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HomeMy WebLinkAbout2009/11/17 Item 8I CITY COUNCIL AGENDA STATEMENT ~~ CITY OF --- CHULAVISTA 11/17/09, 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 FORMATION OF AN ASSESSMENT DISTRICT FOR SECOND AVENUE FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIl2ECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUI BY LAW SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECT OF ENG EE REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER S~ 4/STHS VOTE: YES ^ NO SUMMARY Residential properties along Second Avenue between Naples Street and Palomar Street are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 42 of the 59 property owners of this neighborhood requesting that a special assessment district proceeding be commenced far the purpose of Financing the construction of these improvements. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines, because the proposal ultimately involves providing standard improvements consisting of curb, gutter and sidewalk to an existing local street. These improvements would be done within the present street right-of--way with no expansion required beyond the existing street right-of--way. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Nat applicable. S-1 11/17/09, Item 8 Page 2 of 3 DISCUSSION The street being proposed for the Second Avenue Assessment District from Naples Street to Palomar Street to is a Class III Collector street with 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, 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 September 2009, initiating the formation of an Assessment District for the construction of street improvements along Second Avenue, from Naples Street to Palomar Street. Forty-two of the fifty-nine property owners within the proposed District boundaries are in favor of the district formation. This represents a 71.2 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 within the publicright-of--way). Improvements This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street pavement replacement along Second Avenue between Naples Street and Palomaz Street. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Second Avenue for the purpose of financing the construction of the described public street improvements. Additionally, in order to move forward, the City Council needs to declaze 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 pazcel, 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 S-2 11/17!09, Item g Page 3 of 3 construction of the improvements. Prior Co 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. 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. CURRENT FISCAL IMPACT 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 (HUD) to fund street improvements in the Castle Park neighborhood. Said Loan will be paid for from the annual Community Development Block Grant allocation. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Petition signed by the Second Avenue Property Owners Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. M: IEngirseer-IACENDAICAS?0091 / /-/7-0912nd Av AD accepting petition and intentiarT.doc 8-3 ~~~~~~~~' ~ „CITY OF CHU~LA1,Vl5'a EPlGI~IEERfP:G DEPT 2Q~9 SEP -8 AH I 1 ~ 09 Honorable Mayor and Members of the City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Subject: Petition Requesting the Initiation of Proceedings to Consider the Formation of an Assessment District for Properties Along Second Avenue beriveen Naples Street and Palomar Street. Mayor and Members of the City Council: We aze the owners (the "Owners") of the properties located in the City of Chula Vista (the "City") which are identified adjacent to our signatures below and aze 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 tYlunicipal lmproveueerrt Act of 1913 (Street