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HomeMy WebLinkAboutReso 2014-107 RESOLLiTIOr� tv0. 2014-107 RESOLUTION OF THE CIT1' COUi�'CIL OF THE CITl' OF CHliL.4 V"IST.4. CALIFORi�'IA. DECL.4RI1�'G ITS II�iTENTION TO AUTHOWZE THE A1��TEXATION OF 7ERRITORY TO CO?�4?�4LTNITY F.4CILITIES DISTRICT NO. 97-2 (PRESERVE AtiAI1vTENANCE DISTRICT) AND IMPROVEA4ENT ARE_4 "C" THERETO (AI`'i�7EXATION NO. 9) W�IEREAS. the City Council of the Citv of Chula \'ista, California, ("Citv Council'), formed a Communitv Facilities District and desi2nated certain impro��ement azeas therein pursuant to the terms and provisions of the "Mello-Roos Communit�� Facilities Act of 1982", beine Chapter 2.�. Part 1, Di��ision 2, Title � of the Govemment Code of the State of Califomia (the '`Act '), and the Citv of Chula Vista Community Facilities District Ordinance enacted pursuant to the poHers reserved b}' the Citv of Chula Vista under Sections 3, � and 7 of Article �I of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collecti�el}� as the "Communit�� Facilities District La���"). The Communin Facilities District has been desienated as COMMU?�'ITY FACILITIES DISTRICT NO. 97-Z (PRESERVE MAlt�'TENAI�'CE DISTRICT) (the "District") and the Impro��ement Areas ti�ere desienated as IA4PROVED4ENT AREA "A." IMPROVEA4EI�'T AREA �`B" and In4PR0\'EMEI�TT ARE.A "C ` of such District: and ��'HEREAS. the District was formed for the purpose of financine the monitoring, maintenance; operation and manaeement of public propert�� required to be maintained as open space or habitat presen�ation or both; and \�'HEREAS, Impro��ement .1rea `�C" ���as established to finance Presen�e Operations and Maintenance plus a pro-rata share of Administrative Expenses of the District as such terms aze defined in the rate and method of apponionment of special taxes (the "Improvement Area "C" Rate and Method") attached as Eshibit A hereto and incorporated herein b}� this reference; and 11'HEREAS. certain territom l:no�i�n as Villaee 8 l�'est located ���ith the Otav Ranch is proposed to be annexed to the District and Impro��ement Area "C" thereto and such temton� shall be known and desienated as COMMUTITI' FACILITIES DISTRICT NO. 97-2 (PRESERVE MAI?�'TEI�?ANCE DISTRICT): IMPROVEI�9ENT AREA "C," ANI�'EXATION I�'O. 9 (the "Temton� '); and R'HEREAS, this leeislative bod�� no�i desires to proceed to adopt its Resolution of Intention to annes the Temtorv to Improvement Area '`C.` to describe the territor}� included ���ithin Improvement Area "C" and the Territor}� proposed to be annezed thereto. to specif�� the sen�ices to be financed from the proceeds of the le�•�� of special ta�es within the Temtor��, to set and specif�� the special ta�es that would be le��ied ��ithin the Temtor}� to finance such sen�ices, and to set a time and place for a public hearine relatine to the anne�ation of the Temtor}� to the Improvement Area "C.": and Resolution No. 2014-107 Pase 2 VJHEREAS; a map showine the Territor}� proposed to be annexed has been submitted. which map has been pre��iously approved and a copy of the map shall be kept on file with the transcript of these proceedin�s. NO�'. THEREFORE. IT IS HEREBY RESOLVED AS FOLLOWS: Recitals. The abo��e recitals are all true and correct. Lesal Authorit��. These proceedings for annexation are initiated by this Cit}� Council pursuant to the authorization of the Community Facilities District LaH�. [ntent to Annex: Description of Territorv. This lecislative body hereby determines that the public convenience and necessity requires that the_ Territory be added to the District and Improvement Area "C" thereto and this City Council declares its intention to annex the Territory to the District and Improvement Area "C" thereto. A description of the boundaries and Territory proposed to be annexed is as follows: All that Territory proposed to be anneaed to the District and Improvement Area '`C" thereto, as such property is shown on a map as previously approved by this legislative body, such map entitled "Annexation Map No. 9 City of Chula Vista Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area `'C", City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map'), a copy of ���hich is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the District is hereinafrer described as folloti�s: All ihat property and territor}� as originally included ���ithin and pre��ioush- annesed to the District and Improvement Area "C` thereto; as such propem� is sho�i-n on maps of the original District and territory previousl}� annesed as approved by this City Council and designated b� the name of the original District and Anneaation Nos. 1 throuQh 8. A copy of such maps are on file in the Office of the Cit�� Clerk and have also been filed in the Office of the Countv Recorder. Name. The proposed annesation shall be kno�m and desi�nated as COMMUT�rITY FACILITIES DISTRICT NO. 97-2 (PRESERVE A9AINTGNANCE DISTRICT). 