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Home My WebLink About2009/11/17 Item 10_.. CITY COUNCIL ~ AGENDA STATEMENT - ~ ~~~i, ~ ~` CHUTA VISTA 11/17/09, Item~~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR OXFORD STREET ASSESSMENT DISTRICT NO. 2009-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE~ITIATION OF BALLOT PROCEEDINGS /.-J SUBMITTED BY: DIItECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENGINEEF REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~ j 4/STHS VOTE: YES ^ NO SUMMARY On May 12, 2009, by Resolution No. 2009-108, the City Council accepted a petition signed from 25 of the 40 owners of residential properties along Oxford Street between Third Avenue and Alpine Avenue requesting that special assessment district proceedings be commenced. Resolution No. 2009-108 also declared the City Council's intention to initiate proceedings to consider the formation of an assessment district and directed the preparation of the required Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report. The proposed resolution would adopt said boundary map, approve the Preliminary Engineer's Report, set the time and place for a public hearing to consider the establishment of the Oxford Street Assessment District, and order the initiation of ballot proceedings regarding formation of the proposed Oxford Street Assessment District. 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 of the State CEQA Guidelines because the proposal involves the initiation of balloting proceedings for establishing an assessment district at the request of residential property owners, which in turn may lead to an action which the City has not yet approved, adopted, or funded. 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. 10-1 11/17/09, Item ~~ Page 2 of 3 RECOMMENDATION City Council approve the resolution: (1) adopting a map showing the proposed boundaries for Oxford Street Assessment District No. 2009-01; (2) approving the Preliminazy Engineer's Report; (3) setting the time and place for a public hearing on January 5, 2010 at 4:00 p.m. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"); and, (4) ordering the initiation of ballot proceedings in accordance with said Article XIIID. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area being proposed for the Oxford Street Assessment District consists of Oxford Street between Third Avenue and Alpine Avenue. This Street is a Class II collector street with an 80- foot wide right-of--way and is located within the Castle Pazk azea 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 May 12, 2009, the City Council accepted a petition signed by the owners of 25 of the 40 properties located within the proposed district area. At that time, among other things, the City Council directed the City Engineer to prepare the required Preliminary Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report containing the preliminazy design and cost estimates for this proposed project, as well as the proposed Assessment District Boundary Map. Preliminary Engineer's Report This project consists of the construction of concrete curb, gutter, sidewalk, driveway aprons and street pavement replacement along Oxford Street from Third Avenue to Alpine Avenue. Details of the cost breakdown and design considerations aze included in the Preliminary Engineer's Report (Attachment 1). This report includes a copy of the proposed boundary map and the recommended construction cost payable by each included property. The total project costs are estimated to be $2,257,787.85, of which the property owner's share is $156,855.00. The property owner's share is the amount required to cover the cost of constructing concrete driveways and aprons and the removal and/or relocation of private improvements from the public right-of-way that will interfere with the new street improvements. All project casts will initially be paid through aloes-interest United States Department of Housing and Urban Development (HUD) Section 108 loan received specifically to fund full street improvements in the Castle Park area; this loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. All future assessment district payments will be deposited in the City's CDBG fund. 10-2 11/17/09, Item ~~ Page 3 of 3 Tonight, the City Council is being asked to review, amend if desired or necessary, and approve the Preliminary Engineer's Report. Public Hearing and Ballotine City Council is also being requested to set the time and place for a public hearing regarding the formation of the District and the constriction of the improvements, and to order the initiation of assessment district balloting proceedings. If the resolution is approved, staff will mail notices of the public hearing, together with assessment ballots, to all property owners within the proposed district at least 45 days in advance of the public hearing, which will be held Tuesday, January 5, 2010 at 4:00 p.m. in the City Council Chambers. At the public hearing, 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 previously approved Resolution No. 2009-108. 