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HomeMy WebLinkAbout2011/10/25 Item 08lTY COUNCfL STATEMENT ,.~. c~IY of CHULAV(STA 10/25/11, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR OXFORD STREET ASSESSMENT DISTRICT 2009-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST AT FNE PERCENT (5%) PER YEAR, WITH A MAXIMUM FINANCING PERIOD OF TEN YEARS; AND APPLYING SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL DEFERRALS FOR OXFORD STREET ASSESSMENT DISTRICT 2009-O1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2009-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTNE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND N THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY~I-IE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO /~ SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIlZECTOR OF EN ~ REVIEWED BY: CITY MANAGER ~^ S~ ASSISTANT CITY MANAGER S~ 4/STHS VOTE: YES ^ NO SUMMARY On January O5, 2010, City Council adopted Resolution No. 2010-004, certifying the results of the public hearing and Assessment District ballot tabulation, and ordered the installation of improvements pursuant to the Improvement Act o£ 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"). On April 13, 2010, City Council adopted Resolution No. 201.0-073 awarding a contract in the amount of $1,141,264 for the constriction of the "Oxford Street Improvements Between Third Avenue and Alpine Avenue in the City of Chula Vista, California (STL305)" Project to PAL General Engineering, Inc. The work is now complete and a resolution is now required to accept filing of the Engineer's Report on the cost of construction, to 8-1 10/25/11, Item Page 2 of 5 approve the deferral of assessments, to establish the rate of interest and financing period applied to said deferrals, and to authorize the collection of assessments on the County tax roll. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed administrative/fiscal activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposal forms part of a whole action involving completed improvements to an existing street facility with negligible or no expansion of an existing use. Thus, no further CEQA environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On May 12, 2009, Council adopted Resolutions 2009-108 accepting a petition signed by the property owners along Oxford Street between Third Avenue and Alpine Avenue for the formation of an assessment district pursuant to the Bloclc Act to finance the construction of missing sidewalk improvements (Attachment 1). On November 17, 2009, Council adopted Resolution 2009-272 approving the Preliminary Engineer's Report for proposed Assessment District No. 2009-01, setting the time and place for a public hearing, and ordering the initiation of Assessment District, ballot proceedings (Attachment 2). Cost Information The cost information contained in Table 1, under Preliminary Assessment, was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment District ballots as the amount of the proposed maximum assessment to be levied against each respective parcel. The total project cost, which includes construction and staff costs, was estimated to be $2,256,788, of which the property owners' share was estimated to be $156,855.00 to cover the costs of constricting concrete driveways and any private improvement relocations. These ballots were subsequently mailed to the property owners on November 18, 2009. On January O5, 2010, Council held the public hearing on the Oxford Street sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. More than 50% of the property owners voted in favor of the proposed assessments and City Council adopted Resolution No. 2010-004 (Attachment 3), which certified the results of the public hearing and Assessment District ballot tabulations and ordered the installation of improvements in accordance with Article XIIID of the California Constitution. In accordance with Section 20852 of the Public Contract Code, the City advertised and obtained sealed bids as part of a formal bidding process and awarded the contract to the lowest responsive bidder. The City received the following bids from twelve (12) contractors for the constriction phase: 8-2 10/25/11, Item ~ Page 3 of 5 CONTRACTOR B[D AMOUNT 1. Pal General Engineering, Inc. -San Diego, CA $1,141,264.00 2. New Century Construction, Inc. -Lakeside, CA $1,231,300.00 3. MJC Construction, Inc. -Bonita, CA $1,243,200.00 4. Hazard Constnlction, Inc. -San Diego, CA $1,262,325.00 5. Southland Paving -Escondido, CA $1,289,000.00 6. Koch-Armstrong -Lakeside, CA $1,302,295.00 7. 