Loading...
HomeMy WebLinkAbout2009/06/23 Item 2 CITY COUNCIL AGENDA STATEMENT ::?}(~ CrTY OF ~~CHULA VISTA 6/23/09, Item2- ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR HRST A VENUE ASSESSMENT DISTRICT 2007-01 RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS ~1\fD EST ABLISHING THE RATE OF INTEREST OF FIVE PERCE"'l (5%) PER YEAR Ai'ID THE FINAi'lCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR FIRST A VENUE ASSESSMENT DISTRICT 2007-01 SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE Aivl0liNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT DISTRICT 2007-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AiVIOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAiVIE TIME AND IN THE SAl'vIE MANNER AS OTHER CITY PROPERTY TAXES AND ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER OF THE COUNTY OF SAi'\! DIEGO /' DIRECTOR OF PUB WORKS ~~ CITY MANAGER V ~ ASSISTANT CITY I LA..1'\!AGER ,>;/ , 4/STHS VOTE: YES 0 NO . k8J SUM1VlARY On December 4,2007, Council adopted Resolution No. 2007-272, certifying 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 XlIID of the Constitution of the State of California ("Article XlIID"). On May 20, 2008, Council adopted Resolution No. 2008- 130 awarding a contract in the amount of S 1, I 58,627.22 for the construction of the '"First A venue Between Naples Street and Palomar Street in the City ofChula Vista, California (STL-303)" Project to MJC Construction, Inc. The work is now complete and a resolution is now required to accept filing of the Engineer's Report on the cost of construction, to approve the deferral of assessments and establishing the rate of interest and financing period applied to said deferrals, and to authorize the collection of assessments on the County tax roll. -. 2-1 6/23/09, Item 2- Page 2 of 5 ENVIRONMENTAL REVIEW The Environmental Review Coordinator 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 (b)(5) ofthe State CEQA Guidelines because the activity is related to an administrative/fiscal process that will not result in a direct or indirect potentially significant physical impact to the environment. Therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolutions. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION On July 17, 2007, Council adopted Resolutions 2007-184, 2007-185, and 2007-186 (Attachment A). Resolution 2007 -184 accepted a petition signed by the property owners along First A venue (Naples Street to Palomar Street) for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements. Resolution 2007-185 adopted a map showing the proposed boundaries for Assessment District No. 2007-01. Resolution 2007-186 declared the intent to form Assessment District No. 2007-01, approved the Preliminary Engineer's Report, ordered the installation of certain improvements on First A venue, set the time and place for a public hearing, and ordered the initiation of Assessment District ballot proceedings. Cost Information The cost information contained in Table I, under Preliminary Assessment, was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment District ballots as the amount of the proposed assessment to be levied against each respective parcel. The total proj ect cost, which includes construction and staff costs, was estimated to be $2,100,000, of which the property owners' share was estimated to be $357,988 to cover the costs of constructing the concrete dri veways and any private improvement relocation. These ballots were subsequently mailed to the property owners on July 18, 2007. On September II, 2007, Council held the public hearing on the First Avenue sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. Since more than 50% of the property owners voted in favor of the proposed assessments, on December 4, 2007, Council adopted Resolution No. 2007-272 (Attachment B), which certified the results of the public hearing and Assessment District ballot tabulations and ordered the 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 awarded the contract to the lowest responsible bidder. On April 30, 2008, Design Staff received and opened the following bids from ten (10) contractors for the construction phase: 2-2 6/23/09, Item Z. Page 3 of 5 CONTRACTOR BID AMOUNT 1. Southland Paving, Inc. - Escondido, CA Non-responsive 2. MJC Construction - Bonita, CA S 1,158,627.22 3. Portillo Concrete, Inc. - Lemon Grove, CA $1,203,600.00 4. Tri-Group Construction & Development, Inc.