HomeMy WebLinkAbout2013/08/13 Item 04CITY COUNCIL
AGENDA STATEMENT
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CHULA VISTA
ALiGUST 13. 2013
Item
ITEil1 TITLE: RESOLUTION OF THE CITY COUivCIL OF THE CITY OF
CHULA VISTA. ADOPTING .~' Al\~TEXATION MAP
SHO~VTi iG TERRITORY PROPOSED TO BE AN~'EXED TO
Ib4PROVEMENT AREA ~`C" OF COA~NNITI' FACILITIES
DISTRICT 1~'O. 97-2 (PRESERVE A~IAII~iTEI`T.4i\TCE
DISTRICT)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA. DECLARING ITS INTENTION TO
AUTHORIZE THE ANNE?{ATION OF TERRITORY TO
COA~A4L1i~TITY FACILITIES DISTRICT NO. 97-2
(PRESERVE A4AINTENAI~'CE DISTRICT) AI~'D
IMPROVEMENT AREA "C" THERETO
SUB?\ZITTED BI': DIRECTOR OF DEV PA4ENT SERVICES~,~, ,(! d
REI'IE~'1'ED BI': CITY D4ANAGER v
~1'ssrs~lf G Ma~a~e,+~
4 THS TOTE: IBS ~ NO
SU1Ti11AR1'
SLF N/1~4cMillin A4illema N, LLC has requested the City conduct proceedings to
consider the annexation of territon~ into Improvement Area C of Communit`~ Facilities
District No. 97-2 (Presence Maintenance District) (CFD 97-2). The conditions of
approval of the tentative map for Otav Ranch Millenia require that said annexation be a
condition of the first final map for the project. CFD 97-2 was formed in 1998 and funds
the maintenance of azeas that have been conveyed to the presen'e in accordance with the
Otay Ranch Resource Manasement Plan. The City has retained the services of NBS as
special tax consultant and Best Best and Krieger LLP as lesal counsel to provide
assistance Burins the proceedings. Tonight's action will initiate the formal proceedings to
consider the annexation of Otav_ Ranch Millenia to CFD No. 97-2 and Improvement Area
C thereof.
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August 13, 2013
Item No. /~
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ENVIRONA~+ NTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project as defined under Section 15378 of the State CEQA Guidelines
because the proposed activity consists of the creation of a governmental fiscal/funding
mechanism which does not involve any commitment to any specific project which may
result in a potentially significant physical impact on the environment. Therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject
to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
Council adopt the resolutions. -
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
In July 1998, Council formed CFD No. 97-2 (Preserve Maintenance District). CFD 97-2
was originally divided into two Improvement Areas: Improvement Area A and
Improvement Area B. Improvement Area A funds the costs of the Resource Monitoring
Program as well as Preserve Operations and Maintenance within the boundaries of the
Otay Ranch Preserve. Improvement Area B only funds the Resource Monitoring Program
within that same area. Improvement Area C was formed in 2003 in conjunction with the
annexation of Brookfield Shea Otay Village Eleven into CFD 97-2 and funds both the
Resource Monitoring Program and Preserve Operations and Maintenance that are
consistent with the requirements of the Otay Ranch Resource Management Plan Phases I
and 11 and includes the pro-rata share of administrative expenses of CFD No. 97-2.
Territory Proposed to be Annexed
The proposed boundaries of the territory proposed to be annexed to Improvement Area C
of CFD No. 97-2 encompass the parcels located within the Eastern Urban Center known
as Otay Ranch Millenia. Otay Ranch Millenia is an Urban Village of approximately two
hundred Seven (207) acres located just south of Birch Road, east of SR125; west of
Eastlake Parkway and north of Hunte Parkway. SLF IV/MeMillin Millenia JV; LLC
owns the property within the proposed annexation and the project is proposed for
approximately 3;000 multi-family apartments, seventy six acres of commercial, six parks;
a fire station and a library. Staff has reviewed the proposed annexation boundary map;
identified as Annexation Map No. 8 to CFD 97-2; and has found it ready and acceptable
for approval by Council. A reduced copy of the map is presented in Attachment 2.
Proposed Special Tax
The rate and method of apportiomnent of the special taxes authorized to be levied within
the existing boundaries of CFD 97-2 has four categories of taxation, as follows:
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August 13, 2013
Item No. ~(-
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• Developed Pazcels (Single-Family and Multi-Family Residences) aze taxed based
on the squaze footase of the structure. Industrial and Commercial Parcels are
taxed on the acreage of the pazcel.
• The Final Mapped properties; which include all sinele famih and multi-
residential parcels and all industrial and commercial pazcels; for which a building
permit has not been issued, aze taxed on acreage of the pazcel.
• Propem~ not categorized as Developed or Final Mapped Propem is taxed on
acreage of the parcel.
• The Exempt Category includes all publicly owned parcels and Homeo~~~ner's
Association parcels. -
Developed Parcels aze those parcels for which a building permit has been issued. The
proposed maximum special tax rate in the rate and method of apportionment was
determined at the time of formation of CFD 97-2 in 1998.