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 concrete driveway aprons and the removal and/or relocation of their private improvements from the public right-of--way that will interfere with the new street improvements. The property owners have the option of revising their assessment ballots until the end of the public hearing. These assessment ballots will include the maximum principle amount that each owner is required to pay. If the majority of property owners approve the levy of these assessments, the City Council may then order the formation of the assessment district and the construction of the improvements. 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 The total cost of this project is estimated to be $2,257,787.85 of which that the property owner's will repay an estimated share of $156,855.00 of the cost of the project. The project is funded by the Section 108 loan. In late 2006, the City obtained approval for a Section 108 loan from HUD to fiord street improvements in the Castle Park neighborhood. Said loan will be paid for from the annual CDBG allocation. ONGOING FISCAL IMPACT None. ATTACHMENTS Attachment 1: Preliminary Engineer's Report Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. M'.\Engineer\ACENDA\CAS2009\I I-17-09\Oxford St AD accepting report rev2.doc 10-3 ATTACHMENT ~i PRELIMINARY ENGINEER'S REPORT OXFORD STREET SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2009-01 NOVEMBER 17, 2009 *o~ No~ 612 5 ~* Exp. 301.01 OF Preliminary Engineer's Report Page 1 of 6 for Oxford StAD 10-4 Background The azea being proposed for the Oxford Street Assessment District consists of Oxford Street between Third Avenue and Alpine Avenue. This Street is designated as a Class II collector street in the City's General Plan with an 80-foot wide right-of--way and is located within the Castle Pazk azea of the City of Chula Vista. The Castle Pazk area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomaz 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 aze no existing curb, gutter or sidewalk improvements on this segment of Oxford Street. On May 12, 2009, by Resolution No. 2009-108, the City Council accepted a petition signed from 25 of the 40 owners of residential properties along Oxford Street between Third Avenue and Alpine Avenue requesting that special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters, sidewallcs and street improvements in accordance with the Improvement Act of 1913. Resolution No. 2009-108 also declazed the City Council's intention to initiate proceedings to consider the formation of an assessment district and directed the prepazation of the required Engineer's Report for the proposed Oxford Street Assessment District. Pursuant to Council Policy 505-1, Assessment Districts for the construction of infill street improvements aze to be formed with the participation of the City using either the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as enacted and amended in the California Streets and Highways Code and as amended by City ordinances. The Assessment balloting process shall be conducted in accordance with Article XIIID of the California Constitution (Proposition 218) or applicable State law. 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 that 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 construction of the driveway apron serving their properties and for any costs associated with the relocation of private improvements (only if private improvements aze located within the public right-of--way and in conflict with the new public improvements). Preliminary Engineer's Report Page 2 Of 6 for Oxford St AD 1 () _ 5 Overall Desi¢n and Cost Estimate The project area and general location of improvements aze shown on Exhibit A, the Proposed Boundary Map for Assessment District 2009-01, Oxford Street Assessment District. The properties, which will benefit from these improvements and would be a part of the district, are as follows: Address Assessor's Parcel Number 278-280 Oxford St 619-171-11-00 271 Oxford St 8 1198 Del Mar Ave 619-171-12-00 298 Oxford 8 1199 3rd Ave 619-171-26-00 264 Oxford St & 1199 Del Mar Ave 619-172-10-00 