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HomeMy WebLinkAboutReso 2023-050 DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D RESOLUTION NO. 2023-050 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023/24 FOR OPEN SPACE DISTRICTS 1 THROUGH 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, EASTLAKE, TOWN CENTRE, AND BAY BOULEVARD OF THE CITY OF CHULA VISTA PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 WHEREAS, the City Council has by previous Resolutions formed and levied annual assessments within the Chula Vista Open Space Districts 1 thru 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, Eastlake, Town Centre, and Bay Boulevard (hereafter referred to as the "Districts"), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the "Act") and the Chula Vista Municipal Code Chapter 17.07 to pay for the maintenance and servicing of all improvements and facilities related thereto; and WHEREAS, all District and Zones of the Open Space District are attached hereto as Attachment A; and WHEREAS, Section 22622 of the Streets and Highways Code requires the City Council to adopt a resolution that: (a) generally describes any proposed new improvements or any substantial changes in existing improvements within the Open Space Districts; and(b) orders the preparation and filing of an Engineer's Report (hereinafter the "Report") prepared in accordance with Article 4 (commencing with Section 22565) of the Streets and Highways Code for the assessments which are proposed to be levied on assessable lots and parcels of land within the Open Space Districts for the 2023/24 Fiscal Year; and WHEREAS, the City Council has retained Spicer Consulting Group LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act. NOW, THEREFORE BE IT RESOLVED, FOUND, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE CITY OF CHULA VISTA AS FOLLOWS: Section 1. Recitals The Recitals set forth above are true and correct. Section 2. Annual Levy Report The City Council hereby orders Spicer Consulting Group LLC,to prepare and file with the City Clerk the Engineer's Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2023, and ending June 30, 2024, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act. DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D Resolution No. 2023-050 Page No. 2 Section 3. District Improvements The facilities and items to be maintained by the Open Space Districts currently consist and will remain,in general, of the following: irrigation, aerification,insect infestation control,removal of noxious plant material, public walkway cleaning, weed abatement, pedestrian light maintenance, pruning of trees and shrubs, irrigation equipment upgrades, encroachment trims, replacement of dead or diseased plant material, fertilization, pest control, removal of weeds, trash and liter, trail maintenance, low flow and brow channel maintenance, slopes and canyons, signage within trails/canyons, repair of irrigation equipment, brush clearance, fencing maintenance, and retaining walls, pursuant to Sections 22565 through 22574 of the Streets and Highways Code. Services provided include all necessary service, operations, administration, and maintenance required to keep the above-mentioned improvements in a healthy, vigorous, and satisfactory working condition. There are no proposed new improvements or substantial changes to existing improvements within the Open Space Districts. Section 4. Severability That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of the Resolution as hereby adopted shall remain in full force and effect. Section 5. Effective Date That this Resolution shall take effect upon its adoption. Section 6. Certification That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D Resolution No. 2023-050 Page No. 3 Presented by Approved as to form DocuSigned by: DocuSigned by: S aV'a� S(6 �a v.S. A9701C384C:FR401 By FFR94PDCPR5747F Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona&Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of May 2023 by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez,Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None DocuSigned by: 7804EC23B90B473... John McCann, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2023-050 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of May 2023. Executed this 16th day of May 2023. DocuSigned by: 30746104EAF342F Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: BC06EE7D-DOEO-4C6B-9B95-1 BDE00455D1 D Resolution No. 2023-050 Page No. 4 ATTACHMENT A Open Space District Name 1 El Rancho del Rey Units 1-4 2 Lark Haven 3 Rancho Robinhood Units 1 &2 4 Bonita Ridge 5 South Bay Villas 6 Hilltop Vista 7 Zenith Units 2, 3,&4 8 Rancho Robinhood Unit 3 9 El Rancho del Rey 10 El Rancho del Rey 6, Casa Del Rey 1 1 Hidden Vista Village 14 Bonita Long Canyon 15 Bonita Haciendas 17 Bel Air Ridge 18 Rancho del Sur 20 Zone 1 Desilting Basin 20 Zone 2 Rice Canyon 20 Zone 3 H Street 20 Zone 4 Business Center 20 Zone 5 SPA I 20 Zone 6 SPA II 20 Zone 7 SPA III 20 Zone 8 N Desilting Basin 20 Zone 9 Telegraph Canyon Channel 23 Otay Rio Business Park 24 Canyon View Homes 26 Park Bonita 31 Telegraph Canyon Estates 33 Broadway Business Home Village - Eastlake Maintenance District No. l Zone A - Eastlake Maintenance District No. 1 Zone B - Eastlake Maintenance District No. 1 Zone C - Eastlake Maintenance District No. 1 Zone D - Eastlake Maintenance District No. 1 Zone E - Bay Blvd Maintenance District - Town Centre Maintenance District