HomeMy WebLinkAbout2013/05/07 Item 12w CITY COUNCIL
~'° AGENDA STATEMENT
~`~ CITY OF
--- CHULA VISTA
5/7/13, Item ~2
ITEM TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FOR FILING THE FINAL ENGINEER' S REPORT
FOR ALPINE AVENUE ASSESSMENT DISTRICT 2012-01
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 FORALPINE AVENUE ASSESSMENT
DISTRICT 2012-O1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS
FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2012-01,
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 C~ /~*'"Y OF SAN DIEGO
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS
ASSISTANT DIRECTOR OF ENGINEERING ~ ~ ~I~~/
REVIEWED BY: CITY MANAGERfprJDS
ASSISTANT CITY MANAGER
4/STHS VOTE: YES ^, NO
SUMMARY
On July 17, 2012, City Council adopted Resolution No.2012-150, certifying the results ofthe public
hearing and Assessment District ballot tabulation, and ordered the installation of improvements on
Alpine Avenue between Emerson Street and Oxford Street pursuant to the Improvement Act of 1913
(the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID").
On October 23, 2012, Council adopted Resolution No.2012-196 awarding a contract in the amount
of $ 515,271 for construction of the "Twin Oaks Avenue Sidewalk Improvements between Emerson
Street and Oxford Street (STL386) and Alpine Avenue Sidewalk Improvements between Emerson
Street and Oxford Street (STL379) in the City of Chula Vista, California" Project to Tri-Group
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5/7/13, Item ~Z
Page 2 of 6
Construction and Development, 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 April 17, 2012, City Council adopted Resolution 2012-059 accepting a petition signed by the
property owners along Alpine Avenue between Emerson 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 May 22, 2012, Council adopted Resolution 2012-084 approving
the Preliminary Engineer's Report for proposed Assessment District No. 2012-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 pazcel. The
total project cost, which includes construction, survey, and design staff costs, was estimated to be
$700,000, of which the property owners' shaze was estimated to be $57,554 to cover the costs of
constructing concrete driveways and any private improvement relocations. These ballots were
subsequently mailed to the property owners on May 23, 2012.
On July 17, 2012, City Council held the public hearing on the Alpine Avenue Sidewalk
Improvements Assessment District Project. There was no public testimony, and the heazing was
closed and ballots were tabulated. Ninety percent of the votes cast by property owners were in favor
of the proposed Assessment District formation. City Council adopted Resolution No. 2012-150
(Attachment 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.
r
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5/7/13, Item /Z
Page 3 of 6
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 eleven (] 1) contractors for the construction phase:
DETERMINATION OF BID BID
CONTRACTOR RESPONSIVENESS AMOUNT
1 Tri-Group Construction and Development, Responsive $515,271.00
Inc. -San Die o, CA
2 CA
Inc. -San Diego
Just Construction Non Responsive.° Contractor $522,226.00
,
, would erform < 50 /o of the work
3 HTA Engineering and Construction, Inc. - Non Responsive. Contractor $592,295.00
San Diego, CA would erform < 50% of the work
4 Bid proposal contained a
Koch-Armstrong General Engineering - mathematical error that changed the $614,903.80
Lakeside, CA rank of the submitted bid
5 Portillo Concrete, Ina -Lemon Grove, CA Responsive $642,455.80
6 Patriot Paving, Inc. -Orange, CA Responsive $661,826.00
7 Southland Paving, Ina -Escondido, CA Responsive $684,014.80
8 Palm Engineering Construction Company - Responsive $684,289.20
San Diego, CA
9 Bid proposal contained a
PAL General Engineering, Ina -San mathematical error that did not $698,193.60
Diego, CA change the results of the bid total
10 Hazazd Construction Company -San Responsive $731,718.00
Die o, CA
11 MJCConstruction-Bonita, CA Responsive $741,161.00
Staff reviewed the lowest bid submitted by Tri-Group Construction and Development, Inc. and
determined that the bid package was complete, with no errors or omissions. Tri-Group Construction
and Development, Inc. certified that two of its subcontractors as MBEs (Minority Business
Enterprises), one ofwhichps a WBE (Woman Business Enterprise).
