HomeMy WebLinkAboutReso 2016-144 RESOLUTION NO. ZO16-1�4
RESOLUTIOl�' OF THE CITl' COLTNCIL OF THE CITy OF
CHULA V"ISTA. CALIFORI�'IA. ACTII�'G AS THE
LEGISLATIVE BODl' OF COMT4U2�'ITY FACILITIES
DISTRICT ?�'O. 97-2 (PRESER\'E I�4.AII�'TEI�'P.NCE
DISTRICT), n�IAKING CERTAIIv DETERI�4I?�'ATIONS A:�D
AUTHORIZII�'G SUB?�9ITTAL OF LE\'Y OF SPEC[AL TF.XES
TO THE QUALIFIED ELECTORS OF CERTAII�' TERRITORI'
PROPOSED TO BE AI�TTEXED TO COA4MUI�'ITY FACILITIES
DISTRICT ?�O. 97-2 (PRESER\%E h4AIIvTENAI�CE DISTRICT)
AND IA4PROVEA9EI�'T AREA "C" THERETO
WI-IEREAS. the CIT1' COLJNCIL of the CITY OF CHULA VISTA. CALIFORi\'IA.
("Cit�� Council"). formed a Communitv Facilities District and desienated certain improvement
areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facifities.Act
of 1982`; beine Chapter 2.�, Part 1, Di��ision 2, Title � of the Go��ernment Code of the State of-
California (the "Acr'). and the Citv of Chula V'ista Communit}� Facilities District Ordinance
enacted pursuant to the powers resen�ed b}� the Cin� of Chula Vista under Sections 3, � and 7 of
Article XI of the Constirution of the State of Califomia (the "Ordinance ') (the Act and the
Ordinance may be referred to collectiveh� as the "Community Facilities District Law`). The
Communin� Facilities District has been designated as COMMUI�TITY FACILITIES DISTR[CT
NO. 97-2 (PRESERVE MAII�'TENANCE DISTRICT) (the "Districr') and the Improvement
Areas ���ere desianated as IMPROVEMENT AREA ��A." [MPROVEMENT AREA "B" and
IMPROVEMEI�rT AREA "C" of such District: and
WHEREAS: the Cit�� Council. at the request of the o��mer of that propem� l:no��m as
Villa2e 3 located ��ithin the Ota�� Ranch, initiated proceedings pursuant to the Communitv
Facilities District La��° to annex such territon� to the District and Improvement rlrea "C" thereto;
and
�i'HEREAS, notice of a public hearin_ relating to the annexation of such temton� to the
District and Impro��ement Area "C,' the estent of the territory to be anne�ed, the fumishine of
certain public sen�ices and all other related matters has been gi��en; and
WI-IEREAS, the temton� proposed to be anne�ed is I:no���n and designated as
COn4ATUI�'ITY F.ACILITIES DISTRIC7 I�'O. 97-2 (PRESERVE A4.AII�TTENANCE
DISTR[CT), IMPRO\%EMEI�'T AREA ��C." AIv:VEXATION \O. 10 (the "Temton�`); and
V1�HEREAS. it has no��� been determined that ���ritten protests have not been recei��ed b��
�0% or more of the registered ��oters residing either H�ithin the Temtor�� or Impro��ement Area
"C ' and/or propem o�vners representine more than one-half (1/2) or more of the area of land
N�ithin the Territor�� or�aithin Impro��ement Area `C'; and
Resolution No. 2016-]44
Paee No. 2
WHEREAS, inasmuch as there have been ]ess than twelve (12) persons registered to vote
within the Territory for each of the 90 preceding days, this legislative body desires to submit the
levy of the required special tax to the landowners of the Territory, such landowners being the
qualified electors as authorized by law.
