HomeMy WebLinkAbout2010/05/25 Item 7
CITY COUNCIL
AGENDA STATEMENT
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;$ ~ ClIT OF
,~ (HULA VISTA
5/25/10, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FOR FILING THE FINAL ENGINEER'S
REPORT FOR GLENHA VEN WAY ASSESSMENT DISTRICT 2008-
01
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND
ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%)
PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF
TEN YEARS APPLIED TO THE DEFERRALS FOR GLENHA VEN
WAY ASSESSMENT DISTRICT 2008-01
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AMOUNTS OF THE FINAL
ASSESSMENTS FOR PROPERTIES WITHIN ASSESSMENT
DISTRICT 2008-0 I, AUTHORIZING THE PLACEMENT OF LIENS IN
THE AMOUNT OF THE ASSESSMENTS ON THE RESPECTIVE
PROPERTIES, AND AUTHORIZING THE COLLECTION OF THE
ASSESSMENTS AT THE SAME TIME AND IN THE SAME
MANNER AS OTHER CITY PROPERTY TAXES AND
ASSESSMENTS ARE COLLECTED BY THE COUNTY RECORDER
OF THE COUNTY OF SAN DIEGO ~ ~
DIRECTOR OF PUBLIC WORKS ~
ASSIST ANT DIRECTOR OF ENGINE~
CITY MANAGER ~
ASSIST ANT CITY kANAGER "'> r
4/5THS VOTE: YES D NO ~
SUBMITTED BY:
SUMMARY
On Febmary 3,2009, Council adopteu Resolution No. 2009-026, certifying the results ofthe 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 XmD ofthe Constitution of
the State of California ("Article XIlID"). On February 17,2009. Council adopted Resolution No.
2009-034 awarding a contract in the amount 01'$516,812.25 for the construction ofthe "Glenhaven
Way Improvements Between First Avenue and Amy Street in the City of Chula Vista, California
(STL-304)" Project to Hillcrest Contracting, Inc. The work is now complete and a resolution is now
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5/25/10, Item 7
Page 2 of 5
required to accept filing of the Engineer's Report on the cost of constmction, 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.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA),
since federal monies were used for STL-304 and has detennined that the proposed activity was
adequately covered in the previously adopted Notice of Exemption pursuant to CEQA Guidelines
and the Environmental Assessment (EA-M-08-MC-07-0505) prepared pursuant to NEPA as
implemented by the U.S. Department of Housing and Urban Development (HUD). Thus, no further
environmental review or documentation is necessary.
RECOMMENDATION
Council adopt the resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On December 09,2008, Council adopted Resolutions 2008-277 accepting a petition signed by the
property owners along Glenhaven Way (First Avenue to Amy Street) for the formation of an
assessment district pursuant to the Block Act to finance the construction of missing sidewalk
improvements (Attachment I). On December 16, 2008, Council adopted Resolution 2008-291
approving the Preliminary Engineer's Report for the proposed Assessment District No. 2008-01, and
setting the time and place for a public hearing, and ordered the initiation of Assessment District
ballot proceedings (Attachment 2).
Cost Information
The cost information contained in Table 1, under Preliminary Assessment, was obtained from the
Preliminary Engineer's Report and was included on the property owners' Assessment District ballots
as the amount of the proposed assessment to be levied against each respective parcel. The total
project cost, which includes construction and staff costs, was estimated to be $1,240,352.25, of
which the property owners' share was estimated to be $204,435 to cover the costs of constructing
concrete driveways and any private improvement relocations. These ballots were subsequently
mailed to the property owners on December 19, 2008.
On February 3, 2009, Council hcld the public hearing on the Glenhaven Way sidewalk
improvements. There was no public testimony, so the hearing was closcd and ballots were tabulated.
Since more than 50% of the property owners voted in favor of the proposed ass.essments, Council
adopted Resolution No. 2009-026 (Attachment 3), 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.
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5/25110, Item 7
Page 3 of 5
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. The City received the following bids from fourteen (14) contractors for the constmction
phase:
CONTRACTOR BID AMOUNT
1. Hillcrest Contracting, Inc. - Corona, CA $516,812.25
2. Hazard Construction Company, Inc. - San Diego, CA $528,000.00
3. 3D Enterprises, Inc. - San Diego, CA $533,380.00
4. Southland Paving, Inc. - Escondido, CA $546,943.55
5. HTA Engineering & Construction, Inc. - Poway, CA $548,174.00
6. L.B. Construction, Inc. - San Diego, CA $551,110.00
7. MJC Construction - Bonita, CA $569,603.75
8. New Century Construction, Ine - Lakeside, CA $570,057.50
9. C & B Concrete - San Diego, CA Non-Responsive
10. Heffler Company, Inc. - National City, CA $576,481.50
I!. Portillo Concrete, Inc. - Lemon Grove, CA $587,587.00
12. Zondiros Corp, Inc. - San Marcos, CA $595,100.00
13. Scheidel Contracting, Inc. - EI Cajon, CA $618,679.65
14. Palm Engineering, Inc. - San Diego, CA $619,713.00
The low bid by Hillcrest Contracting Inc., of $516,812.25 was $176,467.75 (25%) below the
Engineer's estimate of$693,280. 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$516,812.25 on February 17, 2009, Resolution
2009-034.
