HomeMy WebLinkAboutReso 2000-204 RESOLUTION NO. 2000-204
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION
TO AUTHORIZE THE ANNEXATION OF TERRITORY TO
IMPROVEMENT AREA "A" OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
WHEREAS, the City Council formed a Community Facilities District and certain
improvement areas therein 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 Government Code of the
State of Califomia (the "Act"), 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 California (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. 97-2
(PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement Areas were
designated as IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of such District
("Improvement Area 'A"' and "Improvement Area 'B'," respectively); and
WHEREAS, the District was formed for the purpose of financing the monitoring,
maintenance, operation and management of public property required to be maintained as open space
or habitat preservation or both; and
- WHEREAS, Improvement Area "A" was established to finance Preserve Operations and
Maintenance plus a pro-rata share of Administrative Expenses of the District as such terms are
defined in the rate and method of apportionment of special taxes (the "Special Tax Formula")
attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, Improvement Area "B" was established to finance a proportionate share of the
Resource Monitoring Program (as defined in the Special Tax Formula) plus a pro rata share of
Administrative Expenses of the District; and
WHEREAS, the properties that were included within Improvement Area "B" were those
properties within the District which are only required to participate in the financing of the Resource
Monitoring Program; and
WHEREAS, the territory proposed to be annexed to Improvement Area "A" shall be known
and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), IMPROVEMENT AREA "A," ANNEXATION NO. 1 (the
"Territory").
WHEREAS, this legislative body is now desires to proceed to adopt its Resolution of
Intention to annex the Territory to Improvement Area "A," to describe the territory included within
Improvement Area "A" and the Territory proposed to be annexed thereto, to specify the services to
be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the
special taxes that would be levied within the Territory to finance such services, and to set a time and
place for a public hearing relating to the annexation of the Territory to the Improvement Area; and,
Resolution 2000-204
Page 2
WHEREAS, a map showing the Territory proposed to be annexed has been submitted, which
map has been previously approved and a copy of the map shall 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 true and correct.
LEGAL AUTHORITY
SECTION 2. These proceedings for annexation are initiated by this City Council pursuant to the
authorization of the Community Facilities District Law.
INTENTION TO ANNEX: DESCRIPTION OF TERRITORY
SECTION 3. This legislative body hereby determines that the public convenience and necessity
requires that the Territory be added to Improvement Area "A" and this City Council declares its
intention to annex the Territory to Improvement Area "A."
A description of the botmdaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to Improvement Area "A,"
as such property is shown on a map as previously approved by this
legislative body, such map designated by the number of the
annexation and the name of the existing District, a copy of which is
on file in the Office of the City Clerk and shall remain open for
public inspection.
A general description of the territory included in the District is hereinafter described as
follows:
All that property and territory as originally included within the
District, as such property was shown on a map of the original District
as approved by this City Cotmoil and designated by the name of the
original District. A copy of such map is on file in the Office of the
City Clerk and have also been filed in the Office of the County
Recorder.
NAME
SECTION 4. The proposed annexation shall be known and designated as COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT
AREA "A," ANNEXATION NO. 1.
SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT
· T
_ Resolution 2000-204
Page 3
SECTION 5. The services that are authorized to be financed by the District from the proceeds of
special taxes levied within Improvement Area "A" are certain services which are in addition to those
provided in or required for the territory within Improvement Area "A" and will not be replacing
services already available. A general description of such services to be financed by the District is
as follows:
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which conforms
to the requirements of the Ordinance or private property within the
Otay Ranch Preserve which is required by the Preserve
Owner/Manager to be maintained as open space or for habitat
maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries of
the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property owned,
maintained, operated and/or managed by the federal and/or state
govemment as open space, habitat maintenance and/or for any other
purpose.
The District shall finance all direct, administrative and incidental annual costs and expenses
necessary to provide the such monitoring, maintenance, operation and management of such public
property.
The same types of services which are authorized to be financed by the District from the
proceeds of special taxes levied within Improvement Area "A" are the types of services to be
provided in the Territory. If and to the extent possible such services shall be provided in common
within the District and the Territory.
SPECIAL TAXES
SECTION 6. 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 Territory, will be levied annually within the boundaries
of such Territory. 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 Territory to clearly estimate the maximtun amount that such person
will have to pay.