The bid submitted by Tri-Group Construction and Development, Inc. was below the Engineer's
estimate of $670,000 by $154,729, or approximately 23%. The Engineer's estimate was based on
average prices for similar types of work completed during the previous three years. Staff reviewed
the low bid and recommended awarding a contract to Tri-Group Construction and Development, Inc.
of San Diego, California in the amount of $515,271 on October 23, 2012 per Council Resolution
2012-196.
Tri-Group Construction and Development, Inc. has completed the construction of the street
improvements. Of the total construction costs, only the costs for concrete driveways and private
improvement relocations were assessed to the property owners. The final construction costs to be
assessed to the property owner's along Alpine Avenue between Emerson Street and Oxford Street
totals $38,018.
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5/7/13, Item /Z
Page 4 of 6
Final Cost
Staff has completed the accounting of the expenditures and apportionment to property owners, as
shown in the Final Engineer's Report (Attachment 4). This document amends the Preliminary
Engineer's Report dated May 22, 2012, and adopted by Council on May 22, 2012. Since the
amounts now allocated to the property owners based on actual construction costs are equal to or less
than the amounts originally included on the homeowners' ballots, an additional assessment ballot
proceeding will not be required. The 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
En ineer's Re ort
Final Assessment
619-192-02 1155 ALPINE AVENUE $2,250.00 $ 1,620
619-192-03 1159 ALPINE AVENUE $2,510.00 $ 2,510
619-]92-04 1163 ALPINE AVENUE $3,158.00 $ 1,135
619-192-OS 1167 ALPINE AVENUE $2,898.00 $ 1,275
619-192-06 1169 ALPINE AVENUE $2,898.00 $ 2,470
619-192-07 1171 ALPINE AVENUE $3,550.00 $ 1,840
619-192-08 1181 ALPINE AVENUE $3,222.00 $ 2,400
619-192-09 1185 ALPINE AVENUE $3,158.00 $ 1,475
619-192-10 1187-1189 ALPINE AVENUE $2,250.00 $ 1,110
619-192-25 130-132 OXFORD ST $2,250.00 $ 960
619-191-13 1194-1198 ALPINE AVENUE $4,194.00 $ 2,910
619-191-14 1188 ALPINE AVENUE $2,250.00 $ 1,685
619-191-15 1184 ALPINE AVENUE $2,898.00 $ 1,990
619-191-16 1180 ALPINE AVENUE $3,222.00 $ 2,570
619-191-17 1172 ALPINE AVENUE ~ $3,482.00 $ 2,7$5
619-191-18 1168 ALPINE AVENUE $3,158.00 $ 3,158
619-191-19 1164 ALPINE AVENUE $2,898.00 $ 2,020
619-191-26 1160-1162 ALPINE AVENUE $2,834.00 $ 2,455
619-191-23 137 EMERSON STREET $4,474.00 $ 1,650
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5/7/13, Item /2
Page 5 of 6
Following confirmation of the final assessments, property owners will have the option ofpaying 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 of ten (10) years, together with interest on the unpaid principal at a maximum rate of seven
percent per year (7%). Based on the current interest rates, the City will charge five percent interest
(5%) for a maximum period often years. 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 Yeaz 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, 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 Park Area street improvements.
DECISION MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. 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 direct fiscal impact to the City for filing the Final Engineer's Report and approving the
final assessments to property owners.
A total of $500,000 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 Alpine Avenue between Emerson Street and Oxford Street.
ONGOING FISCAL IMPACT
A total of $38,018 will be repaid by property 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
Yeaz 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 proj ect and one-yeaz contractor maintenance period, the improvements will
require only routine normal maintenance of the street facilities and storm water best management
practices.