1�1PROVEMENT AREA '�C." ANNEaAT10N NO. 9. Sen�ices Authorized to be Financed bv the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied N�ithin Improvement Resolution I�'o. 2014-107 Pase 3 .Area "C" aze cenain sen�ices �ahich aze in addition to those provided in or required for the temton° �-ithin Improvement Area `'C" and N•ill not be replacing sen�ices alread�� a��ailable. A general description of such sen ices to be financed b�� the District is as follo���s: 7he monitorino: maintenance. operation and manaeement of public propem in which the Cit�� has a propert�� interest and N�hich conforms to the requirements of the Ordinance or pri��ate propert}� within the Ota�� Ranch Presen�e �;�hich is required b}� the Presen e O�iner/I�4anager to be maintained as open space or for habitat maintenance or both. Such propert�� ma�� be located outside the boundaries of the District and outside the jurisdictional boundaries of the Cit�� of Chula Vista. Such services shall not include the maintenance, operation and/or management oF am� propert�� o��med. maintained, operated and/or managed b}� the federal and/or state eovernment as open space, habitat maintenance and/or for am� other purpose. The District shall finance all direct, administrati��e and incidental annual costs and e�penses necessar� to pro�ide the such monitorine. maintenance, operation and manaeement of such public property. The same tvpes of sen�ices �ahich are authorized to be financed by the District from the proceeds of special ta�es levied �rithin Improvement Area "C" are the types of sen�ices to be pro��ided in the Territory. If and to the e�tent possible such sen�ices shall be pro��ided in common within the District and the Temtorv. Soecial Taxes. It is the further intention of this Cit�� Council body that, e�cept ���here funds are othenvise available, a special tas sufficient to pa}� for such sen�ices and related incidental expenses authorized bv the Communiri� Facilities District La�v. secured bv recordation of a continuine lien aeainst all non-exempt real property in the Territory, will be levied annuailv ���ithin the boundaries of such Temton�. For funher particulazs as to the rate and method of apportionment of the proposed special ta�. reference is made to the attached and incorporated E�hibit "A" (the `9mprovement Area `C- Rate and n4ethod"). ��hich sets fonh in sufficient detail the method of apportionment to allo��� each lando��ner or resident ���ithin the proposed Temtory to clearh� estimate the ma�imum amount that such person ���ill ha�=e to pa��. The special tax proposed to be le�ied �vithin the Temton� shall be equal to the special taz le��ied to pa}� for the same senices in Impro��ement Area "C.° escept that a higher or lo�+�er special tas ma�• be levied Nithin the Temton� to the estent that the acmal cost of pro��idino the services in the Territory is hi�her or lo«er than the cost of pro��iding those sen�ices in Impro��ement Area "C.`- \'ot«�ithstanding the foreooing, the special tax ma�� not be levied at a rate H�hich is hieher than the macimum special [ax authorized to be levied pursuant to [he Impro��ement Area"C" Rate and A4ethod. Resolution No. 2014-]07 Pa�e 4 The special ta�es herein authorized; to the eatent possible, shall be collected in the same manner as ad valorem propeRy taaes and shall be subject to the same penalties, procedure, sale and lien priority in an�� case of delinquency as applicable for ad valorem taaes. Any special taxes that map not be collected on the Count}� tax roll shal] be collected through a direct billine procedure by the Treasurer. The ma�imum special ta� rate in Improvement Area `'C" shall not be increased as a result of the anneaation of the Territon• to Impro��ement Area "C.° Public Hearine. I�'OTICE IS GIVEN THAT ON JULY 22. 2014. AT THE HOUR OF 2:00 PM CLOCK P.n9.. IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY. BEING THE COUNCIL CHAMBERS. 