HomeMy WebLinkAbout2013/05/07 Item 13CITY COUNCIL
AGENDA STATEMENT
~~~ CITY OF
---~- CHULAVISfA
5/7/13, Item ~3
ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FOR FII.ING THE FINAL ENGINEER'S REPORT
FOR TWIN OAKS AVENUE ASSESSMENT DISTRICT 2011-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE DEFERRAL_ _OF ASSESSMENTS;
ESTABLISHING THE RATE OF INTEREST AT FIVE PERCENT (5%)
PER YEAR, WITH A MAXIMUM FINANCING PERIOD OF TEN
YEARS; AND APPLYING SUCH INTEREST RATE AND DEFERRAL
PERIOD TO ALL DEFERRALS FOR TWIN OAKS AVENUE
ASSESSMENT DISTRICT 2011-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS
FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2011-02,
AUTHORIZING THE PLACEMENT OF LIENS IN THE AMOUNT OF
THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND
AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE
SAME TIME AND IN THE SAME MANNER AS OTHER CITY
PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
SUBMITTED BY: DIRECTOR OF PUBLIC WORKS , ~ ,
ASSISTANT DIRECTOR OF ENGINEERING ~i ~~
REVIEWED BY: CITY MANAGEI~fa~JDs
ASSISTANT CITY MANAGER
4/STHS VOTE: YES ^ NO
SUMMARY
On July 17, 2012, City Council adopted Resolution No.2012-151, certifying the results of the public
heazing and Assessment District ballot tabulation, and ordered the installation of improvements on
Twin Oaks 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 awazding a contract in the
amount of $ 515,271 for construction of the "Twin Oaks Avenue Sidewalk Improvements between
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Page 2 of 6
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 Construction and Development, Inc., of San Diego. The work is completed and a resolution is
now required to accept filing of the Engineer's Repor[ on the cost of construction, to approve the
deferral of assessments, to establish the rate of interest and fmancing 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) ofthe 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 Resolution 2011-200 accepting a petition signed by the
property owners along Twin Oaks 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 2012-085
approving the Preliminary Engineer's Report for proposed Assessment District No.2011-02, setting
the time and place for a public heazing, and ordering the initiation of Assessment District ballot
proceedings (Attachment 2).
Cost Information
The cost information contained in Table 1, under Preliminary Assessment, was obtained from the
Preliminary Engineer's Report and was included on the property owners' Assessment District ballots
as the amount ofthe 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
$546,500, of which the property owners' share was estimated to be $59,330 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 Twin Oaks Avenue Sidewalk
Improvements Assessment District Project. There was no public testimony, and the hearing was
closed and ballots were tabulated. Eighty-nine percent of the votes cast by property owners were in
favor of the proposed Assessment District formation. City Council adopted Resolution No.2012-151
(Attachment 3), which certified the results of the public hearing and Assessment District ballot
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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 awazded the contract to the lowest responsive
bidder. The City received the following bids from eleven (11) contractors for the construction phase:
CONTRACTOR DETERMINATION OF BID BID AMOUNT
RESPONSIVENESS
1 Tri-Group Construction and Responsive $515,271.00
Develo ment, Inc. -San Die o, CA
2 Just Construction, Inc. -San Diego, CA Non Responsive.°Contractor
would perform < 50% of the work $522,226.00
3 HTA Engineering and Construction, Inc. Non Responsive. Contractor $592,295.00
- San Diego, CA would erform < 50% of the work
q 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, Inc. -Lemon Grove, Responsive $642,455.80
CA
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 Die o, CA
9 Bid proposal contained a
PAL General Engineering, Ina -San mathematical error that did not $698,193.60
Diego, CA chap a the results of the bid total
10 Hazard Construction Company -San Responsive $731,718.00
Die o, CA
11 MJC Construction -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 two of its subcontractors as.MBEs (Minority Business Enterprises),
one of which is 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 similaz 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 Twin Oaks Avenue between Emerson Street and Oxford
Street totals $34,600.
