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HomeMy WebLinkAboutReso 2003-108- RESOLUTION NO. 2003-108 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO CONSIDER CHANGES AND MODIFICATIONS TO THE SPECIAL TAX RATES WITHIN COMMUNITY FACILITIES DISTRICT NO. 08-M, IMPROVEMENT AREA 1 WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council") has previously undertaken proceedings to form Community Facilities District No 08-M (Village 6, McMillin Otay Ranch and Otay Ranch Company) (the "District"), to designate two improvement areas therein ("Improvement Area No. 1" and "Improvement Area No. 2") and to authorize the levy of special taxes within each Improvement Area pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to finance the maintenance of (a) landscaped areas within the public rights-of-ways and other public easements throughout the District and (b) facilities that are directly related to storm water quality control throughout the District; and WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on October 22, 2002, approved the authorization to levy special taxes within each Improvement Area pursuant to a separate rate and method of apportionment of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved for Improvement Area No. 1 shall be referred to as the "Existing Improvement Area No. 1 RMA"); and WHEREAS, subsequent to the formation of the District and such election, McMillin Communities ("McMillin"), the master developer of the property within Improvement Area No. 1 of the District, requested that the City Council, acting as the legislative body of the District, initiate proceedings to modify the Existing Improvement Area No. 1 RMA; and WHEREAS, this City Council desires to initiate such proceedings and to set the time and place for a public hearing on this resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, California, acting in its capacity as the legislative body of Community Facilities District No. 08-M (Village 6, McMillin Otay Ranch and Otay Ranch Company), does hereby resolve, declare, find, determine and order as follows: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by the proposed modification, if approved, is all of Improvement Area No. 1 of the District, which is generally described as follows: All property within the boundaries of Improvement Area No. 1 of Community Facilities District No. 08-M (Village 6, McMillin Otay Ranch and Otay Ranch Company), as shown on a Resolution 2003-108 Page 2 map as previously approved by the City Council of the City, such map designated by the name of such District, a copy of which is on file in the office of the City Clerk of the City. SECTION 3. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF THE EXISTING IMPROVEMENT AREA NO. IRMA. This City Council hereby declares its intention to consider modifying the Existing Improvement Area No. 1 RMA so that the rate and method of apportionment of special taxes authorized to be levied within Improvement Area No. i reads as set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 4. PUBLIC HEARING. NOTICE IS HEREBY GIVEN that on May 6, 2003, at the hour of 4 p.m., in the regular meeting place of the City Council, being the Council Chambers located at 276 Fourth Street, Chula Vista, California, the City Council will hold a public hearing to consider this resolution and to consider the approval of the modification of the Existing Improvement Area No. 1 RMA. At such time and place all interested persons or taxpayers for or against the approval of the modification of the Existing Improvement Area No. i RMA will be heard. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the modification of the Existing Improvement Area No. 1 RMA will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If a written majority protest is filed against the modification of the Existing Improvement Area No. 1 RMA, the proceedings shall be abandoned. SECTION 5. ELECTION. If, following the public hearing described in the Section above, the City Council determines to approve the modification of the Existing Improvement Area No. 1 R/vIA, the City Council shall then submit the modification to the qualified electors of Improvement Area No. 1 of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within Improvement Area No. I for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of Improvement Area No. 1, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of Improvement Area No. 1 who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within Improvement Area No. 1. SECTION 6. NOTICE OF PUBLIC HEARING. The City Clerk is hereby authorized and directed to give notice of such public heating by causing a Notice of Public Heating to be published pursuant to Government Code Section 6061 in a legally designated newspaper of general circulation with such publication to be completed at least seven (7) days prior to the date set for such public hearing. SECTION 7. EFFECTIVE DATE. This resolution shall become effective immediately upon its adoption. Presented by Resolution 2003-108 Page 3 Approved as to form by Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: ATrEST: Councilmembers: None Susan Bigelow, City ~rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2003-108 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of March, 2003. Executed this 25th day of March, 2003. Susan Bigelow, City Clerl(