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HomeMy WebLinkAboutReso 2003-232RESOLUTION NO. 2003-232 RESOLUTION OF THE CrrY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN DETERMINATIONS AND AUTHORIZING THE SUBMITTAL OF PROPOSED CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT biO. 07-M (EASTLAKE WOODS, VISTAS AND LAND SWAP) TO THE QUALIFIED ELECTORS THEREOF 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. 07-M (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 (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 Rate and Method"); and WHEREAS, subsequent to the formation of the District and such election, the EastLake Company ("EastLake"), the master developer of the property within Improvement Area No. 2 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. 2 Rate and Method of Apportionment (RMA); and WHEREAS, the City Council has adopted its Resolution No. 2003-149 declaring its intention to consider changes to the Existing Improvement Area No. 2 Rate and Method to authorize the levy of special taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 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 No. 2 Rate and Method"); and WHEREAS, notice of a public hearing to consider the authorization to levy the special taxes pursuant to the Revised Improvement Area No. 2 Rate and Method has been given in the form and manner required by the Community Facilities District Law; and [ Resolution 2003-232 Page 2 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 No. 2 of the District and/or property owners representing more than one-half (1/2) or more of the area of land within Improvement Area No. 2 of the District to the proposed changes to the Existing Improvement Area No. 2 Rate and Method; and WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote within Improvement Area No. 2 for each of the 90 preceding days, this legislative body desires to submit the question of authorizing the changes to the Existing Improvement Area No. 2 Rate and Method to the landowners of Improvement Area No. 2, 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. 07M (Eastlake - Woods, Vistas And Land Swap), does hereby resolve, declare, fred, 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 No. 2 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 No. 2 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 No. 2 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 No. 2 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 No. 2; 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 No. 2 pursuant to the Revised Improvement Area No. 2 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 No. 2 Rate and Method. SECTION 3. PROPOSED CHANGES TO THE EXISTING IMPROVEMENT AREA NO. 2 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 No. 2, changes to the Existing Improvement Area No. 2 Rate and Method to authorize the levy of special taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 Rate and Method for the purpose of financing the Special Tax Requirement as such term is defined in the Revised Improvement Area No. 2 RMA. Such special taxes shall be secured by Resolution 2003-232 Page 3 recordation of a continuing lien against ail non-exempt reai property within Improvement Area No. 2, shall be levied annually within Improvemem Area No. 2, and shall be collected in the same manner as ordinary ad valorem property taxes, or in such other manner at this City Council or its designee shall determine, including direct billing of the affected property owners. The Revised Improvement Area No. 2 Rate and Method shall provide that under no drcumstances will the speciai tax levied against any parcel used for private residentiai purposes be increased by more than 10% as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvemem Area No. 2. A parcel shail be considered "used for private residentiai purposes" not later than the date on which an occupancy permit or the equivaient for private residentiai use is issued for such parcel. The speciai taxes herein authorized shail be collected in the same manner as ad vaiorem property taxes and shail be subject to the same penaities, procedure, saie 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 aiternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shail 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 Speciai 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 reai property in Improvement Area No. 2 and this lien shail continue in force and effect until the speciai 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. SECTION4. SPECIAL TAX ACCOUNTABILITY MEASURES. Pursuant to and in compliance with the provisions of Govemmem Code Section 50075.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the speciai tax described in Section 3 above: Such speciai tax shall be levied for the specific purposes set forth in Section 3 above. The proceeds of the levy of such speciai tax shail be applied only to the specific applicable purposes set forth in Section 3 above. The District shall establish a separate account into which the proceeds of such speciai tax shail be deposited. Do The City Manager or his or her designee, acting for and on behalf of the District, shail annuaily file a report with the City Council as required pursuant to Government Code Section 50075.3. SECTION 5. ELECTION. The proposition to authorize the levy of speciai taxes within Improvement Area No. 2 pursuant to the Revised Improvement Area No. 2 Rate and Method shail be submitted to the quaiified electors of Improvement Area No. 2, 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 shail be held on June 3, 2003 or such other date as the City Clerk, acting as the election official for such speciai election (the "Election Official"), and ail of the quaiified electors within Improvement Area No. 2 may agree and consent. If the proposition to authorize the levy of the speciai tax pursuant to the Resolution 2003-232 Page 4 Revised Improvement Area No. 2 Rate and Method receives the approval of more than two-thirds of the votes cast on the proposition, the special tax may be levied pursuant to the Revised Improvement Area No. 2 Rate and Method as provided for in this resolution. SECTION 6. 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. 07M (EASTLAKE - WOODS, VISTAS AND LAND SWAP) IIVIPROVEMENT AREA NO. 2 Shall City of Chula Vista Community Facilities District No. 07M (Eastlake-Woods, Vistas and Land Swap), subject to accountability measures set forth in Resolution No. , be authorized to levy a special tax pursuant to the revised rate and method of apportionment as set forth in Exhibit A to such resolution for the purposes of for the purposes of financing the Special Tax Requirement as defined in the revised rate and method? SECTION 7. 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 8. 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: Prepare and furnish to the election officers 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. Co Furnish and address official ballots for the qualified electors of Improvement Area No. 2. D. Cause the official ballots to be mailed and/or delivered, as required by law. E. Receive the returns of the election. 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. Prepared by Resolution 2003-232 Page 5 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. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. 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 27th day of May, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, McCann, Rindone, Salas and Padilla None None 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. 2003-232 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of May, 2003. Executed this 27th day of May, 2003. Susan Bigelow, City Clerk