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Home My WebLink About2013/03/05 Item 05I I :~.~~ CITY COUNCIL AGENDA STATEMENT ~ w~i ~~ CITY OF CHULA VISTA 3/5/13, Item ~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR DEL MAR AVENUE ASSESSMENT DISTRICT 2011-01 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 DEL MAR AVENUE ASSESSMENT DISTRICT 2011-01 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2011-01, 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 COUNT OF SAN DIEGO SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF ENGINEERING 716¢ ~„~ REVIEWED BY: CITY MANAGER ASSISTANT CIT ANAGER 4/STHS VOTE: YES ^ NO SUMMARY On April 17, 2012, City Council adopted Resolution No. 2012-061, certifying the results of the public heazing 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 June 19, 2012, Council adopted Resolution No. 2012-113 awarding a contract in the amount of $ 620,610 for construction of the "Del Maz Avenue Sidewalk Improvements between Naples Street and Oxford Street in the City of 5-1 3/5/13, Item 5 Page 2 of 6 Chula Vista, California (STL385)" Project to HTA Engineering and Construction, Inc., of San Diego. The work is completed and a resolution 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 for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the activity consists of administrative/fiscal actions that will not result in direct or indirect physical changes to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On October 11, 2011, City Council adopted Resolutions 2011-199 accepting a petition signed by the property owners along Del Maz Avenue between Naples Street and Oxford Street for the formation of an assessment district pursuant to the Block Act to finance construction of missing sidewalk improvements (Attachment 1). On February 28, 2012, Council adopted Resolution 2012-021 approving the Preliminary Engineer's Report for proposed Assessment District No.2011-O1, 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, survey, and design staff costs, was estimated to be $900,000, of which the property owners' share was estimated to be $134,885 to cover the costs of constructing concrete driveways and any private improvement relocations. These ballots were subsequently mailed to the property owners on February 29, 2012. On April 17, 2012, City Council held the public heazing on the Del Mar Avenue Sidewalk Improvements Assessment District Project. There was no public testimony, and the hearing was closed and ballots were tabulated. Eighty-four percent of the votes cast by property owners were in favor of the proposed Assessment District formation. City Council adopted Resolution No.2012-061 (Attachment 3), which certified the results of the public heazing and Assessment District ballot 5-2 3/5/13, Item S Page 3 of 6 tabulations and ordered 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 six (6) contractors for the construction phase: BID ACTUAL BID AMOUNT AMOUNT CONTRACTOR DETERMINATION OF BID (At Bid (Corrected for RESPONSIVENESS Opening) Math Errors) Portillo Concrete Inc., Lemon Mathematical Error. Actual bid $568,315 $643,915 Grove, CA amount is fourth lowest Latco Constmction Inc., San Mathematical Error. Actual bid is $589,595 $593,703 Diego, CA lowest. However, bid was determined to be non-responsive because analysis of bid shows that Contractor will not perform at least 50% of the work with his or her own or anization. HTA Engineering and Actual lowest responsive bid $620,610 No Math Construction Inc., San Diego, Errors CA Tri-Group Construction & Responsive $640,000 No Math En ors Development, Inc., San Diego, CA Palm Engineering Construction Responsive $646,225 No Math Errors Com an ,Inc., San Die o, CA New Century Construction Inc., Mathematical Error $683,100 $678,100 Lakeside, CA Staff reviewed the apparent lowest bid submitted by Portillo Concrete, Inc., and, determined that the bid is non-responsive because the Contractor's total bid amount is incorrect due to a mathematical error, which resulted in a determination that the contractor's bid is actually the fourth lowest bid received. Staff then reviewed the apparent second lowest bid submitted by Latco Construction, Inc. and determined that