HomeMy WebLinkAboutReso 2000-273 RESOLUTION NO. 2000-273
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT),
AUTHORIZiNG THE ANNEXATION OF TERRITORY IN THE
FUTURE TO SUCH COMMUNITY FACILITIES DISTRICT AND
IMPROVEMENT AREA "A" THEREIN
WHEREAS, the City Council has declared its intention, conducted proceedings and held a
public hearing relating to the authorization to annex territory in the future to a community facilities
district and an improvement area 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 California, and specifically Article 3.5 thereof. The Community Facilities
District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) (the "District") and the improvement area is designated as
IMPROVEMENT AREA "A" ("Improvement Area 'A"'); and
WHEREAS, it has now been determined to be within the best public interest and
convenience to establish a procedure to allow and provide for future annexations to the District and
further to specify the amount of special taxes that would be levied in any territory subject to future
annexation, as well as setting forth the terms and conditions for certification of any annexation in
the future; and
WHEREAS, the territory 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 territory in the Future Annexation Area has been submitted and previously
approved and a copy of said map is and shall be kept on file with the transcript of these proceedings;
and
WHEREAS, it has now been further determined that written protests have not been received
representing a majority protest against the future annexation proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
ANNEXATION AUTHORITY
SECTION2. This legislative body does hereby authorize the annexation ofthe Future Annexation
Area in the future pursuant to the provisions and authorization of Section 53339.7 of the Government
Code of the State of California.
PUBLIC CONVENIENCE AND NECESSITY
SECTION 3. This legislative body hereby determines that the public convenience and necessity
requires a procedure to allow and authorize the Future Annexation Area to be annexed in the future
Resolution 2000-273 ~-~
Page 2
to the District and Improvement Area "A" therein in order to pay the costs and expenses for the
required and authorized public services.
BOUNDARIES
SECTION 4. A description of the boundaries and territory proposed to be annexed in the future is
as follows:
All that property and territory within the Future Annexation Area proposed to be annexed
in the future to the District and Improvement Area "A" therein, 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" and further designated as the Future Annexation
Area, a copy of which is on file in the office of the City Clerk and shall remain open for
public inspection.
NAME OF DISTRICT AND IMPROVEMENT AREA
SECTION 5. The name of the District and Improvement Area are COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) and IMPROVEMENT AREA
"A" respectively, and the designation for the Future Annexation Area shall be COMMUNITY
FACILITIES DISTRICT NO 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT
AREA "A" (FUTURE ANNEXATION AREA).
SERVICES
SECTION 6. The services that are authorized to be financed by Improvement Area "A" of the
District are certain services which are in addition to those services provided in or required for the
territory within the Improvement Area "A" and will not be replacing services already available. A
general description of the services authorized to be financed by the Improvement Area "A" 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 menaged by the federal and/or state government as open space, habitat
maintenance and/or for any other purpose.
The District is authorized to finance all direct, administrative and incidental annual costs and
expenses necessary to provide the maintenance and servicing for such public facilities.
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 Future Annexation Area. If and to the extent possible such services shall
be provided in common with the District and the Future Annexation Area.
Resolution 2000-273
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No additional services will be necessary or provided in the Future Annexation Area and the
services as described for Improvement Area "A" will serve the properties within the Future
Annexation Area.
SPECIAL TAXES
SECTION 7. It is the intention of this legislative body that, except where funds are otherwise
available, a special tax sufficient to pay for said services to be provided in Improvement Area "A"
and the Future .3amexation Area, 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 the
Future bamexation Area from and after the annexation of such property to the District and
Improvement Area "A" therein. The special taxes shall be those as originally authorized through
the formation of the District and Improvement Area "A" therein and adopted by Ordinance of this
legislative body, and no changes or modifications are proposed in the special taxes from those as
originally set forth and made applicable to the District and Improvement Area "A" therein.
