HomeMy WebLinkAboutReso 2014-151 RESOLUTIOIv NO. 2014-1�1
RESOLUTIO?�' OF THE CITI' COUi�'CIL OF THE CIT1' OF
CHUL.A VISTA ACTIIvG AS THE LEGISLATIVE BODI' OF
COA4A4UI�'ITY FACILITIES DISTRICT t�0. 97-2 (PRESERVE
A4A1T'TET�'AI�'CE DISTRICT), MAKII�'G CERTAI'�i'
DETERMII�'ATIOI�'S AI�TD AUTHORIZI2�G SUBA4ITTAL OF
LEV1' OF SPECIAL TA�iES TO THE QUALIFIED ELECTORS
OF CERTAII�' TERRITORY PROPOSED TO BE A1�T2�'EJiED TO
COMMUI�rITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAIt`'TENANCE DISTWCT) AI`'D IMPROVEMEI�'T AREA
"C` THERETO
A'HEREAS. the City Council of the Cit�� of Chula Vista (`Cit}� Council"): formed a
Communin� Facilities District and desienated certain impro��ement azeas therein pursuant to the
terms and provisions of the "Mello-Roos Communitv Facilities Act of 1982"; beine Chapter 2.�,
Part 1, Division 2, Title � of the Govemment Code of the State of California (the "Acr`), and the
City of Chula Vista Communin� Facilities District Ordinance enacted pursuant to the po���ers
reser��ed bv the Ciri� of Chu1a Vista under Sections 3. � and 7 of Article XI of the Constitution of
the State of Califomia (the "Ordinance `) (the Act and the Ordinance mav be referred to
collectivel}� as the "Community Facilities District La�"). The Communit�= Facilities District has
been designated as Communin� Facilities District 1`'0. 97-2 (Preserve Maintenance District) (the
"Districr') and the Impro��ement Areas were desienated as Improvement Area "A." Improvement
Area "B" and Impro��ement Area "C" of such District; and
V�'HEREAS; the City Council, at the request of the oHmer of that propem� located in Ota��
Ranch Village 8 Vl'est, initiated proceedinas pursuant to the Communin� Facilities District Law
to annex such territory to the District and Impro�=ement Area '`C" thereto; and
V�'HEREAS; notice of a public hearine relating to the annexation of such territon� to the
District and Improvement Area "C;" the extent of the territory to be anne�ed. the fumishine of
certain public services and all other related matters has been given; and
WT-IEREAS, the territon� proposed to be anne�ed is knotim and desienated as
Communin� Facilities District No. 97-2 (Presen�e Maintenance District); Improvement Area "C,"
Anne�ation No. 9 (the "Temtor}� `); and
R'HEREAS, it has noN� been determined that w�ritten protests have not been received b}�
50% or more of the registered ��oters residine either H�ithin the Territor}� or Improvement Area
"C' andlor propert}� o�+�ners representine more than one-half (1/2) or more of the area of land
��ithin the Territor�� or���ithin Impro��ement Area '`C' ; and
R'HEREAS; inasmuch as there have been less than nvelve (12) persons reeistered to vote
ti=ittun the Temtor}� for each of the 90 precedine da}�s. this legislative bodv desires to submit the
le��� of the required special ta� to the landotimers of the Temton�, such lando��mers beino the
qualified electors as authorized b}� Ia��.
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Page No. 3
NOV�'. THEREFORE. BE IT RESOLVED .AS FOLLOVdS:
SECTION l. Recitals The above recitals are all true and conect.
SECTION 2. Determinations ]t is determined b��this City Council that:
(a) all proceedings prior hereto were valid and tal:en in conformit}� with the
requirements of la���, and specifically the pro��isions of the Communih-
Facilities District Law. and this finding is made pursuant to the provisions
and authorization of Section �332�.1 of the Government Code of the State
of Califomia:
(b) the annesation of the Territory to Improvement Area "C'` as proposed
conforms with the Citv of Chula Vista Statement of Goals and Policies
Regarding the Establishment of Community Facilities Districts;
(c) less than twelve (12) registered voters have resided within the Temtory
for each of the ninety (90) days preceding the close of the public hearing
and; consequently, the qualified electors shall be the lando�mers of the
Territory and each landowmer who is the owner of record as of the close of
the public hearing. or the authorized representative thereof; shall ha��e one
vote for each acre or portion of an acre of land that she or he o�ms ti�ithin
the Territory;
(d) the time limit specified by the Community Facilities District Lati� for
conducting an election to submit the levy of the special ta�es to the
qualified electors of the Temtory and the requirements for impartial
analysis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the Territor};
(e) the City Clerk, acting as.the election official, has consented to conductina
any required election on a date which is less than 125 days following the
adoption of any resolution annexing the Territory to the District; and
(� the public sen�ices described in Section 4 herein proposed to be financed
from the proceeds of special taxes to be le��ied within the Territory are
necessary to meet increased demands placed upon the City as a result of
de��elopment and/or rehabilitation occurring in the Territory.