Collection of Taxes
At the beginning of each fiscal yeaz the City shall determine the amount of the Special
Tax Liabilih (budget plus reserve) of each Improvement Area. Then, the special taxes
will first be levied within each of the Improvement Areas on the Developed Parcels
therein to fund the Special Tat Liability for such Improvement Area. If this pool of funds
is not enough to fund the Special Tax Liability for such Improvement Area; as may be the
case in the eazh years of development; the district will levy the special tax on the vacant
land within such Improvement Area starting ~yith Final Mapped Property. The buffer of
having the vacant land covering any portion ofthe Special Tax Liabilih~ not funded from
special taxes levied on Developed Parcels within an Improvement Area will disappeaz
once the Improvement Area has been fully developed. If the Special Tax Liability for any
fiscal year for an Improvement Area is less than the maximum special tax authorized to
be levied on the Developed Parcels within such Improvement Area the actual rate of the
special taxes to be levied on such Developed Propert}' in that specific year will be
reduced accordinsly.
Following is a brief discussion of some key issues regazdine the "Rate and Method of
Apportionment (RMA) of Special Taxes" proposed to be established for temtor}°
proposed to be annexed to Improvement Area C of CFD 97-2 (See Exhibit "A" for full
description of RA4P,):
• The Maximum Special Tax Rates increase each year by a factor equal to the
annual percentage change in the Consumer Price Index.
• The RA4A provides that the annual budget for any year may include an amount
deemed necessary to maintain an adequate level of the operating resen~e fund.
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Ausust 13, 2013
Item No.~
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• The maximum special tax rates are based on the original Rate and Method of
Apportionment of special taxes established for CFD 97-2 when CFD 97-2 was
formed. If the actual square footage of residential development and/or the acreage
ofnon-residential (industrial and commercial) development within Improvement
Area C meets or exceeds the projections on which the special tax rates were
based; the actual special tax rate necessary to be levied annually within
Improvement Area C to fund the Special Tax Liability for Improvement Area C
may be less than the authorized maximum special tax.
Approved Maximum Special Taxes
The approved maximum special tax rates for fiscal year 2013/14 for Improvement Area C
of CFD 97-2 are as follows:
Table 1 -Maximum Special Tax for Monitoring
Special Tax Category Maximum Special Tax
(Monitorine) I
Residential (per s uare foot) $0.0054
Non-Residential er acre $87.3126
Final Ma Pro ert}~ (per acre) $87.3126
Undeveloped Property (per acre) $56.3516
Table 2 -Maximum Special Tax for Operations & Maintenance
Special Tax Category Maximum Special Tax
(O erations & Maintenance)
Residential (per s uare foot) $0.0086 i
Non-Residential (per acre) $138.6152
Final Ma Propert}' (per acre) $138.6152
Undeveloped Property ( er acre) $89.4627
Resolutions
There are two resolutions on tonight's agenda, which, if adopted, will accomplish the
following:
The RESOLUTION ADOPTING THE ANNEXATION MAP is the formal action
adopting the Annexation Map No. 8 setting forth the boundaries of the territory proposed
to be annexed to Improvement Area C of Community Facilities District No. 97-2
(Preserve Maintenance District).
The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the
intention of the City Counci] to authorize the annexation of the territory within
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August 13, 2013
Item No. ~
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.Annexation )\4ap I~ro. 8 to hnproyement Area C of Community Facilities District No. 97-
2 (Preserve A9aintenance District); to authorize the levy of a Special Tax; and to set the
time and place for the public hearing on the proposed annexation and Special Tax
authorization.
Future Actions
The public hearine and consideration of the adoption of a resolution submitting the
authorization for the le~~~ of special taxes to the qualified electors are scheduled for the
City Council meeting of September 17. 20] 3, at 2:00 P.D~.
DECISION 11AKER CONFLICT
Staff has revie~ti°ed the propem holdings of the Ciry Council and has found no propern~
holdings within X00 feet of the boundaries of the propem•; which is the subject of this
action. Staff is not independently awaze, nor has staff been informed by any City Council
member; of any other fact that ma_v constitute a basis for a decision maker conflict of
interest in this matter.
CURRENT YEAR FISCAL IA'IPACT
Developer is responsible for all costs associated ~yith the Annexation No. 8 to CFD 97-2.
The Cih~ will recover the full cost of staff time expended in district annexation; thus there
will be no fiscal impact.
ONGOIl~'G FISCAL IMPACT
The on-going administration will be funded entirely by the district; therefore there is no
fiscal impact.
ATTACHMENTS
Attachment 1 Rate and Method of Apportionment
Attachment 2 Annexation 1\4ap
H9DSDW~endas and Resos, most up [o daze eersionl?013t8-G-2013UtOI for Ota}• Ranch A9illeniaVt01 for CFD 9i-? Annex 8 otay
Ranch ~fillenia.doc
Prepared by: Chester Bautista, Associate Cn~il Engineer, Development Services Department
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Attachment 1
EXHIBIT A
COMMilNITY FACILTIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
RATE AA'D METHOD OF APPORTIONMENT
OF SPECIAL TAXES
A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of the
City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area C of
the CFD and collected each Fiscal. Year commencing in Fiscal Year 2002-03 in an amount
determined through the application of the rate and method of apportionment of the Special Tax
set forth below. All of the real property in the CFD, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land azea of an Assessor's Pazcel as shown on an
Assessor's Pazcel Map, or if the land area is not shown on an Assessor's Parcel Map, the
land area shown on the applicable Final Subdivision Map, other final map, other pazcel
map, other condominium plan, or functiona[Iy equivalent map or instrument recorded in
the Office of the County Recorder. The squaze footage of an Assessor's Parcel is equal to
the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code rif the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate
amount of the Ciry's general administrative overhead related thereto, and the fees of
consultants and legal counsel providing services related to the administration of the CFD;
the costs of collecting installments of the Special Taxes; and any other costs required to
administer Area C of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by assessofs pazcel number.
