HomeMy WebLinkAbout2013/09/17 Item 11 ��--_..,:�`"°_,/�.
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CHULA VISfA
09/17/13 Item�L
ITEA4 TITLE: PUBLIG HEARLI'G REGARDI\G Ai1�TE\.ATION OF
TERRITORI' TO COD'I1IUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE 11AINTENANCE DISTRICT)
RESOLUTION OF THE CITY COiJNCIL OF THE CITY
OF CHi1ZA VISTA, CALIFOR\IA, ACTI\'G AS THE
LEGISLATIVE BODI' OF C01�i 4UNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE A4AINTENAI�'CE
DISTRICT), n'fAKi\`G CERT.AIN DETER��IINATIONS
Ai\'D AUTHORIZI\G SUBAIITTAL OF LEVI' OF
SPECL�I. TAJ+ES TO THE QUALIFIED ELECTORS OF
CERTAIN TERRITORY PROPOSED TO BE A\7�XED
TO C0�11�NNIT1' FACILITIES DISTRICT NO. 97-2
(PRESERVE A'IAINTEN.AIVCE DISTRICT) A\D
I�ZPRO�'E14ENT AREA "C"THERETO
CITY CLERK CONDUCTS SPECIAL ELECTION
RESOLUTION OF THE CITY COUNCIL OF THE CITl'
OF CHUZA VISTA, CALIFOR�\'IA, ACTI�`G I\' ITS
CAPACITP . AS THE LEGISLATIVE BODY OF
COA'In1L7'ITY FACILITIES DISTRICT NO. 97-2
(PRESERVE A'Ir1INTENANCE DISTRICT), DECLARING
THE RESULTS OF A SPECI.•1L ELECTION IN TFL�,T
TERRITORP DESIGNATED AS COn1D'I[J�TTY
FACILITIES DISTRICT NO. 97-2 (PRESERVE
A'IAIl�'TEN�'CE DISTRICT), In4PROVEnZENT AREA
"C," dL\'�TE�1TI0\' NO. 8, �\D ADDING SUCH
TERRITOR7' TO StiCH I�ZPROVEi11ENT AREA
SUBA4ITTED Bl': DIRECTOR OF DEV"ELOPA4ENT SERVICES '�/�7 �
RE�'IER%ED BY": CIT1' nti�\'AGE��r�,S ,
4/STHS VOTE: I'ES NO �
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09/17/l3, Item /�
Page 2 of 6
BACKGROUND
On August 10, 2013; the Cit�� Council initiated tl�e Communit}� Facilities District No. 97-
2 (Preserve Maintenance District) ("CFD I�'o. 97-2") annexation proceedings by adoption
of Resolutions 2013-163 and 2013-164. Tonight's action are tbe next steps in the formal
proceedinas to annex the territory within Otay Ranch Millenia into CFD No. 97-2 and
Improvement Area C thereof: (a) conducting a public heazing pertaining to the proposed
annexation and (b) iinmediately following such public hearing, conducring an election of
tbe qualified electors re�arding the autl�orization to levy special ta�es within Otay Ranch
Millenia and, following the canvas of the ballots received, declaring the results of such
election. Special ta�:es levied N�ithin Improvement Area C fund the costs of the Resource
Monitoring Program as well as Preserne Operations and Maintenance consistent N�ith the
requirements of the Ota}� Ranch Resource Management Plan Phases I and II, plus a pro-
rata share of Administrative Eapenses of CFD No. 97-2. The City has retained the
services of NBS Go��ernment Finance Group as special taY consultant and Best, Best; and
Krieger, LLP; as legal counsel to provide assistance during the proceedings.
ENVIRONn1ENTAL REVIEW
The En��ironmenlal Review Coordinator has revieti�ed the proposed activity for
compliance with the Califorrua Environmental Qualiry Act (CEQA) and has determined
that the activity is not a "Project' as defined under Section 15378 of the State CEQA
Guidelines because the creation of goverivnent funding mechanism is not considered a
project therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessazy
RECOMAZENDATION:
That CounciL•
1. Open Public Hearing and receive testimony from the public;
2. Approve the resolution making determinations and authorizing s'ubmittal of le��}�
of special taxes to the qualified electors of certain territory proposed to be
annexed to CFD No. 97-2. �
3. Allow the City Clerk to conduct the Special Election and canvas the ballots
recei��ed. If the le��}� of special tax is approved by the qualified electors; then,
4. Approve the resolution declaring the results of special election and adding such
territory designated as CFD No. 97-2, Improvement Area C, Amiexation No. 8 to
CFD No. 97-2; Improvement Area C.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In July 1998, Council fonned Conununity Facilities District No. 97-2 (Preserve
Maintenance District). CFD No. 97-2 was originally divided into two Impro��ement
Areas, Improvement Area A and Improvement Area B; that were designated when CFD
No. 97-2 was formed. Special taxes levied ti�ithin Improvement Area A fund the costs of
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09/17/13, Item�
Pase 3 of 6
the" Resource A4onitoring Program as N�ell as Preserve Operations and �4aintenance
n7thin the uutial boundaries of the Ota� Ranch Presene. Special taxes leried ���ithin
Improvement Area B onl�� fund the Resource A4onitoring Pro�ram ��ithin that same area.
Improvement Area C ti�as designated subsequent to the formation of CFD 97-2 and the
designation of Improvement Areas A and B. Special ta�es le��ied N�ithin Improvement
Area C pa�� for both Preserve Operations and n4aintenance and the Resource Monitorine
Program consistent N�ith the requuements of the Otay Ranch Resource D4anaeement Plan
Phases I and II plus a pro-rata shaze of Administrative Expenses of CFD No 97-2. It is
necessan� to annex territorv into Improvement Area C of CFD I�'o. 97-2; as such
boundaries mav be modified from time to time.
Territon Proposed to be Anne�ed
The proposed boundaries of the territoq� proposed to be annexed to Improvement Area C
of CFD No. 97-2 encompass the pazcels located within the Eastem Urban Center kno«m
as Otati� Ranch I�4iilenia. Otav Ranch A4illenia is an Urban Villaee of approxirnateh� t��o
hundred Seven (207) acres located just south of Birch Road; east of SR12�; west of
Eastlal:e Pazk�vav and north of Hunte Pazk«=ay. SLF TV/?�4eMillin Millenia JV; LLC
o��ms the property �+�ithin the proposed annexation and the project is proposed for
approximateh 3,000 multi-famil�� apartments, seventv si� acres of commercial. six pazks;
a fire station and a libran�. The Cit�� Council pre��iousl�� appro��ed an annexation
boundan map for this temtor}�= identified as Annexation ?�4ap i�'o. 8; CFD No. 97-2
(Presen�e I�4aintenance District), Impro��ement Area C. A reduced cop}� of ttie map is
presented in Ethibit "C".
