HomeMy WebLinkAboutReso 2009-146RESOLUTION NO. 2009-146
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DEFERRAL OF
ASSESSMENTS AND ESTABLISHING THE RATE OF
INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE
FINANCING PERIOD OF A MAXIMUM OF TEN YEARS
APPLIED TO THE DEFERRALS FOR FIRST AVENUE
ASSESSMENT DISTRICT 2007-01
WHEREAS, pursuant to Resolutions 2007-184, 2007-185, and 2007-186 adopted on July
17, 2007, the City Council accepted a petition requesting the formation of an Assessment District
for First Avenue (Naples Street to Palomaz Street) for the purpose of financing the construction
of sidewalk improvements, adopted a map showing the proposed boundaries for Assessment
District No. 2007-01 (First Avenue), ordered the installation of improvements on First Avenue,
approved the Preliminary Engineer's Report, set the time and place for a public hearing, and
ordered the initiation of Assessment Ballot proceedings; and
WHEREAS, on July 18, 2007 ballots and ballot materials were mailed to property
owners. 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. After the public
heazing was closed, the ballots were tabulated, 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, pursuant to Resolution 2007-272, adopted on December 4, 2007, the 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; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding
process for the construction of the improvements and awazded a contract in the amount of
$1,158,627.22 to the low bidder, Jimenez, Inc. dba MJC Construction, pursuant to Resolution
No. 2008-130 on May 20, 2008; and
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 7 percent per year; and
Resolution No. 2009-146
Page 2
WHEREAS, City staff proposes to charge 5 percent 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 accepts the deferral of the assessments and establishes the rate of interest of five percent
(5%) per yeaz and financing period of a maximum of ten years applied to the deferrals for First
Avenue Assessment District 2007-01.
Presented by
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Richard A. op ' s
Director of Pu is Works
Approved as to form by
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B~a~t C. feld
ity Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS:
ABSENT:
ATTEST:
Cheryl Cox ay r
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Donna R. oms, CMC, City erk
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. 2009-146 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23rd day of June 2009.
Executed this 23rd day of June 2009.
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Donna R. orris, CMC, City Jerk /l~"Y~
Councilmembers: None
Councilmembers: None