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"Building Square Foot or Square Footage" means the squaze footage zs shown on an
Assessor's Parcel's building permit of Residential Property excluding garages or other
structures not used as living space.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tzx Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which aze classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative
body of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being
levied.
"Final Map Property" means a single family residential lot. created by a Final
Subdi«sion Map, but which is not classified as Developed Property.
"Final Subdivision Afap" means a subdivision of property creating single family
residential buildable lots by recordation of a fina} subdivision map or parcel map
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that
creates individual lots for which building permits may be issued without further
subdivision and is rewrded prior to March 1 preceding the Fisca! Year in which the
Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area C" or "Area C" means Improvement Area C of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
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"Maximum Special Tax" means the maximum Special Tax, detemtined in accordance
with Section C below that may be levied in any Fiscal Yeaz on any Assessor's Pazcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal
Year to pay for Resource Monitoring and/or Preserve Operations and Maintenance
activities and 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 Yeaz an amount equal to the
Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance
Fund Requirement for the current Fiscal Yeaz in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in
Attachment A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fuod .Requirement" means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Maintenance
plus apro-rata share of the budgeted Administ<ative Expenses of the District for the
current Fiscal Yeaz in which Special Taxes aze levied.
"Property Owner Association Property" means any property within the boundaries
Area C of the CFD that is owned by, or irrevocably dedicated as indicated in an
instrument recorded with the County Recorder to, aproperty owner association, including
any master or sub-association.
"Public Property" means any property within the boundaries of Area C of the CFD that
is, at the time of the CFD formation, expected to be used for any public purpose and is
owned by or dedicated to the federal government, the State, the County, the City or any
other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital
to cover monitoring, maintenance and repair cost ovemms and delinquencies in the
payment of Special Taxes and a reasonable buffer to prevent large variations in annual
Special Tax levies.
"Reserve Fuud Balance" means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Yeaz.
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"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Yeaz.
"Residential Property" means all Assessor's Pazcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one or more residentizl
dwelling unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management
Plan also referred to as "The Otay Ranch Resource Management Plan" dated 1028!93
and the Otay Ranch Phase 2, Resource Management Plan dated Tune 4; 1996, as both
such plans may be amended from time to time.
"Resource Monitoring Program" means those described in Attachment B hereto which
is incorporated herein by This reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Yeaz an amount for
each Improvement Area equal to the Improvement .Area's fair share of the budgeted costs
of [he Resource Monitoring Program plus a pro rata shaze of the budgeted Administrative
Expenses of the CFD for the current Fiscal Yeaz in which Special Taxes aze levied. An
Improvement Area's "fair shaze" shall be based on the Improvement Area's percentage of
the total acreage within the Otay Ranch General Development Plan Planning Area for
which a Resource Monitoring Program funding mechanism has been established-
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and
D below in each Fiscal Yeaz on each Assessor's Pazcel of Developed Property and
Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year. for Area C
to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and
Maintenance Fund Requirement, less the Operating Fund Balance, and (ii) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (iii) pay for reasonably anricipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year..
"State" means the State of California.
"Taxable Property" means all of the Assessor's Pazcels within the boundaries of Area C
of the CFD that aze not exempt fiom the Special Tax pursuant to law or as defined below.
"Undeveloped Property" means, for each Fiscal Yeaz, all Taxable Property not
classified as Developed Property.
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B.
C.
ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area C of the
CFD shall be classified as Category I, Category R, Category III or Exempt. Developed
Property, Final Map Property or Undeveloped Property, and shall be subject to Special
Taxes pursuant to Sections C and D below. Developed Property shall be further assigned
to a Iand Use Class as specified in Table 1.
MAXIMUM SPECIAL TAX RATE
Category I
Category I includes Developed Property within the District ("Category I")_
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Yeaz 2002/03 on Developed Property shall be
at the rates set forth in Table 1 below. For Residential Property, the Special Tax shall be
levied based upon Building Square Footage and for Non-Residential Property shall be
levied based on Acreage.
TABLE I
Maximum Special Tax for Category I
Community Facilities District No. 97-2
Improvement Area C
Description Resource Operation &
Monitoring Maintenance
Residential $0.0054 $0.0086
IvTOn-Residential $873126 $138.6152
Category II
Category II includes each Assessor's Parcel of Taxable Property within the District for
which a Final Map has been recorded, but which is not classified as a Developed Parcel
("Category II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Yeaz 2002/03 on each Assessor's Parcel. in
Category II shall be as shown in Table 2 below (said amount to be levied pro rata for any
portion of an Acre).
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TABLE 2
Maximam Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
$87.3126 per Acre I $138.6152 per Acre
Category III
Category III includes each Parcel of Taxable Property within the District not subject to
Special Tax under any other category ("Category III").
The A~aximum Special Tax which may be levied for Fiscal Year 2002/03 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be levied
pro rata for any portion of an Acre).
TABLE3
Maximum Special Tax for Category IQ
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
556.3516 per Acre $89.4627 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered for
dedication to a public agency, or 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 azeas, private streets and parks, and open space lots
("Exempt Category").
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class. The Maximum Special Tax that may be levied on an Assessor's
Parcel shall be the sum of the Maximum Special Tax le~~es that may be levied on all
Land Use Classes located on that Assessor's Parcel. The CFD Administrator's shall
determine the allocation to each Land Use Class.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area C shall be increased each Fisca( Yeaz beginning in Fiscal Year
2003-04 and thereafter by a factor equal to the annual percentage change in the San
Diego Metropolitan Area all Urban Consumer Price Index (All Items).
