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HomeMy WebLinkAboutReso 2000-202 RESOLUTION NO. 2000-202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS iNTENTION TO AUTHORIZE THE FUTURE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) WHEREAS, the City Council, at this time desires to authorize the future annexation of territory to a Community Facilities District pursuant to the terms Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code of the State of Califomia (the "Act"), and specifically Article 3.5 thereof, and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of Califomia (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (the "District"); and WHEREAS, it is determined to be within the public interest and convenience to establish a procedure to authorize and provide for the future annexation of territory to the District and further to specify the amount of special taxes that would be levied and set forth the terms and conditions for certification of any annexation in the future; and WHEREAS, the area proposed to be annexed in the future shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (FUTURE ANNEXATION AREA) (the "Fmure Annexation Area"), and a map showing the Future Annexation Area has been submitted to and approved by this City Council and a copy of said map has been ordered to be kept on file with the transcript of these proceedings. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. The above recitals are all tree and correct. AUTHORIZATION SECTION 2. These proceedings for future annexations are authorized and initiated by this legislative body pursuant to the authorization of the Community Facilities District Law in general and Section 53339.2 of the Govemment Code of the State of California in particular. PUBLIC CONVENIENCE AND NECESSITY SECTION 3. This legislative body hereby determines that the public convenience and necessity requires the establishment of a procedure to authorize and provide for territory to be annexed in the future to the District in order to pay the costs and expenses for the required and authorized services. Resolution 2000-202 Page 2 BOUNDARIES SECTION 4. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as previously included within the original District, as said property was shown on a map as approved by this legislative body designated by the name of the original District, a copy of which is on file in the Office of the City Clerk, as well as the County Recorder. A description of the boundaries and territory of the Future Annexation Area is as follows: All that property and territory in the Future Annexation Area, as said property is shown on a map as previously approved by this legislative body, said map identified by the name of the District and further designated as Future Annexation Area, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. Completion of the future annexation proceedings and of the annexation of any parcel within the Future Annexation Area to the District may occur only with the unanimous consent of the owner or owners of such parcel given at the time of such annexation.. NAME OF DISTRICT SECTION 5. The name of the District is COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST), and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE - VILLAGE ONE WEST) (FUTURE ANNEXATION AREA). SERVICES AUTHORIZED TO BE FiNANCED BY THE DISTRICT SECTION 6. The services that are authorized to be financed by the District are certain services which are in addition to those provided in or required for the territory within the District and will not be replacing services already available A general description of the services to be financed by the District is as follows: The maintenance and servicing of the following types of public facilities serving the properties within the District: parks, parkway landscaping and medians, drainage facilities, pedestrian bridges and open space slopes, trails and walls. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the maintenance and servicing such public facilities. Resolution 2000-202 Page 3 The same types of services which are authorized to be financed by the District are the types of services to be provided in the Future Annexation Area. If and to the extent possible such services shall be provided in common within the District and the Future Annexation Area. SPECIAL TAXES SECTION 7. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, will be levied annually within the boundaries of such Future Annexation Area. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Attachment "A" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Future Annexation Area to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Future Annexation Area for services to be supplied within the Future Annexation Area shall be equal to the special tax levied to pay for the same services in the District, except that a higher or lower special tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the services in the Future Annexation Area is higher or lower than the cost of providing those services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer. The maximum special tax rate in the District shall not be increased as a result of the annexation of the Future Annexation Area to the District. EFFECTIVE DATE OF ANNEXATION SECTION 8. Annexation to the District of any parcel within the Future Annexation Area shall be effective upon the unanimous approval of the owner or owners of such parcel at the time the parcel is annexed, and no fnrther public hearings or additional proceedings will be required to authorize such annexation. PUBLIC HEARING tt r Resolution 2000-202 Page 4 SECTION 9. NOTICE IS GIVEN THAT ON THE 1 st DAY OF AUGUST, 2000, AT THE HOUR OF 4:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF CERTAIN TERRITORY 1N THE FUTURE TO THE DISTRICT, THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE FUTURE ANNEXATION AREA AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE FUTURE ANNEXATION AREA OR THE LEVYING OF SPECIAL TAXES WITHIN THE FUTURE ANNEXATION AREA WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE FUTURE ANNEXATION AREA, THE LEVY OF SPECIAL TAXES WITHIN THE FUTURE ANNEXATION AREA OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE .IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS --,, TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST If(a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Future Annexation Area, (c) owners of one-half or more of the area of land in the territory included in the District, or (d) owners of one-half or more of the area of land in the territory included in the Future Annexation Area, file written protests against the proposed annexation of the Future Annexation Area to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. NOTICE SECTION 10. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Govemment Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. Resolution 2000-202 Page 5 Prepared by Approved as to form by PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of June, 2000, by the following vote: AYES: Councilmembers: Davis, Padilia, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Moot and Horton re TdingC ,un il em ATTEST: Susan. Bigelow, City Cl~r~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2000-202 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20t~ day of June, 2000. Executed this 20tn day of June, 2000. Susan Bigelow, City Clerk RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 99-2 (VILLAGE ONE WEST) ANNUAL SPECIAL TAX A Special Tax shall be levied annually on land within Community Facilities District No. 99-2 (Open Space Maintenance District) of the City of Chula Vista (the "District"), and collected according to the Special Tax Liability determined by the City of Chula Vista (the "City') through the application ofthe following procedures. All ofthe property within the District, unless otherwise exempted by law or the express provisions of the rate and method of apportionment expressed below, shall be taxed to the extent and in the manner provided below. All Special Taxes applicable to Parcels shall be collected in the same manner and at the same time as ordinary ad valorem property tax~s, and the Special Taxes so levied will be subject to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorem taxes. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the area of a Parcel as shown on the latest maps of the Assessor of the County of San Diego, or, if the area of such Parcel is not shown on such Assessor's maps, the area as shown on a current recorded subdivision map, parcel map, record of survey or other recorded document creating or describing the Parcel. If the preceding maps are not available, the area shall be determined by the City Engineer. "Administrative Expenses" means the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the Special Taxes) including the fees and expenses of its counsel. Any fees of the County related to the District or the collection of Special Taxes, an allocable share of the salaries of City staff directly related thereto, any amounts paid by the City from its general fund with respect to the District, and expenses incurred by the City in undertaking actions to foreclose on properties for which the payment of Special Taxes is delinquent, and all other costs and expenses of the City related to the District. "Building Square Foot or Square Footage" means the square footage as shown on the Parcel's building permit(s), excluding garages or other structures not used as living space. "City" means the City of Chula Vista. "Developed Parcel" means Taxable Property for which a foundation building permit or other form of building permit has been issued as of March 1 of the preceding Fiscal Year. "District" means the Open Space Maintenance District-SPA One (Village One West) of the Community Facilities District No. 99-2 of the City of Chula Vista. "Facilities" means those improvements defined in Part II of the Special Tax Report dated June 6, 2000 for Community Facilities District No. 99-2 of the City of Chula Vista. "Fiscal Year" means the period staging on July 1 and ending the following June 30. "Future Annexation" means all of the specific Parcels that are subject to a one-time annexation into CFD No.99-2 as ~epicted in Exhibit A and identified as Parcels 1,2 & 3. In the event such Future Annexation occurs, any such Parcels that are annexed will be subject to the Maximum Special Tax as described in this Rate and Method of Apportionment of Special Tax. The Future Annexation Parcels may be annexed separately over time. "Maximum Special Tax" means the maximum special tax that can be levied within CFD No. 99-2 by the City Council in any Fiscal Year for each Parcel of Taxable Property. "Operating Fund" means a fund that shall be maintained by the District for any Fiscal Year to pay for the actual costs of maintenance, repair, and replacement of the Facilities, and the Administrative Expenses. "Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for any Fiscal Year an amount equal to the budgeted costs of the maintenance, repair and replacement of the Facilities which have been accepted and maintained by the District or are reasonably expected to be accepted and maintained by the District during the current Fiscal Year plus the budgeted Administrative Expenses of the District for the current Fiscal Year in which Special Taxes are levied. "Parcel" means any San Diego County Assessor's Parcel or portion thereof that is within the boundaries of the District designated on a map of the San Diego County Assessor and which has been assigned a discrete identifying number on the equalized tax rolls of the County. -2- "Reserve