The URL can be used to link to this page

Home My WebLink About2011/05/03 Item 07TY COUNCIL STATEMENT ~~~ CITY OF ----- CHUTAVISTA 5/03/11, Item ~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR NAPLES STREET ASSESSMENT DISTRICT NO. 2010-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING TH INITIATION OF BALLOT PROCEEDINGS SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTO OF ENG REVIEWED BY: CITY MANAG ~ ASSISTANT CITY ANAGER ~ ) 4/STHS VOTE: YES ^ NO SUMMARY On December 14, 2010, by Resolution No. 2010-289, the City Council accepted a signed petition from 13 of the 18 owners of residential properties along Naples Street between Third Avenue and Alpine Avenue requesting that special assessment district proceedings be commenced. Resolution No. 2010-289 also declared the City Council's intention to initiate proceedings to consider the formation of an assessment district and directed the preparation of the required Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report. The proposed resolution would adopt an assessment district boundary snap, approve the Preliminary Engineer's Report, set the time and place for a public hearing to consider the establishment of the Naples Street Assessment District, and order the initiation of ballot proceedings regarding formation of the proposed Naples Street Assessment District. ENVIRONMENTAL REVIEW The Development Services Director 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 proposed activity consists of the creation of a governmental funding mechanism and review of a preliminary engineering report. Further approvals by the City Council will be required before a defined project or projects will be developed for implementation. 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. Although environmental review is not necessary at this time, ~-~ 5/03/11, Item Page 2 of 3 additional environmental review will be required as applicable prior to the approval of any future project specific development. RECOMMENDATION City Council approve the resolution: (1) adopting a map showing the proposed boundaries for Naples Street Assessment District No. 2010-01; (2) approving the Preliminary Engineer's Report; (3) setting the time and place for a public hearing as June 21, 2011 at 4:00 p.m. in City Council Chambers, to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"); and, (4) ordering the initiation of ballot proceedings in accordance with Article XIIID. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION The area proposed for the Naples Street Assessment District consists of Naples 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 asphalt streets with little or no street improvements. There is no existing curb, gutter or sidewalk improvements on these streets. On December 14, 2010, the City Council accepted a petition signed by the owners of 13 of the 18 properties located within the proposed district area. At that time, among other things, the City Council directed the City Engineer to prepare the required Preliminary Engineer's Report for the proposed assessment district. Staff has completed the Preliminary Engineer's Report containing the preliminary design and cost estimates for this proposed project, as well as the proposed Assessment District Boundary Map. Preliminarv Eneineer's Report This project consists of the construction of concrete curb, gutter, sidewalk, driveway aprons and street pavement replacement along Naples Street between Third Avenue and Alpine Avenue. Details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report (Attachment 1). This report includes a copy of the proposed boundary map and the recommended construction cost payable by each included property. The total project costs are estimated to be $995,000, of which the property owner's share is $75,063. The property owner's share is the amount required to cover the cost of constructing concrete driveways and aprons and the removal and/or relocation of private improvements from the public right-of--way that will interfere with the new street improvements. All project costs will initially be paid through aloes-interest United States Department of Housing and Urban Development (HUD) Section 108 loan received specifically to fund full street improvements in the Castle Park area; this loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. All future assessment district payments will be deposited in the City's CDBG fund. 7-2 5/03/] 1, Item Page 3 of 3 Tonight, the City Council is being requested to review, amend if desired or necessary, and approve the Preliminary Engineer's Report. Public Hearing and Balloting City Council is also being requested to set the time and place for a public hearing regarding the formation of the District and the construction of the improvements, and to order the initiation of assessment district balloting proceedings. If the resolution is approved, staff will mail notices of the public hearing, together with assessment ballots, to all property owners within the proposed district at least 45 days in advance of the public hearing, which would be held Tuesday, June 21, 2011 at 4:00 p.m. in the City Council Chambers. At the public hearing, 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 previously approved Resolution No. 2010-289. 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 concrete driveway aprons and the removal and/or relocation of their private improvements from the public right-of--way that will interfere with the new street improvements. The property owners have the option of revising their assessment ballots until the end of the public hearing. These assessment ballots will include the maximum principle amount that each owner would be required to pay. If the majority of property owners approve the levy of these assessments, the City Council may then order the formation of the assessment district and the construction of the improvements. 