HomeMy WebLinkAboutReso 2000-347 RESOLUTION NO. 2000-347
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS IN EASTLAKE MAINTENANCE DISTRICT
NO. 1, ZONE B, SETTING THE TIME AND PLACE FOR
PUBLIC HEARINGS THEREON AND INITIATING
ASSESSMENT BALLOT PROCEDURES
WHEREAS, in 1986 the City Council (the "City") formed a maintenance district
pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2
of the Streets and Highways Code of the State of California (the "1972 Act"), such district
known and designated as the EASTLAKE MAINTENANCE DISTRICT (ELMD) (the
"District"); and
WHEREAS, the City Council subsequently established Zones A and B within the District
("Zone A" and "Zone B" respectively); and
WHEREAS, in 1990 the City Council declared that no assessments will be levied in Zone
B until such time as a supplemental SPA plan and subsequent Tentative and Final Maps were
approved and improvements are constructed; and
WHEREAS, on June 20, 2000, the City Council approved a final map for a portion of
Zone B known and designated as EastLake Greens Unit R-16 ("Unit 26"); and
WHEREAS, at this time the City Council desires to initiate proceedings pursuant to the
1972 Act, Article XIIID of the Constitution of the State of Califomia ("Article XIIID") and the
Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following)
(the "Implementation Act") (the 1972 Act, Article XIIID and the Implementation Act are
referred to collectively as the "Assessment Law") to provide for the annual levy of assessments
within Unit 26 for the next ensuing fiscal year to provide for the costs and expenses necessary to
pay for the maintenance of the existing improvements and proposed additional improvements in
Zone B of the District which confer a special benefit on the properties within Unit 26; and
WHEREAS, there has been presented to this City Council the Assessment Engineer's
Report, as required by the Assessment Law, and this City Council desires to continue with the
proceedings for said annual levy; and
WHEREAS, this City Council has now examined and reviewed the Assessment
Engineer's Report as presented, and is satisfied with each and all of the items and documents as
set forth therein, and is satisfied that the assessments, on a preliminary basis, have been spread in
accordance with the special benefits received from the improvements to be maintained, as set
forth in the Assessment Engineer's Report and this City Council desires to preliminarily approve
such report; and
WHEREAS, the Assessment Law requires that notice of the public heating to be held by
the City Council to consider the levy of the assessments must be mailed to the record owners of
all properties proposed to be assessed not less than 45 days prior to the date of such public
hearing; and
Resolution 2000-347 ,--~,
Page 2 ~'
Vvl-IEREAS, the record owners of the property within Unit 26 have waived their rights
under the Assessment District Law that the notice of the public hearing be mailed to such owners
ate least 45 days prior to the public heating and have granted such owners' consent to the
shortening of time within which the public heating and assessment ballot procedure pertaining to
the levy of assessments with Unit 26 may be held.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Declaration of Intention The public interest and convenience requires, and it is the
intention of this legislative body, to levy assessments on and collect assessments from properties
with Unit 26 to pay the annual costs and expenses for the maintenance and/or servicing of the
improvements which confer a special benefit on the properties within Unit 26. The
improvements proposed to be maintained are generally described in Exhibit A attached hereto
and incorporated herein by this reference.
SECTION 3. Properties Receivin~ Special Benefit from the Improvements. The improvements
are of special benefit to the properties within Unit 26 of Zone B. For particulars, reference is
made to the diagram of Unit 26 the District, a copy of which is incorporated into the Assessment
Engineer's Report on file in the Office of the Clerk of the City Cotmcil and open for public
inspection.
SECTION 4. Assessment En~ineer's Report. The Assessment Engineer's Report, as presented,
has been approved on a preliminary basis, and is ordered to be filed in the Office of the City
Clerk as a permanent record and to remain open to public inspection.
Reference is made to said Assessment Engineer's Report for a full and detailed
description of the improvements proposed to be maintained, the boundaries of Unit 26, and the
proposed assessments upon assessable lots and parcels of land within Unit 26.
SECTION 5. Assessments All costs and expenses of the maintenance and incidental expenses
have been apportioned and distributed to the parcels within Unit 26 in accordance with the
special benefits conferred upon such parcels from the improvements.
SECTION 6. Public Hearin~ Notice is hereby given that public hearing is hereby scheduled in
the regular meeting place of this legislative body located at 376 Fourth Avenue, Chula Vista,
California 91910 on the following date and time: October 17, 2000 at 6:00 p.m.