NOW. THEREFORE. BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Determinations. It is determined by this City Council that:
(a) all proceedings prior hereto were valid and taken in conformity with the
requirements of laN�, and specifically the provisions of the Community
Facilities District Law, and this finding is made pursuant to the provisions
and authorization of Section 53325.1 of tl�e Government Code of the State
of California;
(b) the annexation of the Territory to Improvement Area "C" as proposed
conforms ���ith the City of Chula Vista Statement of Goals and Policies
Regarding the Establishment of Community Pacilities Districts;
(c) less than twel��e (12) registered voters have resided within the Territory
for each of the ninety (90) days preceding the close of the public hearing
and, consequently, the qualified electors shall be the landowners of the
Territory and each landowner who is the owner of record as of the close of
the public hearing, or the authorized representative thereof, shall have one
vote for each acre or portion of an acre of land that she or he owns within
the Territory;
(d) the time limit specified by the Community Facilities District Law for
conductine an election to submit the le�ry� of the special tases to the
qualified electors of the Territory and the requirements for impartial
anal}�sis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the Territory;
(e) the City Clerk, actin� as the election official, has consented to conducting
any required election on a dafe which is less than 125 days following the
adoption of any resolution annexing the Territory to the District and
Improvement Area "C" thereto; and
(� the public services described in Section 4 herein proposed to be financed
from the proceeds of special taxes to be le��ied within the Temton- are
necessary to meet increased demands placed upon the City as a result of
de��elopment and/or rehabilitatiou occurring in the Territory.
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Resolution \o. 2016-144
Paae No. 3
SECTION 3. Boundaries of the Temton�. The boundaries and pazcels of land the
Territory and in which the public services are to be provided and on �fiich special taxes ��ill be
levied in order to pa}� the costs and eapenses for such public services are senerall�� described as
folloN�s: �
All that Territor�� proposed to be annexed to the District and
[mpro��ement Area "C" thereto, as such propem� is sho��m on a
map as pre��iouslv approved bv this legislative bod��_ such map
entitled `:Annexation ?�4ap No. ]0 of Communin- Facilities District
No. 97-2 (Presen�e n4aintenance District), Cim Of Chula Vista,
Countv Of San Dieso, State Of Califomia` (the "Annexation
Map�'), a cop�- of «�hich is on file in the Office of the Ciri� Clerk
and shall remain open for public inspection. The .Annexation h4ap
has been filed in the Office of the San Dieao Counn- Recorder. in
Book 4�, Paee 70 of n9aps of Assessment and Communin�
Facilities Districts and as Document\'o. 2016-7000237.
SECTION 4. Descrintion of Sen�ices. The sen ices that are authorized to be financed
b�� the District from the proceeds of special tales le�ied ���ithin [mprovement Area "C" are
certain services ti�hich are in addition to those sen�ices that ���ere pro��ided in or required for
Improvement Area "C` prior to the formation of the District and the desienation of Impro��ement
Area "C" and did not replace sen�ices alread�� a��ailable in the District or Improvement Area "C"
at the time of formation of the District and the desienation of]mpro��ement Area "C". A Qeneral
description of the services authorized ro be financed b}� the District ti�ithin [mprovement Area
"C" is as folloti�s:
The monitorino, maintenance. operation and manasement of public
propert}� in which the Cirv has a propeR}� interest and �vhich
conforms to the requirements of the Ordinance or private property
within the Ota�� Ranch Presen�e which is required by the Presen e
O���ner/1�4anager to be maintained as open space or for habitat
maintenance or both. Such propert}� may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the Cit�� of Chula Vista. Such senices shall not include the
maintenance. operation and/or management of am� propertv
o���ned, maintained, operated and/or manased b�� the federal and/or
state sovemment as open space. habitat maintenance and/or for
an}� other purpose.
The District shall finance all direct. administrative and incidental annual costs and
e�penses necessarv to provide such monitorine, maintenance, operation and manasement of such
public property.
The same t�pes of senices which are authorized to be financed b� the District from the
proceeds of special ta�es le�ied �i�ithin Impro��ement Area "C" are the tvpes of sen ices to be
financed from the proceeds of special ta�es le��ied ��ithin the 7�emton�. [f and to the estent
possible such sen�ices shall be pro��ided in common �cithin the District and the Territor��.
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Resolution No. 2016-144
Pa�e No. 4
SECTIOl�' S. S�ecial Tax. Except where funds are otherwise available, a special taz
sufficient to pa�� for such sen-ices and related incidenta] expenses authorized bv the Communiri�
Facilities District Law; secured by recordation of a continuing lien against all non-exempt real
property in the Territory, will be le��ied annually within the boundaries of such Territory. For
further particulars as to the rate and method of apportionment of the proposed special taa,
reference is made to the attached and incorporated Eahibit "A" (the `Improvement Area `C' Rate
and Method"), which sets forth in sufficient detail the method of apportionment to allow each
landowner or resident within the proposed Territory to clearly estimate the maaimum amount
that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special taa
le��ied to pay for the same services in Impro��ement Area "C," except that a hi�her or lower
special tax may be le��ied H�ithin the Territor}� to the extent that the actual cost of providing the
services in the Territory is higher or ]ower than the cost of providing those services in
Improvement Area `C." Notwithstanding the foregoing. the special tax may not be le��ied at a
rate which is higher that the maximum special tax authorized to be levied pursuant to the
Improvement Area "C" Rate and Method.