- Poway, CA $1,273,580.00 5. L.B. Constmction, Inc. - San Diego, CA $1,319,883.50 6. HT A Engineering & Constmction, Inc. - Poway, CA $1,362,770.00 7. Palm Engineering Constmction Company, Inc. - San Diego, CA $1,403,033.00 8. Koch-Armstrong General Engineering, Inc. - Lakeside, CA $1,431,158.90 9. Hazard Construction Company, Inc. - San Diego, CA $1,469,788.10 10. Heffler Company, Inc. - National City, CA $1,727,832.00 The low bid by Jimenez Inc., DBA MJC Constmction, of$I,158,627.22 was $395,542.78 (25%) below the Engineer's estimate of$1 ,554, 170. The Engineer's estimate was based on average prices for similar types of work completed during the previous three years. Staff reviewed the low bid and recommended awarding a contract in the amount of $1,158,627.22 to Jimenez Inc., DBA MJC Constmction (May 20, 2008, Resolution 2008-130). MJC Constmction, Inc. has completed the constmction of improvements. Of the total constmction costs, only the costs for concrete driveways and private improvement relocation were assessed to the property owners. The final constmction costs to be assessed to the property owners total $214,181.10. 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 dated June 28, 2007 and adopted by Council on July 17, 2007. Since the amounts no,,, 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. Preliminary cost estimates were based on estimated driveway quantities and estimated costs for the relocation of private improvements. Final assessments are based on actual quantities and the actual costs for the relocation of private improvements. Driveway quantities may have increased or decreased from the preliminary estimates, due to necessary field adjustments made during constmction. TABLE 1 Property Address I Parcel Number Preliminary Final Assessment Assessment from Preliminary Enaineer's ReDort 1237 FIRST AV I 619-261-47 57,500 53,338.70 1154 FIRST AV I 619-192-22 55,508 $2,526.50 1117 FIRST AV I 619-151-04 $4,356 $1,599.60 1179 FIRST AV 619-201-03 $5,772 $3,044.20 1138 FIRST AV 619-142-12 $3,192 $1,887.90 1134FIRSTAV I 619-142-11 I 53,972 52,15450 1255 FIRST AV I 619-270-02 I $5,280 $4,524.60 2-3 6/23/09, Item 2- Page 4 of 5 TABLE 1 Property Address Parcel Number Preliminary Final Assessment Assessment from Preliminary Engineer's ReDort I 1209 FIRST AV 619-261-10 $7,356 $2,957.40 1219 FIRST AV 619-261-11 $5,256 $2,269.20 1180 FIRST AV 619-192-16 $6,084 $3,245.70 1160 FIRST AV 619-192-20 $2,988 $2,897.20 1254-1256 FIRST AV 619-250-38 $5,784 $3,782.20 103 GLENHAVEN WY 619-250-36 53,276 51,773.20 1276-1278 FIRST AV 619-250-37 $10,584 $6,133.40 1186 FIRST AV 619-192-27 $9,168 54,891.80 I 1155 FIRST AV 619-201-16 $7,064 57,064.00 I 1239 FIRST AV 619-261-25 $4,604 $3,48800 1235 FIRST AV 619-261-45 55,148 54,355.50 1129 FIRST AV 619-151-06 $8,984 $4,652.60 1265 FIRST AV 619-270-14 $2,772 I $1,903.40 1176 FIRST AV 619-192-17 54,4 76 $2,083.20 1286 FIRST AV 619-250-10 52,412 $1,02920 1197 FIRST AV 619-201-07 57,604 $2,920.20 1149FIRSTAV 619-151-10 56,672 $2,045.40 108-110 HENRY LANE 619-232-18 54,200 $3,425.50 1251 FIRST AV 619-270-01 $3,144 $3,144.00 1112 FIRST AV 619-142-07 $4,992 $2,356.00 1172 FIRST AV 619-192-18 52,724 51,964.10 1103 FIRST AV 619-151-01 $8,136 $3,090.70 1247 FIRST AV 619-261-17 $5,808 $4,727.50 1280 FIRST AV 619-250-19 56,7 44 54,104.40 1169FIRSTAV 619-201-01 I $10,424 $10,424.00 1122FIRSTAV 619-142-09 I $7,104 $3,685.90 1128 FIRST AV 619-142-10 53,708 52,109.60 1248 FIRST AV 619-232-39 $5,916 $5,916.00 I 1195 FIRST AV 619-201-06 $8,612 I 55,451.00 I 1139 FIRST AV 619-151-08 $8,288 $6,228.40 I 1214 FIRST AV 619-232-17 I 55,004 $1,711.20 I 1173 FIRST AV 619-201-02 59,932 55,898.20 I 106 PALOMAR ST 619-250-18 52,400 $1,171.80 I 1111 FIRSTAV 619-151-03 57,524 54,209.80 I 1133 FIRST AV 619-151-07 56,764 $3,045.20 I 1116FIRSTAV 619-142-27 56,024 $3,245.70 I 1118FIRSTAV 619-142-28 55,4 72 54,535.20 I 1143 FIRST AV 619-151-09 $9,480 $4,305.90 I 1156 FIRST AV 619-192-21 $3,300 $3,300.00 I 1107 FIRST AV 619-151-02 57,368 $2,945.00 I 1157FIRSTAV 619-201-15 $11,264 $7,178.70 I 1142 FIRST AV 619-142-13 $3,192 $1,680.20 I 1204 FIRST AV 619-232-14 I $4,488 $1,75770 1227 FIRST AV 619-261-32 $15,032 $4,024.00 1153 FIRST AV 619-201-17 $8,180 $8,124.60 97 OXFORD ST 619-261-01 $4,968 $2,163.80 1185 FIRST AV 619-201-04 54,884 $3,656.20 1189 FIRST AV 619-201-05 I 56,860 $5,497.60 1188 FIRST AV 619-192-14 53,192 $1,255.50 2-4 6/23/09, Item 2- Page 5 of 5 TABLE 1 Property Address Parcel Number Preliminary Final Assessment Assessment from Preliminary Engineer's Renort 1168FIRSTAV 619-192-19 53,816 51,20590 I 1206 FIRST AV 619-232-16 $5,148 $1,990.20 1123FIRSTAV 619-151-05 58,084 $8,084.00 TOTAL $357,988 $214,181.10 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 ofimprovements 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 will have the option to pay 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 year 2010. 