the bid isnon-responsive due to a mathematical error and because the Contractor's bid does not comply with Section 2-03 of the Project Specifications, which requires that the Contractor perform at least 50% of the contract work with his or her own organization. Staff then reviewed the third lowest bid submitted by HTA Engineering and Construction, Inc. (HTA) and determined that the bid package is complete, with no errors or omissions. HTA has listed two Woman Business Enterprises (WBE) and one Minority Business Enterprise (MBE) as subcontractors for the project. The bid submitted by HTA Engineering and Construction, Inc. is below the Engineer's estimate of $680,000 by $59,390, or approximately 8.7%. 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 5-3 3/5/13, Item ~ Page 4 of 6 recommended awazding a contract to HTA Engineering and Construction, Inc. of San Diego, California in the amount of $620,610 on June 19, 2012 per Council Resolution 2012-113. HTA Engineering and Construction, Inc. have satisfactorily performed construction projects of similar scope for the City in the past. The Contractor's License No. 798372 is current and active. HTA Engineering and Construction, Inc. have 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 owner's totals $93,086. Final Cost Staff has completed the accounting of the expenditures and apportionment to properly owners, as shown in the Final Engineer's Report (Attachment 4). This document amends the Preliminary Engineer's Report dated February 21, 2012, and adopted by Council on February 28, 2012. Since the amounts now allocated to the property owners based on actual construction costs aze equal to or less than the amounts originally included on the homeowners' ballots, an additional assessment ballot proceeding will not be required. The amounts shown in the following table 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. All of the required private improvement relocation was completed by the property owners prior to beginning construction. TABLE 1 Assessor's Parcel Number Property Address Preliminary Assessment from Preliminary Engineer's Report . Final Assessment 619-122-34 1101 DEL MAR AVE $7,530.00 $ 3,493 619-122-04 1103-1105 DEL MAR AVE $10,090.00 $ 4,956 619-122-OS 1107 DEL MAR AVE $3,915.00 $ 2,156 619-122-06 1109 DEL MAR AVE $4,455.00 $ 4,455 619-122-07 1111 DEL MAR AVE $4,015.00 $ 3,570 619-122-08 1113 DEL MAR AVE $2,845.00 $ 2,184 619-122-09 1131 DEL MAR AVE $2,415.00 $ 1,967 619-122-10 1137 DEL MAR AVE $2,305.00 $ 1,561 619-122-11 1141 DEL MAR AVE $1,605.00 $ 1,057 619-122-12 1149 DEL MAR AVE $5,415.00. $ 2,212 619-172-02 1159 DEL MAR AVE $6,580.00 $ 3,857 619-172-03 1163 DEL MAR AVE $4,045.00 $ 4,045. 619-172-04 1167 DEL MAR AVE $2,475.00 $ 1,911 5-4 3/5/13, Item ~ Page 5 of 6 Assessor's Parcel Number Property Address Preliminary Assessment from Preliminary Engineer's Report Final Assessment 619-172-OS 1171 DEL MAR AVE $2,415.00 $ 1,869 619-172-06 1179 DEL MAR AVE $2,685.00 $ 2,247 619-172-07 1185 DEL MAR AVE $2,895.00 $ 2,149 619-172-27 1187 DEL MAR AVE $2,415.00 $ 1,491 619-172-26 1189 DEL MAR AVE $2,415.00 $ 1,869 619-172-09 1195 DEL MAR AVE $3,895.00 $ 1,883 619-171-13 1194 DEL MAR AVE $2,145.00 $ 2,145 619-171-14 1180 DEL MAR AVE $2,205.00 $ 1,687 619-171-15 1178 DEL MAR AVE $2,145.00 $ 1,666 619-171-16 1172-1176 DEL MAR AVE $5,800.00 $ 4,375 619-171-17 1168 DEL MAR AVE $3,215.00 $ 2,443 619-171-18 1166 DEL MAR AVE $2,415.00 $ 1,869 619-171-19 1164 DEL MAR AVE $4,890.00 $ 4,011 619-171-20 1160 DEL MAR AVE $2,595.00 $ 2,517 619-171-22 1150-1152 DEL MAR AVE $3,595.00 $ 1,920 619-121-15 1144-1146 DEL MAR AVE $4,315.00 $ 2989 619-121-16 1140 DEL MAR AVE $4,895.00 $ 2,765 619-121-17 1138 DEL MAR AVE $2,605.00 $ 2,212 619-121-33 1132-1134 DEL MAR AVE $2,415.00 $ 1,435 619-121-32 1128-1130 DEL MAR AVE $2,105.00 $ 1,407 619-121-19 1124 DEL MAR AVE $2,895.00 ~ $ 2,373 619-121-20 1118 DEL MAR AVE $2,835.00 $ 2,590 619-121-21 1114 DEL MAR AVE $3,345.00 $ 1,393 619-121-22 1112 DEL MAR AVE $3,515.00. $ 2,586 619-121-23 1106 DEL MAR AVE $2,545.00 $ 1,771 Following confirmation of the final assessments, property owners will have the option of paying any portion of their assessment during a 30-day payoffperiod 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 often (10) years, together with interest on the unpaid principal at a maximum rate of seven percent per yeaz (7%). Based on the current interest rates, the City will charge five percent interest (5%) for a maximum period of ten yeazs. Property owners will have the option ofpaying 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. 