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HomeMy WebLinkAbout2012/07/10 Item 11~~ _ ~~ .u. _~: ,~ ~ ~ 4 .rte ~ ` . .. , ~~ !....o .. .__ y r.~ CITY COUNCIL A D E N Ct A STAT E JV1 E S T ,,,,,,~;~;~, c~nr aF CHULA VISTA 7/10/12, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR NAPLES STREET ASSESSMENT DISTRICT 2010-01 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 NAPLES STREET ASSESSMENT DISTRICT 2010-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2010-01, 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 SUBMITTED BY: DIRECTOR OF PUBLIC WORKS REVIEWED BY: CITY MANAGER ~- ASSISTANT CITY MANAGER S~ 4/STHS VOTE: YES ^ NO SUMMARY On June 21, 2011, City Council adopted Resolution No. 2011-122, certifying 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"). On December 13, 2011, Council adopted Resolution No. 2011-250 awarding a contract in the amount of $502,b90 for the construction of the "Naples Street Sidewalk Improvements between Third Avenue and Alpine Avenue in the City of Chula Vista, California (STL350}" Project to Portillo Concrete, Inc. The work is now complete and a resolution 11-1 7/10/12, Item ~~ Page 2 of 5 is now required to accept filing of the Engineer's Report on the cost of construction, to 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 activity consisting of assessment of costs to property owners related to street improvements for compliance with the California Envirommental Quality Act (CEQA) and has determined that the activity is adequately covered by a Class 1 (c) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the previously approved project (STL-350) consisted of the reconstruction of an existing street involving negligible or no expansion of an existing use. Thus, no further CEQA enviroiunental review is required. Additionally, because the project utilized federal Community Development Block Grant (CDBG) funds, the Development Services Director has also reviewed the proposal for compliance with the National Environmental Policy Act (NEPA} as implemented by the U.S. Department of Housing and Urban Development (HUD) Environmental Guidelines. The Development Services Director has determined that the proposal qualities for a previously adopted Categorical Exclusion (subject to 58.5) pursuant to Code of Federal Regulations (CFR) Title 24, Section 58.35(a). Thus, no further NEPA environmental review or determination is required. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On December 14, 2010, City Council adopted Resolutions 2010-289 accepting a petition signed by the property owners along Naples Street between Third Avenue and Alpine Avenue for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements (Attachment 1). On May 3, 2011, Council adopted Resolution 2011-074 approving the Preliminary Engineer's Report for proposed Assessment District No. 2010-01, 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 inchides construction, survey, and design staff costs, was estimated to be $900,000, of which the property owners' share was estimated to be $75,063 which was to cover the costs of constructing concrete driveways and any private improvement relocations. These ballots were subsequently mailed to the property owners on May 4, 2011. 11-2 7/10/12, Item_~ Page 3 of 5 On June 21, 2011, Council held the public hearing on the Naples Street Sidewalk Improvements Assessment District Project. There was no public testimony, so the hearing was closed and ballots were tabulated. More than ~0% of the property owners voted in favor of the proposed assessments. City Council adopted Resolution No. 2011-122 (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 tiom seven {7) contractors for the construction phase: CONTRACTOR BID AMOUNT 1 Portillo Concrete, inc. -Lemon Grove, CA $502,690.00 2 RMV, lnc. -San Diego, CA $523,26b.00 3 Tri-Group Construction and Development, inc. -San Diego, CA $537,400.00 4 PAL General Engineering, Inc. -San Diego, CA $584,245.00 5 New Century Construction, Inc. -Lakeside, CA $592,350,00 6 L.B. Civil Construction, Inc. -San Diego, CA $597,660.00 7 Blair Rasmussen Construction, inc. -San Diego, CA $598,435.63 The low bid submitted by Portillo Concrete, Inc. of $502,690, was $132,310 (20%) below the Engineer's estimate of $635,000. 