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Home My WebLink AboutOrd 2013-3293 ORDII�'ANCE NO. 3293 OFZDII�'A1VCE OF THE CITY COUI�'CIL OF THE CITY OF CHULA VISTA AMENDING THE CITY OF CHULA VISTA COA4n4UI�'ITY FACILITIES DISTRICT ORDI�'ANCE TO AUTHORIZE THE LEVY OF A SPECIAL TAX ON CERTAIi�' CITY PARK PROPERTI' AND TO AUTHORIZE THE DIRECT BILLII`'G OF THE CITY FOR SUCH SPECIAL TAX V�'HEREAS. on April 28, 1998, the City Council, actine under its Charter authorit��, enacted Ordinance No. 2730, the `'Chula Vista Community Facilities District Ordinance" (the "Ordinance '); incorporatine the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (commencing �vith Go��emment Code Section �3311) (the "Mello-Roos Acr'); into the Ordinance ��ith modifications to accomplish the folloHina: (1) incorporation of all maintenance acti��ities authorized by the "Landscaping R Lighting Act of 1972' (the "1972 Acr`); (Z) include certain maintenance activities not listed in the Mello-Roos Act or the 1972 Act; and (3) establish an operating resen�e fund for open space districts; and WEHREAS, on September 1�, 2009, the Ciri- Council approved an Agreement Regardine Construction of Parks in a Portion of Otay Ranch Eastern Urban Center (the "Eastem Urban Center Parks Aereemenr') and the Eastem Urban Center Parks Agreement states that the City and McMillin shall split equally the costs of maintaining the public parks, i.e., those parks for N�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 preliminary cost estima[es provided b�� both the Citv and McMillin: and WHEREAS, McMillin Otay Ranch LLC (`McMillin") has requested that the Citp conduct proceedings to consider the approval of the formation of Communih� Facilities District No. I�M (`CFD 14A4") to provide the necessar}� funding for the operation and maintenance of public landscapine, storm water quality, «�alls, fencine, trails, pedestrian bridees, lightine, and park improvements ��ithin the Eastem Urban Center/Millenia project by levyine an annual "special ta�" which is to be collected from the propem o��ners �vithin CFD 14M; and V�'HEREAS, to ensure the annual collection of the Cin`s portion of the cost of the maintenance of the Public Urban Pazks pursuant to the Eastem Urban Center Pazks Agreement (the "Cin�'s Annual Public Urban Parks Maintenance Cost`'), McMillin has further requested that CFD 14D4 be structured ��ith t��=o zones with the Public Urban Pazks to be placed into the second zone and to be subject to the le«� of a special ta� to eenerate special tax re��enue sufficient to fund the Citys Annual Public Urban Pazks Maintenance Cost; and V1'HEREAS. Government Code Section �3340(c) pro��ides that properties or entities of the state, federal, or local go��emments shall; subject to certain statutory exceptions not applicable hereto, be esempt from the le�ry of special ta.tes; and Ordinance Na 3293 Page 2 WHEREAS, the proposed special tax structure requires an amendment to the Ordinance to authorize the lev}� of a special taz on the property included in the Public Urban Parks and to authorize the direct billing of the Citv each }�ear for the payment of such special tax for the sole purpose of financine the Cit}`s Annual Public Urban Pazks Maintenance Cost. NO�', THEREPORE. the City Council ofthe City of Chula Vista does ordain as follows: 1. Section �; Amendments to Mello-Roos Act, of Ordinance 2730 is hereby amended to add paragraph D. thereto �vhich shall read as follows: '`D. Authorization to Levv and Collect a Soecial Tax A�ainst the Eastem Urban Center Urban Parks' Propert}�. (1). Unless the context otherwise requires, the definitions contained in this subparagraph (1) shall govern the construction of paragraph D: (a). `'City's Annual Pub]ic Urban Parks Maintenance Cost ' shall mean the City's share of the cost of the annual maintenance of the Public Urban Costs determined pursuant to the Eastern Urban Center Parks Agreement. (b). '`Landowner' shall mean the City of Chula Vista. (c). "Eastern Urban Center Parks AgreemenT' means that certain Agreement Regarding Construction of Parks in a Portion of Ota}� Ranch Gastern Urban Center made as of the 15th day of September, 2009 by and between 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 Eastern Urban Center Parks Agreement. (e). "Public Urban Parks 1'ropert}�" shall mean those parcels of real property owned by the City and upon which the Public Urban Parks are located or to be located. (2). Not�i�ithstanding the provisions of Govemment Code Section 53340(c), a special tax may be authorized lo be levied by a community facilities district established by the City pursuant to the Mello-Roos Act as amended by the City of Chula Vista Community Facilities District Ordinance, on the Public Urban Parks Property for the sole purpose of financing the City's Annual Public Urban 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 establishment and maintenance of an operating reserve applicable to the City s obligation to fund the Cit}��s Annual Public Urban Parks Maintenance Cost. Ordinance No. 3293 Paee 3 (.i). [n an}� communin� facilities district proposed to be established to ]e�� a special tax as pro��ided for in subparaeraph (2) above, the legislative bod} shall b�� resolution designate a portion or portions of such communin� facilities district as an impro��ement area that shall indude only the Public Urban Pazks Propem�. The portions of the communit}� facilities district included in such impro��ement azea need not be contisuous. Afier the designation of such impro�ement area� all proceedines for the purpose of le��ying the special ta�es for the pa��ment of the Cit��`s Annual Public Urban Parks Maintenance Cost or for anv change pursuant to Article 3 of the Mello-Roos Act. shall appl}� onb to such improvement area. (4). An� speciai tai authorized to be le��ied by a communiri� facilities district as provided for in subpazaeraph (2) above shall be collected by direct billina of the Cin� b�� such communit�� facilities district or the adminisvator of such communit}� facilities district. The provisions of Go��emment Code Section �3340(e) shall not apph� to the collection of such special tas. Such special tai shall be authorized to be levied onl}� so long as the Eastem Urban Center Parks Aareement or the oblieations of the Cirv to fund the Cih�'s Annual Public Urban Pazks Maintenance Cost remain in effect. 2. 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 da� afrer its final passaee. 4. The Ciri� Clerk shall certifi to the passaee and adoption of this Ordinance and shall cause the same to be published or posted according to la��. Presented by Appro��ed as to form by r ��%�> , Richar . Hopk� Glen R. Goo ins Director of Pu t �'orks Cit}� Attorr e4� Ordinance No. 3293 Paee 4 PASSED, APPROVED, and ADOPTGD by the City Council of the City of Chula Vista, California, this 17th day of December 2013, by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Co�, yor, ATTEST: � Q/�� Donna R. Norris; CMC; ity Clerk STATE OF CALIFORNIA ) COUNTY OF SAN D1EG0 ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3293 had its first reading at a regular meeting held on the l Oth day of December 20li and its second reading and adoption at a regular meeting of said City Council held on the 17th day of December 20li; and �i�as duly published in summary form in accordance with the requirements of state law and the City Charter. /( .C.lJ�t� �,�� Da d Donna R. Norris, MC, City Clerk