HomeMy WebLinkAboutReso 2000-455 RESOLUTION NO. 2000-455
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ACTING AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE
DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]),
MAKING CERTAIN DETERMINATIONS AND
AUTHORIZING THE SUBMITTAL OF THE LEVY OF
SPECIAL TAXES TO THE QUALIFIED ELECTORS OF
CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO
COMMUNITY FACILITIES DISTRICT NO. 97-1 (OPEN
SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA
ONE, VILLAGES 1 & 5])
WHEREAS, the City Council has previously declared its intention and held and
conducted proceedings relating to the annexation of territory to an existing commtmity 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
California, and specifically Article 3.5 thereof (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 existing Community Facilities District has been designated as
COMMLrNITY FACILITIES DISTRICT NO. 97-1 (OPEN SPACE MAINTENANCE
DISTRICT [OTAY RANCH - SPA ONE, VILLAGES 1 & 5]) (the "District"); and,
WHEREAS, notice of a public hearing relating to the annexation of territory to the
District, the extent of the territory to be annexed (the "Annexation Area"), the fumishing of
certain public services and all other related matters has been given; and,
WHEREAS, it has now been determined that written protests have not been received by
50% or more of the registered voters residing either within the Annexation Area or the District
and/or property owners representing more than one-half (1/2) or more of the area of land within
the Annexed Area or within District; and,
WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote
within the Annexation Area for each of the 90 preceding days, this legislative body desires to
submit the levy of the required special tax to the landowners of the Annexation Area, said
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is determined by this City Council that:
A. all proceedings prior hereto were valid and taken in conformity with the
requirements of law, and specifically the provisions of the Community Facilities
District Law, and this finding is made pursuant to the provisions and authorization
of Section 53325.1 of the Government Code of the State of Califomia;
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Page 2
B. The annexation to the District as proposed conforms with the City of Chula Vista
Statement of Goals and Policies Regarding the Establishment of Community
Facilities Districts;
C. Less than twelve (12) registered voters have resided within the Annexation Area
for each of the ninety (90) days preceding the close of the public heating and,
consequently, the qualified electors shall be the landowners of the Annexation
Area and each landowner who is the owner of record as of the close of the public
hearing, or the authorized representative thereof, shall have one vote for each acre
or portion of an acre of land that she or he owns within the Annexation Area;
D. The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of the
Annexation Area and the requirements for impartial analysis and ballot arguments
have been waived with the unanimous consent of the qualified electors of the
Annexation Area;
E. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of
any resolution armexing the Annexation Area to the District; and
F. The public services, proposed to be financed, from the proceeds of special taxes
to be levied within the Annexation Area are necessary to meet increased demands
placed upon the City as a result of development and/or rehabilitation occurring in
the Annexation Area.
SECTION 3. BOUNDARIES OF ANNEXED AREA The boundaries and parcels of land in
the Annexation Area and on which special taxes are proposed to be levied in order to pay the
costs and expenses for the public services described in Section 5 below are generally described
as follows:
All that property and territory proposed to be annexed to the District, as said
property is shown on a map as previously approved by this legislative body, said
map entitled "Annexation Map No. 1 To Community Facilities District No. 97-1
(Open Space Maintenance District [Otay Ranch - Spa One, Villages 1 & 5]), City
Of Chula Vista, County Of San Diego, State Of Califomia" (the "Annexation
Map"), a copy of which is on file in the Office of the City Clerk and shall remain
open for public inspection.
SECTION 5. DESCRIPTION OF SERVICES The services that are authorized to be financed
from the proceeds of special taxes levied within the District are certain services which are in
addition to those services required for the territory within District and will not be replacing
services already available. A general description of the services authorized to be financed by the
levy of special taxes within the District is as follows:
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
Resolution 2000-455
Page 3
where applicable; maintenance and servicing of parks, parkway landscaping and
medians, drainage facilities, pedestrian bridges and open space slopes, trails and
walls.