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 priority in any case of delinquency as applicable for ad valorem taxes. DEClSION 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 ofthis action. CURRENT FISCAL IMPACT A total ofS 1,802,240 was appropriated from Section 108 Loan of Community Development Block Grant (CDBG) flmd for planning, design work, and construction of missing sidewalk improvements and pavement reconstruction along First Avenue between Naples Street and Palomar Street. A total of $214,181.10 shall be repaid by property owners for concrete driveway aprons and private improvement relocation and will reimburse the Section 108 Loan of CDBG fund. ONGOING FISCAL IMPACT The improvements will require only routine City maintenance. ATTACHMENTS 1. Resolutions 2007-184, 2007-185, 2007-186 2. Resolution 2007-272 3. Engineer's Report Prepared by: Boushra Salem, Senior Civil Engineer, Public Works Department -Engineering j.\Enginet':r\AGENDA\CAS2009\06-23-09\CAS First Ave AD tinal construction. doc 2-5 ATIACHMENT RESOLUTION NO. 2007-184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRICT FOR FIRST AVENUE (NAPLES STREET TO PALOMAR STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS 'W'BEREAS, City staff received a petition on November 2003, initiating the formation of an Assessment District for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and 'W'BEREAS, fifty of the fifty-nine property ov,.TIers within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property O\NTIers. 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, details of the cost breakdov,.TI and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a petition requesting the formation of an Assessment District for First A venue (Naples Street to Palomar Street) for the purpose of financing the construction of street improvements. Presented by Approved as to form by 1\r-w~ ~'\&~\\. Ann Moore ~ City Attorney 2-6 Resolution No. 2007-184 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day o(]uly 2007 by the follo'Aing vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone 'I' U6t~ Cheryl Cox, ayor ATTEST: --::- _11.{ 6 ,~tG n ) Susan Bigelow, MMC, Ci 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. 2007-184 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. -~ ~ I.L.L.- ~~ ~A..--J Susan Bigelow, MMC, City Cler - 2-7 RESOLUTION NO. 2007-185 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOU"NTIARIES FOR ASSESSMENT DISTRlCT NO. 2007-] (FIRST AVENUE) WHEREAS, City staff received a petition in November 2003, initiating the formation of an Assessment District for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and W1fEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and 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, details of the cost breakdO\VTI and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. 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 Assessment District No. 2007-] (First Avenue). . Presented by Approved'as to form by <1\'0t ~CJf\--\\~ ~~ Ann Moore City Attorney 2-8 Resolution No. 2007-185 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of July 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: CounciImembers: Rindone ATTEST: '1 ' ~~C~ Cheryl Cox, ~a or . -;:=~Bi;~:~C~J r> ~ 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. 2007-185 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. ~~ =-- ~'bJJLJ.- I Susan Bigelow, MMC, City Cler 2-9 RESOLUTION NO. 2007-186 RESOLUTION OF TIlE CITY COliNCIL OF THE CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTS ON FIRST AVENUE (NAPLES STREET TO PALOMAR STREET), APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIA IrON OF BALLOT PROCEDURES WHEREAS, City staff received a petition in November 2003, initiating the formation of an Assessment Disnict for the construction of street improvements along First A venue, from Naples Street to Palomar Street; and WHEREAS, fifty of the fifty-nine property owners within the proposed District boundaries were in favor of the district formation; and WHEREAS, City Council Policy No. 2952, Participation in 1913 Block Act Proceedings, requires that the City provide all engineering, inspection and administrative services, as well as paying for all relocation and reconstruction of the existing roadway, if required; and WHEREAS, the project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement along First A venue between Naples Street and Palomar Street and the property O\\llers 