SECTIOI�' 3. Boundaries of the Temtorv The boundaries and pazcels of land the
Territory and in ti�hich the public services are to be provided and on which specia] taxes will be
levied in order to pay the costs and expenses for such public services are generally described as
folloN�s:
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Paee No. 3
All that Territor�� proposed to be annesed to the District and
Impro��ement Area `'C" thereto, as such propem� is shoNm on a
map as pre��iousl� appro��ed b�� this leeislati��e bodv_ such map
entitled "Anne�ation ?�4ap No. 9 Cit�� of Chula V'ista Communit��
Facilities District No. 97-2 (Presen�e Maintenance District),
Improvement Area �C`. City Of Chula Vista, County Of San
Dieeo, State Of California' (the "Annexation A4ap '): a cop�� of
��hich is on file in the Office of the Ciri� Clerk and shall remain
open for public inspection.
SECTION 4. Description Of Sen�ices The services that aze authorized to be financed
from the proceeds of special tares levied ���ithin Improvement Area "C" aze certain ser�ices
w�hich are in addition to those services that N�ere provided in or required For Impro��ement Area
"C" prior to the formation of the District and the designation of Improvement .Area "C" and did
not replace ser��ices alreadv available in the District or Improvement Area "C'- at the time of
formation of the District and the desienation of Impro��ement .Area "C". A general description of
the sen�ices authorized to be financed by the District N�ithin Impro��ement Area "C° is as
follow�s:
The monitoring. maintenance, operation and manaeement of public
propert�� in which the City has a propem interest and ��hich
conforms to the requirements of the Ordinance or private propem�
���ithin the Otav Ranch Preserve which is required b�� the Preserve
O��ner/1�9anager to be maintained as open space or for habitat
maintenance or both. Such propem� ma}� be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the Cih� of Chula Vista. Such sen�ices shall not include the
maintenance, operation and/or manaeement of any propert}�
oHmed: maintained, operated and/or manaeed bv the federal and/or
state govemment as open space; habitat maintenance and/or for
any other purpose.
The District shall finance all direct. administrative and incidental annual costs and
expenses necessan� to pro��ide such monitorine, maintenance, operation and manaoement of such
public property.
The same t}�pes of services which are authorized to be financed by the District from the
proceeds of special ta�es levied within Improvement Area "C" aze the ri�pes of sen�ices to be
financed from the proceeds of special ta�es le��ied �vithin the Temtor�-. If and to the extent
possible such sen=ices shall be pro��ided in common ���ith Improvement Area "C" and the
Territon.
SECTION �. Saecial Tax Except ���here funds are othen��ise a��ailable, a special ta�
sufficient to pa�� for such sen�ices and related incidental e�penses authorized by the Communiri�
Facilities District La�+�, secured bv recordation of a continuins lien against all non-esempt real
propem- in the Temtor}�. ��ill be levied annuall�� ���ithin the boundaries of such Territor}�. For
further particulars as to the rate and method of apportionment of the proposed special ta�:.
Resolution No. 2014-1�1
Page No. 4
reference is made to the attached and incorporated Eahibit "A" (the "Impro��ement Area `C' Rate
and Method'�). which sets forth in sufficient detail the method of apportionment to allo� each
lando�mer or resident within the proposed Temtory to clearl�� estimate the ma�imum amount
that such person ��il] have to pa}�.
The special tax proposed to be le��ied within the Territory shall be equal to the special ta�
levied to pa}� for the same sen�ices in Impro��ement Area "C,'� eacept that a higher or lower
special taa may be levied within the Territory to the extent that the actual cost of providin� the
sen�ices in the Territory is higher or ]ower than the cost of providing those services in
Improvement Area `'C." Notwithstanding the foregoing, the special taa may not be levied at a
rate ��hich is higher that the ma�imum special ta� authorized to be levied pursuant to the
Improvement Area "C" Rate and n4ethod.
