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HomeMy WebLinkAbout2011/04/05 Item 4TY COUNCIL STATEMENT ~`~~ CITY OF "-"~ CHUTAVISTA 4/5/11, Item '/ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF SUCH ASSESSMENT DISTRICT, AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE ENGINEER'S REPORT AS REQUIRED BY LAW SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIREC OF ENG REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER c7~ 4/STHS VOTE: YES ^ NO SUMMARY A number of residential properties on Elm Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks. Additionally, the street is deteriorating. The City has received a petition signed by 27 of the 36 property owners of this neighborhood, whose property frontages do not have curb, gutter, and sidewalk, requesting that a special assessment district proceeding be commenced for the purpose of financing the construction of these improvements. ENVIRONMENTAL REVIEW The Director of Development Services 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 activity consists of a proposal to create a governmental funding mechanism for which no commitment of funds has been approved for a specific project which may result in a potentially significant physical impact on the environment. 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. 4-1 4/5/11, Item ~" Page 2 of 3 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The street being proposed for the assessment district is Elm Avenue from Naples Street to Oxford Street, which is a Residential Street with 60 feet-wide right-of--way and is located within the Castle Park azea of the City. The Castle Pazk azea 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 in February 2011 from the property owners requesting that the City initiate the formation of an Assessment District for the construction of street improvements along Elm Avenue, from Naples Street to Oxford Street. Twenty-seven of the thirty-six property owners within the proposed District boundaries aze in favor of the district formation. This represents a 75 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 regazding 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 aze located within the public right-of-way and are to be restored or replaced). Imurovements This project consists of the construction of curb, gutter, sidewalk, driveway aprons and street pavement replacement along Elm Avenue between Naples Street and Oxford Street. This Action Council is being asked to accept the petition requesting the formation of an assessment district for Elm Avenue for the purpose of fmancing the construction of the described public street improvements. Additionally, in order to move forwazd, the City Council needs to declaze 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 4-2 4/5/11, Item Page 3 of 3 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. Future Actions Upon 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 consider the formation of the district and the construction of the improvements. Prior to the public hearing, the residents within the proposed district will be balloted to formally confirm that the necessary level of approval has been maintained. This balloting procedure also needs to be ordered by the Council. 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, which is the subject of this action. CURRENT YEAR FISCAL IMPACT There are no fiscal impacts associated with action on this resolution. 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 annual Community Development Block Grant allocation. ONGOING FISCAL IMPACT None. ATTACHMENTS 1. Petition signed by the Elm Avenue Property Owners Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. J: IEngineerlAGENDAICAS20!1104-OS-/IIEIm AD acceptingpetitlon & ROI CAS.doc 4-3 r, ~ " 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 Elm Avenue betvti~een Naples Street and Oxford Street. Mayor and Members of the City Council: We are the owners (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 Attaclunent A hereto. The Owners respectfully petition the City Council of the City (the "City Council") to initiate proceedings pursuant to the Municipal Improvemet:t Act of 1913 (Street and Higlnvays Corte 10000 mtrl following) to consider the formation of an assessment district for the purpose of financing the costs of construction of driveway aprons and costs associated with the relocation of private improvements located in the public right-of--way along Elm Avenue between Naples Street and Oxford Street (the "Improvements"). The Improvements and the properties proposed to be included within the boundaries of assessment district aze also shown on Exhibit A. We understand that if art assessment district is formed as we have petitioned the following costs will be assessed against those properties that will receive special benefit from the Improvements: The costs to conshltct the Improvements; and Financing costs related to payment of the above costs over time. 