Hillcrest Contracting, 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 construction costs to be assessed to the property owners
totals $82,391.86
Final Cost'
Staff has completed the accounting of the expenditures and apportionment to property owners, as
shown in the Engineer's Report (Attachment 4). This document amends the Preliminary Engineer's
Report dated December 16, 2008 and adopted by Council on December 16, 2008. Since the amounts
now allocated to the property owners based on actual constmction costs arc 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. 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 construction.
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5/25/10, Item 7
Page' 4 of 5
Assessor's Parcel Preliminary Assessment from
Property Address Number Preliminary Engineer's Report Final Assessment
1260 FIRST AVENUE 619-250-39 $2,790 $1,806.00
110 GLENHAVEN WAY 619-250-40 $6,785 $2,268.00
116 GLENHAVEN WAY 619-250-41 $2,475 $1,126.13
122 GLEN HAVEN WAY 619-250-42 $5,640 $2,252.25
128 GLENHAVEN WAY 619-250-43 $7,900 $1,771.18
134 GLEN HAVEN WAY 619-250-44 $4,170 $924 00
140 GLENHAVEN WAY 619-250-45 $4,800 $1,580.25
146 GLENHAVEN WAY 619-250-46 $5,100 $1,866.38
152 GLENHAVEN WAY 619-250-47 $4,230 $1,527.75
1255 ELM AVENUE 619-250-48 $6,605 $1,275.75
1259 ELM AVENUE 619-250-49 $3,960 $1 ,807.31
150 AMY STREET 619-231-23 $2,925 $1,107.75
154 AMY STREET 619-231-22 $2,925 $1,107.75
158 AMY STREET 619-231-21 $2,925 $1,107.75
162 AMY STREET 619-231-20 $8,790 $3,077.81
166 AMY STREET 619-231-19 $9,015 $3,168.38
170 AMY STREET 619-231-18 $8,115 $2,995.13
174 AMY STREET 619-231-17 $2,385 $1,050.00
178 AMY STREET 619-231-16 $2,385 $1,050.00
1253 SECOND AVENUE 619-250-03 $4,425 $1,472.63
1258 ELM AVENUE 619-250-23 $13,710 $8,315.06
175 GLEN HAVEN 619-250-24 $7,005 $2,787.75
169 GLENHAVEN 619-250-25 $14,700 $7,623.00
163 GLENHAVEN WAY 619-250-26 $4,995 $6,310.50
157 GLENHAVEN WAY 619-250-27 $9,985 $3,134.25
151 GLENHAVEN WAY 619-250-28 $7,860 $2,588.25
145 GLENHAVEN WAY 619-250-29 $6,450 $2,312.63
139 GLENHAVEN WAY 619-250-30 $6,180 $2,291.63
133 GLEN HAVEN WAY 619-250-31 $7,020 $2,383.50
127 GLENHAVEN WAY 619-250-32 $6,045 $2,076.38
121 GLENHAVEN WAY 619-250-33 $10,455 $4000.50
115 GLEN HAVEN WAY 619-250-34 $4,890 $1,779.75
109 GLENHAVEN WAY 619-250-35 $4,005 $1,443.75
103 GLENHAVEN /1270 FIRST 619-250-36 $2,790 I $1,002.75
AVENUE
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5/25/10, Item 7
Page' 5 of 5
Following confirmation of the final assessments, property owners will have the option of paying any
portion of their assessment during a 30-day payoffperiod 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 pnncipal at a maximum rate of seven percent
per year (7%). Based on the current interest rates, the City will charge five percent interest (5%) 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 2011.
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 ease of delinquency as
applicable for ad valorem taxes.
DECISroN 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.
CURRENT YEAR FISCAL IMPACT
A total of $1,249,163.68 was appropriated from Section 108 Loan of Community Development
Block Grant (CDBG) fund for planning, design work, and construction of missing sidewalk
improvements and pavement reconstruction along Glenhaven Way between First Avenue and Amy
Street. A total of $82,391.86 shall be repaid by property owners for concrete driveway aprons and
private improvement relocation and will reimburse the Section 108 Loan ofCDBG fund.
ONGOING FISCAL IMPACT
Upon completion ofthe project and one-year contractor maintenance period, the improvements will
require only routine nom1al maintenance of the street facilities and storm water best management
practices.