For particulars as to the rate and method of apportionment of the proposed special tax (the
"Special Tax Formula"), reference is made to the attached and incorporated Exhibit "A', which sets
forth in sufficient detail the method of apportionment to allow each landowner or resident within the
Future Annexation Area to clearly estimate the maximum annual amount that said person will have
to pay on said special tax.
The special taxes, 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; provided, however, the District may utilize a
direct billing procedure for any special taxes that cannot be collected on the County tax roll or may,
by resolution, elect to collect the special taxes at a different time or in a different manner if necessary
to meet its financial obligations.
ANNEXATION EFFECTIVE DATE
SECTION 8. Annexation of property in the future shall be effective only with the unanimous
approval of the owner or owners of each parcel or parcels at the time that any parcel is proposed for
annexation. Upon receipt of the written consent, no further public hearings or additional election
proceedings will be required.
VALIDITY OF PROCEEDINGS
SECTION9. Itisherebyfurtherdeterminedbythislegislativebodythatallannexationproceedings
hereto were valid and in conformity with the requirements of law, and specifically the provisions of
the "Mello-Roos Community Facilities Act of 1982."
NOTICE
SECTION 10. Immediately uponthe receipt ofapropertyownerconsentandthecertificationofthe
annexation proceedings and approval of such annexation by the City Council, a notice of the
Resolution 2000-273 --...,
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annexation shall be recorded in the Office of the County Recorder as required by Section 53339.8
of the Government Code of the State of Califomia.
Prepared by Approved as to form by
J. P. Lippitt Jo aheny
orks Director ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of August, 2000, by the following vote:
AYES: Councilmembers: Davis, Padilia, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Moot
Shirley Hortor~,/ Mayor
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. 2000-273 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 1st day of August, 2000.
Executed this 1st day of August, 2000.
Susan Bigelow, City Clerk
R2000-273
REVISED
EXHIBIT "A"
CFD 97-10tay Ranch Open Space Maintenance I
Category FY1999-00 FY2000-01 FY1999-00 FY00-01 Estimated
Maximum , Maximum Actual Actual Revenue
Area A $0.0874/SF $0.0897/SF $0.0874/SF $.0897/SF $257,712
Residential
Area A Non- $1184/Acre $1214.23/A N/A $1241.23/A 0
Residential
Area A Vacant $1340/Acre $1373.57/A $210/Acre $487.78/A $244,653
Area B $0.2048/SF $0.2100/SF $0.2048/SF $.2100/SF $351,760
Residential
Area B Non- $2629/Acre $2696.15/A N/A $2696.15/A 0
Residential
Area B Vacant $2973/Acre $3048.84/A $218/Acre $701.35/A $88,396
CFD 97-20tay Ranch Preserve
Category FY 1999-00 FY 2000-01 FY 1999-00 FY 00- Estimated
Maximum Maximum Actual 01 Revenue
Actual
Monitoring: $0.0051/SF $0.0052/SF $0.0051/SF $0.0027/ Area A:
Residential SF $7688
Non- $83.87/Acre $86.89/Acre N/A $0/ $0
Residential Acre
Final Map $83.87/Acre $86.89/Acre Area A: $83.87/ $0 $0
Acre
Vacant $53.05/Acre $54.40/Acre See Combined Area B: Area B:
$11.21/ $23,184
A
Q & M: $0.0081/SF $0.0083/SF $0.0081/SF $0.0042/ Area A:
Residential SF $12,271
CFD 97-20tay Ranch Preserve
Non- $133.16/Acre $137.95/Acre N/A 0 $0
Residential
Final Map $133.16/Acre $137.95/Acre Area A: 0 $0
$133.16/Acre
Vacant $84.23/Acre $86.37/Acre See Combined 0 $0
Combined $137.28/Acre $140.77/Acre A:$102.17/Acre See See
Vacant B:$58.76/Acre Moni- Monitor-
toring ing
CFD 97-30tay Ranch McMi!lin Bond Issue
Category Maximum FY 1999-00 FY00-01 Estimated
Actual Actual Revenue
Residential $0.392/SF $0.392/SF $0.3920/ $469,927
SF
Commercial $4000/Acre N/A $4000/ 0
Acre
Community Purpose $1000/Acre N/A $1000/ 0
Facility Acre
Undeveloped $7954/Acre $888.39/Acre (Note 1) $228,104
(Unrestricted) $5013.62/
Acre
Undeveloped $7954/Acre $888.39/Acre (Notel) $83,766
(Restricted) $1986.39/
Acre
Property Owner $7954/Acre N/A SO/Acre 0
Association Land
Note 1: For the 2000-01 Fiscal Year, a credit from interest earnings in the Escrow Fund
has been identified. Per the Bond Indenture, this credit in the amount of $127,658.25 will
be spread to the "Restricted Parcels". Restricted Parcels were identified in the bond
documents as Planning Areas R-12, R-40, R-41, and R-42.
