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Home My WebLink About2009/05/12 Item 6 CITY COUNCIL AGENDA STATEMENT ~\ 'f:. CITY OF ~CHUlAVlsrA 5/12/09, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FOR1\1ATION OF AN ASSESSMENT DISTRICT FOR OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER . PREP ARE AND FILE AN ENGINEER'S REPORT AS REQU E BY LA W DIRECTOR OF PUBLIC WORK CITY MANAGER~ ASSIST ANT CITY 'ANAGER ~J 4/5THS VOTE: YES 0 NO [2S] SUBMITTED BY: REVIEWED BY: SUMMARY Residential properties along Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 25 of the 40 property owners 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 proposed action involves the creation of a governmental funding mechanism without the commitment to a specific project which may have the potential for significant physical impact on the environment. Therefore, pursuant to Section 15060( c )(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 6-1 5/12/09, Item~ Page 2 of3 DISCUSSION The street being proposed for the Oxford Street Assessment District from Third Avenue to Alpine Avenue is a residential street with an 80-foot wide right-of-way and is located within the Castle Park area of the City. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, and 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. City staff received a petition on February 2009, initiating the formation of an Assessment District for the construction of street improvements along Oxford Street, from Third Avenue to Alpine Avenue. Twenty-five of the forty property owners within the proposed District boundaries were in favor of the district formation. This represents a 62.5 percent approval from the property owners within the proposed district. This petition complies with Section 2804 of the California Streets and Highways Code, as amended by Ordinance 2952, which requires that the petition be signed by more than 60 percent of the properties to be assessed for the installation of the improvements requested by such petition. 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 Oxford Street between Third Avenue and Alpine Avenue. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Oxford 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 6-2 5/12/09, Item~ Page 3 of 3 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. 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 ofthis action. CURRENT FISCAL IMP ACT There are no fiscal impacts associated with action on this resolution. In late 2006, the City obtained approval for a Section 108 loan from the United States Department of Housing and Urban Development CHUD) to fund street improvements in the Castle Park neighborhood. Said Loan will be paid for from the annual Community Development Block Grant allocation. ONGOlNG FISCAL IMPACT None. ATTACHMENTS I. Petition signed by the Oxford Street Property owners Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. J. \Ellgineer1A GENDA \CAS2009\05-05-09\Ox[ord AD accepting perl!lan and intentioll.doc 6-3 ..0 ATTACHMENT / . . _ :~: l:.. ;'.,: :~ ,; ~;; ~~ !.-,: ell y IH C;-;!jl.' '-'1ST.'.. E!