3-D Enterprise -San Diego, CA $1,344,425.00 8. LB Civil Constnlction -San Diego, CA $1,350,975.00 9. HTA Engineering & Construction- Poway, CA $1,371,930.00 10. Palm Engineering -San Diego, CA $1,396,100.00 1 1. Scheidel Construction - La Mesa, CA $1,398,714.00 12. Wier Constnlction -Escondido, CA $1,753,948.35 The low bid by PAL General Engineering, Inc., of $1,141,264.00, was $258,736 (19%) below the Engineer's estimate of $1,400,000. The Engineer's estimate was based on average prices for similar types of work completed during the previous three years. Staff reviewed the low bid and recommended awarding a contract in the amount of $1,141,264.00 on April 13, 2010, Resolution 2010-073. PAL General Engineering, Inc. has completed the construction of improvements. Of the total constriction costs, only the costs for concrete driveways and private improvement relocations were assessed to the property owners. The final constriction costs to be assessed to the property owners totals $87,750. Finat Cost Staff has completed the accounting of the expenditures and apportionment to property owners, as shown in the Final Engineer's Report (Attachment 4). This document amends the Preliminary Engineer's Report dated November 17, 2009 and adopted by Council on November 17, 2009. Since the amounts now allocated to the property owners based on actual constriction costs are equal to or lower than the amounts originally included on the homeowners' ballots, an additional assessment ballot proceeding will not be required. The following amounts will be assessed to each property. Preliminary cost estimates were based on estimated driveway quantities and estimated costs for the relocation of private improvements. Final assessments are based on actual quantities and the actual costs for the relocation of private improvements. Driveway quantities may have increased or decreased from the preliminary estimates, due to necessary field adjustments made during constntction. Assessor's Parcel Preliminary Property Address Number Assessment from Final Assessment Preliminary En ineer's Re ort 278-280 Oxford St 619-171-11-00 $2735.00 $1,705 271 Oxford St & 1198 Del Mar Ave ~ 619-171-12-00 $1,805.00 $1,240 298 Oxford &1199 3rd Ave 619-171-26-00 i $10,750.00 $5,160 264 Oxford St & ~ 619-172-10-00 ~~ $2,735.00 ~ $1,625 1199 Del Mar Ave ~ , ^-~ V J 10/25/11, Item Page 4 of 5 Property Address Assessor's Parcel Number Preliminary Assessment from Preliminary En ineer's Re ort Final Assessment 252 Oxford St ~ 619-172-11-00 $2,005.00 $1,545 246 Oxford St 619-172-12-00 $1,805.00 $1,315 240 Oxford St 619-172-13-00 $1,805.00 $1,240 234 Oxford St & 1198 Twin Oalcs Ave 619-172-14-00 $7,910.00 $1,625 230 Oxford St & 1199-1195 Twin Oalcs Ave 619-181-10-00 $1,805.00 $1,625 222 Oxford St 619-181-11-00 $5,250.00 $3,250 216 Oxford St ~ 619-181-12-00 $3,045.00 $1,770 212 Oxford St 619-181-13-00 $3,045.00 $1,770 180 Oxford St 619-182-12-00 $3,045.00 $1,860 1192E1mAve 619-182-13-00 $2,270.00 $1,470 184 Oxford St 619-182-24-00 $1,805.00 $1,315 170 Oxford St 619-191-12-00 $6,070.00 $3,300 267 Oxford St 619-221-04-00 $2,305.00 $1,490 261-263 Oxford St 619-221-OS-00 ~ $3,545.00 $2,745 251 Oxford St 619-221-06-00 $5,755.00 $3,515 245 Oxford St 619-221-09-00 $2,805.00 $1,240 239 Oxford St 619-221-10-00 $2,355.00 $1,575 231-233 Oxford St 619-221-11-00 $7,050.00 $3,705 229 Oxford St 619-221-12-00 $3,945.00 $3,945 221-225 Oxford St 619-221-13-00 $2,115.00 $1,395 217 Oxford St 619-221-14-00 $1,805.00 $1,240 207 Oxford St 619-221-15-00 $6,390.00 $6,390 205 Oxford St & 1202 2nd Ave ' 619-221-16-00 $5,015.00 $3,460 243 Oxford St 619-221-43-00 $2,005.00 $1,540 247-249 Oxford St 619-221-51-00 $2,735.00 ~ $2,735 195 Oxford St 619-231-O1-00 I $6,470.00 $1,770 187 Oxford St 619-231-OS-00 !, $3,115.00 $1,625 179 Oxford St ; 619-231-06-00 $4,045.00 $1,770 167 Oxford St ~ 619-231-07-00 $9,860.00 $4,105 157-159 Oxford St 619-231-36-00 $11,645.00 $3,485 143 Oxford St 619-232-01-00 $1,805.00 , $1,240 135-141 Oxford St 619-232-02-00 $2,115.00 $1,395 129 Oxford St 619-232-04-00 i $6,515.00 $1,960 127 Oxford St ~, 619-232-OS-00 $5,575.00 i $3,610 8-4 10/25/11, Item ~ Page 5 of 5 Following confirmation of the final assessments, property owners will have the option ofpaying any portion of their assessment during a 30-daypayoffperiod following the completion of improvements and confirmation of assessments. For assessments not fully paid during that time, Section 5895 of the. Streets and Highways Code permits the City to collect the unpaid balance over a maximum period of ten years, together with interest on the unpaid principal at a maximum rate of seven percent per year (7%). Based on the current interest rates, the City will charge five percent interest (5 %) for a maximum period of ten years. Property owners will have the option to pay the balance of their assessments at any time during a 30-day repayment period without penalty. The remaining balance will be paid through the property tax rolls beginning in fiscal year 2012/2013. The assessment payments shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. 