Proposed Special Tas
The rate and method of apportionment of the special ta�:es authorized to be le��ied ���ithin
'the existine boundaries of CFD \'o. 97-2 has five cateeories of taxation; as follow�s:
1. De��eloped Pazcels aze those pazcels for ���hich a buildino permit has been issued.
De�eloped Pazcels (Single Famil} and ?�4ulti-Familti� Residences) aze taxed based
on the squaze footage of the structure. Developed Pazcels of Industrial and
Commercial Pazcels aze taxed on the acreage of the parcel.
2. The Final 1�4apped properties; ���hich include all single-family residential and
multi-family residential pazcels and all industrial and commercial parcels created
b�� a final subdi��ision map but for «hich a buildino permit has not been issued; aze
ta�ed on acreage of the pazcel.
3. linde��eloped Property, i.e.. Taaable Propert�� not categorized as De��eloped or
Final A4apped Propert��; is taaed on acreage of the parcel.
4. The Esempt Category indudes all publich� o��ned parcels and Homeo�+mer's
Association pazcels.
The Rate and A4ethod of Apportionment for Anne�atio❑ No. 8 uses the same
methodolog}� and ma�imum special tax rates as contained in the original rate and method
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Paee 4 of 6
of apportionment approved at the time of the designation of Improvement Area C of CFD
I�To. 97-2.
Collection of Taxes
At the beginning of each fiscal year the administrator of CFD No. 97-2 shall determine
the amount of the Special Tax Requirement (budget plus reserve) of each Improvement
Area. Then; the special taaes will first be levied within each of the Improvement Areas
on the Developed Pazcels therein to fund the Special Tax Requirement for such
lmprovement Area. If this pool of funds is not enough to fund the Special Tax
Requirement for such Improvement Area, as may be the case in the early yeazs of
development, CFD No. 97-2 will le�ry the special tax on the vacant land within such
Improvement Area startine ��.�ith Final Mapped Property. The buffer of having the vacant
land co��ering any portion of the Special Taa: Requirement not funded from special taxes
levied on Developed Parcels N�ithin an Improvement Area will disappear once the
Improvement Area has been fully developed. If the Special Taz Requirement for any
fiscal year for an Improvement Area is ]ess than the maximum special tax authorized to
be levied on the Developed Pazcels within such Improvement Area, the actual rate of the
special taxes to be ]evied on such Developed Property in that specific year U=ill be
reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (RI�4A) of Special Taxes ' proposed to be established for the territory
proposed to be annexed to CFD No. 97-2; Improvement Area C: (See Exhibit "A" for full
description of RIvIA):
The Maximum Special Tax Rates increase each year by a factor equal to the annual
percentage change in the San Diego A�etropolitan Area All Urban Consumer Price Index
(All Items).
The RMA provides that the annual budget for any year may include an amount deemed
necessary to maintain an adequate level of the operaring reserve fund.
The maximum special tax rates are based on the. original RM A of special taxes
established for Improvement Area C of CFD No. 97-2 when lmprovement Area C N�as
designated. If the actual square footage of residential development and/or the acreaoe of
non-residential (industrial and commercial) development within Improvement Area C
meets or exceeds the projections o� «�hich the special tax rates were based, the actual
special tax rate necessary to be levied annually within Impro��ement Area C to fund the
Special Tax Requirement for Improvement Area C may be less than tl�e authorized
maximum special taa.
Appro��ed Maximum Special Taxes
Tbe appro��ed maximum and actual special tax rates for fiscal year 2013/14 for
Improvement Area C of CFD No. 97-2 are as follows:
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09/17/li, Item�
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Table l. A4aximum Special Ta� for �4onitorine
Special Tax Categon� �4aximum Special Tax
(1Vlonitoring)
Residential er s uaze foot) � �0.0072 �
1�'on-Residential er acre) � �] 17..i63�
Final ?�4a Pro em er acre) � �I 17..i63�
Undevelo ed Pro ert�� er acre) � �7�.7464
Table 2. A4atimum Special Ta� for Operations cC D4aintenance
Special Tas Categor�' Alasimum Special Ta�
(O erations & Dlaintenance
Residential er s uare foot) �0.011�
I�'on-Residential er acre) 5186.3232
Final D4a Pro em� er acre) � �186.3232 � �
Unde��eloped Pro ertti� (per acre) � �120.2�36
Resolution
There aze t��o resolutions on today`s agenda; �vhich, if adopted. «�ill accomplish the
followine:
The RESOLUTION 1�4AKIIvG DETERA4IIVATIONS is the formal action of the City
Council mal:ing certain findines and determinations pertauune to the anneaation of Ota��
Ranch ?�4illenia to CFD I�TO. 97-2; Improvement .Area C. and authorizes the electors of
such territory to ��ote on the authorization to le�� special ta�es ���ithin such temtory.
Follo���ins adoption of the RESOLUTIOI�' A4AKIi�'G DETERI�4I�'ATIO\S_ The Ciri�
Clerk, acting as the designated eleetion official; �i=ill hold a special election within the
temtory proposed to be annexed to CFD \'o. 97-2; Improvement Area C. at ���hich time
the qualified electors of such temtor�. being the o��ners of land «ithin such temtory, ���ill
be entitled to ��ote on a ballot proposition to authorize the le«� of the special taxes
described abo�e ��ithin such territor��. Immediateh� followinQ the receipt of the ballou
from the qualified electors_ the Cit�� Clerk shall cause tbe ballots recei�ed to be can��ased.
Upon completion of the canvas, the Cin� Clerk ���ill report the results of the election to the
Ciri°Council.
The RESOLUTION DELARING RESULTS OF SPECIAL ELECTION is the formal
action of the Cit}� Council declarine the results of the special election and, if the le��� of
such special tax is appro��ed bv th�e qualified electors, ordering the anne�ation of Ota��
Ranch A4ilienia to Improvement Area C of CFD No. 97-2.
DECISION DIAKER CONFLICT
Staff has re��ie�ved the propem•holdings of the Cin� Councii and has found no propert��
holdings ��ithin �00 feet of the boundaries of the propem�, �vhich is the subject of this
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09/17/13, Item ��
Paee 6 of 6
action. Staff is not independently a���aze, nor l�as staff been informed by any Ciry Council
member; of anv other fact that may constitute a basis for a decision maker conflict of
interest in this matter.