The District shall finance all direct, administrative and incidental annual costs and
expenses necessary to provide such monitoring, maintenance, operation and management of such
property.
The same types of services which are authorized to be financed by the District from the
proceeds of special taxes levied within the District are the types of services proposed to be
financed from the special taxes proposed to be levied within the Annexation Area. If and to the
extent possible such services shall be provided in common with District and the Annexation
Area.
SECTION 6. SPECIAL TAX Except where ~mds are otherwise available and subject to the
approval of the qualified electors of the Annexation Area, a special tax sufficient to pay for such
services required for the Annexation Area, secured by recordation of a continuing lien against all
non-exempt real property in the Annexation Area will be levied annually within the boundaries
of the Annexation Area. For particulars as to the rate and method of apportionment of the
proposed special tax, 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 Annexation Area to clearly estimate the maximum amount of the special tax that such person
will have to pay.
The special taxes 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 City Council 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.
SECTION 7. ELECTION The proposition related to the levy of the special tax shall be
submitted to the qualified electors of the Annexation Area, said electors being the landowners,
with each landowner having one (1) vote for each acre or portion thereof of land which he or she
owns within said annexed territory. The special election shall be held on the 19th Day of
December 2000, and said election shall be a special election to be conducted by the City Clerk
(hereinafter "Election Official"). If the proposition for the levy of the special tax receives the
approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may
be levied as provided for in this Resolution and the City Council may determine that the
Annexation Area is added to and part of the District.
SECTION 8. BALLOT The ballot proposal to be submitted to the qualified voters at the
election shall generally be as follows:
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Page 4
PROPOSITION A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-1
(OPEN SPACE MAINTENANCE DISTRICT
[OTAY RANCH - SPA ONE, VILLAGES 1 & 5])
AUTHORIZATION FOR SPECIAL TAX LEVY
Shall Community Facilities District No. 97-1 (Open Space Maintenance District
[Otay Ranch - Spa One, Villages 1 & 5]) of the City of Chula Vista be authorized
to levy special taxes within the territory shown on "Annexation Map No. 1 To
Community Facilities District No. 97-1(Open Space Maintenance District [Otay
Ranch - Spa One, Villages 1 & 5]), City Of Chula Vista, County Of San Diego,
State Of California" (the "Annexation Map") pursuant to the rate and method of
apportionment of special taxes (the "Special Tax Formula") set forth in
Resolution No. 2000-455 to finance authorized services and administrative
expenses and to fund and replenish a reserve fund, all as provided for in the
Special Tax Formula?
SECTION 9. VOTE The appropriate mark placed in the voting square after the word "YES"
shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in
the voting square after the word "NO" in the manner as authorized, shall be counted against the
adoption of said proposition.
SECTION 10. ELECTION PROCEDURE The Election Official is hereby authorized to take
any and all steps necessary for the holding of said election. Said Election Official shall perform
and render all services and proceedings incidental to and connected with the conduct of said
election, and said services shall include, but not be limited to the following:
A. Prepare and furnish to the election officers necessary election supplies for the
conduct of the election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
C. Furnish and address official ballots for the qualified electors of the Annexation
Area.
D. Cause the official ballots to be mailed and/or delivered, as required by law.
E. Receive the returns of the election.
F. Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
G. Canvass the retums of the election.
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H. Furnish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the election
incurred as a result of services performed for the District and pay costs and
expenses of all election officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
Prepared by Approved as to form by
Jo aheny ~
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of December, 2000, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Shirley H4o~n~ May~r ~f
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. 2000-455 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of December, 2000.
Executed this 12th day of December, 2000 ~1 ~/kk~~-~'~/
Susan Bigelow, City Clerk
Resolution 19106
Page 5
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
ANNUAL TAX
A Special Tax shall be levied annually on land within Community Facilities
District No. 97-1 (Open Space Maintenance District) of the City .of Chula Vista
(the "District'), and collected according to the SpeciaI 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 ay
law or the express provisions of the rate and method of apportionment
expressed beiow, shall be taxed te the extent and in the manner provided below.