ATT ACHMENTS
1. Resolutions 2008-277
2. Resolutions 2008-291
3. Resolution 2009-026
4. Final Engineer's Report
Prepared by BOllslzra Salem, Senior Civil Engineer, Public Works Department -Engineering
j"\Engineer\AGENDA \CAS20 1 0\05-25-1 O\STU04-G1enh'lVen AD final construction. doc
7-5
Attachment 1
RESOLUTION NO. 2008-277
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PErmON AND DECLARING
ITS INTENTION TO INITIATE PROCEEDINGS TO
CONSIDER THE FORMATION OF AN ASSESSMENT
DISTRICT FOR GLENHA VEN WAY FOR THE PURPOSE OF
FINANCING THE CONSTRUCTION OF STREET
IMPROVEMENTS
WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way
west of First A venue are currenlIy without curbs, gutters and sidewalks: and
WHEREAS, the City has received a petition signed by 27 of the 37 residents of this
neighborhood requesting the initiation of proceedings to consider the formation of an assessment
district to finance the construction of these improvements; and
WHEREAS, the boundaries of the proposed assessment district are Glenhaven Way from
First A venue to the west end of the street, continuing onto Elm Avenue and then Amy Street to
its western terminus; and
WHEREAS, the project consists of the construction of curb, gutter. sidewalk and
driveway aprons and the replacement of the pavement within the proposed assessment district
boundaries.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
1.
Thm it accepts a petition requesting the initiation of proceedings to consider
the fonnation of an assessment district to finance the construction of curb,
guner, sidewalk and driveway aprons and to replace the pavement within the
proposed assessment district boundaries.
..,
That it declares its intention to initiate proceedings to consider the fOl111ation
of an assessment district to finance the construction of curb, gutter, sidewalk
and driveway aprons and 10 replace the pavement within the proposed
assessment district boundaries.
3.
111a\ it refers the proposed construction of curb, gUller, sidewalk and
driveway aprons and' replacement of the pavement within the proposed
assessment district boundaries to the City Engineer and directs the City
Engineer to prepare: or to cause to be prepared, an Engineer's Report in
confOl111ance with California Constitution Article XIII DS4 and the Municipal
Imnrovement Act of 1913. California Streets and Highwavs Code section
7-6
Resolution No. 2008-277
Page 2
Presented by
Approved as to form by
~~~
Richard . op " s
Engineering Director
~(~
Bart C. liesfeld
Interim City Attorney
-
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 9th day of December 2008 by the following vote:
AYES:
Councilmcmbers:
Bensoussan, Castaneda, MCCarul, Ramirez. and
Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
(t~
Cheryl Cox, ayo
ATTEST:
J~ K /V;~
Donna R. Norris, CMe, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA)
I, Donna R. Norris, City Clerk of Chula Vista, California. do hereby certify that the foregoing
Resolution No. 2008-277 was duly passed, approved. and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 9th day of December 2008.
Executed this 9th day of December 2008.
J~ If, ;v.;~
Donna R. Norris~ CMC, City Clerk
7-7
Attachment 2
RESOLUTION NO. 2008-291
RESOLUnON OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE ENGI1\'EER'S
REPORT FOR PROPOSED ASSESSMENT DISTRlCT AD
2008-01 ALONG GLENHA VEN WAY AND SETTING
THE TIME AND PLACE FOR A PUBLIC HEARING
WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way
west of Firs! Avenue are currently without curbs, gutters and sidewalks: and
WHEREAS, the City has received a petition signed by 27 of the 37 residents of this
neighborhood requesting the initiation of proceedings to consider the formation of an assessment
district to Enance the construction of these improvements: and
WHEREAS, on December 9, 2008. pursuant to Resolution No. 2008-277, the City
Council accepted the petition, declared its intention to initiate proceedings to consider the
formation of an assessment district, tllld directed the City Engineer to prepare an Engineer's
Report; and
WHEREAS, City staff. at the City Engineer's direction, has prepared the Engineer's
Report containing thc preliminary design, cost estimates. and assessment district boundary for
proposed Assessment District AD 2008-01.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
I. That it approves the Engineer's Report for proposed Assessment District AD 2008-0J
along Glenhaven Way.
" ThaI it sets the time tl11d place of the public hearing regarding the proposed formation
of Assessment District AD '2008-01 for 4:00 p.m. on Tuesday February 3, 2008 in
City Council Chanlbers, 276 Fourth A venue.
Presented by
Approved as to form by
12~~~
RIchar A. kins
Engineering Director
---<7 k I / /<;~--~
;' /' r .'; ./ /c::::.---r "
,) .. /,.'.' -"., ,"-..
'IV-V ;'.-- "
Bart C. Miesfeld - / '
'~ity Attorney
7-8
Resolution No. 2008-29]
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 16th day of December 2008 by the following vote:
AYES:
Councilmembers:
Bensoussan, McCann, Ramirez, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Castaneda
(~
Cheryl cox1J~
ATTEST:
AI) Ift...w. !? iC;';u.;v
Donna R. Norris, tMC, i::-fty Clerk
STATEOFCALlFOR..t'lIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2008-29 I was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of December 2008.
Executed this 16th day of December 2008.
