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Home My WebLink About1994/07/26 Item 20 COUNCIL AGENDA STATEMENT Item~ Meeting Date 7/26/94 ITEM TITLE: Public Hearing to consider testimony on the establishment of Zone E within Eastlake Maintenance District No.1, for the perpetual maintenance of Telegraph Canyon channel b) Resolution I ?.58'r Establishing Zone E within Eastlake Maintenance District No.1, confirming the report, ordering the improvements and levying the first year assessment for Fiscal Year 1994/95 Director of Public Work~( City ManagerJC:I ~ ~ (4/5ths Vote: Yes_NoX) a) SUBMITTED BY: REVIEWED BY: On May 24, 1994, the City Council adopted Resolution 17504 declaring the intention to establish Zone E within Eastlake Maintenance District NO.1 (ELMD1) to provide for the maintenance of Telegraph Canyon drainage channel pursuant to the City/Eastlake Development Company agreement. The first public hearing was held on July 19, 1994. Tonight's second public hearing will consider testimony for assessing benefitting properties within Eastlake Maintenance District No. 1 for their pro rata share of the costs and, once the hearing is closed, Council may levy the first year's assessments at $6.20 per equivalent dwelling unit. RECOMMENDATION: That Council open the second public hearing, take testimony, close the hearing; direct staff to tally protests; and, if no majority protest exists, adopt the resolution establishing Zone E within Eastlake Maintenance District No.1, confirming the report, ordering the improvements and levying the first year assessment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On May 24, 1994, Council declared its intent to establish a zone (Zone E) within ELMDl for assessing properties for maintenance of the section of Telegraph Canyon drainage channel recently improved. Council reviewed several alternatives (Attachment 1) and adopted the staff recommendation in this report. Tonight's public hearing will consider testimony for establishing Zone E within Eastlake Maintenance District NO.1 (ELMD1) to provide revenue for the drainage channel maintenance. The first public hearing was noticed for July 12, 1994 and was continued to July 19, 1994. After this second hearing, originally noticed for July 19, 1994 and continued to tonight, Council may take action to establish Zone E and levy the corresponding assessment. Council approved the levy of assessments for FY 1994/95 for ELMDl Zones A and B on June 21,1994 which overlap Zone E. The proposed, combined assessments are shown in Attachment F. The following report outlines the boundary of Zone E, assessment schedule, maintenance costs, methodology, and notice requirements. ~~~/ Page 2, Item 20 Meeting Date 7/26/94 Boundarv. Assessment and Maintenance Costs The method of assessment spread approved on May 24 consists of assessing all benefitting properties within Eastlake Business Center and Eastlake Greens via Zone E, ELMDl. Table 1 outlines the proposed assessment for properties within the proposed boundary of Zone E. TABLE 1 ELMDl FY 94/95 ASSESSMENT ZONE E(1) Eastlake I Industrial $9.30/ac Commercial 8.24/ac Zone B Eastlake Greens Residential $1.24/.20 BDD") Commercial 8.24/ac Golf Course 3.IO/ac ")Future assessme(1t and cost is estimated at $4.56/0.20 BDU ($22.82/EDU) upon turnover of Phases 2 and 3 of the channel. Residential = $22.82/BDU Industrial = $34.24/ac Commercial ~ $30.36/ac Staff proposed that Zone E ultimately cover the cost of the channel maintenance for the three phases of the channel between Eastlake and the end of the improvements at the western boundary of Rancho del Rey east of Paseo Ladera. The boundary and future areas of benefit as shown on Attachments A and B are all of the currently undeveloped properties within these limits and include Sunbow II, Baldwin, Rancho del Rey SPA 3, and Telegraph Canyon Estates. Staff has calculated Eastlake I and the Green's prorated share of the overall channel maintenance to the undeveloped properties (Rancho del Rey, Baldwin, etc.) at approximately 20.4 % as outlined in Table lA. Staff anticipates creating a zone within various future and existing open space maintenance districts to incorporate the cost of all three phases in future and existing districts where the properties drain into this channel. TABLE lA - EASTLAKE ZONE E PERCENT OF BENEFITING PROPERTIES Development Percent of Basid2) Eastlake 1 Business Center 13.4% Eastlake Greens Golfcourse 1.0% Commercial 1.3% Residential Sold as of 12/31/93 2.4% Sold atier 1/1/94 .1% Not sold 2.2% Subtotal 20.4% Salt Creek Ranch 10.0% Telegraph Canyon Estates 6.0% Baldwin 45.6% Sunbow II 3.1 % Rancho de Rey 6.7% Eastlake Business Center II 6.5% Miscellaneous 1.7% (2) Actual percent may vary depending on the final development plans of future developments. ,) p,. .).. Page 3, Item~ Meeting Date 7/26/94 Table 2 outlines the cost of channel maintenance by construction phase. The amount includes the cost for removing silt at the silt fences and removing invasive plant material. See Attachment C for an itemized cost breakdown. TABLE 2 SILT FENCE PLANT TOTAL ELMDI @ COST/EDU REMOVAL 20.4% Phase 1 $4,079 $4,822 $8,901 $1,815 $4.72 ........................................ ........................................ ........................................ ........................................ ........................................ Phase 2 5,743 12,449 18,192 3,709 9.64 ........................................ ........................................ ........................................ ........................................ ........................................ Phase 3 6,407 6,780 13,187 2,689 6.98 SUBTOTAL $40,280 $8,213 $21.34/EDU FORMATION COST 571 $ 1. 48/EDU TOTAL $8,784 $22. 82/EDU It is proposed that Eastlake Greens and the Business Center be assessed their pro rata share of only Phase 1 of channel maintenance in FY 94/95 (Table 1) because staff anticipates that the other two phases will not be ready for turnover. The above table also incorporates the cost of formation of the district. Staff proposed and City Council approved that the cost of formation of Zone E be spread among the benefiting properties in the same manner as the maintenance cost. Eastlake Development Company has advanced the funds to form the zone within the open space district and is required to be reimbursed from the district pursuant to the development agreement (Attachment E). Methodologv The methodology for spreading Zone E's cost is based on the amount of storm water runoff anticipated for various land uses on an acreage basis. Table 3 summarizes the factors and outlines the various rates based on land use. This is consistent with the methodology used for another City open space district which includes channel maintenance as a responsibility. The calculation is based upon I EDU/AC at $22.82 per year assessment. Other yearly rates are multiples of the spread factor times the $22.82 per year assessment. A typical residential assessment in Zone E for the channel maintenance is under $5.00 per year. TABLE 3 DENSITY RUNOFF SPREAD ZONE E FY 94/95 LAND USE EDU/ac COEFFICIENT FACTOR Phase 1-3 ZONE E Ph 1 Only Single Family W1Pi .6 1.00 $~;~~ $i!i~Q MjWi .6 .33 '1M4 ~W4 4-6 .6 .20 4.56 1.24 6-8 .6 .14 3.20 0.88 8-10 .6 .11 2.52 0.68 ---------------- --------------- --------------- --------------- ---------- ------------ Single Family 10-12 .7 .10 2.28 0.62 12-20 .7 .07 1.60 0.44 ---------------- --------------- --------------- --------------- ---------- ------------ Multi-Family 20+ .8 .05 1.14 0.32 ---------------- --------------- --------------- --------------- ---------- ------------ Employment Park .9 1.50/acre 34.24/acre 9.30/acre ---------------- -- -- -- --- -- ---- --------------- --------------- ---------- ------------ Commercial .8 1.33/acre 30.36/acre 8.24/acre ---------------- --------------- --------------- --------------- ---------- ------------ Church .7 1. 17/acre 26.70/acre 7.26/acre ---------------- --------------- --------------- --------------- ---------- ------------ Golfcourse .3 .50/acre 11.42/acre 3.IO/acre (I)No homes in Zone E (ELMDl) are at this density. ~t)-;J Page 4, Item J. 0 Meeting Date 7/26/94 Notice and Public Hearinl!s All owners within ELMD1 were notitied of the proposal to establish Zone E within ELMD1 and those who fall within Zone E and will pay the additional cost were notified of the proposed assessment based on the estimated future cost pursuant to the Landscaping and Lighting Act of 1972. Staff also conducted a meeting on June 23 to provide information regarding Zone E to any interested property owner within ELMD!. Representatives from Eastlake Development Company and the Eastlake golfcourse were in attendance and do not oppose the Zone. No other property owners attended. The assessment may not be imposed if a majority protest, by assessable land area, exists after the close of the second public hearing. Staff has received one written protest included as Attachment H and also received two phone calls against this proposal out