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HomeMy WebLinkAboutReso 1998-19083 RESOLUTION NO. 19083 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 1998-99 FOR EASTLAKE MAINTENANCE DISTRICT NO. 1 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act ).tself ~designated as Eastlake Maintenance District No. 1; and WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts ("Engineer's Report"); and WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1 ) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street right-of-way; and WHEREAS, on May 26, 1998, the City Council approved the Engineer's Report and set June 23, 1998 and July 14, 1998 as the dates for the public hearings; and WHEREAS, the proposed individual assessment for Eastlake Maintenance District 1 for Fiscal Year 1998-99 is shown below: PRIOR FY'S VS. FY 98/99 ASSESSMENT/COLLECTIBLE OSD FY 98/99 Proposed Proposed FY96/97 FY 97/98 FY 97/98 CAP: FY 98/99 FY 98/99 FY 98/99 Assrot/ Collection/ Assmt/ FY 97/98 Assrot/ Collection/ Revenue EDU EDU EDU Assrot + EDU EDU14' Cpp3' ELMD # I ill $207,046 EastlakeI $9.53 $8.10 $9.93 $10.04 $10.04 $8.48 Eastlake Greens 15.59 10.65 16.25 16.43 16.43 l 1.53 OTC 129.10 0.00 134.52 136.00 136.00 7.83 SaltCreekI 172.19 167.74 179.42 179.42 181.39 181.32 TC Channel121 24.55 15.95 25.58 25.58 25.86 13.58 Ill All areas share in the cost of Otay Lakes Road medians and otissite parkways. t:l Portions of Eastlake I BC and Eastlake Greens are in benefit area. 131 FY 98/99 assessment may be set at or below this cap without being suhiect to majority protest. /4/Collectible ad, iusted fi~r avaiIable figures. Resolution 19083 Page 2 NOW, THEREFORE, BE IT RESOLVED as to Eastlake Maintenance District No. 1, that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one- half of the area of the land to be assessed for the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessment as proposed in the modified Engineer's Report for the 1998-99 fiscal year and set forth hereinabove for Eastlake Maintenance District No. 1. Presented by Approved as to form by Resolution 19083 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of July, 1998, by the following vote: AYES: Councilmembers: Moot, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Padilia S hirl~eyHo/v~r~ ATTEST: uth ~e~;~t, e~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19083 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of July, 1998. Executed this 14th day of July, 1998. Beverly A~uthelet, City Clerk '