CURRENT I�AR FISCAL IMPACT
Developer is responsible for all costs associated with the Annexation No. 8 to CFD 97-2.
The Cit}� will recover the full cost of staff time expended in Annexation No. 8, thus there
���ill be no fiscal impact.
ONGOING FISCAL IMPACT
The on-going administration �vill be funded entirely by the district; therefore there is no
fiscal impact.
Exhibits: "
"A" Rate and Method of Apportionment
"B" Annexation A4ap
Prepared by: Chester Baulisla, Associale Civil E�zgzneer, Develo�rnent Sernices
Deparmzen�
H:IDSD49gendas and Resos,most up ro date version1201319-17-20l31PH-E(ection Results�Annesation h'o 8 CFD 97-?Agenda
Stml.doc
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City of Chula Vista
Community Facilities District No. 97-2 (Preserve Maintenance District)
Improvement Area C, Annexation No. 8
Special Tax Report
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August 2013 � � ��_
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TABLE OF CONTENTS
INTRODUCTION 1
DESCRIPTION OF SERVICES 2
BOUNDARIES OF DISTRICT 3
COST ESTIMATE 4
Initial Maximum Amount Proposed to be Expended ..............................................................4
Fiscal Year 2013/14 Maximum Special Tax Rates ................................................................4
RATE AND METHOD OF APPORTIONMENT 5
Termof Special Tax..............................................................................................................5
Mannerof Collection .............................................................................................................5
APPENDICES s
APPENDIX A — BOUNDARY MAP
APPENDIX B — RATE AND METHOD OF APPORTIONMENT
APPENDIX C — RESOLUTION OF INTENTION
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INTRODUCTION
The City Council (the "City Council") of the City of Chula Vista (the "City°) did, pursuant to the
provisions of the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California
Government Code; hereafter referred to as the "Act"), on August 13, 2013, adopt a resolution entitled the
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),
Improvement Area "C" thereto (the "Resolution,of Intention"); a copy of this resolutions is included herein
as Appendix C of this report. In the Resolution of Intention, the City Council expressly approved the
direction to prepare a written Community Facilities District Report (the "Report"), for the proposed City of
Chula Vista Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area C,
Annexation No. 8 (the "District').
In the Resolution of Intention, the City Council expressly ordered the preparation of a written
Report for the District containing the following:
1. A brief description of the services to be funded by the District; and
2. An estimate of the fair and reasonable initial annual cost of providing the services, including
the incidental expenses in connection therewith, any City administration costs and all other
related costs.
For particulars, reference is made to the Resolution of Intention for the District, as previousiy
adopted on August 13, 2013 by the City Council.
NOW, THEREFORE, the Report has been prepared by, or under the direction of the Director of
Public Worics of the City, the appointed responsibie o�cer directed to prepare the Report or cause the
Report to be prepared pursuant to the provisions of the Act and does hereby submit this Report
containing the following information:
• DESCRIPTION OF SERVICES. A description of the services that the City Council has
determined to be eligible to be funded by the District.
• BOUNDARIES OF THE DISTRICT. The proposed boundaries of the District are those
properties and parcels on which special taxes may be levied to pay for the costs and
expenses of the services.
• COST ESTIMATE. The initial maximum cost estimate for the District services and the
anticipated initial maximum special tax revenue.
• RATE AND METHOD OF APPORTIONMENT. The Rate and Method of Apportionment of
Special Tax which was inciuded in the Resolution of Intention and approved by the City
Council.
Community Facilities District No. 97-2 (Preserve Maintenance District) 1
Special Tax Report
Prepared by NBS on behalf of the City of Chula �s�a 9August 2013
DESCRIPTION OF SERVICES
It is intended that the District will be eligible to fund all or a portion of the costs of the maintenance of
preserve operations, maintenance, and resource monitoring to the Otay Ranch Preserve. The District
may fund any of the following related to the maintenance of the services described below:
Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and management of
the public or private property within the boundaries of the Otay Ranch Preserve, as such
boundaries may be modified from time to time, as 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 following:
• Preserve Maintenance — Development, implementation and ongoing provision of
programs to maintain, operate and manage preserve habitat values through: cultivation,
irrigation, trimming, spraying, fertilizing, and/or treatment of disease or injury; removal of
trimmings, rubbish, debris and other solid waste; maintenance of trials; removal and
control of exotic plant species (weeds); and control of cowbirds through trapping.
• 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 tra�c; and maintain fences and trails.
• Preserve Improvements — Acquire equipment and/or install improvements necessary to
maintain, operete and manage the open space and habitat preservation land.
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 requirement of the Resource
Management Plan.
Resource Monitorinq
Implement the annual biota monitoring and reporting program consistent with the Resource
Management Plan to identify changes 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 monitoring
and reporting program may be modifed from time to time as necessary in order to effectively
provide such services consistent with the requirements of the Resource Management Plan.
The District may fund any of the following related to the maintenance of the services described above:
obtaining, reconstructing, furnishing, operating and maintaining equipment, apparatus or facilities related
to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be
maintained, paying the salaries and benefits of personnel necessary or convenient to provide the
services, and other related expenses and the provision of reserves for repairs and replacements and
for the future provision of services. It is expected that the services will be provided by the City, either
with its own employees or by contract with third parties, or any combination thereof. The District may
also fund administrative fees of the City related to the District.
Community Facilities District No. 97-2 (Preserve Maintenance District) 2
Special Tax Report �l 1 n
Prepared by NBS on behalf of the City of Chula ViSta�X�ugust 2013
BOUNDARIES OF DISTRICT
The proposed boundaries of the District are those parcels on which special taxes may be levied and
collected to pay for the costs and expenses of the District services. The proposed boundaries of the
District are identified on the map of the District recorded on August 19, 2013, in Book 44 at Page 26 of
Maps of Assessment and Community Facilities Districts as Document No. 2013-0518495 in the offce of
the County Recorder for the County of San Diego. The District map is on file with the City Clerk, to which
reference is hereby made and a reduced copy of such map is set forth in Appendix A of this Report.
Community Facilities District No. 97-2 (Preserve Maintenance District) 3
Special Tax Report �t
Prepared by NBS on behalf of the City of Chula Vi�ta�bugust 2013
COST ESTIMATE
Initial Maximum Amount Proposed to be Expended
The annual budget presented below represents the initial maximum costs for providing the District
servicea
2013114
District Costs Maximum Amount
Annual Services/Administrative Costs $41,610.80
Fiscal Year 2013/14 Maximum Special Tax Rates
The initial maximum special tax rates are set forth in the Rate and Method of Apportionment for the
District. The Fiscal Year 2013/14 maximum special tax rates are listed below.
