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HomeMy WebLinkAboutReso 2006-173 RESOLUTION NO. 2006-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) WHEREAS, pursuant to Resolutions 2005-028, 2005-029, and 2005-030 adopted on January 25, 2005, the City Council accepted a petition requesting the formation of an Assessment District for Dixon Drive (Naples Street to Oxford Street) for the purpose of financing the construction of sidewalk improvements, approved the Preliminary Engineer's Report, ordered the installation of improvements on Dixon Drive, set the time and place for a public hearing, ordered the initiation of Assessment Ballot proceedings, and adopted a map showing the proposed boundaries for Assessment District No. 2004-1 (Dixon Drive); and WHEREAS, pursuant to Resolution 2005-101, adopted on March 22, 2005, the City Council ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awarded a contract in the amount of $574,433.75 to the low bidder, Scheidel Contracting and Engineering, Inc., pursuant to Resolution No. 2005-308; and 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, City staffhas completed an accounting of the costs and the apportionment to the property owners as shown in the attached Final Engineer's Report (Exhibit A); 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; and WHEREAS, City staff proposes to charge five percent interest for a period of ten years on the unpaid balances of the assessments. Resolution No. 2006-173 Page 2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista _ that it accepts the deferral of the assessments and establishes the rate of interest of five percent per year and financing period of a maximum of ten years applied to the deferrals for Assessment District 2004-1 (Dixon Drive). Presented by Approved as to form by ? Y/l irector PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of June 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~~~?~ Susan Bigelow, MMC, 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. 2006-173 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of June 2006. Executed this 13th day of June 2006. ~~~~~ Susan Bigelow, MMC, City ClerK ........". Resolution No. 2006-173 Page 3 ENGINEER'S REPORT DIXON DRHVE S~DEWALK iMPROVEMENTS 1913 ACT ASSESSMENT OASTRHeT AD 2004...01 MAY 25, 2006 Resolution No. 2006-173 Page 4 -, Backe:round Dixon Drive, betw'een Naples Street and Oxford Street in Chula Vista, is a residential street with 60-foot width ofright-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Prior to our street improvement project, existing improvements along Dixon Drive generally consisted of asphaltic concrete pavement with no curb-and-gutter. In November 2003, t\venty-eight Dixon Drive property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1913. This district would finance the construction of the missing curb, gutter and sidewalk and other street improvements along Dixon Drive, from Naples Street to Oxford Street Subsequently, on March 22, 2005, the City conducted a public hearing approving the formation of the Assessment District, making findings pursuant to the Improvement Act of 1913 and Article XIIID of the Constitution of the State of California, and ordering the construction of improvements. On September 13,2005, the City Council accepted bids and awarded the contract for the construction of street improvements on Dixon Drive. The final construction plans were based on community meetings and input from the public to address property ovvners' concerns. ........... The City currently has a policy regarding