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Home My WebLink About2006/10/17 Item 4 COUNCIL AGENDA STATEMENT Item Li Meeting Date 10/17/06 ITEM TITLE: Resolution Accepting for filing the Final Engineer's Report for Assessment District 2005-1 (Tobias Dr:ive) . Resolution Accepting the deferral of assessments and establishing the rate of interest of 5 percent per year and the financing period of a maximum of ten years applied to the deferrals for Assessment District 2005-1 (Tobias Drive) Resolution Authorizing the placement of a lien on the assessed property at the same time and in the same manner as other city taxes are collected for Assessment District 2005-1 (Tobias Drive) SUBMITTED BY: Director OfGe~service~ ~ City Manager r/ I (4/5ths Vote: Yes _ NoX) REVIEWED BY: On March 27,2006, pursuant to the Improvement Act of1913 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"), Council adopted Resolution No. 2006-071 awarding a contract in the amount of $666,910.00 for the construction of the "Tobias Drive Between Naples Street and Oxford Street in the City of Chula Vista, California (STL-301)" Project to MJC Construction, Inc. The work is now complete and a resolution must now be approved to accept filing of the Engineer: s Report on the cost of construction, to approve the deferral of assessments and establishing the rate of interest and financing period applied to deferrals for assessment, and to authorize the collection of assessments on the County tax roll. RECOMMENDATION: That Council adopt resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On July 19, 2005 Council adopted Resolutions 2005-255, 2005-256, and 2005-257 (Attachment A). Resolution 2005-255 accepted a petition signed by the property owners along Tobias Drive (Naples Street to Oxford Street) for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements. Resolution 2005-256 adopted a map showing the proposed boundaries for Assessment District No. 2005-1. Resolution 2005-257 declared the intent to form Assessment District No. 2005-1, approved the Preliminary Engineer's Report, ordered the installation of certain improvements on Tobias Drive, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings. 4-1 Page 2, Item 4 Meeting Date 10/17/06 Cost Information The following cost information was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment Ballots as the amount of the assessment proposed to be levied against each respective parcel. The total project cost, ..yhich includes construction and staff costs, was estimated to be $1,011,100.00, of which the property oymers' share was estimated to be $210,170.00 to cover the costs of constructing the concrete driveways and any private improvements relocation. These ballots were subsequently mailed to the property owners on July 20,2005. Address Parcel Number Preliminary Assessment 1101 Tobias Drive 619-162-01-00 $4,680.00 1109 Tobias Drive 619-162-02-00 $7,180.00 1115 Tobias Drive 619-162-03-00 $4,770.00 1119 Tobias Drive 619-162-04-00 $5,960.00 1123 Tobias Drive 619-162-05-00 $6,900.00 1129-31 Tobias Drive 619-162-06-00 $6,990.00 1133 Tobias Drive 619-162-07-00 $4,710.00 1139 Tobias Drive 619-162-08-00 $5,440.00 1143-45 Tobias Drive 619-162-09-00 $4,630.00 1149 Tobias Drive 619-162-10-00 $4,900.00 1155 Tobias Drive 619-163-11-00 $6,760.00 1159 Tobias Drive 619-163-12-00 $4,500.00 1163 Tobias Drive 619-163-13-00 $4,360.00 1169 Tobias Drive 619-163-14-00 $5,120.00 1175 Tobias Drive 619-163-15-00 $4,110.00 1179 Tobias Drive 619-163-16-00 $4,360.00 1183 Tobias Drive 619-163-17-00 $4,360.00 1187 Tobias Drive 619-163-18-00 $5,320.00 1191 Tobias Drive 619-163-19-00 $4,360.00 1102 Tobias Drive 619-152-14-00 $9,030.00 1108 Tobias Drive 619-152-13-00 $7,170.00 1114 Tobias Drive 619-152-12-00 $4,630.00 1118 Tobias Drive 619-152-11-00 $7,030.00 1124 Tobias Drive 619-161-01-00 $5,170.00 1128-30 Tobias Drive 619-161-02-00 $4,900.00 1134 Tobias Drive 619-161-03-00 $5,170.00 1138 Tobias Drive 619-161-04-00 $6,440.00 1144 Tobias Drive 619-161-05-00 $5,170.00 1148 Tobias Drive 619-161-06-00 $4,360.00 1156 Tobias Drive 619-163-10-00 $4,900.00 1158 Tobias Drive 619-163-09-00 $4,360.00 1160 Tobias Drive 619-163-08-00 $5,040.00 1168 Tobias Drive 619-163-01-00 $7,180.00 1174 Tobias Drive 619-163-02-00 $4,380.00 1178 Tobias Drive 619-163-03-00 $4,360.00 1184 Tobias Drive 619-163-04-00 $4,360.00 1188 Tobias Drive 619-163-05-00 $5,040.00 1192 Tobias Drive 619-163-06-00 $7,030.00 1198 Tobias Drive 619-163-07-00 $5,040.00 TOTAL $210,170.00 4-2 Page 3, Item '1 Meeting Date 10/17/06 On September 13, 2005 Council held the public hearing on the Tobias Drive sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. Since greater than 50% of the property owners, based on property frontage, voted in favor of the proposed assessments, Council adopted Resolution No. 2005-313 (Attachment B), which ordered the installation of improvements in accordance with Article XIIIJ:) o(the California Constitution. In accordance with Section 20852 of the Public Contract Code, the City advertised and obtained sealed bids as part of a formal bidding process and awarded the contract to the lowest responsible bidder. On March 7, 2006, Design Staff received and opened bids from six contractors for the construction phase: CONTRACTOR BID AMOUNT I. Jimenez Inc. DBA MJC Construction $666,910.00 2. Portillo Concrete, Inc. $685,575.00 3. Frank & Son Paving, Inc. $794,260.02 4. Daley Corporation $826,911.50 5. Heffler Company Inc. $863,403.80 6. Scheidel Contracting and Engineering Inc. $947,625.00 The low bid by Jimenez Inc. DBA MJC Construction, Inc. of$666,9l0.00 was $7,999.00 (1.21 'Yo) above the Engineer's estimate of $65 8,911. 