HomeMy WebLinkAboutReso 1995-17957( RESOLUTION NO. 17957
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DEFERRING SWEETWATER AUTHORITY'S REQUEST FOR
WAIVER OF OSD 14 ASSESSMENT AND ORDERING CERTAIN
OPEN SPACE AND MAINTENANCE FACILITIES TO BE
MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S
REPORT, ESTABLISHING ZONE 9 WITHIN OPEN SPACE
DISTRICT 20 AND LEVYING THE ASSESSMENTS FOR FISCAL
YEAR 1995-96 FOR OPEN SPACE MAINTENANCE DISTRICTS 2-
9, 11, 14, 15, 17, 18, 20, 23, 24, 26 31; BAY BOULEVARD,
AND TOWN CENTRE MAINTENANCE DISTRICTS
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 itself designated as follows:
1. Open Space District Nos. 2-9, 11, 14, 15, 17, 18, 20, 23, 24, 26 and 31.
2. Bay Boulevard and Town Centre Maintenance Districts.
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, on May 23, 1995, the City Council approved the Engineer's Reports and
set June 13 and July 11, 1995 as the dates for the public hearings; and,
WHEREAS, Zone 9 (which is an area within an open space district that is established
to pay the share of maintenance costs of an item that does not have a benefit for the entire
district) needs to be established within Open Space District 20 (Rancho del Rey) to pay for
that development's share of maintenance of Telegraph Canyon Channel; and,
WHEREAS, Sweetwater Authority in letters dated October 17, 1994 and June 20,
1995, requested they be exempted from the yearly open space assessments for a lot they
own in Open Space District 14; and,
WHEREAS, the proposed individual assessments for Fiscal Year 1995-96 as they
compare to the last year are shown below:
Resolution No. 17957
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TABLE 2
PRIOR FY'S V.S. FY 95/96 ASSESSMENT/COLLECTIBLE AND % CHANGE
OSD Proposed Proposed Assessment Estimated
FY 93/94 FY 94/95 FY 95/96 FY95/96 % Increase FY 95/96 FY95/96
Assmnt/ Assrant/ Assrant/ Collection/E or Cost/ Revenue
EDU EDU EDU DU Decrease121 EDU
2 32.00 34.00 39.0014~ 30.00 15 % 39.00 7,470
3 250.00 267.00 267.00 204.00 0% 259.00 25,908
4 197.00 282.00 282.00 224.00 0% 271.00 47,040
5 224.00 243.00 275.0(Y4' 229.00 13% 275.00 27,938
6 128.00 136.00 136.00 0.00 0 % 84.00 0
7 87.00 95.00 95.00 39.00 0% 93.00 4,056
8 430.00 430.00 434.0@4' 300.00 1% 434.00 33,000
9 92.00 101.00 123.0q4~ 93.00 22% 123.00 35,712
11 81.00 83.00 84.00I~l 74.00 1% 84.00 97,756
14 254.00 270.00 270.00 150.00 0% 269.00 131,004
15 234.00 234.00 240.00"1 189.00 3% 240.00 10,773
17 124.00 124.00 124.00 0 0% 116.00 0
18 303.00 293.00 293.00 234.00 0% 277.00 90,687
20'11 203.00 203.00 302,2250 I,~
Zone 1 DB131 36.67 45.28 0 23% 45.28
Zone 2 RC .19 3.44 0 1,810% 3.44
Zone 3 H 3.73 4.90 3.55 31% 4.90
Zone 4 BC 18.25 18.25 .78 0% 18.25
Zone5 I 187.62 275.15 83.82 47% 275.15
Zone 6 II 0 211.41 211.41 NA 211.41
Zone 7 III 9.39 130.50 5.59 1,390% 130.50
Zone 8 NDB 0 30.09 0 NA 30.09
Zone 9 TCC 0 23.89 16.61 NA 23.89
23 0 335.00 335.00 205.00 0% 212.00 11,536
24 210.00 432.00 502.00~41 341.00 16% 502.00 13,640
26 359.00 394.00 394.00 356.00 0% 356.00 6,783
31 NA 407.00 407.00 0 0% 392.00 0
Bay Blvd. 1,000.00 889.00 1291.00141 31.00 45% 1,291.00 310
Town Centre 43.00 45.00 45.00 39.00 0% 39.00 39,000
Ill Represented average residential assessment in SPA I.
I:l Compares FY 94/95 assessment to proposed FY 95/96 assessment.
131 Includes supplemental item of work - drainage stnlcture south of East H Street, east of Paseo del Rey at no
additional cost.
(41 Council approved a lesser ~ttllottlll, however, staff noticed the owilers Of the alllotlllt showll.
WHEREAS, Council adopted Ordinance 2631 on June 13, 1995, distinguishing
assessment from collection against assessment; and,
L
Resolution No. 17957
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WHEREAS, Ordinance 2631 shall be effective on the thirtieth day from and after its
adoption, (four days after the second public hearing); and,
WHEREAS, the assessments levied are based on Ordinance 2631 being in full force and
effect.
NOW, THEREFORE, BE IT RESOLVED as to all Open Space and Maintenance Districts
herein referenced that the City Council of the City of Chula Vista does hereby find that written
protests against the proposed assessment increase have not been made by owners
representing more than one-half of the area of the land to be assessed from 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 assessments as proposed in the modified Engineer's
Report for the 1995-96 fiscal year and set forth hereinabove for Open Space Districts 2-9, 11,
14, 15, 17, 18, 20, 23, 24, 26, 31, Bay Boulevard and Town Centre Maintenance Districts,
contingent upon Ordinance 2631 taking effect and being in full force on the thirtieth day from
and after its adoption, to-wit: July 13, 1995.
BE IT FURTHER RESOLVED that the City Council does hereby establish Zone 9 within
Open Space District 20 and levy the assessments for Fiscal Year 1995/96.
BE IT FURTHER RESOLVED that the City Council does hereby defer action on
Sweetwater Authority's request for exemption from the Open Space District charges until
they develop the site for their water facility or enter ito an agreement with the City; and the
City Manager is hereby authorized to execute said Agreement in a form acceptable to the City
Attorney.
Presented by Approved as to form by
i ~ Bruce M Boog/a~
ohn P. Lf Public Works City AttOrney
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Resolution No. 17957
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T.
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 1 lth day of July, 1995, by the following vote:
YES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
' S~hirl~HH~orton, Mayor
ATTEST:
Beverly Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17957 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chuta Vista City Council held on the 1 lth day of July
1995.
Executed this 1 lth day of July, 1995.
Beverly~. Authelet, City Clerk
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