The special taaes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taYes 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
taa;es that may not be collected on the County tax roll shall be collected through a direct billing
procedure by the Treasurer.
The maximum special ta� rate in Improvement Area "C" shall not be increased as a result
of the anneaation of the Territory to Improvement Area "C."
SECTION 6. Election The proposition related to the levy of the special tas shall be
submitted to the qualified electors of the Territory; such electors being the landowners, ��ith each
landowmer having one (1) vote for each acre or portion thereof of land which he or she owns
within such annexed territory. The special election shall be held on Jul}� 22; 2014 immediately
following the adoption of this Resolution, and such election shall be a special election to be
conducted by the City Clerk (hereinafrer "Election Official"). If the proposition for the levy of
the special tax receives the approval of more than two-thirds (2/3) of the votes cast on the
proposition; the special tax may be levied as provided for in this Resolution.
SECTION 7. Ballot The ballot proposa] to be submitted to the qualified voters at the
election shall generall}� be as follo«-s:
PROPOSITION A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2,
IMPROVEMENT AREA "C" ANNEXATION NO. 9
AUTHOR]ZATION FOR SPECIAL TAX LEVY
Shall Communit�� Facilities Disvict No. 97-2 (Presen�e Maintenance District) of the City
of Chula Vista be authorized to le��� special taxes within the territory identified as Annexation
No. 9 to Improvement Area "C" of such District pursuant to the rate and method of
apportionment of special tases (the "Improvement Area `'C" Rate and Method") attached to this
ballot to finance the authorized sen�ices and administrative e�penses and to fund and replenish a
reserve fund, all as pro��ided for in the Improvement Area "C" Rate and Method?
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Pase No. �
SECTIO\ 8. Vote The appropriate mazk placed in bo� adjacent to the word "1'"ES"
shall be counted in favor of the adoption of the proposition. and the appropriate mazk placed in
the boa adjacent to the word `?�'O" in the manner as authorized: shall be counted against the
adoption of such proposition.
SECTION 9. Election Procedure This Cin Council hereb�� authorizes the Election
Official to tal:e an�� and all steps necessan for the holdin_ of such election and ratifies an}� such
steps pre��ioush� tal;en b�� such Election Official �vhich �=ere necessan� for the holdina of such
election. Such Election Official shall perform and render all ser��ices and proceedinss incidental
to and connected ���ith the conduct of such election. and such services shall include. but not be
limited to the follo���in¢:
(a) Prepaze and fumish to the election officers necessarv election supplies for
the conduct of the election.
(b) Cause to be printed the requisite number of official ballots. talh sheets
and other necessan� forms.
(c) Fumish and address official ballots for the qualified electors of the
Territor��.
(d) Cause the official ballou to be mailed and/or deli��ered. as required by
la��.
(e) Recei��e the retums of the election.
(� Sort and assemble the election material and supplies in prepazation for the
cam�assine of the returns.
(g) Can��ass the retums of the election.
(h) Fumish a tabulation ofthe number oF�-otes eiven in the election.
(i) I�9al:e all arrangements and tal:e the necessarv steps to pa�� all costs of the
election incurred as a result of sen�ices performed for the District and pa��
costs and e�penses of all election officials.
(j) Conduct and handle all other matters relatine to the proceedines and
conduct of the election in the manner and form as required b}� law�.
Presente �� Approved as to form by
Kellv r ton. FASLA len . oosins
Director of Developmental Sen�ices ih� Atto e}�
( �ed b�� Warren � �en. Best Best R
f�rieger)
Resolution No. 2014-1>1
Page No. 6
PASSED. APPROVED. and ADOPTED bv the Citv Council of the Cit�� of Chula Vista.
Califomia. this 22nd da}� of Julv 2014 b�� the following vote:
AYES: Councilmembers: Aauilar. Bensoussan. Salas and Coa
NAYS: Councilmembers: None
ABSEIrTT: Councilmembers: Ramirez
Cheryl Cox, M }or
ATTEST:
� � �����
Donna R. Norris. CMC. Citv Clerk
STATE OF CALIFORI�'IA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
l, Donna R. Norris. City Gerk of Chula Vista, California, do hereby certifi� that the foreeoing
Resolution No. 2014-151 was dul}� passed; approved; and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day of July 2014.
Executed this 22nd da�� of Juh� 2014.