276 FOURTH AVENUE. CHULA VISTA. CALIFORI�TIA. A PUBLIC HEARING �'ILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT AND In9PROVEn4EI�'T AREA '`C" THERETO. TH� PROPOSED RATE AND METHOD OF APPORTIONn4ENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAII`'ST THE ANNEXATION OF THE TERWTORY OR THE LEVYING OF SPECIAL TA�ES �i'ITH[N THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY II�iTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY S[T FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WR[TTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE �'ITHDRAV��i AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARII�'G. Majorit�� Protest. lf(a) �0% or more of the registered voters; or six (6) registered voters, whichever is more, residing �i�ithin Improvement Area "C" of the District, (b) �0% or more of the registered voters, or six (6) registered voters, whichever is more; residing within the Territory. (c) owners of one-half or more of the area of land in the territory included in Improvement Area "C' of the District, or (d) owners of one-half or more of the area of land included in the Territory, file written protests aeainst the proposed anne�ation of the Territory to the District in the future and such protests are not withdraN�n so as to reduce the protests to less than a majority, no further proceedines shall bc undertaken for a period of one year from the date of the decision b}� the City Council on the issue discussed at the public hearing. Election. Upon the conclusion of the public hearing, if the legislative body determines to proceed with the anne�ation of the Territory, a proposition shall be submitted to the qualified electors of the Territor}�. The vote shall be by registered voters within the Territor��; provided. ho���ever, if there are less than 12 registered voters, the vote shall be bv lando���ners, with each lando�vner having one ��ote per acre or portion thereof�vithin the Territon�. Resolution No. ZO1�-107 Paee � ?�btice. Notice of the time and place of the public hearin� shall be ei�en b�� the Cit� Clerk b�� publication in the le�ally designated ne���spaper of �eneral cuculation, said publication pursuant to Section 6061 of the Go��ernment Code. N�ith said publication to be completed at least seven (7) davs prior to the date set for the public hearine. Presented ��• .Approved as to form bv � - - �� Kelh� G. on, FASLA Gl n R. Goosins Director of Develorment Sen ices Ci�.9tto�iie�� (Reriew�ed bv V�'arren Diven) PASSED. APPROVED. and ADOPTED bv the Cit�� Council of the Citv of Chula \%ista. Califomia. this 17th da�� of June 2014 b�� the follo�+�ins ��ote: .A1'ES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Cos NAYS: Councilmembers: None ABSEI�'T: Councilmembers: T�'one Chen�l Co�. Mav ATTEST: �,�����,�- Donna R. Noms. 4C. Citv Clerk STATE OF CALIFORi\'IA ) COLTNTI' OF SAN DIEGO ) CITl' OF CHULA VISTA ) I. Donna R. Norris. Citv Clerk of Chula Vista. Califomia. do herebvi cenif�� that the foreaoins Resolution No. 2014-107 ���as duh� passed; approved, and adopted by the Citv Council at a reeulaz meetine of the Chula Vista Cit�� Council held on the 17th da�� of June 2014. Executed this 17th da��of June 2014. Donna R. Norris. 4C. Citv Clerk Resolution No. 2014-107 Page 6 EaH1BIT A CITY OF CHULA V"ISTA COMMUI�'ITY FACILITIES DISTRICT NO. 97-2 (PRESERVE NIAII�'TEN.AI�'CE DISTRICT) IMPROVEMEI�'T AREA C A Special Taz 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 Z'ear commencing with Fiscal Year 2002-03 in an amount determined through the application of the rate and method of apportionment of the Special Ta� 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 purposes, to the e�tent and in the manner herein provided. A. DEFII�TITIONS The terms hereinafrer set forth have the folloti�ing meanings: "Acre or Acreage" means the land area of an Assessor's Parce] 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. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.�, Part 1. Division 2 of Title � of the Go��ernment Code of the State of Califomia. : "Administrati��e Espenses" means the actual or estimated costs incurred bv the City, acting for and on behalf of the CFD as the administrator thereof; to detern�ine; levy and collect the Special Ta�es, includino salaries of Cit}� employees and a proportionate amount of the Cit}�'s �eneral administrati��e overhead related thereto; and the fees of consultants and legal counsel pro��iding services related to the administration of the CFD; the costs of collecting installments of the Special Ta�es; and an� other costs required to administer Area C of the CFD as determined by the Citv. "Assessor's