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Home My WebLink AboutReso 2014-004 RESOLUTION NO. 2014-00� RESOLUTION OF THE CITI' COUI�'CIL OF THE CITl' OF CHULA VISTA DECLAIZII�iG ITS II�TTEI�'TIOi�i TO ESTABLISH COMMUI�'ITY FACILITIES DISTRICT I�rO. 14M (EASTERI�' URBAI�T CEI�TTER/MILLEI�'IA) AND TO AUTHORIZE THE LEVY OF A SPECIAL TA\ R'ITHIN EACH IMPROVEMEI�'T AREA THEREIN TO FINAIvCE CERTAIN SERVICES AND SETTING THE PUBLIC HEAWI�'G TO CONSIDER THE ESTABLISHMEI�'T OF THE PROPOSED DISTRICT WHEREAS_ the CITY COUI�CIL of the CITY OF CHULA VISTA, CALIFORNIA (the "Cit}� Council"), desires to initiate proceedings to create a Community Facilities District and to desi�nate t�vo improvement azeas therein pursuant to the terms and provisions of the "A4ello- Roos Community Facilities Act of 1982,`- beine Chapter 2.�; Part ]; Division 2; Title � of the Govemment Code of the State of Califomia (the "AcY') and the Cih� of Chula Vista Community Facilities District Ordinance, as originally enacted and as subsequently amended pursuant to the poH�ers reserved b�� the Ciq� of Chula Vista under Sections 3, � and 7 of Article XI of the Constimtion of the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 collectivelv as the "Community Facilities District La�v') for the purposes set forth herein: and WHEREAS, this Communin� Facilities District shall hereinafrer be referred to as Community Facilities District No. 14M (Eastem Urban Center/1�4illenia) (the "DistricP') and the improvement azeas proposed to be designated therein shall hereinafter be referred to as Impro��ement Area No. 1 and Impro��ement Area No. 2 (each, an "Improvement Area' and collectivel}�, the `9mprovement Areas `); and WHEREAS. pursuant to the Communit�� Facilities District La��; the City Council adopted a Statement of Goals and Policies Regazdine the Establishment of Community Facilities Districts (the "Goals and Policies ') that establish and state the City's goals and policies concernine the use of the Act in providing adequate infrastructure impro��ements and public sen�ices for the Cih�: and WHEREAS= the maintenance of public parks is authorized to be funded b�� a Community Facilities District pursuant to the Act but is not enumerated in the Goals and Policies, as a public senice authorized to be financed through a Communiry Facilities District established b�� the Cin�: and WHEREAS, the Goals and Policies provide, how�ever, that other public services not listed in the Goals and Policies may be financed by a Communitv Facilities District established by the Cit�� if such services aze authorized to be financed bv the Act and the Cirv Council determines that such services aze otherwise consistent w�ith the Goals and Policies and in the best interest of the Cit�� and the residents and propemr o��ners ��ithin a proposed Communit�� Facilities District; and Resolution No. 2014-004 Page No. 2 WHEREAS, the City Council has determined that the financing of the maintenance of public parks located ti�ithin Improvement Area No. 2 by the District is (i) consistent with the Goals and Policies. and (ii) in the best interest of the City, and the residents and the property oNmers within Improvement Area 2; and WHEREAS, the City has determined at this time that it is appropriate to fund the maintenance of public parks within Improvement Area No. 2; and WHEREAS, this City Council is now prepared to proceed to adopt its Resolution of Intention to initiate the proceedings for the establishment of such District. to set forth the boundaries for such District and the Improvement Areas therein, to indicate the type of public services to be financed by such District, to indicate a rate and method of apportionment of special taxes proposed to be le��ied within each lmprovemeni Area sufficient to finance such services for and within each such Improvement Area, and to set a time and place for a public hearing relating to the establishment of such District and the designation of the [mprovement Areas; and WHEREAS, a map of such District has been submitted showing the boundaries of the territory proposed to be included in the District and in each of the Improvement Areas which territory includes the properties and parcels of land proposed to be subject to the levy of a special tax by the District for each of the Improvement Areas. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. Recitals. The above recitals are all true and correct and are hereby made findings of the City Council. SECTION 2. Initiation of Proceedings. These proceedings are initiated by this City Council pursuant to the provisions of the Community Facilities District Law. SECTION 3. Boundaries of District and the Improvement Areas. It is the intention of this City Council to establish the Community Facilities District and to designate the Improvement Areas therein pursuant to the provisions of the Community Facilities District Law, and to determine the boundaries and parcels on which special taxes may be levied to finance certain services. A description of the boundaries of the territory proposed for inclusion in the District and each Improvement Area therein including properties and parcels of land proposed to be subject to the levy of a special tax by the District is as follows: All that property as shoH�n on a map as previously approved by this City Council, such map designated "Proposed Boundaries of Community Facilities District No. 14M (Eastem Urban Center/Millenia), City of Chula Vista, County of San Diego; State of Califomia', a cop}� of which is on file in the Office of the City Clerk and shall remain open for public inspection. SECTION 4. Name of District and Improvement Areas. The proposed Communit}� Facilities District shall be known and designated as "Community Facilities District No. 14M (Eastem Urban Center/Millenia)." The Improvement Areas within the District shall be known and designated as "Improvement Area No. 1" and "Improvement Area No. 2." Resolution No. 2014-00& Paee 1�'0. 