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, details of the cost breakdown and design considerations are included in the Preliminary Engineer's Report. The report includes a copy of the proposed boundary map and the recommended construction costs payable per property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order the installation of certain improvements on First Avenue (Naples Street to Palomar Street), approving the Preliminary Engineer's Report, setting the time and place for a public hearing and ordering the initiation of ballot procedures. Presented by Approved as to form by . es Director ~~~ Ann Moore City Attorney 2-10 Resolution No. 2007-186 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 17th day of July 2007 by the following vote: AYES: Councilrnernbers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilrnernbers: None ABSENT: Councilmernbers: Rindone (; ~ (!.,. c{.. ([ J Cheryl Cox, M . or A TrEST: -; ~ ~lu!J1 Susan Bigelow, MMC, City rk 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. 2007-186 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. ~- .1'l-A-tU-~ Susan Bigelow, MMC, City Clerk 2-11 ATIACHMENT Z- RESOLUTION NO. 2007-272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING TIlE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULA nON FOR PROPOSED ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista (City), has been presented and has received a petition from certain property oowners 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 Streets and Highways Code of the State of California 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 Highways Code, Article XIUD of the Constitution of the State of California (Article XmD) and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article XmD and the Implementation Act may be referred to collectively herein as the "Assessment Law"); and WHEREAS, the assessment district has been designated as Assessment District No. 2007-1 (First Avenue) (Assessment District); and WHEREAS, a report of the Assessment Engineer's Report (Preliminary Assessment Engineer's Report), required by the Assessment Law was previously presented, considered and preliminarily approved; and WHEREAS, 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 with 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; D. The proposed assessment of the assessable costs and expenses of the construction of the improvements upon the several divisions ofland in the Assessment District in nrnnnrti"n t"t11" "~tim~t,,rl ~neci~l henefit. to he conferred on such 2-12 Resolution No. 2007,272 Page 2 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, ballots and ballot materials were mailed to property owners on July 18, 2007, property owners were informed that the ballots needed to be received by the City Clerk's office prior to 5:00 p.m. on September 11, 2007, a public hearing was held on September 11, 2007, and the ballots remained sealed until the public hearing was closed; and WHEREAS, after the public hearing was closed, the ballots were tabulated and weighted based on the area of property frontage of the property owners, with the following results: of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, tbe establishment of the Assessment District; and WHEREAS, after further review by the City Attorney's office, it has been determined that the proposed Assessment District should move forward based on the provisions of Proposition 218 (The Right to Vote on Taxes), section 4 of which states the following: "The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing. ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. "; and WHEREAS, based on this provision regarding majority protest, City staff recommends the approval of the Assessment District formation and the commencement of construction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista certifies the results of the public hearing and Assessment District ballot tabulation for proposed Assessment District No. 2007,1 (First Avenue) pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and orders the construction of improvements. Presented by Approved as to form by d General Services Director ~~~\~~ City Attorney 2-13 Resolution No. 2007-272 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 4th day of December 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Counci]members: None ATTEST: / ' 0~'^:fr~ Cheryl Cox ay r J~ ;r;)~ t Susan Bigelow, MtrC, City Clerk ST A IE OF CALIFOfu"[IA ) 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. 2007-272 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of December 2007. Executed this 4th day of December 2007. d~ 1?