5-5 3/5/13, Item Page 6 of 6 The assessment payment shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedures, sales 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 Pazk 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. 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 $ 840,000 was appropriated 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 Del Maz Avenue between Naples Street and Oxford Street. ONGOING FISCAL IMPACT A total of $93,086 will be repaid by properly owners during a 30-day payoff period for concrete driveway aprons and private improvement relocations. For assessments not fully paid during the payoff period will be repaid by property owners through the property tax rolls beginning in Fiscal Year 2013/2014 with interest at 5% per annum over a maximum of ten (10) years. 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 2011-199 2. Resolution 2012-021 3. Resolution 2012-061 4. Del Mar Ave AD 2011-01 Final Engineer's Report Prepared by: Boushra Salem, Senior Civil Engineer, Public Works Department -Engineering J:\EngineerWGENDA\CAS2013\03-OS-13\P.D2011-01 Final Eng Rpt & Lien.doc 5-6 ATTACHMENT ~ RESOLUTION NO. 2011-199 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 DEL MAR AVENUE BETWEEN NAPLES STREET AND OXFORD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS AND DIRECTING THE CITY ENGINEER TO PREPARE AND FILE AN ENGINEER'S REPORT AS REQUIRED BY LAW WHEREAS, residential properties along Del Maz Avenue between Naples Street and Oxford Street are currently without cwbs, 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, the boundary of the proposed assessment district is De] Maz 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 boundazies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 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 boundazies. 2. That it declares its intention to initiate proceedings to consider the formation of an assessment district to finance the construction of cwb, gutter, sidewalk and driveway aprons and to replace the pavement within the proposed assessment district boundazies. 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 Engineer's Report in conformance with California Constitution Article XIII D § 4 and the Municipal Improvement Act of 1913, Califomia Streets and I~ighways Code section 10000 et seq. 5-7 Resolution No. 2011-] 99 Page 2 Presented by Richard A. Hop i Director of Publ' Works PASSED, APPROVED, and ADOPTED b Approved as to form by --a-~ len R.~Fipogins ity Atto ey y the City Council of the City of Chula Vista, California, this 1 ] th day of October 2011 by the following vote: AYES: Councilmembers: Aguilaz, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Bensoussan ATTEST: Donna R. Norri , C ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ~~ ~u Cheryl Cox, yor I, Donna. R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 201]-199 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of October 2011. Executed this 1 Ith day of October 2011. t~l ,,T/1'o~,4~..~ onna R. Noms, C_ C, Ctty Clerk 5-8 ATTA~~4~~~NT ~ RESOLUTION NO. 2012-021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR DEL MAR AVENUE BETWEEN NAPLES STREET AND OXFORD STREET ASSESSMENT DISTRICT NO. 2011-01, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, residential properties along Del Mar Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 26 of the 40 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 October 11, 2011, pursuant to Resolution No. 2011-194, 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. 2952, Participation in 3913 Block Act Proceedings, requires that the City provide all. engineering, inspection and administrative services, as well as paying for al] 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 Del Mar Avenue between Naples Street and Oxford Street. 