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HomeMy WebLinkAboutReso 2003-178RESOLUTION NO. 2003-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ASSESSMENT DISTRICT 2002-1 (QUINTARD STREET) AND MAKING FINDINGS PURSUANT TO CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 AND ARTICLE XmD OF TIlE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, the City Council (the "City Council") of the City of Chula Vista (the "City"), California, has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements and driveway aprons on Ouintard Street between Third and Fourth Avenues (the "Improvements"), together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of the driveway aprons included among the Improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation ACt") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of installation of such driveway aprons, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Stree0 (the "Assessment District''); and WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment Engineer's Report"), required by the Assessment Law was previously presented, considered and preliminarily approved; and WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved, was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law, including the following: A. Plans and specifications of the driveway aprons; B. An estimate of the cost of the construction of the driveway aprons, including the cost of the incidental expenses, in connection therewith, including that portion of such costs and expenses representing the special benefit to be conferred by such driveway aprons on the parcels within the Assessment District; C. A diagram showing the Assessment District, which also shows the boundaries and dimensions of the respective subdivisions of land within such Assessment District, with each of which subdivisions given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the driveway aprons upon the several divisions of land in the Assessment District in I Resolution 2003-178 Page 2 proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such driveway aprons. Such assessment refers to such subdivisions upon such diagram by the respective numbers thereof; and E. A description of the Improvements including the driveway aprons. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this t'ane all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted pursuant to the Assessment Law in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to such proposed assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law to the levy of the proposed assessments does not exist. SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is hereby determined that: A. All properties within the boundaries of the Assessment District to be assessed receive a special benefit from the driveway aprons; B. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirely of the cost of construction of the driveway aprons; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the driveway aprons; D. Only special benefits have been assessed; and E. There are no parcels which are owned or used by any agency as such term is defined in Article XIIID, the State of California or the United States that specially benefit from the driveway aprons. SECTION 4. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the construction of the driveway aprons, the Superintendent of Streets is ordered to prepare and file with this City Council a Final Assessment Engineer's Report that shall contain all of the Resolution 2003-178 Page 3 information contained in the Preliminary Engineer's Report modified to reflect the actual cost of construction of the driveway aprons. SECTION 5. NOTICE OF COST OF CONSTRUCTION. Upon the completion of the construction of the driveway aprons and the preparation of the Final Assessment Engineer's Report, the Superintendent of Streets shall cause notice of the cost of the construction of the Driveway aprons to be given in the manner specified in Chapter 27. Such notice shall specify the time and place when this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such constmction and other interested persons. SECTION 6. PUBLIC HEARING. At the time and place of the public heating, this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. Upon the conclusion of such public hearing, this City Council may make such revision, corrections or modifications in the Final Engineers Report as it may deem just; provided, however, this City Council may not increase the assessment proposed to be levied on any parcel above the amount proposed in the Preliminary Assessment Engineer's Report (the "Preliminary Assessment") without first providing the opportunity for the owner or owners of any parcel for which the assessment is proposed to be increased to express such owner or owners support for or opposition to such increase in assessment through an assessment ballot proceeding undertaken pursuant to the Assessment Law. No Preliminary Assessments may be increased if, following such assessment ballot proceeding, this City Council determines that a majority protest to such increase is found to exist. Presented by Approved as to form by Engineering Director Ann Moore City Attorney I Resolution 2003-178 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: A'ITEST: Councilmembers: None Susan Bigelow, City Clerl0 STATE OF CAI JFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-178 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 2003. Executed this 6th day of May, 2003. Susan Bigelow, City Clerk