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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 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 aze 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
properly owners prior to beginning construction.
TABLE 1
Assessor's
Parcel
Number
Property Address Preliminary
Assessment from
Preliminary Engineer's
Re ort
Final Assessment
619-181-01 1151 Twin Oaks Ave &
231-223 Emerson St $2,955.00 $ 1,390
619-181-02 1 I55-1157 Twin Oaks Ave $4,035.00 $ 2,635
619-181-03 1159 Twin Oaks Ave $2,405.00 $ 1,195
619-181-04 1 ]61- 1163 Twin Oaks Ave $3,750.00 $ 2,455
619-181-OS 1171 Twin Oaks Ave $3,210.00 $ 1,980
619-181-06 1175 Twin Oaks Ave $4,550.00 $ 2,510
619-181-07 1183 Twin Oaks Ave $2,810.00 $ 2,515
619-181-08 1185 Twin Oaks Ave $1,605.00 $ 970
619-181-09 1191 Twin Oaks Ave $1,865.00 $ 1,100
619-181-10 1195 Twin Oaks Ave &
230 Oxford St $3,360.00 $ 1,880
619-172-15 1184 Twin Oaks Ave $2,585.00 $ 2,170
619-172-16 1182 Twin Oaks Ave $3,215.00 $ 1,785
619-172-17 1180 Twin Oaks Ave $3,215.00 $ 1,380
619-172-18 1176 Twin Oaks Ave $4,570.00 $ 1,575
619-172-19 1170 Twin Oaks Ave $3,630.00 $ 2,$75
619-172-20 1166 Twin Oaks Ave $1,875.00 $ 1,260
619-172-21 1160-1158 Twin Oaks Ave $2,060.00 $ 1,155
619-172-22 1154 Twin Oaks Ave $3,090.00 $ 1,585
619-172-25 1152 Twin Oaks Ave &
239 Emerson St $4,545.00 $ 2,185
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Following confirmation of the final assessments, property owners will have the option of paying any
portion of their assessment during a 30-day payoff period following the completion of improvements
and confirmation of assessments. For assessments not fully paid during that time, Section 5895 of
the Streets and Highways Code permits the City to collect the unpaid balance over a maximum
period often (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 chazge five percent interest
(5%) for a maximum period of ten yeazs. Property owners will have the option of paying the balance
of their assessments at any time during a 30-day repayment period without penalty. The remaining
balance will be paid through the property tax rolls beginning in Fiscal 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 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 awaze, nor has staffbcen 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 $600,000 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 Twin Oaks Avenue between Emerson Street and Oxford Street.
ONGOING FISCAL IMPACT
A total of $34,600 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
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.
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5/7/13, Item ~3
Page 6 of 6
ATTACHMENTS
1. Resolution 2011-200
2. Resolution 2012-085
3. Resolution 2012-151
4. Twin Oaks Ave AD 2011-02 Final Engineer's Report
Prepared by: Boushra Salem, Senior Civil Engineer, Public Works Department -Engineering
7:\Engineer4lGENDA\CAS2013\OS-07-13\TwinOaks AD Final Eng Rept & Lien revl.doc
13-6
ATTACHMENT 1
RESOLUTION NO. 2011-200
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRICT FOR TWIN
OAKS 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 Twin Oaks Avenue between Emerson Street and
Oxford Street are currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 13 of the 20 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 Twin Oaks 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 to fmance the construction of curb, gutter,
sidewalk and driveway aprons and to replace the pavement within the proposed
assessment district boundaries.
2. That it declazes its intention to initiate proceedings to consider the formation of an
assessment district to finance the construction of curb, gutter, sidewalk and
driveway aprons and to replace the pavement within the proposed assessment
district boundaries.
That it refers the proposed constmction 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 California Constitution
Article XIII D § 4 and the Municipal Improvement Act of 1913, California Streets
and Highways Code section 10000 et seq.