of 300 properties proposed to be assessed. FISCAL IMPACT: The cost of formation of this zone and the cost to analyze the overall basin is estimated to be $14,000. Eastlake Development Company has deposited the funds for this work. Approval of Zone E, after tonight's second public hearing will provide $1,815 of revenue to be used for channel maintenance and $571 to be used for reimbursing Eastlake Development Company for district formation costs Fiscal Year 1994/95. The balance needed for the channel maintenance for Fiscal Year 1994/95 will be provided by Telegraph Canyon Estates, OSD 31, ($534) and Eastlake Development Company ($6,552) pursuant to the City/Eastlake Development Company agreement. Ultimately, when all three phases of drainage channel maintenance is turned over to the City, Eastlake Development Company's obligation will increase to $29,646 (73.6%) until the other properties in the drainage basin develop. All costs are calculated at full cost recovery rates. Attachments: A - Boundary one E B - Locatio provements and drainage basin for Phases 1, 2 and 3 of the chatu1el C - Calc of prorated share D-~! ary ~E ~ement between Eastlake Development Company and the City ombined assessment - Minutes of May, 1994 meeting H - Protests I ~ Alternatives M:\HOME\ENGINEER\AGENDA \ZONE2 DS/Pile No.: OS-029 dJ.tJ -1 RESOLUTION NO. /75">>"8' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING ZONE E WITHIN EASTLAKE MAINTENANCE DISTRICT NO. I, CONFIRMING THE REPORT, ORDERING THE IMPROVEMENTS AND LEVYING THE FIRST YEAR ASSESSMENT FOR FISCAL YEAR 1994/95 WHEREAS, on May 24, 1994, the city Council adopted Resolution 17504 declaring the intention to establish Zone E within Eastlake Maintenance District No. 1 (ELMDl) to provide for the maintenance of Telegraph Canyon drainage channel pursuant to the City/Eastlake Development Company Agreement; and WHEREAS, the first public hearing was held on July 19, 1994 and the second public hearing on July 26, 1994 will consider testimony for assessing benefitting properties within Eastlake Maintenance district No. 1 for their pro rata share of the costs; and WHEREAS, staff recommends that Council open the second public hearing, take testimony, close the hearing; direct staff to tally protests; and, if no majority protest exists, adopt this resolution; and WHEREAS, Zone E is within ELMDl for assessing properties for maintenance of the section of Telegraph Canyon drainage channel recently improved; and WHEREAS, prior to the adoption of this resolution, the city council has caused the formation of various districts under and pursuant to either the Chula vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code section 22500, et seq., or pursuant to the Act itself designated as follows: Eastlake Maintenance District No. 1 WHEREAS, in accordance with the Procedural Ordinance, the city Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance District ("Engineer's Report") ; and WHEREAS, on May 24, 1994, the city Council declared its intent to establish Zone E and set July 12, 1994 as the date for the public hearing, which hearing was continued to July 19, 1994 and continued to July 26, 1994; and .2 & -:> WHEREAS, on July 26, 1994, the City modifications to the Engineer's Report Maintenance District No. 1 Zone Ei and Council approved the affecting EastLake WHEREAS, staff recommends that the assessment schedule for Zone E for FY 1994-95 be as shown below: TABLE 1 ELMO 1 FY 94/95 ASSESSMENT ZONE E(1) Eastlake I Industrial $9.30/ac Commercial 8.24/ac Zone B Eastlake Greens Residential $1.24/ .20 EDU(3) Commercial 8.24/ac Golf Course 3.10/ac (1)Future assessment and cost is estimated at $4.56/0.20 EDU ($22.82/EOU) upon turnover of Phases 2 and 3 of the channel. Residential = $22.82/EDU Industrial = $34.24/ac Commercial = $30.36/ac NOW, THEREFORE, BE IT RESOLVED as to Eastlake Maintenance District No.1, that the City Council of the City of Chula vista does hereby find that written protests against the proposed assessment increase have not been made by owners representing more than one-half of the area of the land to be assessed from the improvement and confirms the diagram and assessment contained in the Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the assessments as proposed in the Engineer's Report for the 1994-95 fiscal year and set forth hereinabove for Eastlake Maintenance District No. 1 - Zone E. Presented by Approved as to form by John P. Lippitt, Director of Public Works Bruce M. Boogaard, City Attorney C:\rs\zonee .,2/);(,