The special tax proposed to be levied within the Tenitory shall be equal to the special tax
levied to pay for the same services in Improvement Area "A," except that a higher or lower special
tax may be levied within the Territory to the extent that the actual cost of providing the services in
the Territory is higher or lower than the cost of providing those services in Improvement Area "A."
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.
Resolution 2000-204
Page 4
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 Improvement Area "A" shall not be increased as a result
of the annexation of the Territory to Improvement Area "A."
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON THE 1 st DAY OF AUGUST, 2000, AT THE HOUR
OF 4:00 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 THE TERRITORY TO IMPROVEMENT
AREA "A," THE PROPOSED METHOD AND APPORTIONMENT OF THE SPECIAL TAX TO
BE LEVIED WITHIN THE TERRITORY 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 TERRITORY OR THE LEVYING OF SPECIAL
TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY 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
SECTION 8. 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 Territory, (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 Territory, file written protests against the proposed annexation of the
Territory 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.
ELECTION
_. Resolution 2000-204
Page 5
SECTION 9. Upon the conclusion of the public heating, if the legislative body determines to
proceed with the annexation, a proposition shall be submitted to the qualified electors of the
proposed annexed area. The vote shall be by registered voters within the proposed annexed area;
however, if there are less than 12 registered voters, the vote shall be by landowners, with each
landowner having one vote per acre or portion thereof within the annexed territory.
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 Government Code, with said publication to be completed at least seven (7)
days prior to the date set for the public hearing.
Prepared by Approved as to form by
Resolution 2000-204 '-~.,
Page 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 20th day of June, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilla, and Salas
NAYS: Counci lmembers: None
ABSENT: Councilmembers: Moot and Horton
ATTEST:
Susan Bigelow, City Cler
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) --,...
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2000-204 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 202 day of June, 2000.
Executed this 20th day of June, 2000.
Susan Bigelow, City Clerk
Community Facilities District No. 97-2
July 1, 1998
Page 6
Part IV - Rate and Method of Apportionment of Special Taxes
ANNUAL TAX
A Special Tax shall be levied annually on each Parcel of land within the Preserve
Maintenance District, Community Facilities District No. 97-2 of the City of Chula Vista
(the "Distri.ct"), and collected according to the Special Tax Liability determined by the
City of Chula Vista (the "City") through the application of the following procedures. All
of th~ 15roperty within the District, unless otherwise exempted by law or the express
pr6Visions of the rate and method of apportionment expressed below, shall be taxed to
the extent and in the manner provided below.
All Parcels within the District are included within either Improvement Area A or
Improvement Area B. A map of the Improvement areas is included as Exhibit B.
All Special Taxes applicable to Parcel~ be collected in the same manner and at the
same time as ordinary ad valorem property taxes, and 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.
DEFINITIONS
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 ~'~xes, an
allocable share of the salaries of City staff directly related thereto and a proportionate
amount of the City's general administrative overhead related thereto, any amounts paid
by the City from its general fund with respect to the District, 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 a
Parcel's building permit, excluding garages or other structures not used as living space.
City means the City of Chula Vista.
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Community Facilities District No. 97-2
July 1, 1998
Page 9
Preserve Operations and Maintenance Fund Requirement means for any Fiscal
Year an amount applicable to Improvement Area A equal to the budgeted costs for
Preserve Operations and Maintenance plus a pro-rata share of the budgeted
:.! Administrative Expenses of the District for the current Fiscal Year in which Special
Taxes are levied.
Residential Parcels shall include each Parcel within the District which is zoned for
Residential Uses by the City.
R~sidential Uses shall include those residential uses as permitted in the City zoning
ordinance.
Reserve Fund means a fund that shall be maintained for each Improvement Area to
provide necessary cash flow for the first six months of each Fiscal Year, working capital
to cover monitoring, 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 jn the Reserve Fund at the end of
the preceding Fiscal Year.
Reserve Fund Requirement means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
Resource Monitoring Program means those activities defined in Par~ II B. of the
Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-2 of the
City of Chula Vista.
Resource Monitoring Fund Requirement means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement Area's fair share of the budgeted
costs of the Resource Monitoring Program plus a pro rata share of the budgeted
Administrative Expenses of the District for the current Fiscal Year in whicl3., Special
Taxes are levied. An Improvement Area's "~air share" shall be based upon the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Development Plan Planning Area for which a Resource Monitoring Program funding
mechanism has been established.