13-7
Resolution No. 2011-200
Page 2
Presented by
Approved as to form by
Richafd A. )!36pkin~/ Glelf R~}sctgins /\\ \ / ~
Duector of Publ~ orks City ]~erk, \ ~~\`{ /~
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of October 2011 by the following vote:
AYES: Councilmembers: Aguilaz, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Bensoussan
ATTEST:
~~~~~
Donna R. Noms, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
Cheryl Cox, M or
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-200 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 11th day of October 2011.
Executed this 11th day of October 2011.
Donna R. Norris, CM ,City Clerk
13-8
ATTACHMENT 2
RESOLUTION NO. 2012-085
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MAP SHOWING THE
PROPOSED BOUNDARIES FOR TWIN OAKS AVENUE
BETWEEN EMERSON STREET AND OXFORD STREET
ASSESSMENT DISTRICT NO. 2011-02, APPROVING THE
PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME
AND PLACE FOR A PUBLIC HEARING, AND ORDERING
THE INITIATION OF BALLOT PROCEEDINGS
WHEREAS, residential properties along Twin Oaks Avenue between Emerson Street and
Oxford Street aze currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 13 of the 20 property owners of
this neighborhood requesting the initiation of proceedings to consider the forsnation of an
assessment district to finance the construction of these improvements; and
WHEREAS, on October I1, 2011, pursuant to Resolution No. 2011-200, 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,
requites that the City provide all engineering inspection and administrative services, as well as
paying for all relocation and reconstruction of the existing roadway, if required; and
WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway
aprons, and resurfacing and widening of the existing asphalt pavement along Twin Oaks 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 Twin Oaks Avenue
Assessment District No. 2011-02 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 Twin Oaks Avenue
Assessment District No. 2011-02.
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 2011-02 dated
May 22, 2012.
13-9
Resolution No. 2012-085
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 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
f-~f ,
Richazd A. H pkins Glen R. G ogi s
Director of Public Works mey
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: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox; Ma r
ATTEST:
~~~~~~
Donna R. Norris, MC C City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2012-085 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 22nd day of May 2012.
Executed this 22nd day of May 2012.
Donna R. Norris, CMC, City Clerk
13-10
ATTA~H~~ENT -3
RESOLUTION NO. 2012-I51
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. 2011-02 (TWIN OAKS 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 Twin Oaks Avenue between Emerson Street and
Oxford SVeet aze currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 13 of the 20 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 October 11, 2011, the City Council accepted the aforementioned petition
and directed the City Engineer to prepaze a Preliminary Engineer's Report for the proposed
assessment district; and
WHEREAS, on May 22, 2012, the City Council adopted Resolution No. 2012-085
approving the Preliminary Engineer's Report for the proposed Assessment District AD 2011-02
along Twin Oaks 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 2011-02 was
properly noticed.
2. That Assessment Ballots, including the Notice of Public Hearing, were provided to all
owners within the approved Assessment District Boundary on May 23, 2012.
3. That the Public Heazing 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.
13-11
Resolution No. 2012-151
Page No. 2
BE IT FURTI-IER RESOLVED by the City Council of the City of Chula Vista as
follows:
1. That the Council hereby receives and approves the Certificate of the Election Official and
Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official,
identifying the number of votes submitted for and/or against the establishment of the
assessment district and properties upon which such assessments shall be placed. A copy
of said Certificate and Statement is attached hereto, mazked as Exhibit "A" and by this
reference, incorporatedperein.
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
2011-02 along Twin Oaks 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
Richard A. Hop s en R. Go ins
Director of Pu is Works ~ty Atto
13-12
Resolution No. 2012-151
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Counci] of the Ciry 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, or
ATTEST:
~~~ ~~
Donna R.. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHLTLA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2012-151 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 July 2012.
Executed this 17th day of July 2012.
