HomeMy WebLinkAboutReso 2011-208RESOLUTION NO. 2011-208
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DEFERRAL OF
ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST
AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM
FINANCING PERIOD OF TEN YEARS; AND APPLYING
SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL
DEFERRALS FOR SECOND AVENUE ASSESSMENT
DISTRICT 2009-02
WHEREAS, pursuant to Resolution No. 2009-270, adopted on November 17, 2009, the
City Council accepted a petition requesting the formation of an Assessment District for Second
Avenue (Naples Street to Palomar Street) for the purpose of financing the construction of
sidewalk improvements; and
WHEREAS, on May 25, 2010, Council adopted Resolution No. 2010-123 and approved
the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for
Assessment District No. 2009-02 (Second Avenue) for the proposed Assessment District No.
2009-02, set the time and place for a public hearing, and ordered the initiation of Assessment
Ballot proceedings; and
WHEREAS, on May 26, 2010, ballots and ballot materials were mailed to property
owners, and property owners were informed that the ballots needed to be received by the City
Clerk's office prior to 4:00 p.m. on July 13, 2010; and
WHEREAS, on July 13, 2010, a public hearing was held, and the ballots remained
sealed; and
WHEREAS, there was no public testimony, so the hearing was closed and ballots were
tabulated; and
WHEREAS, since more than fifty percent (50%) of the property owners voted in favor of
the proposed assessment, 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 pursuant to Resolution No. 2010-185, adopted on
July 13, 20] 0; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding
process for the construction of the improvements, and awazded a contract in the amount of
$932,437.00 to the low bidder, Southland Paving, Inc., pursuant to Resolution No. 2010-252 on
October 26, 2010; and
WHEREAS, the construction of the improvements is complete; and
Resolution No. 2011-208
Page 2
WHEREAS, of the total construction costs, only the costs of the concrete driveways and
private improvement relocation aze to be assessed to the property owners; and
WHEREAS, not all the assessments have been fully paid, and the City can collect the
unpaid balance over a maximum period of ten yeazs, 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; establishes the rate of interest at five percent (5%)
per yeaz, with a maximum financing period of ten years; and applies such interest rate and
deferral period to all deferrals for Second Avenue Assessment District 2009-02.
Presented by
Richaz A. ans
Director of Engineering
Approved as to form by
G n R.'Googins
Ci Attorne
Resolution No. 20l 1-208
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of October 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Castaneda and Ramirez
1 V' l~ , 4l
Cheryl Cox, M or
ATTEST:
bl.';~t7lt.Gt~ ~ ~ ~o ~SR.~/L
Donna R. Norris, CMC, 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. 2011-208 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of October 2011.
Executed this 25th day of October 2011.
~~ ~~~~
Donna R. Norris, CMC, City Clerk