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HomeMy WebLinkAbout2012/11/06 Item 02CITY COUNCIL AGENDA STATEMENT ,~ ~\1/~ d ~ ~~ CITY OF =-- = CHULAVISTA 11/06/12, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ELM AVENUE ASSESSMENT DISTRICT 2010-02 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 ELM AVENUE ASSESSMENT SUBMITTED BY: REVIEWED BY: DISTRICT 2010-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2010-02, 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 TTIE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO DIRECTOR OF PUBLIC WORKS , ~ ASSISTANT DIRECT OF ENGINEERING I,~t~ CITY MANAGER ASSISTANT CIT ANAGER~ 4/STHS VOTE: YES ^ NO SUMMARY On November 15, 2011, City Council adopted Resolution No.2011-224, 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 January 24, 2012, Council adopted Resolution No.2012-07 awarding a contract in the amount of $520,075 for construction of the "Elm Avenue Sidewalk Improvements between Naples Street and Oxford Street in the City of Chula Vista, California (STL343)" Project to Tri-Group Construction and Development, Inc. ("Tri-Group") The work is completed and a resolution is now required to accept filing of the Engineer's Report on the 2-1 11/06/12, Item Z Page 2 of 5 cost of consiz~uction, 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 for compliance with the California Environmental Quality Act (CEQA) acid has determined thatthe activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it involves governmental fiscal/administrative activities that will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060(c)(3) ofthe State CEQA Guidelines the activity is not subject to CEQA. Thus, no enviromnenta] review is required. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On April O5, 201 t, City Council adopted Resolutions 2011-056 accepting a petition signed by the property owners along Elm Avenue between Naples Street and Orford Street for the formation of an assessment disU~ict pursuant to the Block Act to finance construction of missing sidewalk improvements (Attachment 1). On September 20, 2011, Council adopted Resohition 2011-183 approving the Preliminary Engineer's Report for proposed Assessment District No.2010-02, setting the time and place for a public heazing, 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 properly owners` Assessment District bat lots as the amount of the proposed maximum assessment to be levied against each respective parcel. The total project cost, which includes construction, survey, and design staff costs, was estimated to be $1,000,000, of which the property owners' shame was estimated to be $75,063 to cover the costs of consU•ucting concrete driveways and any private improvement relocations. These ballots were subsequently mailed to the property owners on September 21, 201 t. On November 15, 201], City Council held the public hearing on the Elm Avenue Sidewalk hnprovements Assessment District Project. There was no public testimony, and the hearing was closed and ballots were tabulated. More than 50% of the property owners voted in favor of the proposed assessments. City Council adopted Resolution No. 2071-224 (Attaclm~ent 3), which certified the results of the public hearing and Assessment District ballot tabulations and ordered installation of improvements in accordance with Article XIIID of the California Constitution. 