At such time the legislative body will consider and finally determine whether to levy the
proposed annual assessment within Unit 26 of the Maintenance District.
All interested persons shall be afforded the opportunity to hear and be heard. The City
Council shall consider all oral statements and all written communications made or filed by any
interested persons. The City Council shall also determine whether assessment ballots submitted
pursuant to the Assessment Law in opposition to the proposed assessments within each
respective District exceed assessment ballots submitted in favor of such proposed assessments. ~
Resolution 2000-347
Page 3
Pursuant to the provisions of the Assessment Law, each record owner of property located
within Unit 26 of the Maintenance District 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 Unit
26 of the Maintenance 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 may be delivered by mail or personal delivery
to the City Clerk at the following address at or before 5:00 pm on October 17, 2000:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
After 5:00 pm on October 17, 2000, assessment ballots may be delivered prior to the close of the
public hearing to the City Clerk at the location of the public heating given above.
All assessments ballots must be received by the City Clerk prior to the close of the public
hearing on October 17, 2000. A postmark on an envelope returning an assessment ballot by mail
which is postmarked prior to such date and time, will not be sufficient.
At the conclusion of the public hearing on October 17, 2000, the City Cotmcil shall cause
the assessment ballots which are timely received to be tabulated. If a majority protest exists
within Unit 26 of the Maintenance District, the City Council shall not impose an assessment
within Unit 26. A majority protest exists if, upon the conclusion of such public hearing,
assessment ballots submitted in opposition to the assessments within Unit 26 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 7. Notice of Public Hearing The City Clerk is hereby directed to mail notice
pursuant to the Assessment Law of the public hearings and assessment ballot proceedings and
the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's
Report, together with the assessment ballot materials, to the record owners of all real property
located within Unit 26 of the District proposed to be assessed.
SECTION 8. Proceedings Inquiries For any and all information relating to these proceedings,
including information relating to protest procedure, your attention is directed to the person
designated below:
Elizabeth Chopp
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
(619) 691-5258
Resolution 2000-347
Page 4 t~'%!
Presented by Approved as to form by
· i J ~"
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of October, 2000, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Ho~Z Mayor {~"~,
ATTEST:
Susan Bigelow, City Cler~
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. 2000-347 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of October, 2000.
Executed this 10th day of October, 2000.
Susan Bigelow, City Clerr
R2000-347
EXHIBIT A
DESCRIPTION OF IMPROVEMENTS
The Improvenaents which confer a special benefit upon the property located in Unit 26 o Cthe
Maintenance District are generally described as:
· Landscaping and irrigation system improvements in the following public street median areas:
· Otay Lakes Road - EastLake Parkway east to 500 feet east of Salt Creek;
· EastLake Parkway Eastlake Parkway to Hunte Parkway
· EastLake Drive Otay Lakes Road to Clubhouse Drive
· Hunte Parkway Otay Lakes Road to Clubhouse Drive
· EastLake Parkway within the "Greens" SPA Boundary
· Clubhouse Drive - within the "Greens" SPA Boundary
· Greengate Drive - within the "Greens" SPA Boundary
· Greenview Drive - within the "Greens" SPA Boundary
· Masters Ridge Road - within the "Greens" SPA Boundary
· Silverado - within the "Greens" SPA Boundary
· Golfcrest Drive - within the "Greens" SPA Boundary
· Landscaping and irrigation system improvements in designated maintenance easements
adjacent to the following streets:
· EastLake Parkway - SR 125 to Otay Lake Road to Clubhouse Drive
· Otay Lakes Road EastLake Parkway east to 3,200 feet east of Lane Avenue
(including pump station landscaping)
· EastLake Drive Otay Lakes Road to Clubhouse Drive
· Hunte Parkway Otay Lakes Road to Clubhouse Drive
· EastLake Parkway - within the "Greens" SPA Boundary
· Greengate Drive - within the "Greens" SPA Boundary
· Greenview Drive - within the "Greens" SPA Boundary
· Clubhouse Drive - within the "Greens" SPA Boundary
· Masters Ridge Road - within the "Greens" SPA Boundary
· Golfcrest Road - within the "Greens" SPA Boundary
· Silvarado - within the "Greens" SPA Boundary
· Golf Course - within the "Greens" SPA Boundary