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5/7/13, Item~_
Page 6 of 6
ATTACHMENTS
1. Resolution 2012-059
2. Resolution 2012-084
3. Resolution 2012-150
4. Alpine Ave AD 2011-02 Final Engineer's Report
Prepared by: Boushra Salem, Senior Civil Engineer, Public Works Department -Engineering
7:\Engineer\AGENDA\CAS2013\OS-07-13V+Ipine AD Pinal Eng Rept & Lien revl.doc
12-6
ATTACHMENT
RESOLUTION NO. 2012-059
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR ALPINE
AVENUE BETWEEN EMERSON 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 DIRECTING THE CITY ENGINEER TO
PREPARE AND FILE AN ENGINEER'S REPORT AS
REQUIRED BY LAW
WHEREAS, residential properties along Alpine Avenue between Emerson Street and
Oxford Street are currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 12 of the 19 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 Alpine Avenue between
Emerson 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:
That it accepts a petition requesting the initiation of proceedings to consider the
formation of an assessment district for Alpine Avenue between Emerson Street and
Oxford Street 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 for Alpine Avenue between Emerson Street and Oxford Street to
finance the construction of curb, gutter, sidewalk and driveway aprons and to
replace the pavement within the proposed assessment district boundaries.
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 prepazed an Engineer's Report in conformance with Califomia Constitution
Article XIII D § 4 and the Municipal Improvement Act of ]913, Califomia Streets
and Highways Code section ] 0000 et seq.
12-7
Resolution No. 2012-059
Page 2
Presented by
Richaz A. op ns
Director of Pu lic Works
Approved as to form by
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: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
r
Cheryl Cox, M or
ATTEST:
~ ~~~~~~
onna R. Noms, C, 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. 2012-059 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 17th day of Apri12012.
Executed this 17th day of Apri12012.
/l~W) o
Donna R. Noms, C C, City Clerk
12-8
ATTACHMENT ~
RESOLUTION NO. 2012-084
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR ALPINE AVENUE
BETWEEN EMERSON STREET AND OXFORD STREET
ASSESSMENT DISTRICT NO. 2012-01, APPROVING THE
PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME
AND PLACE FOR A PUBLIC HEARING, AND ORDERING
THE INITIATION OF BALL07 PROCEEDINGS
WHEREAS, residential properties along Alpine Avenue between Emerson Street and
Oxford Street aze currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 12 of the 19 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 17, 20]2, pursuant to Resolution No. 20]2-059, the City Council
accepted the petition, declazed its intention to initiate proceedings to consider the formation of an
assessment district, and directed the City Engineer to prepare an Engineer's Report; and
WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings,
requires that the City provide all engineering, inspection and administrative services, as well as
paying for all relocation and reconstruction of the existing roadway, if required; and
WHEREAS, the project consists of wnstruction of curb, gutter, sidewalk and driveway
aprons, and resurfacing and widening of the existing asphali pavement along Alpine Avenue
between Emerson 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 Alpine Avenue
Assessment District No. 2012-O1 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 boundaries for Alpine Avenue Assessment
District No. 2012-O1.
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 2012-O1 dated
May 22, 2012.
12-9
Resolution No. 2012-084
Page No. 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, July 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 Califomia ("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
Richav
Director o ublic Works
Approved as to form by
len R. oogi
ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of May 2012 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, May
ATTEST:
ti~~~~
Donna R. Norris,'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. 2012-084 was duly passed, approved, .and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day of May 2012.
Executed this 22nd day of May 2012.
~~L~~
Donna R. Noms, CMC, City Clerk
12-10
ATTACHMENT
RESOLUTION NO. 2012-150
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. 2012-O1 (ALPINE 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 Alpine Avenue between Emerson Street and
Oxford Street are currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 12 of the 19 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 April 17, 2012, City Council accepted the aforementioned petition and
directed the City Engineer to prepaze a Preliminary Engineer's Report for the proposed district;
and
WHEREAS, on May 22, 2012, the City Council adopted Resolution No. 2012-084
approving the Preliminary Engineer's Report for the proposed Assessment District AD 2012-01
along Alpine 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 ofthe City of Chula Vista
finds as follows:
1. That the Public Hearing for the formation of the Assessment District 2012-01 was
properly noticed.