Donna R. Norris, MC, City lerk
Resolution No. 2014-1�1
Pase ?��o. 7
CITl' OF CHULA \rIST.4
AI�TTEX.4TION NO. 9 TO COMMUI�'ITI' FACIL[TIES DISTRICT NO. 97-2
(PRESERVE A4AII�'TEI�'AI�'CE DISTRICT)
IMPROVEMENT AREA `'C"
EXHIBIT `:A"
RATE AND METHOD OF .APPORTIONA4EI�'T OF SPECIAL TAl
Resolution No. 2014-1�1
Paee No. 8
APPEND/X B - RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the DistricYs Rate and Method of Apportionmeni included in
the Resolution of Intention and approved 'oy the City Counal on June 1 i, 2014.
IJiair O�ice
?2cJ5 Ten=cuk Fzrk���zy� uite SOD
T=neNl3,C4 o>>c�
Toll i�c2.S00 E7"v.752� Fcx a<_ v?� _aq�
Regianal O�rice
&7p 1.1zrk=_:Scre°:, 5w[e 12�3
S�n =rancisco,C�e•:03
Tol!�re=_ 800 C3c.E3�9 ;az' '_.3S_.8439
Resolution No. 2014-]51
Page No. 9 ,
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES
A Special Tax 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 Year commencing in Fiscal Year 2002-03 in an
amount determined through the application of the rate and method of apportionment of the
Special Tax set forth below. All of the reai property in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purpose, to the extent and in the manner
herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel 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.
"AcY' means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2 5, Part 1, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the
City, acting for and on behalf of the CFD as the administrator thereof, to determine,
levy and collect the Special Taxes, including the salaries of City employees and a
proportionate amount of the City's general administrative overhead related to the
administration of the CFD; the costs of collected installments of.the Special Taxes;
and any other costs required to administer Area C of the CFD as determined by the
City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with
an assigned assessor's parcel number.
"Assessor's Parcel Map" means an offiaal map of the Assessor of the County
designating parcels by assessor's parcel number
"Building Square Foot or Square Footage" means the square footage as shown
on an Assessor's Parcel's building permit of Residential Property excluding garages
or other structures not used as living space.
Resolution No. 201�-1>1
Paae I�'o. 10
"CFD Administretor" means an office o�tn= City, or desionee thereoi, responsible
ror deiermining th= Sp=cial Tax Requir=ment and providing for th= levy and
colleciion of tne Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City or Chula Vista.
"City Clerk" means the City Clerk ior th= City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessors'
Parcels which are classified as community purpose facilities and meet the
requirements of City of Chula Vista Ordinance No. 2452.
"Council" means the City Council for the City of Chula Vista, acting as the
legislative body of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued prior to the March 1�` preceding the Fiscal year in which the Special Tax is
being levied.
"Final Map Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
residential buildable lots by recordation of a final subdivision map or parcel map
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.), or recordation of a condominium plan pursuant to California Civil Code 1352,
that creates individual lots for which building permits may be issued without further
subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area C" or "Area C" means Improvement Area C of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C below that may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property
for which a building permit(s) has been issued for a structure or structures for non-
residential use.
Resolution No. 2014-1�1
Page No. 11
"Operating Fund" means a fund that shall be maintained within the CFD for each
Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and
Maintenance activities and Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at
the end of the preceding Fiscal Year.
"Operating Fund RequiremenY' means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and Preserve Operation and Maintenance
Fund Reqwrement for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operetions and Maintenance" means those activities described in
Attachment A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund RequiremenY' 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 Improvement Area C of the CFD that is owned by, or irrevocably
dedicated as indicated in an instrument recorded with the County Recorder to, a
property owner association, including any master or sub-association.
"Public Property" means any property within the boundaries of Improvement Area
C of the CFD that is, at the time of the CFD formation, expected to be used for any
public purpose and is owned by or dedicated to the federal government, the State,
the County, the City or any other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal
Year to provide necessary cash flow for the first six months of each Fiscal Year,
working capital to cover monitoring, maintenance, and repair cost overruns and
delinquencies in the payment of Special Taxes and a reasonable buffer to prevent
large variations in annual Special Tax levies
"Reserve Fund Balance" means the amount of funds in the Reserve-Fund at the
end of the preceding Fiscai Year.
"Reserve Fund Requirement" means the amount equal to up to 100% of the
Operating Fund requirement for any Fiscal Year.
"Residential Property" means all Assessors' Parcels of Developed Property for
which a building permit(s) has been issued for purposes of constructing one or more
residential dwelling unit
"Resource Monitoring Program" means those described in Attachment B hereto
which is incorporated herein by this reference.