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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Yeaz 2003-04, and for each following Fiscal Yeaz, the Council
shall levy the Area C Special Tax at the rates established pursuant to steps 1 through 4
below so that the amount of the Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Yeaz as follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to Category
I by multiplying the Building Squaze Footage for Pazcels classified as Residential Parcels
by the Maximum Special Tax per Building Squaze Foot for Resource Monitoring, and
Preserve Operations and Maintenance for Pazcels and adding to that the maximum
revenue which could be generated by multiplying the total acres for Pazcels classified as
Non-Residential Pazcels by the Maximum Special Tax per Acre for Resource Monitoring
and Preserve Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special
Tax Liability for Improvement Area C, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Yeaz is equal to the Special
Tax Liability for the Fiscal Yeaz.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability
for Improvement Area C, a Special Tax shall be levied upon each Parcel within
Improvement Area C, classified as Category II. The Special Tax for Pazcels assigned to
Category II shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area C
assigned to Category II,
OR
(ii) The Maximum Special Tax rate for Pazcels assigned to Category II.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area C, a Special Tax shall be levied upon each Parcel within
Improvement Area C classified as Category III. The Specia! Tax for Parcels assigned the
Category III shall be calculated as [he lessor of:
(i) The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 and 3
above, divided by the total Acres for all Pazcels within Improvement Area
C assigned to Category III,
OR
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(ii) The Maximum Special Tax rate for Pazcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Specia! Tax Liability for Improvement
Area C includes delinquent Special Taxes from Parcel in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from such
Pazcels and identify the owner(s). The amount of delinquent Special Taxes, if any, that
arose from the applicable owner(s) shall first be divided by the total Category III Acres
owned by such owner(s) and collected fiom the applicable owner(s) with the remaining
portion of the Special Tax Liability not related to delinquent Special Taxes to be
collected from all Parcels in Category III according to the procedure set forth in the
preceding Paragraph.
Notwithstanding the above, under no circumstances will the Specia! Tax levied against
any Assessor's Parcel of Residential Property or Multi-Family Property for which an
occupancy permit for private residential use has-been issued be increased by more than
ten percent annually up to the Maximum Special Tax as a consequence of delinquency or
default by the owner of any other Assessor's Parcel within Area C of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that ?he amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regazding such error. If following such consultation, the CFD
Administrator determines that an error has occut-,ed, the CFD Administrator may amend
the amount of the Special Tax levied on such Assessor's Parcel. If following such
consultation and action, if any by the CFD Administrator, the landowner or resident
believes such error still exists, such person may file a written notice.writh the City Clerk of
the City appealing the amount of the Special Tax levied on such Assessor's Pazce1. Upon
the receipt of any such notice, the City Clerk shall forwazd a copy of such notice to the
City Manager who shall establish as part of the proceedings and administration of the
CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee
may establish such procedures, as it-deems necessary to undertake the review of any such
appeal. The Review/Appeal Committee shall interpret this Rate and Method of
Apportionment and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals, as herein specified. The decision of
the Review/Appeal Committee shall be fatal and binding as to all persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad vaforem property taxes; provided, however, that the
CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meet the financial obligations of
Area C of the CFD or as otherwise determined appropriate by the CFD Administrator.
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G. TERM OF SPECIAL TAX
Taxable Property in Area C of the CFD shall remain subject to the Special Tax in
perpetuity.
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4-15
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ADOPTING AN
ANNEXATION MAP SHOWING TERRITORY PROPOSI~D
TO BE ANNEXED TO IMPROVEMENT AREA "C" OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT)
(ANNEXATION NO. 8)
WHEREAS. the CITY COUNCIL of the CITY OF CHULA VISTA. CALIFORJ\'IA.
("City Council"); formed a Community Facilities District and 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 ~ of the Goverrunent Code~of the State of Califonia
(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, ~ 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 Faci]ities District Law''). The Community
Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT) (the "District') and the hnprovement Areas were
designated as hMPROVEMENT AREA "A," IMPROVEMENT AREA "B" and
IMPROVEMENT AREA "C" of such District ;and
WHEREAS, the City Council desires to initiate proceedings to annex certain property to
]mprovement Area "C" thereof; and
WHEREAS, there has been submitted a map entitled _"Annexation Map No. 8 City of
Chula Vista Community Facilities District No. 97-2 (Preserve Maintenance District);
hnprovement Area "C", City Of Chula Vista, County Of San Diego, State Of California" (the
`'Annexation Map") showing the territory proposed to be annexed to .the District and
Improvement Area "C" thereof (the "Territorti~").
NOR'. THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION' 2. The Annexation Map showing the Territory proposed to be
annexed to the District and Improvement Area "C" thereof and to be subject to the levy of a
special tax is hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one
(1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within
fifteen (15) days afrer the adoption of the Resolution fixing the time and place of the hearing on
the intention to annex or extent of the annexation to the District and hnprovement Area "C"
thereof a copy of such map shall be filed with the correct and proper eridorsements thereon with
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the Counn~ Recorder; all in the manner and form provided for in Section 31 11 of the Streets and
Hishwavs Code of the State of California.
