HomeMy WebLinkAboutReso 2000-398 RESOLUTION NO. 2000-398
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. 98-2 (INTERIM OPEN SPACE
DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES
SIX AND SEVEN])
WHEREAS, the City Council formed a 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 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. 98-2 (INTERIM OPEN SPACE DISTRICT [OTAY
PROJECT, LLC-OVP-SPA ONE, VILLAGES SIX AND SEVEN]) (the "District"); and,
WHEREAS, the City Council desires to initiate proceedings to consider the annexation of
certain real property to the District (the "Tenitory"); and
WHEREAS, a map entitled "Annexation Map No. 1 to Community Facilities District No. 98-
2 (Interim Open Space District [Otay Project, LLC-OVP~SPA One, Villages 6 &7]) City of Chula
Vista, County of San Diego, State of California" (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, to describe the territory included within District 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 District.
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 2000-398
Page 2
INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT
SECTION 3. This legislative body hereby determines that the public convenience and necessity
requires that the Territory be added to the District and this City Council declares its intention to
annex the Territory to the District.
A description of the Territory is as follows:
All that property within the Territory proposed to be annexed to the
District, 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 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 Council 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 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 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 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 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 Conununity 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 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.
Resolution 2000-398
Page 3
The special tax proposed to be levied within the Territory shall be equal to the special tax
levied 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 the original District. Notwithstanding the
foregoing, the special tax may not be levied at a rate which is higher than 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 canoeled 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 the District shall not be
increased as a result of the annexation of the Territory to the District.
PUBLIC HEARING
SECTION 6. NOTICE IS GIVEN THAT ON THE 19th 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, 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.
Resolution 2000-398
Page 4
MAJORITY PROTEST
SECTION 7. 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 tenitory 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 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 hearing, if the legislative body determines to
proceed with the annexation, 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 hearing.
Prepared by Approved as to form by
· ' Jo aheny
- Resolution 2000-398
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, Padilia, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
ATTEST: Jo , ~ty Mayor
- 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. 2000-398 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 7m day of November, 2000.
Executed this 7m day of November, 2000.
Susan Bigelow, City Cle~5~
R2000-398
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 98-2
(INTERIM OPEN SPACE DISTRICT
[OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES 6 &7])
DESCRIPTION OF THE 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.
EXHIBIT B
Community Facility District No. 98-2 Specia! Tax Repo~
July 1, 1998
Page 5
Part IV - Rate and Method of Apportionment of Special Taxes
ANNUAL TAX
A Special Tax shall be levied annually on iand within Community Facilities District Ns.
(interim Open Space Maintenance District) of the City of Chula Vista (the "District"), and
collected acco]-ding to the Special Tax Liability determined by the City of Chula Vista (the
"City') thrF~gh the application of the following procedures. All of the property within the District.
unless othe~ise exempted by law or the express provisions of the rate and method of
appo~dnment expressed below, shah be taxed to the extent and in the manner provided below
A~i Special Taxes applicable to Parcels shall be collected in the same manner and at the same
time as ordina~ ad valorera progeny taxes, and that Special Taxes so levied wiil bs s~bjGct ts
the same penalties and procedures, sale and lien priority in case of deUnquency as is
for ad ValorBm taxes.
DEFINITIONS
Acre or Acreage means the area of a Parcel ss shown on the latest maps of the Assessor
the County of San Diego, or, if the area of such Parcel is not s~own on suc~ Assessor's
the area as shown on a current recorded subdivision map, parcel map, record of survay oF
other recorded document creating or describing the Parcel. If the preceding maps are not
available, the area shah be determined by the City Engineer
Administrative Expenses means the ~irect sn~ ind~rGct sxpsnses ~nc~rrs~ ~y t~G Ci:~
carrying out its duties with respect to the Distr~ct (including b~t nat Hmit~d to, ths 1~'Ty
coilection of the Special Taxes) including the fsss and sxpsnses of ~ts counsel. Any fs~5 ~ ~nG
County related to the District or the collection of Special Tsxss, an allocabls share o~ the
salaries of City staff directly related thereto, any amounts paid by the City from its general
With respect to the District, and expenses incurred by the City in undertaking actions to
foreclose on prope~ies for which the payment of S~ecial Taxes is delinquent, and all other
costs and expenses of the City related to the District.
City means the City of Chula Vista
District means the interim Open Space Maintenance Distr~ct - SPA Two (Villages 6 & 7) of the
Community Facilities District No. 9~-2 of the City of Chuis Vista
Facilities means those improvements defined in Pa~ II o~ the Special Tax R9po~ dated July I,
1998 for Commun~y Facilities District No. 99-2 of ths City of Chula Vista
Fiscal Year means the period sta~ing on July 1 and ending ths foUowing June 30
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Community Facility District No, 98~2 Special Tax Report
July 1, 1998
Page 6
Maximum Special Tax means the maximum special tax that can be levied within CFD No. 98=2
by the City Council in any Fiscal Year for each Parcel of Taxable Property.
Operating Fund means a fund that shall be maintained 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
precediog 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 toe 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
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
',~/ith 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.
Special Tax means the special tax or special taxes actually levied within CFD No. 98-2,
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.
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Community Facili.ty District No. 98-2 Specia~ Tax Report
July 1, 1998
Page 7
CateGories of Soecial Taxes
Taxable Category
The taxable land category includes each Parcel of Taxable Property assigned to the District
(Taxable Category).
The Maximum 'Special Tax which may be levied on each Parcel within the Taxable Category for
Fiscal Ye~a~ t998/99 shall be $47.52 per Acre (said amount to 'be levied pro rata for any portion
of an Abre). 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.
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").
AssiGnment to CateGories of Sc>eciat Taxes
On or about July 1 of each year (but in any event in sufficient time to inciude th~ levy of the
Special Taxes on the County's secured tax roll) the City shall assign each Parce~ within the
District to the Taxable Category, or Exempt Category. Parcels subject to levy shall be
determined based upon the records of the San Diego County Assessor.
Levv and AaOortionment of Special Taxes
The City shall determine the Special Tax Liability for the District in each Fiscal Year on or about
every July I (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 within the District
as follows:
Step 1: The Special Tax for Parcels assigned to the Taxable Category shall be calculated as
the lessor of:
(i) The Special Tax Liability for the District as determined by the City, divided by the
total Acres for all Parcels assigned to the Taxable Category'.
OR,
M:!SprojectjchulavistaiCFD98-2,1 ,doc
Community Facility District No. 98~2 Special Tax Report
July 1, 1998
Page 8
(ii) the Maximum Special Tax rate for Parcels assigned to the Taxable Category
Step 2: The City shall advise the owner of Parcels within the District of the Special Tax Liability
for the next Fiscal Year.
Step 3: The o,wner(s) of Parcels within the District, may at its election, deposit funds with the
City prior to July 15 of each Fiscal Year, in an amount equal to the Parcel's Special
Ta~<: which shall be deposited into the Operating Fund and Reserve Fund of the
' District.
Step 4: If the funds deposited with the City are less than the Parcel's Special Tax obligation for
the Fiscal Year, then a Special Tax shall be levied equal to the Parcel's Special Tax as
determined in Step 1 minus any funds deposited for the current Fiscal Year pursuant to
Step 3.
M:/$project/chulavistalCFD98-2.1 ,doc