00. The Engineer's estimate was based on average prices for similar types of work completed during the last three years. Staff reviewed the low bid and recommended awarding a contract in the amount of $666,910.00 to Jimenez Inc. DBA MJC Construction (March 7, 2006, Resolution 2006-071). MJC Construction, Inc. completed the construction of improvements. Ofthe total construction costs, only concrete driveways and private improvement relocation were assessed to the property owners. The final construction costs for the property owners' responsibilities totaled $115,178.00. Final Cost Staff has completed the accounting of the expenditures and apportionment to property owners, as shown in the Engineer's Report (Attachment C). This document amends the Preliminary Engineer's Report adopted by Council on July 19, 2005. 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 following amounts will be assessed to each property owner. These amounts are based only on construction costs for the driveway aprons and the relocation of private improvements. 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 cost ofthe relocation of the private improvements. Driveway quantities may have increased or decreased from the preliminary estimates, due to necessary field adjustments during construction. 4-3 Page 4, Item 4- Meeting Date 10/17/06 Property Address Parcel Number Preliminary Assessment Final Assessment 1101 Tobias Drive 619-162-01-00 $4,680.00 $3,185.00 1109 Tobias Drive 619-162-02-00 $7,180.00 $4,810.50 1115 Tobias Drive 619-162-03-00 $4,770.00 $2,014.00 1119 Tobias Drive 619-162-04-00 $5,960.00' . $2,110.50 1123 Tobias Drive 619-162-05-00 $6,900.00 $3,889.50 1129-31 Tobias Drive 619-162-06-00 $6,990.00 $4,704.50 1133 Tobias Drive 619-162-07-00 $4,710.00 $3,948.00 1139 Tobias Drive 619-162-08-00 $5,440.00 $2,338.00 1143-45 Tobias Drive 619-162-09-00 $4,630.00 $2,198.00 1149 Tobias Drive 619-162-10-00 $4,900.00 $2,219.00 1155 Tobias Drive 619-163-11-00 $6,760.00 $2,957.50 1159 Tobias Drive 619-163-12-00 $4,500.00 $2,509.00 1163 Tobias Drive 619-163-13-00 $4,360.00 $1,435.00 1169 Tobias Drive 619-163-14-00 $5,120.00 $1,942.50 1175 Tobias Drive 619-163-15-00 $4,110.00 $948.50 1179 Tobias Drive 619-163-16-00 $4,360.00 $2,023.00 1183 Tobias Drive 619-163-17-00 $4,360.00 $1,337.00 1187 Tobias Drive 619-163-18-00 $5,320.00 $4,340.00 1191 Tobias Drive 619-163-19-00 $4,360.00 $2,415.00 1102 Tobias Drive 619-152-14-00 $9,030.00 $4,608.00 1108 Tobias Drive 619-152-13-00 $7,170.00 $3,423.00 1114 Tobias Drive 619-152-12-00 $4,630.00 $4,630.00 1118 Tobias Drive 619-152-11-00 $7,030.00 $4,539.50 1124 Tobias Drive 619-161-01-00 $5,170.00 $4,030.00 1128-30 Tobias Drive 619-161-02-00 $4,900.00 $2,915.50 1134 Tobias Drive 619-161-03-00 $5,170.00 $5,170.00 1138 Tobias Drive 619-161-04-00 $6,440.00 $3,773.50 1144 Tobias Drive 619-161-05-00 $5,170.00 $2,100.00 1148 Tobias Drive 619-161-06-00 $4,360.00 $2,121.00 1156 Tobias Drive 619-163-10-00 $4,900.00 $1,729.00 .1158 Tobias Drive 619-163-09-00 $4,360.00 $4,360.00 1160 Tobias Drive 619-163-08-00 $5,040.00 $3,923.50 1168 Tobias Drive 619-163-01-00 $7,180.00 $4,158.00 1174 Tobias Drive 619-163-02-00 $4,380.00 $1,631.00 1178 Tobias Drive 619-163-03-00 $4,360.00 $1,617.00 1184 Tobias Drive 619-163-04-00 $4,36000 $1,771.00 1188 Tobias Drive 619-163-05-00 $5,040.00 $2,121.00 1192 Tobias Drive 619-163-06-00 $7,030.00 $3,216.50 1198 Tobias Drive 619-163-07-00 $5,040.00 $2,016.00 TOTAL $210,170.00 $115,178.00 Following confirmation ofthe final assessments, the property owners had the option of paying any portion of the assessments during the 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 years, together with interest on the unpaid principal at a maximum rate of7 percent per year. Based on the current interest rates, the City will charge 5 percent interest for a period often years. Property owners had the option to pay the balance of their assessments at any 4-4 Page 5, Item 4- Meeting Date 10/17/06 time during the 30-day repayment period without penalty. This period ended on August 31, 2006. The remaining balance will be paid on tax rolls beginning in Fiscal Year 2007-08. The assessment taxes shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien pri~rity in any case of delinquency as applicable for ad valorem taxes. 