2. That Assessment Ballots, including the Notice of Public Heazing, were provided to all
owners within the approved Assessment District Boundary on May 23, 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 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.
12-11
Resolution No. 20] 2-150
Page No. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as
follows:
I . That the Council hereby receives and approves the Certificate of the Election Official and
Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official,
identifying the number of votes submitted for and/or against the establishment of the
assessment district and properties upon which such assessments shall be placed. A copy
of said Certificate and Statement is attached hereto, marked as Exhibit "A" and by this
reference, incorporatedhecein.
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
2012-01 along Alpine 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
Approved as to form by
-~~~~~.
Richazd opkins en R. G ogins
Director of PuKlic Works ey
12-12
Resolution No. 2012-150
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of July 2012 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, yor
ATTEST:
~~ ~~~~
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Noms, Ciry Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-150 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 July 2012.
Executed this 17th day of July 2012.
~,~~ ~ ~~
Donna R. Norris, CM ,City Clerk
12-13
Resolution No. 2012-150
Page 4
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF 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
ALPINE AVENUE ASSESSMENT DISTRICT
N0.2012-01
in said City, held July 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 9
NO 1'
WITNESS of my hand and Official Seal this 23 day of July, 2012
Donna R. Norris, CMC
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
12-14
~TT~#ildfEtd'f
FINAL
ENGINEER'S REPORT
For
ALPINE AVENUE
SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
AD 2012-01
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No. 67245
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May 07, 2013
12-15
Backeround
Alpine Avenue between Emerson Street and Oxford Street is designated as a Residential
Street with a 60-foot wide right-of--way and is located within the Castle Pazk azea of the
City of Chula Vista. The Castle Pazk azea is generally bounded by Third Avenue to the
west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south.
Existing improvements within the proposed assessment district generally consist of
deteriorating asphalt streets with little or no other street improvements. There aze no
existing curb, gutter or sidewalk improvements on this segment of Alpine Avenue.
On October 11, 2011, by Resolution No. 2011-200, the City Council accepted a petition
signed from 13 of the 20 owners of residential properties along Alpine Avenue between
Emerson 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. Resolution
No. 2011-200 also declazed.the City Council's intention to initiate proceedings to
consider the formation of an assessment district and directed the prepazation of the
required Engineer's Report for the proposed Alpine Avenue Assessment District.
Subsequently, on July 17,• 2012, a Public Hearing was held at the City of Chula Vista
Council Chambers and ballot proceedings were conducted. Eighty-nine percent of the
votes cast by property owners were in favor of Assessment District formation. City
Council adopted Resolution No. 2012-151.
On October 23, 2012, the City Council accepted bids and awazded a contract to Tri-
Group Construction and Development, Inc. of San Diego for the construction of street
improvements on Alpine Avenue between Emerson Street and Oxford Street.
Pursuant to Council Policy 505-1, Assessment Districts for the construction of infill street
improvements aze 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 aze located within the public right-of--way and in conflict with the new
public improvements).