2013114 Maximum
Descri tion S ecial Tax Rate`
Category I - Residential Property— Preserve $0.0115
O erations & Maintenance
Category I - Residential Property— $0.0072
Resource Monitorin
Category I - Non-Residential Property— �186.3232
Preserve O eration 8 Maintenance
Category I - Non-Residential Property— $��7.3635
Resource Monitorin
Category II — Final Map— Preserve $186.3232
O eration & Maintenance
Category II — Final Map— Resource ���7.3635
Monitorin
Category III — Undeveloped— Preserve g�202536
O erations & Maintenance
Category III — Undeveloped — Resource �75.7464
Monitorin
' The Maximum Special Tax Rates listed above may escalate annually, starting
in July 2014 and each year thereafter based upon the annual escalation facfor
defned in the Rate and Method of Apportionment.
Community Facilities District No. 97-2 (Preserve Maintenance District) 4
Special Tax Report �t ?
Prepared by NBS on behalf of the City of Chula Vi�ta �7�ugust 2013
RATE AND METHOD OF APPORTIONMENT
All of the property located within the District, unless exempted by law or by the Rate and Method of
Apportionment, shall be taxed for the purpose of providing necessary services for the District. Pursuant
to Section 53325.3 of the Act, the tax imposed "is a special tax and not a special assessment, and there
is no requirement that the tax be apportioned on the basis of benefit to any property." The special tax
"may be based on benefit received by parcels of real property, the cost of making facilities or authorized
services available to each parcel, or other reasonable basis as determined by the legislative body,"
although the special tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the
California Constitution.
As shown in Appendix B, the adopted Rate and Method of Apportionment provides information sufficient
to allow each property owner within the District to estimate the maximum special tax that he or she will be
required to pay.
Term of Special Tax
The District special tax shall be Ievied as long as necessary to meet the annual special tax requirement.
Manner of Collection
The annual special tax shall be collected in the same manner and at the same time as ordinary.ad
valorem property taxes; provided, however, that the District, may directly bill the special tax, and may
collect special taxes at a different time or in a different manner as necessary to meet its financial
obligations.
Community Facilities District No. 97-2 (Preserve Maintenance District) 5
Special Tax Report 4
Prepared by NBS on behalf of the City of Chula �i�ta �7.ugust 2013
APPENDICES
Boundary Map A
Rate and Method of Apportionment B
Resolution of Intention C
Community Facilities District No. 97-2 (Preserve Maintenance District) 6
Special Tax Report
Prepared by NBS on behalf of the City of Chula �Vi�ta��ugust 2013
APPENDIX A - BOUNDARY MAP
The boundary map for the District is shown on the following page. The lines and dimensions of each
tot or parcel within the District are those lines and dimensions shown on the maps of the County
Assessor, at the time this report was prepared, and are incorporated by reference herein and`�made
part of this Report.
11 -15
APPENDIX B - RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the DistricYs Rate and Method of Apportionment included in
the Resolution of Intention and app�oved by the City Council on August 13, 2013.
c
11 -16
EXHIBIT A '
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
RATE AND 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 2002-3 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 purposed, to the extent and in the manner
herein provided.
A. DEFINITIONS
The terms hereinafter set foRh have the following meanings:
"Acre or Acreage" means the land are of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel
Map, the land area shown on the applicabie Finai Subdivision Map, 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 Parcel is equal to the Acreage multiplied by 43,560.
"AcY' 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 of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the
City, acting for an on behalf of the CFD as the administrator thereof, to determine,
levy and collect the Special Taxes, including the salaries of City employees and a
proportionate amount of the City's general administrative overhead related to the
administration of the CFD; the costs of collected 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 o�cial map of the Assessor of the County
designating parcels by assessor's parcel number.
"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.
11 -17
"CFD Administrator" means an office 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 Dist[ict 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 Assessors'
Parcels which are classified as community purpose facilities and meet the
requirements of City of Chula Vista Ordinance No. 2452. _ _
"Councii" means the City Council for the City of Chula Vista, acting as the
legislative body of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means aII Taxable Property for which a building permit was
issued prior to the March 1s` 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
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
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 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 of Table 2.
"Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C below that may be levied in any Fiscal Year on any
Assessor's Parcel 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.
11 -18
"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 RequiremenY' means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and Preserve Operation and Maintenance
Fund Requirement for the current Fiscal Year 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 Fund RequiremenY' means for any
Fiscal Year an amount equal to the budgeted costs for Preserve Operations and
Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the
District for the current Fiscal Year in which Special Taxes are 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, a property 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 eh 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 overruns and
delinquencies in the payment of Special Taxes and a reasonable buffer to prevent
large 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 Year.
"Reserve Fund RequiremenY' means the amount equal to up to 100% of the
Operating Fund requirement for any Fiscal Year.
"Residential Property" means all Assessors' Parcels of Developed Property for
which a building permit(s) has been issued for purposes of constructing one or more
residential dwelling unit.
"Resource Monitoring Program" means those described in Attachment B hereto
which is incorporated herein by this reference.
"Resource Monitoring Fund RequiremenY' means for any Fiscal Year an amount
for each Improvement Area equal to the Improvement Area's fair share of the
11-19
budgeted costs of the Resource Monitoring Program plus a pro rata share of the
budgeted Administrative Expenses for the CFD for the current Fiscal Year.in which
Special Taxes are levied. An Improvement Area's "fair share" 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 Section C
and D below in each Fiscal Year on each Assessor's Parcel of Developed Property
and Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax RequiremenY' means that amount required in any Fiscal Year for
Area C to: (i) pay the Resource Monitoring 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_Special 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 pursuance to law or as
defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. 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'II, Category III or Exempt.
Developed Property, Final Map Property or Undeveloped Propertjr, and shall be
subject to Special Taxes pursuance to Sections C and D below. Developed Property
shall be further assigned to a Land Use Class as specified in Table 1.
C. MAXIMUM SPECIAL TAX RATE
Category I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserving Operations and
Maintenance that may be levied for Fiscal Year 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.
11 -20
TABLE 1
Maximum Special Tax for Category I
Community Facilities District 97-2
Improvement Area C
Resource Operations 8
Description Monitoring Maintenance
Residential $0.0054 50.0086
Non-Residential �87.3126 �138.6152
Category II
Category 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 Year 2002/03 on each Assessor's Parcel
in Category II shall be shown in Table 2 below (said amount to be levied pro rata for
any portion of an Acre).