2-2 ll106/I2, Item ~- Pa~e 3 of 5 In accordance with Section 20852 of the Public Contract Code, the City advertised attd 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 nine (9) contractors for the construction phase: CONTRACTOR BID AMOUNT ] Koch-Armstrong General Engineering, htc. -Lakeside, CA $498,528 2 Tri-Group Construcfion and Development, Inc. -San Diego, CA X520,075 3 Portillo Concrete, hte. -Lemon Grove, CA $544,040 4 Palm Enguieering Construction -San Diego, CA $557,775 5 Carolino Constriction Corporation- National City, CA $58],005 6 RMV, Inc. -San Diego, CA $575.310 7 HTA Engineering & Construction -Poway, CA $653,950 8 MJC Constuction -Bonita, CA $68.850 9 New Cennuy Construction, hrc. -Lakeside, CA $683,200 Staff reviewed the apparent low bid by Koch-Armstrong General Engineering, Inc, and determined that the bid was non-responsive because the Contractor was unable to achieve the Minority/Woma~~ Business Enterprise "MWBE" goals for Che project and was unable to adequately document their good faith efforts in attempting to meet those goals. Staff then reviewed the second lowest bid submitted by Tri-Group Construction and Development, Inc. ("Tri-Cn~oup"), and determined that the bid package was complete, with no errors or omissions. Tri-Group listed two Womam Business Enterprises (WBE) and three MBEs as subcontractors for the project. Therefore, staff recommended awarding a contract in the amount of $520,075 to Tri-Group Construction a~td Development, Inc., of San Diego, California. The low bid submitted by Tri-Group of $520,075, was $99,925 (16%) below the Engineer's estimate of $620,000. The Engineers 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 X520,075 on January 24, 2012, per Resolution 2012-007. Tri-Group 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 otimers totals $62,787. Final Cost Staff has completed the accounting of the expendiuires and apportionment to property owners, as shown in the Final Engineer's Report (Attactument 4). This document amends the Preliminary Engineer's Report dated September 20, 2011, and adopted by Council on September 20, 2011. Since the amounts now allocated to the property owners based on actual construction costs are equal to or less than the amowtts originally included on the homeowners' ballots, an additional assessment ballot proceeding will not l>e required. The amounts shown in the following table will be assessed to 2-3 11/06/12, Item ~- Page 4 of 5 each pro}~erty. Preliminary cost estimates were based on estimated driveway quantities and estimated costs for the relocation of private improvements. Final assessments are based ou actual quantities and the actual costs for the relocation ofprivate improvements. Driveway quantities may have increased or decreased from the preliminary estimates, due to necessary field adjustments made during constt~uction. TABLE I Assessor's Parcel Number Property Address Preliminary Assessment from Preliminary Engineer's Report Final Assessment 619-]41-01 161 NAPLES ST $ 4.290 $ 3,192 619-]4]-07 1109 ELM AVE $ 2,135 $ 1398 619-141-08 1117 ELM AVE $ 1,865 $ 1,464 6] 9-141-09 1123 ELM AVE $ 2,405 $ 2,028 6] 9-141-10 ~ 1125 ELM AVE $ 1.875 $ ],494 619-]4]-ll 1127 ELM AVE $ 2,135 $ ],686 619-141-12 1129-113]ELMAVE $2.]45 $1,278 619-]4]-li ] 135 ELM AVE $ 2.145 $ 1,794 619-14]-14 1143 ELM AVE $ 2,405 $ 1,686 619-]91-01 163 EMERSON ST $ 2,415 $ 1,602 619-191-04 1161 ELM AVE $315 $2,112 619-191-OS 1169-7171 ELM AVE $ 2,945 $ 2,322 619-191-06 1173 ELM AVE $ 1.865 $ 1,182 619-191-07 1175,1177,1179 ELM AVE $ 2,675 $ 1,866 619-191-08 1181 ELM AVE $ ],605 $ 1,320 619-]91-09 1185 ELM AVE $ 2,135 $ 1,266 619-191-10 1189 ELM AVE $2,135 $1,278 619-191-11 1193 ELM AVE $ 1,875 $ 2,058 619-191-12 170 OXFORD ST & ll97 ELM AVE $ 2,135 $ ],308 619-182-13 1192 ELM AVE $ 6,065 $ 1,278 619-182-14 1 188 ELM AVE $ 2,945 $ 2.106 619-182-15 1184 ELM AVE $ 2,675 $ 1,434 619-182-16 1180 ELM AVE $ 2,945 $ 1,914 619-] 82-17 1176 ELM AVE $ 2,4] 5 $ 2,526 619-] 82-] 8 ] 172A & 1172B ELM AVE $ 2,?70 $ 1398 619-182-19 1 J 68 ELM AVE $ 2,675 $ 2.646 619-182-20 1 160 ELM AVE ~ 2,675 ~ $ 1,962 619-182-22 1158 ELM AVE ~ $ 1,875 $ 1308 6] 9-] 32-16 1142 ELM AVE ~ $ 1.865 ~ $ 1,686 619-132-17 1138 ELM AVE $ 2,135 $ 1,494 619-132-18 1134 & 1136 ELM AVE $ ],605 $ 1,560 619-132-30 ] 128 ELM AVE $ 3.080 $ 1,938 619-132 ?9 1122 ELM AVE $ 3,755 $ 3,528 619-132-21 1120 ELM AVE $ 1,865 $ 1,416 619-132-22 1 ] 16 ELM AVE $ 1,865 $ ],278 619-132-23 1112 ELM AVE $ 1,605 $ 1,092 2-4 11/06/12, Item -~ Page 5 of 5 Following