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Home My WebLink About2009/02/03 Item 6 CITY COUNCIL AGENDA STATEMENT ~ ~.'f::. CITY OF ~ CHUlA VISTA 2/03/09, Item~ ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2008-1 (GLENHA VEN WAY). 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. 2008-01 (GLENHAVEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, ANDTHE CONSTRUCTION OF IMPROVEMENTS.RELA TED THERETO DIRECTOR OF PUBLIC WORKS .. . CITY MANAGE ) 4/STHS VOTE: YES D NO ~ SUBMITTED BY: REVIEWED BY: SUMMARY On December 16,.2008 the City Council adopted Resolution No. 2008-291 approving the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. ENVIRONMENT AL 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 l5378(b)(4) of the State CEQA Guidelines; 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. RECOMMENDATION 1. Hold the public hearing, receive testimony, and close the public hearing; 2. Tabulate the results of the Assessment Ballot procedure; and 3. 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"), taking the actions identified in the 6-1 2/03/09, Iteun~ Page 2 of 3 resolution, including ordering the establishment and formation of the District and the construction of improvements therein. 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 A venue 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 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 within the proposed Assessment District generally consist of deteriorating asphalt streets with little or no other street improvements. There are no existing curb, gutter or sidewalk improvements on these streets. On December 9, 2008 the City Council accepted a petition signed by the owners of27 of the 37 properties located within the proposed district area. The Council also directed the City Engineer to prepare the required Engineer's Report for the proposed Assessment District. On December 16,2008 the City Council adopted Resolution No. 2008-291 approving the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. On December 19, 2008 ballots were mailed to all residents within the approved Assessment District boundary. This meets the 45-day requirement for notice of this hearing. All ballots that have since been completed and returned to the City Clerk, as well as any submitted prior to the close to this public hearing are to be considered when forming this Assessment District. At this hearing, all included property owners may present objections to the proposed work in accordance with Section 5132 of the California Streets and Highways Code and show cause why the proposed work should not be carried out in accordance with the Resolution of Intention (Resolution No. 2008-278) adopted on December 9, 2008. Additionally, by completing their assessment ballots, the property owners will have the right to specify their support or opposition to the levy of assessments to finance the construction of the driveway aprons. The property owners have the option of revising their assessment ballots until the end of this public hearing. These assessment ballots will include the maximum principle amount that each owner is required to pay. If the majority of ballots cast approve the levy of these assessments, the City Council may then order the formation of the Assessment District and the construction of the improvements. If the majority of ballots cast prior to the close of this hearing are in favor of the assessment, Council is asked to make the following findings: 1. That this Public Hearing was properly noticed. 2. That Assessment Ballots including the Notice of Public Hearing were provided to all owners within the approved Assessment District Boundary on December 19, 2008. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to heard. 6-2 2/03/09, Item~ Page 3 of 3 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing the ballots were counted by an impartial individual. The Council may then receive and approve the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official; approve the new assessments and apportionment according to the reports submitted; and order the establishment and formation of the assessment district and construction of the improvements related thereto. 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 IMPACT There is no impact to the General Fund. Staff will return to Council to appropriate additional funds to the project for construction at time of award. A TT ACHMENTS 1. Area Map Prepared by: Rick Ryals. Real Property Manager, Engineering Dept. 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MA GBUHA T DA TE: SHEET 7-28-08 OF 12/10/2008 OJ:04:4J PM PST RESOLUTION NO. 2009- 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. 2008-01 (GLENHAVEN WAY), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way west of First Avenue 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 formation of an assessment district to finance the construction of these improvements; and WHEREAS, on December 16, 2008, the City Council adopted Resolution No. 2008-291 approving the Engineer's Report for the proposed Assessment District AD 2008-01 along Glenhaven Way, set the time and place for a public hearing and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista finds as follows: . 1. That the Public Hearing for the formation of the Assessment District 2008-01 was properly noticed. 2. That Assessment Ballots including the Notice of Public Hearing were provided to all owners within the approved Assessment District Boundary on December 19, 2008. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing, the ballots were counted by an impartial individual. C:\Oocuments and Seuings\Florence\Local Settings\Temporary Intemet Files\OLK8D\Glenhaven Oistriict fonnation (2).doc 6-5 Resolution No. 2009- Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the Council hereby receives and approves the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official, identifying the number of votes submitted for and/or against the establishment of the assessment district and properties upon which such assessments shall be placed. A copy of said Certificate and Statement is attached hereto, marked as Exhibit "A" and by this reference, incorporated herein. 2. That the Council approves the new assessments and apportionment according to the reports submitted. 3. That the Council orders the formation and establishment of Assessment District AD 2008-0 I along Glenhaven Way. 4. That the Council orders the construction of improvements related thereto. 5. That the Council orders the new assessment role to be recorded with the County Recorder. 6. That the City Clerk is hereby direct.ed to enter in the minutes the results of the election as set forth in said Statement of Votes Cast. Presented by Richard A. Hopkins Director of Engineering C:\Documents and Settings\Florence\Local Settings\Temporary Intemet FileS\OLK8D\Glen'bv~ ~5triiC[ formation (2).doc j::VH1BfY it ....,../':,I,l.,,,I~,.....,;r~Jog..,, CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST ST ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VIST A, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY, that at the conclusion of the public hearing upon the proposed assessment in accordance with the provisions of subdivision (d) of Section 53753 of the Government Code, I, an impart,ial individual, did tabulate the ballots submitted and not withdrawn, in accordance with the provisions of subdivision (e) of Section 53753 of the Government Code at the hearing on CITY OF CHULA VISTA GLENHA VEN ASSESSMENT DISTRICT NO. 2008-01 in said City, held February 3rd, 2009. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast for the formation and establishment of said district and the imposition of assessments on the properties therein and the totals therefore as shown below are full, true, and correct. VOTES CAST YES NO WITNESS of my hand and Official Seal this 3rd day of February 2009 Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA J:\ellgineer\aGENDA\CERTIFICA TE OF ELECTION OFFICIAL.doc 6-7