~GiriE'Ei:'; ij.Tc C'EPT .... Honorable Mayor and Members of the City Council City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 2009 FEB - 3 Ail 10: J 7 Re: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District to Finance the Costs of Construction of Curb, Gutter, Sidewalk and Street Improvements for Properties Along the North and South sides of Oxford Street between Third Avenue and Alpine Avenue Mayor and Members of the City Council: We are the owners (the "O'''11ers'') of the properties located in the City of Chula Vista (the "City"), which are identified adjacent to our signatures 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, sidewalk and street improvements along the north and south sides of Oxford Street between Third Avenue and Alpine Avenue (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 of the 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. Assessment District 2009-01 Page 1 on January 7,2009 6-4 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing. The City Council shall have the authority to form the assessment district and levy the proposed assessments OIlly 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. Assessment District 1009-0 I Page 1 of7 January 7. 1009 6-5 Th' ft 1 IS pe ItlOn IS respect 11 Y submitted by: Date Signed Name of Property Property Street Signature of Property Address Owner(s) Owner(s) and (printed or tvned) Assessor's Parcel No. ASTROLOGO REMEDIOS LIVING 278 Oxford Street . TRUST 08-11-98 619-171-11-00 - - ESQUIVEL CARLOS 0 & LEOCADIAivI \ ! 98 Del Mar Avenue F AtvIIL Y TRUST 07-16- 619-171-12-00 05 WOLFE NEIL E & 1199 Third A venue BONNIE A TRS 619-171-26-00 r CONTRERAS JOSE 0 264 Oxford Street 619-172-10-00 MATA LEOV ARDO JR 252 Oxford Street 619-172-11-00 PARRA At"!NA M 246 Oxford Street 619-172-12-00 ELBERT MARK A & 240 Oxford Street DESMOl'lD FETUAO 619-172-13-00 I I 1198 Twin Oaks \ JARNIGAN FRANK D A venue I 619-172-14-00 \ \ d 11/ c1 ~ - GONZALEZ JUAN & 230 Oxford Street SONIA 619-181-10-00 - \ !\sstNnelll District 2009-0 I Page 3 of7 J anuury 7. 2009 6-6 Date Signed Name of Property Property Street Signature of Property Address Owner(s) Owner(s) and rinted or tv ed Assessor's Parcel No. \l'L-1\/1 VIERGUTZ RALPH E 222 Oxford Street 619-181-11-00 " '\11\01 VIERGUTZ RALPH E & f- 216 Oxford Street SAL V ACION L 619-181-12-00 \\d-~(nl CRABBE DIANE M ~~tl6. 212 Oxford Street 619-181-13-00 CARBAJAL F AlvIIL Y ~O ~~r 1194 Second Avenue [./n-DL\ TRUST 10-08-92 619-181-14-00 \ \-l1 \.S bt~ 180 Oxford Avenue CABRALES JESUS F 619-182-12-00 CASILLAS ERNESTO 1192 Elm Avenue 619-182-13-00 : \ MEZA HERt'vlELINTIA 184 Oxford A venue ;.., . J M 619-182-24-00 ',', .1 . '-} \ .~ i" ,I' 1195 Second Avenue 619-182-25-00 1- ~,," I 11')/tI'7 RODRIGUEZ JOSE L ,. , RUIZ CARLOS & GUADALUPE 1197 Elm Avenue 619-191-12-00 Ass~ssment District 2009-0 I Page 4 of? January 7,2009 6-7 Date Signed Name of Property Signature of Property Property Street Address Owner(s) Owner(s) and rinted or tv ed) Assessor's Parcel No. ORELLANA F MiIL Y 1192 Elm Avenue TRUST 09-12-98 619-191-13-00 WILSON DAVID R & 267 Oxford Street DIAJ.'\J"A G REVOCABLE 619-221-04-00 TRUST ;' i .jLcm,) "At '. 261 Oxford Street ..1 YiI / SEYDE IRACEIvlA E 619-221-05-00 I , CASTLE PARK 251 Oxford Street , .j ~ . - APARTMENTSLP 619-221-06-00 ...,.,.....J 24/or ELBERT MARK A & 245 Oxford Street { DESMOND FETUAO 619- 221-09-00 ELBERT MARK A & 239 Oxford Street DESM01'<TI FETUAO 619-221-10-00 1(2))07 GARCIA CANDELARIO ~ ':1 231-233 Oxford Street & ROSA M hi-- - 619-221-11-00 i -{'r O~ TRIPLETT KATHLEEN ~11f~~ 229 Oxford Street TR 619-221-12-00 I~ ?