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HomeMy WebLinkAbout2007/12/04 Item 5 , ~ CITY COUNCIL AGENDA STATEMENT ~\'f:. CITY OF ,L~CHULA V1SfA 12/04/07, Item~ SUBMITTED BY: REVIEWED BY: RESOLUTION CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS DIRECTOR OF ENGINEE~G ~ GENERAL SERVICES ~ CITY MANAGER /(lfIL/..L--- ASSISTANT CITY~;:GER '7 r 4/STHS VOTE: YES D NO k8J ITEM TITLE: BACKGROUND Residential properties along First A venue, between Naples Street and Palomar Street, are currently without curbs, gutters, or sidewalks. All property owners had signed a petition requesting that special assessment district proceedings commence for the purpose of financing the construction of these improvements. Staff had 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. On September 11, 2007 Council conducted the Public Hearing for the proposed Assessment District and conducted the ballot proceedings. RECOMMENDATION That Council approve the resolution certifying the results of the public hearing and Assessment District ballot tabulation for proposed Assessment District No. 2007-1 (First Avenue) pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and ordering construction of the improvements. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION On July 17, 2007 Council adopted Resolutions 2007-184, 2007-185 and 2007-186. 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 5-1 12/04/07, Item2- Page 2 of 3 Report, ordered the installation of improvements, and set the time and place for the public hearing. The Preliminary Engineer's Report included the preliminary assessment, which was presented on the property owners' ballots. The total estimated construction cost, including the City's share, was $2,100,000, of which the property owners' share was estimated to be $357,988 to cover the cost of constructing the concrete driveways and private improvement relocations only. Ballots and ballot materials were 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 11, 2007 in order to be counted. The ballots remained sealed until the public hearing was closed. At that point, the ballots were tabulated and weighted based on the area of property frontage of the property owners. Actual tabulation results indicated that 49% of the weighted vote was in favor of the establishment of the Assessment District. Of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"). Subsequently, City staff informed Council that the proposed Assessment District should be tabled while staff confirms the proper course of action given that the affirmative votes comprised 49% of the total number of property owners in the proposed assessment district. After review by the City Attorney's office and consultation with outside legal counsel specializing in assessment district formation, it has been determined that the proposed Assessment District should move forward based on the provisions of Proposition 218 ("The Right to Vote on Taxes"). Section 4 of Proposition 218 states the following: "The agency shall conduct a public hearing upon the proposed assessment not less than 45 days afier mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property." The ballots received in opposition to the First Avenue Assessment District did not exceed the ballots received in its favor. Proposition 218 provisions related to Assessment Districts consider only ballots cast (as opposed to total number of ballots mailed utilized for majority protest calculations) and proportional financial obligation. In other words, for Assessment Districts, results are calculated based on a simple majority of ballots received based on valuation. In this case of the votes cast, 85% were in favor and 15% opposed. As a result, pursuant to Proposition 218's majority protest provisions, City staffrecommends the approval of the Assessment District formation and the commencement of construction. 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 project qualifies for Class 1 categorical exemption pursuant to Section 15301(c) [Existing Facilities] of the State CEQA Guidelines. In addition, the Environmental Review Coordinator reviewed the proposed action for compliance with the National Environmental Policy Act (NEP A) and determined that the proposed action was adequately covered in a previously adopted Categorical Exclusion 5-2 12/04/07, Item~ Page 3 of 3 (subject to 58.5) pursuant to the Department of Housing & Urban Development Environmental 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 There is no fiscal impact associated with this action. ATTACHMENTS None. Prepared by: Jeff Moneda, Sr. Civil Engineer. Engineering and General Services Department M:\General Services\GS Administration\Council Agenda\STL4303 First Avenue Assessment Dist\First Avenue Assessment District Certifying Results of the Public Hearing (Approval) AI13-JDSM Redline2.doc 5-3 RESOLUTION NO. 2007- 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. 2007-1 (FIRST AVENUE) 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 XmD of the Constitution of the State of California ("Article XIIID") and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIID 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; 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 H:\ENGlNEERIRESOS\Resos2007\12-04-07\STL303 First Avenue Assess Certifying Results Reso:<-JDSM Redline (clean copy oO.doc85-4 Resolution No. 2007- Page 2 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, ballots and ballot materials were mailed to property owners on July 18, 2007, property owners were informed that the ballots needed to be received by the City Clerk's office prior to 5:00 p.m. on September 11, 2007, a public hearing was held on September 11, 2007, and the ballots remained sealed until the public hearing was closed; and WHEREAS, after the public hearing was closed, the ballots were tabulated and weighted based on the area of property frontage of the property owners, with the following results: of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, the establishment of the Assessment District; and WHEREAS, after further review by the City Attorney's office, it has been determined that the proposed Assessment District should move forward based on the provisions of Proposition 218 ("The Right to Vote on Taxes"), section 4 of which states the following: "The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. " WHEREAS, based on this provision regarding majority protest, City staff recommends the approval of the Assessment District formation and the commencement of construction. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista certifies the results of the public hearing and Assessment District ballot tabulation for proposed Assessment District No. 2007-1 (First Avenue) pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and orders the construction of improvements. Presented by Approved as to form by Jack Griffin Director of Engineering and General Services H"\ENGINEER\RESOS\Rcs0ll2007\12-04-07\STLJ03 First Avenue Assess Certifying Results Reso2-JDSM Redline {clean copy of).doc . 5-5