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Home My WebLink About2013/12/17 Item 03 1 ox�n�.cE �o. _�ECOND REA�WG AN� ADOPTION ORDI\.4�CE OF THE CITY COLT\TCIL OF THE CITY OF CHULA VISTA .A1v1E?�TDI?�'G THE CITY OF CHLiLA VISTA COA�4LJT�T1' FACILITIES DISTR7CT ORDI�ATCE TO AUTHORIZE THE LEVY OF A SPECIAL T.Aa O\' CERTAI\' CITY P.ARI: PROPERTY A,\D TO AU7"HOR7ZE THE DIRECT BILLIT'G OF THE CITY FOR SUCH SPECIAL TAX «'HER.EAS, on April 28; 1998, the Ciq� Council; actine under its Chazter authorirv. enacted Ordinance \o. 2730_ the "Chula Vista Communirv Facilities District Ordinance` (the "Ordinance"); incorporating the pro��isions of the Mello-Roos Communin� Facilities Act of 1982: as amended (commencine ��ith Govemment Code Section �3311) (the ��?�4ello-Roos Acr); into the Ordinance ��th modifications to accomplish the follo��ina: (1) incorporation of all maintenance acti��ities authorized b�� the "Landscapine &: Lishtino �ct of 1972'� (the "1972 Acr'); (2) include certain maintenance acti��ities not listed in the A9ello-Roos Act or the 1972 Act; and (3) establish an operatin2 resen°e fund for open space dismcts; and �VEHRE.AS; on September ]�, Z009; the Cin� Council appro��ed an Agreement Resazdina Construction of Pazks in a Portion of Ota�� Ranch Eastem Urban Cen[er (the �`Eastem Urban Center Parks A�eemenr`) and the Eastem Urban Center Parks Aereement states that the Cin� and A4c�4illin shall split equall}� the coscs of main�ainine che public pazks, i.e.; those pazks for ��hich the City has accepted title pursuant to the Eastem Urban Center Parks Aereement, in the Eastem Urban Center (the "Public Urban Parks�') based on preliminar}� cost estimates pro��ided by both the Cin� and A4ci�4illin: and \\'HEREAS, �4c\�illin Otav Ranch LLC ("McMillin-`) has requested that the Cih' conduct proceedin�s to consider the appro��al of the formation of Communirv Facilities District ?�'o. 14:�4 ("CFD 14?��[") to pro��ide the necessary fundin� for ihe operation and maintenance of public landscapine; storm ��ater qualitv; walls; fencine, trails, pedesvian bridees, liahtins, and pazk improvemenu �vithin the Eastem Urban Center��illenia project bp le�•ying an annual "special ta.x" �vhich is to be collected from the propem�o«�ners �vithin CFD 1�\Q; and �1'HEREAS; to ensure the annual collection of the Citys portion of the cost of the maintenance of the Public Urban Pazks pursuant to the Eastem Urban Center Pazks A2reement (the "Cit}�'s Annual Public Urban Pazks t�9aintenance Cost°); Mc�•Iillin has further requested [hat CFD 1�?�9 be structured with t��o zones ��ith the Public Urban Pazks to be placed into the second zone and to be subject to the le�� of a special ta� to generate special tat re��enue sufficient to fund the City's Annual Public Urban Pazks D4aintenance Cost; and � ��'HEREAS; Go��emment Code Section �3340(c) provides that properties or entities of the state, federal; or local eoverrunenu shall; subject to certain stamtory e�ceptions not applicable hereto, be e�empt from the le�� of special ta�es; and 1:Wnomc�•�F(NAL RESOS A�'D ORDI�A�'CES�?013112 10 U\ORDiNANCE-PN'-CFD Ordinanre Amrndmcnt.doc 1 J3/30I�9:36 A,�1 . , 3-1 Resolution t�'o. Page 2 WHEREAS. the proposed special tax structure requires an amendment to the Ordinance to authori2e the levy of a special tax on the property included in the Public Urban Parks arid to authorize the direct billing of the City each year for the payment of such special tax for the sole purpose of financing the Cit��'s Annual Public Urban Parks Maintenance Cost. NOW, THEREFORE, the City Counci] of the Ciry of Chula Vista does ordain as follo��s: 1. Section �, Amendments to Mello-Roos Act, of Ordinance 2730 is hereby amended to add paragraph D. thereto ��hich shall read as follov��s: "D. Authorization to