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. FISCAL IMPACT: A total of $769,056 was appropriated from the Jobs to Housing fund, $192,688 was appropriated from the Residential Construction Tax (RCT) fund, and $97,055 was appropriated from Community Development Block Grant (CDBG) fund for planning, design work, and construction of missing sidewalk improvements and pavement reconstruction along Tobias Drive between Naples Street and Oxford Street. A total of $115,178.00 shall be the property owner's share (concrete driveway aprons and private improvement relocation) of the total construction cost. The amount of$115, 178.00 received from the property owner's share will reimburse the RCT fund for future Assessment Districts. Attachments: A. Resolutions 2005-255, 2005-256, 2005-257 B. Resolution 2005-313 C. Engineer's Report M:\General Services\GS Administration\Council Agenda\STL~301 Tobias Drive\Final Assessment\Tobias Drive Const Assessment AID.doc 4-5 f>.TrAc-'r\~N.\ A. RESOLUTION NO. 2005-255 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRlCr FOR TOBIAS DRlVE (NAPLES STREET TO OXFORD STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista has been presented and has received a petition from certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements (0 be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No. 2952; and WHEREAS, such petition requests that such improvements be financed through the formation of an assessment district, such assessment district to be known and designated as Assessment District No. 2005-1 (Tobias Drive) (Assessment District). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION]. The above recitals are all true and correct. SECTION 2. It is hereby found that: A. Such petition has been signed by the owners owning land constituting more than sixty percent (60%) of (i) the front footage of the unimproved portion of the block requested by such owners to be improved and (ii) all assessable land proposed to be included within the boundaries of the Assessment District. B. Such petition meets all of the requirements of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California C. The property owners have waived the sixty (60) day period within which such owners are required to construct the sidewalk improvements. SECTION 3. No further proceedings or limitations under the Investigations Act shall be applicable to these proceedings. SECTION 4. This petition shall be as a part of the record of these proceedings and shall be open to public inspection as required by law. 4-6 Resolution No. 2005-255 Page 2 Presented by Approved as to form by Jack Gene 6--. ~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of July, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ,d~RIU A TIEST: ~L J. tl... t==3~ ) ,~ ....) Susan Bigelow, MMC, City . erk STATE OF CALIFORNlA ) 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. 2005-255 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of July, 2005. Executed this 19th day of July, 2005. ~d'~~~ Susan Bigelow, MMC, City C k 4-7 RESOLUTION NO. 2005-256 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MhJ> 'SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT NO. 2005.1 (TOBIAS DRIVE) WHEREAS, the City Council of the City of Chula Vista has been presented and has received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No. 2952; said assessment district known and designated as Assessment District No. 2005-1 (Tobias Drive) (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed acquisition of certain public Improvements designated as "Proposed Boundaries of Assessment District No. 2005-1 (Tobias Drive)" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution. and within fifteen (15) days after the adoption of the Resolution fixing the a time and place of hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. Presented by Approved as to form by ~~ Ann Moore City Attorney 4-8 Resolution No. 2005-256 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of July, 2005, by the following vote: AYES: Council members: Castaneda, Davis, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None /&#u ATTEST: ~ 6. 1 ?3-~J0 usan Bigelow, MMC, City lerk 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. 2005-256 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of July, 2005. Executed this 19th day of July, 2005. ~ ;. ~6 1 _~'~.)).o Susan Bigelow, MMC, City CI k 4-9 RESOLUTION NO. 2005-257 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARlNG THE INTENT TO FORM ASSESSMENT DlSTRlCT NO. 2005-1 (TOI3IAS DRlVE), APPROVING THE PRELIMINARY ASSESSMENT ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR PUBLIC HEARINGS AND ORDERING THE INITlA nON OF BALLOT PROCEDURES WHEREAS, the City Council of the City of Chula Vista (City), has been presented with and has received a petition from certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the California Streets and Highways Code) and City Council Ordinallce No. 2952; and WHEREAS, the City Council. acting in response to such petition, desires to initiate proceedings to order the installation of the requested improvements; and WHEREAS, the City Council, acting in response to such petition, also desires to initiate proceedings to form an assessment district to pay for the project pursuant to the provisions of the Streets and Highway Code, Article XIIID of the Constitution of the State of California ("Article X1IID") and the "Proposition 218 Omnibus Implementation Act" (Government Code Section 53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"); and WHEREAS, the assessment district shall be known and designated as Assessment District No. 2005-1 (Tobias Drive) (Assessment District); and WHEREAS, there has been prepared and filed with this legislative body a report (Report) of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW. THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correcL SECTION 2. Assessment District. The public interest and convenience requires, and this City Council hereby declares its intent to form an assessment district to pay for the public improvements described in section 3, below, and as further described in the report. To the extent surplus funds exist after completion of the improvements and payment of all claims from the improvement fund, the City shall distribute those funds in accordance with Section I 0427 of the Municipal Improvement Act of 1913. 