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HomeMy WebLinkAboutReso 1999-19489 RESOLUTION NO. 19489 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENT TO FORM THE TOWN CENTRE AND BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICTS, APPROVING THE PRELIMINARY ENGINEER'S REPORT, SETTING JULY 27, 1999, AT 6:00 P.M. AS THE DATE AND TIME OF THE PUBLIC HEARING AND ORDERING THE INITIATION OF BALLOT PROCEDURES WHEREAS, the City Council has previously formed special maintenance districts pursuant to the terms of the "Landscaping and Li,gbting Act of 1972," being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), such districts known and designated as TOWN CENTRE LANDSCAPING AND LIGHTING DISTRICT ("Towne Centre District") and BAY BOULEVARD LANDSCAPING AND LIGHTING DISTRICT ("Bay Boulevard District") (Town Centre D~strict and Bay Boulevard District may be referred to collectively as the "Districts"); and WHEREAS, at this time the City Councd desires ~o take proceedings pursuant to the 1972 Act, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus hnplementation Act (Government Code Section 53750 and following) (the "h~plementation Act") (the 1972 Ad, A~ th:Te XIIID and the In~plementation Act are referred to collectively as the "Assessm~,a Law") Co provhje 1or the annual levy of assessments for the next enstnng fiscal year [,~ pt~vid~ h~r the3 riosis and expenses necessary to pay for the maintenance of the existinfi Hnpr{~wHnen[s and proposed additional improvements in such Districts; and WHEREAS, there has been presented to lhis City Council the Assessment Engineer's Report, as required by the Assessment Law, and [hj% Cny Council desires to continue with the proceedings for said annual levy; and WHEREAS, this City Council has now carefulSy examn~ed and reviewed the Assessment Engineer's Report as presented, and is s~tt~sfied vvitb each and all of the items and documents as set forth therein, and is satisfied ibat the ass~ssmen[s, on a preliminary basis, have been spread in accordance with the special benefits received from the impfd~ements to be maintained, as set forth in the Assessment Enqineer's Report and this City Council desires to preliminarily approve such report. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all tru~ and correct. SECTION 2. ~eclaratiQD_~/ntg~tj0~). Thee puhlh: H~teres~ and co~venience requires, and it is the n~tention of th~s legislativ~ body, to levy and collect assessments to pay the annual costs and expenses for the ma,m~nnnce and/or servicing of the existing improvements and proposed additional iml~rovements lot th~ D~'~tri~:ts. Ttn~ nnprovements proposed to be maintained in each respective District me ~]en~dly described as fi~llows: Resolution 19489 Page 2 Town C/,ltre Di.%itnl;t Improvements on Third Aw!nue helween "E" and "G" Streets: Various irnprovements located between tire curb and building fronts, including enhanced stamped concrete sidewalks and walkways, raised planters, container planters, shade structures with vines, supplemental tree planrings, landscaped covered bus stops, park benches, decorative street lamps, ornamental accent lighting in shade structures, decorative litter containers, ashtrays and an outdoor decorative clock. The level of maintenance to be financed ~s proposed to be provided in one of two alternative levels: "As Is" and "Enhanced." The As Is maintenance level includes, but is not limited to, the furnishing of services and materials necessary to mainta;n the planrings and other amenrues, including irrigation, trimming, spraying, fertilizing and treating the plantrags for disease and injury; the furnishing of water fr~r irr~gatann and ffi~mtrmdy fnr lighting, the irrigation system and the clock; steam cleaning the sidew,fil<s; and repairing the lighting and irrigation system. Thn Enhanced mainlenance level includes the As Is mainteoance level plus seasonal planlings. addilional labor for cleanup and litter control, additional painting of street lights and planters, additional signage, a contract for maintenance of ac~:ent liglmng, streetlamp lens replacement, replacement of concrete ]l~ter cor~laH~ers and repair of trellises. The improvements include (a) the shrubs and trees located in the parkway on the west side of Bay Boulevard be[ween from just south of the Nature Interpretive Center entrance at "E*' Street to Lagoon Drive/"F" Street and street lighting and (b) the park located at the northwest coroer of Bay Boulevard and Lagoon Drive/"F" Street including lawn areas, p~cn~c tables and trees, shrubs and ground planrings and area lighting. The maintenance work to he financed shall inclHde, hut not be limited to, the furnishing of services and materials needed to maintain the landscaping and lighting, including irrigation, trimming, spraying, fertilizing and treating the landscaping for disease and injury; the removal of solid waste; the furnishing of water for irrigation and electricity for the lighting and irrigation systems; and the repairing of the lighting and