3 SECTION �. Description of Services. It is the intention of this Cit�� Council to finance certain services that are in addition to those pro��ided in or required for the temtorv Hithin the District and ��ill not be replacing sen�ices already available. A eeneral description of the services to be funded b�� specia] taxes levied in Improvement Area I�to. 1 are set forth in Exhibit "A, ` attached hereto and by this reference incorporated herein. A eeneral description of the sen�ices to be funded by special tates le��ied in Improvement Area No. 2 aze set forth in Exhibit "B." attached hereto and by this reference incorporated herein. Such maintenance shall indude; but not be limited to. the pro��ision of all labor, material, administration, personnel, equipment and utilities necessar}� to maintain such improvements. SECTION 6. Special Tat. It is also the intention oFthis City Council that, except ��here funds are othen;�ise available, a special ta� sufficient to pay for such senices and related incidental eipenses authorized by the Community Facilities District La��, secured by recordation of a continuine Iien against all non-esempt real property in each Improvement Area of the District, wrill be levied annuall}� �+�ithin the boundaries of each such Improvement Area. Under no circumstances ��ill the special ta.i authorized to be levied ��ithin an Improvement Area be increased as a consequence of delinquency or default by the o«mer of any other parcel or parcels used for pm�ate residential purposes and located within such Improvement Area bv more than 10 percent. For further particulazs as to the rate and method of apportionment of the special tax proposed to be levied ��ithin Improvement Area No. 1, reference is made to the attached and incorporated Exhibit "C," �i�hich sets forth in sufficient detail the method of apportionment to allo�� each landowner or resident within such Impro��ement Area to cleazlv estimate the ma�:imum amount that such person w�il1 have to pay for such services. For further particulars as to the rate and method of apportionment of the special ta.� proposed to be levied «�ithin Improvement Area No. 2, reference is made to the attached and incorporated Eshibit "C` , ��hich sets forth in sufficient detail the method of apportionment to allow each landoNmer or resident ��thin such Impro��ement Area to clearl}� estimate the macimum amount that such person ��ill ha��e to pay for such services. The special taxes herein authorized to be levied within Improvement Area No. l, to the estent possible, shall be collected in the same manner as ad ��alorem propem� ta�es and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad ��alorem taa:es. Anv such special tases that mav not be coliected on the Count� tat roll shall be collected throueh a direct billing procedure b}� the District. The special ta.ies herein authorized to be levied ti�ithin Impro��ement Area No. 2 shall be collected through a direct billing procedure by the District. SECTION 7. Public Hearing. Notice is ei��en that on the ] ]th day of February, 2014, [NOTE: The Agenda Statement says Februar�• d`h] at the hour of 2 o'clock p.m.. in the regular meeting place of the Cit}� Council bein� the Council Chambers, located at 276 4`� Avenue, Chula Vista; California, a public hearing �i�ill be held �ahere this City Council �+ill consider the establishment of the proposed District, the designation of the Impro��ement Areas therein; the proposed rate and method of apportionment of the special taxes proposed to be le��ied within each Impro�ement Area, and all other matters as set forth in this resolution of intention. At the above-mentioned time and place for public hearine any persons interested, including Resolution �?o. 2014-004 Paee No. 4 tazpayers and property o�mers ma}� appear and be heard. The testimony of all interested persons for or against the establishment of the District; the extent of the District, the designation or eatent of the Improvement Areas or the furnishing of the services, will be heard and considered. Any protests may be made orally or in ��Titing. However, any protests pertaining to the regulariri or sufficiency of the proceedings shall be in ti�iting and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City Council on or before the time fiaed for the public hearine. Written protests may be withdra�vn in writing at any time before the conclusion of the public hearing. If a written majority protest against the establishment of the District is filed, the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the special tax, those services or that ta� shall be eliminated from the proposed District by the City Council, before the City Council takes action to establish the District. SECT[ON 8. Election. If following the public hearing described in the Section above; the City Council determines to establish the District and proposes to levy a special tax within each of the Improvement Areas N�ithin the District, the City Council shall then submit the levy of the special ta�es to the qualified electors of each such Improvement Area. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within any Improvement Area for each of the ninery (90) days preceding the close of the public hearing, the vote shall be by registered voters of such Improvement Area, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of such Improvement Area who were the o�i�ners of record at the close of the subject hearing, with each landowners or the authorized representative thereof; having one (1) vote for each acre or portion of an acre of land owmed within such Improvement Area. A successful election relating to the special tax authorization shall, as applicable, establish and/or change the appropriations limit as authorized by Article XIIIB of the Califomia Constitution as it is applicable to this District. SECTION 9. Designation of Authorized Representative for Voting. The City Council hereby designates the Cit}� Manager or his authorized representative as the person authorized to submit a bal]ot for and on behalf of the City for the purposes of submitting a ballot in the election described in the Section abo��e. SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by causing a Notice of Public Hearing to be published in the legally designated ne��spaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set For the public hearing. Resolution No. 2014-004 PaQe No. > Presented b}� Appro��ed as to form b.