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HomeMy WebLinkAboutReso 2003-298RESOLUTION NO. 2003-298 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2001-3 WHEREAS, on June 18, 2002, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of California ("Article XIIID"), Council adopted Resolution No. 2002-208 awarding a contract in the amount of $15,870 to Portillo Construction for the construction of sidewalk improvements on D Street between Third Avenue and Landis Avenue; and ¢WHEREAS, the work is now complete and improvements have been accepted by the Ci Manager; and WHEREAS, the City funded a portion of the project cost to construct the sidewalks from a grant received from the San Diego Association of Governments (SANDAG) under the Transportation Development ACt (TDA); and WHEREAS, the remaining construction cost of $2,950 are to be assessed to the property owners; and WHEREAS, staff has completed the accounting of the expenditures and apportionment to property owners as shown in the attached Engineer's Report (Exhibit "A"); and WHEREAS, the following amounts will be assessed to each property owner and are based only on construction costs for the driveway aprons: Address Parcel No. Preliminary Reduction l~nal Amount Amount Assessment A~nount 305 D Street 566-030-30 $ 6,961.00 ($ 5,638.63) $1,322.37 311 D Street 566-030-54 $ 5,850.00 ($ 4,974.35) $ 875.65 317 D Street 566-030-25 $ 5,969.00 ($ 5,216.62) $ 752.38 321 D Street 566-030-23 $ 979.00 ($ 979.00) $ 0 PROPERTY OWNERS' TOTAL $19,759.00 ($16,808.60) $2,950.00 WHEREAS, upon confirmation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period; and WHEREAS, if assessments are not fully paid during the 30-day payoff period, in accordance with Section 5895 of the Streets and Highways Code, the City will charge interest at the rate of 5% per annum for a period of ten (10) years; and Resolution 2003-298 Page 2 WHEREAS, property ovn~ers may pay the balance of their assessments at any time during the 30-day repayment period without penalty; and WHEREAS, this period will commence following recordation of the final district boundary map and when Notices of Assessment are mailed to property owners. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the deferral of assessments and establishing the rate of interest and financing period applied to deferrals for Assessment District 2001. Presented by Approved as to form by Ann Moore CityAttomey Resolution 2003-298 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of July, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None Su~an Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-298 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of July, 2003. Ex:cuted this 15th day of July, 2003. Susan Bigelow, City Clerk ENGINEER'S REPORT D STREET SIDEWALK IMPROVEMENTS 19! 1 ACT ASSESSMENT DISTRICT AD 2001-3 MAY 29, 2003 Backeround D Street between Third and Fourth Avenues in Chula Vista is a residential street with an 80-foot width of right-of-way. Existing improvements include pavement and curb in fi'ont of all properties; however, several properties do not have sidewalks. On the north side of D Street, the only properties which do not have sidewalk improvements are a ~ortion of 321 D Street, as well as 317, 311 and 305 D Street. In September 2001 these four property owners submitted a petition to the City requesting the initiation of >roceedings to form an assessment district in accordance with the Improvement Act of 1911. This district would finance the construction of the missing sidewalk improvements on the north side olD Street. Fhe City currently has a policy regarding participation in 1911 Block Act proceedings. According to this policy, the City will provide all engineering, inspection and administrative services at no cost to the property owners. Additionally, it is the City's responsibility to relocate all existing public improvements which would be in conflict with the new improvements, including utilities. These costs have not been included in the Engineer's Report, because they will not be assessed to the property owners. Subsequent to the construction of the improvements, the City obtained funding for the construction of the sidewalks from the San Diego Association of Governments (SANDAG). Therefore, the only cost that will be assessed to the property owners is the cost of constructing the driveway aprons. Overall Design and Cost Estimate The project area and general location of improvements are shown on the Assessment Diagram for Assessment District 2001-3, D Street. The properties which will benefit from these improvements and are a part of the district are as follows: Address 317 D Street 311 D Street 305 D Street Parcel Number 566-030-25-00 566-030-54-00 566-030-30-00 Improvements included within this district consist of driveway aprons that provide a transition between the street and the driveways. The improvements which will not be assessed to property owners include a 5-foot wide sidewalk from the existing sidewalk ending in front of 521 D Street to the curb return on Third Avenue north of D Street, as well as a sidewalk ramp on the northwest comer of Third Avenue and D Street. Originally, 321 D Street (APN 566-030-23-00) was included within the boundaries of this district. However, a new driveway apron at this address was not included as part of the construction work for this project, since the existing sidewalk ended east of the existing driveway. Therefore, this property will not be assessed for any district costs and will