landscaping improvements. SECTION 3. Boundaries of the Districts The existing improvements and the proposed additional improvements are of special benefit to certain properties within the boundaries of each respective District. For particulars, reference is made to the boundary maps of each respective District, a copies of which is on file in the Office of the Clerk of the City Council and open for public inspection, and are d~s~gnated by the name of each respective District. SECTION 4. Report of Assessment Eoqmeer. The Assessment Engineer's Report, as presented, is hereby approved on a preliminary basis, and is ordered to be filed in the office of the City Clerk as a permaneot record and to remain open to public inspection. · Resolution 19489 Page 3 Reference is made to said Assessment Engineer's Report for a full and detailed description of the existing improve~r~ents and the additional improvements proposed to be maintained, the boundaries of each respective District, and the proposed assessments upon assessable lots and parcels of land within each respective District, SECTION 5. Assessments All costs and expenses of the maintenance and incidental expenses have been apportioned and distributecl to the benefitring parcels in accordance with the special benefits received from the existing and/or proposed additional improvements. SECTION 6. Public Hearinq Notice is hereby given that public hearings for each District are hereby scheduled in the regular meeting place of this legislative body located at 276 Fourth Avenue, Chula Vista, California 91910 on the following date and time: July 27, 1999 at 6:00 p.m. At such times the legislative body wd[ consida. ~,f~d finally determine whether to levy the proposed annual assessment within each of the Districts, All interested persons shall he nfforded the ~pp~fun~ty to hear and be heard. The City Council shall consider all o~al statemnn[s and aJl whiten communh:ations made or filed by any interested persons. The City CeunciL shall also determine whether assessment ballots located within each respective District proposed to b~ 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 each respective District and subject to a proposed assessment. Each such owner may complete such assessment hallot and thereby indicate [h~,r support for or opposition to the proposed assessment, All such assessment ballots may he delivered by mail or personal delivery to the City Clerk at the following addrtess at er before 5:00 pm on July 27, 1999: City City of ChLll;~ 276 Fnurtl~ Avenue Chuln Vmta, Ca 919~0 After 5:00 pm on July 27, 1999, ~sst.ssn..rd i>:,llots n~uV t}~ d~Hv~.~d p.or to the close of the public hearing for the Dmlrict f~r which Ih,~ aq%(~sslH~llt h;tllo[ is being submitted to the City Clerk at the location of the pHtfi~c In'ariHg All assessments balh~ts for e.~t:h D~s[ncl muqt h{~ ruceiw~d hy the City Clerk prior to the close of the public hearing lot such D~st~ct on July 27, t999. A postmark on an envelop returning an assessment ballot by mail which is postmarked prior to such date and time will not be sufficient. Resolution 19489 Page 4 At the conclusion ot the puhhr: hearinU oil Ju~y 27, 1999, for each respective District, the City Council shall cause tile as,~essme, nt ballots for stll;h District which are timely received to be tabulated. If a majonty protest exists wifi~in a District, the City Council shall not impose an assessment witIfin that District. A majeriW protest exists if, upon the conclusion of such public hearing, assessment ballots sHhmitted in opposition to the assessments within a District exceed the assessn~ent hallois 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 Puhl~; ~<~a[LUg Th~ City Clerl< ~s hereby directed to mail notice pursuant to the Assessment Law of the pHblic hear~r~gs and assessment ballot proceedings and the adoption of the Resolution of intentiron and ~( the filing of the Assessment Engioeer's Report, together with the assesRn~nn~ halh}~ mate~rhfi%, tn thn record owners of all real property located within each respective Dis~ri~:t i~r~>posed tn he assessed. SECTION 8. Proceedn~cE [L3~IHjZLes F~r any and all information relating to these proceedings, inch~din~ information relatH~fi to profess1 procedure, your attention is directed to the person designated below: Elizal>eth Chopp EngmeerinU Department City of Chula Vista 276 Fourth Avenue Chula V~sta, Ca 91910 ~G19)69~ 5258 Presented by Approved as to form by · 1 Resolution 19489 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of June, 1999, by the following vote: AYES: Councih'nembers: Davis, Moot, Salas and Horton NAYS: Councilmernbers: None ABSENT: Councihr~enqbers: Padilia ABSTAIN: Councilmembers: None Susao Bigelow Cit~'Cl"e,~l~ STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, CMih>rnia, do he~ehy certify that the foregoing Resolution No. 19489 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council I~tfid on the 8" cjny of June, 1999. Executed this 8'' day of June, 1999 Susnn Bigehaw, Ci!y Clf~rl,,