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation 8 Maintenance
587.3126 per Acre 5138.6152 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 Maximum 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 rate for any portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area C
( Resource Monitoring Operation 8 Maintenance
�56.3516 per Acre 589.4627 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
11 -21
forth in the easement impractical, common areas, private streets and parcels, and
open space lots ("Exempt Category").
In some instance 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 levies that may be
levied on all Land Uses Classes located on that Assessor's Parcel. The CFD
Administrator's shall determine the allocation each Land Use Class.
Annual Escalation of Maximum Special Taz
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 2003-04 and thereafter by a factor equal to the annual percentage change in
the San Diego Metropolitan Area all Urban Consumer Price Index (All Items).
D. METHOD OF APPORTIONMETN OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04, 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 1: 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 Maintenances.
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 Fiscal Year is equal to the Special
Tax Liability 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 the 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 Parcels assigned to Category II.
11 -22
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 Special Tax for Parcels
assigned the Category III 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 and 3 above,
divided by the total Acres for all Parcels within Improvements Area C
assigned to Category III,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special 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 parcels 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 from the applicable
owner(s) with the remaining poRion of the Speciai Tax Liability no 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 with the Special Tax be 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 annualiy 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 the amount of
the Special Tax levied on their Assessor's Parcel is in error shall first consult with the
CFD Administrator regarding 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 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 with the
City Cierk of the City appealing the amount of the Special Tax levied on such
Assessor's Parcel. Upon the receipt of any such notice, the City Cle�k 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 may establish such procedures, as it
deems necessary to undeRake 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 shal� be final and binding as to all persons.
11 -23
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 valorem 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 obligation of Area C of the CFD or as otherwise determined appropriate by
the CFD Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Area C of the CFD shall remain subject to the Special Tax in
perpetuity.
11 -24
APPENDIX C - RESOLUTION OF INTENTION
The following pages provide a copy of the Resolution of Intention as approved by the City Council on
August 13, 2013.
11 -25
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; „ -26
RESOLUTION NO.
RESOLtiTION OF THE CITY COUI�'CIL OF THE CITI' OF
CHULA VISTA. CALIFORNIA_ ACTI?�'G AS THE
LEGISLATIVE BODY OF CO\4D4UNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE D4AlI��TENANCE
DISTRICT); MAKIIvG CERTAIi�' DETERI�4INATIO\'S AND
AUTHORIZII�'G SUB�4ITTAL OF LEVY OF SPECLAL TAXES
TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORI'
PROPOSED TO BE ANI�TEXED TO COMA4iINIT1' FACILITIES
DISTRICT NO. 97-2 (PRESERVE �4AI\TTENANCE DISTRICT)
A�1D I�4PROVEn4E\zT AREA "C ' THERETO
\�'HEREAS. the CITY COiTi�TCIL of the CITY OF CHULA VISTA. CALIFOR\'IA.
(`Cit�� CounciP-); formed a Communitv Facilities District and desianated certain improvement
azeas therein pursuant to the terms and provisions of the "Mello-Roos Communin Facilities Act
of 1982", bein� Chapcer 2.5, Part l; Division 2, Title 5 of the Go��emment Code of the State of
Califomia (the "Acr'), and the City of Chula Vista Communin� Facilities District Ordinance
enacted pursuant to the po���ers resen�ed by the Cit�� of Chula \'ista under Sections 3, � and 7 of
Article XI of the Constimtion of the State of California (the "Ordinance'�) (the Act and the
Ordinance may be referred to collectivel�� as the "Communitv Facilities District LaN '). The
Communitv Facilities District has been designated as COA4I�4Ui�'ITI' FACILITLES DISTRICT
NO. 97-2 (PRESERV"E MAIi�TTENAI��CE DISTRICT) (the �`District") and the Improvement
Areas H�ere desi�nated as IMPRO\�EMENT AREA "A;" I?�4PR0V'EME\�T AREA "B" and
IA4PR0\'EA4ENT AREA ��C" of such District; and
�4'HEREAS; the City Council; at the request of the o��ner of that propem located in Otay
Ranch Millenia, initiated proceedines pursuant to the Communitv Facilities Disvict Law to
annex such territor�� to the District and Impro��ement :�rea "C" thereto; and
\VHEREAS; notice of a public hearine relating ro the annexation of such territor�� to the
District and Improvement Area "C,° the extent of the territor}� to be anne�ed; the furnishine of
certain public services and all other related matters has been Qiven; and
\'�'HEREAS; the territor�� proposed to be annexed is l:no��m and designated as
CO���LT�'ITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MF.I�'TE\?ANCE
DISTRICT); IMPROVEMEN7� AREA "C;" A\TIVEXATI01\T\'O. 8 (the "Territory ): and;
�\'HEREAS, it has no��� been determined that ���ritten protests have not been recei��ed bv
�0% or more of the reeistered voters residin� either H�ithin the Territory or Improvement Area
"C" and/or propem� o���ners representing more than one-half (1/2) or more of the azea of land
��=ithin the Territor�� or �ti�ithin Improvement Area "C°: and
\�'HEREAS; inasmuch as there have been less than twelve (12) persons registered to vote
«ithin the Territory for each of the 90 precedine days, this leeislative bod}� desires to submit the
le�y of the required special tax to the lando���ners of the Territory; such lando��mers bein� the
qualified electors as authorized b}� la�v.
1:V+nomev�Fl\'AL RESOS AND ORDINA\CES�2013\09 17 13\DSD-TA3i LEVY Resolution re Submiaals of Lev��of
Special Taxes[o Qualified Electors re Mnezation\o % -CFD.doc
9/6/?013 1 I:d-1 A.�4
� � -2�
Resolution No.
PaQe 2
NO���. THEREFORE. BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals The above recitals aze all true and correct.
SECTION 2. Determinations It is determined by tl�is City Council that:
(a) all proceedings prior hereto were valid and taken in conformity ��ith the
requirements of law, and specifically the provisions of the Community
Facilities District Law, and this finding is made pursuant to the pro��isions
and authorization of Section 5332�.1 of the Government Code of the State
of California;
(b) the annexation of the Territory to Improvement Area "C° as proposed
conforms N�ith 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 Tenitory
for each of the ninety (90) days preceding the close of the public hearinQ
and; consequently, the qualified electors shall be the lando�mers of the
Territor}� 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 oHms within
the Territory;
(d) the time limit specified by the Community Facilities District Law for
eonducting an election to submit the levy of the special taxes to the
qualified electors of the Territory and the requirements for impartial
analysis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the Tenitory;
(e) the City Clerk, acting as the election official, has consented to conductine
any required election on a date which is less than 125 davs followina the
adoption of any resolution a�mexing the Territory to the District; a��d
(� the public services described in Section 4 herein proposed to be financed
from the proceeds of special taxes to be levied within the Territory are
necessary to meet increased demands placed upon the City as a result of
de��elopment and/or rehabilitation occurring in the Territor}�.