J~ f!. ;V;Mv1
Donna R. Norris/CMC, City Clerk
7-9
Attachment 3
RESOLUTION NO. 2009-026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE RESULTS OF THE
PUBLIC HEARING AND ASSESSMENT DISTRlCT BALLOT
TABULATION FOR PROPOSED ASSESSMENT DISTRlCT
NO. 2008-01 \GLENHAVEN WAY), ORDERING THE
FORMATION AND ESTABLISHMENT OF SUCH DISTRlCT,
IMPOSlTlON OF ASSESSMENTS ON PROPERTIES
THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS
RELATED THERETO
WHEREAS, residential properties along Glenhaven Way, Elm Avenue and Amy Way
west of First A venue are currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 27 of the 37 residents of this
neighborhood requesting the initiation of proceedings to consider the formation of an assessment
district to finance the construction of these improvements; and
WHEREAS, on December 16, 2008, the City Council adopted Resolution No. 2008-291
approving the Engineer's Report for the proposed Assessment District 2008-01 along Glenhaven
Way. set the time and place for a public hearing and ordered the initiation of assessment
balloting proceedings.
NOW, THEREFORE, BE IT RESOLVED that City Council of the City of Chula Vista
finds as follows:
1. That the Public Hearing for the formation of the Assessment District 2008-01 was
properly noticed.
2. That Assessment Ballots including the Notice of Public Hearing were provided to all
owners within the approved Assessment District Boundary on December 19, 2008.
3. That the Public Hearing was held at the time and place identified in the Notice.
4. That all interested parties had the opportunity to be heard.
5. That the Council has considered all objections or protests.
6. That following the conclusion of the Public Hearing, the ballots were counted by an
impartial individual.
7-10
Resolution No. 2009-026
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as
follows:
1. That the Council hereby receives and approves the Certificate of the Election Official and
Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official,
identifying the number of votes submitted for and/or against the establishn1ent of the
assessment district and properties upon which such assessments shall be placed. A copy
of said Certificate and Statement is attached hereto, marked as Exhibit "A" and by this
reference, incorporated herein.
2. That the Council approves the new assessments and apportionment according to the
reports submitted.
3. That the Council orders the formation and establishment of Assessment District AD
2008-0] along Glenhaven Way.
4. That the Council orders the construction of improvements related thereto.
5. That the Council orders the new assessment role to be recorded with the County
Recorder.
6. That the City Clerk is hereby directed to enter in the minutes the results of the election as
set forth in said Statement of Votes Cast.
Presented by
Approved as to form by
,
~~~.~
B~. ~~fe d:./
City Attorney
~>'
..((,./~" I
._.o."v,[~
/
7-11
Resolution No. 2009-026
Page 3
PASSED. APPROVED. and ADOPTED by the City Council of the City ofChula Vista.
California, this 3rd day of February 2009 by the following vote:
AYES:
Councilrnembers:
Bensoussan, Castaneda, McCann, Ramirez, and
Cox
NAYS:
Councilrnembers:
None
ABSENT:
Councilmembers:
None
A TIEST:
L t ilc{f;',;'i,
Donna R. Norri~, C. , Ci y Clerk
ST ATE OF CALIFOfu'JIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-026 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 3rd day of February 2009.
Executed this 3rd day of February 2009.
A~~ II ;Vo~
Donna R. Norris, tMc, City Clerk
9
7-12
EXHIBIT "A"
Resolution No. 2009-026
Page 4
CERTIFICATE OF ELECTION OFFICIAL
AND ST A TEMEJI.'T OF VOTES CAST
ST ATE OF CALIFOR.NIA )
COl..JNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY,
that at the conclusion of the public hearing upon the proposed assessment in accordance
",'ith the provisions of subdivision (d) of Section 53753 of the Government Code, I, an
impartial individual, did tabulate the ballots submitted and not v.'itbdrawn, in accordance
v.'ith the provisions of subdivision (e) of Section 53753 of the Government Code at the
hearing on
CITY OF CHULA VISTA
GLENH/1. YEN ASSESSMENT DISTRICT
NO. 2008-01
in said City, held February 3rd, 2009.
I FURTHER CERTrFY that this Statement of Votes Cast shows the whole number of
votes cast for the formation and establishment of said district and the imposition of
assessments on the properties therein and the totals therefore as shown below are full,
true, and correct.
VOTES CAST
YES
9
3
NO
WITNESS of my hand and Official Seal this 3rd day of February 2009
AiL! A:M-v:
DOnIla R. Norris, CMC
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
7-13
Attachment 4
ENGINEER'S REPORT
GLENHAVEN WAY
SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
AD 2008-01
May 25, 2010
7-14
Engineers Reporf
GleH!wFe/( Sidcllialk Impro).'emeJJIS
AD ]()()8-0/
()5/]5/]() / 0
Background
Glenhaven Way, from First Avenue to the west end of street, continues into Elm Avenue and
Amy Street (referred to as Glenbaven Way Assessment District) at tbe westem terminus in
the City of Cbula Vista. Tbe subject Assessment District is a residential street witb an SO-
foot widtb of right-ol:way and is located within the Castle Park area of the City of Cbula
Vista. The Castle Park area is generally bounded by Tbird Avenue to the west, Hilltop Drive
to the east, N2ples Street to the nortb, and Palomar Street to the soutb. Existing
improvements within the Glenhaven Way Assessment District boundaries generally consist
of asphalt concrete pavement with some existing curb-and-gutter improvements.
