HomeMy WebLinkAbout2010/12/14 Item 4
CITY COUNCIL
AGENDA STATEMENT
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12/14/10, ltem~
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS
INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE
FORlVIA nON OF AN ASSESSMENT DISTRICT FOR NAPLES
STREET BETWEEN THIRD A VENUE AND ALPINE A VENUE
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 ~
DIRECTOR OF PUBLIC WORKS ~ ff\
ASSISTANT DIRE~ OF ENGlNEE~
CITY MANAGER
ASSISTANT CITY ANAGER ~f
4/5THS VOTE: YES D NO [2;J
ITEM TITLE:
REVIEWED BY:
SUMlVIARY
A number of residential properties along Naples Street between Third Ave and Alpine Avenue
are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The
City has received a petition signed by 13 of the 18 property owners (whose property frontages do
not have cmb, gutter, and sidewalk) of this neighborhood re'luesting 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 project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the project quahties
for a Class 1 categorical exemption pmsuant to Section 15301 (Existing Facilities) of the State
CEQA Guidelines, because the proposal ultimately involves providing standard improvements
consisting of cmb, 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.
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BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The street being proposed for the Naples Street Assessment District from Third Avenue to
Alpine Avenue is a Class II Collector street with 80-foot wide right-of-way and is located within
the Castle Park area of the City. The Castle Parle 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.
The properties to be included in the Assessment District do not have existing curb, gutter or
sidewalk improvements.
City staff received a petition on November 2010, initiating the formation of an Assessment
District for the construction of street improvements along Naples Street, from Third Avenue to
Alpine A venue. Thirteen of the eighteen property own~rs within the proposed District
boundaries are in favor of the district formation. This represents a 72.2 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 driveway apron
construction and any costs associated with the relocation of private improvements (only if
private improvements are located within the public right-of-way and are to be restored or
replaced).
Improvements
This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street
pavement replacement along Naples 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 Naples Street for the purpose of fInancing the construction of the described public street
improvements. Additionally, in order 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.
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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 consiJer the formation of the district anJ the
construction of the improvements. Prior to the public hearing, the residents within the proposed
Jistrict will be balloted to formally confim1 that the necessary level of approval has been
maintained. This balloting procedure also needs to be ordered by the Council.
DECISION MAKER CONFLICT
Statf 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 YEAR FISCAL IMPACT
There are no fiscal impacts associated with action on this r~solution. 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 arumal Community Development Block Grant allocation.
ONGOING FISCAL IMPACT
None.
ATTACHMENTS
1. Petition signed by the Naples Street Property Owners
Prepared by Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept.
j'\EngineerIAGENDAICAS2010\! 2-14-/0INaples AD accepting petition and ROI-revl.doc
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CATfACHMENT 1
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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 Naples Street between Third Avenue and
Alpine Avenue.
Mayor and Members of the City Council:
We are the ovmers (the "Owners") 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 JvIll1zicipal Improvement Act of 1913 (Street and Highways
Code 10000 and following) to consider the formation of an assessment district for the purpose of
fmancing the costs of construction of driveway aprons and costs associated with the relocation of
private improvements located in the public right-of-way along Naples Street between Third
Avenue and Alpine Avenue Street (the "Improvements"). The Improvements and the properties
proposed to be included \vithin the boundaries of assessment district are also shown on Exhibit A.
We understand that if an assessment district is formed as we have petitioned the following
costs 'hill be assessed against those properties that will receive special benefit from the
Improvements;
1.
The costs to construct the Improvements; and
Financing costs related to payment of the above costs over time.
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2.
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 "ill 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.
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
Naples 51 AD 2010-01 (S,d Ave la Alpine Ave)
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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 Vvith 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: ejdre. p(&WO--
Address: ) 1-1 (\fCl. pJe-5 <.SA. GtuA. to\' \1 i:S+-e-.
Phone: l (c I q) fc,()O - L\ i-:+ ?-
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PROPOSED BOUNDARIES
ASSESSMENT DISTRICT 20~~01
1913 ACT IMPROVEMENT DISTRICT
CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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LEGEND:
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FllfD mlS~DAY Cf , 2010, IH BOOK AT PAGE
_Of IJAP Of ASSESSMOlT OISlRlClS IN TI-lE omCf. Of lHE Cc<JHTY
RECORDER OF mE COOIiTY Of sAN DIEGO, STA IE OF CAl./fOOH1.a..
AREA << II.JPROVOmns
ctN ClERK. ctN Of ctlULA "'STA
flHAL ASSESSlJENT
DlSffilCT BOUNDARY
NOT A PART Of rnsrnJCT
COUNTY RECOflDffi, COUNTY Of SAN DIEGO
N.A.P.
F1lfD It/ TIlE (fflcE Of lllE CITY ClERK Of THE alY
Of mULA I,1STA TIlIS_DAV OF , 2006.
REFERD1c( IS HEREBY !.CADE TO 'THE COUtHy OF SAN orEGO,
STATE Of CMJfORNJA ASSESSOR PARC8. MAPS fOR DETAILED
D1l.lENSH>/'lS of Jlml\1DUAL PAllcas.
Of'( a.ERK. mY of OlULA 'vlSTA
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0lY Of
CHUlA VISfA
SHEET 1 OF I
725-10 AD10-0
W.O. ~W. SlL35C
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION AND DECLARING
ITS INTENTION TO INITIATE PROCEEDINGS TO
CONSIDER Tl-IE FORJvlA TION OF AN ASSESSMENT
DISTRICT FOR NAPLES STREET BETWEEN THIRD
AVENUE AND ALPINE 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
\VHEREAS, residential properties along Naples Street between Third A venue and Alpine
A venue are currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 13 of the 18 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 Naples Street between
Third Avenue and Alpine Avenue; 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chub Vista
as follows:
1. That it accepts a petition requesting the initiation of proceedings to consider
the forrnation 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 forrnation
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 XIlI D S 4 and the
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Municipal Improvement Act of 1913, California Streets and Highways Code
section 10000 et seq.
Presented by
Richard A. Hopkins
Director of Public Works
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