SECTION 3. Boundaries of the Territorv The boundaries and parcels of ]and the
Territory and in N�hich the public semices are to be provided and on which special taxes will be
levied in order to pay the costs and expenses for such public services are generally described as
follows:
All that Territory proposed to be annexed to the District and
Improvement Area `C" thereto, as such property is shown on a
map as previousl�� approved by this legislative body, such map
� entitled "Annexation D4ap No. 8 City of Chula Vista Communiry
J:V+ttorne}'\FINAL RESOS AND ORDIIJANCES\2013\09�I7 ]3\DSD-TAX LEVY Resolution re Submittals of Levy of
Special Tases to Qualified Electors re Annesation No 8 -CFD.doc
9/6/2013 I 1:44 AA1
� � -28
Resolution No.
Pase 3
Facilities District No. 97-2 (Presen�e Maintenance District),
Impro��ement Area `C`, Ciri� Of Chula Vista, Count}� Of San
Diego; State Of Califomia" (the "Annexation I�4ap '); a copy of
��hich is on file in the Office of the Cirv Clerk and shall remain
open for public inspection.
SECTION 4. Descriotion Of Services The sen�ices that aze authorized to be financed
from the proceeds of special taxes leried �aithin Lnprovement Area "C` are certain sen�ices
���hich aze in addition to those services that ���ere pro��ided in or required for lmpro��ement Area
"C" prior to the formation of the District and the desienation of Impro��ement .Area "C" and did
not replace sen�ices alread�� available in the District or lmpro�ement Area "C ` at the time of
formation of the Disvict and the designation of Improvement Area "C". A seneral description of
the services authorized to be financed b}� the District within Impro��ement Area �`C' is as
follo��s:
The monitoring, maintenance, operation and manasement of public
property in which the Cin� has a property interest and ���hich
conforms to the requirements of the Ordinance or pm�ate propen.�
��ithin the Ota�� Ranch Preserve ���hich is required by the Preserve
O�i�ner/1�4anager to be maintained as open space or for habitat
maintenance or both. Such property ma�� be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the Citv of Chula Vista. Such senices shall not include the
maintenance, operation and/or management of any property
o«ned; maintained, operated and/or managed by the federal and/or
stare eovemment as open space, habitat maintenance and/or for
any other purpose.
The District shall finance all direct. administrati�re and incidental annual costs and
expenses necessary to provide such monitorine, maintenance, operation and manaeement of such
public property.
The same t��pes of sen�ices ���hich are authorized to be financed by the District from the
proceeds of special taxes levied ���ithin Improvement Area "C" are the n�pes of services to be
financed from the proceeds of special taxes le��ied ��ithin the Territor��. If and to the e�tent
possible such sen�ices shall be provided in common �+�ith Impro��ement Area "C° and the
Territorv.
SECTIO\' S. Snecial Ta� Except �rhere funds are othern�ise available; a special taz
sufficient to pay for such semices and related incidental espenses authorized by the Communin�
Facilities District La���; secured bv recordation of a continuin� lien against all non-exempt real
properh� in the Terrirorv; �vill be�le��ied annuall�� �vithin the boundaries of such Territorv. For
funher particulars as to the rate and method of apportionment of the proposed special ta�,
reference is made to the attached and incorporated Exhibit "A" (the "Impro��ement Area `C' Rate
and A4ethod'). ���hich sets forth in sufficient detail the method of apportionment to allo��� each
lando«�ner or resident ���ithin the proposed Territory to dearl. estimate the mazimum amount
that such person «�ill have to pay.
- J:Wnomev�FINAL RESOS A\D ORDINA�CES\?013\09 1 i 13�DSD-TAX LEV�'Resolution re Submittals of Levy of
Special Ta�es to Qualified Electors re Annesation No 8 -CFD.doc
9/62013 11:41,�7
11 -29
Resolution No.
Pflae '�
The special tax proposed to be le��ied within the Territory shall be equal to the special tax
levied to pay for the same ser��ices in lmprovement Area "C,' except that a higher or lower
specia] tax may be levied wiChin the Territory to the extent tl�at the actual cost of providin2 the
sen�ices in the Temtory is hieher or lo���er than the cost of providing those sen�ices in
Improvement Area "C." Notwithstanding the foregoing, the special ta�c may not be le��ied at a
rate which is higher 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 propert}� taaes and shall be subject to the same penalties, procedure, sale
and lien priority in an}� case of delinquency as applicable for ad ��alorem taxes. Any special
taxes that may not be collected on the County tax roll shall be colleeted througll a direct billine
procedure by the Treasurer.
The maaimum special taa rate in Improvement Area "C" shall not be increased as a result
of the annexation of the Ten�itory to Improvement Area "C."
SECTION 6. Election The proposition related to the levy of the special tax shall be
submitted to the qualified electors of the Territory, such electors being the lando��mers, with each
landoNmer having one (1) vote for each acre or portion thereof of land which he or she o���ns
ti�ithin such annexed territory. The special election shall be held on September ]7; 2013
immediately follo�2ng the adoption of this Resolution, and such election shall be a special
election to be eonducted by the City Clerk (hereinafier "Election Official"). lf 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.
SECTION 7. Ballot The ballot proposal to be submitted to the qualified voters at the
election shall generally be as follows:
PROPOSITION A
CITY OF CHULA VISTA �
COA'IAIUNITY FACILITIES DISTRICT NO. 97-2,
IMPROVEMENT AI2EA "C" ANNEXATION NO. 8
AUTHORIZATION FOR SPECIAL TAX LEVY
Shall Community Facilities District No. 97-2 (Preserve Maintenance District) of the Cit��
of Chula Vista be authorized to le�ry special taxes within the territory identified as Annexation
No. 8 to Improvement Area "C" of such DistricY pursuant to the rate and method of
apportionment of special taxes (the "Improvement Area "C" Rate and Method") attached to tl�is
ballot to finance the authorized ser��ices and administrative expenses and to fund and replenish a
reserve fund, all as provided for in the Improvement Area "C" Rate and Method?
l:Wttomep�F'INAL RESOS ANll ORDINANCES�2013\09 17 13\DSD-TAX LEVY Resolution re Submittals of Levy of
� Special Taxes to Qualified Electors re Annexation No S -CFD.doc
9/6/2013 11:44 M4 �
11 -30
Resolution No.