Page 1 of 4
Preliminary Engineer's Report
AlpineAvenueAD2011-01 ~ 2-~ 6
Overall Design and Cost Estimate
The project azea and general location of improvements are shown on the attached Exhibit
"A", the Proposed Boundary Map for Assessment District 2011-02, Alpine Avenue
Assessment District. The cost information contained in the table below (Table "1") was
obtained 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 parcel, which will benefit from these improvements and
would be a part of the district:
TABLE "1"
Assessor's
Parcel
Number Property Address Private
Improvements Preliminary
Assessment
619-192-02 1155 ALPINE AVENUE None $2,250.00
619-192-03 1159 ALPINE AVENUE None $2,510.00
619-192-04 1163 ALPINE AVENUE None $3,158.00
619-192-OS 1167 ALPINE AVENUE None $2,898.00
619-192-06 1169 ALPINE AVENUE None $2,898.00
619-192-07 1171 ALPINE AVENUE Chain Link Fence
w/ Gate $3,550.00
619-192-08 1181 ALPINE AVENUE None $3,222.00
619-192-09 1185 ALPINE AVENUE None $3,158.00
619-192-10 1187-1189 ALPINE AVENUE None $2,250.00
619-192-25 130-132 OXFORD ST None $2,250.00
619-191-13 1194-1198 ALPINE AVENUE None $4,194.00
619-191-14 1188 ALPINE AVENUE None $2,250.00
619-191-15 1184 ALPINE AVENUE None $2,898.00
619-191-16 1180 ALPINE AVENUE None $3,222.00
619-191-17 1172 ALPINE AVENUE None $3,482.00
619-191-18 1168 ALPINE AVENUE None $3,158.00
619-191-19 1164 ALPINE AVENUE None $2,898.00
619-191-26 1160-1162 ALPINE AVENUE None $2,834.00
619-191-23 137 EMERSON STREET Chain Link Fence
w/ Gate $4,474.00
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 boundary of the Alpine Avenue Assessment District.
Page 2 of 4
Preliminary Engineer's Report ~ 2_ ~ ~
Alpine Avenue AD 2012-01
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 $ 307,130 and the project costs
apportioned to the property owners is $ 38,019.
Method of Anaortionment
The City of Chula Vista has offered the Castle Pazk 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 any private improvements
within the City right-of--way. The property owners' responsibility was estimated to be
$59,330 of the total project cost.
Costs must be apportioned to each property based on the area of the driveway aprons
along. the property's frontage and on the removal and/or relocation of private
improvements from the public right-of--way that will interfere with the new street
improvements.
The breakdown of construction costs among the properties within the district is shown
below (Table " 2"). For each property, the squaze footage of the driveway apron was
individually calculated. The calculation was broken into two parts: the actual driveway
and the wing azea 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 Property Address Preliminary Final
Parcel Assessment from Assessment
Number Preliminary
Engineer's
Re ort
619-192-02 1155 ALPINE AVENUE $2,250.00 $ 1,620
619-192-03 1159 ALPINE AVENUE $2,510.00 $ 2,510
619-192-04 1163 ALPINE AVENUE $3,158.00 $ 1,135
Page 3 of 4
Preliminary Engineer's Report 1 2_ 1 8
Alpine Avenue AD 2012-01
Assessor's
Parcel
Number Property Address Preliminary
Assessment from
Preliminary
Engineer's
Re ort Final
Assessment
619-192-OS 1167 ALPINE AVENUE $2,898.00 $ 1,275
619-192-06 1169 ALPINE AVENUE $2,898.00 $ 2,470
619-192-07 1171 ALPINE AVENUE $3,550.00 $ 1,840
619-192-08 1181 ALPINE AVENUE $3,222.00 $ 2,400
619-192-09 1185 ALPINE AVENUE $3,158.00 $ 1,475
619-192-10 1187-1189 ALPINE AVENUE $2,250.00 $ 1,110
619-192-25 130-132 OXFORD ST $2,250.00 $ 960
619-191-13 1194-1198 ALPINE AVENUE $4,194.00 $ 2,910
619-191-14 1188 ALPINE AVENUE $2,250.00 $ 1,685
619-191-15 1184 ALPINE AVENUE $2,898.00 $ 1,990
619-191-16 1180 ALPINE AVENUE $3,222.00 $ 2,570
619-191-17 1172 ALPINE AVENUE $3,482.00 $ 2,785
619-191-18 1168 ALPINE AVENUE $3,158.00 $ 3,158
619-191-19 1164 ALPINE AVENUE $2,898.00 $ 2,020
619-191-26 1160-1162 ALPINE AVENUE $2,834.00 $ 2,455
619-191-23 137 EMERSON STREET $4,474.00 $ 1,650
Total of Preliminary Assessments = $ 38,018
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 are all equal to or lower than the
Preliminary Assessment amounts, no additional ballot process is necessary.