~ r Susan Bigelow, Mk, City Clerk 2-14 r ATTACHMENT 3 ENGINEER'S REPORT FIRST AVENUE SIDEWALK IMPROVEMENTS 1913 ACT ASSESSMENT DISTRICT AD 2007-01 l. .June 23, 2009 2-15 Back!!round First Avenue, between Naples Street and Palomar Street in Chula Vista, is a residential street with an 80-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 to the west, Hilltop Drive to the east, Naples Street to the north, and Palomar Street to the south. Existing improvements along First A venue generally consist of asphaltic concrete pavement with some existing curb-and-gutter improvements. In November 2003, fifty-nine First A venue 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 First Avenue, from Naples Street to Palomar Street. Subsequently, on September 11, 2007, a Public Hearing was held at the City of Chula Vista Council Chambers and ballot proceedings were conducted. Forty-nine percent of the property owners voted in favor of Assessment District formation and one "in-favor" vote were submitted immediately after the Public Hearing was closed. It should be noted that several property owners did not submit votes to the City. In September 2007, the block captain for the proposed Assessment District requested a reinitation of the Assessment District process. Forty-five (45) of the Sixty- One (61) property owners have signed a petition in favor of the formation of the Assessment District. On May 20, 2008, the City Council accepted bids and awarded the contract to MJC Construction, Inc. for the construction of street improvements on First A venue. The City currently has a policy regarding participation in 1913 Block Act proceedings. 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, which 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 the driveway apron construction and any costs associated with the relocation of private improvements (only if private improvements are located in the public right-of-way). -1<1 f6 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 2007-01, First Avenue. The cost information contained in the table below was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment District ballots as the amount of the proposed assessment to be levied against each respective parcel, which will benefit from these improvements and would be a part ofthe district: TABLE 1 Assessor's Private Preliminary Address Improvement Parcel Number Modifications Assessment 1237 FIRST AV 619-261-47 $7,500 1154 FIRST AV 619-192-22 $5,508 1117 FIRST AV 619-151-04 $4,356 1179 FIRST AV 619-201-03 I I $5,772 1138 FIRST AV 619-142-12 $3,192 1134 FIRST AV 619-142-11 $3,972 1255 FIRST AV 619-270-02 Tree $5,280 1209 FIRST AV 619-261-10 $7,356 1219 FIRST AV 619-261~11 I $5,256 1180 FIRST AV 619-192-16 I $6,084 1160 FIRST AV 619-192-20 I $2,988 125'--1256 FIRST AV 619-250-38 $5,784 103 GLENHAVEN WY 619-250-36 $3,276 1276-1278 FIRST AV 619-250-37 I $10,584 1186 FIRST AV 619-192-27 I $9,168 1155FIRSTAV 619-201-16 Post and rail fence $7,064 1239 FIRST AV 619-261-25 2 trees $4,604 1235 FIRST AV 619-261-45 $5,148 1129 FIRST AV 619-151-06 Chain link fence I $8,984 1265 FIRST AV 619-270-14 I $2,772 1176 FIRST AV 619-192-17 I $4,476 1286 FIRST AV 619-250-10 I $2,412 1197 FIRST AV 619-201-07 I Wooden fence & I $7,604 oost & rail fence 1149 FIRST AV 619-151-10 $6,672 1~~ Assessor's Private Preliminary Ad dress Improvement Parcel Number Modifications Assessment 108-110 HENRY LANE 619-232-18 I I $4,200 1251 FIRST AV 619-270-01 I $3,144 1112 FIRST AV 619-142-07. $4,992 1172 FIRST AV 619-192-18 I $2,724 1103FIRSTAV 619-151-01 $8,136 1247 FIRST AV 619-261-17 I $5,808 1280 FIRST AV 619-250-19 $6,744 1169 FIRST AV 619-201-01 Wrought iron fence, $10,424 2 trees 1122 FIRST AV 619-142-09 $7,104 1128 FIRST AV 619-142-10 $3,708 1248 FIRST AV 619-232-39 $5,916 1195 FIRST AV 619-201-06 Chain link fence $8,612 1139 FIRST AV 619-151-08 Wrought iron fence $8,288 1214 FIRST AV 619-232-17 I $5,004 1173 FIRST AV 619-201-02 Chain link fence $9,932 106 PALOMAR ST 619-250-18 I $2,400 1111 FIRST AV 619-151-03 $7,524 1133 FIRST AV 619-151-07 Tree and fence $6,764 1116 FIRST AV 619-142-27 $6,024 1118 FIRST AV 619-142-28 $5,472 1143 FIRST AV 619-151-09 I $9,480 1156 FIRST AV 619-192-21 $3,300 1107 FIRST AV 619-151-02 I $7,368 1157FIRSTAV 619-201-15 Wrought iron fence $11,264 1142 FIRST AV 619-142-13 I $3,192 1204 FIRST AV I 619-232-14 $4,488 1227 FIRST AV 619-261-32 ] Tree I $15,032 1153FIRSTAV 619-201-17 2 trees, chain fence I $8,180 97 OXFORD ST 619-261-01 $4,968 1185 FIRST AV 619-201-04 I $4,884 1189 FIRST AV 619-201-05 I Post and rail fence I $6,860 1188 