Loading...
HomeMy WebLinkAboutReso 2007-272 RESOLUTION NO. 2007-272 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS WHEREAS, the City Council of the City of Chula Vista (City), 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, this City Council, acting in response to such petition, initiated proceedings to form an assessment district to pay for the project pursuant to the provisions of the Streets and Highways Code, Article xmD of the Constitution of the State of California (Article XmD) and the "Provision 218 Omnibus Implementation Act" (Government Code Section 53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913, Article xmD and the Implementation Act may be referred to collectively herein as the "Assessment Law"); and WHEREAS, the assessment district has been designated as Assessment District No. 2007-1 (First Avenue) (Assessment District); and WHEREAS, a report of the Assessment Engineer's Report (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 ofthe improvements; B. An estimate of the cost of the construction of the improvements, 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 improvements on the parcels with 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 improvements upon the several divisions ofland in the Assessment District in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such improvements. Such assessment refers to such subdivisions upon such diagram by the respective numbers thereof; and Resolution No. 2007-272 Page 2 E. A description of the improvements. 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 WHEREAS, ballots and ballot materials were mailed to property owners on July 18, 2007, property owners were informed that the ballots needed to be received by the City Clerk's office prior to 5:00 p.m. on September 11, 2007, a public hearing was held on September 11, 2007, and the ballots remained sealed until the public hearing was closed; and WHEREAS, after the public hearing was closed, the ballots were tabulated and weighted based on the area of property frontage of the property owners, with the following results: of the 61 property owners, 37 votes were received (31 "in favor" and 6 "not in favor"), and actual tabulation results indicated that 84% of the weighted vote was in favor of, and 16% of the weighted vote was against, the establishment of the Assessment District; and WHEREAS, after further review by the City Attorney's office, it has been determined that the proposed Assessment District should move forward based on the provisions of Proposition 218 (The Right to Vote on Taxes), section 4 of which states the following: "The agency shall conduct a public hearing upon the proposed assessment not less than 45 days after mailing the notice of the proposed assessment to record owners of each identified parcel. At the public hearing, the agency shall consider all protests against the proposed assessment and tabulate the ballots. The agency shall not impose an assessment if there is a majority protest. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. "; and WHEREAS, based on this provision regarding majority protest, City staff recommends the approval of the Assessment District formation and the commencement of construction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista certifies the results of the public hearing and Assessment District ballot tabulation for proposed Assessment District No. 2007-1 (First Avenue) pursuant to Chapter 27 of the Improvement Act of 1913 (the "Block Act") and orders the construction of improvements. Presented by Approved as to form by d General Services Director ~roA~~~ Moore City Attorney ____.------.J Resolution No. 2007-272 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of Decernber 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: I ' (~LJ~ Cheryl Cox ay r J~, ;r:;)~ t Susan Bigelow, Mtr"C, City Clerk STATE OF CALIFORNIA ) 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. 2007-272 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of December 2007. Executed this 4th day of December 2007. d~ ;j(~ Susan Bigelow, Mk, City Clerk r