PREPARED BY:
Kelh~ Brouehton
Director of Development Services
APPROVED AS TO FORA4 BY:
~ Glen R. Googins
~C~Cim Attomev
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA; DECLARING ITS INTENTION
TO AUTHORIZE THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA
"C" THERETO
(ANNEXATION N0. 8)
V~'HEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORi\11A,
("City Council''), formed a Community Facilities District and designated 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, ~ 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. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District') and the Improvement
Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA `B` and
IMPROVEMENT AREA "C" of such District; and
WHEREAS, the District was formed for the purpose of financing the monitoring,
maintenance; operation and management of public property required to be maintained as open
space or habitat preservation or both; and
WHEREAS, Improvement Area "C" was established to finance Preserve Operations and
Maintenance plus apro-rata share of Administrative Expenses of the District as such terms are
defined in the rate and method of apportionment of special taxes (the '`Improvement Area "C `
Rate and Method") attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, certain territory is proposed to be annexed to the District and Improvement
Area "C" thereto and such territory shall be known and designated as COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT),
IMPROVEMENT AREA "C," ANNEXATION NO. 8 (the "Tenitory"); and
WHEREAS, this legislative body now desires to. proceed to adopt its Resolution of
Intention to annex the Territory to Improvement Area "C," to describe the territory included
within Improvement Area "C" and the Territory proposed to be almexed 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
Improvement Area "C,° and
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\~Z-IEREAS, a map shoeing the Territon~ proposed to be annexed 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.
NOT. 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 b_v this City Council
pursuant to the authorization of the Community- Facilities District La\v.
Ii\iTENTION TO ANi~tEX: DESCRIPTION OF TERRITORY.
SECTION 3. This legislative body hereby determines that the public
convenience and necessity requires that the Temtory be added to the District and Improvement
Area "C'- thereto and this Citv Council declares its intention to annex the Temtor_v to the District
and Improvement Area "C° thereto.
A description of the boundaries and Temtory proposed to be annexed is as follows:
All that Temtory proposed to be annexed to the District and
Improvement Area "C° thereto. as such propem is sho\vn on a
map as previously approved by this legislative body; such map
entitled "Annexation Map No. 8 City of Chula Vista Community
Facilities District No. 97-2 (Preserve A4aintenance District);
Improvement Area "C"; City Of .Chula Vista; Counri' Of San
Diego; State Of California" (the "Annexation Map'), a copy of
which is on file in the Office of the Cit}' Clerk and shall remain
open for public inspection.
A general description of the territon included in the District is hereinafrer described as
follows:
All that property and territory as originally included within or
previously annexed to the District and Improvement Area "C`
thereto; as such property is sho\\~n on maps of the original District
and territon~ previously annexed as approved by this City Council
and designated by the name of the original District and Annexation
Nos. 1 through 7. A copy of such maps are on file in the Office of
the Ciri~ Clerk and have also been filed in the Office of the County
Recorder.
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NAME
SECTION 4. The proposed annexation shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAII~TTENANCE
DISTRICT); IMPROVEMENT AREA "C;" ANNEXATION NO. 8.
SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT
SECTION ~. The services that are authorized to be financed by the District from
the proceeds of special taxes levied \vithin Improvement Area "C" are certain services which are
in addition to those provided in or required for the territory within Improvement Area "C" and
will not be replacing services already available. A general description of such services to be
financed by the District 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 management of any property
owned, maintained; operated and/or managed by the federal and/or
state government as open space; habitat maintenance and/or for
any other purpose.
The District shall finance all direct. administrative and incidental annual costs and expenses
^ecessary to provide the. such monitoring, maintenance, operation and management of such
public property.
The same types of services which are authorized to be financed by the District from the proceeds
of special taxes levied within Improvement Area "C" aze the types of services to be provided in
the Territory. If and to the extent possible such services shall be provided in common within the
District and the Territory.
SPECIAL TAXES
SECTION 6. It is the further intention of this City Council that, except where
funds are otherwise available, a special tax sufficient to pay for such services and related
incidental expenses authorized by the Community Facilities District Law, secured by recordatio^
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 the attached and incorporated
Exhibit "A" (the "Improvement Area `C' Rate and Method"), which sets forth,in sufficient detail
the method of apportionment to allow each landowner or resident within the proposed Territory
to clearly estimate the maximum amount that such person will have to pay.
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The special tax proposed to be levied within the Temton~ shall be equal to the special tax levied
to pay for the same sen ices in Improvement Area "C;" except that a hieher or lower special tax
may be levied within the Territon~ to the extent that the actual cost of providing the services in
the-Territon- is hieher or lower than the cost of providing those sen~ices in Improvement Area
"C." Notwithstanding the foregoing; the special tax may not be levied at a rate which is hieher
that the maximum special tax authorized to be levied pursuant to the Improvement Area "C-
Rate and Method.
The special taxes herein authorized, 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. Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure
by the Treasurer.
The maximum special tax rate in Improvement Area "C" shall not be increased as a result of the
annexation of the Territory to Improvement Area "C.°
PUBLIC HEARI\'G
SECTION 7: NOTICE IS GIVE\[ THAT O\[ SEPTEMBER 17. 20Li. AT THE
HOUR OF 2:00 PM CLOCK P.M.. IN THE REGULAR i\4EETING PLACE OF THE
LEGISLATIVE BODY, BEING THE COUi~'CIL CHAMBERS, 276 FOURTH A\'E\[UE,
CHULA VISTA. CALIFORNIA. A PUBLIC HEARING \\'ILL BE HELD \VHERE THIS
LEGISLATIVE BODY \\'ILL CONSIDER THE AUTHORIZATION FOR THE
A_\'NEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA
"C" THERETO. THE PROPOSED RATE AN'D \4ETHOD OF APPORTION[D4ENT OF THE
SPECIAL TAX TO BE LEVIED \\'ITHII~' THE TERRITORY P.i\TD ALL OTHER MATTERS
AS SET FORTH IN THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARIi~[G. THE TESTIMONY OF ALL INTERESTED PERSONS FOR
OR AGAINST THE AI~'NEX-ATION OF THE TERRITORY OR THE LEVYII~iG OF
SPECIAL TAXES \\'ITHIN THE TERRITORY \\TLL BE HEARD.