FIRST AV 619-192-14 I I $3,192 2~'B Assessor's Private Preliminary Address Improvement Parcel Number Modifications Assessment 1168 FIRST AV 619-192-19 $3,816 1206 FIRST AV 619-232-16 $5,148 1123 FIRST AV 619-151-05 I Chain link fence I $8,084 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 wide sidewalk was constructed to match the existing sidewalk at the south end of First Avenue, adjacent to Palomar Street. Where driveways are located, a driveway apron was constructed to provide a transition between the street, the sidewalk and the driveways. In addition to the street, driveways and sidewalk improvements, the City had coordinated \V1th the utility companies to relocate some of their underground and overhead utilities, to make room for the new improvements. Several 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 $1,256,263.41 and the amount allocated to the property owners was $214,181.10. Method of Apportionment The City of Chula Vista has offered the Castle Park area property owners an incentive to form an Assessment District 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 the driveway aprons and the relocation of private improvements within the City right- of-way. Costs must be apportioned to each property based on the area of the driveway aprons along the property's frontage and any private improvement relocation within the City's right-of-way. The breakdown of construction costs among the fifty-nine 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 on each side of the driveway. Private improvement relocation is also included in the property owners' construction costs. The final property owner's share of the cost for the street improvement project was $214,181.10. 52'1' f 9 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: TABLE 2 Private Preliminary Address . Assessor's Improvement Assessment from Final Parcel Number Preliminary Assessment Modifications Ennineer's Report 1237 FIRST AV I 619-261-47 I $7,500 $3,338.70 1154 FIRST AV 619-192-22 $5,508 $2,526.50 1117 FIRST AV 619-151-04 $4,356 $1,59960 1179 FIRST AV 619-201-03 I $5,772 $3,044.20 1138 FIRST AV 619-142-12 I $3,192 $1,887.90 1134 FIRST AV 619-142-11 $3,972 $2,154.50 1255 FIRST AV 619-270-02 Tree $5,280 $4,52460 1209 FIRST AV 619-261-10 $7,356 $2,957.40 1219 FIRST AV I 619-261-11 $5,256 $2,269.20 1180 FIRST AV 619-192-16 $6,084 $3,245.70 1160 FIRST AV 619-192-20 $2,988 $2,897.20 1254-1256 FIRST AV 619-250-38 $5,784 $3,782.20 103 GLEN HAVEN WY 619-250-36 $3,276 $1,773.20 1276-1278 FIRST AV 619-250-37 $10,584 $6,133.40 1186 FIRST AV 619-192-27 $9,168 $4,89180 1155 FIRST AV I 619-201-16 I Post and rail $7,064 $7,06400 fence 1239 FIRST AV I 619-261-25 I 2 trees $4,604 $3,488.00 1235 FIRST AV I 619-261-45 I 5148.00 $4,35550 1129 FIRST AV I 619-1.51-06 Chain link fence $8,984 $4,652.60 1265 FIRST AV 619-270-14 $2,772 $1,903.40 1176 FIRST AV 619-192-17 $4,4 76 $2,083.20 1286 FIRST AV 619-250-10 $2,412 $1,029.20 1197 FIRST AV , 619-201-07 Wooden fence & $7,604 $2,920.20 post &rail fence 1149 FIRST AV 619-151-10 $6,672 $2,045.40 108-110 HENRY LANE 619-232-18 $4,200 $3,425 50 1251 FIRST AV I 619-270-01 $3,144 $3,144.00 1112 FIRST AV 619-142-07 $4,992 $2,356.00 1172 FIRST AV 619-192-18 $2,724 $1,964.10 ~qtn Private Preliminary Address Assessor's Improvement Assessment from Final Parcel Number Preliminary Assessment Modifications Enaineer's Report 1103 FIRST AV 619-151-01 $8,136 $3,090.70 1247 FIRST AV 619-261-17 $5,808 $4,727.50 1280 FIRST AV 619-250-19 $6,744 $4,104.40 1169 FIRST AV 619-201-01 Wrought iron I $10,424 $10,424.00 fence, 2 trees 1122 FIRST AV 619-142-09 $7,104 $3,685.90 1128 FIRST AV 619-142-10 $3,708 $2,109.60 1248 FIRST AV 619-232-39 $5,916 $5,91600 1195 FIRST AV 619-201-06 Chain link fence $8,612 $5,451.00 1139 FIRST AV 619-151-08 Wrought iron $8,288 $6,228.40 fence 1214 FIRST AV 619-232-17 $5,004 $1,711.20 1173 FIRST AV 619-201-02 I Chain link fence $9,932 $5,898.20 106 PALOMAR ST 619-250-18 $2,400 $1,171.80 1111 FIRST AV 619-151-03 $7,524 $4,209.80 1133 FiRST AV 619-151-07 Tree and fence $6,764 $3,045.20 1116 FIRST AV 619-142-27 $6,024 $3,245.70 1118 FiRST AV 619-142-28 $5,472 $4,535.20 1143 FIRST AV 619-151-09 $9,480 $4,305.90 1156 FIRST AV 619-192-21 $3,300 $3,300.00 1107 FIRST AV 619-151-02 $7,368 $2,945.00 1157 FIRST AV I 619-201-15 Wrought iron $11,264 $7,178.70 fence 1142 FIRST AV 619-142-13 $3,192 $1,680.20 1204 FIRST AV 619-232-14 $4,488 $1,757.70 1227 FIRST AV 619-261-32 I $4,024.00 Tree $15,032 1153 FIRST AV 619-201-17 2 trees, chain $8,180 $8,124.60 fence 97 OXFORD ST 619-261-01 $4,968 $2,16380 1185 FIRST AV 619-201-04 $4,884 $3,656.20 1189 FIRST AV I 619-201-05 Post and rail $6,860 $5,497.60 fence 1188 FIRST AV 619-192-14 $3,192 $1,255.50 1168 FIRST AV 619-192-19 $3,816 $1,205.90 1206 FIRST AV 619-232-16 I $5,148 $1,990.20 1123 FIRST AV 619-151-05 Chain link fence I $8,084 $8,084.0 ~ift, ~.. -...