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Home My WebLink About2008/12/09 Item 5 CITY COUNCIL AGENDA STATEMENT ~\I.?- (lIT OF . - · ~ (HUlA VISTA 12/09/08, Item---5- SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF Ai'! ASSESSMENT DISTRICT FOR GLENHA VEN WAY FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS DIRECTOR OF ENGINEE~.I~ INTERIM CITY MANAGER S ~ 4/STHS VOTE: YES D NO k8J ITEM TITLE: SlTMMARY Residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 27 of the 37 residents of this neighborhood requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. 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 activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines because the activity involves the creation of government funding mechanisms which will not result in a potentially significant physical impact on the environment; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMJVIENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area being proposed for the Glenhaven Way Assessment District consists of Glenhaven Way from First Avenue to the west end of street, continuing into Elm Avenue and then Amy Street to its western terminus. These are residential streets with an 80- foot wide right-of-way and are located within the Castle Park area of the City. The Castle Park area is generally bounded by 5-1 12/09/08, Item~ Page 2 of 3 Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements within the proposed Assessment District generally consist of deteriorating asphalt streets with little or no other street improvements. There is no existing curb, gutter or sidewalk improvements on these streets. In November 2003, twenty-six Glenhaven Way Assessment District property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1913. At that time, sufficient funding was not available to proceed with a district for Glenhaven due to other districts being constructed within the Castle Park area. The Glenhaven neighborhood is now next in line to be considered for district formation. In order to ensure that the neighborhood was still in favor of the district formation, a community meeting was held in August 2008, after which a new petition was circulated. The petition was returned with 27 of the 37 affected residences in favor of the district. Only one owner indicated opposition. This represents a 73 percent approval from the residences within the proposed district. The City currently has a policy regarding participation in 1913 Block Act proceedings (Council Policy No. 505-01). 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). Improvements This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street replacement along Glenhaven Way from First Avenue to the west end of the street, continuing into Elm Avenue and then Amy Street. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Glenhaven Way, Elm Avenue and Amy Street for the purpose of financing the construction of the described public street improvements. Additionally, to move forward the City Council needs to declare its intention to levy an assessment and to direct the City Engineer to prepare and file with the City Clerk an Engineer's Report as required by Section 10204 of the California Streets and Highways Code. This report will delineate the boundary of the proposed Assessment District, the proposed assessment for each affected parcel, and the anticipated total cost of the improvements. Future Actions After completion of the Engineer's Report, Council will be asked to adopt a Map showing the proposed boundaries of the District and approve the report. Council will also be asked to set a time and place to hold a public hearing to consider the formation of the district and the construction of the improvements. Prior to the public hearing, the residents within the proposed district will be balloted to formally confirm that the necessary level of approval has been maintained. This balloting procedure also needs to be ordered by the Council. 