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 YEAR FISCAL IMPACT The total cost of this project is estimated to be $995,000 of which that the property owner's will repay an estimated share of $75,063 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 and one-year contractor maintenance period, the improvements will require only routine normal maintenance of the street facilities and storm water best management practices. ATTACHMENTS Attachment 1: Preliminary Engineer's Report Prepared by.' Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept. 1 \Engineer\AGENDA\CAS201 I\OS-03-I 1\CAS Naples AD accepting report 5-03-I 1 ievl.doc 7-3 CH _ I ~_ PRELIMINARY ENGINEER' S REPORT NAPLES STREET SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2010-01 Q`ypF ESS /0 tu~F,~P pARq~~~~ t.. Z N Q bJ N a ~ Nom. ~ m ~ 61245 3 ~ sTa_ ~tvt~ ,.~`r May 03, 2011 Preliminary Engineer's Report Pale 1 of 5 Naples St aD 10-01 7-4 Backsround The area being proposed for the Naples Street Assessment District consists of Naples Street between Third Avenue and Alpine Avenue. This Street is designated as a Class II collector street with an 80-foot wide right-of--way and is located within the Castle Pazk area of the City of Chula Vista. The Castle Park 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. 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 this segment of Second Avenue. On December 14, 2010, by Resolution No. 2010-289, the City Council accepted a petition signed from 13 of the 18 owners of residential properties along Naples Street between Third Avenue and Alpine Avenue requesting that special assessment district proceedings be commenced for the purpose of financing the construction of curbs, gutters. sidewalks and street improvements in accordance with the Improvement Act of 1913. Resolution No. 2010-289 also declared the City Council`s intention to initiate proceedings to consider the formation of an assessment district and directed the prepazation of the required Engineer's Report for the proposed Naples Street Assessment District. Pursuant to Council Policy 505-1; Assessment Districts for the construction of infill street improvements are to be formed with the participation of the City using either the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as enacted and amended in the Califomia Streets and Highways Code and as amended by City ordinances. The Assessment balloting process shall be conducted in accordance with Article XIIID of the Califomia Constitution (Proposition 218) or applicable State law. 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 that 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 construction of the driveway apron serving their properties and for any costs associated with the relocation of private improvements (only if private improvements aze located within the public right-of--way and in conflict with the new public improvements). Preliminai~~ Engineer's Repa•( Page 2 of ~ A'aples St AD 10-07 7-5 Overall Design and Cost Estimate The project area and general location of improvements aze shown on Exhibit A, the Proposed Boundary Map for Assessment District 2010-OI, Naples Street Assessment District. The properties, w]ilch wilt benefit from these improvements and would be a part of the district, aze as follows: Assessor's Parcel Number Property Address 619-060-21-00 1096-1098 Del Mar Avenue 619-060-20-00 278-280 Naples Street 619-121-29-OD 287 Naples Street 619-121-25-00 271-273 Naples Street 619-122-34-DO 1101 Del Mar Avenue 619-122-35-00 247 Naples Street 619-122-25-00 245 Naples Street 619-132-01-00 1101 Second Avenue 619-132-02-00 183-187 Naples Street 6t9-132-24-00 177 Naples Street 619-132-25-00 173 Naples Street 619-132-26-00 169 Naples Street 619-141-01-00 .161 Naples Street 619-141-D2-00 157 Naples Street 619-141-03-00 151 Naples Street 619-141-04-00 149 Naples Street 619-141-05-00 141 Naples Street 619-t41-06-00 137 Naples Street The improvements includes reconstruction of the street asphalt concrete. construction of monolithic curb, gutter and sidewalk, miscellaneous associated drainage facilities, and stomiwater treatment facilities. The sidewalk will be five feet wide and will match the existing sidewalk at the north and south boundaries of the Naples Street Assessment District. Where driveways are located, a driveway apron will be constructed to provide a transition between the street, the sidewalk, and the driveways. Few properties have trees, fences, gates, or walls, which will need to be removed, relocated ot• reconstructed to construct the proposed street improvements. Total construction cost for the groject is estimated to be $620,000. This estimate is based on the preliminary design. City staff costs for design, inspection and associated soil testing are estimated to be an additional $375,000 All project costs will initially be paid through aloes-interest United States Department of Housing and Urban Development (HUD) Section 108 loan received specifically to fund full street improvements in the Castle Park area; this loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. Preliminary Engineer's Report Page ~ Of ~ A~aples S~ AD 70-0/ 7-6 Method of Apportionment The City of Chula Vista has offered the Castle Pazk area property owners an incentive to form Assessment Districts for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for driveway aprons and for removal and/or relocation of grivate improvements within the City right-of--way. The property owners' responsibility is estimated to be $75,063 of the total project cost. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and on the removal and/or relocation of private improvements from the public right-of--way that will interfere with the new street improvements. The breakdown of construction costs among the properties within the district is shown below. For each property; the squaze footage of the driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. Several properties will also require private improvement relocation. Costs associated with the relocations are included with the preliminary assessment. Assessor's Parcel Number property Address Private Improvement Modifications Preliminary Assessment 619-060-21-00 i 1096-1098 Del MarAvenue ~ NONE $2,620 619-060-20-QO ( 278-280 Naples Street I NONE ~ $3,695 619-121-29-00 287 Naples Street NONE j $5,595 619-121-25-00 271-273 Naples Street ( NONE I $4,473 619-122-34-00 i 1101 DeIMarAvenue j NONE ~ $2,869 619-122-35-00 247 Naples Street NONE ~ $4,374 619-122-25-00 245 Naples Street ~ NONE I $2,405 619-132-01-DO 1101 Second Avenue NONE ~ $3,944 619-132-02-00 183-187 Naples Street NONE ~ $6,994 619-132-24-00 177 Naples Street ( NONE $6,100 619-132-25-OD ~ 173 Naples Street NONE ~ $2,835 619-132-26-OD 169 Naples Street NONE ~ $2,190 619-141-01-0D 161 Naples Street ~ NONE $4,295 619-141-02-OD ( 157 Naples Street ~ NONE ~ $2,439 619-141-03-OD 151 Naples Street ~ NONE $4,555 619-141-04-00 I 149 Naples Street NONE $5,025 619-141-OS-00 ( 141 Naples Street NONE ~ $6,960 619-141-06-00 ~ 137 Naples Street NONE $3,695 Total of Preliminary Assessments = al~,uos to be paid by property owners PrelituLvmy Engineer's Repw9 Page 4 of ~ A'aples St AD 10-01 ~-7 The cost breakdown in this Engineer's Report will be reviewed afrer the project has been constructed. At that time, all actual quantities will be known, and the cost of the Final Assessments can be determined based upon the bid results of the Contractor to which the City awards the contract for construction of the public improvements. The maximum assessment for each individual property listed in this Engineer's Report cannot be increased without another ballot process. Q:~Eneineerin~~,411 ProjecLSISTL~STI350 Naples st (ADIO-0gVsssestment~En~ineer ReportWaples Prel. Engineer's Rcpt May?Ol I revt.doc Preliminng~ Engineer's Report Page ~ of 5 NaplesSt.4D 10-01 ~-a ~~ c~ `i ASSESSMENT DISTRICT 2010-01 °=--=- 1913 ACT IMPROVEMENT DISTRICT ~~ CITY OF CHULA VI5TA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA CHULA VISTA ~~ I~ ~~ 1 HEREBY CERRFY MAT 1HE N11HIN MAP SHOINNG PflOPOSED BWNOARIEB OF RIE ASSESBNENT OISiRICi, tlTY GF CNUTA NBTA, CWNtt OF BAN DIEGO. BTA1E OF CAllFGTNIA WAS APPROVED BY THE qTY OWNdL Oi 1HE dTY AT A REGUTAft MEERNG THEREOF, NEID ON TNE_DAY OF .2008 BY flESOLURON N0. q1Y CLERK, Gtt OF CHULA NSTA Fll£0 Ri 7NE OFFICE OF THE GTY CLERK OF ME GTY Di CNUTA Y1STA THIS pAY OF 2008. dTY CLERK, Gtt OF CHULA NSTA REFERENCE IB HEREBY MADE TO 1ME COUNTY OF SAN o1EfA, STATE OF CAl1FQRNIA ASBESSOR PARCEL MAPS FOR pETAILm OIMENSIOHS OF INOINWAI PARCELS. ,,AApp o N.A.P. N.AP. N.AP. ~ ~ NNA.P. NNA.Y. m 79 ~ !lV{ER 9G~f - z U ppsasa N.AP. ~ AP. ~'~ N.AP. -I ~ ~ o m NT ~ w x 6 ~~. I~ N.AP. N.AP. ~~ N.AP. N.AP.I N.AP. N.AP.~ N'A~ 'r H.Ap. L'rr+ F1LFD MIB_DAY OF .2008, IN BOq( AT PACE OF MAP OF ASBEBSMENT DISIAICTB IN RTE OFFCE OF THE COUNTY RECOROEfl OF RTE COUNTY OF SAN DIEGO. STALE OF CALIFORNIA. COUNtt RECORDEfl, COUNTY aF BAN DIEGO LEGEND: / / ~ AREA OF IMPR04EIAENIS _ __ _ FlNAL ASSESSMENT DIB7RICT BOJNDMY SHEET 1 OF I N.A.P. NOT A PART aF DISTRICT 0725-10 A~10-Oi RESOLUTION NO.2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR NAPLES STREET ASSESSMENT DISTRICT NO. 2010-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, residential properties along Naples Street between Third Avenue and Alpine Avenue 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, on December 14, 2010, pursuant to Resolution No. 2010-289, the City Council accepted the petition, declared its intention to initiate proceedings to consider the formation of an assessment district, and directed the City Engineer to prepare an Engineer's Report; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, and resurfacing and widening of the existing asphalt pavement along Naples Street between Third Avenue and Alpine Avenue. The property owners would be required to pay for the driveway aprons and the relocation of any private improvements within the City's right-of- way; and WHEREAS, City staff, at the City Engineer's direction, has prepared the Engineer's Report containing the preliminary design, cost estimates, and proposed Naples Street Assessment District No. 2010-01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a map showing the proposed boundaries for Naples Street Assessment District No. 2010-01. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineer's Report for Assessment District AD 2010-01, dated May 3, 2011. 7-10 Resolution No. Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby set the time and place for a public hearing on Tuesday June 21, 2011 at 4:00 p.m. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"). BE IT FURTHER RESOLVED that the City Council of the City of Chu Vista does hereby order the initiation of ballot proceedings in accordance with said Article X I /' Presented by Richard A. Hopkins Director of Public Works as i R. G~o Attorney 7-11