confirmation of the final assessments, property owners will have the option ofpaying awry portion of their assessment during a 30-da}+payoff period following the completion of improvements and confirmation of assessments. For assessments not fully paid during that time, Section ~8)> of the Streets and Highways Code permits the City to collect the unpaid balance over a maxinnun period of ten years, together with interest on the unpaid principal at a maximwn rate of seven percent per year (7%). Based on the current interest rates, the City will charge five percent interest (>%) for a maximum period of ten years. Property owners will have the option of paying 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, procedtu'es, sales and lien priority in a~~y 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 sU'eet improvements. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdiugs within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. 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. A total of $1,000,000 was appropriated from Section 108 Loan of Commmiity Development Block Grant (CDBG) fund for planning, design work, and construction ofmissing sidewalk improvements and pavement reconstruction along Ehn Avenue between Naples Street and Oxford Sn'eet. ONGOING FISCAL IMPACT A total of $ 62,787 will be repaid with interest at 5% per annum, over a maximum often 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. Resolution 20] 1-056 2. Resolution 201 I-18S 3. Resolution 2011-224 4. Naples Street AD 2010-02 Final Engineer's Report Prepared b~~: Boushra Salem, Senior Cii~il Engineer, P+eblic Works Depar/meM-Engineering I1En~ineei',AGLNDAACAS2012U I-06-12\Elm AD Final Eng Rpi CAS-re~3.doc 2-5 ~r~c~~ - ~ RESOLUTION NO. 2011-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS, DECLARING ITS INTENTION TO INITIATE PROCEEDINGS TO CONSIDER FORMATION OF SUCH ASSESSMENT DISTRICT. AND DIILECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS, residential properties along Elm Avenue between N_ aples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 36 property owners of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and V,rI~iEREAS, the boundary of the proposed assessment district is Elm Avenue between Naples Street and Oxford Street; and WHEREAS, the project consists of the construction of curb, gutter, sidewalk and driveway aprons and the replacement of the pavement within the proposed assessment district boundaries. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. That it accepts a petition requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of curb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundaries. 2. That it declazes 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 prepaze or to cause to be prepazed an Engineer's Report in conformance with California Constitution Article XIII D §4 and the Municipal Improvement Act of 1413, California Streets and Highways Code section 10000 et seq. 2-6 Resolution No. 2011-056 Page 2 Presented by Approved as to form by ~~ Richaz A. Hop ' s Glen IL oogins Duector of P~biic Works mey PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of Apri12011 by the following vote: AYES: Councilmembers: Aguilaz, IIensoussan, Castaneda and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Ramirez ATTEST: ~ ~1 0 1. %~ Donna R. Norris, CM ,City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) L~ Cheryl Cox, , yor I, Donna R. Norris, City Clerk of Chula Vista, California; do hereby certify that the foregoing Resolution No. 2011-056 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 5th day of April 2011. Executed this 5th day of Apri] 2011. o .s _ Donna R. Norris, CMC, City Clerk 2-7 ~~~~~~~~ RESOLUTION NO. 3017-183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ELM AVENUE BETWEEN NAPLES STREET AND OXFORD STREET ASSESSMENT DISTRICT NO. 2010-02, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, residential properties along Elm Avenue between Naples Street and Oxford Street aze currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 36 property owners of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, on April 5, 2011; pursuant to Resolution No. 20l 1-056; 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 prepaze an Engineer's Report; and WHEREAS, City Council Policy No. 292, 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 Elm Avenue between Naples Street and Oxford Sveet. 