5-2 12/09/08, Item~ Page 3 of 3 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 that is the subject of this action. FISCAL IMP ACT There are no fiscal impacts associated with action on this resolution. ATTACHMENTS 1. Petition signed by the Glenhaven Property owners Prepared by: Rick Ryals. Real Property Manager. Engineering Dept. M:IEngineerIA GENDA ICAS20081/2-09-08Iglenhaven AD / rev-ec.doc 5-3 ATTACHMENT I Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Curb, Gutter and Sidewalk and Street Improvements for Properties Along Glenhaven Way, Elm Avenue, and Amy Street Mayor and Members of the City Council: We are the owners (the "Owners") of the properties located in the City of Chula Vista (the "City") which are identified adjacent to our signarures below and are also shown on the map attached to this Petition as Attachment A. hereto. The Owners respectfully petition the City Council of the City (the "City Council") to initiate proceedings pursuant to the Improvement Act of 1913 (Streets and Highways Code Section 5000 and following) to consider the formation of an assessment district for the purpose of financing the costs of construction of curb, gutter and sidewalk and street improvements along Glenhaven Way, Elm Avenue,i and Amy Street (the "Improvements"). The Improvements and the properties proposed to be included within the boundaries of assessment district are also shown on Attachment A. We understand that if an assessment district is formed as we have petitioned, the following costs will be assessed against those properties that will receive special benefit from the Improvements: 1. The costs to construct the Improvements; and 2. The costs of the acquisition of additional right-of-way, if any, necessary for the location of the Improvements; and . 3. Financing costs related to payment ofthe above costs over time We further understand that if the City Council elects to initiate the proceedings to consider the formation of an assessment district as we have petitioned: 1. The record owners of the properties proposed to be assessed will receive notice of a public hearing to be held by the City Council. At such public hearing any interested person may present written or oral testimony and the City Council will consider all objections or protests to the proposed assessment. 2. The record owners of the properties proposed to be assessed will also receive an assessment ballot by which such record owners may express their support for or opposition to the proposed assessment. 5-4 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated follo\ving the conclusion of such public hearing. The City Council shajl have the authority to fonn the assessment district and levy the proposed assessments only if the assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment ballots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parceL In submitting this petition we are not waiving our right: (a) to testify orally or in writing at the public hearing described above, (b) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (c) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment. This petition is respectfully submitted by: 1 I Date Signed !fO \ '/0- / 1<3 I 1 I 1 I I I I I Name of Property Owner(s) (printed or typed) Signature of Property Owner(s) Street Address or Assessor's Parcel No. Delores Trust Lopez D 7 J--r109 Glenhaven Way ~L v'>afLel0-PN: 619-250-35-00 I I I' 110 Glenhaven Way APN: 619-250-40-00 I I '7---~'--~.J 115 Glenhaven Way ~ i APN: 619-250-34-00 off i ,~ 1'1 1116 Glenhaven Way . . i LJ, 'A)'N~19:250-41-00 <:.\ , Salvador Vivero I' I Ernest Ligutti : 10-13-0, I I . j ! Devera I/O ~)~Frmst ~---rc- I to-II- 03'1 ;\nthony & Nancy i I LIguttl I I I I ~_____.-l Family / 121 Glenhaven Way N: 619-250-33-00 Assessment District 2008-01 Page 2 of 6 Kev 08/09/08 5-5 "'For" or "Ae:ainst" District Formation FoY' <: file<. I Fot'? Date Signed Name o[Property Owner(s) (printed or typed) Torres Villalobos I 0 -I~j)~ Guadalupe & Manuel Siqueiros Signature of Property Owner(s) 11 5~ Wesley Lort I : - /J/(~J 2J/~AIJt Ji/1;t/dt I I Jweslev Lort J ID//I ;e;12V~ ~-\1 2i/~cI~AJ'N: 619-250-44-00 Wesley Lon Jl uJ 1136 Glenhaven Way ~() /J;}zi 2j~ ~ I . ~d~rN 619-250-44-00 139 Glenhaven Way :;;9J8 ~L~~o(1oRDNt~!~lu~~{:N: 619-250-30-00 Jorge & Cabadas Elias & Cabadas Tavita Mar Alvaro Corona , Lupi Family Revocable Trust i l/o./C-08 I Assessment District 2008-01 Page 3 of 6 Rev 08/09/08 Street Address or Assessor's Parcel No. 122 Glenhaven Way APN: 619-250-42-01 124 Glenhaven Way APN: 619-250-42-02 127 Glenhaven Way APN: 619-250-32-00 128 Glenhaven Way APN: 619-250-43-00 133 Glenhaven Way APN: 619-250-31-00 134 Glenhaven Way _\.;-.. l..J { \ - 140 Glenhaven Way .--" . "- '\' APN: 619-250-45-00 . ,::( r--xJ / v -=-,\-V",,-, 5-6 "For" or " A!!ainst" District Formation " t'j VI \' I'll! fD( ;<', VGft ~/II i , TO/? " FDf.. .