Chula Vista Municipal Code Ch. 17.07 Open Space Districts

OPEN SPACE DISTRICTS

Sections:

• 17.07.010 Title for citation. 17.07.020 Incorporation of the Landscaping and Lighting Act of 1972. 17.07.030 Reserve operating fund. 17.07.035 Landscaping Act providers. 17.07.040 Change to Streets and Highways Code Section 22525.

The ordinance codified herein, consisting of CVMC 17.07.010 through 17.07.040, may be cited as the “Chula Vista Open Space District Procedural Ordinance.” (Ord. 2468 § 1, 1991; Ord. 2331 § 3, 1989; Ord. 1400 § 1, 1972; prior code § 35.201).

The Landscaping and Lighting Act of 1972, Part 2 of Division 15 (commencing with Section 22500) of the Streets and Highways Code, is incorporated in and made a part of this chapter. Except as otherwise provided in this chapter, all annual assessment procedures for all existing open space districts in the City pursuant to the Chula Vista Open Space District Procedural Ordinance of 1972, as well as all other procedures for the organization, levying and collection of assessments, and financing of new and existing open space districts, shall be in accordance with the provisions of the Landscaping and Lighting Act of 1972, as same may be amended from time to time. (Ord. 2331 § 5, 1989).

Each open space district shall, upon creation, have added to the assessment an amount equivalent to 100 percent of the estimated first year expenses. Each existing open space district shall annually have added to the assessment an amount equivalent to 10 percent of the next year’s estimated operating budget, so that after five years of generation there shall be accumulated a reserve of at least 50 percent of the next year’s estimated operating budget. The amount of the accumulated reserve shall in no event exceed 100 percent of the next year’s estimated operating budget. The engineer’s report and the Council’s action shall not include in the annual levy an amount, for a reserve, in excess of the maximum 100 percent reserve. After the reserve reaches at least 50 percent, but not more than 100 percent, it shall be maintained to provide necessary cash flow for operations for the first six months of each fiscal year and a reasonable buffer against large variations in annual assessments. (Ord. 2468 § 2, 1991; Ord. 2331 § 6, 1989).

A. Distinguish Assessment from Collection Against Assessment. There is, under this assessment district procedure applicable in the City of Chula Vista, a difference between the amount of the assessment imposed against any parcel of property, and the amount which may be collected against that assessment. The purpose of setting the assessment is to give the property owner notice of the maximum costs which may be collected, and for the purpose of permitting a majority protest proceeding on the assessment, but not on the collection. “Assessment,” as used in these proceedings, shall mean the maximum amount collectable in a given year under the procedures allowed by this chapter.

• B. Amount of Assessment.

1. Notwithstanding the costs which may be included in an assessment and Sections 22569 through 22570 of the Streets and Highways Code, the assessment may, but is not required to, be set in the initial year of the district’s existence at an amount which is expected to be equal to the estimated costs of operating the district, plus a reserve for unanticipated expenses in accordance with CVMC 17.07.030. After the initial year of the district’s existence, the assessment shall be the prior year’s assessment increased or decreased by an inflation factor which is the lesser of (1) the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or (2) the change in estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor’s budget published in January.

2. For existing districts the base year upon which the assessment is set is the 1995/96 fiscal year. For districts created after July 1, 1995, the base year assessment shall be the first full year’s assessment. The inflation factor shall be applied first to either the 1996/97 assessments or the second full year for new districts.

C. Collection on Assessment. Notwithstanding Section 22572 of the Streets and Highways Code, the amount which the City may collect on each assessment, by charge on the tax roll, shall be that needed to meet the annual expenses and expenditures of the district, including delinquent collections and the permitted reserve allowed under CVMC 17.07.030, but in no event in an amount greater than the amount of the assessment.

D. Amount Due at Given Dates during Fiscal Year. Until a property owner receives a tax bill properly demonstrating a lower amount due on the assessment than the amount of the assessment, the amount due on the assessment shall be assumed to be the amount set forth in the assessment. After receipt of a tax bill that includes a lower amount due on the assessment for a given fiscal year, the lower amount due on the assessment shall when paid satisfy the assessment obligation for that fiscal year. (Ord. 2631 § 1, 1995).

“Improvement” means one or any combination of the following:

• A. The installation or planting of landscaping.

• B. The installation or construction of statuary, fountains, and other ornamental structures and facilities.

• C. The installation or construction of supplemental public lighting facilities, but not limited to traffic signals.

• D. Native plantings and open space areas, including natural drainage facilities.

• E. The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading; clearing; removal of debris; the installation or construction of curbs, gutters, walls, sidewalks, or paving; or water, irrigation, drainage, or electrical facilities.

• F. The installation of park, recreational, or open space improvements, including, but not limited to, all of the following:

  1. Land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks, and drainage.

  2. Lights, playground equipment, play courts, and public restrooms.

• G. Pavement associated with parking for mixed-use projects within a redevelopment area where private ownership and operation is impractical or infeasible.

• H. The maintenance, servicing, or insurance costs of any of the foregoing.

• I. The acquisition of land for park, recreational, or open space purposes.

• J. The acquisition of any existing improvement otherwise authorized pursuant to this section. (Ord. 2653 § 1, 1995; Ord. 2468 § 3, 1991; Ord. 2331 § 7, 1989).