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HomeMy WebLinkAbout1992/09/15 Item 11 COUNCIL AGENDA STATEMENT Item II Meeting Date 9/15/92 Public Hearing to form Chula Vista Open Space Maintenance District No. 23, Otay Rio Business Park RESOLUfION 168'1(1 Ordering the improvements and the formation of Open Space District No. 23 (Otay Rio Business Park), confirming the diagram and assessments for Fiscal Year 1992-93 Director of Public Works~ ' () Director of Parks and Recreation~ City Manager,JC ~ f (4/5ths Vote: Yes_No-K.) On August 18, 1992, the City Council approved the Engineer's Report on the proposed Open Space District No. 23, Otay Rio Business Park, and set September 15, 1992 as the date for a public hearing on the proposed formation. The boundaries of the proposed district are shown on Attachment "A". ITEM TITLE: SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That the City Council: 1. Hold the public hearing; and 2. Adopt the resolution ordering the improvements, forming Open Space District No. 23, confirming the diagram and levying assessment for FY 1992-93. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This hearing has been noticed by the City Clerk in accordance with Section 22556 and 22588 of the Streets and Highways Code. Letters were sent to all property owners informing them about the proposed assessment and the public hearing. Mter conducting the public hearing, the final step in the proceedings for the formation of the district requires that Council adopt a resolution which (1) orders the improvements, (2) forms the open space maintenance district, (3) confirms the district diagram and (4) levies the assessment either as originally approved in the Engineer's Report or as modified by Council subsequent to the public hearing. The proposed assessment for Fiscal Year 1992-93 Is $0 per unit. Turnover of the open space Is not anticipated to occur until January 1994. In conjunction with the annual proceedings for the open space hearing next July, the property owners will be assessed for fiscal Year 1993-94. /I~I Page 2, Item / / Meeting Date 9/15/92 The Engineer's Report approved by Council is as follows: R~rt on Open Space District No. 23. Ota,y Rio Business Park I. Backl:round This report was prepared pursuant to City Council direction and in compliance with the requirements of Division 15, Part 2, Chapter 1 of the Streets and Highways Code of the State of California and the Chula Vista Municipal Code, Section 17.07. On July 28, 1987 by Resolution 13173, the City Council approved the tentative map for Chula Vista Tract No. 87-6 Otay Rio Business Park, Unit 1. The final map for Unit 1 was approved September 19, 1989 by Resolution 15313. A condition of approval required that the open space lots created by the map be maintained by an open space district. II. Boundaries of District The boundary of the district corresponds to the boundary of Chula Vista Tract 87-6, Otay Rio Business Park Units 1, 2, 3 and 4 and is shown on the Assessment Diagram on file in the Office of the City Engineer. A reduced copy, Attachment "An, is included in this report. As permitted in the Streets and Highways Code Section 22571, the details of the individua110ts (lines, dimensions and bearings) are shown in the County Assessor's Maps on file in the San Diego County Assessor's office. III. Maintenance Items Initially, the areas to be maintained consist of three open space lots and median totalling 61,500 square feet. These are the highly visible areas adjacent to Otay Valley Road near Otay Rio and Spyglass Hill Roads. Upon recordation of additional maps and construction of additional improvements, additional open space areas will be turned over for maintenance. No estimate of those future costs is available yet. It is anticipated that the residential area when it develops will either participate in another district or will be a separate zone from the industrial parcels within Open Space District No. 23. The facilities and items of maintenance included within the District are as follows: 1. Maintain landscaping and irrigation system improvements within the designated open space lots, medians and within the parkways adjacent to open space lots. / /..~ Page 3, Item / / Meeting Date 9/15/92 2. Maintain theme walls and monuments located within open space areas including graffiti removal. 3. Maintain brow ditches within open space lots (public Works). The maintenance program for Open Space District 23 consists in general of the following: 1. Repair, removal, or replacement of all or any part to any improvement. 