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HomeMy WebLinkAboutReso 2005-029 RESOLUTION NO. 2005-029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENTION TO FORM ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE), APPROVING THE PRELIMINARY ENGINEER'S REPORT, ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTSON DIXON DRIVE (NAPLES STREET TO OXFORD STREET), SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEDURES WHEREAS, the City Council of the City of Chula Vista (the "City"), California, has been presented and has received a petition from certain property owners requesting the installation of certain sidewalk improvements, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the Streets and Highways Code of the State of California and City Council Ordinance No. 2952); and WHEREAS, the City Council, acting in response to such petition, desires to initiate proceedings to order the installation of the requested sidewalk improvements; and WHEREAS, the City Council, acting in response to such petition, also desires to initiate proceedings to fonn an assessment district to pay for the project pursuant to the provisions of the Streets and Highway Code, 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") (the Municipal Improvement Act of 1913, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law"); and WHEREAS, the assessment district shall be known and designated as Assessment District No. 2004-1 (Dixon Drive) (the "Assessment District"); and WHEREAS, there has been prepared and filed with this legislative body a report (the "Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I. RECITALS. The above recitals are all true and correct. SECTION 2. DESCRIPTION OF IMPROVEMENTS. The public interest and convenience requires, and this City Council hereby orders the installation of the following public improvements: Curb, gutter, sidewalk and street improvements along both sides of Dixon Drive from Naples Street to Oxford Street. More specifically, property owners shall (only) be required to pay for driveway aprons and the relocation of private improvements in the City's right-of-way. Resolution 2005-029 Page 2 SECTION 3. PLANS AND SPECIFICATIONS. All of the above mentioned improvements shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such improvements designated by the name and number of the Assessment District which are on file in the office of the Director of Public Works. For all particulars as to the alignment of the improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 4. AREA OF SPECIAL BENEFIT. The improvements, in the opinion of this City Council, will be of special benefit to the abutting and fronting properties and, subject to support by the owners of the properties proposed to be assessed of the levy of such assessments pursuant to the assessment ballot procedures described below, this City Council hereby makes the expenses of such improvements assessable upon the properties within the proposed boundaries of the Assessment District. For a general description of the Assessment District and area of special benefit, reference is made to the map of the boundaries of the Assessment District identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 2004-1 (DIXON DRIVE)". A copy of such map is on file in the office of the Director of Public Works and open to public inspection during nonnal office hours of such department. SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. This City Council finds that the owners of the properties within the proposed boundaries of the Assessment District have, pursuant to Streets and Highways Code Section 5879, waived the sixty day period within which such owners may construct such improvements. Therefore, the City Council hereby orders the Superintendent of Streets to cause the construction of the improvements. Such order shall be subject to the condition precedent that the owners of the properties proposed to be assessed for the costs of such construction support, through the assessment ballot proceedings, the levy of such assessments. SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall be done and carried through and financed pursuant to the applicable provisions of the Municipal Improvement Act of 1913 and City Council Ordinance No. 2952. SECTION 7. APPROVAL OF THE REPORT. The Report referred to herein above is adopted, passed upon, and preliminarily approved, and contains the following: and A. The plans and specifications for the improvements proposed to be constructed; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report including that portion of such costs and expenses representing the special benefit to be conferred by such improvements on those parcels within the Assessment District; and C. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this resolution, each of which subdivisions have been given a separate number upon such diagram, as contained in the Report; D. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report; and Resolution 2005-029 Page 3 E. A description of the improvements to be constructed. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law. SECTION 8. NOTICE OF PUBLIC HEARING. Notice is hereby given that a public hearing to consider protests to the proposed assessments is hereby scheduled to be held at the City Council meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, California on March 15, 2005 at 6:00 p.m. As such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property owner or any other interested person. In addition, pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Clerk at the following address at or before the time set for the close of the public hearing: City Clerk, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. At the conclusion of the public hearing, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be mailed notice of the public hearing and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. Presented by Approved as to fonn by ~~ Ann Moore City Attorney Resolution 2005-029 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of January, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: =---- ~11b....o...~~ð~ Susan Bigelow, MMC, City Cler STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2005-029 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 January, 2005. Executed this 25th day of January, 2005. -~ ~ð.J.í ~\:J~ Susan Bigelow, MMC, City Clerk