HomeMy WebLinkAboutReso 2013-224 RESOLUTION NO. 2013-22�
RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF
CHULA VISTA APPROVII�'G AI�' AGREEMENT FOR
REFUI�'DING SPECIAL T,AXES PAID FOR CERTAII�7
PARCELS WITHR`' COMn4iINITY FACILITIES DISTRICT
NO. 08A4 AI�'D AA4ENDII�'G THE FISCAL YE.1R 201.i/201�
COMMUI�rITY FACILITY DISTRICT 08M BUDGET BY
APPROPRIATII�'G �2�.236 FROM THE RESERVE TO THE
OTHER EXPENSES CATEGORl' OF CFD 08A4 VILLAGE 6
AND AUTHORIZIt�'G REFUI�iDS IN THE AI�40UT'T OF
�2�.236 FOR OVERPAI'MENT OF ASSESSI�4ENTS AND
ORDERING THE RECORDATION OF A NOTICE OF
CESSATION OF SPECIAL TAX LIEN
WHEREAS, t���o properties H�ithin Impro��ement Area No. 2 of Community Facilities
District 1�'0. 08M (Otav Ranch Villaee 6) (the "District`) ���ere incorrectl�� charged special
taxes/assessments: and
l�'HEREAS, due to questions raised b�� t���o of the property o��mers alone «�ith additional
documentation, NBS, the City`s consultant, alone «ith Cin� staff researched the special taxes
le��ied aoainst these properties; and
WHEREAS; the documentation provided b}� the property oNmer indicated that the
propeRies should have been seereeated from the CFD follo��-in2 a chanee in each of the property
o���er`s parcel`s boundaries; and
R'HEREAS, this change �aould have resulted in the properties no longer being subject to
the CFD 08M special ta�/assessment; and
«'HEREAS, the documentation and information provided resulted in a refund being due
to the property o�+mers as a result of the parcels beine classified incorrectlti� and le��ied as such,
durinE Fiscal Years 2011/2012 and ZO12/20li tai ��ears: and
VJHEREAS. refunds ���ill be issued in amounts indicated in the table belo���:
Refund
Pro em�Owner2 APN Amount
Villaee II Town Center LLC 643-020-88-00 $17.�08
Sunranch Ca ital Partners LLC 643-0�1-56-00 $ 7.728
TOTAL �2�.236
VI�IIEREAS, a total of$2�_236 ���ill be refunded to the property o�timers as these amounts
were paid via their property ta� bill; and
Resolution No. 2013-224
Page 2
WHEREAS, based upon the above determinations, this City Council, actine as the
legislative body of the District, desires to cause to be recorded a Notice of Cessation of Special
Tas Lien, pursuant to section ».i30.� of the California Government Code, to give notice that the
obligation to pay the special taa for Improvement Area No. 2 of the District has ceased and the
lien imposed the above identified properties by the recordation of the Notice of Special Tax Lien
as to Improvement Area No. 2 thereto, has been extinguished as to these properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
as follows:
SECTION 1. The City Council of the Cit}� of Chula Vista does approve an agreement
for refunding special taxes paid ���ithin Community Facility Districl 08M and amend the Fiscal
Year ZOli/2014 Community Facility District 08M budget by appropriating $25,236 from the
reserve to the other expenses category of CFD 08M Village 6 and authorizing refunds in the
amount of$25,236 for overpayment of assessments.
SECTION 2. The City Council hereby determines that the special tax authorized to be
levied within Improvement Area No. 2 of the DisVict against the properties identified
hereinabove is no longer needed to pay the costs and incidental expenses of the sen�ices
authorized to be financed from the proceeds of such special ta�es. This City Council hereby
further determines that such special tax shall cease to be levied on such properties.
SECTION 3. The City Clerk, acting for and on behalf of the District is hereby ordered to
cause a Notice of Cessation of Special Ta� to be recorded in the office of the County Recorder of
the County of San Diego pursuant to Govemment Code Section 533.i0.5 against such properties.
Presented by Approved as to form by
C�� � �
�
Richard A. Hopk� len R. Go ins
Director of Publi ��orks 't � Attorn
Resolution ivo. 2013-224
Pa�e 3
PASSED. APPROVED, and ADOPTED bv the Citv Council of the Cit�� of Chula Vista.
California. this �th da. of I�'ovember 2013 b�� the follo���ine ��ote:
AI'ES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Cox
NAYS: Councilmembers: I�'one
ABSEI�'T: Councilmembers: None
Chen�l Coz. � ��or
ATTEST:
��4��- � ��
Donna R. Norris. CA9C. Citv Clerk
ST.ATE OF CALIFORi\'IA )
COUIVTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. Norris. Citv Clerk of Chula Vista. Califomia. do hereb�� certifti• that the fore¢oine
Resolution No. 20li-224 ���as dul}� passed. approved, and adopted b}� the Cit}� Council at a
special meeting of the Chula Vista Citv Council held on the �th day of November 2013.
Executed this �th dav of November 2013.
�� � �/�'�//�1+�
Donna R. Norris. CMC. Cirv Clerk