participation in 1913 Block Act proceedings. AccordiTlg to tins 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, which would be in conflict with the new improvements, including utilities, and costs associated with construction oftbe 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 tile driveway apron construction and any costs associated with the relocation ofprivate improvements (only if private improvements were originally located in the public right-of-way prior to construction). - 2 Resolution No. 2006-173 Page 5 Overall Design and Cost Estimate The project area and general location of improvements are shown on Exhibit A, the Final Boundary Map for Assessment District 2004-1, Dixon Drive. The properties, which wiil benefit from these improvements and would be a part of the district, are as follows: Address 1104 Dix.on Drive 1108 Db:on Drive 1112 Dixon Drive 1118 Dixon Drive 1122 Dixon Drive I 128 Dixon Drive 1134 Dixon Drive 1138 Dixon Drive 1144 Dixon Drive 1148 Dixon Drive 1154-56 Dixon Drive 1160-62 Dixon Drive 1166 Dixon Drive 1 172 Dixon Drive 1178 Dixon Drive 11 84 Dixon Drive 1188 Dbcon Drive 1192-94 Dixon Drive 1103 Di..,.on Drive 1109 Dixon Drive 1113 Dixon Drive 1119 Dixon Drive 1123 Dixon Drive 1127 Dixon Drive ] 133 Dixon Drive 1137 Dixon Drive 1143 Dixon Drive 1147 Dixon Drive 1153 Dixon Drive 1155 Dixon Drive 1157-59 Dixon Drive 1161-63 Dixon Drive 1167 Dixon Drive 1173 Dixon Drive 1179 Dixon Drive 1183 Dixon Drive 1189 Dixon Drive 1195 Dixon Drive Parcel Number 619-151-11-00 619-151-12-00 619-151-13-00 619-151-14-00 619-151-15-00 619-151-16-00 619-151-17-00 619-151-18-00 619-151-19-00 619-151-20-00 619-201-18-00 619-201-19-00 619-201-14-00 619-201-13-00 619-201-12-00 619-201-11-00 619-201-10-00 619-201-09-00 619-152-0 ]-00 619-152-02-00 619-152-03-00 619-152-04-00 619-152-05-00 619-152-06-00 619-152-07-00 619-152-08-00 619-152-09-00 619-152-10-00 619-202-08-00 619-202-08-00 619-202-09-00 619-202-10-00 619-202-01-00 619-202-02-00 619-202-11-00 619-202-12-00 619-202-05-00 619-202-06-00 3 Resolution No. 2006-173 Page 6 -, The improvements included within this district consist of the reconstruction of the asphalt concrete street, construction of monolithic curb, gutter and sidewalk, and miscellaneous associated drainage and sewer facilities. The five-foot sidewalk was constructed to match the existing sidewalk at tbe south end of Dixon DriVe. VVhere driveways were located,. a driveway apron was constructed to provide a transition between the street, the sidewalk and the driveways. In addition to the street and sidewalk improvements, the City had coordinated with the utility companies to relocate overhead utilities. This work was conducted in conjunction with the street improvement project. Total construction cost for the project \Vas approximately $632,000.00. The amount allocated to the property owners was $142,135.31. Method of Apportionment 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 tD the improvements will receive the direct benefit The adjacent properties would be most likely to use the improvements, particularly \vith respect to the driveway aprons. Additionally, construction of street and sidewalk improvements generally results in increased prDperty values for the adjacent residences. - For this project, the City agreed that the sidewalks and street improvements should be financed by the City due to the use of the street and sidewalk as a general public route for the residents within the Castle Park area. It is generally the City's policy to pay for replacement Df existing improvements EIld