-3-cf\ SAAR DONNA J 221-225 Oxford Street 619-221-13-00 Assessment District 2009-01 PageSof7 January 7, 2009 6-8 Date Signed Signature of Property Owner(s) Property Street Address and Assessor's Parcel No. Oi - /7- ()9 PROULX JAivLES T AND GA Y Ai"'lNE L NID PROULX DAVID J 217 Oxford Street 619-221-14-00 SEVILLA YOLAi'\fDA N 207 Oxford Street 619-221-15-00 r:.-,3\r"f1, E: 'I' 205 Oxford Street MEZA JOHN (flo/-- 619-221-16-00 6(-17..,rY1 "(- ELBERT MARK A & 243 Oxford Street DESMOND FETUAO & 619-221-43-00 DESMOND THOMAS L AND ELBERT MAR CASTILLO-MORRISON 247-249 Oxford Street BETTY E 2003 TRUST 12-23-03 AND 619-221-51-00 CASTILLO L 0/ )/7~j ROMERO F MIlLY 195 Oxford Street TRUST 12-13-05 619-231-01-00 0/:21/0 , 187 Oxford Street W~~-Sc6~' SCHERTZER WILLIAM LJ 619-231-05-00 SCHERTZER ALBERT 179 Oxford Street E & MABEL TRUST 10- 619- 231-06-00 19-90 #~fJr ~^ 167 Oxford Street 0) -)'?J -01 DAi'vllA1"\! JU Ai"\! R 619-231-07-00 Assessment District 2009-01 Page6of7 January 7, 2009 6-9 3. All assessment ballots received by the City prior to the conclusion of the public hearing will be tabulated following the conclusion of such public hearing. The City Council shall have the authority to form 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 sUQ.mitting this petition we are not waiving our right: (a) to testify orally or in writing at fue public hearing described above, (b) to obj ect 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: Property Street Date Signed Name of Property Signature of Property Address Owner(s) Owner(s) and (minted or typed) Assessor's Parcel No. / - . ) / i$ D..e L MAR tV.-e. ] -)-- 07 ~ s.. R { ~. cJ,t.j d<.{;~ &L. C~ () ~A ~'LLP (C\. ~ 105 0 &&.1./ i v.e.( (;/7/7//200 , Assessment District 2009-01 January 7, 2009 6-10 Tl. I 115 petition is respectfully submitted by: Property Street , i Date Si!!ned Name of Property Si!!nature of Property I \ Address Owner(s) Owner(s) and I I i (Dl.inted or tyoed) Assessor's Parcel No. ASTROLOGO REMEDfOS LIVING 278 Oxford Street TRUST OS-] 1-98 ' 619- I 71-11-00 i f ! \ ESQUIVEL CARLOS 0 : ! 98 Dd ~jar A venue l & LEOCADlA LV! I FAMIL Y TRUST 07-16- 619-171-12-00 \ 05 I 1199 Third A venue i WOLFE NEIL E & I BONNIE A TRS 619-171-26-DO [ ,- ! I 264 Ox ford S ll.eel ! I I I CONTRERAS JOSE 0 619-l 72-1 D-D(J i i I I ; I 252 Oxford Stl.eel i ! MATA LEOVARDO.lR 619-172-11-()() ! I I I I I 246 Ox ford Street I PARRA ANNA M , I 619-\ TJ.-12-00 I /' I ELBERT MARK A & t. /' ..if, ") I //G ~ 240 Ox [01.([ Slreet I f I I DESMOND FETUAO 619-172-1]-I)D I I : I : \ I i 1 198 Twin Oaks i JARNIGAN FRANK 0 Avenue i I I (, 19- I 72 -14-()() ; : I '~ \ i(i1lvc( GONZALEZ JUAN & '... . /' 230 Oxford Street .'.....-:..; i SONIA 6 I 9-\8 I-I 0-00 , L-.. .'\$~;c:;';I1CIH [listricl 2n09-0 I Page J 01' 7 J31111ary 7. ]()()q 6-11 i Date Si2ned -,' '....,. r;--; i//-//-()7 I I br - ! 7 ~ '0 i I I ! N arne of Property OWl1er(s} (nrinted or tyned) PROULX JAMES T AND GAY ANNE L AND PROULX DA VID J SEVILLA YOLANDA N Si211ature of Property Owner(s) ,I ...., )} _ _ ' ~/' ~'oj: J c::.-!-/.rJ,'C-7~ (- ~1,2"-'-" /' \~ ~' !)/\A J'?l0y-'--- (r/~. f) 'ELBERTMARKA&. V . DESMOND FETUAO & ~/~~ DESMOND THOMAS V.' ifJ AND ELBERT MARl Y----. 'CASTILLO-MORRISON BETTY E 2003 TRUST 12-23-03 AND CASTILLO L j I I , I fO/)/7kj 001/07 () ) - 'J?J ..ocr I .r MEZAJOHN \.:~~4 /, '8./~-z I ROMERO FAMILY TRUST 12-13-05 SCHERTZER WILLlAM SCHERTZER ALBERT E 8:. MABEL TRUST 10- 19-90 DAMIAN JUAN R A,scssm"nl District 2009-01 Pag~ 6 of7 Property Street l Address and Assessor's Parcel No. 217 Oxford Street 6 I 9-22 l-14-00 207 Oxford Street 619-221-15-00 l-_I.