The special taaes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property ta�es and shall be subject to the same penalties; procedure, sale
and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special
taxes that may not be collected on the County tax roll shall be collected through a direct billing
procedure by the Treasurer.
The maximum special tax rate in Impro��ement Area "C° shall not be increased as a result
of the annexation of the Territory to lmprovement Area "C."
SECTION 6. Election. The proposition related to the levy of the special taa shall be
submitted to the qualified electors of the Territory, such electors being the landowners, with each
landowner 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 July 12, 2016 immediateh�
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 recei��es 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.
SECTTON 7. Ballot. The ballot proposal to be submitted to the qualified electors at the
election shall generally be as follows:
Resolution No. 20]6-I 4�
Pa�e No. �
PROPOSITIO?�' .A
C[T1' OF CHliLA V'ISTA
COA4MLJI�TITY FACILITIES DISTRICT NO. 97-2.
I?�4PROVEI�4ET'T AREA `C" ��'�EXATIOI�' NO. 10
AUTHORIZATION FOR SPECIAL TA� LEVY
Shall Communiro Facilities District No. 97-2 (Preserve Maintenance District) of the Citv
of Chula Vista be authorized to ]e��v special taxes within the temton� identified as Annexation
?�'o. 10 to Improvement Area "C' of such District pursuant to the rate and method of
apportionment of special ta�;es (the "Impro��ement Area `C' Rate and Method") attached to this
ballot to finance the authorized sen�ices and administrative espenses and to fund and replenish a
resen�e fund; ai as pro��ided for in the Improvement .Area `C' Rate and A4ethod?
SECTION 8. V"ote. The appropriate mark placed in bo� adjacent to the word "YES"
shall be counted in fa�or of the adoption oF the proposition. and the appropriate mark placed in
the box adjacent to the w�ord "I�'O" in the manner as authorized, shall be counted against the
adoption of such proposition.
SECTION 9. Election Procedure. This Cim Council herebv authorizes the Election
Official to take an�� and all steps necessan� for the holding of such election and ratifies an�� such
steps pre��iouslv taken b�� such Election Official «hich H�ere necessar}� for the holdine of such
election. Such Election Official shall perform and render all sen�ices and proceedings incidental
to and connected tiith the conduct of such election. and such services shall include. but not be
limited to the followine:
(a) Prepare and furnish ro the election officers necessary election supplies for
the conduct of the election.
(b) Cause to be printed the requisite number of official ballots, tall�� sheets
and other necessarv forms.
(c) Fumish and address official ballots for the qualified electors of the
Territor��.
(d) Cause the official ballots to be mailed and/or delivered, as required b}�
IaN�.
(e) Receive the retums of the election.
(� Sort and assemble the election material and supplies in prepara[ion for the
cam�assins of the retums.
(e) Cam�ass the retums of the election.
(h) Fumish a tabulation of the number of��otes �i��en in the election.
Resolution No. 20]6-144
Page No. 6
(i) Make all arranoements and take the necessary steps to pay all costs of the
election incurred as a result of services performed for the District and pa��
costs and eapenses of all election officials.
(j) Conduct and handle all other matters relating to the proceedings and
conduct of the election in the manner and form as required by lav��.
Presented Approved as to form by
�/[,
Kelly roughton. FASLA Glen R. oogins�
Director of Developmental Services tv orney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia_ this 12th day of July 2016 by the following vote: �
AYES: Councilmembers: Aguilar, Bensoussan, McCann; Miesen, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
��� ,�
Mary alas, Mayor
ATTEST:
��-�.�.- ���,�
Donna�CMC. Citv Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris; Cit}� Clerk of Chu]a Vista, California, do l�ereby certify that the foregoing
Resolution No. 2016-144 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Counci] held on the 12th day of July 2016.