4-10 Resolution No. 2005-257 Page 2 SECTION 3. Description ofImprovements. The public interest and convenience requires, and this City Council hereby declares its intent to form an assessment district to pay for the following public improvements: Curb, gutter, sidewalk and street improvements ai9ng both sides of Tobias Drive from Naples Street to Oxford Street. More specifically, property owners shall (only) be required to pay for driveway aprons and the relocation of private improvements in the City's right-of-way. SECTION 4. Plans and Specifications. AIl of the above mentioned improvements shall be generally constrUcted at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such improvements designated by the name and number of the Assessment Dis<uict which are on file in the office of the City Engineer. F or all particnlars as to the alignment of the improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 5. Area of Special Benefit. The improvements, in the opinion of this City Council, will be of special benefit to the abutting and fronting properties and, subject to support by the owners of the properties proposed to be assessed of the levy of such assessments pursllilllt to the assessment ballot procedures described below, this City Council bereby makes the expenses of such improvements assessable upon the properties within the proposed boundaries of the Assessment District. For a general description of the Assessment District and area of special benefit, reference is made to the map of the botUldaries of the Assessment District identified as "Proposed BotUldaries of Assessment District No. 2005-1 (Tobias Drive)." A copy of such map is on file in the office of the City Engineer and open to public inspection during normal office hours of such department. SECTION 6. Construction of the Imorovements. This City Council finds that the owners of the properties within the proposed boundaries of the Assessment District have, pursuant to Streets and Highways Code Section 5879, waived the sixty (60) day period within which such owners may construct such improvements. Therefore, the City Council hereby orders the Superintendent of Streets to cause the construction of the improvements. Such order shall be subject to the condition precedent that the owners of the properties proposed to be assessed for the costs of such construction support, through the assessment ballot proceedings, the levy of such assessments. SECTION 7. Authority for Construction. AIl of the construction proposed shall be done and carried through and financed pursuant to the applicable provisions of the MtUlicipal Improvement Act of 1913 and City Council Ordinance No. 2952. SECTION 8. Approval of the Report. The Report referred to herein above is adopted, passed upon, and preliminarily approved, and contains the following: A. The plans and specifications for the improvements proposed to be constructed; 4-11 Resolution No. 2005-257 Page 3 B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the constrUction of the improvements and of the incidental expenses in connection therewith contained in the Report including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on those parcels within the Assessment District; , C. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District. as the sarne existed at the time of the passage of this resolution, each of which subdivisions have been given a separate number upon such diagram, as contained in the Report; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report; and E. A description of the improvements to be constrUcted. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law. SECTION 9. Notice of Public Hearing. Notice is hereby given that a public hearing to consider protests to the proposed assessments is hereby scheduled to be held at the City Council meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista. California on September 13, 2005 at 6:00 p.m. As such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property ov,'I1er or any other interested person. In addition, pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed bas the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk, City of Chula Vista 276 Fourth Avenue Chula Vista, CaliforrJa 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. 4-12 Resolution No. 2005-257 Page 4 At the conclusion of the public hearing, the City COllllCil shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots. the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 10. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be mailed notice of the public hearing and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to he assessed. Presented by Approved as to form by ~~ Ann Moore City Attorney 4-13 Resolution No. 2005-257 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 19th day of July, 200S, by the following vote: AYES: Councilmembers: Castaneda, Davis: McCann, Rindone, and Padilla NAYS: CowlCilmembers: None ABSENT: Councilmembers: None ~ A' ;?""j /:, Stephen C. Padilla Mayor ATTEST: ~an Big~~w~ ~2~~~~ f) In ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby eertifY that the foregoing Resolution No. 2005-257 was duly passed., approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 19th day of July, 2005. Executed this 19th day of July, 200S. -; ~~~J~ Susan Bigelow, MMC, City Cler 4-14 p."Ac..,..\,J\crSl 13. RESOLUTION NO. 2005-313 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ASSESSMENT DISTRICT NO. 2005-1 (TOBIAS DRIVE), MAKING FINDINGS PURSUANT TO THE IMPROVEMENT ACT OF 1913 AND ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFOR."I'IA, AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista (City), has been presented with and has received a petition from certain property owners requesting the installation of certain sidewalk improvements and related appurtenancc work (Improvements), such Improvements to be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the Streets and Highways Code of the State ofCalifomia) and City Council Ordinance No. 2952; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to form an assessment district to pay for the project pursuant to the provisions of the Streets and Highway Code, Article XIIID of the Constitution of the State of California (Article XIIID) and the "Proposition 218 Omnibus Implementation Act" (Government Code Section 53750, el seq. the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIlD and the Implementation Act may be referred to collectively as the "Assessment Law"); and WHEREAS, the assessment district has been designated as Assessment District No. 2005-1 (Tobias Drive) (Assessment District); and WHEREAS, a report of the Assessment Engineer (preliminary Assessment Engineer's Report), required by the Assessment Law was previously presented, considered and preliminarily approved; and \VHEREAS, the Preliminary Assessment Engineer's Report as preliminarily approved was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law. including the following: A. Plans and specifications of the Improvements; B. An estimate of the cost of the construction of the Improvements, including the cost of the incidental expenses, in connection therewith, including that portion of such costs and expenses representing the special benefit to be conferred by such Improvements on the parcels within the Assessment District; C. A diagram showing the Assessment District, which also shows the boundaries and dimensions of the respective subdivisions of land within such Assessment District, with each of which subdivisions given a separate number upon such diagram; 4-15 Resolution No. 2005-313 Page 2 D. The proposed assessment of the assessable costs and expenses of the construction of the Improvements upon the several divisions of land in the Assessment District in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such Improvements. Such assessment refers to such subdivisions upon such diagram by the respeCtive numbers thereof; and E. A description of the Improvements. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given; and WHEREAS, at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment, and weighted as required by the Assessment Law, exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTIONl. RECITALS. The above recitals are all true and correct. SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted pursuant to the Assessment Law in favor of the proposed assessment, and weighted as required by the Assessment Law, exceed the assessment ballots submitted in opposition to such proposed assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law to the levy of the proposed assessments does not exist. SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is deter- mined that: A. All properties within the boundaries of the Assessment District receive a special benefit from the Improvements; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the cost of construction of the Improvements; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the Improvements; D. Only special benefits have been assessed; and 4-16 Resolution No. 2005-313 Page 3 E. There are no parcels which are owned or used by any agency as such term is defined in Article XlIlD, the State of California or the United States that specially benefit from the Improvements. SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. 