All project costs was paid through aloes-interest United States Department of Housing
and Urban Development (HUD) Section 108 loan received specifically to fund full street
improvements in the Castle Park area; said loan is being repaid using annual HUD
Community Development Block Grant (CDBG) allocations.
Q.~ IEngineeringlAli ProjectslSTLISTL379 Alpine Ave(AD/2-O]) IAssessmentlSTL379 Fina[ Engineer Rept.doc
Page 4 of 4
Preliminary Engineer's Report ~ 2-~ 9
Alpine Avenue AD 1012-01
RESOLUTION NO. 2013 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FOR FILING THE FINAL
ENGINEER'S REPORT FOR ALPINE AVENUE ASSESSMENT
DISTRICT 2012-01
WHEREAS, pursuant to Resolution 2012-059, adopted on April 17, 2012, the City
Council accepted a petition requesting the formation of an Assessment District for Alpine
Avenue between Emerson Street and Oxford Street for the purpose of financing the construction
of sidewalk improvements; and
WHEREAS, pursuant to Resolution 2012-084, adopted on May 22, 2012, the City
Council approved the Preliminary Engineer's Report, adopted a map showing the proposed
boundaries for Assessment District No. 2012-01 (Alpine Avenue), set the time and place for, a
public heazing, and ordered the initiation of assessment ballot proceedings; and
WHEREAS, pursuant to Resolution 2012-150, adopted on July 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" Twin Oaks Avenue Sidewalk Improvements between
Emerson Street and Oxford Street (STL386) and Alpine Avenue Sidewalk Improvements
between Emerson Street and Oxford Street (STL379) improvements and awazded a contract in
the amount of $515,271 to the low bidder, Tri-Group Construction and Development, Inc.,
pursuant to Resolution No. 2012-196 on October 23, 2012; and
WHEREAS, the construction of the improvements is complete and the final Engineer's
Report for the Alpine Avenue Sidewalk Improvements 1913 Act Assessment District AD 2012-
01 dated May 07, 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 Alpine Avenue Assessment District
2012-01.
Presented by
Richard A. Hopkins
Director of Public Works
12-20
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 ALPINE AVENUE ASSESSMENT
DISTRICT 2012-01
WHEREAS, pursuant to Resolution 2012-059 adopted on April 17, 2012, the City
Council accepted a petition requesting the formation of an Assessment District for Alpine
Avenue between Emerson Street and Oxford Street for the purpose of financing the construction
of sidewalk improvements; and
WHEREAS, on May 22, 2012, Council adopted Resolution 2012-08a and approved the
Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment
District No. 2012-01 (Alpine Avenue) for the proposed Assessment District No. 2012-01, set the
time-and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings;
and
WHEREAS, on May 23, 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 July 17, 2012; and
WHEREAS, on July 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 ninety percent of the (90%) 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 2012-150, adopted on July 17, 2012; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding
process for the construction of the "Twin Oaks Avenue Sidewalk Improvements between
Emerson Street and Oxford Street (STL386) and Alpine Avenue Sidewalk Improvements
between Emerson Street and Oxford Street (STL379) improvements and awarded a contract in
the amount of $515,271 to the low bidder, Tri-Group Construction and Development, Inc., of
San Diego, pursuant to Resolution No. 2012-196 on October 23, 2012; and
12-21
Resolution No.
Page 2
WHEREAS, the construction of the improvements is complete; and
WHEREAS, of the total construction costs, only the costs of the concrete driveways and
private improvement relocation 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 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 Alpine Avenue Assessment District 2012-01.