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 $502,690 on December 13, 2011 per Resolution 2011-250. Portillo Concrete, Inc. has completed the construction of the street improvements. Of the total construction costs, only the costs for concrete driveways and private improvement relocations were assessed to the property owners. The final construction costs to be assessed to the property owners totals $46,260. Final 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 May 03, 2011 and adopted by Council on May 03, 2011. Since the amounts now allocated to the property owners based on actual construction costs are equal to or less 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 construction. 11-3 7/10/12, Item_~~ Page 4 of 5 Assessor's Parcel Number Property Address Preliminary Assessment from .preliminary Engineer's Re ort Final .Assessment 619-060-21-00 1096-1098 Del Mar Avenue $2,620 $1,662 619-060-20-00 278-280 Naples Street $3,695 $2,682 619-121-29-00 287 Naples Street $5,595 $3,180 619-121-25-00 271-273 Na les Street $4,473 $2,880 619-122-34-00 1101 Del Mar Avenue $2,869 $1,716 b19-122-35-00 247 Naples Street $4,374 $3,066 619-122-25-00 245 Naples Street $2,405 $1,806 619-132-01-00 1101 Second Avenue $3,944 $2,550 619-132-02-00 183-187 Naples Street $6,994 $4,158 619-132-24-00 177 Naples Street $6,100 - - $3,450 619-132-25-00 173 Naples Street $2,835 $2,736 619-132-26-00 169 Naples Street $2,190 $2,190 619-141-01-00 161 Naples Street $4,295 $1,836 619-141-02-00 157 Naples Street $2,439 $1,284 619-141-03-00 151 Naples Street $4,555 $1,806 619-141-04-00 149 Naples Street $5,025 $2,532 b19-141-OS-00 141 Naples Street $6,960 $4,422 619-141-06-00 137 Naples Street $3,695 $2,304 Following confirmation of the final assessments, property owners will have the option of paying any portion of their assessment during a 30-day payoff period 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 ctiu~ent interest rates, the City will charge five percent interest (5%) for a maxiinuin 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 2013/2014. The assessment payment 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. Payments collected will be deposited in the City's CDBG account because a portion of the City's annual CDBG capital funding allocation is being used to repay the HUD Section 108 Loan that was used to finance the Castle Park Area street 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, which is the subject of this action. 11-4 7/10/12, Item ~~ Page 5 of 5 CURRENT YEAR FISCAL IMPACT There is no fiscal impact to the City for tiling the Final Engineer's Report and approving the final assessments to property owners. A total of $900,000 was appropriated of which $788,340 from Section 108 Loan of Community Development Block Grant (CDBG) fund for planning, design work, and construction of missing sidewalk improvements and pavement reconstruction along Naples Street between Third Avenue and Alpine Avenue. The savings was appropriated to the next assessment district in the Castle Park area. ONGOING FISCAL IMPACT A total of $46,260 will be repaid, over a maximum of ten years, by property owners for concrete driveway aprons and private improvement relocations. These repayments will be deposited in the City's CDBG account because a portion of the City's annual CDBG capital funding allocation is being used to repay the HUD Section 108 Loan. - - 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 1. Resohrtion 2010-289 2. Resolution 2011-074 3. Resolution 2011-122 4. Naples Street AD 2010-O1 Final Engineer's Report Prepczrecl b~~: Boushra Salem, Senior Civil Engineer, Public Works Department -Engineering J:\Engineer\AGENDA\CAS2012\07-10-12\Naples AD Final Eng Rpt CAS-revl .doc 11-5 ~ ~i RESOLUTION N0.2010-289 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 NAPLES STREET BETVI'EEN THIRD AVENUE AND ALPINE AVENUE FOR THE PURPOSE OF FINANCING THE COI'~STRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW 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, the boundary of the proposed assessment district is Naples 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 Lo 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 Engineers Report in conformance with California Constitution Article XIII D § 4 and the Municipal Improvement Act of 1913, California Streets and Highways Code Section 10000 ei seq. 11-6 Resolution No. 2010-289 Page 2 Presented by Approved as to form by PASSED, .APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this ] 4th day of December 2010 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda ATTEST: Donna R. Norris, CM ,City Clerk STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA } Cheryl Cox, yor I, Donna R. Norris, City Clerk of Chula Vista; California, do hereby certify that the foregoing Resolution No. 2010-289 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December 2010. `Executed this 14th day of December 2x10. 