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Home My WebLink About2010/01/05 Item 6TY COU NCI L STATEMENT ~~~ CITY OF CHULAVISfA 1/OS/10, Item .~ ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2009-01 (OXFORD STREET) 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. 2009-O1 (OXFORD STREET), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENGINE REVIEWED BY: ASSISTANT CITY NAGER S~ ENVIRONMENTAL REVIEW 4/STHS VOTE: YES ^ NO SUMMARY On November 17, 2009 the City Council adopted Resolution No. 2009-272 approving the Engineer's Report for the proposed Assessment District AD 2009-01 along Oxford Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. 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; 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 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 CITY MANAGER 1/OS/10, Item 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 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 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 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. The Council also directed the City Engineer to prepare the required Engineer's Report for the proposed Assessment District. On November 17, 2009 the City Council adopted Resolution No. 2009-272 approving the Engineer's Report for the proposed Assessment District AD 2009-01 along Oxford Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. On November 18, 2009 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. 2009-108) adopted on May 12, 2009. 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 November 18, 2009. 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. 6-2 1/OS/10, Item Page 3 of 3 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. CURRENT FISCAL IMPACT The total cost of this project is estimated to be $2,257,787.85 of which the property owners 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 fund street improvements in the Castle Park neighborhood. Said loan will be paid for from the annual CDBG allocation. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City street maintenance. ATTACHMENTS 1. Area Map Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept ,I:\Engineer\AGENDA\CAS2010\OI-OS-10\Oxf'ord AD PH.doc 6-3 ATTACHMENT .~ PROPOSED BOUNDARIES ASSESSMENT DISTRICT 2009--01 N~ 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ~~ ~. `~~// a~luu vts~- I I I I I I I I I I I - - ~ -I- ~l_ S7RfEF I T~,~ ~ ~ ~ ~ .~ -~ ~ ~ I ~~ I I ~~ 1 I ~ I ~O ~ I C I i t i I ~ i i ~ { C I (~ ~.___~___... _ .__~____ _ ~. i HEREBY CERTIFY THAT THE IMIHiN MAP SHOritNO PROPOSED BOUNDARIES CP THE ASSESSMENT 61SRi1CT, qtt OF CHULA NSTA, COUNTY OF SAN piECO, STATE OF C/WFORMA WAS APPR04ED BT THE qtt COUNCIL OF THE qtt AT A REGULAR MEETlNO THEREOF, HELD • LEGEND: ON 1HE DAY OF 200D BY RESOLUTION N0. ~~ qtt CIJAK, Ott CF CHULA NSTA N.A.P. FILED IN THE OFFICE OF THE qtt CLERK OF 1HE qtt OF CHULA NSTA THIS OAY Cf' , 2008. FIlEO THIS DAY CF , 2008, IM BOOK Ai PAGE OF MAP OF ASSESSMENT DISTPoCTS M1 iNE OFTTCE OF THE COUNTY RECORDER OF THE COUNTY CF SAN 61EfA, STATE OF CAl1FORNIA. AREA OF IMPROYEMEN75 COUNtt RECORDER, COUNTY OF SAN DlECO FlNAL A55ESSLIENT DISTRICT EKMtNDARY NOT A PART OF pISFR1Ci F7ffgIQ1~ IS HEREBY MADE TO THE COUNTY Of SAN DIEGO, STATE Of CAUFOIiNIA ASSESSOR PARCEL NAPS FOR DETAILED gMEN90NS OF INIXNWAL PARCFL4 qtt CLERK, qtt Of CNU[A HSTA RESOLUTION NO. 2010- 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. 2009-01 (OXFORD STREET), 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 Oxford Street between Third Avenue 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, on November 17, 2009, the City Council adopted Resolution No. 2009-272 approving the Engineer's Report for the proposed Assessment District AD 2009-O1 along Oxford Street, 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 of Chula Vista finds as follows: That the Public Hearing for the formation of the Assessment District 2009-O1 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 November 18, 2009. 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. 6-5 Resolution No. 2010- 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 2009-O1 along Oxford Street. 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 directed 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 Approved as to form by Bart C. Miesfe ~~ ~~~ 7 ~~ City Attorney 6-6