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HomeMy WebLinkAboutReso 1994-17504RESOLUTION NO. 17504 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE FY 1994/95 SPREAD OF ASSESSMENTS (ZONE E) FOR EASTLAKE MAINTENANCE DISTRICT NO. 1, DECLARING THE INTENTION TO ESTABLISH ZONE E FOR THE MAINTENANCE OF TELEGRAPH CANYON CHANNEL, TO LEVY AND COLLECT ASSESSMENTS AND SET JULY 12 AND 19, 1994 AT 6:00 P.M. AS THE DATES AND TIMES FOR THE PUBLIC HEARINGS WHEREAS, on June 1, 1993, the City Council considered establishing Zone E within Eastlake Maintenance District No. 1 (ELMD1) to provide for the maintenance of section of the Telegraph Canyon channel recently improved by the City which facility is more fully described in the report ("Facility or Telegraph Canyon Channel"); and, WHEREAS, Council directed staff to analyze alternatives in response to concerns of assessing properties for new improvements and return to Council; and, WHEREAS, staff has prepared five alternatives for Council's consideration and recommends Alternative 1, which is as follows: Alternative 1 excludes all residential properties within Eastlake 1 as these properties preceded the need for maintenance of the channel. However Alternate 1 does include all property owners in Eastlake Greens and the Eastlake 1 Business Center within Zone E. Therefore this proposal will assess all tributary, undeveloped properties within the basin in future districts and assess all tributary properties located within Eastlake Greens and Business Center beginning in FY 94/95. WHEREAS, staff recommends Alternative 1 be utilized in the formation of Zone E for the following reasons: All property owners who were required to pay for construction of the channel because their property drains to Telegraph Canyon Creek and whose property developed after the Drainage DIF Ordinance was adopted will pay towards the maintenance of the channel. This is the most equitable approach and is justified under the 1972 Landscaping and Lighting Act. Properties that developed before the need for the channel are not proposed to be assessed. The disclosures which were provided to the buyers indicated that a maintenance district was in place giving a potential cost for the district which ranged from ~8/year to $50/year. The assessment will be approximately ~)21/year ( ~ 16.67 cost/EDU plus ~4.56 for the drainage portion) which is between the assessments indicated in the Resolution No. 17504 Page 2 disclosures but not significantly higher than the low figure disclosed. The proposed increase due to Zone E is a minor burden to the property owners whereas if another alternative is chosen, there will likely be problems in the future because different owners would not be paying for maintenance of all the same improvements for which they benefit. The amounts to be assessed to the Business Center and the Greens is very low, ultimately estimated at $5/year or less for the residential properties and only $1.24 or less next fiscal year. The ultimate impact to the industrial and commercial properties in the Business Center is also minimal, under $35/year/acre or less than 83/month/acre (estimated). It was not the intent of the agreement between EDC and the City to have EDC "pick up" the cost for any residential properties in the Greens or the Business Center properties if a district was formed. This alternative allows Council the most flexibility in choosing an alternative because it notices the most property owners of an assessment amount. This is important because it allows the Council to adopt any one of the five alternatives at the time of the public hearing. This is the case because the law allows properties to be excluded or assessments lowered but not added or raised at the time of the hearing which could occur with the other alternatives. However, at the time of the hearing, it may become difficult to choose Alternative 2 if the city is exempting some properties and not others. WHEREAS, staff recommends that all owners within ELMD1 be notified of the proposed improvement and those who will pay the additional cost be notified of the proposed assessment and estimated future cost pursuant to the Landscaping and Lighting Act of 1972. 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 22585. Pursuant to Section 22585 of the Streets and Highways Code ("Resolution 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 EastLake Maintenance District No. 1, by creating a special zone therein, to be referred to as Zone E, for the purpose of collecting and paying for the maintenance, repair and replacement of the improved Telegraph Canyon Channel above referenced, ("Improvements"), from the property owners within the territory shown on the attached Figure 1 pursuant to Alternative 1 as presented in the Council Agenda Report dated May 24, 1994 and entitled: "Council Agenda Statement" submitted by the Director of Public Works ("Council Agenda Report"). II IF ' Resolution No. 17504 Page 3 SECTION 2. Direct Preparation of Engineer's Report. The City Council does hereby accept the Council Agenda Report 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 22586, 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. TABLE I FY 93/94 FY 94/95~s Fv/9'!/95 F'/94/95 TOTAI ASSESSMENT ASSESSM]g~IT ASSF~SMENT CO~T ~ Zone A - ELI Industrial $209/ac $279/ac Commercial $349/ac 465/ac Zone B Eas~ake Greens $10,64 $14,08 Telegraph Cyn Channel N/A 1.24 $289/ae $340/ae N/A 496/ae $567/ac N/A $16.67 N/A 1.24(3) 2,386 Residential = $22.82/EDU Industrial = $34.24/nc. Commerical = $30.36/ae. Table does not show all Zones Future assessment nnd cost is estimated at $4.56/0.20 EDU ($22.82/EDU) upon ttlrnover of phases 2 and 3 of the channel SECTION 3. 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 E, hereinabove described, as a special zone within the territory of EastLake Maintenance District No. I for the maintenance of the Improvements hereinabove described, to levy and collect assessments, and, as the Council may determine as necessary at a later time, to issue bonds or notes, all of which is and shall be more fully described, including the proposed assessments, in the Engineer's Report under the alternative indicated therein as Alternative 1. SECTION 4. 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 !11 T Resolution No. 17504 Page 4 permits, on July 12, 1994 and July 19, 1994, in the Council Chambers, 276 Fourth Avenue, Chula Vista, California, and directs the City Clerk to give notice to the public hearing in accordance with sections 22551 of the Streets and Highways Code, and Section 6063 of the Government Code, and in the manner specified in the Council Agenda Report under the subsection thereof labeled: "Notice and Public Hearings". SECTION 5. Evaluation of Agreement Modifications. Without committing to the approval of same, Council will entertain proposals to amend the Telegraph Canyon Channel Agreement between the City and EastLake Development Company, dated August 2, 1988, and directs staff to entertain discussions in this regard so as to permit a staff recommendation on such proposed amendment. Presented by Lippitt Director of Public Works Appro~; as to form Bruce M. Boogaa~j) City Attorney II II~' Resolution No. 17504 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of May, 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: VF'ccki C. Soderquist, De~y, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) s$, I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17504 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of May, 1994. Executed this 24th day of May, 1994. Vicki C. Soderquist, D~'~,i~ City Clerk