7his City Council finds that the owners of the properties within the proposed boundaries of the Assessment District have, pursuant to Streets and Highways Code Section 5879, waived the sixty (60) day period within which such owners may construct such improvements. Therefore, the City Council orders the Superintendent of Streets to cause tbe construction of the improvements. SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall be done and carried through and financed pursuant to the applicable provisions of the Municipal Improvement Act of 1913 and City Council Ordinance No. 2952. SECTION 7. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the construction of the Improvements, the Superintendent of Streets is ordered to prepare and file with this City Council a Final Assessment Engineer's Report that shall contain all of the information contained in the Preliminary Engineer's Report modified to reflect the actual cost of construction of the Improvements. If the actual construction costs of the District's improvements do not exceed the cost estimate included in the Final Engineer's Report and reflected in the assessments shown on the assessment ballots, the assessments shall be reduced by City Council resolution without a public hearing. Conversely, if the actual construction costs do exceed the cost estimate included in the Final Engineer's Report and recovery of such excess costs would require an increase in the assessments previously levied, approval of such increase in the assessments shall require a subsequent public hearing and assessment ballot proceeding. Resolution No. 2005-313 Page 4 PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of September. 2005, by the following vote: AYES: Councilmembers: Castaneda, McC!lIIIl, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis. Rindone sA,,e~ ATTEST: -~ljbL~~~ Susan Bigelow, MMC, City C erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow. City Clerk of Chula Vista, California, do hereby cenify that the foregoing Resolution No. 2005-313 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 September, 2005. Executed this 13th day of September, 2005. , ~LL1..b I =-,~ ~ J ""'. Susan Bigelow, MMC, City Cl k ) 4-18 /X:'0/>.L..~,^~.:n. c.., ENGINEER'S REPORT TOBIAS DRIVE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2005-01 SEPTEMBER 6, 2006 4-19 Backeround Tobias Drive, between Naples Street and Oxford Street in 'Chula Vista, is a residential street with 60-foot width of right-of-way and is located within the Castle Park area of the City of Chula Vista. The Castle Park area is generally bounded by Third Avenue tD the west, HilltDp Drive to the east, Naples Street to the north, and PalDmar Street to the south. Prior tD Dur street improvement project, existing improvements alDng Tobias Drive generally consisted of asphaltic CDncrete pavement with nD curb-and-gutter. In NDvember 2003, thirty Tobias Drive property owners submitted a petitiDn tD the City requesting the initiatiDn Df proceedings to form an assessment district in accDrdance with the Improvement Act of 1913. This district would finance the construction of the missing curb, gutter and sidewalk and Dther street improvements along Tobias Drive, [yom Naples Street to OxfDrd Street. Subsequently, on July 13, 2005, the City conducted a public hearing approving the fDrmation Df the Assessment District, making findings pursuant to the Improvement Act Df 1913 and Article XmD Df the ConstitutiDn of the State of CalifDrnia, and Drdering the cDnstructiDn Df improvements. On March 7, 2006, the City Council accepted bids and awarded the cDntract for the constructiDn of street improvements on Tobias Drive. The final construction plans were based on cDmmunity meetings and input from the public to address property owners' concerns. The City cllnently has a policy regarding participation in 1913 Block Act proceedings. According tD this pDlicy, the City will provide all engineering, inspection and administrative services at no cost tD the property owners. It is the City's responsibility tD relocate or replace all existing public improvements, which would be in conflict with the new improvements, including utilities, and costs assDciated with cDnstruction of the curb, gutter and sidewalk, and street reconstruction. These costs wDuld not be assessed to the property Dwners. The property Dwners would be responsible tD pay for all costs associated with the driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements were originally located in the public right-of-way prior tD construction). 2 4-20 Overall Desien and Cost Estimate The project area and general location of improvements are shown on Exhibit A, the Final Boundary Map for Assessment District 2005-1, Tobias Drive. The properties, which will benefit from these improvements and would be a part .of the district including the Preliminary Assessments, are as follows: Address Parcel Number Preliminary Assessment II 0 1 Tobias Dnve 619-162-01-00 $4,680.00 1109 Tobias Drive 619-162-02-00 $7,180.00 , 1115 Tobias Drive 619-162-03-00 $4,770.00 1119 Tobias Drive 619-162-04-00 $5,960.00 1123 Tobias Drive 619-162-05-00 $6,900.00 1129-31 Tobias Drive 619-162-06-00 $6,990.00 1133 Tobias Drive 619-16? -07 -00 $4,710.00 1139 Tobias Drive 619-162-08-00 $5,440.00 1143-45 Tobias Drive 619-162-09-00 I $4,630.00 1149 Tobias Drive 619-162-10-00 $4,900.00 1155 Tobias Drive 619-163-11-00 $6,760.00 1159 Tobias Drive 619-163-12-00 $4.500.00 1163 Tobias Drive I 