HomeMy WebLinkAboutReso 2012-139RESOLUTION NO. 2012-139
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 NAPLES STREET ASSESSMENT
DISTRICT 2010-01
WHEREAS, pursuant to Resolution No. 2010-289 adopted on December 14, 2010, the
City Council accepted a petition requesting the formation of an Assessment District for Naples
Street between Third Avenue and Alpine Avenue for the purpose of financing the construction of
sidewalk improvements; and
WHEREAS, on May 3, 2011, Council through the adoption of Resolution No. 2011-074,
approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries
for Assessment District No. 2010-01 (Naples Street) for the proposed Assessment District No.
2010-01, set the time and place for a public hearing, and ordered the initiation of Assessment
Ballot proceedings; and
WHEREAS, on May 4, 2011, ballots and ballot materials were mailed to property
owners, and owners were informed that the ballots needed to be received by the City Clerk's
office prior to 4:00 p.m. on June 21, 2011; and
WHEREAS, on June 21, 2011, 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 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. 2011-122, adopted on June 21,
2011; 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
$502,690 to the low bidder, Portillo Concrete, Inc., pursuant to Resolution No. 2011-250 on
December 13, 2011; and
Resolution No. 2012-139
Page No. 2
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 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 chazge 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 Naples Street Assessment District 2010-01.
Presented by Approved as to form by
Richard A. opkin len R. Googins
Director of Public orks Attorne
Resolution No. 2012-139
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of July 2012 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilaz
i
Cheryl Cox,. layo
ATTEST:
/(X y YI.GL.UC _ 0
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. 2012-139 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of July 2012.
Executed this 10th day of July 2012.
O
Donna R. Norris, CMC, ity Clerk