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HomeMy WebLinkAboutReso 1985-12298 Revised 12/16/85 RESOLUTION NO. 12298 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PRELIMINARY REPORT AND DECLARING INTENTION TO FORM OPEN SPACE MAINTENANCE DISTRICT NO. 14 The City Council of the city of Chula Vista does hereby resolve as follows: WHEREAS, McMillin Development, Inc., developer of Bonita Long Canyon Estates, submitted a letter of petition on September 4, 1985 and December 5, 1985, requesting formation of an open space maintenance district for all seven units in Bonita Long Canyon Estates in accordance with Chapter 17.08 of the Chula Vista Municipal code, and WHEREAS, the petition complies with Conditions 3, 10 and 36 contained in Resolution No. 10470 approving the tentative map of Chula Vista Tract 81-4, Bonita Long Canyon Estates, Unit 1, and WHEREAS, the City Council is required to adopt a resolution of intention to form the district in order to satisfy the procedural requirements for such district, and WHEREAS, the preliminary report was submitted by the City Engineer for the cost of maintaining the open space district and a preliminary estimate for the assessment to be charged for each parcel. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista does hereby accept the report for the formation of Open Space District No. 14 and proposes and intends to establish an open space maintenance district to pay the costs of maintaining natural open space, green belt and slopes along major and collector roads, parkways within the public rights of way adjacent to open space lots, including the maintenance of all trees, shrubs, plants, etc., planted or placed within said open space area designated in exhibit "A", attached hereto and incorporated herein by reference as if set forth in full in accordance with the provisions of Ordinance No. 1400 establishing procedures for the acquisition, development and maintenance of open space, known as the Chula vista Open Space District Procedural Ordinance of 1972, and as such may be amended. Section 1 DESCRIPTION OF MAINTENANCE The proposed maintenance consists in general of the following (a) Irrigation -1- (b) Fertilization (c) Removal of weeds, trash and litter (d) Pruning of trees and shrubs (e) Replacement of dead or diseased trees and shrubs (f) Repair of equipment and facilities (g) Weed abatement Section 2 DESCRIPTION OF MAINTENANCE The maintenance district is that as described in Exhibit "A" attached hereto and incorporated herein by reference as if set forth in full. Section 3 ASSESSMENT OF COST AND EXPENSE It is proposed to assess the total amount of the maintenance cost of the district after establishment, plus the incidental expenses thereto, to all of the real property within the district, in conformance with the provisions of the Chula Vista Open Space District Procedural Ordinance of 1972, in proportion to the estimated benefits from the maintenance to be received by the individual parcels of real property. The Council may order a portion of the cost of maintenance to be paid by the City from appropriate funds. The anticipated annual maintenance cost within Unit 1 is estimated at ~16,950. The initial assessment for Chula Vista Open Space District No. 14 will be approximately $85 for each dwelling unit in Unit 1. The assessment per dwelling unit will be adjusted every year to reflect the changes in actual number of dwelling units and additional maintenance costs. A statement of the proposed assessment for Unit 1 and the procedure thereby to be levied against the lots or parcels is on file in the office of the City Engineer for public inspection -2- Section 4 TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN that Tuesday, January 14, 1986 at 7:00 p.m. in the Council Chambers of City Hall, 276 Fourth Avenue, Chula Vista, California, is the day, hour and place for the hearing when any person interested may object to the proposed maintenance or the amount of the assessment, or increasing the limits for the district. Failure to make objections at that time shall be deemed to be a waiver of all objections and shall operate as a bar for any claim for damages. Such protest, if any, must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same, and shall be delivered to and filed with the City Clerk at a time no later than the hour set forth for the hearing. Section 5 PUBLICATION OF NOTICE The City Clerk of the City of Chula Vista is directed to cause a notice, entitled "Notice of Formation of Open Space Maintenance District No. 14", to be published at least ten days before the date of the hearing in the Chula vista Star News. The City Clerk is directed to mail a copy of such notice, postage prepaid, to all persons owning real property proposed to be assessed whose names and addresses appear on the least equalized County Assessment Roll, all in the manner provided for in the Chula Vista Open Space District Procedural Ordinance of 1972. Presented by Appr, ov/~ as to form by J hn~P. p~i~~r // / ~ ~' Li of / ~homas Jf ~rron, City ~blic Works/City Engineer '~Attorney~/ 1021a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 17th day Of December 19 85 , by the following vote, to-wit: AYES: C0uncilmembers Cox, Malcolm, Moore, Scott, McCandliss NAYES: Counci ] members None ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None ~of the City of Chula Vista /'/ City Clerk - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION NO. 12298 ,and that the same has not been amendedor repealed. DATED (seal) City Clerk CC- 660 OPEN SPACE MAINTENANCE DISTRICT NO. ~4 BONITA LONG CANYON .~,~ ~,.,-ESTATES 8/26/85 SECTIONAL PLANNING AREA ,ISTRICT 80UNOARY