AT SUCH PUBLIC HEARING. PROTESTS AGAI\[ST THE PROPOSED A\[\[EX_ATION OF
THE TERRITORY. THE LEVY OF SPECIAL TAXES \\'ITHIN THE TERRITORY OR ANY
OTHER PROPOSALS CONTAINED N THIS RESOLUTION i\4AY BE MADE ORALLY BI'
ARTY INTERESTED PERSON. ANY.PROTESTS PERTAINING TO THE REGULARITY OR'
SUFFICIENCY.OF THE PROCEEDINGS SHALL BE IN WRITI\'G Ai\tD SHALL CLEARLY
SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS D4ADE.
.ALL WRITTEN PROTESTS SHALL BE FILED \\'ITH THE CITY CLERK PRIOR TO THE
TIME FIXED FOR THE PUBLIC HEARING. WRITTE\[ PROTESTS IvLAY BE
\\'ITHDRAV~'I~[ AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
NIAJORITI' PROTEST
SECTION 8. If (a) ~0% or more of the registered voters; or, six (6) registered
voters; whichever is more; residing within Improvement Area "C" of the District; (b) ~0% or
more of the registered voters. or six (6) registered voters. whichever is more, residing within the
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Territory, (c) owners of one-half or more of the area of land in the territor\~ included in
Improvement Area "C" of the District, or (d) owners of one-half or more of the area of land
included in the Territory, file N7itten protests against the proposed annexation of the Territory to
the District in the future 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 issue discussed at the public hearing.
ELECTION
SECTION 9. Upon the conclusion of the public hearing, if the legislative body
determines to proceed with the annexation of the Territory, a proposition to authorize the levy of
the special taxes within the Territory shall be submitted to the qualified electors of the Territory.
The vote shall be by registered voters within the Territory; provided, however, if there are less
than 12 registered voters, the vote shall be by landowners, with each landov`mer having one vote
per acre or portion thereof within the Territory.
NOTICE
SECTION 10. Notice of the time and place of the public hearing shall be given
by the City Clerk by publication in the 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:
,'a ~~
(~\Glen . G mains
~C (~' ~;ity Attorney
Kelly Broughton
Director of Development Services
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E~IIIBIT A
CITY OF CHULA ~1STA
CO?\IDIUNITI' FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA C
A Special Tax of Communih~ Facilities District No. 97-2 (Preserve Maintenance.District) of
the Cih~ of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement
Area C of the CFD and collected each Fiscal fear commencing with Fiscal Pear 2002-03 in
an amount determined through the application of the rate and method of apportionment of
the Special Tax set forth below. All of the real property in the CFD, unless exempted by
law or b}' the provisions hereof, shall be tared for the purposes, to the extent and in the
manner herein provided.
A. DEFI\`ITIONS
The terms hereinafter set forth have the following meanings
"Acre or Acreage" means the land area of an Assessor's Pazcel as sho~~m on an Assessor's
Pazcel Map; or if the land azea is not sho\~m on an Assessor's Pazcel Map, the land area shown on
the applicable Final Subdivision 1~4ap, other final map. other parcel map; other condominium
plan; or functionally equivalent map or instrument recorded in the Office of the County
Recorder. The square footage of an Assessor's Pazcel is equal to the Acreage multiplied by
43.60.
"Act" means the Aiello-Roos Community Facilities Act of 1952; as amended; being Chapter 2.~;
Part 1. Division 2 of Title ~ of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the Cin, acting for
and on behalf of the CFD as the administrator thereof, to determine; levy and collect the Special
Taxes; including salaries of Cih' employees and a proportionate amount of the Citti~'s general
administrative overhead related thereto, and the fees of consultants and legal counsel providing
services related to the administration of the CFD; the costs of collecting installments of the
Special Taxes; and any other costs required to administer Area C of the CFD as determined by
the Cih'.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Pazcel A4ap with an assigned
assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the Counq~ designating
parcels by assessor's parcel number. y
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"Building Square Foot or Square Footage" means the square footage as shown on an
Assessor's Parcel's building permit of Residential Property excluding garages or other structures
not used as living space. y
"CFD Administrator" means an official of the: City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his of her designee.
"City Manager" means the City Manager For the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels
which are classified as community purpose facilities and meet the requirements of City of Chula
Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body of
the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued prior
to the March 1st preceding the Fiscal Year in which-the Special_ Tax is being levied.
"Final Map Property" means any residential lot or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-
residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a
condominium plan pursuant to California Civil Code 1352, that creates individual lots for which
building permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following~.iune 30.
"Improvement Area C" or "Area C" means Improvement Area C of the CFD, as identified on
the boundary map for the CFD as amended fi'om time to time.
"Land Use Class" means anv of the classes listed in Table ];Table 2; or Table 3.
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"A4aximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C below that ma.' be levied in anv Fiscal Yeaz on an_v Assessor's Parcel of Taxable
Property.
"Non-Residential Properh'" means all Assessors Parcels of Developed Property for which a
building permit(s) has been issued for a structure or structures for non-residential use.
"Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Yeaz
to pay for Resource Monitoring and/or Preserve Operations and \4aintenance activities and
Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the
preceding Fiscal fear.