thus be excluded from the district, The total estimated construction cost was $23,233.00, including the City's share. The amount allocated to the property owners was estimated at $19,759.00. The latter amount was used to calculate the property owners' ballot amounts. The lowest bid for this project was $15,870.00, as shown on Table 1. This amount was subsequently reduced to $10,705.50, due to an adjustment in contract quantities. After subtracting the amount of the grant received from SANDAG for sidewalk constmction, the remaining amount to be assessed to the property owners is $2950.40. Method of Apoortionment Costs must be apportioned to each property in proportion to the benefit received by that property. In apportioning the cost of street improvements, it can generally be assumed that the property adjacent to the improvements will receive the direct benefit. The adjacent properties would be most likely to use the improvements, particularly with respect to driveway aprons. The City has obtained funding from SANDAG for most of the cost items included in the contractor's bid, including removal and replacement of improvements, construction of a 4" PCC sidewalk and the pedestrian ramp at the comer of D Street and Third Avenue. The only cost item that will be included in the assessment district is the 6" PCC driveway. Based on the revised total quantity of 965.1 SF calculated by the City's construction inspector, the total cost is $3,860.40. However, some of this amount relates to the portion of sidewalk that runs through the driveway apron. This section was estimated to cost $1,910.00 and was subtracted from the above figure to give a total of $2950.40. This amount was not included in the grant and needs to be assessed to the property owners. The breakdown of construction costs among the three properties and the City is shown on Table 2. For each property, the square footage of the driveway apron was individually calculated based on both the measurements taken by the City's inspector during construction in August 2002 and measurements made by the Assessment Engineer in May 2003. The difference between the dimensions measured on both occasions was 0.20 feet at the most, which is within the expected accuracy of the measuring devices. The areas calculated were then multiplied by $4.00, the unit cost for the 6" PCC driveways. The total amount thus calculated for these costs totaled $2973.68 for all three properties. There is a difference of $23.28 between this and $2950.40, the construction cost not covered by the grant. Since this difference is less than one percent, it was decided that the easiest way to reconcile these numbers would be to proportion out the difference among the three properties. The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the mounts estimated in the Preliminary Engineer's Report as follows: Assessor's Parcel No. Preliminary Assessment Final Assessment 566-030-30-00 $6,961.00 $1,322.37 566-030-54-00 $5,850.00 $ 875.65 566-030-25-00 $5,969.00 $ 752.38 566-030-23-00 $ 979.00 $ 0 TOTAL $19,759.00 $2,950.40 The Preliminary Assessment amounts were included on the ballots submitted to the property owners and tallied in accordance with Mticle XIIID of the California Constitution. Since the Final Assessment amounts are all lower than the Preliminary Assessment amounts, no additional ballot process is necessary. J:~ENGINEER~ASMTDISTLFINAL ENGINEER'S REPORT.DOC 4 ASSESSMENT DIAGRAM ASSESSMENT DISTRICT 2001-3 1911 ACT IMPROVEMENT DISTRICT CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 300 BLOCK D STREET 317 D ST 305 D ST 311 I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT, CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF ,20 , BY RES6LUTION NO. LEGEND I/////1 PROPOSED ASSESSMENT DISTRICT BOUNDARY AREA OFIMPROVEMENT CITY CLERK, CITY OF CHULA VISTA FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CHULA VISTA THIS DAY OF ,20___ RECORDED IN THE OFFICE OF THE STREET SUPERINTENDENT OF THE CITY OF CHULA VISTA THIS DAY OF 20 CITY CLERK, CITY OF CHULA VISTA FILED THIS DAY OF ,20 IN BOOK AT PAGE OF MAP OF ASSESSMENT DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. COUNTY RECORDER, COUNTY OFSAN DIEGO STREET SUPERINTENDENT REFERENCE IS HEREBY MADE TO THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ASSESSO PARCEL MAPS FOR DETAILED DIMENSIONS OF INDIVIDUAL PARCELS. 'TABLE 1 PORTILLO CONSTRUCTION ORIGINAL BID ON D STREET IMPROVEMENTS 4" PCC Sidewalk 1220 SF $3.50 6" PCC Driveways 1100 SF $4.00 Pedestrian Ramp (SDRSD G-27 1 EA $1000 Type A) Remove and Replace 4" PCC 200 SF $5.00 Slabwork Remove and Replace 6" PCC 400 SF $5.50 Slabwork Remove and Replace PCC Curb 120 LF $25.00 and Gutter (6" or 8") TOTAL $4,270 $4,400 $1,000 $1,000 $2,200 $3,00O $15,870 TABLE 2 D STREET APPORTIONMENT CALCULATIONS DRIVEWAY APRONS 305 D Street; APN 566-030-30-00 12.8' x 20.2' +26.5' =- 298.9 SF 2 1.7' x 20.2' ~ 38.4SF 333.2 SF 333.2 SFx $4.00/SF = $1332.80 311 D Street; APN 566-030-54-00 12.7' x 18.9' + 12.5' = 199.39 SF 2 1.7' x 12.5' = 21.25 SF 222.85 SF 220.64 SF x $4.00/SF = $882.56 317 D Street; APN 566-030-25-00 12.7' x 17.0' + 10.5' = 174.63 SF 2 1.3' x 11.5' = 14.95 SF 189.58 SF 189.58 SF x $4.00/SF = $758.32 Reconciliation with Grant Fundin~ $1332.80 $ 882.56 $ 758.32 $2973.68 $2973.68 - $2950.40 (construction cost - grant) -- $23.28 Reduction to calculated amounts: $23.28/$2973.68 -- 0.007829 multiplier 305 D Street: $1322.37 307 D Street: $ 875.65 311 D Street: $ 752.38 J:~ENGINEER~ASMTDIST~D STREET~TABLE 2 APPORTIONMENT.DOC