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Home My WebLink About2010/07/13 Item 11 CITY COUNCIL AGENDA STATEMENT ,"', '~If" ;$ ~ CITY OF ~~ (HUlA VISTA 7/13/10, Ttem~ ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2009-02 (SECOND AVENUE) REVIEWED BY: 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. 2009-02 (SECOND AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEM~N ELATED THERETO DIRECTOR OF PUBLIC WORKS 1!Y~ ASSISTANT DIRECTOR OF ENGIN ~ ASSISTANT CTT~AGER ;J CITY MANAGER 'r 4/5THS VOTE: YES o NO fZJ SUBMlTTED BY: SUMMARY On May 25,20]0 the City Council adopted Resolution No. 2010-123 approving the Engineer's Report for the proposed Assessment District AD 2009-02 along Second Avenue. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. 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 I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed street improvement work involves negligible or no expansion of existing street right-of-way. Thus no further CEQA review or documentation is necessary. Additionally, the Environmental Review Coordinator has reviewed the proposed project for compliance with the National Envirorunental Policy Act (NEPA) due to the use of federal CDBG funds, and has prepared an Environmental Assessment (EA) pursuant to the U.S. Department of Housing and Urban Development (HUD) Guidelines, Title 24, Section 58.36. Thus, no fllliher NEP A review or documentation is necessary. 11-1 7/13/10, Item~ Page 2 of 3 RECOMMENDATION I. Hold the public hearing, receive testimony, and close the public hearing. 2. Tabulate the results of the Assessment Ballot procedure. 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 XIlID"), taking the actions identified in the resolution, including onlering 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 Second Avenue Assessment District consists of Second A venue between Naples Street and Palomar Street. This Street is a Class III 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 November 17,2009, the City Council accepted a petition signed by the owners of 42 of the 59 owners of residential 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 May 25, 2010 the City Council adopted Resolution No. 2010-123 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2009-02 along Second Avenue. Council also set the time and plaee for this public hearing and ordered the initiation of assessment balloting proceedings. On May 26,2010 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 fOrDling 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 Tntention (Resolution No. 2009-270) adopted on November 17, 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 tormation of the Assessment District and the constmction of the improvements. 11-2 7/13/10, Item~ Page 3 of 3 If the majority of ballots east prior to the close of this hearing are in favor of the assessment, Council is asked to make the [ollowing findings: 1. That this Public Hearing was properly noticed. 2. That Assessment Ballots including the Notice of Public Hearing were provided to all owners withinlhe approved Assessment District Boundary on May 26,2010. 3. That the Public Hearing was held at thc time and place identifLCd in the Notice. 4. That all interested parties had the opportunity to be heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion o[ thc 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 accordll1g 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. This conflict check was conducted based on Councilmember McCann's property holdings as of July 21,2009, prior to his temporary departure from the Council for active military duty. CURRENT FISCAL IMPACT The total cost of this project is estimated to be $2,192,500 of which the property owners will repay an estimated share of $253,024 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 HOO 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. Assessment District Boundary Map Prepared bY' BVllshra Salem, Senior Civil Engineer, Public Works/Engineering Dcpt l'\Enginccr\AGENDA\CAS2010\07-13-10\2nJ Ave AD PH CAS 7- t 3-10.doc 11-3 ~< -<<.,.~ -",----. ~ ~ I -1>0 d - "I ATIA(c~MIENU' 1 I, . J J !, J !' PROPOSED BOUNDARIES ASSESSMENT DISTRICT 2009-02 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO. STATE OF CAUFORNIA I I I I I I 1 M I~ ~~ I~ ~~ i~ ~~ il~ I ~ ~ ~ ~~ ~~ I ~ ~ i~ ~ ~~ il ~~ ;! \\\\\ \\" ,\'\ ~\ \\\\\ ,\\'\ 0: \\\\\\\\ .\\ ,\\\\\\\\ \\\\'\fu\\o :\ ,\\\\\:\\ \\\\' ,\\\\\\\\\\ ,\\\\\ \\' w I m I~ II ~~ ;~ ~ I ;~= ~~;~ I;~ ;; I ~~ ~~ ~ II~ ~ ~I t II ~ :> I L ~ t ~ ~~ ~I! !:J VlI~,\\ '\ y ;~ ;~ ~~ ~ "i~ NAP ~ ~ ~ [ n: .;. z n: .;. z ,\\\\\ ,\\\\ \\\\ \\\\ ,'\\ '~S\\\\ \ \' ,\\ \ \ \ \\ \\ ;IUI\Ulj lllleL N,A.P. 11IER(DY CERTIFY TIlAT U1E 'MnUII u,o,p 910\\\NG PROPOsrn DOUNDAAlES OF nit: ASSESSUOH DIS1RlCT. tnY Of O1UU. \1sr.... COOflTY Of SAN DIEGO. STATE OF CM.IfOOH1A WAS APPRO\rtD BY TI1E an' COUNClL OF tHE ort AT A RECUlAA l.lEElUIG THEREOF, HElD 011 TIlE DAV Of . ZOlO BY fiESCWliOiiH'O': LEGEND; f//////A FlLED THiS_DAY Of . 2010, III BOOK AT PAG€ Of MAP Cf' ~Dn DISTRICTS III 1HE Oflol~1l'~ COUHIT RECORDER Of THE COlJ~ITY OF SJ.JI O1EGO, SlATE ();' CA!.JfOflUl.4. AREA OF (I.lPRO\B.Iorrs FlHJ..L ASSESgurnr OIsm1CT Soot/DAnY 'lOT A PAAT Of OISffilC! COUHTY RECORDER, COUr/IT Of SAN mEW N.A.P. ellYo..fRK. mY Of O,Ul), \lSTA nLrn L'i M: OF'RC( Of WE OIY Cl...ffiK Of' THE orv OF OiU\.A \1S'TA lHIS o....y Of _' 2010. OIY ClERK. OIY Of CHULA \1STA RammeE IS HGlEDY lu.oE TO niE OOJ~ITY OF SA/I DIEGO. STATE Of CAUfOfltll1; Asse,son PAnClJ... \.lAPS rO<l OE"rAllfD OIIJEHSlOtIS OF INDI'ilDUAl. PARCElS. ~v~ ~- ~ ~::t~=::-- mY Of CHULA VISTA 0125-10 AD09-02 W.O. NO, Sl1342 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. 2009-02 (SECOND AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELA TED THERETO 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 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 May 25, 2010, the City Council adopted Resolution No. 2010-123 approving the Engineer's Report for the proposed Assessment District AD 2009-02 along Second Avenue, 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: 1. That the Public Hearing for the formation of the Assessment District 2009-02 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 May 26, 2010. 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. 11-5 . Resolution No. 2010- Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: I. That the Council hereby receives and approves the Certificate of the Election Ofticial 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 assessm'ents 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 2009-02 along Second Avenue. 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 C. Mies eld City Attomdy 11-6 EXHIBIT A CERTlFICA TE OF ELECTlON OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORi'JIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTrON 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 Cd) of Section 53753 of the Government Code, I, an impartial 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 SECOND AVENUE ASSESSMENT DISTRICT NO. 2009-02 in said City, held July 13,2010. 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 5th day of January 2010 Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 11-7