"Resource Monitoring Fund RequiremenY' means for any Fiscal Year an amount
for each Improvement Area equal to the Improvement Area's fair share of the
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budg=t=d costs oi the Resource Moniiorino Program plus a pro rata share of the
budaet=d Administrativz Expenses for th2 CFD for th= current Fiscal Year in which
Special Taxes are levied. .4n Improvement Area's `fair share' shall b=_ based on the
Improvem=nt Area's perc=ntage of the total acreage within th= Otay Ranch General
Development Plan Planning Area for which a Resourc� Monitoring Program funding
mechanism has been esiablished.
"Special Tax" means the Special Tax levied pursuant to the provisions of Section C
and D below in each riscal Year.on each Assessor's Parcel of Dev2lop=d Property
and Undeveloped Property in Area C to fund the Special Tax Requiremen;.
"Special Tax RequiremenY' means that amount required in any Fiscal Year for
Area C to: (i) pay the Resource Monitoring Fund Requirement, less th= Operating
Fund Balance, and (ii) pay any amounts required to establish or replenish the
Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated
delinquent Special '�axes based on the delinquency rate for Special Taxes levied in
the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
Improvement Area C of the CFD that are not exempt from the Special Tax pursuant
to law or as defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within
Improvement Area C of the CFD shali be classified as Cateoory I, Cat=aory II,
Cateoory III or Exempt. Developed Property, Final Map Property or Undeveloped
Prop=rty, and shall be subject to Special Taxes pursuant to Sections C and D below.
D>veloped Property shall be further assigned to a Land Use Class as specified in
Table 1.
C. MAXIMUM SPECIAL TAX RATE
_. Category I
Category I includes Developed Property within the District ("Category 1").
The Maximum Special Tax for Resource Monitoring, and Preserving Operations and
Maintenance that may be levied for Fiscal Year 2002/03 on Developed Property shall
be at the rates set forth in Table 1 below. For Residential Property, ihe Special Tax
shall be levied based upon Building Square Footage and for Non-Residential
Property shall be levied based on Acreage.
Resolution No. 2014-1�1
Page No. 13
TABLE 1
Maximum Special Tax for Category I
Community Facilities District 97-2
Improvement Area C
Resource Operations 8
Description Monitoring Maintenance
Residential �0.0054 �0.0086
Non-Residential �87 3126 $138.6152
Category II
Category includes each Assessor's Parcel of Taxable Property within the District for
which a Final Map has been recorded, but which is not classified as a Developed
Parcel ("Category IP')
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 2002/03 on each Assessor's Parcel
in Category II shall be shown in Table 2 below (said amount to be levied pro rata for
any portion of an Acre)
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
587.3126 per Acre $138.6152 per Acre
Category III
Category III includes each Parcel of Taxable Property within the District not sub�ect
to Speaal tax under any other category ("Category III").
The Maximum Special Tax which may be levied for Fiscal Year2002/03 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rate for any portion of an Acre).
_ . TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operetion 8 Maintenance
556 3516 per Acre 589.4627 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably
offered for dedication to a public agency, or land which is in the pubiic right-of-way,
unmanned utility easements which make utilization for other than the purpose set
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forth in th= easement im�ractical, common areas, arivate str>et<_ and parcels, and
open spac= lois ("Exempt Category").
In some i�stance an Assessor's Parcel of Develoo=d Property may contain more
than one Land use Class. The Maximum Special Tax that may be levied on an
Assessor's Parcel shall be the sum of th= Maximum special Tax levies that may be
levied on all Land Uses Classes located on that Assessor's Parcel. The CFD
Adminisirator's shall d=termine the allocation each Land Use Class.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Improvement Area C shall be increased each Fiscal Year
beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual
percentaoe change in the San Diego Metropolitan Area all Urban Consumer Price
Index (All liems).
D. METHOD OF APPORTIONMETN OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04, and for each following Fiscal Year, the
Council shall levy the-Improvement Area C Special Tax at the rates established
pursuant to steps 1 through 4 below so that the amount of the Special Tax levied
equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal
Year as follows'
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels and
adding to that the maximum revenue which could be generated by multiplying the
total acres for Parcels classified as Non-Residential Parcels by the Maximum Special
Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area C, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy tor Fiscal Year is equal to the Special
Tax 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 Special Tax for Parcels
assigned to the Category II shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area C as determined by the City,
less the total revenue generated for all Parcels under Step 1 above, divided
by the total Acres for all Parcels within Improvement Area C assigned to
Category II,
OR
(ii) The Maximum Special Tax rete for Parcels assigned to Category II.