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-~vay; and WHEREAS, City staff, at the City Engineers direction, has prepazed the Engineer's Report containing the preliminary design, cost estimates, and proposed Elm Avenue Assessment District No. 2010-02. 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 Elm Avenue Assessment District No. 2010-02. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineers Report for Assessment District AD 2010-02 dated September 20, 2011. 2-8 Resolution No. 201 I-183 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 November 1 S, 2011 at 4:00 p.m. in City Council Chambers to be conducted pursuant to the provisions of the Improvement Act of i 913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XQID"). 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 2-9 Resolution No. 26I 1-183 Pale 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of September 2011 by the following vote: AYES: Councilmembers: Agtrilaz, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None _____ \~ Cheryl Cox; M r ATTEST: u ~Pub.C~ f~ o/VDI~1~Jo Donna. Nom-'s,~City Clerk STATE OF CAL1FORl~TIA ) COUI~TTY OF SAN DIEGO ) CITY OF CHliLA VISTA } I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. ZOIl-I S3 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of September 20J I . Executed this 20th day of September 201 I. Donna R. Noms, CMC, City Clerk 2-10 ~~~~ RESOLUTION NO. 2011-224 RESOLUTION OF THE CITY COUNCJi, OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT N0. 2010-02 (ELM AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO WHEREAS; residential properties along Elm Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 36 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 September 20, 2011, the City Council adopted Resolution No. 2011-183 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2010-02 along Elm Avenue, set the time and place for a public hearing, and ordered the initiation of assessment balloting proceedings. NOW. THEREFORE, HE IT RESOLVED that the City Council of the City of Chula Vista finds as follows: I. That the Public Hearing for the formation of the Assessment District 2010-02 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 September 27, 201 ] . 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 heazd. 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. 2-11 Resolution No. 201 ] -224 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 apportionment according to the reports submitted. 3. That the Council orders the formation and establishment of Assessment District AD 2010-02 along Elm Avenue. 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 2-12 Approved as io form by Resolution No. 201 I -224 Page 3 PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of Nevember 201 I by the following vote: AYES: Councilmembers: Aguilar, Bensoussan and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda and Ramitz ~ ~J Cheryl Cox, Mayor ATTEST: ~ ~ ~~ Donna~CMC, City 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. 