� . � , chaz � . Ho ki GI n R. Googins � Director of Engineering Ci v PASSED. APPROVED, and ADOPTED bv the Cit�� Council of the Citv of Chula Vista. Califomia, this 7th day oFJanuar�� 2014 bv the follo�vine vote: AYES: Councilmembers: Aeuilaz, Bensoussan. Ramirez. Salas and Cox NAl'S: Councilmembers: None ABSEI`'T: Councilmembers: None � J Cheryl Cos, n yor ATTEST: —1�� /Ynit�-( Donna R. Noms. C C. Cirv Clerk STATE OF CALIFORI�'IA ) COtNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris; City Clerk of Chula Vista, Califomia; do hereby certifi� that the foregoing Resolution No. 2014-004 was duly passed, approved, and adopted by the Cin� Council at a reeular meeting of the Chula Vista Citv Council held on the 7th day of Januarv 7. 2014. Elecuted this 7th dav of Januarv 2014. �� ,� �� Donna R. Noms. CMC. Cirv Clerk Resolution No. 20]4-004 Page No. 6 Ezhibit A Community Facilities District No. 14M (Eastern Urban Center/Millenia) Improvement Area No. 1 Description of Services The types of services to be funded by special taxes levied within [mprovement Area No. 1 (`'Services') shall include maintenance and servicing of the follo��ing facilities (the `'Improvement Area No. 1 Facilities") and any administrative eapenses related thereto: I. STREET FRONTAGE MAINTENANCE Eastlake Parkway� Trees Palms Planting Areas/Irrigation/Recycled water Rodent Control Enhances paving Birch Road Trees Palms Planting Areas/Imgation/Recycled �vater Rodent Control Enhanced paving Recycled Water Irrigation Meters Back flow preventer inspection Wireless for imgation controller Trash Receptacles Bike rack Benches Bus Rapid Transit Facility Palms Planting Areas/Irrigation/Recycled ��atcr Rodent Control Decomposed Granite Medians Eastlake Pkwy (Birch to Hunte Pk�ry) 50% Birch (I-125 to Eastlake Pk�y) ]00% Pedestrian Bridge (over Eastlake Pkwy) Resolution No. 2014-004 Pa�e I�'o. 7 Bus Stop Trash receptacles Maintenance II. PARI� MAINTENANCE (PUBLIC URBAN PARKSI Frontages (Parl:s 1, 2, 4, 5 aud 6) Trees—shade Palms Plantine Areas/Imeation/Rec��cled ��ater Rodent Control Rec��cled �tiater Imeation A4eters Back flow preventer inspection Wireless for imeation controller Enhanced pavin� Porous pavers Decomposed Granite Uplightin� Decorati��e Liehtine Planting/Irrigatiou Trees— shade Trees—omamental Palms Plantine Areas/[rrieation/Recvcled �rater Sodllrrisation/Recvcled Vdater Rodent Control Rec��cled �1'ater Imeation Meters Potable Water Irri2ation Meters �l'ireless for imgation convoller Back flow preventer inspection Hardscape Seat Wall Flahvork Pedestrian pavine (concrete and pavers) Decomposed granite Playground surfacine Resolution No. 2014-004 Pase No. S Site Furniture Bike Racks Trash Receptacles/Collection Dog Waste Bag Dispenser/Collection/Disposal Benches Picnic Tables Moveable Tables and Chairs Umbrellas Decorative Li�hting Metalwork Metal fence/gate Site Amenities/Features Fountain Fountain— Interactive or large Spray Park SCADA Monitoring System Signage, Wayfinding Elements Sculpture, Art Elements Playground Equipment Overlook Platform Tree House Outdoor Theater Regional Trail Regional trail Structures Restrooms, Maintained storage Gazebo, Pavilion Trellis, Overhead Structure Athletic Facilities Basketball Court Tennis CouR Ill. BIORETENTION MAINTENANCE Bioretention Basins Inspection/Ongoing Maintenance Replacement 3 times per 100 yeazs Street M Underground Detention Resolution ?�'o. 2014-004 Pa�e I�'o. 9 IV. STORA'I «'ATER A4AINTENANCE �i'olf Can��on Detentio� Basin Vesetation Removal Silt Remo��al Main[enance Silt Remo��al Screen Replacement Engineer's Inspection Periodic Inspection and A4aintenance Biorete�tion Facilities Poggi Can�•on Channel Detention Basin Birch Street Filters Vactor Truck Replacement For purposes of this description of the Sen�ices to be funded by the le��y of Special Ta�es within Improvement Area No. I; "maintenance ' includes, but is not limited to, the furnishine of sen�ices and materials for the ordinarv and usual maintenance, operation, and servicine of any of the Impro��ement Area No. 1 Facilities, includins: � (a) Repair, removal, or replacement of all or any part of an}� Impro��ement Area 1�'0. 1 Facilities. (b) Providine for the life, ero��nh, health, and beauty of landscaping, indudina cultivation, irrigation, trimmine; spra}�ine, fertilizing, or treatins for disease or injun-. (c) The removal of trimmings, rubbish, debris, silt, and other solid ti�aste. (d) The deanine, sandblastine. and painting of walls and other Impro��ement Area No. 1 Facilities to remove or cover graffiti. (e) The elimination, control, and remo��al of rodents and vermin. For purposes of this description of the Sen�ices to be funded b�� Special Ta�es levied ��thin Improvement Area No. 1; "sen�icing' includes; but is not limited to, the fumishing of: (a) Electric current or energv. eas, or other illuminating aeent for any public lighting for Improvement Area No. 1 Facilities or for the lightino or operation of any other improvements related thereto. (b) Water for the irrigation of any landscapine, the operation of an�� fountains, or the maintenance of an}� other Improvement Area No. ] Facilities. For purposes of this description of the Services to be funded by the levy of Special Ta�es within [mpro��ement Area I�'o. 1, "administrative expenses ' means the actual or estimated costs incurred by the City, actine for and on behalf of the District as the administrator thereof to determine, le��- and collect the Special Taces within Impro��ement Area I�io. 1, indudine salaries of City emplo}�ees and a proportionate amount of the Cit��`s eeneral administrati��e o�•erhead related thereto, and the fees of consultants and legal counsel pro��iding sen�ices related to the administration of the District; the costs of collecting instaliments of the Special Ta�es levied ��ithin Improvement Area No. 1; and an}� other costs required to administer Improvement Area I`ro. 1 as determined b�� the Citv. Resolution No. 2014-004 Page No. 10 Eshibit B Communih� Facilities District No. 14M (Eastern