619-163-13-00 $4,360.00 1169 Tobias Dnve 619-163-14-00 $5,120.00 1175 Tobias Drive 619-163-15-00 $4,110.00 1179 Tobias Drive 619-163-16-00 $4,360.00 1183 Tobias Drive 619-163-17-00 $4.360.00 1187 Tobias Drive 619-163-18-00 $5,320.00 1191 Tobias Drive 619-163-19-00 $4,360.00 1102 Tobias Drive 619-152-14-00 $9,030.00 1108 Tobias Drive 619-152-13-00 $7,170.00 1114 Tobias Drive 619-152-12-00 $4,630.00 1118 Tobias Drive 619-152-11-00 $7,030.00 1124 Tobias Drive 619-161-01-00 $5,170.00 1128-30 Tobias Drive 619-161-02-00 $4,900.00 1134 Tobias Drive 619-161-03-00 $5,170.00 1138 Tobias Drive 619-161-04-00 $6,440.00 1144 Tobias Drive 619-161-05-00 $5,170.00 1148 Tobias Drive 619-161-06-00 I $4,360.00 I] 56 Tobias Drive 619-163-10-00 $4,900.00 1158 Tobias Drive 619-163-09-00 $4,360.00 1160 Tobias Drive 619-163-08-00 $5,040.00 1168 Tobias Drive 619-163-01-00 $7,180.00 1174 Tobias Drive 619-163-02-00 I $4,380.00 1178 Tobias Drive I 619-163-03-00 $4,360.00 1184 Tobias Drive I 619-163 -04-00 $4,360.00 1188 Tobias Drive I 619-163-05-00 $5,040.00 1192 Tobias Drive 619-163-06-00 $7,030.00 1198 Tobias Drive 619-163-07-00 i $5,040.00 TOTAL $210,170.00 3 4-21 The improvements included within this district consist of the reconstruction ofthe 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 the south end of Tobias Drive. Where 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 was approximately $670,000.00. The amount allocated to the property owners was $115,178.00. Method of Apportionment Costs must be apportioned to each property in proportion to the benefit received by that propelty. In apportioning the cost of street improvements, it can generally be assumed that the property adjacent to the improvements win receive the direct benefit. The adjacent properties would be most likely to use the improvements, particularly with respect to the driveway aprons. Additionally, construction of street and sidewalk improvements generally results in increased property 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 of existing improvements and City staff costs related to planning, design, surveying and constmction inspection. Therefore, the only cost that was to be paid by the property owners is the cost of constmcting the driveway aprons and any relocation of private improvements. The final property owner's share of the cost for the street improvement project was $115,178.00. The breakdown of construction costs among the thirty-nine properties within the district is shown in the fonowing table. For each property, the square footage of driveway apron was individually calculated, which includes the actual driveway and the wing area on each side of the driveway. Private improvement relocation is also included in the property owners' construction costs. 4 4-22 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: Property Address Parcel Number Preliminary Assessment Final Assessment 1101 Tobias Drive 619-162-01-00 $4,680.00 $3,185.00 1109 Tobias Drive 619-]62-02-00 $7,181).00 $4,810.50 1115 Tobias Drive 619-162-03-00 $4,770.00 $2,014.00 1119 Tobias Drive 619-162-04-00 $5,960.00 $2,110.50 1123 Tobias Drive 619-162-05-00 $6,900.00 $3,889.50 1129-31 Tobias Drive 619-162-06-00 $6,990.00 $4,704.50 1133 Tobias Drive 619-162-07-00 $4,710.00 $3,948.00 1139 Tobias Drive 619-162-08-00 $5,440.00 $2,338.00 1143-45 Tobias Drive 619-162-09-00 $4,630.00 $2,198.00 1149 Tobias Drive 619-162-10-00 I $4,900.00 $2,219.00 1155 Tobias Drive 619-163-11-00 I $6,760.00 $? ,957.50 1159 Tobias Drive 619-163-12-00 I $4.500.00 $2,509.00 1163 Tobias Drive I 619-163-13-00 I $4,360.00 $1,435.00 1169 Tobias Drive 619-163-14-00 $5,120.00 $1,942.50 1175 Tobias Drive 619-163-15-00 $4,110,00 $948,50 1179 Tobias Drive 619-163-16-00 $4,360.00 $2,023.00 1183 Tobias Drive 619-163-17-00 $4,360.00 $1,337.00 1187 Tobias Drive 619-163.18-00 $5,320.00 $4,340.00 1191 Tobias Drive 619-163.19-00 $4,360.00 $2,415,00 1102 Tobias Drive 619-152-14-00 $9,030.00 $4,608.00 1108 Tobias Drive 619-152.13.00 I $7,170.00 $3,423.00 , 1114 Tobias Drive 619-152-12-00 $4,630.00 $4,630.00 1118 Tobias Drive 619-]52-11-00 $7,030,00 $4,539.50 1124 Tobias Drive I 619-16]-01-00 $5,170,00 $4,030.00 11 ?8.30 Tobias Drive 619-161-02-00 $4,900,00 I $2,915.50 1134 Tobias Drive 619-161-03-00 $5,170,00 $5,170,00 1138 Tobias Drive 619-161-04-00 $6,440.00 $3,773.50 1144 Tobias Drive i 619-]61-05-00 $5,170.00 $2,100.00 1148 Tobias Drive 619.161-06-00 $4,360.00 $2,121.00 1156 Tobias Drive 619-163-10-00 $4,900,00 $1,729,00 1158 Tobias Drive 619-163-09-00 $4,360.00 $4,360.00 1160 Tobias Drive 619-163-08-00 $5,040.00 $3,923.50 I 1168 Tobias Drive 619-163-01-00 $7.180.00 $4,158.00 i 1174 Tobias Drive 619-163-02-00 $4,380,00 $1,631.00 1178 Tobias Drive I 619-163-03-00 $4,360.00 $1,6!7 .00 1184 Tobias Drive I 619-163-04-00 $4,360.00 $1,771.00 1188 Tobias Drive 619-163-05-00 $5,040.00 $2,121.00 1192 Tobias Drive 619-163-06-00 $7,030.00 $3,216.50 1198 Tobias Drive 619-163-07-00 $5,040.00 $2,016,00 TOTAL $210,170.00 $115,178.00 5 4-23 ~I~j q 8~ 5 f pe <( Z 0::: o u.. 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LJ :;ijg : ~ E~ g c; ~ I ' z . ~ W . '" (;) I' w Z -' :ci~~-Ig.., i:8 ~1--<QI=8 _0 '-'N ....Zl-gw<'< W Q_(f} ~. ~lgu!.l:: IE g;gb!:!i=:5 W 0 v>~oQ5 ~ ~I-~l-U~ '" w :::C~VlF<~ ~w '-'0 Z;:l".,,>- ~ 1:>- ;<: ~tlloc:J""">- - << '" -< '" C>-a 0 5 '-'0 5 "",-!