Executed this 12th day of July 2016.
�-���
Donna R. Norris, CMC; City Clerk
Resolution ?�'o. 2016-144
Pase No. 7
EaHIBIT "A"
Rate and Method of
Apportionment of Special Tax
City of Chula Vista
Community Facilities District No. 47-2
(PRESERVE MAINTENANCE DISTRICT)
Improvement Area C
Annexation No. 10
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 Annexation No. 10 of
Improvement Area C of the CFD and collected each fiscal Year commencing with Fiscal Year
2017-2018 in an amount determined through the application of the rate and method of
apportionment of the Special Tax set forth below. All of the real property within Annexation
No. 10 of Improvement Area C of the CFD, unless exempted by law or by the provisions hereof,
shall be taxed for the purposes,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.
"Ad" 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 salaries of City employees and a proportionate amount of the City's
general administrative overhead related thereto, and the fees of consultants and legal counsel
providing services related to the administration of the CFD; the costs of collecting installments
1
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Resolution No. 2016-144
Paee No. 8 .
of the Special Taxes; and any other costs required to administer Area C of the CFD as
determined by the City.
"Assessor's Parcel" or "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 official 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.
"CFD Administretor" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community facilities District No. 97-2 (Preserve Maintenance District) of the City
of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the 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 Assessor's Parcels which
are classified as community purpose facilities and meet the requirements of City of Chula Vista
Ordinance No. 2883.
"Council" means the City Council of 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 lst preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential lot or non-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 residential or non-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
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Resolution No. 2016-144
Paee I�'o. 9
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.
"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.
"Opereting Fund Balance" means the amount of funds in the Operating Fund at the end of the
preceding Fiscal Year.
"Operating Fund Requirement" means for any 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 which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in Attachment A
hereto which is incorporated herein by this reference.
"Preserve 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 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 propeRy within the boundaries of Area C of the CFD that is, at the
time of the CFD formation, expeded 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 ihe end of the
preceding Fiscal Year.
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Resolution No. 2016-144
Page No. 10
"Reserve Fund RequiremenY' means an amount equal to up to 100% of the Operating Fund
Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential dwelling unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management Plan also
referred to as "The Otay Ranch Resource Management Plan" dated October 28, 1993, and the
Otay Ranch Phase 2, Resource Management Plan dated lune 4, 1996, as both such plans may be
amended from time to time.
"Resource Monitoring Progrem" means those described in Attachment B hereto which is
incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each
Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the
Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of
the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area C's "fair
share" shall be based on Improvement Area C's percentage of the total acreage within the Otay
Ranch General Development Plan Planhing Area for which a Resource Monitoring Program
funding mechanism has been esteblished.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below
in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property
in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i) pay
the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund
Requirement, less the 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 Taxes 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 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 Annexation No. 10 of
Improvement Area C of the CFD shall be classified as Category I, Category II, Category III or
Exempt as defined in Section C. The Taxable Property shall further be classified as Developed
Property, Final Map Property or Undeveloped Property and shall be subject to Special Taxes
pursuant to Sections C and D below. Developed Property shall be further assigned to a Land Use
Class as specified in Table 1.
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Resolution \o. 2016-14�
Pase \o. 11
C. MAXIMUM SPECIAL TAX RATE
CATEGORYI
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for the Resource Monitoring Program, and Preserve Operations and
Maintenance for Fiscal Year 2016-2017 on Developed Property are the rates set forth in Tabie 1
below. For Residential Property, the Special Tax shall be levied based upon euilding Square
Footage and for Non-Residential Property shall be levied based on Acreage.
TABLE 1
Maximum Special Tax for Category I
Community Facilities District No. 97-2
Improvement Area C
(Fiscal Year 2016-2017)
Description Resource Operation & Total
Monitoring Maintenance
� Residential � 50.0076/sq ft � 50.0119/sq ft � 50.0195/sq ft �
� Non-Residential � $123.0613/acre � 5195.3689/acre � 5318.4302/acre �
CATEGORYII �
Category II includes each Assessor's Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not dassified as a Developed Parcel ("Category II").
