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HomeMy WebLinkAboutReso 1978-9370RESOLUTION NO. 9370 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE REPORT AND DECLARING THE CITY'S INTENTION TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 10, AND SETTING THE TIME ArID PLACE FOR HEARING THEREON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on October 2, 1978, Dir, r4ichael D. Madigan, Assistant Vice President, Pardee Construction Company, the developer of Casa del Rey Subdivision, submitted a petition for the formation of an Open Space District in accordance with Chapter 17.08 of the Chula Vista Municipal Code, and WHEREAS, a preliminary report was submitted by the Director of Public Works and the Director of Parks and Recreation for the cost of maintaining the Open Space District and a preliminary esti- mate for the assessments 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 forma- tion of Open Space District No. 10 and proposes and intends to establish an open space maintenance district to pay costs of maintaining natural open space, green belt and slopes along major and collector roads, including the maintenance of all trees, shrubs, plants, etc., planted or placed within said open space area, as 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 main- tenance 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 P~AINTENANCE The proposed maintenance consists in general of the following: (a) Irrigation (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 Note: Landscaping and irrigation system shall be maintained and guaranteed by the subdivider for a period of one year after acceptance by the City Landscape Architect. Section 2 DESCRIPTION OF P4AINTENANCE DISTRICT The maintenance district is that as shown in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. -1- Section 3 ASSESSMENT OF COST AND EXPENSE It is proposed to assess the total amount of the mainten- ance 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 is estimated at $5,632, The initial assessment for Chula Vista Open Space District No. 10 will be $25.60 per unit per annum for the maintenance of slopes and natural open space. 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 assessments and the procedure thereby to be levied against the lots or parcels is on file in the office of the Director of Public Works for public inspection. Section 4 TIP•'IE AND PLACE OF HEARING NOTICE IS HEREBY GIVEN that Tuesday, December Ig,1978, at 7:00 p.m. in the Council Chambers in the Civic Center, 276 Fourth Avenue, Chula Vista, California, is the day, hour and place for the hearing when any person interested may object to the proposed mainten- ance 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 for the hear- ing. Section 5 PUBLICATION OF NOTICE The City Clerk of the City of Chula Vista is directed to cause a notice, entitled "Notice of Maintenance District", to be pub- lished 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 last equalized County Assessment Roll, all in the manner provided for in the Chula Vista Open Space District Procedural Ordinance of 1972. Presented by W. J. Ro ens, Director of Public Works Approved as to form by ~~ ~-~ i - ~, ~ ~ ,r ,r ~' ~-' /~~ George D. Lindberg, City Attorney` -2- f/~/ >, / ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 21st day of, 197-~.._, by the following vote, to-wit: AYES Councilmen scott, Cox, Egdahl, Hyde, Gillow NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ~~ ~~ ~/V • Mayor of the City ATTE City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) Chula Vista I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of Resolution No. 9370 ,and that the same has not been amended or repealed. DATED (seal) November City Clerk CC-660 j _ f., >>`~.~ -----_ ___...-- ~ n PRAWN er T ~ ~ ~ E ~-IIBIT "A" ___C._M. G____ STAFF .PROPOSAL ~arFii _ o _ ,R OPEN SPACE OISTR/CT NO. /0 .