Resolution No. 2014-]�1
Paee No. 1�
Step 4: If the total revenue as calculated in Step 1 and 3 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 III. The Special Tax for Parcels
assigned the Category III shall be calculated as the lessor of
(i) The Special Tax Liability for Improvement Area C as determined by the City,
less the total revenue generated for all Parcels under Step 1 and 3 above,
divided by the total Acres for all Parcels within Improvements Area C
assigned to Category III,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special Tax Liability for Improvement
Area C includes delinquent Special Taxes from Parcel in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total
Category III Acres owned by such owner(s) and collected from the applicable
owner(s) with the remaining portion of the Special Tax Liability no related to
delinquent Special Taxes to be collected from all Parcels in Category III according to
the procedure set forth in the preceding paragraph
Notwithstanding the above, under no circumstances will the Special Tax be levied
against any Assessor's Parcel of Residential Property or Multi-Family Property for
which an occupancy permit for private 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 by the owner of any other Assessor's Parcel
within Area C of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of
the Special Tax levied on their Assessor's Parcel is in error shall first consult with the
CFD Administrator regarding such error. If following such consultation, the CFD
Administrator determines that an error has occurred, the CFD Administrator may
— amend the amount of the Special Tax levied on such Assessor's Parcel. If following
such consultation and action, if any by the CFD Administrator, the landowner or
resident believes such error still exists; such person may file a written notice with the
City Clerk of the City appealing the amount of the Special Tax Ievied on such
Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a
copy of such notice to the City Manager who shail establish as part of the
proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it
deems necessary to undertake the review of any such appeal. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determmations relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
Resolution I�o. 2014-1�1
Paee No. 16
F. MANNER OF COLLECTION
Special Taxes levi>d pursuant to Seciion D above shall b=_ collected in th= same
manner and at the same tim= as ordinary ad valorem property taxes; provided,
howev=r, that the CFD Administrator may directly biil th= Special Tax, may collect
Special Taxes at a di�ierent tim= or in a di�erent mann=r 'rf necessary to me_t the
financial obligation of Improvement Area C of the CFD or as otherwise determined
appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Improvement Area C of the CFD shall remain subject to the
Special Tax in perpetuity.
Resolution No. 2014-151
Pa�e No. ]7
APPENDIX C - RESOLUT/ON OF INTENTION
The following pages provide a copy of the ResoWtion of Intention as approved by the City Council on
June 17, 2014.
Resolution No. 2014-1�1
Paee I`'o. 18
I
IMPORTANT NOTICE
PUBLIC REVIEW PERIOD SET
I � FOR THE
November 4, 2014
GENERAL ELECTION
State law provides for a "public review period" of ail candidates' ballot occupational
designations, candidates' statements of qualifications, ballot measure anatysis; arguments,
rebuttals and other materials before printing the Sample Ballot and Voter Information Pamphlet.
The Caiifornia Elections Code further defines this review period, with a distinct period for each
document filed with the Registrar of Voters.
During this period, any voter who believes any portion of these materials to be false, misleading
or inconsistent with state law may seek a writ of mandate or injunction requiring any or all of the
material to be amended or deleted.
These periods are as follows:
Ballot Occupational Designations for Local Candidates'
August 11 to August 20 Candidates filed by August 8
August 14 to August 25 Candidates filed by August 13, (during the 5-day extension)
Candidates' Statements of Qualifications for Local Offices'
August 11 to August 20 Statements filed by August 8
August 14 to August 25 Statements filed by August 13, (during the 5-day extension)
County Counsel's Impartial Analysis of Local Propositions
August 19 to August 28 Analysis due by August 18
BaIfoYArguments "in Favor oP' or "AgainsY' L-ocal Propositions
August 21 to September 1 Arguments due by August 20
Rebuttals to Ballot Arguments "in Favor oP' or "AgainsY' local propositions
August 29 to September 8 Rebuttals due August 28
*The following o�ces should contact the Secretary of State for deadlines:
Congress, State Senate, State Assembly.
NOTE:
The dates for any of the incorporatedlcharter cities may be different(PLEASE CONTACT CITY CLERK FOR DETAILS).
All documents will be available for public review at the Registrar of Voters o�ce during regular business hours.
6