~~ ~~~~
Donna R. Norris, CMC, City Clerk
13-13
Resolution No. 2012-151
Page 4
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICL~I.
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
TWIN OAKS AVENUE ASSESSMENT DISTRICT
NO.2011-02
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 aze full,
true, and correct.
VOTES CAST YES 8
NO 1
WITNESS of my hand and Official Seal this 23 day of July, 2012
Donna R. Noms, CMC
C[TY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
13-14
ATT~
FINAL
ENGINEER'S REPORT
For
TWIN OAKS AVENUE
SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
- AD 2011-02
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May 07, 2013
13-15
Back round
Twin Oaks 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 Park azea 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 Twin Oaks 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 Twin Oaks 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 hnprovement 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 Twin Oaks 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 awarded a contract to Tri-
Group Construction and Development, Inc. of San Diego for the construction of street
improvements on Twin Oaks 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 Califomia 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
Preliminary Engineer's Report
Twin Oaks Avenue AD 2011-02
Page 1 of 4
13-16
improvements aze located within the public right-of--way and in conflict with the new
public improvements).
Overall Design and Cost Estimate
The project azea and general location of improvements aze shown on the attached Exhibit
"A", the Final Boundary Map for Assessment District 2011-02, Twin Oaks 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 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 Preliminary
Assessment
619-181-O1 1151 Twin Oaks Ave & 231-
223 Emerson St None $2,955.00
619-181-02 1155-1157 Twin Oaks Ave None $4,035.00
619-181-03 1159 Twin Oaks Ave None $2,405.00
619-181-04 1161- 1163 Twin Oaks Ave None $3,750.00
619-181-OS 1171 Twin Oaks Ave None $3,210.00
619-181-06 1175 Twin Oaks Ave None $4,550.00
619-181-07 1183 Twin Oaks Ave None $2,810.00
619-181-08 1185 Twin Oaks Ave None $1,605.00
619-181-09 1191 Twin Oaks Ave None $1,865.00
619-181-10 1195 Twin Oaks Ave & 230
Oxford St None $3,360.00
619-172-15 1184 Twin Oaks Ave Chain Link Fence $2,585.00
619-172-16 1182 Twin Oaks Ave None $3,215.00
619-172-17 1180 Twin Oaks Ave Chain Link Fence $3,215.00
619-172-18 1176 Twin Oaks Ave Iron Fence w/ Block
Pillaz $4,570.00
619-172-19 1170 Twin Oaks Ave Picket Fence $3,630.00
619-172-20 1166 Twin Oaks Ave None $1,875.00
619-172-21 1160-1158 Twin Oaks Ave None $2,060.00
619-172-22 1154 Twin Oaks Ave None $3,090.00
619-172-25 1152 Twin Oaks Ave & 239
Emerson St None $4,545.00
Page 2 of 4
Final Engineer's Report
Twin Oaks Avenue AD 2011-02
13-17
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 Twin Oaks Avenue Assessment District.
Where driveways are 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 undergound 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 $ 307,129 an_ d the project costs
apportioned to the property owners is $ 34,600.
Method of Apportionment
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 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 azea 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 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.