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 Ue held by the City Council. At such public hearing any interested person may present written or oral testimony and the City Council will 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 Uallots 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 Elm .are .-ID ?010-0? (Naples Sr to O.cforrl SO 4-4 assessment ballots submitted in favor of the levy of the proposed assessments exceed the assessment Uallots submitted in opposition to such levy. In tabulating the assessment ballots, the assessment ballot for each parcel is weighted by the amount of the assessment proposed to be levied on such parcel. hz submitting this petition we aze 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 a, ee with 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 (Block Captain) Name: (JiG~ati' Address: Phone;/ tv f P Site Street Address Signature of Property Date Signed "For" a- "Aeainst roner Name o " Owners (Assessor's Parcel Nol Ovvner s District Formation (Printed or tvpedl c~oY` QY'e~ l o`ha - I?~2~0 Fc~~' ~ (g~^~ --- __ /~ / I / ~CA Lt G1 _--- Elm Ave AD ?0l0-0? (Naples St to Orford S7) 4-5 "For" or Name of Property Site Street Address Signature of Property Date Si?ned "AQainst Owners (Assessor's Parcel No) ~ Owner s "District jPrintetl or riped) , t (1 Formation S~R~.~e G Q~~ ~, ~o~ ~ A- d`M°v-ENS ~~Jt4tl1' ~~/ ~n \/ ~,t- e,~ ~~ ~e,~~~I SCt~P~I y I'~ ,~~f E6n Are AD ?010-03 (Naples Sr to Qcford St) 4-6 ('3(~l~ `~3(~~l 1 31 ~l ~ ~~ 1 ~a~ "For" or Name of Property Site Street Address Sienature of Properri Date Signed "Against Owner sl (Assessor's Parcel No) Ovvner s "District (Printed or tvpedl Formation t^~ 11 ~ -- ~ 77 31-1/ ~~~1Z ~ch~-w ~ A ~. X411 ,c~~ \ ~ ~ -- 7~c~~° _ .~ k u L~s-t-t - - ~1 it- tv~ cSS ~ a i 3 i l i ~, rt-~'~-u /~ ~ ~ Z ~~ D~ SHi~(~i'~~~~~ _ ~--il ~o~ ELi~ Ave AD ?010-03 (Naples Sr to Osjord St) 4-7 "For" or Name of Properri Site Street Address Signature of Property Date Siened `:4sainst Owners (Assessor's Parce! No) Orvner s "District (Printed or typed) Formation •-~G" l~ 1 _ __. ~~ ~~~ bfl ~~, ~ ~, ~~~ i `~_, s~"i-''~ ~-~~(N~ ~~ ~A ~~l ~~. tai GI~~~sc~ r (~ rt f ~' i G~t~ (~ 0.+'ls' ~~r~- ,j ~~ ~_ Ebn Are AD ?0/0-01 (Ntrples St to Orford St) 4-8 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 assessment ballot for each pazcel is weighted by the amount of the assessment proposed to be levied on such pazcel. In submitting this petition we aze 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 with 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: ~v n o n~ Neighborhood ~oordiuator (mock Caatain) :~ ~-< // p ~ ~ll n A `Oz Name: ~c f~V ~Y V j G w ~sr . Address• r~ ~~~ Phone: o ~~r:-~ o~u m_ Site Street Address Signature o ro erty or Date Sinned "A2ainst Name of Property ers O (Assessor's Parcel Nol e s " Dutrict wn inted or twed) (Pr Formation 1 (~ i /h~ ~ /~ l./ J (t< /q Q I .(~ e lz-2 r5 /~ ~~l Elm Ave AD ?010-OZ (Naples St to Oxford Sr) 4-9 REC~I~'E~ assessment ballots submitted in favor o'~"Al~~r~ ~p~~Posed assessments exceed the assessment ballots submitted in opposition to such levy.,In tabulating the assessment ballots, the assessment ballot for each pazcel is wei~fl}~~~ a$e ~`jd(3hQt}f the assessment proposed to be levied on such pazcel. In submitting this petition we aze 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 with 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 Block Captain) Name: ~c.lly v c~ `~~ ~~ y Address: f Phone: eet Address St Sit Sionatur~ofPro erty Date Sinned ` or "A!!ainst Name of Prooertv e r " Owne s (Assessor's Parcel Nol caner s District (Printed or twedl Formatioo ~--a~~s - --- - - ~~~ Elm Ave AD ?010-OZ (Naples St !o Oxford St) 4-10 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 assessment ballot for each pazcel is weighted by the amount of the assessment proposed to be levied on such