T' I · Ir"
R2000-273
CFD 98-10tay Project Interim Open Space Maintenance District
Category FY 1999-00 FY 2000-01 FY 1999- FY00-01 Estimated
Maximum Maximum 00 Actual Actual Revenue
Taxable Land $106.71/Acre $109.42/Acre $15.56 $43.38 $57,502
CFD 98-3 Open Space Maintenance District No. 35 - Sunbow II I
Category FY 1999-00 FY 2000-01 FY 1999- FY00-01 Estimated
Maximum Maximum 00 Actual Actual Revenue
Residential $360.38/EDU $369.54/ $360.38 $369.54 $357,602
EDU
Industrial $2809.06/Acre $2880/Acre N/A $2880/A 0
Commercial $3144.78/Acre $3225/Acre N/A $3225/A 0
Undeveloped $2153.37/Acre $2208/Acre $195.78/ $0/ 0
Acre Acre
Undeveloped- $521.63/Acre N/A $521.63/ N/A 0
Extraordinary Acre
Special Tax
Note that a single family dwelling is equivalent to one EDU. Costs are spread to multiple family
units on the basis of 0.8 EDUs per unit for street medians and parkways and 1.0 EDUs per unit
for all other facilities in the CFD.
CFD 99-10tay Ranch SPA One Bond Issue
Category Maximum FY2000-01 Estimated Revenue
Actual
ZONE A
Residential $0.28/SF $0.28/SF $175,952
Commercial $1600/Acre $1600/Acre 0
Community Purpose $400/Acre $400/Acre 0
Facility
ZONE B
Residential $400 + $.29/SF $400 + $42,163
$0.29/SF
Commercial $3717/Acre $3717/Acre 0
I T I '! · 'I [
CFD 99-10tay Ranch SPA One Bond Issue
Community Purpose $929/Acre $929/Acre 0
Facility
ZONE C
Residential $400 + $.44/SF $400 + 0
$0.44/SF
Commercial $4266/Acre $4266/Acre 0
Community Purpose $1066/Acre $1066/Acre 0
Facility
COMBINED
Undeveloped $8864/Acre $2916.97/Acre $1,816,275.84
Property Owner $8864/Acre SO/Acre 0
Association
The square footage of residential floor area is used to determine the charge for all developed
residential properties. For all other categories, the parcel gross acreage is used.
CFD 2000-1 Sunbow II Villages 5 through 11
Category Maximum FY2000-01 Estimated Revenue
Actual
Residential $. 44/SF $. 44/SF 0
Undeveloped $7851/Acre $3263.61/Acre $611,214
Property Owner $7851/Acre SO/Acre 0
Association
Because the bonds have not yet been priced for CFD 2000-1, it cannot be said with certa'mty how
much revenue will need to be obtained for undeveloped property, and hence, what the actual rate
for FY 2000-01 should be. Passage of the resolution on this district will allow for minor
adjustment of this rate based on the actual bond pricing.
The special taxes which will be applicable to typical single family dwelling units are shown in
Attachment F for Otay Ranch Village 1 and 5, Otay Ranch McMillin and Sunbow It. Special
taxes and assessments other than the seven Community Facilities Districts discussed herein are
not included.
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