2011-224 was duly passed; approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the ] 5th day ofNovember 2011. Executed this ISth day ofNovember 20i ]. Donna R. Noms, CMC, City Clerk 2-13 CERTIFICATE OF ELECTION OFFICL~.L AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CTTY OF CHULA VISTA ) The undersigned, ELECTION OFFICL4I. OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 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 Govemment Code, I, an impartial individual, did tabulate th'e ballots submitted and not withdrawn, in accordance with the provisions of subdivision (e) of Section 53')53 of the Government Code at the bearing on CITY OF CHULA VISTA ELM AVENUE ASSESSMENT DISTRICT N0.2010-02 in said City, held I~TOVember 15, 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 aze full, true, and correct. VOTES CAST YES 15 NO 4 } WITNESS of my hand and Official Seal this ~I S day of /~ ct'e~~~l~e~ , 20 I I /~f. t`]ticc~~ 1~ t /t o~~.A Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 2-14 A'I"I'ACI~NIEN'I' "4" ~'Il~A,If EI~GINEElZ'S P®RT' ~~~- ~~,~ Av~~rtl~ s~~~wA~,x ~~~~®v~~~~r~s fl913 ACT ASSESSIVIEN'I' DIS'I'ItflC'I' AD 20fl0-02 Q~pF ESS~p r N C y q D Z ~~ ~ r m ~ o m a ~' ~ No. 61245 3 ~ --. s~,9j, CIVIL...,. Q-?`~ F~F CAL\F~ 1+1®vefln~ea• 06, 2012 2-15 Tian! En,ineu 's Repurt Elm Arc AD?010-02 Bacl.6round Elm Avenue between Naples Street and Orford Street is clesignated as a Residential Street with a 60-foot wide right-of-w-ay and is located within the Castle Park area of the Cit of Chula Vista. The Castle Parl: area is generally bounded by Third A~-enue to the west. Hilltop Drive to the east. Naples Street to the north, and Palomar Street to the south. Esistinn+ improvements within the ptroposed assessment district generall}+ consist of deteriorating asphalt streets t~'ith little or no other street improvements. There are no existing curb. nutter or sidewalk improvements on this segment of Elm venue. Un April 0~, 2011, by Resolution No. 2011-0~6, the City Council accepted a petition signed from '_7 of the 36 rnvners along Llm Avenue between Naples Street and Orford Street requesting that special assessment district proeeectings be commenced for the purpose of Yinancing the construction of curbs. nutters. sidewalk and street improvements in accordance with the Lnprovement Act of 191 ~. Subsequenth. on November 1~, 2011. a Public Hearing was held at the City of Chula Vista Council Chambers and ballot proceedings were conducted. Seventy-nine percent of the votes cast by property owners were in favor of Assessment District formation. On ,Tanuary 2=1. 20]2, the City Council accepted bids and awarded a contract to Tri-Group Construction and Development. Inc. for the construction of street improvements on Elm Avenue between Naples Street and Oziord Street. Pursuant ro Council Policy ~0~-1, Assessment Districts for the construction of intill street improvements me to be formed with the participation of the City using either the Improvement Act of 1911 or the Nfunicipal 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 the California Constitution (Proposition 21S) or applicable State law. According to this policy, the City will provide all engineerin,. inspection and administrative services at no cost to the property o~amers. It is the City's responsibility to relocate or replace all esistinn public improvements that would be in conflict with the new improvements. including utilities, and costs associated with construction of the curb, nutter and sidewalk, and street reconsftvction. These costs would not be assessed to the property owners. The property owners ~l-ould be responsible to pay for all costs associated with constntction of the driveway apron servinn their properties and for any costs associated with the relortUOn of private improvements (only if private imprm entents are located within the public right-of-~eay and in conflict with the new public improvements). Overall Design and Cost Estimate The project area and general location of improvements are shown on Exhibit A. the Final Boundary Map for Assessment Disnict 2010-02. Elm Avenue Assessment District. The cost information contained in the table below was obtained from the Preliminar}' Page 2 of 6 2-16 Final Ere,±n~er s Re/nv~r Ehrr .fie ~a D ?0 / 0-0? Engineer's Report and was included on the property owners Assessment District ballots as the amount of the proposed