Paee �
SECTION 8. Vote The appropriate mark placed in box adjacent to the N�ord "YES"
shall be counted in favor of the adoption of the proposition; and the appropriate mark placed in
the box adjacent to the word `NO' in the manner as authorized, shall be counted aQainst the
adoption of such proposition.
SECTIO\` 9. Election Procedure This Citv Council herebv authorizes the Election
Official to tal:e an�� and all steps necessarv for the holding of such election and ratifies anv such
steps pre�-iously taken by such Election Official �rhich H�ere necessary for the holdine of such
election. Such Election Official shall perform and render all sen�ices and proceedines incidental
to and connected ���ith tbe conduct of such election. and such sen�ices shall include. but not be
limited to the follo���ine:
(a) Prepare and fumish to the election officers necessar�� election supplies for
the conduct of the election.
(b) Cause to be printed the requisite number of o�cial ballots; tally sheets
and other necessarv forms.
(c) Fumish and address official ballots for the qualified electors of the
Territor}'.
(d) Cause the official ballots to be mailed and/or delivered; as required b��
la��°.
(e) Recei��e the rerurns of the election.
(fl Sort and assemble the election material and supplies in preparation for the
canvassine of the retums.
(e) Cam ass the retums of the election.
(h) Fumish a tabulation of the number of�otes eiven in the election.
(i) Make all arraneements and take the necessarv steps to pay all costs of the
election incurred as a result of sen�ices performed for the District and pa��
costs and expenses of all election officials.
(j) Conduct and handle all other matrers relating to the proceedinss and
conduct of the election in the manner and form as required by law.
Prepazed b�� Approved as to form bv
/� � ��J
Kell�� Brouehton 1� R. Q'� _i�ns
Director of De��elopmental Sen�ices �Attome��
J:Wttome.•\FNAL RESOS AND ORDINA\'CES�2013\09 17 13\DSD-TAX LEVl'Resolution re Submittals otLevr of
Special Tases to Qualified Electors re Mnesation No 8 -CFD.doc
9/6/20li 1 I:d4.4:\9
11 -31
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
RATE AND 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 2002-3 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 propeRy in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purposed, 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 are of an Assessor's Parcel as shown on an
Assessor's Parcel 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 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 Parcel is equal to the Acreage multiplied by 43,560.
"AcY' 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 of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the
City, acting for an on behalf of the CFD as the administrator thereof, to determine,
levy and collect the Special Taxes, including the salaries of City employees and a
proportionate amount of the City's general administrative overhead related to the
administration of the CFD; the costs of collected 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 assessor's parcel number.
"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.
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"CFD Administrator" means an office 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 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 ail Assessors'
Parcels which are classified as community purpose facilities and meet the
requirements of City of Chula Vista Ordinance No. 2452.
"Council" means the City Council for the City of Chula Vista, acting as the
legislative body of the CFD.
"County" means the County of San Diego, California.
"Devefoped Property" means all Taxable PropeRy for which a building permit was
issued prior to the March 1�` 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
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
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 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 Ciass" means any of the classes listed in Table 1 of Table 2.
"Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C below that may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means ali Assessor's Parcels of Developed Property
for which a building permit(s) has been issued for a structure or structures for non-
residential use.
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"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 RequiremenY' means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and Preserve Operation and Maintenance
Fund Requirement for the current Fiscal Year 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 Fund RequiremenY' means for any
Fiscal Year an amount equal to the budgeted costs for Preserve Operations and
Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the
District for the current Fiscal Year in which Special Taxes are 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, a propeRy 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 eh 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 overruns and
delinquencies in the payment of Special Taxes and a reasonable buffer to prevent
large 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 Year.
"Reserve Fund RequiremenY' means the amount equal to up to 100% of the
Operating Fund requirement for any Fiscal Year.
"Residential Property" means all Assessors' Parcels of Developed Property for
which a building permit(s) has been issued for purposes of constructing one or more
residential dwelling unit.
"Resource Monitoring Program" means those described in Attachment B hereto
which is incorporated herein by this reference.
"Resource Monitoring Fund RequiremenY' means for any Fiscal Year an amount
for each Improvement Area equal to the Improvement Area's fair share of the
11 -34
budgeted costs of the Resource Monitoring Program plus a pro rata share of the
budgeted Administrative Expenses for the CFD for the current Fiscai Year in which
Special Taxes are levied. An Improvement Area's "fair share" 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 Section C
and D below in each Fiscal Year on each Assessor's Parcel of Developed Property
and Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax RequiremenY' means that amount required in any Fiscal Year for
Area C to: (i) pay the Resource Monitoring 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 Special 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 pursuance to law or as
defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. 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 II, Category III or Exempt.
Deveioped Property, Final Map PropeRy or Undeveloped Property, and shall be
subject to Special Taxes pursuance to Sections C and D below. Developed Property
shall be fuRher assigned to a Land Use Class as specified in Table_1.
C. MAXIMUM SPECIAL TAX RATE
Category I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserving Operations and
Maintenance that may be levied for Fiscal Year 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.
11-35
TABLE 1
Maximum Special Tax for Category I
Community Facilities District 97-2
Improvement Area C
Resource Operations &
Description Monitoring Maintenance
Residential $0.0054 $0.0086
Non-Residential $87.3126 $138.6152
Category II
Category 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 Year 2002/03 on each Assessor's Parcel
in Category II shall be shown in Table 2 below (said amount to be levied pro rata for
any portion of an Acre).
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
$87.3126 per Acre $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 Maximum 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 rate for any portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
$56.3516 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
11 -36
forth in the easement impractical, common areas, private streets and parcels, and
open space lots ("Exempt Category°).
In some instance 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 levies that may be
levied on all Land Uses Classes located on that Assessor's Parcei. The CFD
Administrator's shall determine the allocation 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 Fiscal Year 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).
D. METHOD OF APPORTIONMETN OF THE SPECIAL TAX �
Commencing with Fiscal Year 2003-04, 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 1: 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 Maintenances.
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 Fiscai Year is equal.to the Special
Tax Liability 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 the 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 ali Parcels within Improvement Area C assigned to
Category II,
OR
(ii) The Maximum Special Tax 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
Liability, for Improvement Area C, a Special Tax shall be levied upon each Parcel
within Improvement Area C classified as Category III. The Special Tax for Parcels
assigned the Category III 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 and 3 above,
divided by the total Acres for all Parcels within Improvements Area C
assigned to Category III,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special 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 parcels 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 from the applicable
owner(s) with the remaining portion of the Special Tax Liability no 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 with the Special Tax be 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 the amount of
the Special Tax levied on their Assessor's Parcel is in error shall first consult with the
CFD Administrator regarding 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 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 with the
City Clerk of the City appealing the amount of the Special Tax levied on such
Assessor's Parcel. 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 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 final and binding as to all persons.
