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HomeMy WebLinkAboutAgenda Statement 1977/06/21 Item 111, l I T U~ I,IlULH V 1 J I H ' ~ ~ COUNCIL AGENDA STATEMENT ~ It€~m No. 11 For meeting of 6/21/77 ITEM TITLE Resolution ~~~~''Accepting Petition for Formation of Improve- ment Act District for Construction of Improvements Along Southerly Side of Otay Lakes Road Between East "H" Street and Bonita Vista Junior High School SUBMITTED BY Director of Public Works/City Engineer ~~ , ITEM EXPLANATION (4/5TH'S VOTE REQUIRED YES NO x ) On December 30, 1976, Mr. Don E. Norman submitted a petition to the City Clerk requesting the formation of an assessment district under the proceed- ings of the Improvement Act of 1911 to construct public improvements con- sisting of pavement, curb, gutter and sidewalk, drainage facilities, street lights, and the undergrounding of utilities along the south side of Otay Lakes Road from East "H" Street to Bonita Vista Junior High School. Signatures of property owners representing 81~ of the property to be in- cluded within the boundaries of the district have signed the petition. This exceeds the minimum 60orequired to waive the provisions of the Debt Limitation and Majority Protest Act of 1931. Four major parcels of land are included within the proposed boundary of the district. These parcels are as follows: 1. Tax Assessor's Parcel 594-130-34, 2.44 acres, owned by E1 Rancho del Rey Corporation. 2. Lots 2, 3, and 4 of Parcel Map 5473, 3.85 acres, owned by Glenn and Bettye Ashwill and Don E. Norman. 3. Tax Assessors Parcel 594-130-39, 8.24 acres, owned by Otay Lakes Road Shopping Center. 4. Parcel 594-130-25, 0.59 acres, owned by Sweetwater Community College District. The owner of the property represented by Lots 2, 3, and 4 of Parcel Map KJG:et AY041 EXNIBITS(continuea on Supplemental Page 2) Agreement Resolution x Ordinance Plat x Notification List Other ENVIRONMENTAL DOCUMENT: Attached Submitted os~ FINANCIAL IMPACT The City will have to advance funds in an estimated amount of $30,000 to cover advanced costs for consulting fees, administer incidental costs and cost of acquiring right of way.- The City will be reimbursed at the time assessments are spread and bonds sold. (Continued on Supplemental Page 3) STAFF RECOMMENDATION 1. City Council accept petition. 2. City Council authorize Director of Public Works to obtain requests for proposals from consulting engineers. BOARD/COMMISSION RECOMMENDATION COUNCIL ACTTON A P P R O V E D by ti12 Cit;~ ~cuncil U ~~ Chu ~_a Vista, California Dated - °~~~ ~ ~ _~.=. 2tem No. 11 Supplemental Page 2 5473 presently has a deferral and lien agreement for the installation of the public improvements on Otay Lakes Road. The owner of these lots has agreed to install the improvements under the proceedings of an improvement act district, at the time application is made for building permits on these lots or within three years, whichever occurs first. This property owner represents 25 1/20 of the area to be included within the proposed district. The property owned by Ashwill and Norman and the Otay Lakes Road Shopping Center have signed the petition. The property owned by El Rancho del Rey Corporation and the Sweetwater Community College District have not signed the the petition. E1 Rancho del Rey Corporation has indicated that they will object to and protest the formation of the improvement act district since their property abutting Otay Lakes Road includes a 250' wide easement to San Diego Gas & Electric Company. This easement utilizes 500 of the parcel's frontage on Otay Lakes Road. For this reason, El Rancho del Rey feels that it is not reasonable for them to install improvements on Otay Lakes Road for frontage and property they cannot develop or use. Under the provisions of the Improvement Act of 1911, the City will have to obtain permission from the Sweetwater Community College District Board to include their property .within the boundary of the district. The main purpose for the formation of this improvement act district is to construct street and sidewalk improvements between East "H" Street and Bonita Vista Junior High School, essentially for the use by students who walk along Otay Lakes Road. There is considerable pedestrian traffic by students who live in the El Rancho del Rey and Southewestern College Estates area. Although the installation of public improvements adjacent to the Norman-Ashwill property is guranteed by the lien agreement approved by the City Council Resolution 8470 on January 3, 1977, and the development of the Otay Lakes Road Shopping Center would require the installation of public improvements, the formation of an improvement act district is essential to complete all improvements between East "H" Street and Bonita Vista Junior HIgh School and to provide for continuity. After acceptance of the petition by the City Council, the next step in the.. formation of the proposed improvement act district is for the City Council to appoint an engineer to prepare the map of the district, the assessment diagram, improvement plans, cost estimate, contract documents, right of way maps and acquisition, appraisal reports, and spread of assessments. Because of current work load in the Engineering Division, City staff does not have the time available to do this work. The Director of Public Works is recom- mending that the work mentioned above be done by a consulting engineer experienced in improvement act procedures. Concurrent with the acceptance of this petition, the Director of Public Works is requesting authorization from the City Council to obtain request for proposals from consulting engineers