On December 9, 200~ the City Council accepted a petition signed from 27 of the 37 property
owners along Glenhaven Way, Elm Avenue and Amy Street west of First Avenue requesting
that special assessment district proceedings be commenced for the purpose of linancing the
construction of curbs, gutters, siuewalks and street improvements in accordance with the
Improvement Act of 1913. Subsequently, on February 03, 2009, a Public Hearing was
held at the City of Chula Vista Council Cbambers and ballot proceedings were conducted.
Sixty-nine percent of the property owners voted in favor of Assessment District formation.
On February 17,2009, the City Council accepted bids and awarded the contract to Hillcrest
Contracting, Inc., for the construction of street improvements on Glenhaven Way.
The City currently has a policy regarding participation in 19\3 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 rclocate 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 sidcwalk,
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).
Page 2 of7
7-15
Engineers Report
Glelllwl'ell Sidewalk Improvements
AD lOOS-O/
05/l5120/ a
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 2008-01, Glenhaven Way Assessment District. 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 assessmcnt to be levied against each respective parcel, which will benefit
li'Oln these improvements and would be a part of the district:
TABLE 1
Assessor's Parcel Private Improvement
Property Address Number iVIoditicatiolls Preliminary
Assessment
1260 FIRST AV. I 619-250-39 I NONE , $2,790
-' , !
, , EXIST CHAIN LINK GATE, ,
, i
, I
110 GLEN HAVEN WAY I 619-250-40 I POST &REMOVAL OF $6,785
PORTION OF CLF FENCE ,
116 GLENHAVEN WAY ! 619-250-41 I NONE I $2,475
, I
I ,
122 GLENHAVEN WAY ! 619-250-42 I NONE I $5,640
I
128 GLENHAVEN WAY I 619-250-43 I NONE I $7,900
134 GLEN HAVEN WAY 619-250-44 ! NONE ! $4,170
- ,
140 GLENHAVEN WAY ! 619-250-45 NONE i 54,800
-_..~~ ; i -.. -
146 GLENHAVEN WAY 619-250-46 NONE I 55,100
152 GLENHAVEN WAY I 619-250-47 I NONE I $4,230
I
.. I I REMOVAL/REPLACEMENT OF I
1255 ELM AVENUE 619-250-48 56,605
, , EXIST CLF/POST i
I
1259 ELM AVENUE ! 619-250-49 I NONE I 53,960
I I
150 AMY STREET I 619-231-23 NONE I 52,925
154 AMY STREET I 619-231-22 i NONE I $2,925
!
158 AMY STREET I 619-231-21 I NONE ! $2,925
! ,
I i
162 AMY STREET ! 619-231-20 I NONE I $8,790
166 AMY STREET I 619-231-19 I NONE I $9,015
I
I I I $8,115
170 AMY STREET , 619-231-18 ! NONE
174 AMY STREET I 619-231-17 I NONE I 52,385
-
178 AMY STREET I 619-231-16 i NONE \ $2,385
1253 SECOND AVENUE I 619-250-03 I NONE I $4,425
-'" i REMOVAL/REPLACEMENT OF I
i 619-250-23 $13,710
1258 ELM AVENUE i EXIST CLF/POST I
.."
Page 3 01'7
7-16
Engineers Report
Glellhavel/ Side\l'(llk 1!llprol'l!/lIeI1!S
AD 100S-0J
OS/25/10JO
Assessor's Parcel Private Improvement
Property Address Number Modifications Preliminary
Assessment
I I ,
175 GLENHAVEN 619-250-24 , NONE I $7,005
I
- I I I
169 GLEN HAVEN I 619-250-25 NONE 514,700
163 GLENHAVEN WAY I 619-250-26 I NONE I $4,995
I REMOVAL OF PORTION OF I
157 GLENHAVEN WAY 619-250-27 EXIST BLKWALL WI IRON $9,985
FENCE
.- I I RELOCATION OF EXIST i
151 GLEN HAVEN WAY 619-250-28 I PLASTIC RAIL FENCE ! $7,860
I !
145 GLEN HAVEN WAY I 619-250-29 NONE $6,450
I ,
- - I
139 GLENHAVEN WAY , 619-250-30 NONE , 56,180
, !
.-- i !
133 GLENHAVEN WAY 619-250-31 NONE I $7,020
--_._-~ I I I
127 GLEN HAVEN WAY 619-250-32 NONE $6,045
i I ,
121 GLENHAVEN WAY I 619-250-33 NONE I 510,455
, :
i , ,
115 GLENHAVEN WAY i 619-250-34 ; NONE I 54,890
; I
109 GLENHAVEN WAY I 619-250-35 I NONE I $4,005
,
103 GLENHAVEN /1270 I 619-250-36 I NONE I $2,790
FIRST AV. i
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 existll1g sidewalk at the north and south sides of First Avenue, adjacent to
Glenhaven Way, 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
with Ihe 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 reconstmcted to construct the proposed street
improvements. This work was conducted in conjunction with the street improvement
project. Total construction cost for the project was $1,249,163.68 and the amount allocated
to the property owners was $82,391,86.