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 Del Mar Avenue Assessment District No. 2011-01 Boundary Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a map showing the proposed boundazies for Del Mar Avenue Assessment District No. 2011-01. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby approve the Preliminary Engineer's Report for Assessment District AD 2011-0] dated February 21, 2012. 5-9 Resolution No. 2012-021 Page 2 BE IT FURTHER RESOLVED that the City Counci] of the City of Chula Vista does hereby set the time and place for a public hearing on Tuesday, April 17, 2012 at 4:00 p.m. in City Council Chambers, to be conducted pursuant to the provisions of the Improvement Act of 1913 (the "Block Act"} and Article XIIID, of the Constitution of the State of California ("Article XIIID'. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby order the initiation of ballot proceedings in accordance with said Article XIIID. Presented by Approved as to form by ~.. , -~ ~ ~~ Richard o :ins Glen Googin Director of P blic Works otney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of February 2012 by the fallowing vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATATE~S~T: Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ,~ Cheryl Cox, } or I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-021 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of February 2012. Executed this 28th day of February 2012. Donna R. Norris, MC, City Clerk 5-10 ATTACHMENT 3 RESOLUTION NO. 2012-061 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. 20] 1-Ol (DEL MAR 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 Del Mar Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 26 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 February 28, 2012, the City Council adopted Resolution No. 2012-021 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2011-0] along Del Mar Avenue, set the time and place for a public hearing, and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista finds as follows: 1. That the Public Hearing for the formation of the Assessment District 2011-U1 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 February 29, 2012. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to be heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing, the ballots were counted by an impartial individual 5-11 Resolution No. 2012-061 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 andlor 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 2011-0] along Del Mar Avenue. 4. That the Council orders the construction of improvements related thereto. 5. Thal 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 Approved as to form by RichazdA. opcit~ len ogins Director of Public Works Attorne 5-12 Resolution No. 201?-061 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of April 2012 by the following vote: AYES: Councihnembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None C~ V Cheryl Cox, M or ATTEST: d~, Donna R. Norris, CM ,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. 2012-061 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 April 2012. Executed this 17th day of April 2012. Donna R~CMC, City Clerk 5-13 Resolution No. 2012-061 Page 4 EXHI$IT 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 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 Government Code, I, an impartial individual, did tabulate the ballots submitted and not withdrawn, in accordance with the provisions of subdivision (e) of Section 53753 of the Government Code at the hearing on CITY OF CHULA VISTA DL-L MAR AVENUE ASSESSMENT DISTRICT N0.2011-O1 in said City, held April 17, 2012. 