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HomeMy WebLinkAboutAgenda Statement 1984/10/02 Item 4,4a COUNCIL AGENDA STATEMENT Item 4, 4a Meeting Date 10/2/84 ITEM TITLE: Public hearing relative to the proposed modification of Open Space Maintenance District 10 Resolution 8775' Modifying Open Space Maintenance District 10 SUBMITTED BY: Director of Public Works/ City Engineer (4/5ths Vote: Yes No x ) REVIEWED BY: City Manager Y On August 28, 1984, Council set October 2, 1984, as the date to conduct a public hearing relative to modification of Open Space Maintenance District 10 by inclusion of patrons of El Rancho del Rey 6 and that District. RECOMMENDATION: That Council : 1. Conduct the public hearing. 2. Adopt a resolution modifying Open Space Maintenance District 10. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: James A. Hutchison and Associates, engineers for the owner of El Rancho Del Rey 6 have submitted a request to form an open space district. That request complies with Condition of Approval No. 11 adopted by Council in Resolution 10103 approving the tentative map for this subdivision. A total of nine open space lots and open space easements across 42 other lots were granted to and accepted by the City at the time the final maps were approved for units A, B, C and D of El Rancho Del Rey 6. All open space lots have been accepted in fee. The original Open Space Maintenance District No. 10 consisted of two phases. Phase 1 included the Casa Del Rey Subdivision. Phase II included undeveloped land with the exception of the Windsor Views Subdivision (see Exhibit A) . No assessments have been levied to date on properties within Phase II . Windsor Views was included to provide the City a means of maintaining the open space adjacent to that subdivision. Presently that open space is being maintained by the Windsor Views homeowners association. It will continue to be maintained by that organization and is not proposed to be assessed under the proposed modification to District 10. Page 2, Item 4, 4a Meeting Date 10/2/84 In order to include all of El Rancho Del Rey 6 in Open Space Maintenance District No. 10, the boundary needs to be expanded to include these portions of the subdivision outside of the present boundary. See Exhibit A. El Rancho Del Rey 6, Unit C and a portion of Unit D are presently in District 10, Phase II. All open space lots within El Rancho Del Rey 6 will be maintained as "natural open space" which is relatively inexpensive; e.g. , $0.01 per square foot per year, the annual maintenance costs for El Rancho Del Rey Unit 6 will be added to the annual maintenance costs for Casa Del Rey (Phase I, District 10) and the cost spread between Casa Del Rey, El Rancho del Rey Units 6A, B, C and D, and one single residence rural parcel (Bennett property) based on equivalent dwelling units (EDU) . All of the proposed open space lots and easements conform to the criteria contained in Section 17.08.020C of the Municipal Code. Open space lots will be maintained by the district (City) , but maintenance of the area within open space easements will be the responsibility of the individual property owners. None of the slopes within these open space easements are highly visible. It is intended that these areas will be left in their natural state and not included in the district initially. However, open space areas within easements can be included in the open space district if the individual property owners are not able or willing to adequately maintain their areas. The owner will install the necessary landscaping and temporary irrigation at no expense to the City. The landscaping will be complete and established by the petitioner prior to acceptance by the City on behalf of Open Space Maintenance District No. 10. There are 593.37 equivalent dwelling units (E.D.U. ) proposed to be assessed subsequent to approval of the boundary change. See Exhibit B. Total estimated cost is $35,273.00 per year. Cost per E.D.U. is estimated to be $59 to $60 per year per E.D.U. This will reduce the annual cost to residents of the Casa Del Rey subdivision. Current assessment (FY 1984-85) is $82.28. The reduction in annual costs for Casa Del Rey residents will not occur until the open spaces are accepted by the City for maintenance and a contract is awarded to provide for that maintenance. The reduction of annual cost for the Casa Del Rey residents can be attributed to inclusion of El Rancho Del Rey 6 into the District with low maintenance cost open space lots (natural) and a large number of parcels to assess. The majority of the affected parcels are owned by three developers. Those developers are Pardee Construction, Pacific Scenes and The Gersten Companies. All property owners will be notified of the proposed changes. There is a cloud cast over all open space maintenance districts by the specter of "Jarvis 4" on the November ballot. This initiative which purports to be retroactive to August of 1983 would do away with the feasibility of open space maintenance districts. That being the case, we would have to enter into a contract to pass the maintenance costs on to the homeowners or absorb the costs ourselves. \ 115 Page 3, Item 4, 4a Meeting Date 10/2/84 FISCAL IMPACT: There will be no cost to the City if the open space maintenance district is formed. However, if "Jarvis 4" is passed, the City may have to reach an agreement with the property owners to pay this cost or absorb the costs itself. Even if "Jarvis" passes, the City Attorney believes the retroactive part of "Jarvis 4" impacting any tax initiated after August 1983, would be found unconstitutional by the courts. WAU/f p WPC 1154E /Tr-/% bY the Citv ;; , ,C ii ( 'x;&2 Chu'a Vista Dated " ISM OCT -2 H: 33 h11 t A CI) Y urFiCE September 28, 19E4 TO: Chula Vista City Council FROM: James and Susie Bennett SUL JECT: Against the inclusion of the Bennett Property in the Open Space Maintenance District No. 10 REASONS: We have resided on our property, which is at least 90% open space, for 26 years and have had no reason to perform maintenance on the open space area. Don't understand what maintenance can nu porfcr;ned on open space. I t is our belief that anything done to thy. open space area would i e a aisturLance to the natural veg- e tct i on and w i l d l i f e, enough has been destroyed by a l l the :wilding which has taken place. '. i l I this annual assessm-rnt !:,e added to our property tax bill, if sc isn't this a violation of thy: intent of Pry Nos i t i on 13? James w Susie Bennett /t444.44" 9--