Urban Center/Millenia) Improvement Area No. 2 Description of Services The types of services to be funded by Special Taaes levied within Improvement Area No. 2 ("Services') shall indude maintenance and servicing of the following facilities (the "Improvement Area No. 2 Facilities") and any administrative expenses related thereto: I. PARK MAINTENANCE (PUBLIC URBAN PARKS) Frontages (Parks 1, 2, 4, 5 and 6) Trees—shade Palms Planting Areas/Irrigation/Recycled water Rodent Control Recycled Water Inigation Meters Back flow pre��enter inspection Wireless for irrigation controller Enhanced paving Porous pavers Decomposed Granite Uplighting Decorati��e Lightina Planting/Irrigation Trees— shade Trees—ornamental Palms Planting Areas/Irrigation/Recycled water Sod/]rrigation/Recycled Water Rodent Control Recycled Water Irrigation Meters Potable Water Irrigation Meters Wireless for irrigation controller Back flow preventer inspection Hardscape Seat Wall Flarivork Pedestrian paving (concrete and pavers) Decomposed granite Playground surfacing Resolution I�'o. 2014-00� Paee No. 11 Site Furniture Bike Racks Trash Receptades/Collection DoQ Waste Bag Dispenser/Collection/Disposal Benches Picnic Tables n4oveable Tables and Chairs Umbrellas Decorative Liehtine Dletalwork Metal fence/sate Site Amenities/Features Fountain Fountain— Interacti��e or laree Spray Park SCADA MonitorinQ System Sienaee. Vdavfindine Elements Sculpture. Art Elements Playground Equipment O��erlook Platform Tree House Outdoor Theater Regional Trail Reeional trail Structures Restrooms, A9aintained storage Gazebo. Pa��ilion Trellis. Overhead Structure Athletic Facilities Basketball Court Tennis Court For purposes of this description of the Services to be funded bv Special Ta�es levied �vithin Impro��ement Area No. 2, `'maintenance ' includes. but is not limited to, the fumishing of sen•ices and materials for the ordinar�� and usual maintenance; operation. and sen�icing of any of the Improvement Area\'o. 2 Facilities, includine: (a) Repaic remo��al; or replacement of all or any paR of an}� Improvement Area I�'o. 2 Facility. (b) Pro��idine for the life, ero��th. health; and beauty of landscapins, includine cultivation, imeation. trimming, spra��ing, fertilizing, or veating for disease or injury. (c) The removal of trimmings, rubbish, debris, and other solid �+�aste. Resolution No. 2014-004 Page No. 12 (d) The deaning, sandblasting, and painting of walls and other Improvement Area No. 2 Facilities to remove or cover graffiti. For purposes of this description of the Services to be funded by Special Taxes levied ��ithin Improvement Area No. 2, "servicine' includes the furnishing of: (a) Electric current or energy, gas; or other illuminating agent for any public lighting for Improvement Area No. 2 Facilities or for the lighting or operation of any other improvements related thereto. (b) Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of an}� other lmprovement Area No. 2 Facilities. Resolucion No. 2014-00� Paee No. 13 Exhibit C CITP OF CHLZA �1STA COA'Il�7U1TT1'FACILITIES DISTRICT�O. 14M R4TE AND !�'IETHOD OF APPORTIOn!�gNT FOR L�'IPRO�'E�'IENT AREA NO. 1 rLn"D IMPRO�'En'fENT AREA NO. 2 (Eastem lirban Center/Millenia) A Special Tax of Communit�� Facilities District?vo. 14?�4 (Eastem Urban Center/A4illenia) of the City of Chula Vista ("CFD") shall be levied on all Ta�able Propem� in the CFD and collected each Fiscal Yeaz commencins in Fiscal Year 2014-201� in an amount determined throueh the application of the rate and method of apportionment of the Special Tax set forth below. All such Tacable Propem� shall be ta.�ed for the purposes, to the extent and in the manner herein provided. A. DEFI\ZTI01S The terms hereinafter set forth have the followine meanines: "`A' D1ap" shall mean a master final subdivision or pazcel map. filed in accordance u�ith the Subdivision A4ap Act (Califomia Govemment Code Section 66410 et seq.) and the Chula Vista Municipal Code; which subdi�ides the land or a portion thereof shoNn on a tentative map into "super block" lou corresponding to units or phasing of combination of units as sho��m on such tentati��e map and which ma�� further show open space lot dedications, backbone sueet dedications and utility easemenu required to serve such "super block" lots. "Acre or Acreage" means the land area of an Assessors Parcel as shown on an Assessor's Pazcel Map, or if the land area is not sho��m on an Assessor's Parcel D4ap, the land azea sho�tiT on the applicable Final Subdivision A4ap, other final map; other pazcel map; other condomuvum plan. or fuuctionalh equi�alent map or instrument recorded in the Office of the Countv Recorder. In the e��ent that pazcel acreage information is not a<<ailable from the sources previously listed, San Dieeo County GIS data ma�• be utilized. The square footaee of an Assessor's Pazcel is equal to the Acreage multiplied b��43;�60. "Act" means the Mello-Roos Community Facilities Act of 1982; as amended, beins Chapter 2.�; Pazt 1; Division 2 of Title � of the Gocernment Code of the State of California. "Administrati�e Expenses" means the actual or estimated cosu incurred by the Cin�, actine for and on behalf of the CFD as the administrator t6ereo£ to determine; le�y and collect the Special Taxes within Lnprovement .1rea I�'o. 1; including salaries of Cin emplo}�ees and a proportionate amount of the City's eeneral administrative overhead related thereto; and the fees of consultanu and le�al counsel providing sen�ices related to the adminisvation of Improvement Area?�'o. 1; the costs of collectine installments of the Special Taxes within Improvement Area No. 1; and any other cosu required to administer Improvement Area 1Vo. 1 as determined bv the Cin�. Ciry•of Chula I%isra-Communiry Faciliries Disrrict No.14M(Eastern Urban Center/Afillenra) Page 1 Resolution No. 2014-004 Page No. 14 "Apartment Properq•" means a dwelling unit within a building comprised of attached residentia] units available for rental b��the eeneral public, not for sale to an end user, and under common manaaement. "Approced Propem�" means all Assessor's Parcels of Taxable Propem�: (i) that are included in an '.4' Map, eacluding lettered ]ots thereon, or a Final Subdivision b4ap; excludin� lettered lots thereon, that ��ere recorded prior to the March 1�` precedine the Fiscal 1'ear in N�hich the Special Taz is being levied. and (ii) that ha��e not been issued a buildine permit prior to the March ]�`preceding the Fisca] Year in which the Special Tax is beine le��ied. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map «�ith an assi�ned assessor's parcel number. If any parcel of Public Urban Parks Propert}� is not shown on an Assessor's Parcel n9ap or assigned an assessor's parcel number, an Assessors Parcel of such property shal] mean that propem� as shown on the instrument conve}ing the title of such property to the City. "9ssessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Ta� Requirement and providing for the levy and collection of the Special Taxes. "CFD" means Community Facilities District No. ]4M (Eastem Urban Center/Millenia) ofthe Ciq�of Chula Vista. "CFD Boundan� Map" entitled "Proposed Boundaries of Communih�Facilities District No. 14M (Eastem Urban Center/Millenia), City of Chula Vista. County of San Diego, State of Califomia' as recorded in the Office of the County Recorder of the County of San Dieeo on January 23, 2014 as Document 1�'0. 2014-0030�58 at Paee 39 of Book 44 of the Book of n9aps of Assessment and Community Facilities Districts for such Counq�. "Cih•" means the City of Chula Vista. "Cih' Clerk" means the City Clerk for the Cit}�of Chula Vista or his or her designee. "Cit}� ]1lanager" means the City Manager for the Ciq� of Chula Vista or his or her designee. "Cih� Share" means the Cit}?s Share of the budgeted costs of the maintenance of the Public Urban Parks Propert��, as determined in accordance with the Eastern Urban Center Pazks Agreement arid Section E below. "Communih� Purpose Facilih� Property" or "CPF Propert��" means all .Assessors' Parcels��hich are classified as community purpose facilities and meet the requirements of Cih�of Chula Vista Ordinance No. 2452. CiN ojChulo I%ista-Commvmrn Facilines Distnct T'o./4A9(Easlern Urbma Ceate�/A1rllen�a) Page 2 Resolution No. 2014-004 Page No. 1� "Council" means the Cin Council of the Cih� of Chula Vista actine as the lesislati��e body of the CFD. "Counri�" means the Counri of San Dieao. Califomia. "De��eloped Properh�" means ali Taxable Propem� for w�hich a building permit was issued prior to the A�azch 1 st preceding the Fiscal 1'eaz in which the Special Ta�: is beine levied. "Dwelling linit" means each sepazate residential dti�elline unit that comprises an independent facilitv capable of conve}�ance or rental sepazate from adjacent residential dwellinff uniu. "Eastern Urban Center Parl:s AgreemenN' means that certain Agreement Regarding Construction of Pazks in a Portion of Ota}�Ranch Eastem Urban Center made and entered into as of the 1�th da}� of September, 2009 b�� and bet��een the Cin� and McD4illin Otay Ranch LLC. as recorded on October 28. 2009 ��ith the San Dieeo Counrv Recorder`s Office; Document Number 2009-0�99i89; or as otherwise modified and agreed upon by all parties thereto. "Final Subdivision Map" means a subdivision of propert}� creatine buildable lots bv recordation of a final subdivision map or pazcel map pursuant to the Subdivision Map Act (Califomia Govemment Code Section 66410 et seq.), or recordation of a condomuuum plan pursuant to Califomia Civil Code li52, that creates individual lou for ��hich buildine permits mav be issued ��ithout further subdivision and is recorded prior to A4azch 1 preceding the Fiscal Year in �+�hich the Special Tax is being levied. "Fiscal 1'ear" means the period startin2 July 1 and ending on the follo�ving June 30. "lmprovement Area \o. P' means all property within the boundaries of such improvement area as sho«n on tbe CFD Boundary h4ap. °Impro��ement Area No. 1 Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal I'eaz to pay for the authorized maintenance sen�ices for Improvement Area No. 1 as described in the CFD special ta�c report and Administrative Expenses. "Impro��ement Area No. 1 Operatiog Fund Requirement" means; for any Fiscal Year, an amount equal to the budgeted costs for Impro��ement Area No. 1. The budgeted costs for Improvement Area I`'o. 1 shall equal (i) the ereater of(A) �0% of the budgeted costs for maintenance of the Public Urban Pazks Propertv and (B) ]00% of such budeeted costs minus the City Shaze; plus (ii) the budget costs of landscape maintenance; street frontage maintenance, bio-retention maintenance; storm ��ater maintenance, and the maintenance; repair and replacement of the facilities and improvements, other than the Public Urban Parls Propem�, which have been accepted and or maintained by tt�e CFD during the current Fiscal Year; plus (iii) the budgeted Administrative E�penses for the current Fiscal 1'eaz in�tihich Special Ta�es aze levied. Crry ojChula I'ism-Communitv Facilities District A'o.14M(Eastern Ur6an Center/MilleniaJ Page 3 Resolution No. 2014-004 Page No. 16 "Impro�ement Area iVo. 1 Resen�e Fund" means a fund that shall be maintained for the CFD for Improvement Area No. 1 for each Fiscal Yeaz to provide necessary cash flo�� for the first six months of each Fiscal Year, resen�e capital to cover monitoring; maintenance and repair cost overruns and delinquencies in the payment of Special Taxes within Improvement Area No. 1 and a reasonable buffer to prevent lazge vaziations in annual Special Taa levies within Improvement Area No. 1. "Improvement Area No. ] Resen�e Fund Requirement" means an amount equal to up to 100% of the Improvement Area No. 1 Operating Fund Requirement for any Fiscal Yeaz. "Impro��ement Area No. 1 Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (i) pay the Improvement Area No. 1 Operating Fund Requirement (ii) pay any amounts required to establish or replenish the Improvement Area I�'o. 1 Reserve Fund to the Improvement Area No. 1 Reserve Fund Requirement; (iii) pay for reasonably anticipated delinquent Special Taaes within Improvement Area No. 1 based on the delinquency rate for Special Taaes levied in the previous Fiscal Yeaz within Improvement Area No. 1; less (b) a credit for funds available to reduce the annual Special Ta�: le��}�, including the excess, if any, in the Improvement Area No. 1 Resen�e Fund above the Improvement Area No. 1 Reserve Fund Requirement and any amount remaining in the Impro��ement Area No. 1 Operating Fund that is available to pay the Improvement Area No. l Operating Fund Requirement in such Fiscal Yeaz. "Improvement Area No. 2" means all property within the dish-ict boundaries that is o��ned by the City and classified as Public Urban Parks Property. "Improvement Area 1�'0. 