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 is no fiscal impact to the City for filing the Final Engineer's Report and approving the final assessments to property owners for Oxford Street Assessment District 2009-01. A total of $1,700,000 was appropriated and expended from Section 108 Loan of Community Development Block Grant (CDBG) fund for planning, design work, and constriction of missing sidewalk improvements and pavement reconstruction along Oxford Street between Third Avenue and Alpine Avenue. A total of $87,750 will be repaid by property owners for concrete driveway aprons and private improvement relocation and will reimburse the Section 108 Loan of CDBG fiord. ONGOING FISCAL IMPACT Upon completion of the proj ect 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 1. Resolution 2009-108 2. Resolution 2009-272 3. Resolution 2010-004 4. Oxford Street AD 2009-01 Final Engineer's Report Prepared by: Boushra Salenz, Senior Civil Engineer, Public Works Department -Engineering .I:AEngineer\AGENDA\CAS201 IUO-25-I I\Oxford AD Final Erg Rpt CAS-FINAL2.doc 8-5 t tI RESOLUTION N0.2009-108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION AND DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER THE FORMATION OF AN ASSESSMENT DISTRICT FOR OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGII~TEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS; residential properties along Oxford Street between Third Avenue and Alpine Avenue are curzently without curbs; gutters and sidewalks; and WI-IEREAS, the City has received a petition signed by 25 of the 40 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 Vv'I-IEREAS, the boundary of the proposed assessment district is Oxford 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 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, a tter, 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 ~n~ithin the proposed assessment district boundaries. 3. That it refers the proposed construction of curb, gurier, 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 XIII D § 4 and the Municipal Improvement Act of 19]3, California Streets and Highways Code section 10{}00 et seq. 8-6 Resolution No. 2009-108 Page 2 Presented by Richard . H Director of Pub is Works Approved as to form by art C. Mie eld City Atto ey PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of May 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and CoY NAYS: Councilmembers: None ABSENT: Councilmembers: None f Cheryl Cox ayor ATTEST: 0 Donna R. Norris, CMC, Ciry Clerk ST.gTE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHIJLA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-108 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of May 2009. Executed this 12th day of May 2009. 0 onna R. Norris, CMC, City Clerk 8-7 V 4~@ ~:~ Q~ ~ ~ U V~ S~ ~ 4 RESOLUTION N0.2409-272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR OXFORD STREET ASSESSMENT DISTRICT NO. 2009-4I, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEEDII`TGS WHEREAS, residential properties along Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 25 of the 40 property o«~ters of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district io finance the construction of these improvements; and WHEREAS, on May I2, 2009, pursuant to Resolution No. 2009-108, 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 Oxford 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 Oxford Street Assessment District No. 2009-O1. 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 Oxford Street Assessment District No. 2409-4I . BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineer`s Report. 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 Jaszuary 5, 20I0 at 4:00 p.rn. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of 191.1 (the "Block Act''} and Article XIIID of the Constitution of the State of California (Article XllID). 