for preparing plans, specifications, cost estimate and administering the formation of the improvement act district. The necessary right of way for the ultimate improvements adjacent to Lots 2, 3, and 4 of Parcel Map 5473 and the Otay Lakes Road Shopping Center property has been granted and accepted by the City Council. Right of way must still be obtained from property owned by the El Rancho del Rey Corpora- tion and the Sweetwater Community College District. Engineering feels that the district may have to acquire the right of way from the El Rancho del Rey Corporation. Cost of acquiring this right of way is estimated to be in the range of $10,000 to $15,000. At the time assessments are spread, the costs of obtaining this right of way would be assessed back to the property within the district. If the City proceeds with the formation of the district, the City Council will have to appropriate funds to cover the cost of consulting engineering fees, administrative and incidental costs and the cost of acquiring right of way. At the present time, these total costs are estimated to be $30,000. Funds expended by the City would be reimbursed to the City at the time assessments are spread and bonds sold. A transparency is available for Council viewing. KJG:et AY041 Item No. 11 Supplemental gage 3 FINANCIAL IMPACT (cont Estimated Costs: Engineering consulting fees $10,000 Administration & incidental costs 5,000 Right of way acquisition 15,000 Total estimated advanced costs $30,000 .~ IMPROVEMENT DISTF?ICT - PETITION AND WAIVER To the Honorable Mayor and City Council City of Chula Vista, California Ttie undersigned respectfully petition that proceedings be commenced for the construction of the public improvements hereinafter referred to by Assessment District proceedings under the "Improvement Act of 1911" (Sections 5000 through 5721, inclusive, Streets and Highways Code of the State of California. The Public improvments petitioned for by said proceedings are described generally as follows: Otay Lakes Road from East "H" Street to the northerly property line of Bonita Vista Junior High School. All of the foregoing work to be done to the standard specifications and acceptance of the City of Chula Vista. ~ In accordance with Section 2804 of the Streets and Highways Code of the State of California,. the undersigned property owners do hereby sign and file with the City Clerk of the City of Chula Vista, this written petition for the above improvements and do hereby waive investi- gation and all other proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, (Streets and Highways Code, Section 2800 ttrrough 3012, inclu- sive) and do petition said City Council to undertake proceedings solely under the Improvement Act of 1911. We request that the area shown on Exhibit "A" attached hereto, or so much thereof as is deemed benefited and such additional land as is necessary or deemed benefited, be included within the boundaries of the district to be assessed for the foregoing work and improvement. GL DC U ~'Y OWNERS} NAME(S) AND ADDRESS ASSESSORS PARCEL NUMBER(S) DATE OW E (S) SIGNATURE(S) ~Niv & $STTYE A3H~tILL 594 130 30 -- ~ , jF~a~xxxxxxxxxxx ~ ~~ G'~~~~'~../ Y E NOR`~AN 1 0 - ray l.4 kes ~ «,d S~~~p ~,~ ~,.;t~,- ^~ ~rN~sfi n.au~k~s n ~ ~, ~~ ~ --~ r: _ ~~' "-^ ~~_ v i ~. G t ~ e ~ ~O'' c'~ ~`~ 6 ~, ` C ~~ i~~s rn i,= '~ f ~~`~ ~~ ~. PW-E-99 .~ ~ / /~ ~ • . J ~~-~ ®f~roperjies porficipofing `ti p. ~ jY{ ~ ~ Ofher properties inc%/ded . ~~5 . ~ /n disfricf . ~s. / o ~ - ~D, 594 - /30.34 ,5'94 - /30 - 2.44 Ac. ~ /. 7dBAc. ~ Areo - /G ~ Areo - /,Z q ' Fronfoge•ZS% Frontage - 9 ~ • 9~ '~ 9~ 594 - /30 - p ~'~ 0.342 Ac. C Area - .2 ~~ f'ronfogG - 7 . ~~ 594 - /30 - 5.G9 Ac. ~'~~~ 594-/30- ,greo _ ~~ !. 755Ac. . Franfa~~° Area - /2'~ Fro.~fcge L?; -A O . ~ ~ `f: _ ~ ~ ~ -~ . _ `T`- `` 594 -/30 - 2~ N 594 - /30 - 39 0.59 Ac . p 8.24 flc. ~ Areo - :: R T Areo - 55 / Fronfoge /~. ko k Fronfoge -26, ~'a Sc4~E ~ ,:vim k' STREE T .~ • ~AS~ ORAWN QY T I T L E ___~y ____ OrAY LAKES' ~o,~a '9~~ Acr DATE i~~~a V~M~~ T D~~TR~C r Farm No, F-229 12/?3 CERTIFICATE CF CITY/DIRECTOR OF FINANCE Certification of LTnapp~~opriated Balance I HERr^.II`I CEP.TI: Y t::at the money fequired for t'::e appropriation cf funds for the purpose set forth ir: the atta;.Y~e~. resolution is available in the Treasury, or is anticipated tG come into the Treasury, and is otherwise unappropriated. Amount S 30,000.00 r~und General Purpose Otay Lakes Road, Between H and Bonita Vista Jr. High School, Imp. Dist. Eidder N/A Loan of funds until sale , of bonds . ~'~~ `"_~~ ... Director of Fina The City of Chula 'v'ista Date 6!21/77 ~Y __ _.._. Certification of Unencumbered 3alance I HEREBY CEkTIFY that the indebtedness and obli7ation to be incurred by the contract or agreement authorizes by th.r~ attached resolution can ne incurred ~~uithout the violation of Gny cf the provisions of the Charter of tick City cf Chula Vista, or t?-.e Constitution or the luw~, of the State cf Culiforri.a, t~-,a.-_ sufficient monies have been appropriated for the pur:pos~ of :~uic~ contract, that sufficient monies to meat the oblig~3tions of th,.c contract are actually in the Treasury, or are az~tici~:atec~ to cG~r., into the Treasury to the .credit of the a.pprGpriation r':o:a ~Jhi i is tho same are to be drdtiun, and that said raonies ncc•~ actually in tiz Treasury, together ;with the monies articipated to cony i:~tc) the Treasury, i:o the credit of said appropriation a~-e otherw ~.s~. ~anencu.:.bered. Rmount Not to EXCeed $ ~ireGtCi'L' Of _' 1.T:c~.F:r'c i}'iG City Of Chulc Vii is^^:. Date By F~<nd Dept./Activity ?'urpose .bidder ~^ert.fi.owte ?~a. 74