0 4.c~a Doruza R. Norris, CM ,City Clerk 11-7 ,~ ~~~~~~ RESOLUTION N©. 2011-474 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHEJLA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR NAPLES STREET ASSESSMENT DISTRICT N0. 2014-01, APPROVING THE PRELIMINARY ENGINEER`S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORI3£RING THE INITIATION OF BALLOT PROCEEDINGS VJI-IEREAS, 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 thirteen (13) of the eighteen {18} property ovti~sers 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, 2410, pursuant to Resolution No. 2414-289, the City Council accepted the petition, declared its intention to initiate proceedings to consider the formation of an assessment district, and directed the City Eno Weer to prepare an Engineer's Report; and WHEREAS, City Council Policy No. 2952, Participation in 1913 BIock Aet Proceedtngs, requires that the City provide all engineering, inspection and administrative services; as well as paying far all relocation and reconstruction of the e~cisting 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 irr~provements within the City's right-of- way; and WHEREAS, City staff, at the City Engineer's direction, has prepared the Engineers Report containing the preliminary design, cost estimates, and proposed Naples Street Assessment District No. 2014-0 l . NOW, THI/REFORE, 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. 2414-01. BE 1T FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineers Report for Assessment District AD 2014-OI, dated May 3, 2011. 11-$ Resolution No. 2011-074 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 dune 21, 2012, at 4:00 p.nn. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of 2923 (the "Black 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 Chula Vista does hereby order the initiation of ballot proceedings in accordance with said Article XIIID. Presented by Approved as to form. by Richard A. Hop s ien R. oagins Director of Public Works C~ ~ rney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California; this 3rd day of May 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmemlaers: None ABSENT: Cauncilmembers: None Cheryl Cox, M or ATTEST: O Donna R. Norris, CMC, City Clerk STATE OF CALIPORI`jIA ) COUNTY OF SAN D1EG0 ) CITY OF CI-IULA VISTA ~ I, Donna R. Norris, Gity Clerk of Chula Vista, California, da hereby certify that the foregoing Resolution No. 2011-074 was duly passed, approved; and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of May 202 2. Executed this 3rd da}r of May 2021. ,,f ~~ Donna R. Norris, CMC, City Clerk 11-g ...._.... ~ 8 ~~~~~~ ~ ~ t~ ._...~ RESOLUTION N0.2011-122 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, LMPOSITION OI' 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 l3 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, 2411, the City Council adopted Resolution No. 2011-074 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2014-41 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 that the City Council of the City of Chuta Vista finds as follows: 1 _ That the Public Hearing for the formation of the Assessment District 2014-01 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 be heard. 5. That the Council has considered all objections or protests. 6. That follov~~ing the conclusion of the Public Hearing, the ballots were counted by an impartial individual 11-10 Resolution No. 2011-122 Page 2 BE IT FURTfiER 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, 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-~ 1 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 Guard . HOp . Director of Publ;c Works Approved as to form by ~..