Parcel" means a lot or parcel sho�vn in an Assessor's Parcel Map with an assi�ned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the Count}� desienating parcels b}� assessor's parcel number. Resolution No. 2014-107 PaRe 7 "Building Square Foot or Square Footage" means the square footaee as sho�+m on an Assessor`s Parcel s buildin� permit of Residential Propem escludin_ oaraQes or other structures not used as li�ing space. "CFD Administrator" means an official of the Cit��. or desienee thereof, responsible for determining the Special Tax Requirement and pro�iding for the le��} and collection of the Special Ta�es. "CFD" means Communitv Facilities District I`'o. 97-2 of the Cin of Chula Vista. "Cih•" means the Citv of Chula V"ista. "Ciri� Clerk" means the Cit�� Clerk for the Citv of Chula Vista or his or her desienee. "Cih� A7anager" means the City A4anager for the City of Chula V'ista or his or her designee. "Community Purpose Facilih� Properh�" or "CPF Propert}" means all Assessors Parcels �tihich are classified as communit�� purpose facilities and meet the requirements of Cit}� of Chula Vista Ordinance No. 2883. "Council" means the Cin� Council of the Cin� of Chula Vista_ actine as the leeislati��e bod�� of ' the CFD. "Couuh�" means the Countv of San Dieeo. Califomia. "Developed Properh�" means all Ta�able Propem- for H-hich a building permit ���as issued prior to the A4azch 1 st preceding the Fiscal Year in ���hich the Special Tax is beino levied. "Final i11ap Properh�" means am� residential lot or non-residential lot created bv a Final Subdi��ision Map; but �vhich is not classified as Developed Propem. "Final Subdi��ision A4ap" means a subdivision of propem� creatina residential or non- residential buildable lots b}� recordation of a final subdi��ision map or pazcel map pursuant to the Subdi��ision A4ap Act (California Go��ernment Code Section 66410 et seq.). or recordation of a condominium plan pursuant to Califomia Civil Code li�2. that creates individual lots for H�hich buildine permits ma�� be issued ���ithout further subdivision and is recorded prior to March 1 preceding the Fiscal Year in �+fiich the Special Tax is being le�ied. "Fiscal 1'ear" means the period stanin_ Juh� 1 and ending on the follo��ing June 30. "Impro�ement Area C" or "Area C" means Impro��ement Area C of the CFD. as identified on the boundan map for the CFD as amended from time to time. "Land Use Class" means anv of the classes listed in Table 1. Table Z. or Table 3. Resolution No. 2014-107 Pa�e 8 "Maximum Special Tax" means the maaimum Special Taa, determined in accordance with Section C belo�� that mav be levied in anv Fiscal Year on anv Assessor's Parcel of Ta�:able Properh'. "Non-Residential Properh�" means all Assessors Parcels of Developed Propert}� for which a building pemiit(s) has been issued for a structure or structures for non-residential use. "Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Yeaz to pay for Resource 1�4onitoring and/or Preserve Operations and Maintenance activities and Administrati��e Expenses. "Operating Fund Balance" means the amount of funds in the Operatina Fund at the end of the preceding Fiscal Year. "Operating Fund Requirement" means for an}� Fiscal Year an amount equal to the Resource Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement for the current Fiscal Year in ���hich Special Taxes are levied. "Presen�e Operations and Maintenance" means those activities described in Attachment A hereto which is incorporated herein by this reference. "Presen�e Operations and Maintenance Fund Requirement" 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 of Area C of the CED that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property o�vner association, including any master or sub- association. "Public Property" means an1' property within the boundaries of Area C of the CFD that is, at the time of the CFD formation. e�pected to be used for any public purpose and is owned by or dedicated to the federal go��ernment, the State, the Count}�, the City or any other public aeenc}�. "Resen�e Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessan� cash floti� for the first siz months of each Fiscal Year. workin= capital to cover monitorine, maintenance and repair cost overruns and delinquencies in the pa}�ment of Special Taxes and a reasonable buffer to pre��ent large variations in annual Special Tax levies. "Resen�e Fund Balance" means the amount of funds in the Reserve Fund at the end of the preceding Fisca] Year. "Resen�e Fund Requirement" means an amount equal to up to 100% of the Operatine Fund Requirement For any Fiscal 1'ear. Resolution?