Method of Apportionment
The City of Chula Vista has offered the Castle Park area property owners an incentive to
fon11 an Assessment District for the installation of street improvements. The City would pay
lor replacement of existing improvements and City staff costs related to planning, design,
Page 4 of7
7-17
Engineers Report
Glen}zavell Side\\'ulk improvements
AD 2008-0 I
OJ/2j/2010
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 thirty-four properties within the district is
shown in the [ollowing table below, TABLE 2. 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 linnl property owner's share of the cost for the street improvement project was
582,391.86. 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
Preliminary
Address Assessor's Parcel Assessment from Final Assessment
Number Preliminary
EnQineer's Report
1260 FIRST AV. I 619-250-39 $2.790 $1.806.00
110 GLENHAVEN WAY I 619-250-40 $6,785 $2,268.00
116 GLEN HAVEN WAY I 619-250-41 52,4 75 $1.126.13
122 GLEN HAVEN WAY I 619-250-42 $5,640 $2,252.25
128 GLEN HAVEN WAY I 619-250-43 $7,900 $1,771.18
134 GLENHAVEN WAY I 619-250-44 $4,170 $924,00
140 GLENHAVEN WAY 619-250-45 $4,800 $1,580.25
146 GLENHAVEN WAY I 619-250-46 $5,100 51,866.38
152 GLENHAVEN WAY 619-250-47 54,230 $1,527.75
1255 ELM AVENUE I 619-250-48 $6,605 $1,275.75
1259 ELM AVENUE I 619-250-49 $3,960 $1,807.31
150 AMY STREET I 619-231-23 $2,925 $1,107.75
154 AMY STREET I 619-231-22 $2,925 $1,107.75
158 AMY STREET I 619-231-21 $2,925 $1,107.75
162 AMY STREET I 619-231-20 $8,790 $3,077.81
166 AMY STREET I 619-231-19 $9,015 $3,168.38
170 AMY STReET I 619-231-18 $8,115 52,995.13
174 AMY STREET I 619-231-17 $2,385 $1,050.00
178 AMY STREET I 619-231-16 $2,385 $1,050.00
1253 SECOND AVENUE! 619-250-03 $4,425 I $1,472.63
1258 ELM AVENUE I 619-250-23 $13,710 58,315.06
175 GLENHAVEN I 619-250-24 $7,005 $2,787.75
169 GLEN HAVEN i 619-250-25 $14,700 $7,623.00
163 GLENHAVEN WAY 619-250-26 $4,995 $6,310.50
157 GLEN HAVEN WAY 619-250-27 $9,985 $3,134.25
151 GLENHAVEN WAY 619-250-28 $7,860 $2,588.25
Page 5 of7
7-18
EflgiJ/eers Report
Glen!?al'en ,':)idewalk J/IIprO\lell/enlS
AD 2008-01
OS/25/2010
Preliminary
Address Assessor's Parcel Assessment from Final Assessment
Number Preliminary
Enaineer's Report
145 GLENHAVEN WAY 619-250-29 $6,450 $2,312,63
139 GLENHAVEN WAY I 619-250-30 $6,180 $2,291.63
133 GLENHAVEN WAY I 619-250-31 $7,020 $2,383.50
127 GLEN HAVEN WAY I 619-250-32 $6,045 $2,076.38
121 GLENHAVEN WAY i 619-250-33 $10,455 $4000,50
115 GLENHAVEN WAY I 619-250-34 $4,890 $1,779.75
109 GLENHAVEN WAY I 619-250-35 $4,005 $1,443.75
103 GLENHAVEN 11270 I 619-250-36 $2,790 $1,002.75
FIRST AV,
Total of Final Assessments ~ $82,391.86
The Preliminary Assessment amounts were included on the ballots submitted to the property
owners and tallied in accordance with Article XmD of the Califomia Constitution. Since the
Final Assessment amounts are all equal to or lower than the Preliminary Assessment
amounts, no additional ballot process is necessary,
Page 6 of7
7-19
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EXHIBIT "A"
FINAL BOUNDARIES
ASSESSMENT DISTRICT 2008-01
1913 ACT IMPROVEMENT DISTRICT
CITY OF CHULA ViSTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
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aT'( Of Ci1ULA \lSTA. COUllrr Of SAN DIEGO, STAtE
OF CAUFORIlJA W~ APPROi'm BY THE tHY c<<JNOL
Of THE tHY .l.T A RECULAR,"EETlII" lHEJlEOF, HElD
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flLED lHIS_DAYOF_, 2010, Itl Il00K_ATPACE
_Of lIAP CfASSES:sl.lDlT OISTIlIGT5 IN THE o-tlc€ Of TIiE WJIlTY
RECORDER or 'tHE COllIH), Of' SAN DIEGO, STATE Of CAUFOI1NI.I..
MEA Of'IUPIlO\tuOlTS
f1N.+.LASSESS/.lENT
OlSTRICT BOUNDARY
NOT A PMT OF' OISiRlCT
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DfCHULA\1STATInS_O^YOf_,2IllD.