252 Oxford St 619-172-11-00 246 Oxford St 619-172-12-00 240 Oxford St 619-172-13-00 234 Oxford St & 1198 Twin Oaks Ave 619-172-14-00 230 Oxford St & 1199-1195 Twin Oaks Ave 619-181-10-00 222 Oxford St 619-181-11-00 216 Oxford St 619-181-12-00 212 Oxford St 619-181-13-00 180 Oxford St 619-182-12-00 1192 Elm Ave 619-182-13-00 184 Oxford St 619-182-24-00 170 Oxford St 619-191-12-00 267 Oxford St 619-221-04-00 261-263 Oxford St 619-221-05-00 251 Oxford St 619-221-06-00 245 Oxford St 619-221-09-00 239 Oxford St 619-221-10-00 231-233 Oxford St 619-221-11-00 229 Oxford St 619-221-12-00 221-225 Oxtord St 619-221-13-00 217 Oxford St 619-221-14-00 207 Oxford St 619-221-15-00 205 Oxford St & 1202 2nd Ave 619-221-16-00 243 Oxford St 619-221-43-00 247-249 Oxford St 619-221-51-00 195 Oxford St & 619-231-01-00 187 Oxford St 619-231-OS-00 179 Oxford St 619-231-06-00 167 Oxford St 619-231-07-00 157-159 Oxford St 619-231-36-00 143 Oxford St 619-232-01-00 135-141 Oxford St 619-232-02-00 129 Oxford St 619-232-04-00 127 Oxford St 619-232-OS-00 Preliminary Engineer's Report Page 3 of 6 for Oxford St AD 1 O _ 6 The improvements include reconstruction of the asphalt concrete street, construction of monolithic curb, gutter and sidewalk, miscellaneous associated drainage facilities, and stormwater treatment facilities. The sidewalk will be five feet wide and will match the existing sidewalk at the west and east boundaries of the Oxford Street Assessment District. Where driveways are located, a driveway apron will be constructed to provide a transition between the street, the sidewalk, and the driveways. Several properties have trees, fences, gates, or walls, which will need to be removed, relocated or reconstructed to construct the proposed street improvements. Total construction cost for the project is estimated to be $1,588,046.50. This estimate is based on the preliminary design. Sweetwater Authority design costs and construction aze estimated to be $138,091.00. City staff costs for design, inspection and associated soil testing aze estimated to be an additional $530,650.17. All project costs will initially be paid through aloes-interest United States Department of Housing and Urban Development (HLJD) Section 108 loan received specifically to fund full street improvements in the Castle Pazk azea; this loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. Method of Apportionment The City of Chula Vista has offered the Castle Pazk azea property owners an incentive to form Assessment Districts for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for driveway aprons and for removal and/or relocation of private improvements within the City right-of--way. The property owners' responsibility is estimated to be $156,855.00 of the total project cost. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and on the removal and/or relocation of private improvements from the public right-of--way that will interfere with the new street improvements. The breakdown of construction costs among the properties within the district is shown below. For each property, the squaze footage of the driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. Several properties will also require private improvement relocation. Costs associated with the relocations aze included with the preliminary assessment. Preliminary Engineer's Report Page 4 of 6 for Oxford St AD 1 O _ 7 Address Assessor's Parcel Number Private Improvement Modifications Preliminary Assessment 278280 Oxford St 619-171-11-00 NONE $2,735.00 271 Oxford St & 1198 Del Mar Ave 619-171-12-00 NONE $1,805.00 298 Oxford & 1199 3rd Ave 619-171-26-00 Remove existing awning & planter $10,750.00 264 Oxford St & 1199 Del Mar Ave 619-172-10-00 NONE $2,735.00 252 Oxford St 619-172-11-00 NONE $2,005.00 246 Oxford St 619-172-12-00 NONE $1,805.00 240 Oxford St 619-172-13-00 NONE $1,805.00 234 Oxford St & 1198 Twin Oaks Ave 619-172-14-00 Remove & Replace existing chain link fence $7 810.00 230 Oxford St & 1199- 1195 Twin Oaks Ave 619-181-10-00 NONE $1,805.00 222 Oxford St 619-181-11-00 NONE $5,250.00 216 Oxford St 619-181-12-00 NONE $3,045.00 212 Oxford St 619-181-13-00 NONE $3,045.00 180 Oxford St 619-182-12-00 NONE $3,045.00 1192 Elm Ave 619-182-13-00 NONE $2,270.00 184 Oxford St 619-182-24-00 NONE $1,805.00 170 Oxford St 619-191-12-00 NONE $6,070.00 267 Oxford St 619-221-04-00 NONE $2,305.00 261-263 Oxford St 619-221-OS-00 NONE $3,545.00 251 Oxford St 619-221-06-00 NONE $5,755.00 245 Oxford St 619-221-09-00 NONE $2,805.00 239 Oxford St 619-221-10-00 NONE $2,355.00 231-233 Oxford St 619-221-11-00 NONE $7,050.00 Preliminary Engineer's Report