2. Irrigation, fertilization, trimming, and replacement of dead or diseased landscaping. 3. Weed abatement. 4. Removal of trimmings, trash and litter. 5. Removal of debris from brow ditches (parks and Recreation). IV. Cost Estimate The estimated annual cost for maintenance of Open Space Maintenance District No. 23 Otay Rio is $16,260 for the three open space lots and median. This preliminary estimate is based on information obtained from the developer and has been reviewed by the open space coordinator. See attachment "B". The estimated assessment on each parcel of land in the District is in direct proportion to the estimated benefit to be received by such parcel. One method of apportioning the benefit, and thus the cost of the maintenance, is based on the estimated traffic generated by each parcel. This is a reasonable approach because the open space consists of a median and lots adjacent to the major roadway. The proposed district will initially contain only industrial parcels which have the same traffic generation factor (200 trips per acre of land). Therefore, the total ADT for each parcel will be directly proportional to the gross area of the parcel. For purposes of distributing assessment, each industrial gross acre of land is equivalent to one assessment unit. The proposed distribution of assessment is shown in attachment "Coo. Unit 1 of the proposed district will contain 36 industrial units. The estimated annual assessment for a typical unit would be approximately $290/acre based on present costs ($16,260/56 acres =$290/acre) If the reserve of 50% is built up over 5 years, the annual assessment would be approximately $320/acre. 11-3 Page 4, ItemK Meeting Date 9/15/92 Since turnover is not anticipated to occur until Fiscal Year 1993/94 a $0 assessment is applicable for Fiscal year 1992/93. V. Assessment Schedule It is anticipated that District maintenance activities will begin in January 1994 and consequently no assessment will be levied during the fiscal year 1992-1993. Attachment "C" shows the proposed annual assessment during the first year which will provide the 50% reserve during the first year if turnover occurs in January. Initially, the annual maintenance cost will be distributed among the existing parcels in Unit 1 of the Business Park. If additional units within the District develop and new open space lots are created and dedicated to the City, the maintenance cost and assessment spread would be adjusted accordingly. Plats are available for Council viewing. FISCAL IMPACT: Cost of district formation is paid for by the developer through a deposit. Annual staff and administration costs are included in the assessment. The City is in the process of acquiring 30 acres of land within this district for a Corporation Yard site. If the City acquires that land, the cost to the City is estimated to be approximately $9,600 each year. The exact amount of the assessment will be determined annually. Attachment: A - Open Space Maintenance District No. 23 Diagram B - Budget Estimate DDSlwpc/Fik No.: 0S-024 f: \home\c:uginoer\agenda\otrbp.res 091092 Jr'f = . . I ~ .. i . i i r i I e I I .. I ! ~ i I i ~ i . ! II I 0 I i . z I .., i & , t i I t '" .., I II I ~ -' !e I riili el ~ .. . ~ I I t' I -' ~ Ie ~i ~ ~~~ I @ CI . f() C\I d z ~ ~ U c:: a: ~ ~ en ~ 0 W W Z ~ ~ <X: Z OJ w Q ~ z c:: <X: ~ ~ . . W . . U 0 d: en z w a.. 0 u . . :: . " r .. '. 1.11 U ! U1 W't ll!w "n. JO N ~ I I- ~ :% -:J s; ) . ,/ / / /F5 ATTACHMENT B ESTIMATED ANNUAL COST FY 1993-1994 OPEN SPACE DISTRICT 23 OTAY RIO BUSINESS PARK ITEM Contract Services $ 7,950 Utilities 4,480 Materials 520 Landscape Supplies 220 City Staff Services 2,680 Backflow Certif 160 Trash Collection 250 TafAL BUDGET $16,260 WPC 60B4E.WPF / J- /, ATTACHMENT C OPEN SPACE MAINTENANCE DISJ'RJCT NO. 23 mAY RIO BUSINESS PARK AlLOCATION OF cosr IT 1993-94 ANNUAL NUMBER APN AREA (ACRES) UNrrS ASSESSMENT' 1 645-021-01 1.24 1.24 360.00 2 1>41>-021-02 2.80 2.80 814.00 3 645-021-03 4.56 4.56 1.325.00 4 645-021-04 0.87 0.87 253.00 5 645-021-05 0.83 0.83 241.00 b 1>41>-021-Ub U.li"/ U.li7 253.00 7 645-021-07 0.93 0.93 270.00 8 645-021-08 1.13 1.13 328.00 9 645-021-09 1.21 1.21 352.00 IU 645-021-10 0.98 0.98 284.00 11 645-021-11 0.93 0.93 270.00 12 645-022-01 2.17 2.17 630.00 13 645-022-02 2.08 2.08 604.00 14 641>-022-03 2.00 2.00 581.00 15 645-022-04 2.05 2.05 596.00 16 645-022-05 2.19 2.19 636.00 17 645-022-06 1.69 1.69 491.00 1li 64:>-022-0"/ 1.39 1.39 403.00 19 645-021-19 0.81 0.81 235.00 