assessment to be levied a_ainst each respective parcel. which to ill benefit from these improvements and would be a part of the district: TABLEI Assessor's Farce! Number property Address Private Improvement Modifications Preliminary Assessment 619-141-O1 161 NAPLES ST NONE $-4;_'90 619-141-07 1109 ELNI AVE NONE $'2,13 619-141-OS 1117 ELM AVE NONE $ I.S65 619-141-09 1 123 ELA'I AV6 Fence to be removed by owner $ 2,406 619-141-10 1125 ELA9 AVE NONE $ I.S75 6I9-141-1 l 1127 ELNI AVE NONE $''-•I>> 619-141-12 1129-I 131 ELA9 AVE NONE $'_.145 619-141-13 1136 ELNI AVE NONE $''_,145 619-I-t1-1-1 1143 ELA9 AVE NONE $ 2,-105 619-19i-O1 163 ENIGRSON ST NONE $''-,4i5 619-191-04 1161 BLNIAVE NONE $3•'-15 6I9-191-06 1169-I 171 ELM AVE NONE $'-,9-16 619-191-06 1173 ELM AVE NONE $ I.S65 619-191-07 1176.1177.1179 ELM AVE NONE $ 2.676 619-191-OS 1131 ELM AVE NONE $ LG05 619-191-09 IIS6ELMAVE NONE $'-•136 619-191-10 I IS9 ELNI AVE NONE $''-,135 619-191-I I 1193 [LNI AVE NONE $ 1,576 619-191-R 170 OXFORD ST ~C 1197 ELA9 AVE NONE $ 2-• 13~ 619-IS2-13 I192ELMAVE Block wall .a/iron fence $6.066 619-152-14 11SS ELNI AVE NONE $'2.945 619-IS2-15 l IS4 ELNI AVE NONE $'2.675 619-IS2-16 1150 GLNI .AVE NONC $ 2.945 619-IS3-17 1176 ELNI AVE NONE $'•41> 619-IS3-IS 1172A fi 11724 ELA9 AVE NONE $'_.270 619-IS2-19 116SELMAVE NONE $?-676 6I9-IS2-'_0 I I60 ELM AVE NONE $ 2.67> 619-IS2-22 1165 ELM AVE NONE $ 1,576 619-132-I6 1142 [LNI AVE NONE $ I.SG6 619-132-17 1135 ELN] AVE NONE $ -'-136 619-13'_-I S 1134 fi 1136 ELA9 AVE NONE $ 1.605 Pa~ze 3 of 6 2-17 Final Er~¢irveer's Report Ehn .are AD ?0! 0-0? Assessor's Parcel Number Property Address Private Improvement Modifications Preliminary Assessment 619-132-30 1128 ELNI AVE NONE $ 3,OSO 619-132 ?9 1122 ELNI AVE NONE $ 3,75 619-132 ?I 11'_0 BLNI AVE NONE X I,S65 619-132 ?2 1116 8LN1 AVE NONE ~ LS66 619-132 ?3 1 112 Etivl AVE NONE $ 1.60 The street improvements includes reconstruction of the street asphalt concrete, construction of monolithic curb, ~rntter and sidewalk. miscellaneous associated drainage facilities. and stornnvater treatment facilities. The sidewalk ~~-i11 he five feet wide and will match the existing sidewalk at the north and south boundaries of the Elm Avenue Assessment District. Where driveways are located. a driveway apron will be constnicred to provide a nransition between the street. the sidewalk. and the driveways. In addition to the street, drive«=ays 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. Seeeral 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 tilas $ d37,729 vtd the project costs apportioned to the property owners is $ 62.757. Few properties have trees. fences, gates, or waits. which needed to be removed, relocated, or reconstructed to construct the proposed street improvements. A~tet6od of Anpoi-tionment The Ciri' of Chula Vista has offered the Castle Park area property owners an incentive to form Assessment Districts for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning. design. surveyine and construction inspection. Property owners would be required to pay for driveway aprons mtd for removal and/or relocation of private improvements within the Ciri ri~?ht-of-wav. 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 tivill interfere with the new street improvements. The breakdo~+n of construction costs amon? the properties ~~ ithin the district is sho~a-n in TABLE 2 below. For each property. the square footaee of the drip°ewav apron was individualh' calculated. The calculation was broken into t~~-o parts: the actual driveway and the ~a~ing area on each side of the driveway, which provides a transition between the drivewav and the sidewalk. All of the required private improvement relocation was Page ~ of 6 2-18 Final Engineer's Report Elor .d rN .