HomeMy WebLinkAboutReso 2003-149RESOLUTION NO. 2003-149
RESOLUTION OF TH~ CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING ITS INTENTION TO CONSIDER
CHANGES AND MODIFICATIONS TO THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES
AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT
AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO.
07M (F. dkSTLAKE - WOODS, VISTAS AND LAND SWAP),
AND SETTING THE PUBLIC HEARING FOR THE CITY
COUNCIL MEETING OF MAY 20, 2003 AT 6:00 P.M.
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
07M (Eastlake - Woods, Vistas and Land Swap) (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 maintenance of (a) wetlands and 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.
WHEREAS, the qualified electors of each Improvement Area of the District, voting in a
special election held on August 13, 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. 2 shall be referred to as the "Existing Improvement Area
No. 2 RMA"); and
WHEREAS, subsequent to the formation of the District and such election, the EastLake
Compa~) ("EasiLake"), the master developer of the property within Improvement Area No. 2 of
the District, reqtiested that.the Cify Council, acting as the legislative body of the District, initiate
proceedings to modify the Existing Improvement Area No. 2 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, the City Council of the City of Chula Vista, California, acting in
its capacity as the legislative body of Community Facilities District No. 07M (EastLake -
Woods, Vistas and Land Swap), 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. 2 of the District which is
generally described as follows:
Resolution 2003-149
Page 2
All property within the boundaries of Improvemem Area No. 2 of Community Facilities
District No. 07M (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 fde 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. 2 RATE AND METHOD OF
APPORTIONMENT (RMA). This City Council hereby declares its intention to consider
modifying the Existing Improvement Area No. 2 RMA so that the rate and method of
apportionment of special taxes authorized to be levied within Improvement Area No. 2 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 20, 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 No. 2 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. 2 RMA will be
heard.
At the above-mentioned time and place for public heating 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 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. 2
RMA, the City Council shall then submit the modification to the qualified electors of
Improvement Area No. 2 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. 2 for each of the ninety (90) days preceding the close of the public heating, the vote
shall be by registered voters of Improvement Area No. 2, with each voter having one (1) vote.
Otherwise, the vote shall be by the landowners of Improvement Area No. 2 who were the owners
of record at the dose 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 Improvemem Area No. 2.
SECTION 6. NOTICE OF PUBLIC HEARING. The City Clerk is hereby authorized and
directed to give notice of such public hearing 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.
Preparaed by
Resolution 2003-149
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 15th day of April, 2003, by the following vote:
AYES:
Councilmembers:
Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATFEST:
Susan Bigelow, City~k~,SClerk
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. 2003-149 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of April, 2003.
Executed this 15th day of April, 2003.
Susan Bigelow, City Clerk
EXHIBIT A
CITY OF CHUI~ VISTA
COMM-LrNITY F_A~CILITIES DISTRICT NO. 07M
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENTAREA NO. 2 (REVISED)
(Land Swap Paicel)
A Special Tax of Community Facilities District No. 07M (Eastlake III Woods, Vistas and Land
Swap Parcel) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in
Improvement Area No. 2 of the CFI) 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 real property in 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 ~f 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.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Pact 1, Division 2 of Tide 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or esfmaated costs incurred by the CID,,
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 genera] administrative overhead related thereto, and the fees of consukants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer IA
No. 2 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 official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an offidal 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. 07M of the City of Chula Vista.
City of Chula Vista June 20, 2002
CFD 07M, 1.4 No. 2 Page I
"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 Marnager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Prsperty" or "CPF Property" means all AssessOr's
Parcels which are classified as corrm2unity purpose facilities and meet the requirement~ of
City of Chula Vista Ordinance No. 2452.
"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 ali Taxable Property for which a building permit was issued
after January 1, 2002, but prior to the March Ist preceding the Fiscal Year in which the
Special Tax is being levied.
"Final Subdivision Map" means a subdivision of property creating 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 follow'rog June 30.
"Improvement Area No. 2" or "IA No. 2" means Improvement Area No. 2 of the CFD,
as identified on the boundary map for the CFD.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
"Landscape Maintenance" means the labor, material, administration, personnel,
equipment and utilities necessary to maintain landscaped areas within the pubhc right-of-
ways, parkways, slopes, wetlands and other public easements throughout the CFD.
"Landscape Maintenance Requirement" means, for any Fiscal Year in which Special
Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance
applicable to IA No. 2 for such Fiscal Year.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be lev/ed in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Multi-Family Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for a residential structure consisting of two or more
Cit~ of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 2
residential units that share common walls, induding, but not limited to, duplexes, triplexes,
townhomes, condominiums, and apartment units.
