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HomeMy WebLinkAboutReso 1994-17488RESOLUTION NO. 17488 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA INITIATING PROCEEDINGS FOR FORMATION OF A ZONE WITHIN EXISTING OPEN SPACE MAINTENANCE DISTRICT NO. 20, AND DECLARING INTENTION TO ORDER THE REFORMATION OPEN SPACE DISTRICT NO. 20 BY ADDING ZONE 8, AND TO LEVY AND COLLECT ASSESSMENTS WHEREAS, a desilting basin located in City open space (not maintained by a district) offOsite of the area of the Rancho del Rey land downstream and northwest of the Rancho del Rey, SPA II subdivision, between Surrey Drive and Willlares Hill Road, ("Gabjan Drainage Structure") was built by McMillin Development on an emergency basis following the heavy rains of the winter of 1992-1993, to trap silt which otherwise might wash down from the upstream development; and, WJEREAS, pursuant to Resolution No. 15869, which adopted the City's Drainage Policy for natural channels within open space, the City will be required to maintain the Gabian Drainage Structure 5 years after construction, or approximately 1998; and, WHEREAS, pursuant to our open space drainage policy, it is the policy of the City that the cost for maintaining drainage facilities should be borne by the property owners from whence the water comes that is drained; and, WHEREAS, in order to properly distribute the costs for the maintenance of this Gabian Drainage Structure, it may be necessary to provide a special charge to a specific portion of Open Space District 20 that is tributary to the Gabian Drainage Structure to provide financing for this maintenance; and, WHEREAS, seven previous zones have been established within Open Space District 20 for other special improvement facilities of limited area benefit; and, WHEREAS, the City Engineer has defined by a map the territory within Open Space 20 which is tributary to the Gabian Drainage Structure, which map is attached hereto as Figure 1; and, WHEREAS, prior to increasing any open space assessment, the City is required to conduct, pursuant to Section 54954.6 of the Government Code, two hearings noticed to designated parties 45 days in advance of the second public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS: SECTION 1. Resolution Initiating Proceedings per Section 22585. Pursuant to Section 22585 of the Streets and Highways Code "Resolution Resolution No. 17488 Page 2 SECTION 2. SECTION 3, SECTION 4. SECTION 5. initiating proceedings; contents"), adopted by reference through Section 17.07 of the Municipal Code, the City Council does hereby propose the amendment and reformation of Open Space Assessment District No. 20 by creating a special zone therein, to be referred to as Zone 8, for the purpose of collecting and paying for the maintenance, repair and replacement of the Gabjan Drainage Structure above referenced, together with maintenance, repair and replacement of the access road thereto ("Improvements"), from the property owners within the territory shown on the attached Figure 1. Direct Preparation of Engineer's Report. The City Council does hereby accept the Council Agenda Statement dated May 17, 1994 and entitled: "Council Agenda Statement" submitted by the Director of Public Works as the engineer's report required by Section 22585(d), and notes that same is on file with the City Clerk as required by Section 22956, and approves same as the Engineer's Report, subject to such modifications as may be made after further hearings and proceedings prior to formation of the Zone. Resolution of Intention per Section 22587. Pursuant to Section 22587 of the Government Code, adopted by reference under Section 17.07 of the Municipal Code, the City Council does hereby declare their intent to reform and establish Zone 8, hereinabove described, as a special zone within the territory of Open Space District No. 20 for the maintenance of the Improvements hereinabove described, to levy and bonds or notes, all of which is and shall be more fully described, including the proposed assessments, in the Engineer's Report. Notice of Required Public Hearings. Pursuant to Section 22590 of the Streets and Highways Code, and Section 54954.6 of the Government Code, the City Council does hereby fix as the time and place for the required public meetings and hearings by the City Council on the question of the formation of the Zone and the levy of the proposed assessment as 6:00 p.m., or as soon thereafter as the business of the Council permits, on July 19, 1994 and July 26, 1994, and directs the City Clerk to give notice to the public hearing in accordance with Section 22551 of the Streets and Highways Code. This resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. Resolution No. 17488 Page 3 SECTION 6, The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Presented by Resolution No. 17488 Page 4 Z Z W Resolution No. 17488 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of May, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: ,7'~,t(, '\ \~..~ ~,, .~, Vicki C. Soderquist, Dj~uiy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17488 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of May, 1994. Executed this 17th day of May, 1994. Vicki C. Soderquist, D~pu~y City Clerk III 1'