Presented by
Richard A. Hopkins
Director of Public Works
12-22
RESOLUTION NO. 2013 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL
ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT
DISTRICT 2012-01, 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 2012-059 adopted on April 17, 2012, the City
Council accepted a petition requesting the formation of an Assessment District for Alpine
Avenue between Emerson Street and Oxford Street for the purpose of financing the construction
of sidewalk improvements; and
WHEREAS, pursuant to Resolutions 2012-084, adopted on May 22, 2012, the City
Council approved the Preliminary Engineer's Report, adopted a map showing the proposed
boundaries for Assessment District No. 2012-01 (Alpine Avenue), set the time and place for a
public hearing, and ordered the initiation of assessment ballot proceedings; and
WHEREAS, on May 23, 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 July 17, 2012; and
WHEREAS, a public hearing was held on July 17, 2012, and the ballots remained sealed.
There was no public testimony, so the heazing was closed and ballots were tabulated; and
WHEREAS, pursuant to Resolution 2012-150, adopted on July 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 Arkicle 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 "Twin Oaks Avenue Sidewalk Improvements between
Emerson Street and Oxford Street (STL386) and Alpine Avenue Sidewalk Improvements
between Emerson Street and Oxford Street (STL379) improvements and awarded a contract in
the amount of $515,271 to the low bidder, Tri-Group Construction and Development, Inc., of
San Diego, pursuant to Resolution No. 2012-196 on October 23, 2012; and
WHEREAS, the construction of the improvements is complete; and
12-23
Resolution No.
Page 2
WHEREAS, of the total construction costs, only thirty eight thousand and eighteen
dollazs ($38,018), the cost of the. concrete driveways and private improvement relocation, aze to
be assessed to the property owners; and
WHEREAS, the amount to be assessed the property owners has been apportioned in an
amount equal to the benefits received by the properties; and
WHEREAS, the assessment amounts for each property aze identified in Exhibit A,
attached hereto; and
WHEREAS, each property owner will be granted thirty (30) calendaz 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
yeaz on any unpaid balance, shall be collected over a maximum period often (10) years; and
WHEREAS, the collection of assessments shall be at the same time and manner as other
City property taxes and assessments aze 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
2012-01, authorizes the placement of liens in the amount of the assessments on the respective
properties, and authorizes the collection of the assessments at the same time and in the same
manner as other city property taxes and assessments are collected by the County Recorder of the
County of San Diego.
Presented by
Richard A. Hopkins
Director of Public Works
12-24
Resolution No.
Page 3
EXHIBIT "A"
Assessor's Parcel
Number
property Address Preliminary
Assessment from
Preliminary
En ineer's Re ort
Final
Assessment
619-192-02 1155 ALPINE AVENUE $2,250.00 $ 1,620
619-192-03 1159 ALPINE AVENUE $2,510.00 $ 2,510
619-192-04 1163 ALPINE AVENUE $3,158.00 $ 1,135
619-192-OS 1167 ALPINE AVENUE $2,898.00 $ 1,275
619-192-06 1169 ALPINE AVENUE $2,898.00- $ 2,470
619-192-07 1171 ALPINE AVENUE $3,550.00 $ 1,840
619-192-08 1181 ALPINE AVENUE $3,222.00 $ 2,400
619-192-09 1185 ALPINE AVENUE $3,158.00 $ 1,475
619-192-10 1187-1189 ALPINE AVENUE $2,250.00 $ 1,110
619-192-25 130-132 OXFORD ST $2,250.00 $ 960
619-191-13 1194-1198 ALPINE AVENUE $4,194.00 $ 2,910
619-191-14 1188 ALPINE AVENUE $2,250.00 $ 1,685
619-191-15 1184 ALPINE AVENUE $2,898.00 $ 1,990
619-191-16 1180 ALPINE AVENUE $3,222.00 $ 2,570
619-191-17 1172 ALPINE AVENUE $3,482.00 $ 2,785
619-191-18 1168 ALPINE AVENUE $3,158.00 $ 3,158
619-191-19 1164 ALPINE AVENUE $2,898.00 $ 2,020
619-191-26 1160-1162 ALPINE AVENUE $2,834.00 $ 2,455
619-191-23 137 EMERSON STREET $4,474.00 $ 1,650
12-25