"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 th~at 'shall be maintained for lA No. 2 for each Fiscal year
to pay for Landscape Maintenanfie and Storm Water Quality Maintenance and
Administrative Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Landscape Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Developed Property, Subdivided Lot Property, or Taxable Property Owners
Association Property.
"Property Owner Association Property" means any property within the boundaries IA
No. 2 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.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of lA No. 2 of the CFD that
is, at the time of the CF1) 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 IA No. 2 for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the paymem of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Propert3," means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"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 lA No. 2 to fund the Special Tax Requirement.
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 3
"Special Tax Requirement" means that amount required in any Fiscal Year for IA No. 2
to: (a) (i) pay the Landscape Maintenance Requirement; (ii) pay the Storm Water Quality
Maintenance Requirement; ('tii) pa) reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in th~ previous Fiscal Year;' less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"Square Foot" means the square footage as shown on an Assessor's Parcel's building
permit of Residential Property or Multi-Family Property, excluding garages or other
structures not used as living space.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities
that are directly related to storm water quality control throughout IA No. 2.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to IA No. 2 for
the current Fiscal Year in which Special Taxes are levied.
"Subdivided Lot Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Taxable ProperS" means all of the Assessor's Parcels wkhin the boundaries of IA No. 2
of the CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property,
or ('fii) Assessor's Parcels defined as Community Purpose Facility Propertythat is owned by a
non-profit organization and has provided proof to the City prior to thelVlarch 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (v) Assessor's Parcels with public or utility easements making impractical their
ufflization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner
Association Property which is not exempt from the Special Tax pursuant to Section E
below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 4
ASSIGNMENT TO IaMND USE CATEGORIES
Each Fiscal Year using the definltibfis above, all Taxable P~:operty within IA No. 2 of the
CFD shall be classified as Developed Property, Subdivided Lot Property or Undeveloped
Property, and shall be subject to Spedal Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned t6 a Land Use Class as ipedfied in Table 1.
Undeveloped Property shall be further assigned to a Land Use Class as specified in Tabl~ 2.
Assessor's Parcels of CPF Property not classified as exempt in accordance with Section E
below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as
Developed Property. If the Assessor's Parcel is Undeveloped it shall be classified as Other
Taxable Property.
MAXIMUM SPECIAL TAX RATE
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 07M
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
1 Residential Property $ 0.070 per Sq Ft
2 Multi-Family Property $0.070 per Sq Ft
3 Non-Residential Property $547.75 per Acre
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
imposed on all Land Use Classes located on that Assessor's Parcel. The CFI)
Administrator shall determine the allocation to each Land Use Class.
City of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 5
Undeveloped Property ' -
TABLE 2
Maximum Special Tax for Undeveloped Property ·
Community Facilities District No. 0TM
Improvement Area No. 2
Land Use Maximum
Class Description Special Tax
4 Subdivided Lot Property $1,054.95 per Acre
5 Other Taxable Property $1,054.95 per Acre
6 Taxable Property Owner $1,054.95 per Acre
Association Property
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 IA No. 2 shall be increased each Fiscal Year beginning in Fiscal
Year 2003-04 and thereafter by a factor equal to the annual percentage increase, if
any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All
Items).
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2002-03, and for each following Fiscal Yea~, the Council shall
levy the IA No. 2 Special Tax at the rates established pursuant to steps ~ through 4 below so
that the amount of the Spedal Tax levied equals the Special Tax Requirement. The Special
Tax shall be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Subdivided Lot Property at up to 100% of the Maximum Special Tax
for Subdivided Lot Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to :[00% of the Maximum Special Tax for
Other Taxable Property;
City of Cbula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 6
Fo
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the fn'st
three steps have been completed, flae Special Tax shall be levied proportionately 9n each
Assessor's Parcel of Taxable Prop~riy Owner Association Property at' up to 100% of the
Maximum Special Tax for Taxable Property Owner Assodation Property.
Notwithstanding the above, under no-circumstances 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
annually up to the Maximum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within IA No. 2 of the CFD.
EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
The CFI) Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 76.23 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fmnxh step in Section D.
The CFD Administrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
~P~LS
Any landowner or resident who pays the Special Tax and believes th;t 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
Spedal 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 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 spedal three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as k 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. IA No. 2
City of Chula Vista June 20, 2002
CFD 07M, IA No. 2 Page 7
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 ad zMoron propervj' 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 finandal obligations of IA No. 2 of 'the
CFD or as otherwise determined appropriate byzhe CFD Administrator.
ti. TERM OF SPECIAL TAX
Taxable Property in IA No. 2 of the CFD shall remain subject to the Special Tax in perpetuity.
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CiO' of Chula Vista
CFD 07M, IA No. 2
June 20, 2002
Page 8