8-8 Resolution No. 2Q09-272 Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby order the initiation of ballot proceedings in accordance with said Article X1IID. Presented by Richar A. H ns Director of ngineering Approved as to form by B . Miesf d C' Alto PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista; California, this 17th day of November 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Cougeilmembers: .None ABSENT: Councilmembers: None Cheryl Cox, a}'o ATTEST: Donna R. Norris, CMC, ity Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2049-272 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of November 2009. Executed this 17th day of November 2009. O DOrtIla R. Norris, C C, City Clerk 8-9 5~ ! ~ RESOLUTION No.2010-004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOP. PROPOSED ASST~SSMENT DISTRICT N0. 2009-01 (OXFORD 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 Oxford Street between Third Avenue and Alpine Avenue are currently without curbs, gutters and sidewalks; and Wl-IEREAS, the City has received a petition signed by 25 of the 40 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 November I7, 2009, the City Council adopted Resolution No. 2009-272 approving the Engineer's Report for the proposed Assessment District AD 2009-O1 along Oxford Street, set the time and place for a public hearing and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE: BE IT RESOLVED that the City Council of the City of Chula Vista finds as follows: 1. That the Public Hearing for the formation of the Assessment District 2009-01 was properly noticed. 2. That Assessment Ballots; including the Notice of Public Hearing, was provided to all owners within the approved Assessment District Boundary• on November 18, 2009. 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. Thai at following the conclusion of the Public Hearing, the ballots were counted by an impartial individual. 8-10 Resolution No. 20] 0-004 Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: 1. 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, mazked as Exhibit "A" and by this reference, incorporated herein. 2. That the Council approves the new assessments and apportiorunent according to the reports submitted. 3. That the Council orders the formation and establishment of Assessment District AD 2009-O1 along Oxford 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. l~opki T ___.. Director of Public arks Approved as to form by B . Miesfeld City Attorney 8-11 Resolution No.2010-004 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California; this nth day of January 2010 by the following vote: AYES: Councilmembers: Bensoussan; Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, yar ATTEST: ~ ~~~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) . COUNTY O); 5AN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2010-004 was duly passed; approved, and adopted by the Ciry Council at a regular meeting of the Chula Vista City Council held on the 5th day of 7anuary 2010. Executed this 5th day of January 2010 v'~ Danna R. Norris; CMC, Ciry Clerk 8-12 Resolution No. 20l 0-004 Page 4 EXHIBIT "A" CERTIFICATE OF ELECTIO3~ OFF[CLAI.. AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA } COU7~'TY OF SA_~I DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUTTTY OF SAN DIEGO, STATE OF CALIFORNl~, DOES HEREBY CERTIFY, that at the conclusion of the public hearing upon the proposed assessment in accordance with the provisions of subdivision (d) of Section 53753 of the Government Code, I, an impartial individual, did tabulate the ballots submitted and not withdrawn, in accordance with the provisions of subdi~rision (e} of Section 53753 of the Government Code at the hearing on CITY OF CHIJLA VISTA OXFORD STREET ASSESSMENT DISTRICT NO. 2009-01 in said City, held January 5~', 2010. I FURTHER CERTIFY that this Statement of Votes Cast shows the «rhole number of votes cast for the formation and establishment of said district and the imposition of assessments on the properties therein and the totals therefore as shown below are full, true, and correct. VOTES CAST YES 1 ~ NO 9 WITIvrES5 of m}~ hand and Official Seal this 5~ day of January 2010 Donna R. Norris. CMC CITZ` CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 8-13 ATTACHMENT "4" PRELIMINARY ENGINEER'S REPORT OXFORD STREET SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2009-01 ------ Q~pFESS~~N rti ~ N ~`. ~~ ~ r m1 ''~. aWC o '~~7 z ; ~~ ~ AEo.61245 ~ ~'i ,F O~ CAL~~Q' ~~ October 25, 2011 Fina! Engi~7eer's Report Pale 1 of 7 For Orford St SID ?009-01 8-14 Back6round Oxford Street between Third Avenue and Alpine Avenue in the Chula Vista is designated as a Class II Collector Street in the City's General Plan 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 deteriorating asphalt streets with little or no other street improvements. V On May 12, 2009, City Council accepted a petition signed from 2S of the 40 property owners along Oxford Street beriveen 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. Subsequently, on January 05, 2010, a Public Hearing was held at the City of Chula Vista Council Chambers and ballot proceedings were conducted. Sixty-one percent of the property owners voted in favor of Assessment District formation. On April 13, 2010, the City Council accepted bids and awarded the contract to PAL General Engineering, Inc.; for the construction of street improvements on Oxford Street between Third Avenue and Alpine Avenue. 