~--.. len R. ogins eY 11-11 Resolution No. 2011-122 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista. California, this 21s# day of June 2011 by the following vote: AYES: Cotzncilmembers: Aguilar, Bensoussan, Gastaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: 0 Donna R. Norris, C, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO } CITY OF CHULA VISTA } Cheryl Cox, May I, Donna R. Norris; City Clerk of Chula Vista., California, do hereby certify that the foregoing Resolution No. 201 i-122 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of .Tune 2011. Executed this 21st day of June 2011. d `?~t,c.~..~-- Donna R. Norris, CMC, City Clerk 11-12 EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CALffORNIA, 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 5373 of the Government Code, I, an impartial individual, did tabalate the ballots submitted and notwithdrawn, in accordance with the pravisions of subdivision (e} of Section 53753 of the Government Code at the hearing on CITY OF CHULA VISTA NAPLES STREET ASSESSMENT DISTRICT NO.2Q10-Ol in said City, held June 2I; 2011. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole 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 NO WITNESS of my hand and Official Seal this ~--~tlay of . 20~ D >~ ,~ Donna R Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 11-13 .ATTA,CI31~'IEI~TT "4" ~II~IAL EN~Il~EER'S REI'C~R'T JEor I1TAT'LES STREET SIDEWALK IIVIPROVEIVIEIVTS x.913 ACT ASSESSIVIEIVT DIS'TRIC'T' AD 2010-01 e N~-.. ~4-~~P F A R'4 `ice CF''~ r ~ Z. to 4~\} ~ a~ 3> z ~. t~ ~ ~-. m ti. ~ Q m ~ •` '•;~' ~ No. 61245 ~ ~-;; `--LrQF CA~~F~' .~u~y lo, 201 11-14 Final Engiireer's Report Naples Street ~iD 3070-OI $ack~round Naples 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, NaplesStreet 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. On December 14, 2010, City Council accepted a petition signed from 13 of the 18 property owners 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. Subsequently, on .tune 21, 20I 1, a Public Hearing was held at the City of Chula Vista Council Chambers and ballot proceedings were conducted. Eighty-three percent of the votes cast by property owners were in favor of Assessment District formation. On December 13, 2011, the City Council accepted bids and awarded a contract to Portillo Concrete, Inc. for the construction of street improvements on Naples 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 with Article XIIID of tl~e California Constitution {Proposition 218) or applicable State law. According to this policy, the City will provide all engineering, inspection and admiaiistrative services at no cost to the property owners. It is tl2e 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 Esfimate The project area and general location of improvements are shown on Exhibit "A", the Final Boundary Map for Assessment District 2010-01, Naples Street Assessment District. The cost inforn~ation contained in the table below was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessircent 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 gars of the district: Page 2 of S 11-15 Fbtal Ettgitteer's Report Naples Street AD 2010-01 TABLE 1 Assessor's Parcel Number Property Address Private (mprovement Modifications Preliminary Assessment 519-060-21-00 1096-1098 Del Mar Avenue NONE $2,620 619-060-20-00 278-280 Naples Street NONE $3,595 619-121-29-00 287 Naples Street NONE $5,595 519-121-25-00 271-273 Napier Street NONE ~ $4,473 619-122-34-00 1101 Oel Mar Avenue NONE $2,869 619-122-35-00 247 Naples Street NONE $4,374 619-122-25-00 245 Naples Street NONE $2,405 619-132-01-Ofl 1101 Second Avenue NONE $3,944 519-132-02-00 183-187 Naples Street NONE $6,994 519-132-24-00 177 Naples Street NONE $6,100 519-132-25-00 173 Naples Street NONE $2,835 619-132-26-00 169 Napier Street NONE $2,190 619-141-01-00 161 Naples Street NONE $4,295 619-141-02-00 157 Napes Street NONE ~ $2,439 619-141-03-00 151 Naples Street NONE $4,555 619-141-04-00 149 Naples Street I NONE $5,025 619-141-05-00 141 Naples Street NONE ~ $6,950 619-141-OS-00 137 Naples Street NONE I $3,695 The staeet improvements include reconstniction of the street asphalt concrete, construction of monolithic curb, gutter and sidewalk, miscellaneous