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 16 NO 3 WITNESS of my hand and Official Seal this 17th day of Aori1, 20]2 Donna R. Noms, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA 5-14 ATTACHMENT FINAL ENGINEER'S REPORT For DEL MAR AVENUE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2011-01 ~ F !Q P P %ti~Z N C~. " h T z' w~ '-m s o ^+ a ~'~,~ ~ No. 61245 ~ ~;~ ~~~'T CIV1~- ~~~~ ~9~F~ CALAF~~'~• March 12, 2013 5-15 Background Del Mar Avenue between Naples Street and Oxford Street is designated as a Residential Street with a 60-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 Palomaz Street to the south. Existing improvements within the proposed assessment district generally consist of deteriorating asphalt streets with little or no other street improvements. There are no existing curb, gutter or sidewalk improvements on this segment of Del Maz Avenue. On October 11, 2011, by Resolution No. 2011-199, the City Council accepted a petition signed from 26 of the 40 owners of residential properties along Del Maz Avenue between Naples Street and Oxford Street 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 April 17, 2012, a Public Hearing was held at the City of Chula Vista Council Chambers and ballot proceedings were conducted. Eighty-four percent of the votes cast by property owners were in favor of Assessment District formation. On June 19, 2012, the City Council accepted bids and awarded a contract to HTA Engineering & Construction, Inc. of San. for the construction of street improvements on Del Mar Avenue between Naples Street and Oxford Street. 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 the California Constitution (Proposition 218) or applicable State law. According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements that would be in conflict with the new improvements, including utilities, and costs associated with construction of the curb, gutter and sidewalk, and street reconstruction. These costs would not be assessed to the property owners. The property owners would be responsible to pay for all costs associated with construction of the driveway apron serving their properties and for any costs associated with the relocation of private improvements (only if private improvements are located within the public right-of--way and in conflict with the new public improvements). Overall Design and Cost Estimate The project area and general location of improvements are shown on the attached Exhibit "A", the Final Boundary Map for Assessment District 2011-O1, Del .Maz Avenue Assessment District. The cost information contained in the table below was obtained Page 1 of 5 Final Engineer's Report Del Mar AVEtVIIE AD 2011-O1 5-16 from the Preliminary 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 pazcel, which will benefit from these improvements and would be a part of the district TABLE "1" Assessor's Parcel Number Property Address Private Improvements ''; Modifications i Preliminary Assessment 619-122-34 :1101 DEL MAR AVE Wood fence $7,530.00 619-122-04 :1103-1105 DEL MAR AVE Iron fence $10,090.00 619-122-OS 1107 DEL MAR AVE 'Picket Fence $3,915.00 619-122-06 1109 DEL MAR AVE Chain Link fence ~ $4,455.00 619-122-07 1111 DEL MAR AVE !None ~ $4,015.00 619-122-08 :1113 DEL MAR AVE I None $2,845.00 619-122-09 :1131 DEL MAR AVE ;None $2,415.00 619-122-10 1137 DEL MAR AVE ~ None i $2,305.00 619-122-11 1141 DEL MAR AVE 'i None $1,605.00 619-122-12 1149 DEL MAR AVE 1 Iron Fence $5,415.00 619-172-02 1159 DEL MAR AVE !Block wall $6,580.00 619-172-03 1163 DEL MAR AVE I Block wall $4,045.00 619-172-04 :1167 DEL MAR AVE ~ None $2,475.00 619-172-OS 1171 DEL MAR AVE None $2,415.00 619-172-06 s 1179 DEL MAR AVE None $2,685.00 619-172-07 1185 DEL MAR AVE ;None $2,895.00 619-172-27 :1187 DEL MAR AVE None $2,415.00 619-172-26 1189 DEL MAR AVE i None $2,415.00 619-172-09 j 1195 DEL MAR AVE ~ Block wall w/ Iron fence $3,895.00 619-171-13 :1194 DEL MAR AVE None ~ $2,145.00 619-171-14 1180 DEL MAR AVE ~ 1 Tree !~ $2,205.00 619-171-15 :1178 DEL MAR AVE !None $2,145.00 619-171-16 1172-1176 DEL MAR AVE 3 Trees i $5,800.00 619-171-17 1168 DEL MAR AVE ;None $3,215.00 619-171-18 '. 1166 DEL MAR AVE :None $2,415.00 619-171-19 ~ 1164 DEL MAR AVE None $4,890.00 619-171-20 ~ 1160 DEL MAR AVE ~ None j $2,595.00 619-171-22 '; 1150-1152 DEL MAR AVE 2 Trees $3,595.00 Page 2 of 5 Preliminary Engineer's Report Del Mar AVENUE AD 2011-01 5-17 Assessor's Parcel Number Property Address ~~ Private Improvements Modifications '' Preliminary '~.. Assessment I 619-121-IS :1144-1146 DEL MAR AVE Chain Link fence ; $4,315.00 619-121-16 1140 DEL MAR AVE '' Chain link fence, Block wall & 2 Trees $4,895.00 619-121-17 ~ 1138 DEL MAR AVE i ~ None $2,605.00 619-121-33 ! 