~"\.t e -J 205 Oxford Street 6 I 9-221-16-00 243 Oxford Street 619-221-43-00 247-249 Oxford Street 6 I 9- 221- 5 1-00 \95 Oxford Street 619-231-0 I-DO ,." (-" . .'+- 187 Oxford Street Ij) .f-0~ Cl./'Z.?-'L .::; Cb'c. ~r: ~J 6 19-23 1-05-00 o "1 /1 rf0- ,", ~.,,~ frr- ( , 6~12 179 Ox ford Street (j I 9-23 1 -06-00 167 Oxford Street 6 \ 9-231-07-00 PropertY Street Date Signed Name of Property Signature of Property Address Owner(s) Owner(s) and (orinted or tvDed) Assessor's Parcel No. J ..;) 7)-09 ESTRADA EUGENIO A ~~ ti &i;? 157-159 Oxford Street & CELLA A TRS 619-231-36-00 GOINS MARLANE 143 Oxford Street LIVING TRUST 06-04- 619-232-01-00 98 GONZALEZ VICENTE 135-141 Oxford Street & ROSA E 619-232-02-00 I'(f} zA NELSON PETER & " ----? 129 Oxford Street LIBERTY '-\ " i 619-232-04-00 QUINLAN PURIFICACION F 127 Oxford Street TRUST 07-20-00 619-232-05-00 (;.1..)........ to: <7-t?"'f".: l(?f "" IllfF'? oJI( l'7c( NEIGHBORHOOD COORDINATOR: ::ruM &cJ2/1) ~2- NAME: ADDRESS: :??O C>~o <:3T. (PI1/) cf7-t? h77~ TELEPHONE NUMBER: J :\Engineer\.-\SS ESSM ENTSIAD 2009-0 I_Oxford Slreel\Pelilion.doc Assessment District 2009-01 Page 7 of7 January 7, 2009 6-13 ATTACHMENT A t j;~' PROPOSED BOUNDARIES ASSESSMENT DISTRICT 2009-01 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ~v~ ~ OIY Of CHUlA VISfA it; _ m , I ' , I . ._.'._riilJl fB I BT I m II~ eIIl ~~ I!il'lE N.A.P, ~JI[~!; I!m IJlllHl ()) I .... I I ~ m,a ~llL -TI:""I~\J.~ m lm "'" -l m I m ~ II ~I :..J.. I I I cL._L.l L L.L _ L .j:o ! ~ I HUlEllY crnl1FY WAT TIlE \\IWIN ~IJ' S1iO\\lNG PRa'OSEll BOONDAlllES Of TIlE ASSl:SSIlElH ViSlRICT, CHY Of owu. "511., COONIY Of SAN DIEGO. SlATE Of CAUfORllIA WAS IJ'PRO;rn BY WE aIY COUNaL Of 1HE aIY AT A REGUlAJI UEElINO TIIEREOf. HElD ONlHE_OAY Of ,2000 BY RESOlUTION HO. FlUD lHJ5_0AY Of . 200B, IN BOO( AT PAG( _Of ~IJ' Of AS5E~ElH Vi5lRtCrs III lHE OfflO( Of lHE COUNIY RECORDER Of lHE COUNTY Of SAN OIECO. STATE Of CAUfORNIA. LEGEND; I I AREA Of llIPftO'<9lEHTS RNAL ASSE:SSUEHT DI5mlCT BOUNDARY NOI A PART Of DISTRICT COUNTY RECORorn. COUNTY Of SAN DIECO OTY CUl1K, aTY Of CHUU. >ISlA N.A.P. REfERENG( 15 HEREllY WADE TO TIlE COUNTY Of SAN OIEOO, STAlE Of CAUFDRHIA ASSl:SSOO PARCU MAPS foo DETAILED ViwrnSlON5 Of INOl"OUAL PARca5. fllID IN 1HE 0ffl0( Of TIlE an Cl.ERK Of WE an Of CHUU. ,,51A lHJ5_0AY Of , 2008. an a...DU<. eTY Cf" QIULA \1STA 0725-10A007-01 W.O, NO. SlU05 -,. RESOLUTION NO. 2009- 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 AN ASSESSMENT DISTRICT FOR OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS, residential properties along Oxford Street between Third A venue and Alpine Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 25 of the 40 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, the boundary of the proposed assessment district is Oxford Street between Third Avenue and Alpine A venue; 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: 1. 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 California Constitution Article XIII D 9 4 and the 6-15 Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et seq. Presented by /} art C. Miesf~ld Interim City Attorney Richard A. Hopkins Director of Engineering H:IENGINEERIRESOSIResos2009\05-05-0910xjord Accept Petition and Declare Intention.doc 6-16