"Operating Fund Requirement" means for ans Fiscal Year an amount equal to the Resource
I\4onitoring Fund Requirement and the Preserve Operations and A•Iaintenance Fund Requirement
for the current Fiscal Yeaz in which Special Taxes are levied.
"Preserve Operations and D'Iaintenance" means those activities described in Attachment A
hereto \vhich is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Yeaz an
amount equal to the budgeted costs for Preserve Operations and \4aintenance plus apro-rata
shaze of the budgeted Administrative Expenses of the District for the current Fiscal Year in
\vhich Special Taxes are levied.
"Properh' Owner Association Properh'" means any property within the boundaries of Area C
of the CFD that is o\vned by; or irrevocably dedicated as indicated in an instrument recorded
with the County Recorder to, a propem• o\yner association. including any master or sub-
association.
"Public Properh•" means any property \vithin the boundaries of Area C of the CFD that is, at
the time of the CFD formation; expected to be used for anv public purpose and is owned by or
dedicated to the federal government; the State; the County; the City or anv other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide
necessary cash flow for the first six months of each Fiscal Year, working capital to cover
monitoring; maintenance and repair cost overruns and delinquencies in the payment of Special
Taxes and a reasonable buffer to present lazge variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the
preceding Fiscal Yeaz.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund
Requirement for anv Fiscal Year.
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"Residential Properh'" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one or more residential dwelling
unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management Plan
also referred to as "The Otay Ranch Resource Management Plan" dated October 28, 1993, and
the Otay Ranch Phase 2, Resource Management Plan dated June 4, ] 996, as both such plans may
be amended from time to time..
"Resource Monitoring Program" means those described in Attachment B hereto which is
incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each
Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the
Resource Monitoring Program plus a pro rata share of the budgeted Ad_m_ inistrative Expenses of
the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area C's
"fair share' shall be based on Improvement Area C's percentage of the total acreage within the
Otay Ranch General Development Plan Planning Area for which a Resource Monitoring
Program funding mechanism has been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Yeaz on each Assessor's Parcel of Developed Property and Undeveloped
Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i)
pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance
Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to
establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for Specia] Taxes
levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area C of the
CFD that are not exempt from the Special Tax pursuant to law or as defined below:
"Undeveloped Property" means; for each Fiscal Year, all Taxable Property not classified as
Developed Property.
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B. ASSIGNMENT TO CATEGORIES OF SPECIAL TA,l'
Each Fiscal Year using the definitions above, all Taxable Property within Area C,
:annexation No. 8 (Otay Ranch ~lillenia), of the CFD shall be classified as Categon~ I,
Categon~ II, Category III or Exempt. Developed Properh~, Final Map Properh~ or
Undeveloped Properh~, and shall be subject to Special Taxes pursuant to Sections C and D
below. Developed Properh~ shall be further assigned to a Land Use Class as specified in
Table L
C. >\4A~I~•IUi14 SPECIAL TAN RATES
Category I
Category I includes Developed Properh~ within the District ("Categorv I").
The A4aximum Special Tax for Resource ~•Ionitoring, and Presen~e Operations and
Maintenance for Fiscal Year 2002-2003 on Developed Property are the rates set forth in
Table 1 below. For Residential Properh~, the Special Tax shall be levied based upon
Building- Square Footage and for Non-Residential Properh~ shall be levied based on
Acreage.
TABLE 1
Maximum Special Tax for Category I
Communit~• Facilities District No. 97-2
Improvement Area C
(Fiscal Year 2002-2003)
Description Resource Operation S
A'Ionitoring Maintenance
Residential S0.0054 sq fr 50.0086/sq fr
Non- 587.3126/acre 5li8.61 ~2/acre
Residential
Categon' II
Category II includes each Assessor's Parcel of Taxable Properh~ within the District for
which a Final 11ap has been recorded, but which is not classified as a Developed Parcel
("Category II").
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The Maximum Special Tas for Resource Monitoring, and Presen~e Operations and
Maintenance approved for Fiscal Year 2002-2003 on each Assessor's Parcel in Categor,~ II
is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion of
an Acre).
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TABLE 2
DZaximum Special Tax for Categon~ II
Communii<~ Facilities District No. 97-2
Improvement Area C
(Fiscal Year 2002-2003)
Resource Operation cC
Monitoring Maintenance
58731261acre Sli8S1~2/acre
Category III
Categon~ III includes each Parcel of Taxable Properh• \vithin the District not subject to
Special Tax under any other categon' ("Category III").
The Maximum Special Taz approved- for Fiscal Year 2002-2003 on Taxable Property
\vithin Categon~ III is the rate set forth in Table 3 below (said amount to be levied pro rata
for any portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Communih' Facilities District \'o. 97-2
Improvement Area C
(Fiscal Year 2002-2003)
Resource
Monitoring Operation S
Daintenance
~6~.3004/acre X103.6696/acre
Exempt Category
The Exempt Category includes each properh~ owned, conveyed or irrevocably offered for
dedication to a public agency, or land \vhich is in the public right-of-way, unmanned utilih'
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casements 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").
Annual Escalation Of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area C shall be increased each Fiscal Year beginning in Fiscal Year
2003-2004 and thereafter by a factor equal to the annual percentage change in the San
Diego Metropo-itan Area all Urban Consumer Price Index (All Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-2004, and for each following Fiscal Year, the Council
shall levy the Area C Special Tax at the rates established pursuant to steps 1 through 4
below so that the amount of the Special Tax levied equals the Special Tax Requirement.