1132-1134 DEL MAR AVE I None ~ $2,415.00 619-121-32 ~'~ 1128-1130 DEL MAR AVE :Chain link fence ~ $2,105.00 619-121-19 1124 DEL MAR AVE None $2,895.00 619-121-20 :1118 DEL MAR AVE ;None $2,835.00 619-121-21 ~ 1114 DEL MAR AVE 12 Trees $3,345.00 619-121-22 1 1112 DEL MAR AVE I 1 Tree $3,515.00 619-121-23 'i 1106 DEL MAR AVE f. Wood fence ~ $2,545.00 The improvements includes reconstruction of the street asphalt concrete, 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 north and south boundaries of the Del Mar Avenue Assessment District. Where driveways aze located, a driveway apron will 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 coordinated with utility companies to relocate some of their underground and overhead utilities to make room for the new improvements. Few 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 $ 587,689 and the project costs apportioned to the property owners is $ 93,083. Method of Aaportionment The City of Chula Vista has offered the Castle Park azea property owners an incentive to form Assessment Districts for the installation of street improvements. The City would pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Property owners would be required to pay for driveway aprons and for removal and/or relocation of 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 Page 3 of 5 Preliminary Engineer's Report Del Mar AVENUE AD 1011-O1 5-3 8 improvements from the public right-of--way that will interfere with the new street improvements. The breakdown of construction costs among the properties within the district is shown below (Table 2). For each property, the square footage of the driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway area 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 was completed by the property owners prior to beginning construction. Costs associated with the relocations were included with the preliminary assessment and not included in the Final Assessment calculations. TABLE"2" Assessor's Parcel Number Property Address Preliminary Assessment '~ from Preliminary En ineer's Re ort Final Assessment 619-122-34 ! 1101 DEL MAR AVE $7,530.00 $ 3,493 619-122-04 1 1103-1105 DEL MAR AVE I $10,090.00 j $ 4,956 619-122-OS ' 1107 DEL MAR AVE $3,915.00 ~ $ 2,156 619-122-06 1109 DEL MAR AVE $4,455.00 $ 4,455 619-122-07 1111 DEL MAR AVE $4,015.00 $ 3,570 619-122-08 ~ 1113 DEL MAR AVE $2,845.00 ~ $ 2,184 619-122-09 'i 1131 DEL MAR AVE ', $2,415.00 j $ 1,967 619-122-10 's 1137 DEL MAR AVE $2,305.00 ~ $ 1,561 619-122-11 ~ 1141 DEL MAR AVE $1,605.00 $ 1,057 619-122-12 j 1149 DEL MAR AVE $5,415.00 $ 2,212 619-172-02 1159 DEL MAR AVE ~ $6,580.00 $ 3,857 619-172-03 ,' 1163 DEL MAR AVE I $4,045.00 ~ $ 4,045 619-172-04 ? 1167 DEL MAR AVE $2,475.00 $ 1,911 619-172-OS :1171 DEL MAR AVE $2,415.00 $ 1,869 619-172-06 '~ 1179 DEL MAR AVE $2,685.00 ~ $ 2,247 619-172-07 1185 DEL MAR AVE ~ $2,895.00 $ 2,149 619-172-27 :1187 DEL MAR AVE $2,415.00 $ 1,491 619-172-26 :1189 DEL MAR AVE $2,415.00 $ 1,869 619-172-09 1195 DEL MAR AVE $3,895.00 $ 1,883 619-171-13 ~ 1194 DEL MAR AVE ~ $2,145.00 ~I $2,145 619-171-14 :1180 DEL MAR AVE $2,205.00 $ 1,687 619-171-15 1178 DEL MAR AVE ~ $2,145.00 $ 1,666 619-171-16 11172-1176 DEL MAR AVE $5,800.00 $ 4,375 Page 4 of 5 Preliminary Engineer's Report Del MarAVENUEAD 2011-01 5-19 Assessor's Parcel Number Property Address Preliminary Assessment from Preliminary En ineer's Re ort Final Assessment 619-171-17 1168 DEL MAR AVE $3,215.00 $ 2,443 619-171-18 ' 1166 DEL MAR AVE $2,415.00 $ 1,869 619-171-19 ~ 1164 DEL MAR AVE $4,890.00 $ 4,011 619-171-20 ! 1160 DEL MAR AVE $2,595.00 $ 2,517 619-171-22 ~ 1150-1152 DEL MAR AVE $3,595.00 $ 1,920 619-121-15 ~ 1144-1146 DEL MAR AVE $4,315.00 $ 2989 619-121-16 1140 DEL MAR AVE $4,895.00 $ 2,765 619-121-17 ', 1138 DEL MAR AVE $2,605.00 $ 2,212 619-121-33 '; 1132-1134 DEL MAR AVE $2,415.00 $ 1,435 619-121-32 ; 1128-1130 DEL MAR AVE $2,105.00 $ 1,407 619-121-19 ~ 1124 DEL MAR AVE $2,895.00 $ 2,373 619-121-20 1118 DEL MAR AVE $2,835.00 $ 2,590 619-121-21 ~ 1114 DEL MAR AVE ~ $3,345.00 $ 1,393 619-121-22 :1112 DEL MAR AVE ', $3,515.00 $ 2,586 619-121-23 ~ 1106 DEL MAR AVE ~~ $2,545.00 $ 1,771 Total of Final Assessments = ~ 93,086 to be paid by property owners 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 aze 