HomeMy WebLinkAboutReso 1994-17588 RESOLUTION NO. 17588
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ESTABLISHING ZONE E WITHIN EASTLAKE
MAINTENANCE DISTRICT NO. 1, CONFIRMING THE REPORT,
ORDERING THE IMPROVEMENTS AND LEVYING THE FIRST
YEAR ASSESSMENT FOR FISCAL YEAR 1994/95
WHEREAS, on May 24, 1994, the City Council adopted Resolution 17504 declaring
the intention to establish Zone E within Eastlake Maintenance District No. 1 (ELMD1) to
provide for the maintenance of Telegraph Canyon drainage channel pursuant to the
City/Eastlake Development Company Agreement; and,
WHEREAS, the first public hearing was held on July 19, 1994 and the second public
hearing on July 26, 1994 will consider testimony for assessing benefitting properties within
Eastlake Maintenance district No. 1 for their pro rata share of the costs; and,
WHEREAS, staff recommends that Council open the second public hearing, take
testimony, close the hearing; direct staff to tally protests; and, if no majority protest exists,
adopt this resolution; and,
WHEREAS, Zone E is within ELMD1 for assessing properties for maintenance of the
section of Telegraph Canyon drainage channel recently improved; and,
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:
Eastlake Maintenance District No. 1
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 District
("Engineer's Report"); and,
WHEREAS, on May 24, 1994, the City Council declared its intent to establish Zone E
and set July 12, 1994 as the date for the public hearing, which hearing was continued to July
19, 1994 and continued to July 26, 1994; and,
WHEREAS, on July 26, 1994, the City Council approved the modifications to the
Engineer's Report affecting EastLake Maintenance District No. 1 Zone E; and,
WHEREAS, staff recommends that the assessment schedule for Zone E for FY 1994-95
be as shown below:
Resolution No. 17588
Page 2
TA!}I.R 1
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 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 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 Engineer's Report for the 1994-95 fiscal year and
set forth hereinabove for Eastlake Maintenance District No. 1 - Zone E.
Presented by ~~ to form
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Director of Public Works City Attorney
Resolution No. 17588
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of August, 1994, by the following vote:
YES: Councilmembers: Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Fox, Horton
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
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. 17588 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 2nd day of August,
1994.
Executed this 2nd day of August, 1994.
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