Fund" means a fund that shall be maintained to provide necessary cash flow for operations and maintenance for the first six months of each Fiscal Year, working capital to cover maintenance and repair cost overruns and delinquencies that may arise in connection with the collection of Special Taxes and a reasonable buffer against large variations in annual Special Tax amounts. "Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fiscal Year. "Reserve Fund Requirement" means the required balance in the Reserve Fund equal to up to 100% of the Operating Fund Requirement. "Residential Uses" shall include those residential uses as permitted in the City zoning ordinance. "Special Tax" means the special tax or special taxes actually levied within CFD No. 99-2. "Special Tax Liability" for any Fiscal Year is an amount determined sufficient to pay the costs of the District, including: (i) the amount required to be deposited into the Operating Fund to meet the Operating Fund Requirement, less the Operating Fund Balance, and (ii) the total amount required to be deposited into the Reserve Fund if any, to meet the Reserve Fund Requirement, less the Reserve Fund Balance. "Taxable Property" is all real property or Parcels within the boundaries of the District which are not exempt from the Special Tax pursuant to law, or which are not classified or assigned to the Exempt Category as defined herein. B. CATEGORIES OF SPECIAL TAXES Residential Category: The residential category includes each Developed Parcel within the District which is zoned for Residential Uses by the City ("Residential Category"). · The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Developed Parcel assigned to the Residential Category shall be $.4259 per Building Square Foot, if the annexation of Future Annexation (Parcels 1 & 2) has not occurred or $.4139 per Building Square Foot if the annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". Said Maximum Special Tax rates shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth -3- Quarter Per Capita Personal Income as contained in the Governor's budget published every January. Exempt Category The exempt category includes each property owned by, conveyed or irrevocably offered for dedication to a public agency, land which is in the public right-of-way, unmanned utility easements which make utilization for other than the purpose set forth in the easement impractical, common areas, private streets and parks, and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the District not subject to a Special Tax under any other category described above ("Vacant Land Category"). The Maximum Special Tax which may be levied on each Parcel within the Vacant Land Category for Fiscal Year 2000/2001 Shall be the rates set forth below (said amount to be levied pro rata for any portion of an Acre). Said Maximum Special Tax shall be increased or decreased each Fiscal Year thereafter by a factor which shall be the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (All Items) or the annual percentage change in the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. · The Maximum Special Tax that may be levied for Fiscal Year 2000/2001 on each Parcel Assigned to the Vacant Land Category shall be $5,262.00 per Acre, if the Future Annexation (Parcels 1 & 2) has not occurred or $5,089.00 per Acre if annexation of Future Annexation (Parcels 1 & 2) has occurred, as provided for in the "Assignment to Categories of Special Taxes". C. ASSIGNMENT TO CATEGORIES OF SPECIAL TAXES On or about July 1 of each year (but in any event in sufficient time to include the levy of the Special Taxes on the County' s secured tax roll) the City shall assign each Parcel within the District including Parcels subject to Future Annexation if the Future Annexation has occurred by such date to the Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall be determined based upon the records of the San Diego County Assessor. D. LEVY AND APPORTIONMENT OF SPECIAL TAXES The City shall determine the Special Tax Liability in each Fiscal Year on or about every July 1 (but in any event in sufficient time to include the levy of the Special Taxes on the County's secured tax roll). Special Taxes shall then be levied on each -4- Parcel assigned to the Residential Category, and Vacant Land Category in the following order of priority: Step 1:Determine the maximum revenue which could be generated by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category by the Maximum Special Tax per Building Square Foot. Step 2: fithe total Special Tax revenue as calculated in Step 1 is greater than the Special Tax Liability, reduce the Special Tax for each Parcel proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year. Step 3:If the total Special Tax revenue as calculated in Step 1 is less than the Special Tax Liability, a Special Tax shall be levied upon each Parcel assigned to the Vacant land Category. The Special Tax for the Vacant Land Category shall be calculated as the lessor of: (i) The Special Tax Liability; less the total of funds generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category". OR, (ii) the Maximum Special Tax rate for Parcels within the Vacant Land Category, However, in the event it is determined that the Special Tax Liability includes delinquent Special Taxes from Parcels in the Vacant Land Category from the prior Fiscal Year, the City shall determine the amount of such delinquent Special Taxes that arose from such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that arose from each owner shall first be divided by the total Acres owned by such owner(s), and collected from the respective owner with the remaining portion of the Special Tax Liability not related to delinquent Special Taxes to be collected from Parcels in the Vacant Land Category according to the procedure set forth in the preceding paragraph.