-I D 1 U l U-U3 completed by the property o«-nets prior to beginning construction. Costs associated ~a-ith the relocations ~>ere included with the preliminary assessment and not included in the Final Assessment calculations. TAIILII 2 Assessor's Parcel Number Property Address Preliminary Assessment from Preliminary En ineer's Report Final Assessment 619-141-01 161 NAPLES ST $ 4,290 $ 3,192 619-141-D7 1109 ELM AVE $ 2,135 $ 1,398 619-141-D8 1117 ELM AVE $ 1,865 $ 1,464 619-141-D9 1123 ELM AVE $ 2,405 $ 2,028 619-141-10 1125 ELM AVE $ 1,875 $ 1,494 619-141-11 1127 ELM AVE $ 2,135 $ 1,686 619-141-12 1129-1131 ELM AVE $ 2,145 $ 1,278 619-141-13 1135 ELM AVE $ 2,145 $ 1, i94 619-141-14 1143 ELM AVE $ 2,405 $ 1,686 619-191-D1 163 EMERSON ST $ 2,415 $ 1,602 619-191-04 1161 ELM AVE $ 3,215 $ 2,112 619-191-05 1169-1171 ELM AVE $ 2,945 $ 2,322 619-191-06 1173 ELM AVE $ 1,865 $ 1,182 619-191-07 1175,1177,1179 ELM AVE $ 2,675 $ 1,866 fi19-191-08 1181 ELM AVE $ 1,605 $ 1,320 819-191-09 1185 ELM AVE $ 2,135 $ 1,266 619-191-10 1189 ELM AVE $ 2,135 $ 1,278 619-191-11 1193 ELM AVE $ 1,875 $ 2,058 619-191-12 170 OXFORD ST 8 1197 ELM AVE $ 2,135 $ 1,308 619-182-13 1192 ELM AVE $ 6,065 $ 1,278 619-182-14 1188 ELM AVE $ 2,945 $ 2,1D6 619-182-15 1184 ELM AVE $ 2,675 $ 1,434 619-182-16 1180 ELM AVE $ 2,945 $ 1,914 619-182-17 1176 ELM AVE $ 2,415 $ 2,526 619-182-18 1172A & 11728 ELM AVE $ 2,270 $ 1,398 619-182-19 1168 ELM AVE $ 2,675 $ 2,646 619-182-20 1160 ELM AVE $ 2,675 $ 1,962 619-182-22 1158 ELM AVE $ 1,875 $ 1,308 619-132-16 1142 ELM AVE $ 1,865 $ 1,686 619-132-1'r 1138 ELM AVE $ 2,135 $ 1,494 619-132-18 1134 & 1136 ELM AVE $ 1,605 $ 1,560 619-132-30 1128 ELM AVE $ 3,080 $ 1,938 619-132-29 1122 ELM AVE $ 3,755 $ 3,528 Paae ~ of G 2-19 Finul Engineer's' Repurr Elm .-h•e.dD '010-0' Preliminary Assessor's property Address Assessment from Final Assessment Parcel Number Preliminary En ineer's Re ort 619-132-21 1120 ELM AVE $ 1,865 $ 1,416 619-132-22 1116 ELM AVE $ 1,865 $ 1,278 619-132-23 1112 ELM AVE $ 1,fi05 $ 1,092 roru of r mal .assessments = a o_, is i to be paid by property otirners The Preliminary .assessment amounts were included nn the ballots submitted to the property owners and tallied in accordance with Article t[IID of the CaliYornia Constitution. Since the Pinal Assessment amounts are all equal to or lo~~-er than the Preliminary Assessment amounts, no additional ballot process is necessary. All project costs was paid throueh a knv-interest united States Department of Housing and Urban Development (HUD) Section lOS loan received specifically to fund full street improt°ements in the Castle Park area: said loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations. Q:IEngiuerring4rN PrnkctslSTLLSTl.Jl.i Elrn.an' (.aD10.0)Llavr.ccuren~lEnCm.or RprIElrn .iD Finul E~+L PPJ ,tlar.?DRdnr Paze Ci of 6 2-20 EXHIBIT "A" ELM AVENUE ASSESSMENT DISTRICT 2010-02 1913 ACT IMPROVEMENT DISTRICT rnroF ~'°'~~`'~ CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA Q~V~~A i HEREBY CERTIFY THAT THE YATHIN NAP SHOVING PROPOSED BOUNDMIES dF 1HE ASSESSMENT DISTRICT, qTY Of CHUU NST0. COUNTY Q SAN DIEGO. STATE OF CALIFORNIA WAS APPR04FD BY 7NE qtt CWNOL aF 1HE qtt AT A REGULAR NEEDNG 1HEAEOF, NEID ON 1HE DAY OF , 2014 BY RESOIDNON NO CRY Ql7tR, pTY !lF CNUU NSiA FlLED iN THE OFFICE Df THE tltt CIERN OF THE qtt W CHUU NSTA THIS_DAY OF .2012 LEGEND: ® AREA W RAPROYENENTS __ _ FlNAL ASSESSMENT DISTRICT BWNOARY N.A.P. NoT a PART aF asmlcr FILED THIS_DAY OF 2012, IN BOpC AT PAGE aF MAP CF ASSESSMENT DISTPoCTS IN THE OFFlCE dF THE COUNtt RECORDER !)F THE CWNtt OF $AN DIEGO, STATE OF CAIlFORMA CWNtt RECORDER, C(A1NTY OF SAN DIECO REFERENCE IS HEREBY NAOE TO THE CWNTY OF SAN DIECO, STATE Qi CALIFORNIA ASSESSOR PMCEL NAPS FOR DETAILED DIMENSIONS CF INOINOUAL PARGEL.. RESOLUTION NO. 2012 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ELM AVENUE ASSESSMENT DISTRICT 2010-02 WHEREAS, pursuant to Resolution 2011-056, adopted on April O5, 2011, the City Council accepted a petition requesting the formation of an Assessment District for Elm Avenue between Naples Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolution 2011-183, adopted on