�'o. 2014-107 Pa�e 9 "Resideutial Properh" means all Assessors Parcels of De��eloped Property for ���hich a building permit(s) has been issued for purposes of constructine one or more residential dN�elling unit. "Resource AZanagement Plan" means the Ota� Ranch Phase 1 Resource Management Plan also referred to as "The Ota�- Ranch Resource Manasement Plan ' dated October 28. 1993. and the Otav Ranch Phase 2: Resource Manasement Plan dated June 4: 1996. as both such plans may be amended from time to time. "Resource Monitoring Program" means those described in Attachment B hereto N-hich is incorporated herein bv this reference. "Resource A'Ionitoring Fund Requirement" means for am� Fiscal Yeaz an amount for each Impro��ement Area equal to the Improvement Area's fair shaze of the budeeted costs of the Resource n4onitorina Program plus.a pro rata shaze of the budgeted Administrati��e Expenses of the CFD for the current Fiscal 1'eaz in «�hich Special Ta�es aze levied. Impro��ement Area C`s "fair shaze" shall be based on Impro�ement Area C`s percentaee of the total acreaee ���i[hin the Ota}� Ranch General De��elopment Plan Planning Area for ���hich a Resource hlonitorine Proeram fundine mechanism has been established. "Special Ta�" means the Special Ta.� le��ied pursuant to ihe pro��isions of sections C and D beloH� in each Fiscal 1'eaz on each Assessor's Parcel of Developed Property and Undeveloped Propem- in Area C to fund the Special Tax Requirement. "Special Taz Requirement" means that amount required in an�� Fiscal Yeaz for Area C to: (i) pay the Resource I�4onitorine Fund Requirement, and Preseme Operations and Maintenance Fund Requirement, less the Operatino Fund Balance, and (ii) pa�� an�� amounts required to establish or replenish the Resen�e Fund to the Resen�e Fund Requirement; (iii) pa}� for reasonablv anticipated delinquent Special Taxes based on the delinquency rate for Special Ta�es levied in the pre��ious Fiscal Yeaz. "State" means the State of Califomia. "Tasable Properh�" means all of the Assessor's Parcels ��ithin the boundaries of Area C of the CFD that aze not e�empt from the Special Ta� pursuant to la��� or as defined below. "Undeveloped Properh�" means, for each Fisca] Year, all Ta�able Propert}� not dassified as De��eloped Propert}�. Resolution No. 2014-107 Pa�e ]0 B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX Each Fiscal 1'ear usin� the definitions above; all Tasable Property within Area C, Anne�:ation No. 9 (Plannine Area 12), of the CFD shall be classified as Cate�ory I, Category II. Category III or Eaempt. Developed Propert��, Final A�ap Property or Unde��eloped Property, and shall be subject to Special Taxes pursuam to Sections C and D below. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. C. M.AXIMUM SPGCIAL TAX RATES Category I Cateeor�- 1 includes Developed Property within the District (`'Categary I"). The Maximum Special Ta� for Resource A9onitoring, and Preserve Operations and Maintenance for Fiscal Yeaz 2002-2003 on De��eloped Propem� aze the rates set forth in Table 1 below. For Residential Property, the Special Ta� shall be 1e��ied based upon Buildin� Square Footage and for Non-Residential Property shall be levied based on Acreage. TABLE 1 Masimum Special Tax for Category I Community Facilities District No. 97-2 Improvement Area C (Fiscal Year 2002-2003) Description Resuurce Operation & Monitoring Maintenance Residential $0.0054 sq ft $0.0086/sq fr I�'on- $87.3126/acre $138.6152/acre Residential Category II Cateaory II includes each Assessors Parcel or Taa:able Property within the District for which a Final Map has been recorded, but which is not classified as a Developed Parcel ("Cate�ory II"). The Maximum Special Tas for Resource Monitoring; and Preserve Operations and Maintenance appro��ed for Fiscal Year 2002-2003 on each Assessor's Parcel in Category II is the rate set forth in Table 2 be]oN� (said amount to be ]evied pro rata for any portion of an Acre). Resolution?�o. 2014-107 Pa�e 1 I T.ABLE 2 Ma�:imum Special Ta� for Cateeon ll Communit�� Facilities District No. 97-2 Improvement Area C (Fiscal 1'eaz 2002-3003) Resource Operation �C DZonitoring A4aintenance �87.3126/acre �li8.