Page 3 of 4
Final Engineer's Report
Twin Oaks Avenue AD 2011-02
13-18
TABLE"2"
Assessor's
Parcel
Number
Property Address Preliminary
Assessment from
preliminary
En ineer's Re ort
Final
Assessment
619-181-01 1151 Twin Oaks Ave & 231-
223 Emerson St $2,955.00 $ 1,390
619-181-02 1155-1157 Twin Oaks Ave $4,035.00 $ 2,635
619-181-03 1159 Twin Oaks Ave $2,405.00 $ 1,195
619-181-04 1161- 1163 Twin Oaks Ave $3,750.00 $ 2,455
619-181-OS 1171 Twin Oaks Ave $3,210.00 $ 1,980
619-181-06 1175 Twin Oaks Ave $4,550.00 $ 2,510
619-181-07 1183 Twin Oaks Ave $2,810.00 $ 2,515
619-181-08 1185 Twin Oaks Ave $1,605.00 $ 970
619-181-09 1191 Twin Oaks Ave $1,865.00 $ 1,100
619-181-10 1195 Twin Oaks Ave & 230
Oxford St` $3,360.00 $ 1,880
619-172-15 1184 Twin Oaks Ave $2,585.00 $ 2,170
619-172-16 1182 Twin Oaks Ave $3,215.00 $ 1,785
619-172-17 1180 Twin Oaks Ave $3,215.00 $ 1,380
619-172-18 1176 Twin-Oaks Ave $4,570.00 $ 1,575
619-172-19 1170 Twin Oaks Ave $3,630.00 $ 2,875
619-172-20 1166 Twin Oaks Ave $1,875.00 $ 1,260
619-172-21 1160-1158 Twin Oaks Ave $2,060.00 $ 1,155
619-172-22 1154 Twin Oaks Ave $3,090.00 $ 1,585
619-172-25 1152 Twin Oaks Ave & 239
Emerson St $4,545.00 $ 2,185
1 ocat rtnat assessments = a ~4,ovv
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:IEngineeringWl ProjectslSTL LSTL386 TwinOaks (ADII-02)L9ssestmenAEngineer Reporo-Final.doc
Page 4 of 4
Fina! Engineer's Report
Twin Oaks Avenue AD 2011-02
13-19
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6
RESOLUTION NO. 2013 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FOR FILING THE FINAL
ENGINEER'S REPORT FOR TWIN OAKS AVENUE
ASSESSMENT DISTRICT 2011-02
WHEREAS, pursuant to Resolution 2012-200, adopted on October 11, 2011, the City
Council accepted a petition requesting the formation of an Assessment District for Twin Oaks
Avenue between Emerson Street and Oxford Street for the purpose of financing the construction
of sidewalk improvements; and
WHEREAS, pursuant to Resolution 2012-085, 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. 2011-02 (Twin Oaks Avenue), set the time and place for
a public hearing, and ordered the initiation of assessment ballot proceedings; and
WHEREAS, pursuant to Resolution 2012-151, 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 awarded 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 Twin Oaks Avenue Sidewalk Improvements 1913 Act Assessment District AD
2011-02 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 Twin Oaks Avenue , ssessment District
2011-02. ,.
Presented by Appro~d as
Richard A. Hopkins
Director of Public Works
13-21
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 TWIN OAKS AVENUE ASSESSMENT
DISTRICT 2011-02
WHEREAS, pursuant to Resolution 2011-200 adopted on October 11, 2011, the City
Council accepted a petition requesting the formation of an Assessment District for Twin Oaks
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 2012-085 and approved the
Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment
District No. 2011-02 (Twin Oaks Avenue) for the proposed Assessment District No. 2011-02,
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 heazing was closed and ballots were
tabulated; and
WHEREAS, since eighty-nine percent of the (89%) votes cast by property owners were
in favor of the proposed Assessment District formation, City Council certified the results of the
public heazing 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 2012-151, 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 awazded 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
13-22
Resolution No.
Page 2
WHEREAS, the construction of the improvements is complete; and
WHEREAS, of the total construction costs, only the costs of the concrete driveways and
private improvement relocation are to be assessed to the property owners; and
WHEREAS, not all the assessments have been fully paid and the City can collect the
unpaid balance over a maximum period of ten yeazs, 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 Twin Oaks Avenue Assessment District 2011-02.