The Special Tax shall be levied each Fiscal Year as follows:
Step I: Determine the revenue which could be generated by Parcels assigned to Category I
by multiplying the Building Square Footage for Parcels classified as Residential Parcels by
the Maximum Special Tax per Building Square Foot for Resource Monitoring, and
Preserve Operations and Maintenance for Parcels and adding to that the maximum
revenue which could be generated by multiplying the total acres for Parcels classified as
Non-Residential Parcels by the Maximum Special Tax~per Acre for Resource Monitoring
and Preserve Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tas
Liability for Improvement Area C, reduce the Special Tax for each Parcel proportionately
so that the Special Tas leery for the Fiscal Year is equal to the Special Tax Liabilih~ for the
Fiscal Year.
Step 3:~If the total revenue as calculated in Step 1 is less than the Special Tax Liability for
Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement
Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall
be calculated as the lesser of:
(i) The Special Tax Liability for Improvement Area C as determined by the City, Icss
the total revenue generated for all Parcels under Step 1 above, divided by the total Acres
for all Parcels within Improvement Area C assigned to Category H,
OR
(ii) The Maximum Special Tas rate for Parcels assigned to Category II.
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Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liabilih', for Improvement Area C, a Special Tax shall. be levied upon each Parcel within
Improvement Area C classified as Categon• III. The Special Tas for Parcels assigned the
Category III shall be calculated as the lesser of:
(i) The Special Tax Liabilih• for Improvement Area C as determined by the Cih•, less
the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total
Acres for all Parcels within Improvement Area C assigned to Categon- III,
OR
(ii) The i\'Iasimuro Special Tas rate for Parcels assigned to Category III and within
Improvement Area C.
However, in the event it is determined that the Special Tax Liabilih• for Improvement Area
C includes delinquent Special Tases from Parcel in Category III from the prior Fiscal
Pear, the Cih• shall determine the amount of delinquent lases that arose from such Parcels
and identify the owner(s). The amount of delinquent Special Tases, if any, that arose from
the applicable owner(s) shall first be divided by the total Categon• III Acres owned by such
owner(s) and collected from the applicable owner(s) with the remaining portion of the
Special Tas Liability not related to delinquent Special Tases to be collected from all
Parcels in Categorv III according to the procedure set forth in the preceding paragraph.
Nohvithstanding the above, under no circumstances will the Special Tas levied against any
Assessor's Parcel of Residential Property or Dlulti-Family Property for which an
occupancy permit for private residential use has been issued be increased by more than ten
percent annually up to the Alasimum Special Tax as a consequence of delinquency or
default by the owner of any other Assessor's Parcel within Area C of the CFD.
E. APPEALS
An.' landowner or resident who pays the Special Tax and believes that the amount of the Special
Tax levied on their Assessors Parcel is in error shall first consult with the CFD Administrator
regazding such error. If following such consultation. the CFD Administrator determines that an
error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on
such Assessors Parcel If following such consultation and action, if anv, by the CFD
Administrator, the lando«ner or resident believes such error still exists. such person may file a
HTitten notice with the City Clerk of the City appealing the amount of the Special Tax levied on
such Assessor's Pazcel. Upon the receipt of any such notice; the City Clerk shall forward a copy
of such notice to the City Manager who shall establish as part of the proceedings and
administration of the CFD, a special three-member Review/Appeal Committee. The
Review/Appeal Committee mati~ establish such procedures. as it deems necessary to undertake
the revie~;~ of anti such appeal. The Review/Appeal Committee shall interpret this Rate and
Method of Apportionment and make determinations relative to the annual administration of the
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Special Tax and any landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad vnlorem property taxes; provided, however, that the CFD
Administrator may direct)}~ bill the Special Tax, may collect Special Taxes at a different
time or in a different manner if necessary to meet the financial obligations of Area C of the
CFD or as othernise determined appropriate by the CFD Administrator.
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G. TERi14 OF SPECIAL TAa
Taxable Property in Impro~~ement Area C of the CFD shall remain subject to the Special
Tax in perpetuity.
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Attachment A
Description of Presen~e Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance; operation and management of
the public or private property within boundaries of the Otay Ranch Preserve, as such boundaries
may be modified from time to time, required by the Resource Management Plan to be maintained
as open space or habitat preservation land or both. Such maintenance, operations and
management shall include, but not be limited to; the follov~ing:
(i) Preserve Maintenance. Development, implementation and ongoing
provision of programs to maintain; operate and manage preserve habitat values
through: cultivation, irrigation, trimming. spra}~ing, fertilizing, and/or treatment of
disease or injury; removal of trimmings; rubbish, debris and other solid waste;
maintenance of trails; removal and control of exotic plant species (weeds): and
control of cowbirds through trapping.
(ii) Security. Development, implementation and ongoing provision of security
programs to: enforce "no trespassing" rules; curtail activities that degrade
resources; such as grazing, shooting, and illegal dumping; remove trash. litter; and
other debris; control access; prohibit off-road traffic; and Iaintain fences and
trails.
(iii) Preserve improvements: Acquire equipment and/or install improvements
necessary to maintain, operate and. manage the open space and habitat
preservation land described above.
The above description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation land
within the Otay Ranch Preserve may be modified from time to time as necessary in order to
effectively provide such services in compliance with the requirements of the Resource
Management Plan.
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Attachment B
Description of Resource Donitoring
Implement the annual biota monitorinc and reporting program consistent \vith the Resource
A4anagement Plan to identify chances in the quality' and quantity of preserve resources including
wildlife species; sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring is General in nature. The actual monitorinc
and reporting program may be modified from time to time as necessary in order to effectively
provide such sen'ices consistent \vith the requirements of the Resource Management Plan.
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