�1�2/acre Categon� III Cateeon� III includes each Parcel of 7�a�able Propem� H�ithin the District not subject to Special Tax under any other cateeon� (`Categon� III"). The n9asimum Special Tas appro��ed for Fiscal Yeaz 2002-2003 on Taxable Property within Cateeon� III is the rate set forth in Table 3 belo��� (said amount to be levied pro rata for an}� portion of an Acre). TABLE 3 Matiimum Special Tas for Cateeon� Ill Communitv Facilities District No. 97-2 Improvement Area C (Fiscal 1'ear 2002-2003) Resource Operation S n4onitoring il7aintenance S�63�16/acre � �89.4627/acre Esempt Categon' The E�empt Category includes each propem o��ned. conve��ed or irre��ocabl�� offered for dedication to a public aQenc�, or land �+�hich is in the public risht-of-���a��, unmanned utility easements �vhich make utilization for other than the purpose set forth in the easement impractical; common areas; pri�-ate streets and parks; and open space lots (`Exempt Categon�`). Aiu�ual Escaladon Of Maximum Special Taa: The Ma�imum Special Ta� as sho�tin in the tables abo��e that mav be levied on each Assessors Pazce] in .Area C shall be increased each Fisca] Yeaz be�innina in Fiscal 1'ear 2003-2004 and thereafrer b�� a factor equal to the annual percentage change in the San Dieeo 1�4etropolitan Area all Urban Consumer Price lndex (All Items). Resolution No. 2014-107 Page 13 D. METHOD OF APPORTIONA�ENT OF THE SPECIAL TAl Commencin� with Fiscal 1'ear 2003-2004, and for each following Fiscal Year, the Counci] shall lev}� the Area C Special Ta� at the rates established pursuant to steps 1 throuch 4 belo�� so that the amount of the Special Ta� le��ied equals the Special Ta� Requirement. The Special Taa shall be le�-ied each Fiscal Year as follo���s: Step 1: Determine the revenue ���hich could be generated by Parcels assigned to Category I by multipl��in� the Building Squaze Footage for Parcels classified as Residential Parcels b}� the A4a�imum Special Ta�+ per Building Square Foot for Resource Monitoring. and Presen�e Operations and Maintenance for Parcels and adding to that the masimum revenue ti�hich could be Qenerated b}� multiph�ine the total acres for Parcels classified as Non-Residential Parcels bq the Ma�imum Special Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance. Step 2: If the total revenue as calculated in Step 1 is ereater than the estimated Special Ta� Liability for lmprovement Area C, reduce the Special Ta�: for each Parcel proportionately so that the Special Tax le�ry for the Fiscal Year is equal to the Special Tas 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 Specia] Tax for Parce]s assigned to Category II shall be calculated as the lesser of: (i) The Special Tax Liability for Improvement Area C as determined by the Cih�, less the total revenue generated for all Parcels under Step 1 above, divided by the total Acres for all Parcels within Impro��ement Area C assigned to Category II, OR (ii) The Mazimum Special Tax rate Yor Parcels assigned to Category II. Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Ta�: Liabilit��, for Improvement Area C, a Special Tax shall be levied upon each Parcel within lmprovement Area C classified as Categon� II[. The Special Tax ror Parcels assigned the Categorv III shall be calculated as the ]esser of: (i) 1�he Special Ta� Liabilit�� for Improvement Area C as determined bv the City, less the total re��enue generated for all Parcels under Step I and 3 above, divided bv the total Acres for all Parcels �i�ithin Improvement Area C assigned to Category III, OR (ii) The Ma�imum Special Tax rate for Parcels assigned to Cateeory III and within Impro��ement Area C. Resolution No. 2014-]01 Pa�e 13 Ho"�ever, in the e��ent it is determined that the Special Tax Liabilit�� for Impro��ement Area C includes delinquent Special Taaes from Pazcel in Category Ill from the prior Fiscal Year. the Cin� shall determine the amount of delinquent ta�es that azose from such Parcels and identif�� the o�mer(s). The amount of delinquent Special Taxes: if an}, that arose from the applicable o���ner(s) shall first be di�ided b� the total Cateeon� III Acres o���ned b�� such oHmer(s) and collected from the applicable o�timer(s) ti�ith the remaining portion of the Special 7a� Liabilit�� not related to delinquent Special Ta�es to be collected from all Parcels in Categon� III accordine to the procedure set forth in the precedins paragraph. Non��ithstanding the abo��e, under no circumstances �+�ill the Special Ta� levied asainst an}� Assessor's Parcel of Residential Propem- or ?