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Home My WebLink About2011/06/21 Item 08TY COUNCIL STATEMENT ~`~~ CITY OF ~ /~~''~• ~~. CIiULA Y IJ IA 6/21/11, Item g ITEM TITLE: PUBLIC HEARING ON INTENTION TO FORM ASSESSMENT DISTRICT 2010-O1(NAPLES STREET) 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. 2010-01 (NAPLES STREET), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENT LATED THERETO i SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENG REVIEWED BY: ASSISTANT CITY NAGER S~ CITY MANAGER 4/STHS VOTE: YES ^ NO SUMMARY On May 03, 2011, the City Council adopted Resolution No. 2011-074 approving the Engineer's Report for the proposed Assessment District AD 2010-01 along Naples Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. 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 proposed activity consists of governmental administrative actions which would not result in direct or indirect physical changes in 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 at this time. Although environmental review is not necessary at this time, additional environmental review and determination will be required as applicable, prior to the approval of any future project specific development. 8-1 6/21/11, Item ¢n Page 2 of 3 RECOMMENDATION 1. Hold the public hearing, receive testimony, and close the public heazing. 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 XIIID"), taking the actions identified in the resolution, including ordering the establishment and formation of the District and the construction of improvements therein. 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 azea. At that time, the City Council directed the City Engineer to prepare the required Preliminary Engineer's Report for the proposed Assessment District. On May 03, 2011 the City Council adopted Resolution No. 2011-074 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2010-01 along Naples Street. Council also set the time and place for this public hearing and ordered the initiation of assessment balloting proceedings. On May 04, 2011 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 forming 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 Intention (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 formation of the Assessment District and the construction of the improvements. If the majority of ballots cast prior to the close of this hearing are in favor of the assessment, Council is asked to make the following findings: 8-2 6/21/11, Item Page 3 of 3 1. That this Public Hearing 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 03, 2011. 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 be 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. 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 according 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. CURRENT YEAR FISCAL IMPACT The total cost of this project is estimated to be $995,000 of which the property owners 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, the improvements will require only routine City street maintenance. ATTACHMENTS 1. Assessment District Boundary Map Prepared by: Boushra Salem, Senior Civil Engineer, Public Works/Engineering Dept J:~Engineer~AGENDAACAS2011V06-21-1 I~1Vaples St AD PH CAS.doc 8-3 ATTACHEMENT "1" ASSESSMENT DISTRICT 2010-01 1913 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA C]iULAVLSTA I ~' I ~ ~ ~' o N.AP. N.AP~ NAP. °~ NAP. NAP. HAP. N.AP. HAP. N.AP, N.AP. N.AP. NAP. X N.A.P. N.1~. ~ 6 _~J~_l~'~~~ d i N41m d/IS- NSMAd d~T _ _ Aa NAP. ® ~ '~ sI ueR ® ~ ~I~ NAP. - - NAP. I III N.AP. NAP. ~ Ii ~ I I N.A.P. I I I ~' I NEfHDY aADFY 1HAT mE W1mIN NAP SN01RN0 PftOPOSID BOUNDARIES OF mE ASSESSMENT a51RICT, att OF aIULA MSG, CWNtt OF SAN DIEGO, STATE OF CAUFaiNIA WAS APPROVED BY mE att Cd1NCIL OF mE att AT A REGULAR NEERN6 mEREOF, NE1D al mE_DAr of , 2008 eY RESOwnoN No. ~ an atRx, an oP aluu HstA FlIfD IN mE OFFiCE a" mE Ott aEwc OF mE att OF aiULA NSTA 1HISDAY OF .2008. tltt CLI71N, att OF CNULA NSTA I III I I I l,7A 1~ ~J//~ AREA OF INPROYENENTS _ _ _ _ FlN/J. ASSESSMENT DISTRICT BOUNDARY N.A.P. NOT A PMT OF DISTRICT m a ~+ ~~ w 7 I NAP. HAP. ~I~ NAP. NAP.I N.AP. NAP. NA~ r NAP. ~I~ FlLID m15_DAY OF 2008, M 8001( AT PAGE Oi NM Of ASSESSMENT OISTPoCTS IN mE DEFILE OF mE CWNtt RECOPDEfl OF mE COUNTY CF SAN aEGO, STATE OF CALIFORNIA REFDIENCE IS NEREeY MADE TO mE COUNtt dF SAN aECO, COUNtt RECaiDEA, CWNtt OF SAN DIEGO STATE OF CALIFORNIA ASSFSSLR PMCEL NM5 FOfl OETAHFD aMEN90N5 aF INDINDUAL PMCflS. RESOLUTION NO. 2011- 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. 2010-01 (NAPLES STREET), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO 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 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 3, 2011, the City Council adopted Resolution No. 2011-074 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2010-01 along Naples Street, 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 2010-01 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 4, 2011. 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. 8-5 Resolution No. 2011- Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: That the Council hereby receives and approves the Certificate of the Election Official 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 assessments 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 2010-01 along Naples Street. 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 8-6