~ +01\ ~R- Name of Property Date Signed Owner(s) (printed or typed) Jose & Araceli Melchor Signature of Property Owner(s) Street Address or Assessor's Parcel No. 145 Glenhaven Way APN: 619-250-29-00 1'1,)", ~d-& I..uz Brayb~ /t.-'/;()/Ofj(Ojj-~J15UC-" (~~.{' . Yhft. . I .'-"" / I I Leon Austin ~~t/l...j A. . ,hi;"1 151 G,lenhav_en Way ! ().. lOll] (/ I . Q /. APN. 619-2)0-28-00 ,. ,UO I /~l~~ "-,rr'j' 10 I~ Javier & Teresa d~ ;?/~J)52 Glenhaven Way //i'. Odanga / - ./ 7r APN: 619-250-47-00 OF /J/. ) Robert & I /Cf /11 vul Aspacio Jesus & / 0 ~/ / Castro /oy ! 7faria---' '"-"-- .,--_._~- .,/ , \\ ,. ~ OIi~1 .-4:, . ;-.-, t/~ & Manuel Barnet Roberto Barnet ~ I /O//I/j I . I r---- I ~". ,y. 'V Luis & Ofelia Cota /F 1 ,//': ~ ~.. fL?~(/C !6f~ Patrick Guadalupe Dawson & !jck~~~ ;. fj CUif"---".... Assessment District 2008..01 Page 4 of6 Rev 08/09/08 5-7 146 Glenhaven Way APN: 619-250-46-00 ) 157 Glenhaven Way h'APN: 619-250-27-00 163 Glenhaven Way I APN: 619-250-26-00 I 169 Glenhaven Way APN: 619-250-25-00 175 Glenhaven Way APN: 619-250-24-00 1255 Elm Avenue APN: 619-250-48-00 "For" or "A2ainst" District Formation ~ (Of ~ Jet:- POt RJFZ ~iE /'::-0 R toP- ~ Name of Property Street Address "'For" or Signature of " Against" Date Signed Owner(s) or (printed or typed) Property Owner(s) Assessor's Parcel No. District Formation Serrano Family /I?ccul ~ . ~'<G~ 1258 Elm Avenue !V -{I-DO Trust APN: 619-250-23-00 ~ - l. . /'" ' {-'"OP- e. Hoye Family';- 1259 Elm Avenue /1'/ /J/OY Revocable Trust Y hi APN: 619-250-49-00 ~? .&iJ~' f/;jl Pospichal Gale 150 Amy Street Trust APN: 619-231-23-00 ))0 ~ N~""jc Family t!jJl 154 Amy Street ''Trust APN: 619-231-22-00 I~~/I,[J . fb/J... Naranjo Family U//lf-;Jtr 158 Amy Street 0'0 Tmst APN: 619-231-21-00 for 10' /I . i \ '0' ' Carmen Gallardo \ 164 Amy Street 10/ D/ \ \ ! 0 Living Trust LJ~ ~ APN: 619-231-20-00 J . ( JaPd~ 06 Gallardo Family ;j 1170 Amy S<red I 11\ Tmst i. i~APN: 619-231-18-00 foY (D I }{r . -z;/c I I kfZ- . Rene Macias 166 Amy Street APN: 619-231-19-00 Alfredo Correa ~ Amy Street ~ ~ .' APN: 619-231:17-00 for Lt-' - . T .N/ /0 0"7 As:;essment District 2008-01 Page 5 of6 Rev 08/09/08 5-8 Name of Proper tv Street Address "For" or Signature of '" Against" Date Signed Owner(s) or (printed or typed) Property Owner(s) Assessor's Parcel No. District t:7 Formation p. y~ Alfredo Correa ~~)J<< ' 175 Amy Street ~.if7V~~~ APN: 619-231-17-00 r1:;~ '. \~ ~r ~ / ./ & 178 Amy Street . / Ctl"dalu~ Ruiz vW! 1V (1>. APN: 619-231-16-00 pIL- I Lit) /0'6 /EA.fLJ~ h~/;I jDf: Maria Vizcarra 1253 Second Avenue -1 APN: 619-250-03-00 (01 mA('to "T. pt'-' l' _vfoV V I Z- C: c;' ,'{C-/ ''\ l t U~{~ Co\weland Living ~ 1260 First Avenue Trust APN: 619-250-39 roe ~ Cci"Jleland Living 1270 First Avenue Trust APN: 619-250-36 Rfl- J:\Engineer\ASSESSM ENTS\A 0 2008-0 I \Petition.doc Assessment District 2008-01 Page 6 of6 Rev 08/09/08. 5-9 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITL". TE PROCEEDINGS TO CONSIDER THE FORiYlATION OF AN ASSESSiv1::ENT DISTRICT FOR GLENl1A VEN WAY FOR THE PlTRPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First A venue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 37 residents of this neighborhood requesting the initiation of proceedings to consider the fonnation of an assessment district to finance the construction of these improvements; and WHEREAS, the boundaries of the proposed assessment district are Glenhaven Way from First Avenue to the west end of the street, continuing onto Elm Avenue and then Amy Street to its westem telminus; and WHEREAS, the project consists of the construction of curb, gutter, sidewalk and driveway aprons and the replacement of the pavement within the proposed assessment district boundaries; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista as follows: I. That it accepts a petition requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 2. That it declares its intention to initiate proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 3. That it refers the proposed construction of curb, gutter, sidewalk and driveway aprons and replacement of the pavement within the proposed assessment district boundaries to the City Engineer and directs the City Engineer to prepare or to cause to be prepared an Engineer's Report in conformance with Califomia Constitution Article XIII 0 S 4 and the 5-10 Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et seq. Presented by Approved as to form by ~G.~a.A~~1 BartC. Miesfeld Interim City Attorney Richard A. Hopkins Director of Engineering 5~11