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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 valorem property taxes; provided,
however, that the CFD Administrator may directiy bill the Special Tax, may coliect
Special Taxes at a different time or in a different manner if necessary to meet the
financial obligation of Area C of the CFD or as otherwise determined appropriate by
the CFD Administrator.
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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RESOLUTION NO.
RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF
CHULA VISTA. CALIFORNIA. ACTING IN ITS CAPACITY
AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT I`'O. 97-2 (PRESERVE MAINTENAI�'CE
DISTR]CT), DECLARING THE RESULTS OF A SPECI.AL
ELECTION IN THAT TERRITORY D�SIGI�'ATED AS
COMMUI�'ITY FACILITIES DISTRTCT I��O. 97-2 (PRESERVE �
MAINTENANCE DISTRICT), IMPROV�M�NT AREA "C,"
AI�TI�'EXATIOI�i NO. 8 AND ADDING SUCH TERRITORY TO
SUCH IA�PROVEA7ENT AREA
� WHEREAS, the CITY COlJNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"Cit}� Council'); has previously undertaken proceedings to.annex that territory identified as Otay
Ranch Planning Area 12 to an eaisting Community Facilities District and an Improvement Area
designated therein pursuant to the terms and provisions of the "Mello-Roos Communit}�
Facilities Act of 1982," being Chapter 2.5, Pari 1, Division 2, 7'itle 5 of the Government Code of
the State of California (the "AcT') and the City of Chula Vista Communit}� Facilities District
Ordinance enacted pursuant to the powers resemed b}� the City of Chula Vista under Sections 3;
� and 7 of Article XI of the Constitution of tl�e State of California (tbe "Ordinance') (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Lati�"). This
Community Facilities District and the Improvement Area are referred to as COMMUNITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAII��TENANCE DISTRICT) (the "Districr')
and IMPROVEMENT AREA "C, ` respectively, and such territory proposed to be annexed is
referred to as ANTIEXATION NO. 8 (the "Territory"); and
� WHEREAS, this City Council did call for and order to�be�held an election to submit to
the qualified electors of the Territor�� a proposition relating to the levy of special taxes ��ithin the
Territory; and
� WHEREAS, at this time said election has been held and the measure voted upon and such
measure did receive the fa��orable 2/3's vote of the qualified electors; and this Cit�� Council
desires to declare the results of the election in accordance wit6 the provisions of tl�e Elections
Code of the State of California and to order tl�at the Territory be added to the District and
Improeement Area`'C" thereof.
NOV1. THEREFORE. THE CITY COUI�TCIL OF THE CITY OF CHULA VIST.A.
CALIFORNIA. ACTII�'G AS THE LEGISLATNE BODY OF COMMUl�'1T1' FACILITIES
DISTR]CT I�'O. 97-2 (PRESERVE MAINTENANC� DISTRICT), DOES HLREBY
RESOLVE. DECLARE. FIND. DETERMII�'E AND ORDER AS FOLLOWS:
SECTIO?�' 1. The above recitals are all true and correct.
SECTION 2. This Ciry Council hereby receives and approves tl�e CERTIFICATE OF
ELECTIOI�' OFFICIAL AI�'D STATED�LENT OF,VOTES CAST, as submitted by the City Clerk;
J:Wttorney\FINAL RESOS AND ORDIIJANCES\2013\09 17 13\DSD-Special Glection-Resolution Declaring Results of
Election re Anneaation No 8 -CFD No 97-2 Improvemeni Area C.doc .
9/3/2013 12:59 PM �
11 -40
Resolution No.
Paee 2
acting in her capacity as the Election officiaL said Statement setting forth the number of votes
cast in the election. the measure voted upon, and the number of��otes given for and/or aQainst the
measure voted upon. A cop�� of said Certificate and Statement is attached hereto, marked
Exhibit "A;' referenced and so incorporated.
SECTIO\' 3. The Citv Clerk is herebv directed: pursuant to the provisions of the
Elections Code of the State of Califomia. to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
SECTION 4. This Citv Council does hereby determine and dedare that the Territor� is
now added to and becomes a part of the District and Impro��ement ,�rea "C° thereof. The Cit��
Council herebv further determines that the Citv Council is now authorized to levv the special
tazes N�ithin the Territory as approved and authorized by the qualified electors of the Territon�.
Presented bv Approved as to form b��:
A A� /I N-
Kellv Broughton � Go�
Director of Developmental Services � �� A��orney
J:Wttomev�F[N.4L RESOS AND ORDINANCES�?013\09 17 13\DSD-Special Election-Resolution Dedaring Resulu of
Election re Annexation No 8 -CFD No 9i-? Improvement Area C.doc
9/3/2013 1?:59 P\9 � �-4�
EXHIBIT "A '
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMLNT OF VOTES CAST
STATE OF CALIFORI�'IA )
COUI�TY OF SAN DIEGO ) ss.
CITY OF CHULA V'ISTA )
The undersigned, ELECTION OFFICIAL OP THE CITY OF CHULA VISTA, COtTi�'TY OF
SAI�i DIEGO; STATE OF CALIFORI�TIA, DOES HEREBY CERTIFY that pursuant to the
provisions of Section �3326 of the Government Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast
at the
CITY OF CHULA VISTA
COMMUI�TITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEn9ENT AREA "C"
AI�TIVEXATION AREA NO. 8
SPECIAL EL�CTION
in said City; held September 17, 2013.
I FURTHER CERTIFY that this Statement of Votes Cast shows tlie �n�hole number of��otes cast.
in the Territory of the District in said City, and the �vhole numUer of��otes cast for the A4easure
in the Territory of the District in said City, and the totals as shown for the Measure are full, true
and correct.
I. TOTAL NUMBER OF VOTES CAST:
II. VOTES CAST ON PROPOSITION A: YES
NO
��'ITNESS my hand and Official Sea] this day of ; 20li.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORI�TIA
J:\Attorney�F'INAL RESOS AND OKDINANCES�2013\09 17 13\DSD-special election-Resolution Declaring Results of
Election re Mnexation No 8 -CFD No 97-2 Improvement Area C.doc
9/3/2013 12:59 P�1
11 -42