Loading...
HomeMy WebLinkAboutReso 1998-19130 RESOLUTION NO. 19130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NUMBER 35 [SUNBOW II]) AND AUTHORIZING THE SUBMITTAL OF LEVY OF A SPECIAL TAX THEREIN TO FINANCE CERTAIN SERVICES TO THE QUALIFIED ELECTORS WHEREAS, a public hearing has been held and concluded, and the City Council of the City of Chula Vista, California (the "City Council"), is desirous at this time to proceed with the establishment of 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 California (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"). Such Community Facilities District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) (the "District"); and WHEREAS, this legislative body has further declared its intent that the authorized public services be financed through the levy of special taxes; and WHEREAS, at any time before or after the formation of the District, this legislative body may accept advances of funds and/or work in kind from any source; however, no reimbursement and/or repayment shall be made for said advances until expressly set forth by agreement and/or Resolution of this legislative body setting forth the amount, terms and conditions for any reimbursement and/or repayment; and WHEREAS, all communications relating to the establishment of the District, the proposed services and the proposed rate and method of apportionment of the special tax have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings; and WHEREAS, inasmuch as there are less than twelve (12) registered voters residing within the territory of the District, and have been for at least the preceding ninety (90) days, this legislative body is desirous to submit the levy of the required special tax to the landowners of the District, said landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION h The above recitals are all true and correct. PROTESTS SECTION Ih The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law. Resolution 19130 Page 2 FINAL REPORT SECTION IIh The Community Facilities District Report, as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. NAME OF DISTRICT SECTION IV: This legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as 'COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II])." BDUNDARIES OF DISTRICT SECTION V: The boundaries and parcels of land in which the public service and public facilities are to be provided and on which special taxes will be levied in order to pay the costs and expenses for said public services and public facilities are generally described as follows: All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]), as shown on a boundary map as previously approved by this legislative body, said map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 34 of Book 32 of the Book of Maps of Assessment and Community Facilities Districts for said County. DESCRIPTION OF SERVICES SECTION Vh The proposed services to be provided to serve the District are generally described as follows: Maintenance of medians, parkways, landscaped and irrigated slopes, natural nonirrigated open space, certain drainage channels, detention basins, walls and fences, trails and street trees, including furnishing of services and materials for the ordinary and usual operation, maintenance and servicing of any improvement or appurtenant facilities, including repair, removal or replacement of all or any part of the improvement or appurtenant facilities, providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste. Maintenance also means the furnishing of water for the irrigation of the landscaping, the installation of planting or landscaping, or the installation or construction of supplemental facilities including any facilities which are necessary or convenient for the maintenance of eligible facilities. For a full and complete description of the public services, reference is made to the final Community Facilities District Report, a copy of which is on file in the Office of the City Clerk. For all particulars, reference is made to said Community Facilities District Report. SPECIAL TAX Resolution 19130 Page 3 SECTION VII: Except where funds are otherwise available a special tax, secured by recordation of a continuing lien against all non-exempt real property in the proposed District, is hereby authorized, subject to voter approval, to be levied annually within the boundaries of said District. The proposed special tax to be levied within said District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. 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" (the "Special Tax Formula"), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed District to estimate the maximum amount that said person will have to pay for the authorized public services. Said special tax shall be utilized to pay for authorized services. The special taxes herein authorized 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; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. This legislative body further authorizes that special taxes may be prepaid and satisfied pursuant to the provisions for the prepayment of special taxes set forth in the Special Tax Formula. 