2 Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to pay for the authorized maintenance services for Improvement Area No. 2 as described in the CFD special tah report. "Improvement Area No. 2 Operating Fund Requirement" means, for any Fiscal Yeaz, an amount equal to the City Share. "Impro��ement Area No. 2 Special Tax RequiremenY' means that amount required in any Fiscal Yeaz for the CFD to pay the Improvement Area No. 2 Operating Fund Requirement less a credit for funds, if any, available to reduce the annual Special Ta�c le��}� within Improvement Area No. 2 and any amount remaining in the Improvement Area I�TO. 2 Operating Fund that is available to pay the Improvement Area I�'o. 2 Operating Fund Requirement in such Fiscal Year. "Land Use Class" means any of the classes listed in Table 1. "Mazimum Special Tax" means the maaimum Specia] Taa, deternuned in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Propem-. Gn-ofC/iula Vista-Commwtqt�Facdines Disiricl A'o.14M(Eustern Urba�i Cen�er/D1�lleieiu) Puge 4 Resolution No. 201�-00� Paee No. 17 "D4ued tise Properh�" means all Assessor's Pazcels that have been classified bv the Cin� to allow both Residential Property and I�'on-Residential Propert}• uses on each such Assessor`s Parcel. For an Assessor's Pazcel of A4i�:ed Use Propem�; onh� the Residential Land Use Class thereon is subject to taxation pursuant to the pro��isions of Section C. "Multi-Family Properh�" means all Assessor's Parcels of Developed Propert}� for which a buildina permit has been issued for a residential structure consistin2 of tw�o or more residential d«�elline units that shaze common ��alls. indudina. but not limited to. duplexes, triplexes; tow�nhomes, and condominiums. � "Non-Residential Properh�" means all Assessor's Parcels of Developed Propertti� for �vhich a building permit(s) has been issued for a swcture or structures for non-residential use. "Ordinance" means the Chula Vista Community Facilities District Ordinance; being Ordinance I�'o. 2730 enacted on April 28, 1998; as modified and supplemented by Ordinance I�'o. 3293. enacted on December 17. 2013. "Properh' O«�ner Association Properh'" means any property H�ithin the CFD boundaries that is o�med by, or irrevocably dedicated as indicated in an instrument recorded ��Rth the County Recorder to; a propert,y oHmer association, including any master or sub-association. "Proportionately" means in a manner such that the ratio of the actual Special Ta� le�ry to the Ma�:imum Special Ta� is equal for all Assessors Parcels of Taxable Property ��thin each Land Use Class. "Public Propert��" means any property w�ithin the CFD boundaries that has pro��ided proof to the City prior to Mazch 1 st precedine the Fiscal Year in H�hich the Special Tax is beina levied; that it is expected to be used for an}� public purpose and is owmed by or dedicated to the federal eovemment; the State; the Counn�, the Citi� or any other public a�ency, excluding Public Urban Parks Propem�. "Public Urba� Parks" means those parks to which the Cit}� accepts title pursuant to the Eastem Urban Center Parks Aareement. "Public Urban Parl:s Properh�" means all Assessor's Pazcels that aze o�med b�� the Ciri� and upon which the Public Urban Pazks aze located or to be located. "Residential Properh�" means all Assessor's Pazcels of Developed Property classified as Apartment Propert}� or A4ulti-Family Propem� for „�hich a buildine permit(s) has been issued for purposes of constructing one or more residential d�+�elline uniu. "Special Tax" means the Special Ta� le��ied pursuant to the provisions of sections D and E belo�� in each Fiscal Year on each Assessor's Parcel of De��eloped Property; Approved Propem-, and Undeveloped Property in Improvement Area I�'o. 1 to fund the Improvement rlrea I�'o. 1 Special Ta� Requirement and the Public Urban Pazks Property to fund the Improvement Area A'o. 2 Special Ta� Requirement. Citv ofChula I%ista- Communrrv Facilities District No.l4M(Eastern Urban Cenrer/A�illeniaJ Page i Resolution No. 2014-004 Page No. 18 "State" means the State of California. "Tasable Properh�" means, as to Improvement Area No. 1, all of the Assessor's Parcels within the boundaries of Improvement Area No. 1 that are not exempt from the Special Tax pursuant to law or as defined below under Tax-Exempt Propem� and; as to Improvement Area No. 2; all Assessor's Parcels of Public Urban Pazks Propert}�. "Taa-Exempt Property" means an Assessor's Pazcel not subject to the Special Tax. Ta�-Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Propert}� e�cluding Tasable Property Owner Association Property, or (iii) Assessor s Pazcels of Ta.�able CPF Property that is owned by a non-profit organization and has provided proof to the Cit}� prior to the March 151 preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (iv) Assessor s Parcels ��ith public or utility easements making impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property �vhich is not ea:empt from the Special TaK pursuant to Section F below. "Undeveloped Property" means, for each Fiscal Year, all Ta�able Property not classified as Developed Property, Approved Property or Taxable Property Owner Association Property. B. ASSIGNAZENT TO LAND USE CATEGORIES Each Fiscal Yeaz using the definitions above, all Ta�able Property within the CFD shall be (a) categorized as being located in either Improvement Area No. 1 or Improvement Area No. 2; (b) classified as Developed Property, Public Urban Parks Property; Approved Property; Undeveloped Property, Ta�cable Property Owner Association Property, and Ta�able CPF Property, and (c) subject to the le�y of Special Taxes pursuant to Sections D and E below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. The Land Use Class of each Assessor's Parcel of Residential Property or Mired Use Propert}� shall be determined based on the records of the San Diego County Assessor, or other such information provided by the City. Assessor's Parcels of CPF Property not classified as e�:empt in accordance with Section F below shall be taxed as Non- Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is undeveloped it shall be classified as Undeveloped Property. Cih�of Chzda Nista- Communrh-Facilities District No.14A4(Easlern Urbun Center/A?illeniaJ Page 6 Resolution I�'o. 2014-00� Pase No. 19 C. NI.