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 azea; said loan is being repaid using annual HUD Community Development Block Grant (CDBG) allocations.. Q: IEngineeringlAll PrajectsVSTLISTL385 DeGNar (AD71-01)LlssessmentlEngfneer RptlFinal Eng Rptdac Page 5 of 5 Preliminary Engineer's Reyort Del Mar AVEIVZIE AD 2011-01 5-20 Q w ~_ m X W 1332lLS 0?JO~iYO s~ r `~ ~ ~ m .d.tl.N 'd'tl'N W < N 3nr avn m uu ~.v wn m •au ,,~ = 60-ZLL-6 L9 £L-LLL-6l9 0 3 a~,r wn m mu inr wn m wu ~ ~ 9Z-ZLl-6l9 4l-K1-6L9 <~ w 3~r LI'n m [YN 31r LYII m YCII z LZ-ZLl-6l9 Sl-lLl-6l9 ~3 $~ a~ ~~~ ~ffi ~,r wnmwu ~ LO-ZLt-6l9 r~r wn m scu-rtu i ~ i ~ Q ~r wnmuu 9t-lLl-6l9 ,~~G Z~ ~ ~ ~ 90-ZL1-6L9 "'"$ "' ~g o s ~ ~ sir wn m uu rv wn m rou a ~ ~ ~ r~ a °St ~Q SO-ZLl-6L9 Ll-lLl-6l9 ~~ ~ oS 8 L33 O V U s+v wnm vu ~r wnm rou ~~}~i ~i ~'Jl~ I ~/O W-ZLl-6 L9 BL-LLl-6l9 ~`1~ ffi~ m s ffi < r ~ W anv wnmrou ~v wnm»u ~~€ a~ ~Ha r ~ Q £0-ZLL-6l9 6L-lLt-6l9 I~'~ g H~~ (n ~ Q H ~'d ~a YS~~ W N N str um m esu aw wn m wu ~ ~ ~ ~ ~ u ~ ~ O ZO-ZLl-6l9 OZ-lL l-6t9 ~ ~ ~ ~~a Z W n ' s ~ V W ~ t~ ~~~/~~Wa dtlN ^s m ~ O p _ 1332lLS NOS2I3IY3 ~ ~o ~ ~ ~: s m Q ~ ~ Z <~ .d.tl.N b ~~ g o $S ~ ~ O~O () tj ~ ~ 3~r UY11 m Nlt-Mt < G a 2 ~ ~ a = ~R s~-lzl-sle N V N ~rav arms uu rv wn m au ~ I a W Q S U-ZZl-6l9 9l-LZL-6L9 ~ I z N M ~ acv wn m tcu rr wn m xu r ~ OL-ZZL-6l9 Ll-tZl-6l9 Q ~ U ~r wn m tcu yr wn m ~cu-zzu O 60-ZZ 1-619 ££-lZl-6l9 ~r wn m nu yr wn m au~zu 80-ZZ L-6l9 Z£-lzl-fi l9 U rr wn m uu ~v uvn m ~zu ~ Z ri LO-ZZl-6l9 6l-lZ L-6t9 ~~<~~Y aR 0 ~a"'~ m € ~r avn m rou air wn m ow o r $ ~ " ,~ 90-ZZL-6t9 O ~~SZ:~r 0 oz-~u-see gly~~ °~ ' y~y Y,r wnm[au yv YVllm Hll ~~~€t' a}~ SO-ZZl-6L9 lZ-lZl-6l9 ~ ~yoy~ 5 6c w W~2> 5 r wn m souKrou rr wn m zul ~ g ~ g ~ S ~ ~ '':.... 40-ZZ L-6l9 ZZ-lZl-6l9 <W r$ 8 ~ $N ~s 3lr wnm9nu Lisscc ~ YS~ ~ ~ F~< Z. £Z-lZt-6l9 ~~~g~ i a W~ o' b 31r lIYnm Wll qqq~~ ~ y €S .~.:: 6Nr 4£-ZZl-6l9 ~~~~~,~F '~~ ~~ '~~ ttlla7 'd'tl'N _aab8£~ a c6 ~:. 13321LS d6'N RESOLUTION NO. 2013 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR .DEL MAR AVENUE ASSESSMENT DISTRICT 2011-01 WHEREAS, pursuant to Resolution 2012-061, adopted on April 17, 2012, the City Council accepted a petition requesting the formation of an Assessment District for Del Mar Avenue between Naples Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolution 2012-021, adopted on February 28, 2012, the City Council, approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2011-01 (Del Mar Avenue), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, pursuant to Resolution 2012-061, adopted on NApril 17, 2012, 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 $620,610 to the low bidder, Tri-Group Construction and Development, Inc., pursuant to Resolution No. 2012-113 on June 19, 2012; and WHEREAS, the construction of the improvements is complete and the final Engineer's Report for Del Mar Avenue Sidewalk Improvements 1913 Act Assessment District AD 2011-01 dated March 12, 2013 (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 Del Mar Avenue Assessment District 2011-01. Presented by Approved as to form by Richard A. Hopkins Director of Public Works ~ ` G en R Go gins Ci tt ey 5-22 RESOLUTION NO. 2013 - 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 DEL MAR AVENUE ASSESSMENT DISTRICT 2011-01 WHEREAS, pursuant to Resolution 2011-199 adopted on October 11, 2011, the City Council accepted a petition requesting the formation of an Assessment District for Del Mar Avenue between Naples Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, on February 28, 2012, Council adopted Resolution 2012-021 and approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2011-01 (Del Mar Avenue) for the proposed Assessment District No. 2011-01, and set the time and place for a public heazing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on February 29, 2012, 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 April 17, 2012; and WHEREAS, on April 17, 2012, 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 eighty-four percent of the (84%) votes cast by property owners were in favor of the proposed Assessment District formation, 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 2012-061, adopted on April 17, 2012; 