�4ulti-Famil�� Propert}� for ���hich an occupanc}� permit for private residential use has been issued be increased b}� more than ten percent annuallv up to the Ma�imum Special Tax as a consequence of delinquenc}� or default b�� the oNmer of any other Assessor's Parcel ���ithin .Area C of the CFD. E. APPEALS Anv lando��mer or resident Hho pa}�s the Special Ta� and believes that the amount of the Special Ta� levied on their Assessor s Pazcel is in error shall first consult �vith the CFD Adminisvator reeazdine such error. If follo���ine such consultation. the CFD Administrator determines that an error has occurred, the CFD Administrator mav amend the amount of the Special Ta� levied on such Assessor`s PazceL If follo�+ina such consultation and action, if any, b}� the CFD Administrator, the lando«mer or resident belie��es such error still exists, such person may file a ���-itten notice with the Citv Clerk of the Cin� appealine the amount of the Special Ta� le��ied on such Assessor's Pazcel. Upon the receipt of am� such notice, the Cit�� Clerk shall forward a cop}� of such notice to the Citv Manaeer «°ho shall establish as part of the proceedines and administration of the CFD, a special three-member Re��iew/Appeal Committee. The � Re��ie���/Appeal Committee mav establish such procedures, as it deems necessary to undertake the re��iew of anv such appeal. The Revie���/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Ta� and an}� lando��mer or resident appeals. as herein specified. The decision of the Re��ie���/Appeal Committee shall be final and bindins as to all persons. F. MA1�Ti�'ER OF COLLECTIO\' Special Tazes le��ied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad i�alorem propem� ta�es; pro��ided, ho�ae��er, that the CFD Administrator may directl�� bill the Special Ta�. ma�� collect Special Ta�es at a different time or in a different manner if necessan� to meet the financial obli�ations of Area C of the CFD or as othen��ise determined appropriate b} the CFD Administrator� Resolution No. ?014-]07 Paee 14 G. TERI�4 OF SPECI,AL TA�i Taaable Property in Improvement Area C of the CFD shall remain subject to the Special Tax in perpetuit��. Resolution No. 2014-107 Pa�e I� Attachment .4 Description of Preserve Operations and �4aintenance Presen�e Operations and A4aintenance includes the maintenance, operation and manaeement of the public or pri��ate propert�� �+�ithin boundaries of the Ota�� Ranch Preser�e. as such boundaries ma�-be modified from time to time. required b�� the Resource A4anaeement Plan to be maintained as open space or habitat preser��ation land or both. Such maintenance, operations and manaeement shall include. but not be limited to. the Follo��ine: (i) Preser��e Maintenance. Development, implementation and oneoine pro��ision of programs to maintain. operate and manaee preser��e habitat ��alues through: culti��ation imeation, trimmine, spravins, fertilizine. and/or treatment of disease or injury; removal of trimminas. rubbish_ debris and other solid ���aste; maintenance of trails; remo��al and control of exotic plant species (weeds); and control of cowbirds through trapping. (ii) Security. Development. implementation and ongoine pro��ision of securitv programs to: enforce "no trespassine" rules; curtail activities thai deerade resources, such as grazing_ shootine. and illegal dumpine; remove trash, litter, and other debris; control access; prohibit off-road traffic; and maintain fences and trails. (iii) Preserve impro��ements: Acquire equipment and/or install improvements necessar}� to maintain, operate and manage the open space and habitat presen�ation land described abo��e. The above description of the Presen�e Operations and Maintenance is eeneral in nature. The actual maintenance, operations and manaeement of the open space and habitat presen�ation land «�ithin the Ota�� Ranch Preserve ma�� be modified from time to tune as necessarv in order to effectivelv pro��ide such services in compliance ���ith the requirements of the Resource b4anaeement Plan. Resolution No. 2014-]07 Pa�e 16 Attachment B Description of Resource Alonitoring Implement the annual biota monitoring and reporting program consistent ��ith the Resource n4ana�ement Plan to identify changes in the qualit}� and quantity of preserve resources includine ��,�ildlife species, sensitive plants and sensitive habitat types. The above description of the Resource Monitoring is general in nature. The actual monitorine and reportins program ma}� be modified from time to time as necessary in order to effectively provide such sen�ices consistent with the requirements of the Resource Management Plan.