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HomeMy WebLinkAboutReso 2003-195 RESOLUTION NO. 2003-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF THE PROPOSED MODIFICATIONS OF THE RATE AND METHOD OF APPORTIONMENT FOR IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 06-I (EASTLAKE WOODS, VISTAS AND LAND SWAP) TO THE QUALIFIED ELECTORS THEREOF WHEREAS, the City Council of the City of Chula Vista, (the "City Council") 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 pursuant to the provisions of the Mello-Roos Conununity 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 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 B shall be referred to as the "Existing Improvement Area B Rate and Method"); 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 Rate and Method"); and V~q-IEREAS, 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 Rate and Method; 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 Rate and Method) that will be subject to taxation pursuant to the Existing Improvement Area B Rate and Method; and WHEREAS, as a result of the foregoing, EastLake has requested, and the City staff and City financing team for the District have concurred with such request, that the City Council, acting in its capacity as the legislative body of the District, initiate proceedings to consider Resolution 2003-195 Page 2 modifying the Existing Improvement Area B Rate and Method to adjust for the prepayment of the special tax obligation for the commercial property; and WHEREAS, the City Council has adopted its Resolution No. 2003-109 declaring its intention to consider changes to the Existing Improvement Area B Rate and Method to authorize the levy of special taxes within Improvement Area B pursuant to the Revised Improvement Area B Rate and Method of apportionment of special taxes set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Revised Improvement Area B Rate and Method"); and WHERF_AS, notice of a public hearing to consider the authorization to levy the special taxes pursuant to the Revised Improvement Area B Rate and Method has been given in the form and manner required by the Community Facilities District Law; and WHEREAS, it has now been determined that written protests have not been received by 50% or more of the registered voters residing within Improvement Area B of the District and/or property owners representing more than one-half (1/2) or more of the area of land within Improvement Area B of the District to the proposed changes to the Existing Improvement Area B Rate and Method; and WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within Improvement Area B for each of the 90 preceding days, this legislative body desires to submit the question of authorizing the changes to the Existing Improvement Area B Rate and Method to the landowners of Improvement Area B, said landowners being the qualified electors as authorized by law. 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. 06-I (EastLake - Woods, Vistas and Land Swap), does hereby resolve, declare, find, determine and order as follows: SECTION 1. RECITALS. The above recitals are all tree and correct. SECTION 2. DETERMINATIONS It is determined by this City Council that: A. all proceedings related to the proposed modification to the Existing Improvement Area B Rate and Method prior hereto were valid and taken in conformity with the requirements of law, and specifically the provisions of the Community Facilities District Law; B. the proposed changes to the Existing Improvement Area B Rate and Method conform with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts; C. less than twelve (12) registered voters have resided within Improvement Area B for each of the ninety (90) days preceding the close of the public hearing and, consequently, the qualified electors shall be the landowners of Improvement Area B 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 Improvement Area B; Resolution 2003-195 Page 3 D. the qualified electors have consented to the shortening of time for conducting the special election to present the question to authorize the levy of special taxes within Improvement Area B pursuant to the Revised Improvement Area B Rate and Method, therefore, such special election may be conducted less than 90 following the date of the public hearing to consider the changes to the Existing Improvement Area B Rate and Method. SECTION 3. PROPOSED CHANGES TO THE EXISTING IMPROVEMENT AREA B RATE AND METHOD. Except to the extent that funds are otherwise available to the District to pay for the public facilities previously authorized to be financed by the District, this City Council hereby approves, subject to the approval by the qualified electors of Improvement Area B, changes to the Existing Improvement Area B Rate and Method to authorize the levy of special taxes within Improvement Area B pursuant to the Revised Improvement Area B Rate and Method. Such special taxes shall be secured by recordation of a continuing lien against all non- exempt real property within Improvement Area B, shall be levied annually within Improvement Area B, and shall be collected in the same manner as ordinary ad valorem property taxes, or in such other manner at this Board or its designee shall determine, including direct billing of the affected property owners. The Revised Improvement Area B Rate and Method shall provide that under no circumstances will the special tax levied against any parcel used for private residential purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area B. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The Revised Improvement Area B Rate and Method shall set forth the conditions under which the special tax obligation for any parcel may be prepaid and permanently satisfied in whole or in part. SECTION 4. ELECTION. The proposition to authorize the levy of special taxes within Improvement Area B pursuant to the Revised Improvement Area B Rate and Method shall be submitted to the qualified electors of Improvement Area B, said 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 said annexed territory. The special election shall be held on May 20, 2003 or such other date as the City Clerk, acting as the election official for such special election (the "Election Official"), and all of the qualified electors within Improvement Area B may agree and consent. If the proposition to authorize the levy of the special tax pursuant to the Revised Improvement Area B Rate and Method receives the approval of more than two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied pursuant to the Revised Improvement Area B Rate and Method as provided for in this resolution. SECTION 5. BALLOT. The ballot proposal to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 06-1 (EASTLAKE - WOODS, VISTAS AND LAND SWAP) IMPROVEMENT AREA B Shall City of Chula Vista Community Facilities District No. 06-I (Eastlake - Woods, Vistas and Land Swap), subject to accountability measures set forth in the resolution forming Resolution 2003-195 Page 4 and establishing such community facilities district (the "Resolution of Formation"), be authorized to levy a special tax pursuant to the revised rate and method of apportionment as set forth in Resolution No. 2003-195 for the purposes of paying debt service on bonds of such district issued for Improvement Area B, replenishing the reserve fund for such bonds, paying costs of administering such indebtedness in such district and paying directly for the types of facilities described in the Resolution of Formation. SECTION 6. VOTE. The appropriate mark placed on the line before the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on the line before the word "NO" in the manner as authorized, shall be counted against the adoption of said proposition. SECTION 7. ELECTION PROCEDURE. The Election Official is hereby authorized to take any and all steps necessary for the holding of said election. Said Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of said election, and said services shall include, but not be limited to the following: A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of Improvement Area B. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election incurred as a result of services performed for the District and pay costs and expenses 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 law. Prepared by Approved as to form by City Attorney Resolution 2003~195 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of May, 2003, by the following vote: AYES: Councilmembers: Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis, Rindone ATI'EST: C~ Susan Bigelow, City Clerk 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. 2003-195 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of May, 2003. Executed this 13th day of May, 2003. Susan 15igelow, City Clerl~