HomeMy WebLinkAboutReso 2013-083RESOLUTION NO. 2013-083
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 TWIN OAKS AVENUE ASSESSMENT
DISTRICT 2011-02
WHEREAS, pursuant to Resolution No. 2011-200 adopted on October 11, 2011, the City
Council accepted a petition requesting the formation of an Assessment District for Twin Oaks
Avenue between Emerson Street and Oxford Street for the purpose of financing the construction
of sidewalk improvements; and
WHEREAS, on May 22, 2012, Council adopted Resolution No. 2012-085 and approved
the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for
Assessment District No. 2011-02 (Twin Oaks Avenue) for the proposed Assessment District No.
2011-02, set the time and place for a public hearing, and ordered the initiation of Assessment
Ballot proceedings; and
WHEREAS, on May 23, 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 July 17, 2012; and
WHEREAS, on July 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-nine percent (89%) 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. 2012-151, adopted on July 17, 2012; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding
process for the construction of the Twin Oaks Avenue Sidewalk Improvements between
Emerson Street and Oxford Street (STL386) and Alpine Avenue Sidewalk Improvements
between Emerson Street and Oxford Street (STL379) improvements and awarded a contract in
the amount of $515,271 to the low bidder, Tri-Group Construction and Development, Inc., of
San Diego, pursuant to Resolution No. 2012-196 on October 23, 2012; and
Resolution No. 2013-083
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 (5%) interest 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 accept the deferral of the assessments; establish the rate of interest at five percent (5%) per
year, with a maximum financing period of ten yeazs; and apply such interest rate and deferral
period to all deferrals for Twin Oaks Avenue Assessment District 2011-02.
Presented by
c/'
Richazd A . H d
Director of Public Works
Approved as to form by
Env ~
Gle R. Goo ins
Cit tto
Resolution No. 20] 3-083
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of May 2013 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
V 1~
~-~'
Cheryl Cox, Mayor
ATTEST:
~- 7` ._JIbiS.I--Z
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-083 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of May 2013.
Executed this 7th day of May 2013
Norti.G.~
Donna R. Norris, CMC, City Clerk