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HomeMy WebLinkAboutReso 1976-8337 RESOLUTION N0.8337 RESOLUTION OF THE CITY COUNCIL OF THE CITY nF CHULA 'VISTA. DECLARITIG THE INTENTION TO ESTABhISH C~'_ULA VISTA OPEN SPACE DISTRICT NO. 7, A,ND SETTING THE TIME AND PLACE FOR HEARING THEREON The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore directed the Director of Public Works to proceed with the necessary studies, follow- ing the submission of their preliminary report on September 3, 1976, to establish an open space maintenance district in the Zenith #2, 3 and 4 Subdivisions area, and WHEREAS, such studies have been completed and are ready to be submitted to the City Council at a public hearing to determine the desirability of establishing the Chula Vista Open Space District No. 7. NOW, THEREFORE, BE IT RESOLVED that the City Council of_ the City of Chula Vista proposes and intends to establish an open space maintenance district to pay costs of maintaining slopes along major and collector roads, including the maintenance of_ all trees, shrubs, plants, etc., planted or placed within said 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 rdo. 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. Section 1 DESCRIP"'IOTd OF J"fA.ITdTETdANCE following: The proposed maintenance consists in general of the (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 Tdote: Landscaping and irrigation system. shall be maintained anc~uaranteed by the subdivider for a period of one year after acceptance by the City Landscape Architect. Section 2 DESCRIPTION OF 1'4AITdTErdATICE DISTRICT The maintenance district is that as described in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. - 1 - Section 3 ASSESSPZENT 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 $1,333.25. No assessment will be levied pursuant to the Chula Vista Open Space District Procedural Ordinance of 1972 to pay the costs of acquisition and development. The initial assessment for Chula Vista Open Space District No. 7 will be $12.82 per unit per annum for the maintenance of slopes and natural open space within .the subdivision boundary for Zenith #2, 3 and 4 Subdivisions. 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 TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN that Tuesday, October 12, 1976, 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. 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- in g . 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 Approved as to form by .~ , ~fl., _ -- - ~/ _/~i-r,, ~- ~ <~.~ - "-c~ L%t.~'' Fn~iilliam J. bens, Dir ctor of George. Lindberg, City Atto- y Public Works - 2 - ~` '~ Legal Description Open Space District No. 7 A portion of Quarter Section 90 of Rancho de la Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County Recorder of San Diego County on May 11, 1869 and more particularly described as follows: All of Zenith II Subdivision per Map thereof No. 8331 filed on July 6, 1976 in the office of said County Recorder and Parcels 1, 2, and 4 of Parcel Map No. 2886 filed on July 29, 1974 in the office of said County Recorder. ADOPTED AT1D APPROVED BY THE CITY COUNCIL OF TLIE CITY OF CHULA VISTA, CALIFORNIA this 28th daJ~ of September --- _, 1976 by the following vote, to-wit: AYES : Counei Zmen Cox. Hamilton. Egdahl . Hobe) . Hvde NAYES : Counci Zme n None ABSENT : C"ounci Zmen None f ~ ~ ~ ,~"' t f, Mayor of the City of Chula Vista ~'~' ATTEST ~ ~~~~~ ~~ ~ ~ ~' City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN LIEGO ) ss. CITY OF CHUL,A VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CF,RTIFY that the above and foregoing is a full, true and correct copy o f Resolution No. 8337 a.nd that the same has not been amended or repealed. DATED September 28, 1976 ~~ ity Clerk ~- , (SEAL) CC-GGO