Lew and Collect a Special Tax Against the Eastem Urban Center Urban Parks' Propertv. (]). Unless the conte�t otherN�ise requires, the definitions contained in this subparagraph (1) shall go��ern the construction of pazagraph D: (a). `'City`s Annual Public Urban Pazks Maintenance Cost" sliall mean the City's shaze of the cost of the annual maintenance of the Public Urban Cosu determined pursuant to the Eastem Urban Center Parks Agreement. (b). `Zando�mer' shall mean the City of Chula Vista. (c). "Eastem Urban Center Parks AgreemenP' means that certain Agreement Regarding Construction of Pazks in a Portion of Otay Ranch Eastern Urban Center made as of the l5th day of September, 2009 by and betiveen the City of Chula Vista and McMillin Otay Ranch LLC. (d). "Public Urban Parks ' shall mean those parks to which the City accepts title pursuant to the Eastem Urban Center Parks Agreement. (e). "Public Urban Parks Property" shall mean those parcels of real property owned by the City and upon N�hich the Public Urban Parks are located or to be located. (2). Notwithstanding the provisions of Government Code Section 53340(c), a special taK may be authorized to be le��ied by a community facilities district established by the Ciry pursuant to the Mello-Roos Act, as amended by the City of Chula Vista Communitp Facilities District Ordinance, on the Public Urban Parks Property for the sole purpose of financing the City's Annual Public Urba�� Parks Maintenance Cost. Such special tax may not be levied for the purpose of administering such community facilities district, the levy and collection of such special tax or the establis}unent and maintenance of an operaling reser��e applicable to the City`s obligation to fund the City's Annua] Public Urban Parks Maintenance Cost. .,. r-• J:1Anomec�INAL RESOS AND ORDiNAT'CES�?013U 2 10 13\ORDINANCE-P\��-CFD Ordin�nce Amendment.doc 12/3/?013 10:57 Ah1 ,3-2 Resol��tion No. Paee 3 (3). In any communin= facilities disvict proposed to be established to le�� a special tax as provided for in subparaaraph (2) abo��e, the le�islati��e bodv shall b�� resolution desi2nate a ponion or portions of such communit�� facilities � district as an improvement azea that shall include onl}� the Public Urbart Pazks � Propert��. The portions of the communitv facilities district included in such unpro��ement azea need not be contieuous. Afrer the designation of such impro�ement azea all proceedines for the purpose of le��ine the special ta.�es for the payrnent of the Cirv's Annual Public Urban Pazks �9aintenance Cost or for an.� chanse pursuant to Article 3 of the Mel10-Roos Act, shall apply only to such impro��ement azea. (�). Any special tax authorized to be le��ied by a communit�� facilities district as pro��ided for in subparagraph (2) abo��e shall be collected b�� direct billine of the Cin� b�� such communiro facilities district or the administrator of such communin� facilities district. The pro��isions of Go��emment Code Section �3340(e) shall not appl;� to the collection of such specia] tax. Such special ta� shall be authorized to be ]e��ied only so lone as the Eastem lirban Center Parks Aereement or the oblieations of the Cit�� to fund the Cin�'s Annua] Public Urban Pazks \4aintenance Cost remain in effect. ?. All other provisions of Ordinance 2730 shall remain in full force and effect. 3. This Ordinance shall tal:e effect and be in force on the thinieth dav after its final passa�e. 4. The Cin� Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted accordine to lau•. Presented by Approved as to form by n ' , ::'l� j� � . F` Richazd A. Hopkins ,-( Gl�n'`F�Googii�s �Director of Public \Vor}•s �,n�-City�Attoinew� �� ` ✓ J:l4nome�•�FINAL RESOS A.\D ORDI�A�'CES�2013\12 10 1 i\ORDI�ANCE-P\l'-CFD Ordinance Amendment.doc izrn_oi�io:s�.�.r+ 3-3