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 District 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. PREPARATION OF ANNUAL TAX ROLL SECTION VIii: The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: FINANCE DEPARTMENT CITY QF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CA 91910 FINDING OF VALIDITY SECTION IX: It is hereby further determined by this legislative body that all proceedings prior hereto were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions and authorization of Section 53325.1 of the Government Code of the State of California. Resolution 19130 Page 4 APPEALS AND INTERPRETATION PROCEDURE SECTION X: Any landowner or resident who feels that the amount or formula of the special tax is in error may file a notice with the City Council appealing the levy of the special tax. An appeals panel of three members, as appointed by the City Council, will then meet and promptly review the appeal, and if necessary, meet with the applicant. If the findings of the Appeals Board verify that the tax should be modified or changed, a recommendation at that time will be made to the City Council and, as appropriate, the special tax levy shall be corrected, and if applicable in any case, a refund shall be granted. Interpretations may be made by the City Council by Resolution for purposes of clarifying any vagueness or ambiguity as it relates to any category, zone, rate or definition applicable to these proceedings. ELECTION SECTION Xh This legislative body herewith submits the levy of the special tax to the qualified electors of the District, said electors being the landowners of the proposed District, with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns with the Community Facilities District. This legislative body hereby further directs that the ballot proposition relating to the levy of the above referenced special tax be combined and consolidated with the proposition relating to the incurring of a bonded indebtedness and establishing an appropriations limit for the District. The proposition related to the levy of the special tax shall, together with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be held on the 11th DAY OF AUGUST, 1998, and said election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special tax receive 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. BALLOT SECTION XIh The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) be authorized to levy special taxes pursuant to the rate and method of apportionment of special taxes set forth in Resolution No. 19130 to finance authorized services? Resolution 19130 Page 5 PROPOSITION B Shall COMMUNITY FACILITIES DISTRICT NO. 98-3 (OPEN SPACE MAINTENANCE DISTRICT NO. 35 [SUNBOW II]) establish an Article XIIIB appropriations limit equal to $1,000,0007 VOTE SECTION XIIh 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. ELECTION PROCEDURE SECTION XIV: The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: 1. Prepare and furnish to the necessary election supplies for the conduct of the election. 2. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish and address official ballots for the qualified electors of the Community Facilities District. 4. Cause the official ballots to be mailed and/or delivered, as required by law. 5. Receive the returns of the election and supplies. 6. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the returns of the election. 8. Furnish a tabulation of the number of votes given in the election. 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Presented by Approved as to form by J hn P. Lippitt John:M. Kaheny ~ ks Director Ci/t,y'Attorney Resolution 19130 Page 6 EXHIBIT A "SPECIAL TAX FORMULA" COMMUNITY FACILITIES DISTRICT NO. 98-3 SUNBOW II OPEN SPACE MAINTENANCE DISTRICT Facility Maintenance Costs and Spread Methodoloq¥ The estimated annual budget amounts for each of the types of facilities that will be maintained, operated, and managed and to which services will be furnished must be distributed to the parcels within the boundary of the District based on an equitable methodology. There are a number of different methods for apportioning the costs including size of parcel, number of people being served, traffic trips generated by parcel, etc. The method that most equitably distributes the costs taking into account the type of facility and how it serves the population is the method that is used. In each case, the method that is used is converted to a basic unit called an Equivalent Dwelling Unit (EDU). The single family detached dwelling unit is one EDU and other land uses are a ration relating to this base measure. The value of an EDU is based on EDU factors for which support data is available from the City of Chula Vista and/or SANDAG. For the Sunbow II Open Space District, two spread methods were utilized to distribute the costs of the services provided. For the Landscaped Medians and Parkways, the spread method utilized was the Trip Generation Method. For all other types of services, the Population Method was utilized. Proposed Maximum Special Tax Rates The rate of special tax levy broken down by land use for this District for a typical dwelling matrix is as follows: ~ Land Use I Cost/EDU/Year ~ Cost/Acre/Year ~ Single Family Detached ~350 N/A Multi-family 8340 N/A Commercial N/A 83,040 Industrial N/A 82,720 Undeveloped Land N/A 82,470 Public Parcels - (EXEMPT) N/A N/A Resolution 19130 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of August, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None S hirle'~y~yor~h ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19130 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of August, 1998. Executed this 4~h day of August, 1998. ~uthel~'et~