��iIn'IUn1 SPECIAL T_�� RATE 1. Impro��ement Area \o. 1 a. Developed Propem� TABLE 1 nZazimum Special Tax for De��eloped Propertv Communih� Facilities District 1�'0. 14D1 - R ithin Impro��ement Area iVo. 1 Laud Use Alabimum Class Description Special Ta� 1 I .Apartment Propertv I $159.00 per Dwelline Unit 2 I ?�4ulti-Famil}�.Propem� I $2�2.00 per D�oelling Unit 3 Non-Residential Pro ertv � 51,2�9.00 er Acre A4ultiple Land Use Classes In some instances an Assessors Pazcel of Developed Property mav contain more than one Land Use Class. The Maximum Special Ta�: that may be levied on an Assessors Pazcel shall oniv be levied on the Residential Propert}� Land Use Class located on that Assessor Parcel(s). Sample Maximum Special Tax Calculation for Mixed Use (I�'on-Residential Pronem� and Apartment ProDertvl Under the proposed ezample, assume that Assessors Pazcel Number 1 is classified as a Mixed Use Property. Assessor`s Pazcel I�'umber 1 is a 2 Acre parcel that contains 10,000 square feet of retail shops and Apartment Propert}� with 10 residential d��ellin� units. The follo��ins table sho�a�s �hat the expected annual A4a�:imum Special Tax would be for Assessors Parcel I�TUmber 1. No. of Non-Residential Residential Assessor Residential Property Property� Total Annual Parcel Parcel D��elling Alaxiroum A4asimum A4asimum iVo. Acreage Units Special Tax Special Tax Special Tax t 2.00 I 10 I �0.00 51;890.00 S1;890.00 (1) The A4aaimum Special Tax is based upon the initial Maa:imum Special Tax rates as defined in Table 1. Ciry ofChula 1'ism-Communitv Facilrries District A'o.14A9(Eastern lirban Center/A�i!(eniaJ Page 7 Resolution No. 2014-004 Page No. 20 b. Approved Propertv. Undeveloped Propertv and Taxable Propem� ON�ner Association Propem within Improvement Area No. 1 The T4aximum Special Ta� for Approved Property; Undeveloped Property and Taxable Propert}' O�mer Association Property shall be $4359.00 per Acre. 2. Improvement Area No. 2 a. Public Urban Parks Propertv TABLE 2 Maximum Special Tax for Public Urban Parks Property Community Facilities District No. 14M within Impro��ement Area No. 2 Land Use Maximum Class Description 5pecial Tax 1 Public Ur6an Parks $33,049.00 per Acre Pro e 3. Annual Escalation of Maximum 5pecial Tax The Maaimum Special Ta�c for Improvement Area No. 1 and lmprovement Area I�'o. 2 as shown in Tables 1 and 2 above that may be levied on each Assessor's Parcel in the CFD shal] be adjusted each Fiscal Year beginning i❑ Fiscal Yeaz 2014-15 and thereafrer by a factor equal to the greater of, the positive percentage chanee in the San Diego Metropolitan Area All Urban Consumer Price Inde� (All Items) from the base date of June 1, 2013 through June I of the prior Fiscal Yeaz, or 0%; provided the Maximum Special Ta� shall never be less than the amounts sho�;�n in Tables 1 and 2; respectively. D. AZETHOD OF APPORTIONMENT OF THE SPECIAL TAX FOR IMPROVEMENT AREA l�'O. 1 Commencing ��ith Fiscal Year 2014-]5; and for each following Fiscal Year, the Council shall lev}� the Special Tax in lmprovement Area No. ] at the rates established pursuant to steps 1 through 4 belo�v so that the amount of the Special Tax levied equals the Improvement Area I�'o. 1 Special Ta� Requirement. The Special Tax in Improvement Area No. 1 shall be le��ied each Fiscal Year as follows: First The Special Ta� shall be levied Proportionately on each Assessors Parcel of Developed Property ��ithin Improvement Area No. 1 up to ]00% of the applicable A�aaimum Special Tas; Cih�ofG�ula Yism- Communih>Facili�ies Districr A'o 1�A�(Eas�eiv� Urbuia Center/A9i/leiaia) Page S Resolution No. 2014-004 Paee No. 21 Second: If additional monies aze needed to satisfy the Improvement Area ?vo. 1 Special Tax Requirement afrer the first step has been completed, the Special Ta.l shall be levied Proportionatelv on each Assessor's Pazcel of Approved Propem� at up to 100% of the A4aximum Special Tax for Appro��ed Propem; Third: If additional monies aze needed to satisfy the Improvement Area ?�TO. 1 Special Tax Requirement afrer the first h��o steps have been completed; the Special Tax shali be le��ied Proportionately on each Assessor's Pazcel of Unde��eloped Propem at up to 100% of the A4aximum Special Tax for Undeveloped Propem; Fourth: If additional mone�s aze needed to satisfi� the Improvement Area I�TO. 1 Special TaX Requirement afrer the first three steps have been completed, the Special Tas shall be levied Proponionareh� on each Assessor's Pazcel of Taxable Propem O«ner Association Propem� at up to 100% of the D4aximum Special Ta� for 7a�able Propem� O��ner Association Propem�. I�'otw�ithstanding the abo�e, under no circumstances ��ill the Special Tai le��ied aeainst an}� Assessors Pazcel of Multi-Famil}� Propem or Aparrment Propem� for ��hich an occupancy permit for pri��ate 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 bv the owmer of am� other Assessoi s Pazcel ��ithin Improvement Area No. 1. E. n'IETHOD OF APPORTI0I�ZENT OF THE SPECIAL TAX FOR IA'IPROVEn4ENT AREA \`O. 2 Commencins �+�ith Fiscal Yeaz 2014-1�, and for each follo��ina Fiscal Yeaz. the Council shall le�� the Special Ta� Proportionately on all Public Urban Pazks Property H=ithin Improvement Area I�'o. 2 up to 100% of the Ma�imum Special Tat as necessarv to fully fund the Improvement Area No. 2 Special Tas Requirement. For the purposes of determining the Improvement Area No. 1 Operating Fund Requirement and the Improvement Area No. 2 Operatine Fund Requirement, the City Share