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HomeMy WebLinkAboutReso 2000-393 RESOLUTION NO. 2000-393 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES ONE AND FIVE]), IMPROVEMENT AREA "A" WHEREAS, the City Council formed a Community Facilities District and established 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. 97-1 (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) (the "District"); and WHEREAS, the City Council desires to initiate proceedings to consider the annexation of certain real property (the "Territory") to the District and Improvement Area "A" thereto; and WHEREAS, a map entitled "Annexation Map No. 1 to Community Facilities District No. 97- 1 (Open Space Maintenance District [Otay Ranch - SPA One, Villages one and five]), Improvement Area "A," City of Chula Vista, County of San Diego, State of Califomia" (the "Annexation Map'') showing the Territory proposed to be annexed to the District 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; and WHEREAS, this City Council now desires to proceed to adopt its Resolution of Intention to annex the Territory to District and Improvement Area "A" thereto, to describe the territory included within Improvement Area "A" of the District and the Territory proposed to be armexed 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 District and Improvement Area "A" thereto. 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. Resolution 2000-393 Page 2 INTENTION TO ANNEX: DESCRIPTION OF TERRITORY AND THE DISTRICT AND IMPROVEMENT AREA "A" THERETO SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and Improvement Area "A" thereto and this City Council declares its intention to annex the Territory to the District and Improvement Area "A" thereto. A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District and Improvement Area "A" thereto, as such property is shown on the Annexation Map as previously approved by this legislative body, 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 and Improvement Area "A" thereto is hereinafter described as follows: All that property and territory as originally included within the District and Improvement Area "A" thereto, as such property was shown on a map of the original District as approved by this City Council and designated by the name of the original District and all property and territory subsequently annexed to the District and Improvement Area "A" thereto as shown on maps of such annexed property and territory. A copy of each such map is on file in the Office of the City Clerk and has also been filed in the Office of the County Recorder. SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4. The services that are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "A" of the District (the "Services") are generally described in Exhibit A attached hereto and incorporated herein by this reference. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The Services authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "A" of the District are the types of services to be provided in the Territory. If and to the extent possible the Services shall be provided in common within Improvement Area "A" of the District and the Territory. SPECIAL TAXES SECTION 5. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for the Services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien Resolution 2000-393 Page 3 against all non-exempt real property in the Tenitory, 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 Exhibit B (the "Special Tax Formula'), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied within Improvement Area "A" of the District to pay for the Services in the District, 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" of 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 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; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within Improvement Area "A" of the District shall not be increased as a result of the annexation of the Territory to the District and Improvement Area "A" thereto. PUBLIC HEARING SECTION 6. NOTICE IS GIVEN THAT ON THE 12th DAY OF DECEMBER, 2000, AT THE HOUR OF SIX O'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 THE DISTRICT AND IMPROVEMENT AREA "A" THERETO, 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. Resolution 2000-393 Page 4 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 7. If(a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Improvement Area "A" of 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 tenitory included in Improvement Area "A" of 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 and Improvement Area "A" thereto 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 issues discussed at the public heating. ELECTION SECTION 8. Upon the conclusion of the public heating, if the legislative body determines to proceed with the annexation of the Territory, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; 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 Territory. NOTICE SECTION 9. Notice of the time and place of the public heating shall be given by the City Clerk by publication in a 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 JonP Lippitt ~ Jo aheny ~) P ic '~orks Director ey Resolution 2000-393 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7m day of November, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton ATTEST: Jo~ eputy Mayor Susan Bigelow, City Cle;~ 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. 2000-393 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7~ day of November, 2000. Executed this 7m day of November, 2000. Susan Bigelow, City Cl~k R2000-393 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEn SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE, VILLAGES I & 5]), IMPROVEMENT AREA "A" DESCRIPTION OF SERVICES The maintenance and servicing of public facilities including irrigation, cultivation, installation and replacement of plant material, tree trimming and necessary supplies, personnel, utility and equipment costs; contract services where applicable; maintenance and servicing of parks, parkway landscaping and medians, drainage facilities, pedestrian bridges and open space slopes, trails and walls. R2000-393 EXHIBIT ]~ RATE AND METHOD OF APPORTIONMENT ANNUAL TAX A Special Tax shall be levied annually on land within Community Fasiiities District No. 97-1 (Open Space Maintenance District) of the City of Chula Vista (the "District"), ancf 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 the property within the District, unless otherwise exempted by law or the express provisions of the rate and method of appa~ionment expressed below, shall be taxed to the extent and in the manner provided below. All Par:e!s within the District are assigned to Special Tax Area A. in addition, certain Parcels are also assigned to Special Tax Area B based upon their location. A map of the Special Tax Areas is included as Exhibit B. The Special Tax which shall be levied upon each Parcel shall be the aggregate sum of the Special Tax for each Special Tax Area within which the Parcel is located. - All SpeciaI Taxes applicable to Parce!s shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, 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, 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 th~ 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. An~ fees of the County. related to the District or the co lect on 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 proper[lee 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 fo.otage as shown on the Parcel's building permit(s), exclu_din,9 g.a..rages or other structures not used aR libAnn ~m~n~ Resolution 19106 Page 6 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 Op~_n Space Maintenance District - SPA-One (Villages 1 of the Community Facilities DistriCt No. 97~1 of the City of Chula Vista. Facilities means those improvements defined in Part II of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City of Chula Vista. Fiscal Year means the ~eriod starting on July 1 and ending the following June 30. Maximum Special Tax means the maximum special tax that can be levied within CFD No..