20 645-021-20 0.74 0.74 215.00 21 645-021-21 0.84 0.84 244.00 22 645-021-22 1.09 1.09 316.00 23 645-021-23 0.95 0.95 275.00 24 645-021-24 0.83 0.83 240.00 25 645-021-25 0.83 0.83 240.00 26 645-021-26 0.7!J 0.79 229.00 27 645-021-27 0.79 0.79 229.00 28 645-021-28 1.03 1.03 300.00 29 645-021-29 0.81 0.81 235.00 3U 645-021-30 0.76 0.76 221.00 31 645-021-31 0.76 0.76 221.00 32 645-021-32 4.06 4.06 1,179.00 33 645-021-33 1.18 1.18 343.00 34 645-021-34 1.07 1.07 311.00 35 645-021-35 0.99 0.99 287.00 36 645-021-36 1.14 1.14 331.00 37 645-021-37 1.02 1.02 297.00 38 645-U21-38 1.00 1.00 291.00 39 645-021-39 0.98 0.98 285.00 40 645-021-40 0.99 0.99 288.00 41 645-021-41 1.06 1.06 308.00 42 1>4:>-u21-42 0.79 0.79 229.00 43 645-021-43 0.76 0.76 220.00 "lulAL 55.99 16.260.00 WPC iOIU.wP, //- 7 /11-8 August 28, 1992 File # OS-024 TO: Property Owner OTA~ RIO BUSINESS PARK HOMES, OPEN SPACE DISTRICT NO. 23 On September 15, 1992 at 6:00 pm, the City Council will conduct a public hearing to consider formation of Open Space District No. 23 (Otay Rio Business Park) to provide for the perpetual maintenance of the open space lots and medians within your subdivision. The purpose of this meeting is to take public testimony regarding the formation of the district and the annual assessment. It is proposed that an annual assessment of $ 0.00 per single family home be assessed to provide the maintenance during Fiscal Year 1992/93. However, it is anticipated that the assessment for Fiscal Year 1993-1994 will be approximately $300/acre. This payment will be collected in two installments on your property tax bill. Please note that if you wish to challenge any actions on the formation of the district in court, you may be limited to only those issues ra"ised at the public hearing. ( The city Council meets in council Chambers at 276 Fourth Avenue in the Public Services Building which is located at the northwest corner of Fourth Avenue and "F" Street. Should you require additional information, please call me at 691-5266. ~=-~ck\( DONNA SNIDER CIVIL ENGINEER DDS:nm (DDS2\OTR-OS24.LTR) /)-8' RESOLUTION NO. I~!({I() RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NO. 23, OTAY RIO BUSINESS PARK, AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 1992-93 WHEREAS, the developer of Otay Rio Business Park Subdivision, Chula vista Tract 87-6, has petitioned for the formation of an open space district in accordance with the criteria contained in Chapter 17.07 of the Chu1a vista Municipal Code, incorporating in substantial part the Lighting and Landscaping Act of 1972 (commencing at section 22500 of the Streets and Highways Code); and WHEREAS, pursuant to the provisions of Streets and Highways Code section 22585, the City Council adopted a resolution proposing to form the assessment district as to all property with the boundaries shown on Exhibit A, on August 18, 1992, which resolution described the improvements required to be financed by the district and ordered the preparation of an Engineer's Report; and WHEREAS, on August 18, 1992, by Resolution No. 16759, the city Council approved the Engineer's Report on the proposed Open Space District No. 23, Otay Rio Business Park, and declared its intention to order the formation of the assessment district at a public hearing to be conducted on September 15, 1992, in accordance with the provisions of section 22587 of said Act; and WHEREAS, the City Clerk has given notice of said public hearing by causing the resolution of intention to be published, posted and mailed as provided in section 22556; and WHEREAS, on September 15,. 1992, the city Council conducted a public hearing and afforded all interested persons the opportunity to hear and be heard, and considered all oral statements and written protests or communications made thereat or filed by any interested person and received any and all protests regarding the formation of the district and the levy of the proposed assessment; and WHEREAS, at said public hearing the City Council overruled any protests and ordered the improvements to be made and the formation of Open Space Maintenance District No. 23 and confirmed the diagram of the District. NOW, THEREFORE, BE IT RESOLVED that the City Council of 1 /)'<{ the city of Chula vista does hereby order, determine and resolve as follows: section 1. The city council does hereby confirm the assessment for said district in the amount of $0 per acre for the full 1992/93 fiscal year. John P. Lippitt, Director of Public Works Presented by F:\home\attomey\OSD23 2 li"Ie?