associated drainage facilities, and stormwater treatment facilities. The sidewalk is five feet wide and matches the existing sidewalk at the north and south boundaries of the Naples Street Assessment District. Where driveways are located, a driveway apron was constructed to provide a transition between the street, the sidewalk, and the driveways. In addition to the street, driveways and sidewalk improvements, the City coordinated with utility companies to relocate some of their underground and overhead utilities to make 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 $588,914 and the project costs apportioned to the property owners is $46,26Q. Several properties have trees, fences, gates, or walls, which needed to be removed, relocated, or reconstructed to construct the proposed street improvements. Method of Annortionnnent The City of Chula Vista has offered the Castle Park area property owners an incentive to form Assessment Districts for the installat[on of street improvements. The City would Page 3 of 5 11-16 Final E~rgi~reer's Report Naples Street AD 2010-01 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 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 consri-uction costs among the properties witliin the district is shown in TABLE 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. All of the required private improvement relocation were completed by the property owners prior to beginning construction. Costs associated with the relocations were included with the preliminary assessment. TAR~.F 2 Assessor's Parcel Number Site Address Preliminary Assessment from Preliminary En ineer's Report Final Assessment 619-060-21-DO ~ 1096-1098 Del Mar Avenue $2,624 $1,662 619-060-20-00 278-280 Naples Street $3,695 $2,682 619-121-29-00 287 Naples Street $5,595 ' $3,180 619-121-25-DO 271-273 Naptes Street $4,473 $2,880 619-122-34-00 1101 De[ Mar Avenue $2,869 $1,716 619-122-35-00 247 Naples Street $4,374 $3,066 619-122-25-00 245 Naples Street $2,405 $1,806 619-132-41-00 1141 Second Avenue $3,944 $2,550 619-132-02-00 183-187 Naples Street $6,994 $4,158 619-132-24-QO 177 Naples Street $6,100 $3,450 619-132-25-00 ~ 173 Naples Street I $2,835 $2,736 619-132-26-OD 169 Naples Street $2,190 $2,190 619-141-01-DO 161 Naples Street $4,295 $1,836 619-141-02-40 157 Naples Street $2,439 $1,284 619-141-03-00 151 Naples Street $4,555 $1,846 619-141-04-00 ( 149 Naples Street $5,025 $2,532 619-141-05-QO 141 Naples Street $6,960 $4,422 519-141-OS-00 137 Naples Street $3,695 I $2,304 t otat of r ina~ tsssessmenrs = ~ =~o>~ov to be paid by property owners Page4of5 11-17 Final Errgir7eer's Report Naples Street ~!D 2010-01 The Preliminary Assessment amounts were included on the ballots submitted to the property owners and tallied in accordance with Article XIIID of the California Constitution. Since the Final Assessment amounts are all equal to or lower than the Preliminary Assessment amounts, no additional ballot process is necessary. All project costs was 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; said loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. Q:1Enginccrin~V\Il Projeets\STLISTL3~0 Naples St (AD10-O1)tAsscssment\En~ineer Rcpori\l~taples Final Engin~~cr's Rept revE.doc Page 5 of 5 11-18 EXH~~~T 99~9D FINAL BOUNDARIES ~~~~~ ~SSESS~9ENT pISTROCT 20~ D°~CT ~ ~~ 3 AOT DNOPROVEN~ENT DISTR CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ~~ ~,~, j Iz {~ ~~ ~I ~f CD a '- P. t1,A.P. N.A.P. N,AP. o - ~ N.A,P. N.A.P NAPLES STREET x ~, ~ N.A.P. ~ ~ t1.A.P. Lu .P. N.A.P. ~I~ - - w { WEREBY CERTIFY THAT THE WITHIN fAAP SHOWING FINAL 80UNDARY OF THE ASSESSMENT DISTRICT, CITY OF CHULA VISTA, COUNTY Of SAN DIEGO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF ~ 2012 8Y RESOLUTION N0. _ °~ ~ ¢ ~~~ Vim'! CITY CLERK, CITY OF CHULA V15TA ,,, x FILED IN THE OfFICE OF THE CITY CLERK OF THE CITY OF CHULA NSTA THIS DAY OF 2012. ~ CITY CLERK, CITY OF CHULA VISTA REFERENCE IS HEREBY MADE TO THE COUNTY OF SAN D1EG0, STA1E OF CALIFORNIA ASSESSOR PARCEL MAPS FOR DETAILED OIMEN510NS OF INDIVIDUAL PARCELS. a w w v ti 1 ~~. I W II.AP. }I.A.P, C I A N.A.P. N.A.P. A P ~ tJ AP tt -I.A.P. ~ L- . . . . . NAPLES ~ ~ _ __ __ ~ _ST EET , ~y~ 14 -~ - , , y I O ,n 7me.,w d 3 ~ ~ FILED THIS DAY OF 2012, IN BOOK AT PAGE OF MAP OF ASSESSMENT DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER Of 7HE COUNTY OF SAN OIEGO, STATE OF CALIFORNIA. COUNTY RECORDER, COUNTY OF SAN DIEGO z ~ N.aP. { ~ ( ._ ~ . ..L.