Presented by
Richard A. Hopkins
Director of Public Works
13-23
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 2011-02, AUTHORIZING THE PLACEMENT OF
LIENS IN THE AMOUNT OF THE ASSESSMENTS ON THE
RESPECTIVE PROPERTIES, AND AUTHORIZING THE
COLLECTION OF THE ASSESSMENTS AT THE SAME TIME
AND IN THE SAME MANNER AS OTHER CITY PROPERTY
TAXES AND ASSESSMENTS ARE COLLECTED BY THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO
WHEREAS, pursuant to Resolution 2011-200 adopted on October 11, 2011, the City
Council accepted a petition requesting the formation of an Assessment District for Twin Oaks
Avenue between Emerson Street and Oxford Street for the purpose of financing the construction
of sidewalk improvements; and
WHEREAS, pursuant to Resolutions 2012-085, adopted on May 22, 2012, the City
Council approved the Preliminary Engineer's Report, adopted a map showing the proposed
boundazies for Assessment District No. 2011-02 (Twin Oaks Avenue), set the time and place for
a public heazing, 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 2012-151, 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 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
13-24
Resolution No.
Page 2
WHEREAS, of the total construction costs, only thirty-four thousand, six hundred dollars
($34,600), the cost of the concrete driveways and private improvement relocation, are to be
assessed to the property owners; and
WHEREAS, the amount to be assessed the property owners has been apportioned in an
amount equal to the benefits received by the properties; and
WHEREAS, the assessment amounts for each property are identified in Exhibit A,
attached hereto; and
WHEREAS, each property owner will be granted thirty (30) calendar days from the
adoption of this resolution to pay their respective assessment in full; and
WHEREAS, for those assessments that have not been paid in full, the City intends to
record the unpaid amounts as liens on the respective properties; and
WHEREAS, the liens and interest, which shall accrue at the rate of five percent (5%) per
year on any unpaid balance, shall be collected over a maximum period often (10) years; and
WHEREAS, the collection of assessments shall be at the same time and manner as other
City property taxes and assessments are collected by the County Recorder of the County of San
Diego; and
WHEREAS, 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.
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
2011-02, authorizes the placement of liens in the amount of the assessments on the respective
properties, and authorizes the collection of the assessments at the same time and in the same
manner as other city property taxes and assessments aze collected by the County Recorder of the
County of San Diego.
Presented by
Richard A. Hopkins
Director of Public Works.
13-25
Resolution No.
Page 3
EXHIBIT "A"
Assessor's
Parcel
Number
Property Address Preliminary
Assessment from
Preliminary
En ineer's Re ort
Final Assessment
619-181-01 1151 Twin Oaks Ave &
231-223 Emerson St $2,955.00 $ 1,390
619-181-02 1155-1157 Twin Oaks Ave $4,035.00 $ 2,635
619-181-03 1159 Twin Oaks Ave $2,405.00 $ 1,195
619-181-04 1161- 1163 Twin Oaks Ave $3,750.00 $ 2,455
619-181-OS 1171 Twin Oaks Ave $3,210.00 $ 1,980
619-181-06 1175 Twin Oaks Ave $4,550.00 $ 2,510
619-181-07 1183 Twin Oaks Ave $2,810.00 $ 2,515
619-181-08 1185 Twin Oaks Ave $1,605.00 $ 970
619-181-09 1191 Twin Oaks Ave $1,865.00 $ 1,100
619-181-10 1195 Twin Oaks Ave &
230 Oxford St $3,360.00 $ 1,880
619-172-15 1184 Twin Oaks Ave $2,585.00 $ 2,170
619-172-16 1182 Twin Oaks Ave $3,215.00 $ 1,785
619-172-17 1180 Twin Oaks Ave $3,215.00 $ 1,380
619-172-18 1176 Twin Oaks Ave $4,570.00 $ 1,575
619-172-19 1170 Twin Oaks Ave $3,630.00 $ 2,875
619-172-20 1166 Twin Oaks Ave $1,875.00 $ 1,260
619-172-21 1160-1158 Twin Oaks Ave $2,060.00 $ 1,155
619-172-22 1154 Twin Oaks Ave $3,090.00 $ 1,585
619-172-25 1152 Twin Oaks Ave &
239 Emerson St $4,545.00 $ 2,185
13-26