All Parcels within the District are assigned to Special Tax Area A. ]n 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 shaft be levied upon each Parcel shall be the aggrega;e sum of the
Special Tax for each Special Tax Area within which the Parcel is located.
All Special Taxes applicable to Parcels shah be collected in the same manner
and at the same time as ordinary ad valorera property taxes, an~ 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. tfthe 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 Taxes, an altocable 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 properties for which the payment of Special Taxes is delinouent
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 the Parcel's building permit(s), excluding garages or other structures not
used as living space.
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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 Open Space Maintenance District- SPA. One (Villages 1 & '5)
of the Community Facilities District No, 97-1 of the City of Chula Vista.
Facilities means those improvements defined in Part 11 of the Special Tax
Report dated July 1, 1998 for Community Facilities District No. 97-1 of the City
d Chula Vista.
Fiscal Year means the period 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. 97-1 by the City Council in any Fiscal Year for each Parcel of Taxable
Propert),.
Non-Residential Uses shah 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 Distrim 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,. repa!r 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 the 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
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· :"~ County Assessor and v,,bish ha& been assigned a discrete identifying number on
the equalized tax rolls of the County.
Reserve Fund means a 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 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
equal4o up to t00% of the Operating Fund Requirement.
Residential Uses shalt include those residential uses as permitted in the City
zoning ordinance.
Special Tax means the special tax or special taxes actually levied within CFD No.
97-1.
Special Tax Area means one of the two specific areas comprising specific
Parcels as shown in Exhibit B of the Special Tax Repod dated July 1, 1998 for
Community Facilities District No. 97-i of the City of Chula Vista.
Special Tax Liability for any Fiscal 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 Proper~y 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.
Categories of Soecial Taxes
Residential Category:
· Tna residential category includes each Developed Parcel within the District
which is zoned for Residential Uses by the City ("Residential Category").
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· The Maximum Special Tax that may b~ levied Within Special Tax Area A ~r -
Fiscal Year 1998199 on each Developed Parcel assigned to the Residentiai
Category shall be $0.08,.z--4. per Building Square Foot.
· The Maximum Special Tax that may be levied within Special Tax Area B for
the Fiscal Year 199811999 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 81,143 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
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 ,-"
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set forth in the easement impractical, Common areas, private streets 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 ("Vaant Land Category').
The Maximum Special Tax which may be levied on each Parcel within the
Vacant Land Category for Fiscal Year 1998!99 shall be the rates set forth in
Table 1 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 (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
Vacant Land Category
Maximum Special Tax Rate per Acre
Maximum
Soecial Tax Area Special Tax Rate
Special Tax Area A $1,293/Acre
Special Tax Area B S2,B70/Acre
Assignment to Cateoories of Special Taxes
On or about July 1 of eacb 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
sha!l..be determined based upon the Fecords of the San Diego County Assessor.
Levy and'Aooortionment of Smecial 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
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Non-Residential Category, and Vacant Land Cate.aary 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 maximum Special Tax revenue which could be
generated by multiplying the total Acreage of all Developed Parce!s
assigned to the Non-Residential Category in each Special Tax Area by
the Maximum Special Tax per Acre.
Step 2: If the total Special Tax revenue as calculated in Step 1 for the Speciat
Tax Area is greater than the Special Tax Liability of such Special Tax
Area, 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 Special Tax revenue as calculated in Step I is less than the
Special Tax Liability of such Speciat 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, )ass the total of
funds generated for all Parcels within that Special 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 Parce!s within that Special Tax
Area.--
However, in the event it is .determined that the Special Tax Liab!lity.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
preceding paragraph.
Step 4: The total Special Tax for each Parcel shall be the sum of the Special
Taxes for each Special Tax Area in which a Parcel is located.
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