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Home My WebLink AboutReso 1983-11289 RESOLUTION NO. 11289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING REPORT AND DECLARING THE CITY'S INTENTION TO MODIFY THE EXISTING CHULA VISTA OPEN SPACE DISTRICT NO. 1 AND TO ESTABLISH CHULA VISTA OPEN SPACE DISTRICT NO. 12 AND SETTING THE TIME AND PLACE FOR HEARING THEREON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, Pacific Scenes, Inc., the developer of Charter Point Subdivision Units 1, 2 and 3, has 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 City Engineer and the Director of Parks and Recreation 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. 12 and the modification of Open Space District No.1, established by Resolution No. 6951, and proposes and intends to establish said open space district to pay, if necessary, the cost 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 maintenance of open space, known as the Chula Vista Open Space District Procedural Ordinance of 1972, and as such may be amended and further that the modified Open Space District No. 1 as designated in Exhibit B, attached hereto and incorporated herein by refernce as if set forth in full, is to be modified in accordance with Section 17.08.390 of the Chula Vista Municipal Code. Section 1 DESCRIPTION OF MAINTENANCE The proposed maintenance of Open Space District No. 12 to be formed and of the modified Open Space District No. 1 consists in general of the following: -1- (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 Section 2 DESCRIPTION OF MAINTENANCE The Open Space District No. 12 is that as described in Exhibit A and modified Open Space District No. I is that as described in Exhibit B. Section 3 ASSESSMENT OF COST AND EXPENSE The initial assessment of Chula Vista Open Space District No. 12 will $0 per unit per annum, which assessment will remain at said level for so long as the homeowner's association continues to maintain the open space area of the maintenance district as described herein in a manner satisfactory to the City of Chula Vista. In the event that an assessment should be levied, said assessment per dwelling unit will be adjusted every year to reflect the changes in actual number of dwelling units and additional maintenance costs. The assessments for modified Chula vista Open Space District No. 1 have heretofore been established by the City Council for fiscal year 1983-84 and a statement of said proposed assessments 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. Section 4 TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN that Tuesday, July 12, 1983 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 districts. 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. -2- //~9j? 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 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 ./-L(~q h . 't~ Jo n P. Llpplt, lty Engineer Approved as to form by -/!/ ((' ~? 4~ (,~ ~ ,I George D. Lindberg, City Attorney -3- 1(--- 11;l yf File: EY162 NOTICE OF MODIFICATION OF OPEN SPACE MAINTENANCE DISTRICT NO.1, AND FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NO. 12 NOTICE IS HEREBY GIVEN that Tuesday, July 12, 1983, 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 address the City Council regarding the proposed modification of Open Space Maintenance District No. 1 and formation of Open Space Maintenance District No. 12. Failure to make a statement 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 statements, for or against, 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 hearing. It is the intent of the City Council to withdraw three parcels of land comprising 42.536 acres from Open Space Maintenance District No.1. and reform that improved subdivided land identified as Charter Point Units 1, 2 and 3 into Open Space Maintenance District No. 12. This land is classified as undeveloped on the current assessment rolls for Open Space Maintenance District No. 1. It is now a residential development and the developer/owner has petitioned that said land be formed into a new and separate open space maintenance district to enable the homeowners association to contract for the maintenance of the open spaces appurtenant to their development. The City Council also intends to modify the present assessment spread within Open Space Mai ntenance Di stri ct No. 1 by changi ng the assessment for the 38 res i dent i a 1 lots in El Rancho del Rey Unit 3 - West from undeveloped acreage to improved residential dwelling units. This will ensure an equitable sharing of the cost to maintain the open space among all property owners within the district. The immediate financial impact of withdrawing these three parcels from Open Space Maintenance District No. 1 and equalizing the assessment for all improved properties would be an increase of $0.38 per year to each of the remaining parcels. The current assessment is $39.44 per family dwelling unit or undeveloped acre per year except for the 38 dwelling units whose assessment is currently $5.12. Those 38 units have a proposed increase of $34.70 per year equalizing their assessments with other dwelling units in the district. Should Open Space Maintenance District No. 12 not be formed and the maintenance cost of the landscaped open spaces of the now developed three parce 1 s be assumed by Open Space Maintenance Di stri ct No.1, the assessment per family dwelling unit or undeveloped acre would increase by approximately $0.80 per year. WPC 0402E R--II~f7 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LA VISTA, CALIFORNIA, this 21 st day of June 83 ,by the following vote, to-wit: S: Councilmen Cox, Malcolm, Moore, McCandliss. Scott ES: Councilmen None ;TAIN: Cot.rlcilmen None ENT: Councilmen None /l.(J" City of Chula Vista TE OF CALIFORNIA ) NTY OF SAN DIEGO ) s s. , OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 11289 ,and that the same has not been amended or repealed. ED ( seal) City Clerk .660 /('-)/2 <if