The Maximum Speciai Tax for the Resource Monitoring Program, and Preserve Operations and
Maintenance approved for Fiscal Year 2016-2017 on each Assessor's Parcel in Category I� is the
rate set forth 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
(Fiscal Year 2016-2017)
Resource Operation & Total
Monitoring Maintenance
I 5123.0613/acre � $1953689/acre � $318.4302/acre �
CATEGORY III �
Category III indudes each Assessor's Parcel of Taxable Property within the District not subject
to Special Tax under any other category ("Category III").
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Resolution No. 2016-144
Page No. 12
The Maximum Special Tax approved for Fiscal Year 2016-2017 on Taxable Property within
Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any '
portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities Distrid No. 97-2
Improvement Area C
(Fiscal Year 2016-20ll)
Resource Operation & Total
Monitoring Maintenance
$79.4Z38/acre $126.0917/acre $205.5155/acre
EXEMPT CATEGORY �
The Exempt Category includes each property owned, conveyed or irrevocably offered for
dedication to a pu6lic agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement
impractical, common areas, private streets and parks, and open space lots ("Exempt Category").
SPECIAI CASES
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land
Use Class and be considered "Special Case". The Maximum Special Tax that may be levied on an
Assessor's Parcel identified as Special Case shall be the sum of the Maximum Special Tax levies
that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Class.
ANNUAL ESCALATION OF MAXIMUM SPEqAL TAX .
The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's
Parcel in Improvement Area C, Annexation No. 10, shall be increased each Fiscal Year beginning
in Fiscal Year 2016-2017 and thereafter by a factor equal to the annual percentage change in
the San Diego Metropolitan Area Consumer Price Index for All Urban Consumers (CPI-U, All
Items) or zero percent (0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2017-2018, and for each following Fiscal Year, the Council shall
levy the Improvement Area C, Annexation No. 10, 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 the Resource Monitoring Program, and
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Resolution \o. 2016-1�
Pase No. 13
Preserve Operetions 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 the Resource Monitoring Program, 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 for the 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 Category II shall be calculated as
the lesser of:
The Special Tax Liability for Improvement Area C as determined by the City,
less the totai revenue generated for all Parcels under Step 1 above, divided by
the total Acres for all Parcels within Improvement Area C assigned to Category
I I,
OR
The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the totai revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for
Improvement Area C, a.Spetial 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 lesser of:
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 Improvemeni Area C assigned
to Category III,
OR
The Maximum Special Tax rate for Parcels assigned to Category tll 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
noi 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 cirwmstances will the Special Tax 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 (10%)
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Resolution No. 2016-144
Page No. 14 �
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; tne 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 7ax
levied 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 shall 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 determinations 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.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at
the same time as ordinary od volorem property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in
a different manner if necessary to meet the financial obligations of 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.
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Resolution I�'o. 2016-144
Pase No. 1�
Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and management
of the public or private property within boundaries of the Otay Ranch Preserve, as such
boundaries may be modified from time to time, required by the Resource Management Plan to
be maintained. as open space or habitat preservation land or both. Such maintenance,
operations and management shaii inciude, but not be limited to,the following:
(i) Preserve Maintenance. Development, implementation and ongoing
provision of programs to maintain, operate and manage preserve habitat
values through: cultivation, irrigation, trimming, spraying, fertilizing,
and/or treatment of disease or injury; removal of trimmings, rubbish,
debris and other solid waste; maintenance of trails; removal and control
of exotic plant species (weeds); and control of cowbirds through
trapping.
(ii) Security. Development, implementation and ongoing provision of security
programs to: enforce "no trespassing" rules; curtail activities that
degrade resources, such as grazing, shooting, and illegal dumping;
remove trash, litter, and other debris; control access; prohibit off-road
traffic; and maintain fences and trails.
(iii) Preserve improvements: Acquire equipment and/or install improvements
necessary to maintain, operate and manage the open space and habitat
preservation land described above.
The above description of the Preserve Operations and Maintenance is general in nature. The
actual mainienance, operations and management of the open space and habitat preservation
land within the Otay Ranch Preserve may be modified from time to time as necessary in order
to effectively provide such services in compliance with the requirements of the Resource
Management Plan.
9
Resolution No. 2016-144
Paae No. 16
Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting program consistent with the Resource
Management Plan to identify changes in the quality and quantity of preserve resources
including wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resn����P nnnnitoring is general in nature. The actual monitoring
and reporting program may be modified from time to time as necessary in order to effectively
provide such services consistent with the requirements of the Resource Management Plan.
!n