shall be the lesser of the amount determined in Step One and Step T��o belo�;�. Step One: The City shall calculate the amount equal to �0% of the budgeted costs for maintenance of the Public Urban Pazks Property that has been accepted and or maintained bv the CFD durin2'the current fiscal year; for the current fiscal veaz in ti�hich the Special Ta�:es aze beine levied, and for Public Urban Parks Propem- that the City anticipates acceptine during the upcomine Fiscal Yeaz. Step T��o: As outlined in Section �.1(a) of the Eastem Urban Center Pazks AQreement, each Fiscal Yeaz. after the Council adopts the City`s annual operating budget the Cit�� shall calculate the Cin's total annual public park maintenance cost included in the budget. The Cim shall also calculate the acreage of public parks that are maintained and Cin�ofChula f%ista-Communirn Faciliries Disvicr T`oJ-0A1(Eastern Ur6an Center/Mrllenia) Page 9 Resolution No. 2014-004 Page No. 22 owred bv the City and included in the budget (including the Public Urban Parks Properq� for which the Cih� has accepted title). The total annual cost shall be divided by the total park acreage to determine the Cit}�'s average annual park maintenance cost per acre for that Fisca] Yeaz. This amount shall be multiplied by 21.51 acres and then multiplied by a fraction, the numerator of «�hich is the acreage of the Public Urban Pazks Propert}� for which the Cin� has accepted title and for which the City is currently assessine a Special Taa: in anticipation of acceptance by the City and the denominator of which is 10.60 acres. If the amount calculated pursuant to this Step Two is lower than the amount calculated under Step One above, it shall be the City Share unless the City Manager; at his or her oti�n sole discretion, elects to use the higher amount as the Cit}� Shaze in order to maintain the fifty/fift}� (50-�0) split of maintenance costs as outlined in Section �.1(a) of the Eastern Urban Parks Agreement. F. Ea'EMPTIONS The CFD Administrator shall classify as Tar.-Exempt Property (i) Assessor's Pazcels defined as Public Property, (ii) Assessor's Pazcels defined as CPF Property that are owned by a non-profit organization which provides proof to the City prior to March 151 preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as Tax-Exempt Property within Improvement Area No. 1 those Assessor`s Parcels defined as Property Owner's Association Property provided that no such classification would reduce the sum of all Taxable Property within Improvement Area No. 1 to less than 130.39 Acres. Assessor's Pazcels defined as Property Owner Association Property and CPF Properiy that cannot be classified as Tax- Exempt Property will be classified as Ta�able Property Owner Association Property and shall be taxed as part of the fourth step in Section D. The CFD Administrator will assign taa-exempt status in the chronological order in which property becomes exempt Public Property or CPF Property or Tar-Exempt Property O��mer Association Propert}�. However, should an Assessor's Parcel no longer be classified as Public Property or CPF Property or Tas-Esempt Property O�mer Association Property, its tax-exempt status �i�ill be revoked. Ta�cable Property Owner Association Property that is not exempt from the Special Ta�c under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Ma�imum Special Ta�: for Taaable Property Owner Association Property and Taxable CPF Property. There shall be no Tax-Exempt Property within Improvement Area No. 2. Cih�ofChtda Vis1a- Commumry Faci/itres District A'o 14M(Eustern Urbaii Center/A4illeina) Page 10 Resolution No. 2014-004 Pa�e No. 23 G. APPEALS Anv lando��mer or resident ��ho pa��s the Special Ta� and believes that the amount of the Special Tax le�ied on their .Assessor`s Pazcel is in error shall first consult ��ith the CFD Administrator reeazdine such error. If follo�rine such consultation, the CFD Adminisvator determines that an error has occurred: the CFD Administrator mav amend the amount of the Speciai Tax levied on such Assessor's Parcel. If follo��2na such consultation and action. if an�� by the CFD Administrator; the landoHner or resident believes such error still exisu; such person mav file a ��ritten notice w�th the City Clerk of the Citv appealine the amount of the Special Tak le��ied on such Assessor`s Pazcel. Upon the receipt of an}� such notice; the Ciri� Clerk shall fon+�azd a cop}� of such notice to the Cih� Manaeer who shall establish as part of the proceedin2s and administration of the CFD, a special ttu�ee-member Revie�v/Appeal Committee. The Re��ie«�/Appeal Committee mav establish such.procedures; as it deems necessary to undertal:e the revie�� of an}� such appeal. The Revie�3�/Appeal Committee shall interpret this Rate and A4ethod of Apportionment and make determinations relative to the annual administration of the Special Tax and an}� lando��mer or resident appeals; as herein specified. The decision of the Re��iew/Appeal Committee shall be final and binding as to all persons. H. D1_41`l�TER OF COLLECTION Special Taxes levied in Improvement Area I�'o. 1 pursuant to Section D above shall be collected in the same manner and at the same tune as ordinarv ad valorem propertv ta.ies; provided, however, that the CFD Administrator ma}� directly bill the Special Tar; ma}� collect Special Ta�:es at a different time or in a different manner if necessar}� to meet the fmancial oblieations of the CFD or as otheni�ise determined appropriate by the CFD Administrator. Special Ta�es levied in Improvement Area I�'o. 2 pursuant to Section E above shall be collected by direct billine by the CFD Administrator, such Special Ta�es to be due and pa}�able and shall become delinquent at the same tune as Special Tates levied within Improvement rlrea No. 1. I. TERD4 OF SPECIAL TA,a Taxable Property in Improvement Area I�'o. 1 and Improvement Area I�'o. 2 of the CFD shal] remain subject to the Special Tax in perpetuin� or until the Council takes appropriate actions to terminate the Special Tat in both Improvement Areas pursuant to the Act. Cirv oJChula 1%ism- Communiry Facilrries Distrrct No.I4M(Eastern Urban Center/Millenra) Page 11