September 20, 2011, the City Council, approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2010-02 (Elm Avenue), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, pursuant to Resolution 2011-224, adopted on November 15, 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 $520,075 to the low bidder, Tri-Group Construction and Development, Inc., pursuant to Resolution No. 2012-007 on January 24, 2012; and WHEREAS, the construction of the improvements is complete and the final Engineer's Report for Elm Avenue Sidewalk Improvements 1913 Act Assessment District AD 2010-02 dated November 06, 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 Elm Avenue Assessment District 2010- 02. Presented by ApproXed as to form by Richard A. Hopkins ~len R. Goc(g Director of Public Works City Attorney 2-22 RESOLUTION NO. 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 ELM AVENUE ASSESSMENT DISTRICT 2010-02 WHEREAS, pursuant to Resolution 2011-056 adopted on April O5, 2011, the City Council accepted a petition requesting the formation of an Assessment District for Elm Avenue between Naples Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, on September 20, 2011, Council adopted Resolution 2011-183 and approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2010-02 (Elm Avenue) for the proposed Assessment District No. 2010-02, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on September 21, 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 November 15, 2011; and WHEREAS, on November 15, 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 2011-224, adopted on November 15, 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 $520,075 to the low bidder, Tri-Group Construction and Development, Inc., pursuant to Resolution No. 2012-007 on January 24, 2012; and 2-23 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 Elm Avenue Assessment District 2010-02. Presented by Richard A. Hopkins Director of Public Works Approved as to fo~ by ~ . ---~ i~-~~ I _, Qil~n R. Googitks City Attorney 2-24 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 2010-02, 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 2010-056 adopted on April O5, 2011, the City Council accepted a petition requesting the formation of an Assessment District for Elm between Naples Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolutions 2011-183, adopted on September 20, 2011, the City Council, approved the Preliminary Engineer's Report, adopted a map showing the proposed boundazies for Assessment District No. 2010-02 (Elm Avenue), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, on September 21, 2011, ballots and ballot materials were mailed to property owners. Property owners were informed that the ballots needed to be received by the City Clerk's office prior to 4:00 p.m. on November 15, 2011; and WHEREAS, a public hearing was held on November I5, 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 2011-224, adopted on November 15, 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 $520,075 to the low bidder, Tri-Group Construction and Development, Inc., pursuant to Resolution No. 2012-007 on January 24, 2012; 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 2-25 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 2010-02, 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 Appro~Ged as to f~rm by Richard A. Hopkins IGl,en R. Goog Director of Public Works Ci y Attorney 2-26 Resolution No. Page 3 EXHIBIT "A" Assessor's Parcel Number Property Address Preliminary Assessment from preliminary En ineer'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 Naples Street $4,473 $2,880 619-122-34-00 1101 Del 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 $1,806 619-132-01-00 ' 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 I 151 Naples Street $4,555 $1,806 619-141-04-00 ~ 149 Naples Street $5,025 $2,532 619-141-OS-00 141 Naples Street $6,960 $4,422 619-141-06-00 137 Naples Street $3,695 $2,304 2-27