-, LE(~ND: / ~ AREA OF (A1PRdVEMENTS _ _ _ FlNAL ASSES51dENT biSTRICT BOUNpARY N.A.P. NOT A PART OF dISTRICi RESOLUTION N0.2012 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR NAPLES STREET ASSESSMENT DISTRICT 2010-10 WHEREAS, pursuant to Resolution 2010-289, adopted on December 14, 2010, the City Council accepted a petition requesting the formation of an Assessment District for Naples Street between Third Avenue and Alpine Avenue for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolution 2011-074, adopted on May 3, 2011, the City Council, approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2010-01 (Naples Street), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, pursuant to Resolution 2011-122, adopted on June 21, 2011, 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 $502,690 to the low bidder, Portillo Concrete, Inc., pursuant to Resolution No. 2011-250 on December 13, 2011; and WHEREAS, the construction of the improvements is complete and the final Engineer's Report for Naples Street Sidewalk Improvements 1913 Act Assessment District AD 2010-01 dated July 10, 2012 (Final Engineer's Report), which contains all the information contained in the Preliminary Engineer's Report modified 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 Naples Street Assessment District 2010- 01. Presented by Richard A. Hopkins Director of Public Works 11-20 RESOLUTION N0.2012 - 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 NAPLES STREET ASSESSMENT DISTRICT 2010-01 WHEREAS, pursuant to Resolution 2010-289 adopted on December 14, 2010, the City Council accepted a petition requesting the formation of an Assessment District for Naples Street between Third Avenue and Alpine Avenue for the purpose of financing the construction of sidewalk improvements; and WHEREAS, on May 3, 2011, Council through the adoption Resolution 2011-074, City Council approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2010-01 (Naples Street) for the proposed Assessment District No. 2010-O1, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on May 4, 2011, 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 June 21, 2011; and WHEREAS, on June 21, 2011, 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 2011-122, adopted on June 21, 2011; 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 $502,690 to the low bidder, Portillo Concrete, Inc., pursuant to Resolution No. 2011-250 on December 13, 2011; and 11-21 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 Naples Street ~` ~~°°°~^°^+ r,;~+,.;,.+ ~n~ n_ni Presented by Richard A. Hopkins Director of Public Works 11-22 RESOLUTION NO. 2012 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2010-01, 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 Resolution 2010-28.9 adopted on December 14, 2010, the City Council accepted a petition requesting the formation of an Assessment District for Naples Street between Third Avenue and Alpine Avenue for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolutions 2011-074, adopted on May 3, 2011, the City Council, approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2010-01 (Naples Street), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, on May 4, 2011 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 June 21, 2011; and WHEREAS, a public hearing was held on June 21, 2011, and the ballots remained sealed. There was no public testimony, so the hearing was closed and ballots were tabulated; and WHEREAS, pursuant to Resolution 2011-122, adopted on June 21, 2011, 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 $502,690 to the low bidder, Portillo Concrete, Inc., pursuant to Resolution No. 2011-250 on December 13, 201 l; and WHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only forty-six thousand two hundred sixty dollars ($46,260), the cost of the concrete driveways and private improvement relocation, are to be assessed to the property owners; and 11-23 Resolution No. Page 2 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 taxes 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 2010-01, 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 11-24