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HomeMy WebLinkAboutReso 2000-206 RESOLUTION NO. 2000-206 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. 97-2 (PRESERVE MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "A' THERETO WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALFORNIA, ("City Council"), at this time desires to authorize the future annexation of territory to a Community Facilities District and an improvement area therein 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 Government 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 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 Area has been designated at IMPROVEMENT AREA "A" of such District ("Improvement Area A''); 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 Improvement Area A thereto 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. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "A" (FUTURE ANNEXATION AREA) (the "Future 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 true 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 Government Code of the State of Califomia in particular. Resolution 2000-206 "~, Page 2 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 and Improvement Area A thereto in order to pay the costs and expenses for the required and authorized services. BOUNDARIES SECTION 4. A general description of the territory included in the District is hereinafter described as follows: All that property and tenitory 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 Improvement Area A thereto 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 and Improvement Area A thereto 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 AND IMPROVEMENT AREA SECTION 5. The name of the District is COMMLrNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), the name of the improvement area is IMPROVEMENT AREA "A" and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES DISTRICT NO. 97-2, IMPROVEMENT AREA "A" (PRESERVE MAINTENANCE DISTRICT) (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 Resolution 2000-206 Page 3 not be replacing services already available. A general description of the services to be financed by the District is as follows: The monitoring, maintenance, operation and management of pub lic 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 botmdaries 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 government 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 are the types of services to be provided in the Future Annexation Area. If and to the extant 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. Resolution 2000-206 Page 4 The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorera 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 further public hearings or additional proceedings will be required to authorize such annexation. PUBLIC HEARING SECTION9. NOTICEISGIVENTHATONTHElstDAYOFAUGUST, 2000, ATTHEHOUR OF 6:00 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 IN THE FUTURE TO THE DISTRICT AND IMPROVEMENT AREA "A" THERETO, 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. Resolution 2000-206 Page 5 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 offand 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 heating. NOTICE SECTION 10. Notice of the time and place of the public heating 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 heating. Prepared by Approved as to form by Resolution 2000-206 Page 6 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, Padilla, and Salas NAYS: Cotmcilmembers: None ABSENT: Councilmembers: Moot and Horton ATTEST: Susan Bigelow, City Clerk 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. 2000-206 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th 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 Distdct No. 97-2 of the City of Chula Vista City of Chula Vista All of th~ properly within the District, unless othe~ise exempted by law or the express prb~isions of the ate and method of appo~ionment e~ressed below, shall be taxed to the e~ent 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 Parcels be c01'lected in the same manner and at the same time as ordinary ad valorem properly taxes, and Special Taxes so levied will be subjed to the same penalties and procedures, sale and lien priority in case of delinquency as is provided for ad valorera 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 ca~ing 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 e~enses of its counsel, any fees of the County related to the District or the collection of special taxes, an alto~ble share of the salaries of City staff directly related thereto and a propo~ionate 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. M:\$project\chulavis\psrvmain8.doc 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~idential 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 in 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 Part 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 which 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 speciat 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 Baiance. M:~$project\chulavis\psrvmainB.doc 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 C~t~gory 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 II). 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 Per M:\$Droiect\chulavis~DsrvmainS.doc m r Community Facilities District No. 97-2 July 1, 1 998 Page 11 Capita Personal Income as contained in the Govemer's budget published every January. TABLE 2 Maximum Special Tax Category II Resource Operation & Monitoring Maintenance $80.96 per Acre $128.53 per Acre Category III Category Ill includes each Parcel of Taxable Property within the District not subject to a Special Tax under any other category ("Category II1"). The Maximum Special Tax which may be levied for Fiscal Year 1998/99 on Taxable Property within Category Ill 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 annual 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, 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"). AssiQnment 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. M:~project\chulavis~psrvmainB.doc Community Facilities District No. 97-2 July 1, 1998 Page 12 ""' Lew 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 I 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/~, 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 1 and 3 . above, divided by the total Acres for all Parcels within Improvement Area A assigned to Category III, Community Facilities District No. 97-2 July 1, 1998 Page 13 OR (ii) the Maximum Special Tax rate for Parcels assigned to Category III and within Improvement Area A. However, in the event it is determined that the Special Tax Liability for Improvement Area A inc~ludes 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. Improvement 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 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 Step I and Step 2 above. M:~$project\chulavis~psrvmainB.doc APPENDIX A