~7-1 by the City Council in any Fiscal Year for each Parcel of Taxable Property. Non-Residential Uses shall include all Developed Parcels which are not zoned for Residential Uses including commercial, industrial, and community public facility (CPF) uses. Operating Fund means a fund that shall be maintained for each Special Tax Area within 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 for each Special Tax Area equal to the budgeted, costs of the maintenance,` rope.jr and replacement of the Facilities Which have been accepted and maintained by the District c~" 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. within the boundaries of the District designated on a map of the San Diego Resolution 19106 Page 7 ' ; ) County Assessor and which ha~ been assigned a discrete identifying number on the equalized tax rolls of the County. Reserve Fund means s fund that shall be maintained for each Special Tax Area 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 pf 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 t=-x or special taxes actually levied within CFD No 9%1. Special Tax Area means one of the two specific areas comprising specific Parcels as shown in Exhibit B of the Special Tax Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City of Chula Vista. Special Tax Liability for any Fiecat Year is an amount determined for each Special Tax Area 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 heroin. Cateoories 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% Resolution 19106 Page 8 · The lvlaximum Special Tax that may be levied within Special Tax Area A far Fiscal Year 1998199 c~n each Developed Parcel assigned to the Residential Category shall be $0.DB44 per Building Square Foot. · The Maximum Special Tax that may be ievi~d within Special Tax Area B for the Fiscal Year 1998/1999 on each Developed Parcel assigned to the Residential Category shall be $0.1977 per Building Square Foot. 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 Quarter Per Capita Personal income as contained in the Governor's budget published every January. Non-Residential Category The non-residential category includes all Developed Parce!s in the District which are not zoned by the City for Residential Uses ("Non-Residential Category"). · The Maximum Special Tax that may be levied within Special Tax Area A for the Fiscal Year 1998199 on each Developed Parcel assigned to the Non- Residential Category shall be $1,143 per Acre (said amount to be levied pro rata for any portion of an Acre). · The Maximum Special Tax that may be levied within Special Tax Area B for the Fiscal Year 1998199 on each Developed Parcel assigned to the Non- Residential Category shall be $2,538 per Acre (said amount to be levied pro rata for any portion of an Acre). 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 dnange 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 2ublished 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, ""' untoarmed utility easements which make utilization for other than the purpose .-- Resolution 19106 Page 9 ' -" set fo~h in the easement impractical, Comm3n areas, private stree:s and parks. and open space lots ("Exempt Category"). Vacant Land Category The vacant land category includes each Parcel of Taxable Property assigned to the Distri~ not subject to a Special Tax under any other category described above ("Vaunt Land Category'). .. The Maximum Special Tax which may be levied on each Parsel within the Vacant Land Category for Fisca! Year 1998!99 shall be the rates set forth in Table I 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 (Aft Items) or the annual percentage change in the estimated Calffc~rnia Fourth Quarter Per Capita Personal Income as contained in the Governor's budget published every January. - TABLE 1 i Vacant Land Category Maximum Special Tax Rate per Acre Maximum Special Tax Area Special Tax Rate Special Tax Area A $1,293/Acre Special Tax Area B S2,870/Acre AssiGnment to Cateaones 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 to the Residential Category, Non-Residential Category, Exempt Category, or Vacant Land Category. Parcels subject to levy shall be determined based upon the Fecords of the San Diego County Assessor. Levy and 'Apportionment of Special Taxes The City shall determine the Special Tax Liability of each Special Tax Area 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 Parcel assigned to the Residential Category, Resolution 19106 Page 10 Non-Residential Category, and Vacant Land Category within sash Special Tax Area in the following order of priority: Step 1: Determine the maximum revenue which could be generated in each Special Tax Area by multiplying the total Building Square Footage of all Developed Parcels assigned to the Residential Category in each Special Tax Area by the Maximum Special Tax per Building Square Foot and adding to that the maxi.mum Special Tax revenue which could be generated by multiplying the total Acreage of all Developed Parcels assigned to the Non-Residential Category in each Spesial Tax Area by the Maximum Special Tax 15or Acre. Step 2: If the total Special Tax revenue as calculated in Step 1 for the Special Tax Area is greW. tel than the Special Tax Liability of such Special Tax Area, reduce the Special Tax for each Parcel proportionate)y so that the Special Tax levy for the Fiscal Year is equal to the Specie] Tax Liability for the Fiscal Year. Step 3: tf the total Special Tax revenue as calculated in Step I is tess than the Special Tax Liability of such Special Tax Area, 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 for each Special Tax Area, less the total of funds generated for all Parcels within that SpeciaI Tax Area under Step 1 above, divided by the total Acres for all Parcels assigned to the "Vacant Land Category" within that Special Tax Area. OR, (ii) the Maximum Special Tax rate for Parcels within that Special Tax Area. However, in the event it is .determined that 'the Special Tax Liability. for Special Tax Area A 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 Resolution 19106 Page 11 the Vacant Land Category according to the procedure se~ forth in the preseding paragraph. Step 4: The total Special Tax for each Parcel shall be the sum of the Spesial Taxes for each Special Tax Area in which a Parcel is located. Resolution 19106 Page 12 :,-.