HomeMy WebLinkAboutReso 2013-033RESOLUTION N0.2013-033
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 DEL MAR AVENUE ASSESSMENT
DISTRICT 2011-01
WHEREAS, pursuant to Resolution No. 2011-199 adopted on October 11, 2011, the City
Council accepted a petition requesting the formation of an Assessment District for Del Maz
Avenue between Naples Street and Oxford Street for the purpose of financing the construction of
sidewalk improvements; and
WHEREAS, on February 28, 2012, Council adopted Resolution No. 2012-021 and
approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries
for Assessment District No. 2011-01 (Del Mar Avenue) for the proposed Assessment District
No. 2011-01, and set the time and place for a public hearing, and ordered the initiation of
Assessment Ballot proceedings; and
WHEREAS, on February 29, 2012, 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 April 17, 2012; and
WHEREAS, on April 17, 2012, 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 eighty-four percent (84%) of the votes cast by property owners were
in favor of the proposed Assessment District formation, 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. 2012-061, adopted on April 17, 2012; 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
$620,610 to the low bidder, HTA Engineering and Construction Inc., pursuant to Resolution No.
2012-113 on June 19, 2012; and
Resolution No. 2013-033
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 are to be assessed to the property owners; and
WHEREAS, not all the assessments have been fully paid and the City can collect the
unpaid balance over a maximum period of ten years, together with interest on the unpaid
principal at a rate not to exceed seven percent (7%) per year; and
WHEREAS, City staff proposes to charge five percent (5%) interest for a period of ten
yeazs on the unpaid balances of the assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it (1) accept the deferral of the assessments; (2) establish the rate of interest at five percent
(5%) per year, with a maximum financing period of ten yeazs; and (3) apply such interest rate
and deferral period to all deferrals for Del Maz Avenue Assessment District No. 2011-01.
Presented by
Approved as to form
'chard tj . opk Gl n R. G gins
Director ofPu c Works Cit ey
Resolution No. 2013-033
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of March 2013 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~ ~
i -
Cheryl Cox, yor
ATTEST:
D
Donna R. Norris, C ,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. 2013-033 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 5th day of March 2013.
Executed this 5th day of March 2013.
Donna R. Norris, CMC, City Clerk