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STATEOI'C,o.(JFOfHilA~ORPAACElLlAPSfDRDETAJ1Hl
PILlms;OI~S Of' !NOI',\OUAL PAACE.S.
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RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING FOR FILING THE
FINAL ENGINEER'S REPORT FOR GLENHA VEN
WAY ASSESSMENT DISTRICT 2008-0 I
WHEREAS, pursuant to Resolutions 2008-277, adopted on December 09, 2008,
the City Council accepted a petition requesting the formation of an Assessment District
for Glenhaven Way (First A venue to Amy Street) for the purpose of financing the
construction of sidewalk improvements; and
WHEREAS, pursuant to Resolutions 2008-291, adopted on December 16,2008,
the City Council, approved the Preliminary Engineer's Report, adopted a map showing
the proposed boundaries for Assessment District No. 2008-01 (Glenhaven Way), set the
time and place for a public hearing, and ordered the initiation of assessment ballot
proceedings; and
WHEREAS, pursuant to Resolution 2009-026, adopted on February 3, 2009, the
City Council certitied the results of the public hearing and Assessment District ballot
tabulation, and ordered the installation of improvements pursuant to the Improvement Act
of 1913 (the "Block Act") and Article XIIID of the Constitution of the State of Cali fomi a
("Article XIIID"); 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 $516,812.25 to the low bidder, Hillcrest Contracting Inc., pursuant to
Resolution No. 2009-034 on February 17,2009; and
WHEREAS, the construction of the improvements is complete and the final
Engineer's Report Glenhaven Way Sidewalk Improvements 1913 Act Assessment
District AD 2008-01 dated May 25,2010 (Final Engineer's Report), which contains all
the information contained in the Preliminary Engineer's Report modified to retlect 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 Glcnhaven Way
Assessment District 2008-0 I.
Richard A. Hopkins
Director of Public Works
Presented by
7-21
RESOLUTION NO. 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DEFERRAL OF
ASSESSMENTS AND ESTABLISHING THE RATE OF
INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE
FINANCING PERIOD OF A MAXIMUM OF TEN YEARS
APPLIED TO THE DEFERRALS FOR GLENHA VEN WAY
ASSESSMENT DISTRICT 2008-01
WHEREAS, pursuant to Resolutions 2008-277 adopted on December 09, 2008,
the City Council accepted a petition requesting the formation of an Assessment District
for Glenhaven Way (First Avenue to Amy Street) for the purpose of financing the
construction of sidewalk improvements; and
WHEREAS, On December 16, 2008, Council adopted Resolution 2008-291
approved the Preliminary Engineer's Report, adopted a map showing the proposed
boundaries for Assessment District No. 2008-01 (Glenhaven Way) for the proposed
Assessment District No. 2008-01, and set the time and place for a public hearing, and
ordered the initiation of Assessment Ballot proceedings; and
WHEREAS, on December 19, 2008 ballots and ballot materials were mailed to
property owners. Property owners were informed that the ballots needed to be received
by the City Clerk's office prior to 4:00 p.m. On February 3, 2009, a public hearing was
held on February 3, 2009, and the ballots remained sealed. There was no public
testimony, so the hearing was closed and ballots were tabulated; and
WHEREAS, since more than 50% of the property owners voted in favor of the
proposed assessment, City Council certitied 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 pursuant to Resolution 2009-
026, adopted on February 3, 2009; and
WHEREAS, City stat I 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 $516,812.25 to the low bidder, Hillcrest Contracting Inc, pursuant to
Resolution No. 2009-034 on February 17,2009; 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
7-22
WHEREAS, not all the assessments have been fully paid and the City can collect
the unpaid balance over a maximum period of ten years, together with interest on the
unpaid principal at a rate not to exceed seven percent per year (7%); and
WHEREAS, City staff proposes to charge five percent interest (5%) for a period
of ten years on the unpaid balances of the assessments.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it accepts the deferral of the assessments and establishes the rate of
interest of tive percent (5%) per year and financing period of a maximum of ten years
applied to the deferrals for Glenhaven Way Assessment District 2008-01.
