Loading...
HomeMy WebLinkAboutReso 2003-109RESOLUTION NO. 2003-109 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OF INTENTION OF CONSIDERATION TO CHANGES AND MODIFICATIONS TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EAS~ - WOODS, VISTAS, AND LAND SWAP) WHEREAS, the City Council of the City of Chula Vista, California, (the "City Council") previously has previously undertaken proceedings to form Community Facilities District No 06-I (Eastlake - Woods, Vistas, and Land Swap) (the "District"), to designate two improvement areas therein ("Improvement Area A" and "Improvement Area B") and to authorize the levy of special taxes within each Improvement Area and the issuance by the District of bonds for 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 acquisition or construction of certain authorized facilities; and WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on September 17, 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 B shall be referred to as the "Existing Improvement Area B RMA''); and WHEREAS, subsequent to the formation of the District and such election, the EastLake Company, LLC ("EastLake"), the master developer of the property within the District, has notified the City of Chula Vista (the "City") that EastLake intends to prepay the special tax obligation for approximately 48 acres of commercial property located within Improvement Area B pursuant to the Existing Improvement Area B RMA; and WHEREAS, the prepayment of the special tax obligation for such commercial property will result in a decrease in the number of acres of Undeveloped Property (as such term is defined in the Existing Improvement Area B RMA) that will be subject to taxation pursuant to the Existing Improvement Area B RMA; and WHEREAS, EastLake has requested, and the City staff and City financing team for the District have concurred with such request, that that the City Council, acting in its capacity as the legislative body of the District, initiate proceedings to consider modifying the Existing Improvement Area B RMA to adjust for the prepayment of the special tax obligation for the commercial property; and WHEREAS, this City Council desires to initiate such proceedings and to set the time and place for a public hearing on this resolution. Resolution 2003-109 Page 2 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. 06-1 (Eastlake - Woods, Vistas, and Land Swap), does hereby resolve, declare, find, determine and order as follows: SECTION 1. RECITALS. The above recitals are ail tree and correct. SECTION 2. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by the proposed modification, if approved, is ail of Improvement Area B of the District which is generally described as follows: All property within the boundaries of Improvement Area B of Community Facilities District No. 06-1 (Eastlake - Woods, Vistas, and Land Swap), as shown on a 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 B RMA. This City Council hereby declares its intention to consider modifying the Existing Improvement Area B RMA so that the rate and method of apportionment of special taxes authorized to be levied within Improvement Area B 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 6 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 B RMA. At such time and place all interested persons or taxpayers for or against the approval of the modification of the Existing Improvement Area B 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 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 heating. If a written majority protest is filed against the modification of the Existing Improvement Area RMA, the proceedings shail 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 B RMA, the City Council shall then submit the modification to the qualified electors of Improvement Area B 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 B for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of Improvement Area B, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of Improvement Area B 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 B. Resolution 2003-109 Page 3 SECTION 6. NOTICE OF PUBLIC HEARING. The City Clerk is hereby authorized and directed to give notice of such public hearing in the following manner: A Notice of Public Hearing shall 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. Prepared by Approved as to form by Anti 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: ATTEST: Councilmembers: None , ~dilla, Mayor Susan Bigelow, City CTerk STATE OF CALIFORNIA ) COUNTTy OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-109 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 Clerk