Page 5 of 6 for Oxford St AD 1 O _ 8 Assessor's Parcel Private Improvement Preliminary Address Number Modifications Assessment 229 Oxford St 619-221-12-00 NONE $3,945.00 221-225 Oxford St 619-221-13-00 NONE $2,115.00 217 Oxford St 619-221-14-00 NONE $1,805.00 207 Oxford St 619-221-15-00 NONE $6,390.00 205 Oxford St 8 619-221-16-00 Remove & Replace existing $5 015.00 1202 2nd Ave wood picket fence , 243 Oxford St 619-221-43-00 NONE $2,005.00 247-249 Oxford St 619-221-51-00 NONE $2,735.00 Remove & Replace existing 195 Oxford St & 619-231-01-00 wood picket, and remove $6,470.00 alm tree 187 Oxford St 619-231-05-00 Remove existing dense $3,115.00 trees 179 Oxford St 619-231-06-00 Remove existing dense $4,045.00 trees 167 Oxford St 619-231-07-00 Remove & Replace existing $8,860.00 wood picket fence 157-159 Oxford St 619-231-36-00 Remove & Replace existing $11,645.00 chain link fence 143 Oxford St 619-232-01-00 NONE $1,805.00 135-141 Oxford St 619-232-02-00 NONE $2,115.00 129 Oxford St 619-232-04-00 Remove & Replace existing $6,515.00 chain link fence 127 Oxford St 619-232-05-00 NONE $5,575.00 Total of Preliminary Assessments = ~156,1f55.UU to be paid by property owners The cost breakdown in this Engineer's Report will be reviewed after the project has been constructed. At that time, all actual quantities will be known, and the cost of the Final Assessments can be determined based upon the bid results of the Contractor to which the City awards the contract for construction of the public improvements. The maximum assessment for each individual property listed in this Engineer's Report cannot be increased without another ballot process. 1:\DesignWll Projects\S'rL\5"CL305 Oxford St (AD09-01)\Assessment\Eng RpflPreliminary Engineer's Rpt 11-09revl.doc Preliminary Engineer's Report Page 6 of 6 for Oxford St AD ~ ~ _ 8 ~~~0~ ~ '~ /, I~ -I~ N.A.P. ASSESSMENT DISTRICT 2009-01 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ~~ ~~ t t I I I I I 11 ~ ~ ~ ~ I ~ ~ ~ ~ ~ ~ ~ ~ N.A.P. ~ N.A.P. ~ ~ ~i ~ ~ ~~~~ ~~~~~T~~~~ ~ ~~ I I I I I I I I I ~~ I I I I C I I I I ~1~_ ~~ __ I HER®Y CERTIFY 1HAT 1HE MI7HW YAP STIOIItl1G PROPOSED BOUNDARIES GF 7HE ASSE591F11T dS7RICT. an aF aMAA MSTA CaN1Y OF SAN aEGO. SPATE a: CAIJFORNIA WAS APPR01iTD BY THE an COUNCIL aF 7HE an AT A REGULAR YEE7Nfi 7FIFIiEaF. HF1D ON 711E DAY aF .2008 BY RESOLD7N)N N0. an acmc. an aF aRAA MSTA Eem N 1HE oFE1a: aF THE an clEfBt t>F 711E an OF CHIR.A MSG 7HIS_OAY OF .2008. r~. ~r ~~ AREA of NPROAF11FN15 _ -- • _ FNAI A55E55YEN7 DLSRBCT BgNDARY N.A.P. Nor A PART of aslRlcr cruwv~- I N.A.P. I 4 I -~ ~ . I~ I I I I 1 _ L F8ID 7WS_DAY OF . 20D8. N BOOK AT PAGE _GF YAP OF ASSESSVENT aSIftIC15 N lilE OFFICE GF THE GT)I1NTY RECaiDElt GF 7HE COUNTY OF SAN OEOD. STALE OF CAL8TN88A ca1Nn RECORDER. Ca1Nn a: SAN DIECo REFTIiala: IS HEREBY YADE Ta 711E COI1Nn aF SAN DIEGO. STALE OF CM1FaWA ASSESSOR PARCEL YAPS FOR DETABID DWENSIWS OF RRIINDUAL PARCkLS. CITY CLFTeG aTY OF aX1LA MSG RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR OXFORD STREET ASSESSMENT DISTRICT NO. 2009-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, residential properties along Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the Ciry has received a petition signed by 25 of the 40 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, on May 12, 2009, pursuant to Resolution No. 2009-108, the City Council accepted the petition, declared its intention to initiate proceedings to consider the formation of an assessment district, and directed the City Engineer to prepare an Engineer's Report; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, and resurfacing and widening of the existing asphalt pavement along Oxford Street between Third Avenue and Alpine Avenue. The property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of- way; and WHEREAS, City staff, at the City Engineer's direction, has prepared the Engineer's Report containing the preliminary design, cost estimates, and proposed Oxford Street Assessment District No. 2009-01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a map showing the proposed boundaries for Oxford Street Assessment District No. 2009-01. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineer's Report. 10-11 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby set the time and place for a public hearing on January 5, 2010 at 4:00 p.m. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"). BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby order the initiation of ballot proceedings in accordance with said Article XIIID. Presented by Richard A. Hopkins Director of Public Works 10-12