence $11,264
1142 FIRST AV 619-142-13 $3,192
1204 FIRST AV 619-232-14 $4,488
1227 FIRST AV 619-261-32 Tree $15,032
1153 FIRST AV 619-201-17 2 trees, chain fence $8,180
97 OXFORD ST 619-261-01 $4,968
1185 FIRST AV 619-201-04 $4,884
1189FIRSTAV 619-201-05 Post and rail fence $6,860
1188 FIRST AV 619-192-14 $3,192
1168 FIRST AV 619-192-19 $3,816
1206 FIRST AV 619-232-16 $5,148
1123 FIRST AV 619-151-05 Chain link fence $8,064
The cost breakdown in tlus Engineer's Report will be reviewed after the project has been
constructed. At that time, all quantities and costs will be known and Final Assessments
can be determined. The assessment for each individual property cannot be increased
without another ballot process.
6
6-15
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6-16
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2007-1 (FIRST AVENUE), MAKING
FINDINGS PURSUANT TO THE IMPROVEMENT ACT OF
1913 AND ARTICLE XIIID OF THE CONSTITUTION OF THE
STATE OF CALIFORNIA, AND ORDERING THE
CONSTRUCTION OF IMPROVEMENTS.
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"),
CALIFORNIA, has been presented and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements, together with appurtenances and
appurtenant work in connection therewith, such improvements to be installed pursuant to the
provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the
Streets and Highways Code of the State of California and City Council Ordinance No. 2952);
and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highways Code, Article XnrD of the Constitution of the State of California ("Article XlIID")
and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and
following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XlIID
and the Implementation Act may be referred to collectively herein as the "Assessment Law");
and
WHEREAS, the assessment district has been designated as Assessment District No.
2007-1 (First Avenue) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer's Report (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. Plans and specifications of the improvements;
B. An estimate of the cost of the construction of the improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
improvements on the parcels with the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
District, with each of which subdivisions given a separate number upon such
diagram;
6-17
Resolution
Page 2
D. The proposed assessment of the assessable costs and expenses of the construction
of the improvements upon the several divisions of land in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such improvements. Such assessment refers to such
subdivisions upon such diagram by the respective numbers thereof; and
E. A description of the improvements.
WHEREAS, notices of such hearing, accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given; and
WHEREAS, at this time all assessment ballots submitted pursuant to the Assessment
Law have been tabulated, all in the manner provided by the Assessment Law; and
WHEREAS, at the time this City Council determines that the assessment ballots received
by the City in favor of the proposed assessment and weighted as required by the Assessment Law
exceed the assessment ballots received in opposition to the assessment and similarly weighted
and, therefore, a majority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION I. RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots
submitted pursuant to the Assessment Law in favor of the proposed assessment
and weighted as required by the Assessment Law exceed the assessment ballots
submitted in opposition to such proposed assessment and similarly weighted and
it is therefore determined that a maj ority protest pursuant to Assessment Law to
the levy of the proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary
Assessment Engineer's Report and the testimony and other evidence received at
the public hearing, it is hereby determined that:
A. All properties within the boundaries of the Assessment District receive
a special benefit from the improvements;
B. The proportionate special benefit derived by each parcel, proposed to
be assessed, has been determined in relationship to the entirety of the
cost of the construction of the improvements;
C. No assessment is proposed to be imposed on any parcel which exceeds
the reasonable cost of the proportional special benefit to be conferred
on such parcel from the improvements;
D. Only special benefits have been assessed; and
E. There are no parcels which are owned or used by any agency as such
term is defined in Article XIIID, the State of California or the United
States that specially benefit from the improvements.
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SECTION 4. CONSTRUCTION OF THE IMPROVEMENTS. This City
Council finds that the owners of the properties within the proposed boundaries of
the Assessment District have, pursuant to Streets and Highways Code Section
5879, waived the sixty-day period within which such owners may construct such
improvements. Therefore, the City Council hereby orders the Superintendent of
Streets to cause the construction of the improvements.
SECTION 5. AUTHORITY FOR CONSTRUCTION. All of the construction
proposed shall be done and carried through and fmanced pursuant to the
applicable provisions of the Municipal Improvement Act of 1913 and City
Council Ordinance No. 2952.
SECTION 6. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the
completion of the construction of the improvements, the Superintendent of Streets
is ordered to prepare and file with this City Council a Final Assessment
Engineer's Report that shall contain all of the information contained in the
Preliminary Engineer's Report modified to reflect the actual cost of construction
of the improvements. If the actual construction costs of the District's
improvements do not exceed the cost estimate included in the Final Engineer's
Report and reflected in the assessments shown on the assessment ballots, the
assessments shall be reduced by City Council resolution without a public hearing.
Conversely, if the actual construction costs do exceed the cost estimate included
in the Final Engineer's Report and recovery of such excess costs would require an
increase in the assessments previously levied, approval of such increase in the
assessments shall require a subsequent public hearing and assessment ballot
proceeding.
Presented by
Approved as to form by
Jack Griffin
Engineering and General Services Director
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