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 California Streets and Highways Code and as amended by City ordinances. The Assessment balloting process shall be conducted in accordance t~~ith Article XIIID of the California Constitution (Proposition 2.18) 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 are located within the public right-of--way and in conflict with the new public improvements). Overall Design and Cost Estimate T11e project area and general location of improvements are shown on Exhibit A, the Final Boundary Map for Assessment District 2009-O1, Oxford Street Assessment District. The cost information contained in the table below was obtained from the Preliminar}~ Engineer's Report and was included on the property owners' Assessment District ballots as the amount of the proposed assessment to be levied against each respective parcel, which will benefit from these improvements and would be a part of the district: Fi~1a( Engineer's Report Page 2 of 7 Fw• Orford St AD 2009-01 8-15 TABLE 1 Address Assessor's Parce! Number Private Improvement Modifications Preliminary Assessment 278-280 Oxford St ~ 619-171-11-00 I NONE $2,735 271 Oxford St & 1198 Dei Mar Ave 619-171-12-00 i i NONE I $1,805 298 Oxford ~ 1199 3rd Ave 619-171-26-00 j I Remove exiani~eg awning & $10 750 264 Oxford St & 1199 Dei Mar Ave g19-172-10-00 NONE $2,735 252 Oxford St 619-172-11-00 ~ NONE $2,005 246 Oxford St k 619-172-12-00 ~ NONE $1,805 240 Oxford St 619-172-13-00 i NONE $1,805 234 Oxford St & 1198 Twin Oaks Ave 619-172-14-00 ~ { Remove ~ Replace existing chain fink fence $7 910 230 Oxford St & 1199- 1195 Twin Oaks Ave 619-181-10-00 ~ f NONE $1,805 222 Oxford St 619-181-11-00 i NONE $5,250 216 Oxford St 619-181-12-00 ~ NONE I $3,045 212 Oxford St ~ 619-181-13-00 ~ NONE $3,045 180 Oxford St 619-182-12-00 I NONE $3,045 1192 Elm Ave i 619-182-13-00 NONE $2,270 184 Oxford St 619-182-24-00 NONE I $1,805 170 Oxford St ~ 619-191-12-00 ~ NONE ~ $6,070 267 Oxford St 619-221-04-QO , NONE ( $2,305 261-263 Oxford St 619-221-05-00 NONE $3,545 251 Oxford St 619-221-06-00 NONE ( $5,755 245 Oxford St 619-221-09-00 NONE ~ $2,805 239 Oxford St 619-221-10-00 NONE i i $2,355 231-233 Oxford St 619-221-11-00 ~ NONE i $7,050 229 Oxford St ~ 619-221-12-00 NONE I $3,945 221-225 Oxford St ~ 619-221-13-00 NONE $2,115 217 Oxford St ~ 619-221-14-00 ~ NONE $1,805 207 Oxford St ~ 619-221-15-00 ~ NONE $6,390 Frnal L•~rgrneer•'s Report Page 3 of 7 For Oiford St ~iD 3009-DI 8-~~ Address Assessor's Parcel Private Improvement Preliminary Number Modifications Assessment 205 Oxford St & 619-221-16-00 Remove &Repiace existing $5 015 1202 2nd Ave wood icket fence , 243 Oxford St 619-221-43-DO ( NONE $2,005 247-249 Oxford St 619-221-51-OD NONE $2,735 Remove &Repiace existing 195 Oxford St & 619-231-01-DO wood picket, and remove $6,470 i alm tree 187 Oxford St ~ 619-231-05-00 Remove existing dense trees $3,115 179 Oxford St 619-231-D6-00 Remove existing dense trees $4,045 167 Oxford St 619-231-07-00 Remove & Replace existing $g 860 wood icket fence 157-159 Oxford St 619-231-36-OD Remove i~ Replace existing $11 645 _ chain link fence , 143 Oxford St 619-232-01-00 NONE I $1,805 135-141 Oxford S# ~ 619-232-02-QO NONE $2,115 129 Oxford St 619-232-04-00 Remove & Replace existing $6 515 chain link fence , 127 Oxford St 619-232-05-00 i NONE $5,575 ~'he improvements include reconstruction of the asphalt concrete street, construction of monolithic curb; gutter and sidewalk, miscellaneous associated drainage facilities, and stormwater treatment facilities. The sidewalk will be five feet wide and will match the existing sidewalk at the west and east boundaries of the Oxford Street Assessment District. Where driveways are located, a driveway apron ~~~ill be constructed to provide a transition between the street, the sidewalk, and.the driveways. In addition to the street, driveways and sidewalk improvements, the City had coordinated with the utility companies to relocate some of their underground and overhead utilities, to male room for the new improvements. Several properties had trees, fences