pazcel. In submitting this petition we aze 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 with 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. etition is respectfully submitted by: Thi d ~ s p m ~~ Neighborhood Coordinator Block Captain) W a-< ,--,_o 1 ~ ~ ~Y ©I/ a ~ N c•~ nO7 ~ =n C. Name: ~J 1 ~r Address: a c o< Phone: ~~~ .. m_ -n w ~ ~~ n~ t Address St Si Sienatur f Pro er Date Sinned or" r gainst Name of Property ree te Owners ~ sensor's Parcel Nol vne s n (Printed or tvuedl ~ mation For ~, ~ s-;rte • ~~ / ,~ ~~ ~G12 Elm Ave AD 2010-02 (Naples St to Oxford St) 4-11 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 assessment ballot for each pazcel is weighted by the amount of the assessment proposed to be levied on such parcel. In submitting this petition we aze not waiving our right: (a) to testify orally or in writing at the public hearing described above, (h) to object to or protest the levy of the assessments if we do not agree with 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 (Block Captain) ~ ~ ,s~ ~~ Name: ~~ v Address: ~~ Phone: `F "or Name of Proaerty Site Street Address iQnatur oFProoerty Date Sieved Qainst Owners (Assessor's Parcel Nol weer s " District ed) t t d P i mation Fo r or un n e ( r Q,M~ ~~~ 21~~~1~ g ~ Y '~~ Elm Ave AD 2010-02 (ltiaples St to Oxford St) 4-12 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 assessment ballot for each pazcel is weighted by the amount of the assessment proposed to be levied on such pazcel. In submitting this petition we aze 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 with 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: Neiehborhood Coordinator Block Captain) Name: CL u /~ ©~ Address: Phone: "Fo "or Name of Progeny Site Street Address iQnature f Property Date Sieved "AQainst Owne s Assessor's Parcel No caner s ,~ y "District (Printed or typed) 'Z! Formation Elm Ave AD ?010-02 (Naples St to Oxford Sr) 4-13 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 assessment ballot for each pazcel is weighted by the amount of the assessment proposed to be levied on such pazcel. In submitting this petition we aze 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 with 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. T1tis petition is respectfully submitted by: Neighborhood Coordinator Block Cantainl Name: Ctl~l/Y ~Y V ~1~' ~f1v Address: Phone: ty f P Site Street Address Bionature of ro et-ty Date Signed For" r eainst roper Name o Owners (Assessor's Parcel Nol Ow r s "District d Formation (Printed or tvoe l - ~ oa/a~~ t Elm Ave AD?010-03 (Naples St to Oxford St) 4-14 EXHIBIT "A" ELM AVENUE ASSESSMENT DISTRICT 2010-02 1913 ACT IMPROVEMENT DISTRICT aTMOF ~~~Q CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA C~1U1A~A I xE7+mY annFr THAT 7HE 7xm1x uAP stwxtxa PROPOSED BWNDAPoES OF 1HE ASSESSYENT DISTPoCT, tltt OF gN1LA 01STA, COUNTY OF SAN DIEGO, STATE OF CALIFIXWIA WAS APPflOVED BY iNE ptt CWNOL OF 7HE qtt AT A REgR.M YEERNO iHINEOF, HELD ON 7NE_DAY OF , 2010 BY RESIXUROX ND. ~~ ptt CTf70f. tltt aF g1UU NSTA FllEO W 7HE OEflQ: OF THE tltt gIIO( OF THE ptt OF g1ULA Y15TA 7X15 DAY OF .2010. LEGEND: I/////li{ AREA OF INPR014)AENTS _ _ _ FlNAL ASSESAAENT gSTHICT BWNDARY N.A.P. Nor A PART aF DISTRICT FllID n115_DAY OF , 2010, IN BOp< AT PAGE OF NM aF ASSESSNENi DISTRICTS IN TILE OFFG6-OF1716 CWNTY RECIXIDER OF THE COUNTY OF SAN DIECO, STATE OF CALIFORNIA. CWN7Y RECORDER, CWNtt OF SAN gECO REFERENCE IS NEft®Y YADE TD iNE CIXINtt OF SAN DIEDD, STALE OF CALIFORIRA ASSESSgt PARCEL YAPS fOR OETNIID pNFN90N5 OF INDI4IDUAL PMgTS. ~I RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF SUCH ASSESSMENT DISTRICT, AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS, residential properties along Elm Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 36 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 Elm Avenue between Naples Street and Oxford Street; 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 Chula Vista as follows: 1. That it accepts a petition requesting the initiation of proceedings to consider the formation 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 formation 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 4-16 Resolution No. Page 2 Article XIII D § 4 and the Municipal Improvement Act of 1913, California Streets and Highways Code section 10000 et see Presented by Richard A. Hopkins Director of Public Works City Attorney 4-17