~ FlI~AL BOUNDARIES ,ASSESSMENT DISTRICT 2007-01 1913 ACT ItvlFJROVEMENT DISTRICT CITY Of CHULA VISTA. COUNT'( Of SAN DIEGO. STATE Of CALIFORNIA I - ;T:;;T-- I ~ I ~I ~. m ~~ ~; ~ ~~ ~; ~ m ~! m ~. ~ ~ m I! 1m il! I n U~U~I 111~Dmnlll m, Iii ~'!~ 1m IIIIJI i U II I ~,J u m.".. ! i I D ~ I[!' ~ D!l D IIIII ' mil tiG_ ~ ! I'S<> ~ ~ I "Dm a:Il'" '11"" nft wmu !iN'12IU'J'lt:l J'Atf'I;~{J If).tq,lflD [f' nt: .s,ulaE_r ~T. aTr (f tHJl.. ,tiT,,- e>>..a', er !ilillll)).). ST~IT (PI (;.U~~ ""I I.I1'IlUoCl SlY 't<< art etl.fttJ.. (F llEQffltl A~w-aUtalt.'l'(l:F.}fJJ) (J1111[_='",(.( ,In.r ~liQ,---.,. I1...D:l ntt_n",r a:_, >>:'t.I. ..x>>(----J\.T I'A:[ ----fl!- WHI flf' ~s;u.:;l\T Ill';;lb:n 1M nc ,,,0:: J;J' nc CQ.tII"i' ~l'Cfnt:<<uIT1'(f'~'tJ>>.f1,....:erUl...ltR\Il. LEGEND; ~ lofE,'fK~Dm. I\w.oL..~tNT tcmtCi IOHUl' ","-,A,P~ IoCr It. -Mf (f ctmt:T CWwlYlltmlUll Q),l1(J't Ql ~ \'110;0 UTr (lDt\. aN (( Uf.u. 'IUD , , ru:> '" 'nit. <:r7U a' ne CITY n.r:v: U' nt!: cm ('f.;w~ 'I4nll llIl_D~l' tfo----, >>.... (fTt (1Dl', aft (F UW.), wm f&OEolC( Jl HEiDrt l",ll["J) K {;:l).,.ttfr cr WI aan. ST"ttCr(;IU'l'm\,l~i'''~iII-.rsrot",1.UXl nlE't~ q:: I~"W#L "NKU\, . adAWrA M ~ ~ ~ Cd ~ ~ "' > '" '" 017S-\t))D:;I1-o1 W.o. hO. STUoJ RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COlJNCIL OF THE CITY OF CHULA VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR FIRST AVEr-mE .ASSESSjVffiNT DISTRICT 2007-01 WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July 17, 2007, rhe City Co.uncil accepted a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue, approved the Preliminary Engineer's Report, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, pursuant to Resolution 2007-272, adopted on December 4,2007, the City Council ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; and WHEREAS, Ciry 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 51,158,627.22 to the low bidder, Jimenez, Inc. DBA MJC ConstlUction, pursuant to Resolution No. 2008-130 on May 20,2008; and vY'HEREAS, the construction of the improvements is complete and the final Engineer's Report First A venue Sidewalk Improvements 1913 Act Assessment District lill 2007-01 dated June 23, 2009 (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 fmalized. 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 First Avenue Assessment District 2"007 -0 1. Richard A. Hopkins Director ofPubhc Works Presented by . K:\ENGfNE:::R\RESOS\Resos2009\06.2.]..Q9\final Ass Reso l.doc 2-23. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VIST A ACCEPTING THE DEFERRAL OF ASSESSMENTS At'ill ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR FIRST AVENUE ASSESSMENT DISTRICT 2007-01 WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July 17, 2007, the City Council accepted a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue, approved the Preliminary Engineer's Report, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on July 18, 2007 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 5:00 p.m. on September 11, 2007, a public hearing was held on September II, 2007, and the ballots remained sealed until the public hearing was closed. After the public hearing was closed, the ballots were tabulated, of the 61 property ovmers, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, the establishment of the Assessment District; and WHEREAS, pursuant to Resolution 2007-272, adopted on December 4,2007, the City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; 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 $1,158,627.22 to the low bidder, Jimenez, Inc. DBA MJC Construction, pursuant to Resolution No. 2008-130 on May 20,2008; 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 2-24 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 lmpaid 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 tmpaid 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 and establishes the rate of interest of five percent (5%) per year and financing period of a maximum of ten years applied to the deferrals for First Avenue Assessment District 2007-01. Presented by Richard A. Hopkins Director of Public Works K:\ENGrNEER\RESOS\Resos2009\06-23-09\FinaI Ass Reso 2.doc 2-25 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMOUNTS OF THE FINAL ASSESSMENTS FOR PROPERTIES WITHIN .ASSESSMENT DISTRICT 2007-01, AUTHORIZING THE PLACEMENT OF LIENS IN THE AtYlOUNT