or walls, which needed to be removed; relocated or reconstructed to construct the proposed street improvements. This work was conducted in conjunction with the street improvement project. Total construction cost for the project was 51,297,654.47 and the amount allocated to the property owners was $87,750. Several properties have trees, fences; gates, or walls; which will need to be removed, relocated or reconstructed to construct the proposed street improvements. Method of Apportionment The City of Chula Vista has offered the Castle Park area property owners an incentive to forn~ Assessment Districts for the installation of street improvements. The City would Final Etrgineer's Report Page 4 of 7 For Osrord S1 AD ?009-01 $-~7 _... _ _ _ 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 private improvements within the City right-of--way. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and an 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 in TAF3LE 2 below. For each property, the square 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 that required private improvement relocation, was done by property owners prior to begin of construction. Costs associated with the relocations were included with the preliminary assessment. TABLE 2 Preliminary Address Assessor's Assessment from Finai Assessment Parcel Number Preliminary En ineer's Re ort 278-280 Oxford St 619-171-11-00 $2,735 $1,705 2-11 Oxford St & 1198 Dei Mar Ave 619-171-12-00 $1,805 $1,240 298 Oxford & 1199 3rd Ave I 619-171-26-00 $10,750 $5,160 264 Oxford St & 1199 Del Mar Ave ~ 619-172-10-00 $2,735 ~ $1,625 252 Oxford St 619-172-11-00 ~ $2,005 ~ $1,545 246 Oxford St 619-172-12-00 $1,805 ~ $1,315 240 Oxford St 619-172-13-00 $1,805 $1,240 234 Oxford St & 1198 Twin Oaks 619-172-14-00 $7,910 I $1,625 Ave 230 Oxford St ~ 1199-1195 Twin 619-181-10-00 $1,805 $1,625 Oaks Ave 222 Oxford St I 619-181-11-00 $5,250 $3,250 216 Oxford St ~ 619-181-12-00 $3,045 $1,77D 212 Oxford St 619-181-13-00 $3,D45 $1,770 180 Oxford St 619-182-12-00 ~ $3,045 $1,860 1192 Elm Ave 619-182-13-00 i $2,270 $1,470 Fi~tal E~~,;nreer's Report Page 5 of 7 For Orford S~ aD ?009-01 8-18 Address Assessor's Parcel Number Preliminary Assessment from Preliminary En ineer's Re ort Final Assessment 184 Oxford St 619-182-24-00 $1,805 $1,315 170 Oxford St 619-191-12-00 I $6,070 $3,300 267 Oxford St 619-221-04-00 $2,305 $1,49D 261-263 Oxford St 619-221-D5-00 $3,545 $2,745 251 Oxford St 619-221-D6-00 $5,755 $3,515 245 Oxford St I 619-221-09-00 $2,805 $1,24D 239 Oxford St 619-221-10-00 $2,355 $1,575 231-233 Oxford St 619-221-11-DO $7,050 $3,7D5 229 Oxford St 619-221-12-00 $3,945 $3,945 221-225 Oxford St 619-221-13-00 $2,115 ~ $1,395 217 Oxford 5t 619-221-14-00 $1,805 ~ $1,240 207 Oxford St 619-221-15-00 $6,390 I $6,390 205 Oxford St & 1202 2nd Ave 619-221-16-00 $5,D15 $3,460 243 Oxford St ~ 619-221-43-00 ~ $2,005 ~ $1,540 247-249 Oxford St 619-221-51-00 $2,735 ~ $2,735 __ 195 Oxford St ~ 619-231-D1-00 $3,045 ~ $1,770 187 Oxford St 619-231-05-00 $3,115 ~ $1,625 179 Oxford St 619-231-06-00 $4,045 ~ $1,770 1 167 Oxford St 619-231-07-00 $9,860 $4,105 157-159 Oxford St 619-231-36-00 $11,645 $3,485 143 Oxford St 619-232-01-00 $1,805 ~ $1,240 135-141 Oxford St ~ 619-232-02-00 $2,115 ~ $1,395 129 Oxford St ~ 619-232-04-00 $6,515 ~ $1,960 127 Oxford St 619-232-05-00 $5,575 $3,610 Total of Preliminary Assessments = X87,750 to be paid by property owners Fir7a1 F.ngrneer's Reporl Page 6 of 7 For Dafa•d Sr AD 3009-01 8-19 The Preliminary Assessment amounts were included on the ballots submitted to the property o~mers and tallied in accordance with Article XIIID of the California Constitution. Since the P'inal Assessment amounts are all equal to or lower than the Preliminary Assessment amounts, no additional ballot process is necessary. Q:~ngineerin_IAlt Projects\STL1STl.30~ Oxford St (AD04-01)IAssess~ncntiEn_ RptlFinal Engineer's Rpt 10-20f ].doc Fiiral E1~giaeer's Report Pace 7 of 7 For Oifa•d St .SID ?009-01 8-20 G~ OI F co ~~- V v _ _._. _._-~ o +n 1 0 rn~ ~,~ ~ ~ ~~ .__. ~ ~ rt V ` ~ ~~ a d Z rl ~~ . - 3Nfd7Y ~ ~ 03 ~r V 4 d z a~ ~ ~ ~ ~ ~~ ~~ $~ ~ ~ U ~ ~ ~+ Z O <~ Q Z y~ ??~ IFn- ~ ~`" ~ O - - ~b rlZ3 I s~~ ~ _~~ z ~~ ~ ~ ~ ~a a o - ® ~ l~~ p~ ~~O - i _ Q ~~ ~ w tAq ~ W {V~ v~ UQ~ N to Q z ~ I ~ ~ ~ ~ r a t ~~ ~ a ~ ii ~ W ~ ~ ~.lJ 3f1X3AY OMT~35 ~~ Q'~ 7 ~-- W O ~ ~ Y (f~~ ~ ~ aQ ~ a Q {.L. y- ~ 0ti ~ - ~ ~ < ~ ~ ~ Z ~~ ~ s z L,i Z~Q ' _ W°'U l a nr sxw - - ¢ -~ ~ ~ i z ~ V S ~~ - - ¢ W E!)