Special Tax means the special tax or special taxes actually levied within CFD No. 97-2
each Fiscal Year.
Special Tax Liability for any Fiscal Year is an amount sufficient to pay the costs of an
Improvement Area within the District equal to: (i) the Resource Monitoring Fund
Requirement, and Preserve Operations and Maintenance Fund Requirement, less the
Operating Fund Balance, and (ii) the Reserve Fund Requirement, less the Reserve
Fund Balance.
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Community Facilities District No. 97-2
July 1, 1998
Page 10
Tax Categories are those Categories I, II and III described in the body hereof.
Taxable Property is all real property or Parcels within the boundaries of the District
which are not exempt from the Special Tax pursuant to the law or which are not
classified or assigned to the Exempt Category as defined herein.
Cateclories of Special Taxes
Category I
Category I includes each Developed Parcel within the District. (Category I)
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Developed Parcel
shall be at the rates set forth in Table I below. For Residential Parcels the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential Parcels
shall be levied based on Acreage. The Maximum Special Tax shall be increased or
decreased each Fiscal Year thereafter by a factor which is 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.
TABLE 1
Maximum Special Tax
Category I
Resource Operation &
Monitoring Maintenance
Residential Parcels $0,0049 per sq. ft. $0.0078 per sq. ft.
Non-Residential Parcels $80,96 per Acre $128,53 per Acre
Category II "'
Category II includes each Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel
(Category 11).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 1998/99 on each Parcel in Category II
shall be as shown in Table 2 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 is 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 P~r
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Community Facilities District No. 97-2
July 1, .1998
Page 11
Capita Personal income as contained in the Govemor's budget published every
January.
TABLE 2
Maximum Special Tax
Category II
Resource Operation &
Monitoring Maintenance
$80.96 per Acre $128.53 per Acre
Categoff III
Category Ill includes each Parcel of Taxable Property wi~thin the District not subject to a
Special Tax under any other category ("Category Ill").
The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable
Property within Category III shall be as shown in Table 3 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 is 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 annuat percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as contained in the
Governor's budget published every January.
TABLE 3
Maximum Special Tax
Category III
Resource Operation &
Monitoring Maintenance
$51.21 per Acre $81.30 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way, untoarmed
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").
Assianment to CateQories of SPecial Tax
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 to Category I, Category II, Category III or the Exempt Category.
Parcels subject to levy shall be determined based upon the records of the San Diego
County Assessor.
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Community Facilities District No. 97-2
July 1, 1998
Page 12
Levy and Apportionment of Special Taxes
The City shall determine the Special Tax Liability for each Improvement Area in each
Fiscal Year on or about every July 1. Special Taxes shall then be levied on each
Parcel classified as the Category I, Category II, or Category III in the following order of
priority:'
Improvement Area A
St~l~ 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels
and adding to that the maximum revenue which could be generated by
multiplying the total acres for Parcels classified as Non-Residential Parcels by
the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area A, 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 revenue as calculated in Step I is less than the Special Tax Liability
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
Improvement Area A, classified as Category II. The Special Tax for Parcels
assigned to Category II shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area A, as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II,
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category II
Step 4: If the total revenue as calculated in Step I and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each
Parcel within Improvement Area A classified as Category III. The Special Tax
for Parcels assigned to Category III shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area A aS determined by the
City, less the total revenue generated for all Parcels under Step I and 3
above, divided by the total Acres for all Parcels within Improvement Area A
assigned to Category III,
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Community Facilities District No. 97-2
July 1, 1998
Page 13
OR
(ii) the Maximum Special Tax rate for Parcels assigned to Category Ill and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcels in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
suCh Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
III Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
preceding paragraph.
Iml~rovement Area B
Step 1: Determine the revenue which could be generated by Parcels assigned to
Improvement Area B for Resource Monitoring by multiplying the total Acres for
Parcels assigned to Category II1 by the Maximum Special Tax for Category III.
Step 2: If the total revenue as calculated in Step 1 is greater than the Special Tax
Liability for Improvement Area B, 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 Improvement Area B for the Fiscal Year.
However, in the event it is determined that the Special Tax Liability for Improvement
Area B includes delinquent Special Taxes from Parcels in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total Category
Ill Acres owned by such owner(s) and collected from the applicable owner(s7' with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes to
be collected from all Parcels in Category III according to the procedure set forth in the
Step 1 and Step 2 above.
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APPENDIX A