City staff costs related to planning, design, surveying and construction inspection. TherefDre, the only cost that was tD be paid by the property owners is the cost of constructing the driveway aprons and any relocation of private improvements. The final property owner's share of the cost for the street imprDvement project was $142,135.31 The breakdown of construction costs among the thirty-eight properties within the district is shown in the following table. For each property, the square footage of driveway apron was individually calculated, which includes the actual driveway and the wing area Dn each side of the driveway. Private improvement relocation is also included in the property owners' construction costs. ,- 4 Resolution No. 2006-173 Page 7 The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the amounts estimated in the Preliminary Engineer's Report as follows: Address 1104 Dixon Drive 1108 Dixon Drive 1112 Dixon Drive 1118 Dixon Drive 1122 Dixon Drive 1128 Dixon Drive 1134 Dixon Drive 1138 Dixon Drive 1144 Dixon Drive 114& Dixon Drive 1154-56 Dixon Drive 1160-52 Dixon Drive 1166 Di.'ton Drive 1172 Di.""on Drive 11 n Dixon Drive 11 84 Dixon Drive 1188-90 Dixon Drive 1192-94 Dixon Drive 1103 Dixon Drive 1109 Db.on Drive 1113 Dixon Drive 1119 Dixon Drive 1123 Dixon Drive 1127 Di.'\.on Drive 1133 Dixon Drive 1137 Dn-on Drive 1143 Dixon Drive 1147 Dixon Drive 1153-55 Dixon Drive 1157-59 Dixon Drive 1161-63 Dixon Drive 1167 Dixon Drive 1173 Dixon Drive 1179 Dixoc.Drive 1183 DixoD Drive 1189 Dixon Drive 1195 Dixon Drive Parcel Number 619-151-11-00 619-151-12-00 619-151-13-00 619-151-14-00 619-151-15-00 619-151-16-00 619-151-17-00 519-151-18-00 619-151-19-00 619-151-20-00 619-201-1&-00 519-201-19-00 519-201-14-00 619-201-13-00 619-201-12-00 619-201-11-00 619-201-10-00 619-291-09-00 619-152-01-00 519-152-02-00 619-152-03-00 619-152-04-00 619-152-05-00 619-152-05-00 619-152-07-00 619-152-08-00 519-152-09-00 619-152-10-00 619-202-08-00 619-202-09-00 619-202-10-00 619-202-01-00 619-202-02-00 619-202-11-00 619-202-12-00 619-202-05-00 619-202-06-00 PreliminarY Cost Estimate 53,550.00 $3,515.00 53,690.00 $3,4:57.50 $3,330.00 $5,920.00 $4,000.00 54,130.00 $4,050.00 $4,530.00 53,535.00 $5,548.00 $5,190.00 $6,240.00 55,270.00 $4,370.00 $3,930.00 54,150.00 54,000.00 54,160.00 $4,990.00 54,710.00 $4,410.00 $4,910.00 54,150.00 $3,830.00 $3,980.00 $6,230.00 $6,080.00 59,450.00 55,480_00 55,720.00 55,260.00 $7,230.00 $.5,590.00 $5,310.00 $.5,760.00 5 Final Assessment $2,716.25 $1,783.50 $1,945.88 53,457.50 $1,906.50 $5,920.00 $4,000.00 $2,736.75 $2,644.50 $3,555.53 $3,535.00 $5,548.00 $3,905.25 $5,798.25 $4,033.50 52,685.50 S2,952.00 54,012.88 $2,342...13 53,.500.38 $3,170.25 $4,710.00 $2,931.50 $3,613.13 $3,676.15 $3,830.00 $2,905.88 55,018.35 54,701.05 $7,925.75 $3,965.75 $4,421.25 $3,814.75 $5,715.15 55,590.00 $4.048.75 53,116.00 Resolution No. 2006-173 Page 8 ~I !i~ ~l 6~ 5 <( Z 0:: o L... ~I-~ oUu 1Ct:~ ~I-w o en I- 0-<( NOt;;; 1-1-0 tJuzs - Wa 0:: - <Ct:~z al-w<c ~c.n>C/) a-au... coO a ...J Ct:::>- <I-CLI- Z Z C:Z~::J w-8 ~I-<c c.n U I- c.n<(~ W > c.nn5 (J) ~ ::> <( (J) u ';--L... a >- I- U I / J..:i3CiJ.S acJO.:iXO J ~I~ z ~ I I~ F.1W; ~';"II I' . . i i~ !~ !~ ,---.. ~ [IIC_--., ".-<.._,~ I I I ,C__r 1_=_... ~ ~.t <: ll.::> ....c <" w =~ \5~ ~3 ~~C3 cC... ~!:!o :;~~ =",3t;; ~EO _0 -;IE ~ "'= .....:i Q... ::l1c ...!1h: C"':!: ~~5 =I~~ ~F =a lQ 1:;/5 F 0 c S 8 ...J W ~ '" ... ~ ~ is IE :c 1-> .5 ~ ~~ lA. = iiiZ C ~ 131S :: 11>"1 < ~ ~t; ~ ~ :cts :: c: :(1) c < ~Q :c o~ I . :z I ll. 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