mid Hig/nvays Code 10000 artd fottowin~ to consider the formation of an assessment district for the purpose of financing the costs of construction of driveway aprons and costs associated with the relocation of private improvements located in the public right-of--way along Second Avenue between Naples Street and Palomaz Street (the "Improvements"). The Improvements and toe properties proposed to be included within the boundaries of assessment district aze also shown on Exhibit 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 beaefit from the Improvements: 1. The costs to construct the Improvements; and 2. 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. 2"`~ Ave AD 2009-02 (Naples St to Pnlomar St) 8-4 3. All assessment ballots received by the City prior to the conclusion of the public hearing wilt 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 oppositia~ 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 oFthe proposed assessment on our property if we do not. agree with the amount of such proposed assessment. This petition is respectfully submitted by: Neighborhood Coordinator Name: Gustavo Toledo Address: 1116 Second Avenue Phone: (619)585-3334 e of Pronerty N Site Street Address Signature of Pronerty Date Signed am Owners (Assessor's Parcel No) Owner s (Printed or tuned) ,L 1( ~ I Qb 3b ~ Il C ~' vl So St r l ~~b c ~o wsK~ -c ~o~~~ ~ ,lvrer~Fl t~~t/towsl-C ~ v~,3v-a y i~ :"':fie,-1D ?0~1J-0?(NnplesSttoPalomarSq 8-5 Name of'Proper[v Site Street Address Sienature of'Property Date Siened Owners {Assessor's Parcel No) Orvner s Printed or tuned) ' ~N~i ~ t~u q '6~`'~/G l U;~~~-iE Pr`(~ ~~l <~!A ~o-cil'rs~ ~'-3~_oy UVS-~L,Vo ~~,Z f„ ~~ O'-" l lJ .Sor'~%c~ `o `~.~ M,C~uZI ~bi~ZJ~(~~2 ~.I~G( ~~el~~ ~~onz~(eL 1 d~_ ~l1 l stDr~t~ ~ ~~"~ ~ ~~ ~!u ~ ~ ~tav~- k~C7~c ~ ~2ftii~0 Ct~l~~t ~.~-~~ ~~z~'O~ ~.i~~~c'_~ ~5~1.~L„ ~" i `~ Y 1/ "'r.~Ire:ID.?OOI-0? (Nrtples S1 to P~lonurrSQ $-6 Name of Property Site Street Address Sienatnre of Pronertv Date Sinned Owners (Assessor's Parcel No) Owner s (Printed or rvned) ~10Vr ~yt rZ(~,r.'J ~' ~ ~~ ~ ~ y._ ~-``_~``I J ,~~~ ~, ~~~n~~~ .~e ~ ~w~~ . ~ ~J ~- 2Gr ~ , ` ~tr,~~~nr~ ~3~ I ~ o~~~ ~ ~ `~~L"L~~ ~3! /7~v r~~~~7 In~`Zc~ ~~~ ~~~°~ c~~~ YV~.ol~lzrn ~' ~, CC~~~ce_ ~v~/ ~~r ~ j ~/lzoo9 ~~~ rt~~-~ ~~3 ~l~ cJ~v ~/ a~~v ~/~ ~~/ v r 'v ?"'~:Ive:ID ?009-0? (Nnpfes Sr to PalornnrS0 8-~ e of Property N Site Street Address Signature of Property Date Sinned am Owners i_4ssessor's Parcel No) Owner s (Printed ortvped) i~~~ q-- i - n ~ ~At° ~~s' ~ ~~ ~ ^' ~r /~~ ~^ ~fOQ ~ -~tl ~ ~~'~~~ , , ~{}Si t~ r~~~ ~'~"~~ ~ ~ ~ G~ i l l i/ ""~,-lrr.-1D ?00)-0? QVaples St to PnlmnarSq 8-a Name of Property Site Street Address Signature of Property Date Signed Owners (Assessor's Parcel No). Owner s (Printed or tuned) I qq 1 _ l J ~ f~~1~ ~1 /• i7~1~/'~ L ~~sl N!~ rJJ`G' ~~ y ~~y ~~,~ ~ ~• i ~"'':lrc ;ID ?1709-0? (Naples St to PnlancrrSt) $-9 Name of Pronert~ Site Street Address Si?na[ure of Property Date Sinned Owners (Assessor's Parcel No) Owner s (Printed or h'pedl i ~ I ~ I i I i j ~ ~ ~ ~ i I - - j ~ j ~ ~~ ~ i i ?"'r .•! re : I D ?R(19-0? RVnplec St ro Pcdnnttn' Srj 8-10 3. All assessment ballots received by the City prior to the conclusion of the public Bearing 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. )n 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 aniouni of such proposed assessment. This petition is respectfully submitted by: Neiehborhood Coordinator Name: Gustavo Toledo Address: 1116 Second Avenue Phone: (619) 585-3334 t f P Site Street Address Signature of Property Date Signed roper y Name o Owners (Assessor's Parcel No) Owner s I~'rinted or tuned) M Qc~~ ~'-~ t.