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 $620,610 to the low bidder, HTA Engineering and Construction Inc., pursuant to Resolution No. 2012-113 on June 19, 2012; and 5-23 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 aze 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 (1) accepts the deferral of the assessments; (2) establishes the rate of interest at five percent (5%) per year, with a maximum financing period of ten years; and (3) applies such interest rate and deferral period to all deferrals for Del Mar Avenue Assessment District 2011- 01. Presented by Approved as to form by Richard A. Hopkins Director of Public Works Gl n R. Gins Cit y 5-24 RESOLUTION N0.2012 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2011-01, 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 2011-199 adopted on October 11, 2011, the City Council accepted a petition requesting the formation of an Assessment District for De] Maz Avenue between Naples Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, pursuant to Resolutions 2012-021, adopted on February 28, 2012, the City Council, approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2011-01 (Del Mar Avenue), set the time and place for a public hearing, and ordered the initiation of assessment ballot proceedings; and WHEREAS, on February 29, 2012 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 April 17, 2012, a public hearing was held on April 17, 2012, and the ballots remained sealed. There was no public testimony, so the hearing was closed and ballots were tabulated; and WHEREAS, pursuant to Resolution 2012-061, adopted on April 17, 2012, 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 $620,610 to the low bidder, HTA Engineering and Construction Inc., pursuant to Resolution No. 2012-113 on June 19, 2012; and WHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only ninty-three thousand, eighty six dollars ($93,086 ), the cost of the concrete driveways and private improvement relocation, are to be assessed to the property owners; and 5-25 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 Sve 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 2011-01, 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 Approved as to form by Richard A. Hopkins Director of Public Works Glen R: Googins- ity Atto y 5-26 Resolution No. Page 3 EXHIBIT "A" Preliminary Assessment Assessor's Parcel property Address from Preliminary Final Number Engineer's Report Assessment 619-]22-34 1101 DEL MAR AVE $7,530.00 $ 3,493 619-122-04 1103-1105 DEL MAR AVE $10,090.00 $ 4,956 619-122-OS 1107 DEL MAR AVE $3,915.00 $ 2,156 619-122-06 1109 DEL MAR AVE $4,455.00 $ 4,455 619-122-07 1111 DEL MAR AVE $4,015.00 $ 3,570 619-122-08 1113 DEL MAR AVE $2,845.00 $ 2,184 619-122-09 1131 DEL MAR AVE $2,415.00 $ 1,967 619-122-10 1137 DEL MAR AVE $2,305.00 $ 1,561 619-122-11 1141 DEL MAR AVE $1,605.00 $ 1,057 619-122-12 1149 DEL MAR AVE $5,415.00 $ 2,212 619-172-02 1159 DEL MAR AVE $6,580.00 $ 3,857 619-172-03 1163 DEL MAR AVE $4,045.00 $ 4,045 619-172-04 1167 DEL MAR AVE $2,475.00 $ 1,911 619-172-OS 1171 DEL MAR AVE $2,415.00 $ 1,869 619-172-06 1179 DEL MAR AVE $2,685.00 $ 2,247 619-172-07 1185 DEL MAR AVE $2,895.00 $ 2,149 619-172-27 1187 DEL MAR AVE $2,415.00 $ 1,491 619-172-26 1189 DEL MAR AVE $2,415.00 $ 1,869 619-172-09 1195 DEL MAR AVE $3,895.00 $ 1,883 619-171-13 1194 DEL MAR AVE $2,145.00 $ 2,145 619-171-14 1180 DEL MAR AVE $2,205.00 $ 1,687 619-171-15 1178 DEL MAR AVE $2,145.00 $ 1,666 619-171-16 1172-1176 DEL MAR AVE $5,800.00 $ 4,375 619-171-17 1168 DEL MAR AVE $3,215.00 $ 2,443 619-171-18 1166 DEL MAR AVE $2,415.00 $ 1,869 619-171-19 1164 DEL MAR AVE $4,890.00 $ 4,011 619-171-20 1160 DEL MAR AVE $2,595.00 $ 2,517 619-171-22 1150-1152 DEL MAR AVE $3,595.00 $ 1,920 619-121-15 1144-1146 DEL MAR AVE $4,315.00 $ 2989 619-121-16 1140 DEL MAR AVE $4,895.00 $ 2,765 619-121-17 1138 DEL MAR AVE $2,605.00 $ 2,212 619-121-33 1132-I 134 DEL MAR AVE $2,415.00 $ 1,435 619-121-32 1128-1130 DEL MAR AVE $2,105.00 $ 1,407 619-121-19 1124 DEL MAR AVE $2,895.00 $ 2,373 619-121-20 1118 DEL MAR AVE $2,835.00 $ 2,590 619-121-21 1114 DEL MAR AVE $3,345.00 $ 1,393 619-121-22 1112 DEL MAR AVE $3,515.00 $ 2,586 619-121-23 1106 DEL MAR AVE $2,545.00 $ 1,771 5-27