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HomeMy WebLinkAboutReso 2003-123RESOLUTION NO. 2003-123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT (CFD) NO. 09-M (VILLAGE 11 BROOKFIELD SHEA OTAY) AND AUTHORIZING SUBMiTtAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF WHEREAS, a public hearing has been held and concluded, and the City Council of the City of Chula Vista, California (the "City Council"), now desires to proceed with the establishment of a community facilities district, pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (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"). Such Community Facilities District shall hereinafter be referred to as Community Facilities District No. 09-M (Village 11 Brookfield Shea Otay) (the "District"); and WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the f'mancing of certain types of services and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and WHEREAS, all communications relating to the establishment of the District, the proposed services and the rotes and methods of apportionment of the special tax proposed to be levied within the Disttict have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within the District; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, 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 hereby determined by this City Council that: A .... All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the Resolution 2003-123 Page 2 special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State of California. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (the "Goals and Policies"), as amended. D. Less than twelve (12) registered voters have resided within the territory within the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of such District as such term is defined in Government Code Section 53317(0 and each such 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 District. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. Community Facilities District Report. The Community Facilities District Report, as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. Name of District. This legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as "Community Facilities District No. 09-M (Village 11 Brookfield Shea Otay)." SECTION 5. Boundaries of the District. The boundaries of the District are generally described as follows: All property within the boundaries of Community Facilities District No. 09-M (Village 11 Brookfield Shea Otay), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this Community Facilities District, a copy of which is on file in the office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 37of Book 14 of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. Types of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is as follows: The maintenance of (a) landscaped areas within the public rights-of-ways and other public easements throughout the District including medians, parkways, slopes and trails, (b) pedestrian bridges, (c) perimeter walls and fencing and (d) facilities that are directly related to storm water quality control throughout the District. Resolution 2003-123 Page 3 Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such landscaped areas and such storm water quality control facilities. It is the intention of the City Council to finance all direct, administrative and incidental annual costs and expenses necessary to provide the authorized maintenance and services. For a full and complete description of the public services, reference is made to the final Community Facilities District Report, a copy of which is on file in the office of the City Clerk. For all particulars, reference is made to such Community Facilities District Report. SECTION 7. Special Tax. Except where funds are otherwise available special taxes, secured by recordation of a continuing lien against all non-exempt real property in the District, are hereby authorized, subject to voter approval, to be levied annually within the boundaries of such District to finance the services described in Section 6 above. Under no circumstances will the special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 8 above: Each such special tax shall be levied for the specific purposes set forth in Section 7. above. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 7. above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. Resolution 2003-123 Page 4 D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone nuraber of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Depat hnent City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified electors of the District, such electors being the landowners within the District with each landowner having one (1) vote for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that the separate ballot propositions relating to the levy of the above referenced special taxes within the District be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for the District. The proposition related to the levy of the special taxes shall, together with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be held on (a) April 1, 2003 or (b) such other date as the qualified electors and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If the proposition for the levy of the special taxes receive the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. SECTION 11. Ballot Proposals. The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall the City of Chula Vista Community Facilities District No. 09-M (Village 11 Brookfield Shea Otay), subject to accountability measures set forth in Resolution No. , levy a special tax throughout such district pursuant to the rate and method of apportionment thereof set forth in such resolution (the "Rate and Method") for the purposes of financing the Special Tax Requirement as defined in the Rate and Method? PROPOSITION B Shall the City of Chula Vista Community Facilities District No. 09-M (Village 11 Brookfield Shea Otay) establish an Article XIIIB appropriations limit equal to $2,000,000? Resolution 2003-123 Page 5 SECTION 12. Vote. The appropriate mark placed on the line preceding the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line preceding the word "NO" in the manner as authorized, shall be coumed against the adoption of such proposition. SECTION 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: Prepare and furnish to the necessary election supplies for the conduct of the election. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. Furnish official ballots for the qualified electors of each Improvement Area of the District. Cause the official ballots to be presented to the qualified electors, as required by law. 5. Receive the returns of the election and supplies. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. 7. Canvass the returns of the election. 8. Furnish a tabulation of the number of votes given in the election. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Presented by Approved as to form by ~'Iiffo~//Swanson Engi/i~ering Director Ann Moore City Attorney Resolution 2003-123 Page 6 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: ATYEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, Rindone, Salas, McCann and Padilla None None Susan Bigelow, City Clcq'k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-123 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 Clc~k