~~ ~ - _ _ Q~v ~ ~~~~tl ~ ~ IIr (-- U _ 3 FIYfl { V ZT4 - - ~ ~^ os bC~ Yt~w~~°N ~ ~ ~ ~~ ~~~~ ~ N.A.P. ~~~~~ 5 W° s ~~~~~~y g~W 0 ~ {~{~~ ~ O y _SS U < ~ W ~ ~ - ~ ~ Q ~ ~ ~~ ~~ ~ ~S \~' J > py~ V { ~ .._ ~ ~ _ U O ~ a ~` 6 ~v sstc YS~~ ~ ~ 8-21 RESOLUTION NO. 2011 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR OXFORD STREET ASSESSMENT DISTRICT 2009-01 WHEREAS, pursuant to Resolution 2009-108, adopted on May 12, 2009, the City Council accepted a petition requesting the formation of an Assessment District for Oxford Street (Third Avenue to Alpine Avenue) for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolution 2009-272, adopted on November 17, 2009, the City Council approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2009-01 (Oxford Street), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, pursuant to Resolution 2010-004, adopted on January O5, 2010, the City Council certified the results of the public hearing and Assessment District ballot tabulation and ordered the installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"); and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awarded a contract in the amount of $1,141,264.00 to the low bidder, PAL General Engineering, Inc., pursuant to Resolution No. 2010-073 on April 13, 2010; and WHEREAS, the construction of the improvements is complete, and the final Engineer's Report for Oxford Street Sidewalk Improvements 1913 Act Assessment District AD 2009-01 dated October 25, 2011 (Final Engineer's Report), which contains all the modifications to the preliminary Engineer's Report to reflect the actual cost of the construction of the improvements, has been prepared and finalized. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts for filing the Final Engineer's Report for Oxford Street Assessment Dist t 2009- 01. _ Presented by Approvefl aid to Richard A. Hopkins Director of Public Works Gle~i R. Googins Ci fi(y Attorney 8-22 RESOLUTION NO. 2011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM FINANCING PERIOD OF TEN YEARS; AND APPLYING SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL DEFERRALS FOR OXFORD STREET ASSESSMENT DISTRICT 2009-01 WHEREAS, pursuant to Resolutions 2009-108, adopted on May 12, 2009, the City Council accepted a petition requesting the formation of an Assessment District for Oxford Street (Third Avenue to Alpine Avenue) for the purpose of financing the construction of sidewalk , improvements; and WHEREAS, on November 17, 2009, Council adopted Resolution 2009-272 and approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2009-01 (Oxford Street) for the proposed Assessment District No. 2009- 01, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on November 18, 2009, ballots and ballot materials were mailed to property owners, and owners were informed that the ballots needed to be received by the City Clerk's office prior to 4:00 p.m. on January O5, 2010; and WHEREAS, on January 5, 2010, a public hearing was held, and the ballots remained sealed; and WHEREAS, there was no public testimony, so the hearing was closed and ballots were tabulated; and WHEREAS, since more than 50% of the property owners voted in favor of the proposed assessment, City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements, and ordered a final assessment Engineer's Report to be prepared pursuant to Resolution 2010-004, adopted on January O5, 2010; and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awarded a contract in the amount of $1,141,264.00 to the low bidder, PAL General Engineering, Inc., pursuant to Resolution No. 2010-073 on April 13, 2010; and 8-23 Resolution No. Page 2 WHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only the costs of the concrete driveways and private improvement relocation are to be assessed to the property owners; and WHEREAS, not all the assessments have been fully paid, and the City can collect the unpaid balance over a maximum period of ten years, together with interest on the unpaid principal at a rate not to exceed seven percent per year (7%}; and WHEREAS, City staff proposes to charge five percent interest (5%) for a period of ten years on the unpaid balances of the assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts the deferral of the assessments; establishes the rate of interest at five percent (5%) per year, with a maximum financing period of ten years; and applies such interest rate and deferral period to all deferrals for Oxford Street Assessment District 2009-0 l . Presented by Richard A. Hopkins Director of Public Works 8-24 RESOLUTION NO. 2011 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2009-O1, AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO WHEREAS, pursuant to Resolutions 2009-108 adopted on May 12, 2009, the City Council accepted a petition requesting the