OF THE ASSESSMENTS ON THE RESPECTIVE PROPERTIES, MID AUTHORIZING THE COLLECTION OF THE ASSESSMENTS AT THE SAME THvIE At'l"D IN THE SAME !'vIAi\iNER AS OTHER CITY PROPERTY TAXES At'lD ASSESSMENTS ARE COLLECTED BY HIE COUNTY RECORDER OF THE COUNTY OF SAt'l" DIEGO. WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July 17, 2007, the City Council accepted a petition requesting the formation of an Assessment District for First Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue, approved the Preliminary Engineer's Report, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on July 18, 2007 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 5:00 p.m. on September 11,2007, a public hearing was held on September II, 2007, and the ballots remained sealed until the public hearing was closed. After the public hearing was closed, the ballots were tabulated, of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, the establishment of the Assessment District; and WHEREAS, pursuant to Resolution 2007-272, adopted on December 4,2007, the City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepared; 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 $1,158,627.22 to the low bidder, Jimenez, Inc. DBA MJC Construction, pursuant to Resolution No. 2008-130 on May 20, 2008; and WHEREAS, the construction of the improvements is complete; and 2-26 RESOLUTION NO. 2009 - WHEREAS, of the total construction costs, only two hundred fourteen thousand one hundred eighty one dollars and ten cents ($214,181.10), the costs 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 of ten (10) years; and WHEREAS, the collection of assessments shall be at the same time and manner as other City taxes property taxes and assessments are collected by the County Recorder of the County of San Diego. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the amounts of the fmal assessments for properties within Assessment District 2007-0 I, authorizes the placement of liens in the amount of the assessments on the respective properties, and authorizes the collection of the assessments at the same time and in the same manner as other city property taxes and assessments are collected by the County Recorder of the County of San Diego. Presented by Richard A. Hopkins Director of Public Works K:\ENGrNEER\RESOS\Resos2009\06-23.09\FinaI Ass Reso 3.doc 2-27 RESOLUTION NO. 2009 - Exhibit A Address Assessor's Parcel Final Assessment Number 1237 FIRST AV I 619-261-47 $3,338.70 1154 FIRST AV 619-192-22 $2,526.50 1117 FIRST AV 619-151-04 $1,599.60 1179 FIRST AV 619-201-03 $3,044.20 1138 FIRST AV I 619-142-12 $1,887.90 1134 FIRST AV 619-142-11 $2,154.50 1255 FIRST AV I 619-270-02 I $4,524.60 1209 FIRST AV I 619-261-10 $2,95740 1219 FIRST AV 619-261-11 $2,269.20 1180 FIRST AV 619-192-16 $3,245.70 1160 FIRST AV I 619-192-20 I $2,897.20 1254-1256 FIRST AV I 619-250-38 $3,782.20 103 GLENHAVEN 'NY 619-250-36 $1,77320 1276-1278 FIRST AV 619-250-37 $6,13340 1186 FIRST AV 619-192-27 $4,891.80 1155FIRSTAV 619-201-16 $7,064.00 1239 FIRST AV 619-261-25 $3,488.00 1235 FIRST AV 619-261-45 I $4,355.50 1129 FIRST AV 619-151-06 $4,652.60 1265 FIRST AV 619-270-14 $1,90340 1176 FIRST A V 619-192-17 $2,083.20 1286 FIRST AV 619-250-10 $1,029.20 1197 FIRST AV I 619-201-07 $2,920.20 1149 FIRST AV 619-151-10 $2,04540 108-110 HENRY LANE 619-232-18 $3,425.50 1251 FIRST AV 619-270-01 $3,144.00 1112 FIRST AV 619-142-07 $2,356.00 1172 FIRST AV 619-192-18 $1,964.10 1103 FIRST AV 619-151-01 $3,090.70 1247 FIRST AV 619-261-17 I $4,727.50 2-28 RESOLUTION NO. 2009 - Address Assessor's Parcel Final Assessment Number 1280 FIRST AV I 619-250-19 $4,104.40 1169 FIRST AV I 619-201-01 $10,424.00 1122 FIRST AV 619-142-09 $3,685.90 1128 FIRST AV 619-142-10 $2,109.60 1248 FIRST AV 619-232-39 I $5,916.00 1195 FIRST AV 619-201-06 I $5,451.00 1139 FIRST AV 619-151-08 $6,228.40 1214 FIRST AV 619-232-17 $1,711.20 1173 FIRST AV 619-201-02 $5,898.20 106 PALOMAR ST 619-250-18 $1,171.80 1111 FIRST AV 619-151-03 $4,209.80 1133 FIRST AV 619-151-07 $3,045.20 1116 FIRST AV 619-142-27 $3,245.70 1118 FIRST AV I 619-142-28 $4,535.20 1143 FIRST AV 619-151-09 $4,3"0590 1156 FIRST AV 619-192-21 $3,300.00 1107 FIRST AV 619-151-02 $2,945.00 1157FIRSTAV 619-201-15 $7,178.70 1142 FIRST AV 619-142-13 $1,680.20 1204 FIRST AV 619-232-14 $1,75770 1227 FIRST AV 619-261-32 $4,02400 1153 FIRST AV 619-201-17 $8,12460 97 OXFORD ST 619-261-01 . $2,163.80 1185 FIRST AV I 619-201-04 $3,65620 1189 FIRST AV I 619-201-05 $5,497.60 1188 FIRST AV I 619-192-14 $1,25550 1168 FIRST AV I 619-192-19 $1,205.90 1206 FIRST AV I 619-232-16 $1,990.20 1123 FIRST AV 619-151-05 $8,084.0 2-29