~ pez ~ /a ~ s-~y' ?"''Ave AD ?009-01 (Nnp/es St m Pnlomm• Sq $-1 ~ 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 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 azl assessment ballot in opposition to the levy of the. proposed assessment on our property if we do not agree with the anlount of such proposed assessment. This petition is respectfully submitted by: N ~ Neiabborhood Coordinator o .~ rn -'-< o n _;o•~- ---1 in -n f'+',, Name: Gustavo Toledo - r„~~- Address: 1116 Second Avenue ca ?,^'= Phone: (619) 585-3334 m 6`- ~~ ~~-_ `: ' o rn =. .~ ~N ~-~ Name of Property Site Street Address SiEnature of Property Date SiEned Owners (Assessor's Parcel Nol Owner s (Printed or tvnedl `%. /'Fi2 ~ /~. GC~'T~-4-'iZc~ v ~~ ~ /n/d'/~~Q V "'~,4ve AD ?009-0? (Naples St to Palomar Sr) a_~ 2 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 pazcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we aze 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. r; This petition is respectfully submitted by: o_ `° o m -I ^ ~ ~o-: ~ cn-"r`: Neighborhood Coordinator '- w "'0--~; ;~.r.. = c -:. r. ~~. Name: Gustavo Toledo T "~ r`~' o~c-; Address: 1116 Second Avenue o . m_ Phone: (619) 585-3334 r ~~ -~~ m ;... t f P Site Street Address Signature of Property Date SiEned roper y Name o Owners (Assessor's Parcel Nol Owner s Printed or tuned) ~olMEi7.ta~ Tl~uST •~ e~1~ fa u.d Jo-z-~7 i ?"'~ Ave,~1D ?009-01 (Naplea St to Palomm~ StJ 8-13 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 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: c: o m ~ Neighborhood Coordinator ° `O=c" n -, ~, ~., Name: Gustavo Toledo ~'' '' G'_ -.. . r Address: 1116 Second Avenue ~ c~ "; Phone: (619) 585-3334 f °~~ o ~s r J~~ ~ Name of Property Site Street Address Sia~ature of Pronerri Date Signed Owners iAssessor's Parcel Nol Owner s (Printed or tuned) ~-p~D ~ ; ?"'~ Ave AD ?009-0? (Nnples St to Paromm~ St) 8-14 itc.G_1`/LJ CITY OF CIIULA b'ISTA EFiGIiEEplldG D~P I 3. All assessment ballots received by the City pr,~R~te`~orl ~op of the public hearing will be tabulated following the conclusion of such pu 1 i it~}~ouncil 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 submitting this petition we aze 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 dog not agree with the amount of such proposed assessment. o '. ,~ a_ { o ~? This petition is respectfully submitted by: ~' "O ;,.,~~; w :~Cr~ Neighborhood Coordinator -C- o ,:;~ Name: Gustavo Toledo - ~ ~~ ~ -i -i Address: 1116 Second Avenue ~°' Phone: (619) 585-3334 " Name of Property Site Street Address Signature of Property Date Signed Owners (Assessor's Parcel No) Owner s tinted or tvoedl (P // // fL''/7/G~ f . v ?"'~ ~h-e AD ?009-0? (Nnples St to Pnlon=ar St) $-~ $ ~~'~ ~o~i8~~~1 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 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: Neighborhood Coordinator Name: Gustavo Toledo Address: 1116 Second Avenue Phone: (619) 585-3334 t f P Site Street Address Signature of Pronerri Date Siened w roner Name o Owners assessor's Parcel No) Owner s Printed or tv ed C ~~~ - / D~~/~ v ?"'~ Are AD ?009-0? (Naples St m Palomm~ StJ $_~ 6 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 SECOND AVENUE 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 Second Avenue between Naples Street and Palomar Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 42 of the 59 property owners 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 Second Avenue between Naples Street and Palomar Street; 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 of Chula 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 § 4 and the 8-17 Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et seq. Presented by Approved as to form by Richazd A. Hopkins Director of Public Works `/ .~ -~ zc, , "Fart C.' iesf CFo~ ~/i~0 6~-{11,L£~ i City~c(torney K: IENGINEERIRESOSIResos2 009111-1 7-0912nd Av AD Accept Petition and Declare IntentianREV doc $-~8