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HomeMy WebLinkAboutReso 1990-15869 RESOLUTION NO. 15869 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING CITY POLICY TO PROVIDE FOR THE MAINTENANCE OF NATURAL DRAINAGE FACILITIES WITHIN OPEN SPACE The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at its meeting of September 5, 1989, Council adopted Ordinance 2331 which revised the procedures for establishing open space districts in the City and provided for the maintenance of improvements in open space areas; and WHEREAS, Council directed staff to return with provisions to require the developers to assist in providing financing for the maintenance of natural drainage ways; and WHEREAS, the attached policy contains staff's recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt a City Policy to provide for the maintenance of natural drainage facilities within open space as set forth in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. Presented by ~ Resolution No. 15869 Page - CITY OFCHULAVISTA IBJECT POLICY FFECnV Drainage - Natural channels within NUMBER 13ATE PAGE Open Space 1of! ADOPik_u BY RE~OLUTION NO, I)ATEDI September 14, 1990 Backqround At the meeting of September 5, lg89, Council adopted Ordinance 2331 which revised the procedures for establishing open space districts in the City and provided for the maintenance of improvements in open space areas. Although Council adopted subject ordinance, it directed staff to return with provisions to require the developers to assist in providing financing for the maintenance of natural drainage ways. Purpose Establish a Council Policy which outlines the responsibilities of the developer regarding maintenance of natural drainage ways. - Poli~y ' The Council establishes the following policy for the maintenance of natural drainage ways~ 1. When a developer requests formation of an open space district which includes a natural drainage channel as part of an open space lot, the developer shall maintain the natural drainage facilities for a period of five years. The five year maintenance period by the developer will start when the City Council accepts the open space landscaping. 2. The maintenance shall be: guaranteed through a bond to the City in an amount equal to the estimated five-year cost. At the request of the developer, the City may allow the bond to be reduced annually by 10% per year and released completely after five years. 3. The district shall be formed and assessments levied during the five year period while the full cost of maintenance of the channel is being born by the developer. This provides a reserve amount to be utilized in case of emergency. 4. The upstream property uwners may be required as a condition of approval of future development to pay their fair share of the maintenance costs of downstream natural drainage facilities which are within, and maintained by, other open space districts. WPC 5197E Resolution No. 15869 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of September, 1990 by the following vote: AYES: Councilmembers: Malcolm, McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None go~Cox, ATTEST: Beverl~. Au{helet, 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. 15869 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 25th day of September, 1990. Executed this 25th day of September, 1990.