Presented by
Richard A. Hopkins
Director of Public Works
7-23
RESOLUTION NO. 20 I 0 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMOUNTS OF THE
FINAL ASSESSMENTS FOR PROPERTIES WITHIN
ASSESSMENT DISTRICT 2008-01, AUTHORIZING THE
PLACEMENT OF LIENS IN THE AMOUNT OF THE
ASSESSMENTS ON THE RESPECTIVE PROPERTIES,
AND AUTHORIZING THE COLLECTION OF THE
ASSESSMENTS AT THE SAME TIME AND IN THE SAME
MANNER AS OTHER CfTY PROPERTY TAXES AND
ASSESSMENTS ARE COLLECTED BY THE COUNTY
RECORDER OF THE COUNTY OF SAN DIEGO
WHEREAS, pursuant to Resolutions 2008-277, adopted on December 09, 2008,
the City Council accepted a petition requesting the formation of an Assessment District
for Glcnhaven Way (First Avenue to Amy Street) for the purpose of financing the
construction of sidewalk improvements; and
WHEREAS, pursuant to Resolutions 2008-291, adopted on December 16, 2008,
the City Council, approved the Preliminary Engineer's Report, adopted a map showing
the proposed boundaries for Assessment District No. 2008-01 (Glenhaven Way), set the
time and place for a public hearing, and ordered the initiation of assessment ballot
proceedings; and
WHEREAS, on Dccember 19, 2008 ballots and ballot materials were mailed to
property owners. Property owners were informed that the ballots needed to be received
by the City Clerk's office prior to 4:00 p.m. On February 3, 2009, a public hearing was
held on February 3, 2009, and the ballots remained sealed. Therc was no public
testimony, so the hearing was closed and ballots were tabulated; and
WHEREAS, pursuant to Resolution 2009-026, adopted on February 3, 2009, the
City Council certified thc 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 XIIlD of the Constitution of the State of California
("Article XIIID"); and
WHEREAS, City staff advertised and obtained sealed bids as part of a lormal
bidding process for the construction of the improvements and awarded a contract in the
amount of $516,812.25 to the low bidder, Hillcrest Contracting Inc., pursuant to
Resolution No. 2009-034 on February 17,2009; and
WHEREAS, the construction of the improvements is complete; and
7-24
RESOLUTlONNO. 2010-
WHEREAS, of the total construction costs, only eighty two thousand three
hunured ninety one dollars anu eighty six cents ($82,391.86), the costs of the concrete
driveways anu private improvement relocation, are to be assessed to the property owners;
and
WHEREAS, the amount to be assessed the property owners has been apportioneu
in an amount equal to the benetits received by the properties; and
WHEREAS, the assessment amounts for each property are identified in Exhibit
A, attached hereto; anu
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
(l0) 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 final assessments for properties within
Assessment District 2008-01, 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.
Richard A. Hopkins
Director of Public Works
Presented by
7-25
RESOLUTION NO. 2010-
Exhibit A
Address Assessor's Parcel Final Assessment
Number
1237 FIRST AV I 619-261-47 $3,338.70
1154 FIRST AV I 619-192-22 $2,526.50
1117 FIRST AV 619-151-04 $1,59960
1179 FIRST AV 619-201-03 $3,044.20
1138 FIRST AV 619-142-12 $1,887.90
1134 FIRST AV 619-142-11 $2,154.50
1255 FIRST AV 619-270-02 $4,524.60
1209 FIRST AV 619-261-10 $2,957.40
1219 FIRST AV 619-261-11 $2,269.20
1180 FIRST AV 619-192-16 $3,245 70
1160 FIRST AV 619-192-20 $2,897.20
1254-1256 FIRST AV 619-250-38 $3,782.20
103 GLENHAVEN WY 619-250-36 $1,773.20
1276-1278 FIRST AV 619-250-37 $6,133.40
1186 FIRST AV 619-192-27 $4,891.80
1155 FIRST AV 619-201-16 $7,064.00
1239 FIRST AV 619-261-25 $3,488.00
1235 FIRST AV 619-261-45 $4,35550
1129 FIRST AV 619-151-06 $4,652.60
1265 FIRST AV 619-270-14 $1,903.40
1176 FIRST AV 619-192-17 $2,083.20
1286 FIRST AV 619-250-10 $1,029.20
1197 FIRST AV 619-201-07 $2,920.20
1149 FIRST AV 619-151-10 $2,045.40
108-110 HENRY LANE 619-232-18 $3,425 50
1251 FIRST AV 619-270-01 $3,14400
1112 FIRST AV 619-142-07 $2,35600
1172 FIRST AV 619-192-18 $1,964.10
1103 FIRST AV 619-151-01 $3,090.70
1247 FIRST AV 619-261-17 $4,727.50
7-26
....,_ .'~',.d'_'"".
RESOLUTION NO. 2010-
Address Assessor's Parcel Final Assessment
Number
1280 FIRST AV 619-250-19 $4,104.40
1169 FIRST AV 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 I 619-232-39 $5,916.00
1195 FIRST AV 619-201-06 $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 619-142-28 $4,535.20
1143 FIRST AV 619-151-09 $4,305.90
1156 FIRST AV 619-192-21 $3,30000
1107 FIRST AV 619-151-02 $2,945.00
1157 FIRST AV 619-201-15 $7,178.70
1142 FIRST AV 619-142-13 $1,680.20
1204 FIRST AV 619-232-14 $1,757.70
1227 FIRST AV 619-261-32 $4,024.00
1153 FIRST AV 619-201-17 $8,124.60
97 OXFORD ST 619-261-01 $2,163.80
1185 FIRST AV 619-201-04 $3,656.20
1189 FIRST AV 619-201-05 $5,497 60
1188 FIRST AV 619-192-14 $1,255.50
1168 FIRST AV 619-192-19 $1,20590
1206 FIRST AV 619-232-16 $1,990.20
1123 FIRST AV 619-151-05 $8,0840
7-27