formation of an Assessment District for Oxford Street (Third Avenue to Alpine Avenue) for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolutions 2009-272, adopted on November 17, 2009, the City Council approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2009-O1 (Oxford Street), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, on November 18, 2009, ballots and ballot materials were mailed to property owners, and property owners were informed that the ballots needed to be received by the City Clerk's office prior to 4:00 p.m. on January O5, 2010; and WHEREAS, on January 5, 2010, a public hearing was held, and the ballots remained sealed; and WHEREAS, there was no public testimony, so the hearing was closed and ballots were tabulated; and WHEREAS, pursuant to Resolution 2010-004, adopted on January O5, 2010, the City Council certified the results of the public hearing and Assessment District ballot tabulation and ordered the installation of improvements pursuant to the Improvement Act of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"); and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awarded a contract in the amount of $1,141,264.00 to the low bidder, PAL General Engineering, Inc., pursuant to Resolution No. 2010-073 on April 13, 2010; and WHEREAS, the construction of the improvements is complete; and 8-25 Resolution No. Page 2 WHEREAS, of the total construction costs, only eighty seven thousand seven hundred fifty dollars ($87,750), the costs of the concrete driveways and private improvement relocation, are to be assessed to the property owners; and WHEREAS, the amount to be assessed the property owners has been apportioned in an amount equal to the benefits received by the properties; and WHEREAS, the assessment amounts for each property are identified in Exhibit A, attached hereto; and WHEREAS, each property owner will be granted thirty (30) calendar days from the adoption of this resolution to pay their respective assessment in full; and WHEREAS, for those assessments that have not been paid in full, the City intends to record the unpaid amounts as liens on the respective properties; and WHEREAS, the liens and interest, which shall accrue at the rate of five percent (5%} per year on any unpaid balance, shall be collected over a maximum period often (10) years; and WHEREAS, the collection of assessments shall be at the same time and manner as other City property taxes and assessments are collected by the County Recorder of the County of San Diego. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the amounts of the final assessments for properties within Assessment District 2009-O1, authorizes the placement of liens in the amount of the assessments on the respective properties, and authorizes the collection of the assessments at the same time and in the same manner as other city property. taxes and assessments are collected by the County Recorder of the County of San Diego. Presented by Richard A. Hopkins Director of Public Works 8-26 Resolution No. Page 3 Exhibit A Address Assessor's Parcel Number Final Assessment 278-280 Oxford St 619-171-11-00 $1,705 271 Oxford St & 1198 Del Mar Ave 619-171-12-00 $1,240 298 Oxford & 1199 3rd Ave 619-171-26-00 $5,160 264 Oxford St & 1199 Del Mar Ave 619-172-10-00 $1,625 252 Oxford St 619-172-11-00 $1,545 246 Oxford St 619-172-12-00 $1,315 240 Oxford St 619-172-13-00 $1,240 234 Oxford St & 1198 Twin Oaks Ave 619-172-14-00 $1,625 230 Oxford St & 1199-1195 Twin Oaks Ave 619-181-10-00 $1,625 222 Oxford St 619-181-11-00 $3,250 216 Oxford St 619-181-12-00 $1,770 212 Oxford St 619-181-13-00 $1,770 180 Oxford St 619-182-12-00 $1,860 1192 Elm Ave 619-182-13-00 $1,470 184 Oxford St 619-182-24-00 $1,315 170 Oxford St 619-191-12-00 $3,300 267 Oxford St 619-221-04-00 $1,490 261-263 Oxford St 619-221-OS-00 $2,745 251 Oxford St 619-221-06-00 $3,515 245 Oxford St 619-221-09-00 $1,240 239 Oxford St 619-221-10-00 $1,575 231-233 Oxford St 619-221-11-00 $3,705 229 Oxford St 619-221-12-00 $3,945 221-225 Oxford St 619-221-13-00 $1,395 217 Oxford St 619-221-14-00 $1,240 207 Oxford St 619-221-15-00 $6,390 8-27 Resolution No. Page 4 Address Assessor's Parcel Number Final Assessment 205 Oxford St & 1202 2nd Ave 619-221-16-00 $3,460 243 Oxford St 619-221-43-00 $1,540 247-249 Oxford St 619-221-51-00 $2,735 195 Oxford St & 619-231-01-00 $1,770 187 Oxford St 619-231-OS-00 $1,625 179 Oxford St 619-231-06-00 $1,770 167 Oxford St 619-231-07-00 $4,105 157-159 Oxford St 619-231-36-00 $3,485 143 Oxford St 619-232-01-00 $1,240 135-141 Oxford St 619-232-02-00 $1,395 129 Oxford St 619-232-04-00 $1,960 127 Oxford St 619-232-OS-00 $3,610 8-28