<~ I ~GJ~O~ :\ w I < IE ~ ::;eOa:: " ~ ",,-,~ z W Z ~tII<~~~ '-' 0", '-' iEm::;;tIIZ....d W ~~ w 0 0 >-c(5~W!5Z I: ~~ >- Ww w - 1=0:5:::;095 " '" " E5Vl:::l Z >-,,-,1= "'5 "" u....,zC:::!:::::t::::> '" "< >-ir.\,)2u ~a '" a~~~~~~ ~ ~5 ~ '-' 0;:; '-' ffi~>-u,...c:;tr >- I: =m5~\5~~ - ~:s " " RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT DISTRlCT 2005-1 (TOBIAS DRIVE) WHEREAS, pursuant to Resolutions 2005-255, 2005-256, and 2005-257 adopted on July 19, 2005, the City Council accepted a petition requesting the formation of an Assessment District for Tobias 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 Tobias 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. 2005-1 (Tobias Drive); and WHEREAS, pursuant to Resolution 2005-313, adopted on July 19,2005, 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 $666,910.00 to the low bidder, Jimenez, Inc. DBA MJC Construction, pursuant to Resolution No. 2006-071 on March 7, 2006; and WHEREAS, the construction of the improvements is complete and the final Engineer's Report Tobias Drive Sidewalk Improvements 1913 Act Assessment Disrrict AD 2005- I dated September 6, 2006 (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 Assessment District 2005-1 (Tobias Drive). Presented by Approved as to form by Jack Griffin Director of General Services \-/~~ Ann Moore City Attorney M:\Cc.ncral SC:I'\'ic:cs\GS Adminutr:l.lion\Council ASa1d~\STL~J.{J 1 Tobias Orivc\Final Assc.ssmcnt\$Tt]01 Tobias Drive RCSQ I.dol: 4-25 RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE pEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF 5 PERCENT PER 'YEAR' AND THE FINANCING PERIOD OF A IvlAXIMUM OF TEN 'YEARS APPLIED TO THE DEFERRALS FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE) WHEREAS, pursuant to Resolutions 2005-255, 2005-256, and 2005-257 adopted on July 19, 2005, the City Council accepted a petition requesting the fonnation of an Assessment District for Tobias 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 ofimprovements on Tobias 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. 2005-1 (Tobias Drive); and WHEREAS, pursuant to Resolution 2005-313, adopted on July 19, 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$666,910.00 to the low bidder, Jimenez Inc. DBA MJC Construction, pursuant to Resolution No. 2006-071 on March 7, 2006; 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, 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 7 percent per year; and WHEREAS, City staff proposes to charge 5 percent interest for a period of ten years on the unpaid balances of the assessments. 4-26 RESOLUTION NO. 2006 - 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 5 percent per year and financing period of a maxiinum of ten years applied to the deferrals for Assessment District 2005-1 (Tobias Drive). Presented by Approved as to form by Jack Griffin Director of General Services '--t~---.J dL~ Ann Moore City Attorne)' M:\Gcncml Scn'iccslGS Adminis1r.lIion\Council A,gcnua\STL.)OI Tobi:1S Drivc\Fin:Jl Asscssmcnl\STLJ02 Tnbias D;il.'l: Rc.so ::'.doc 4-27 RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRULA VISTA AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY AND THE COLLECTION OF THE ASSESSMENT AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES ARE COLLECTED FOR ASSESSMENT DISTRlCT 2005-1 (TOBIAS DRNE) WHEREAS, pursuant to Resolutions 2005-255, 2005-256, and 2005-257 adopted on July 19, 2005, the City Council accepted a petition requesting the fonnation of an Assessment District for Tobias 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 Tobias 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. 2005-1 (Tobias Drive); and WHEREAS, pursuant to Resolution 2005-313, adopted on July 19, 2005, the City Council ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; and \NHEREAS, 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 $666,910.00 to the low bidder, Jimenez Inc., DBA MJC Construction, pursuant to Resolution No. 2006-071 on March 7, 2006; and vVHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only the costs of the concrete driveways and private improvement relocation are to be assessed to the property owners; and WHEREAS, not all the assessments have been fully paid and the City can collect the unpaid balance over a maximum period of ten years, together with interest on the unpaid principal at a rate not to exceed 7 percent per year; and WHEREAS, City staff proposes to charge 5 percent interest for a period of ten years on the unpaid balances of the assessments. 4-28 RESOLUTION NO. 2006- NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the placement of a lien 011 the assessed property and the collection of the assessment at the same time and in the same manner as other city taxes . are collected for Assessment District 2005-1 (Tobias Drive). Presented by Approved as to fom1 by L-/A-'~ dA:~ Ann Moore City Attorney Jack Griffin Director of General Services M:\Gcncral Scr'\'iccs\GS AdminiSIr::llion\Council ^sendaI.$TL~)Ol Tobias Drive\FinOlI AssC"ssmcnt\STL30:!. Tobi:!S Drive Reso 3.doc 4-29