HomeMy WebLinkAboutOrd 2020-3492ORDINANCE NO. 3492
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 3375 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX IN IMPROVEMENT AREA NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
PURSUANT TO AN AMENDED RATE AND METHOD OF
APPORTIONMENT THEREOF
WHEREAS, the City Council (the “City Council”) of the City of Chula Vista (the “City”),
has initiated proceedings, held a public hearing, conducted an election and received a favorable
vote from the qualified electors authorizing the levy of special taxes in separate improvement areas
of a community facilities district, all as authorized 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.”) This community facilities district is designated as Community Facilities
District No. 16-I (Millenia) (the “District”) and the improvement areas therein are designated as
Improvement Area No. 1 and Improvement Area No. 2 (each, an “Improvement Area” or,
collectively, the “Improvement Areas”); and
WHEREAS, the City Council, acting as the legislative body of the District, previously
enacted Ordinance No. 3375 to authorize the levy of special taxes within each Improvement Area
pursuant to a separate rate and method of apportionment applicable to each respective
Improvement Area; and
WHEREAS, the City Council has subsequently modified the boundary of Improvement
Area No. 2 as shown on the amended boundary map of Improvement Area No. 2 and assessor’s
parcel list, a copy of which is attached as Exhibit A hereto and incorporated herein by this
reference; and
WHEREAS, the City Council has subsequently initiated proceedings, held a public
hearing, conducted an election and received a favorable vote from the qualified electors of
Improvement Area No. 2 authorizing the levy of special taxes therein pursuant to an amended and
restated rate and method of apportionment thereof (the “Amended Rate and Method”), a copy of
which is attached as Exhibit B hereto and incorporated herein by this reference; and
WHEREAS, it is necessary for the City Council to enact an ordinance to amended
Ordinance No. 3375 to enable the District to levy special taxes within Improvement Area No. 2
pursuant to the Amended Rate and Method.
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Ordinance No. 3492
Page No. 2
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16-I
(MILLENIA), DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy
of special taxes on taxable properties located in Improvement Area No. 2 of the District pursuant
to the Amended Rate and Method.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by resolution, to annually determine the special tax to be levied within
Improvement Area No. 2 for the then current tax year or future tax years; provided, however, the
special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant
to the Amended Rate and Method.
SECTION 3. The special taxes herein authorized to be levied within Improvement Area
No. 2, to the extent possible, 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; provided, however, the District may utilize a direct
billing procedure for any special taxes that cannot be collected on the County tax roll or may, by
resolution, elect to collect the special taxes at a different time or in a different manner if necessary
to meet its financial obligations.
SECTION 4. The special taxes authorized to be levied within Improvement Area No. 2
shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and
Highways Code of the State of California, which lien shall be a continuing lien and shall secure
each levy of the special taxes. The lien of the special taxes shall continue in force and effect until
the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section
53344 of the Government Code of the State of California or until the special tax ceases to be levied
by the City Council in the manner provided in Section 53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective upon its adoption, pursuant to Chula Vista
City Charter section 312(d)(3). Within fifteen (15) days after its adoption, the City Clerk shall
cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to
the provisions of Chula Vista’s City Charter, Section 312(b).
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Ordinance No. 3492
Page No. 3
Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Deputy City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of July 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3492 had its first reading at a regular meeting held on the 14th day of July 2020,
and its second reading and adoption at a regular meeting of said City Council held on the 28th day
of July 2020; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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8/8/2020
EXHIBIT A
IMPROVEMENT AREA NO. 2
ASSESSOR’S PARCEL NUMBER LIST
6430606900
6430651800
6430651900
6430652100
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A - 2
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EXHIBIT B
AMENDED AND RESTATED
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 16-I (MILLENIA)
IMPROVEMENT AREA NO. 2
A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area
No. 2 of Community Facilities District No. 16-I (Millenia) (“IA2”) and collected each Fiscal Year
commencing in Fiscal Year 2019-20, in an amount determined by the CFD Administrator through
the application of the procedures described below. All of the real property within IA2, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in
the manner herein provided.
1.DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of 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 Map. An Acre means 43,560 square feet of land. If the preceding maps for a
land area are not available, the Acreage of such land area shall be determined by the City Engineer.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5
of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expense Requirement” means an annual amount equal to $75,000, or such
lesser amount as may be designated by written instruction from an authorized representative of the
City to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal
Year for the payment of Administrative Expenses.
“Administrative Expenses” means the following actual or reasonably estimated costs related to
the administration of IA2 including, but not limited to: the costs of preparing and computing the
Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special
Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the
discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD
No. 16-I, or any designee thereof complying with arbitrage rebate requirements, including without
limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 16-
I, or any designee thereof complying with disclosure or reporting requirements of the City or CFD
No. 16-I, associated with applicable federal and State laws; the costs associated with preparing
Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes;
the costs to the City, CFD No. 16-I, or any designee thereof related to an appeal of the Special
Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses
shall also include amounts estimated or advanced by the City or CFD No. 16-I for any other
administrative purposes of CFD No. 16-I, including attorney’s fees and other costs related to
commencing and pursuing any foreclosure of delinquent Special Taxes.
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“Annual Special Tax” means the Special Tax actually levied in any Fiscal Year on any Assessor’s
Parcel.
“Assessor” means the Assessor of the County of San Diego.
“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned
Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor designating parcels by Assessor’s
Parcel Number.
“Assessor’s Parcel Number” means the number assigned to an Assessor’s Parcel by the County
for purposes of identification.
“Assigned Special Tax” means the Special Tax of that name described in Section 3.A below.
“Backup Special Tax” means the Special Tax of that name described in Section 3.B below.
“Bonds” means any bonds or other debt of CFD No. 16-I issued or incurred for IA2, whether in
one or more series, secured by the levy of Special Taxes.
“Building Permit” means a building permit for construction of a Residential Unit or non-
residential structure within IA2 issued by the City.
“Building Square Footage” means all of the square footage of living area within the perimeter of
a residential structure, not including any carport, walkway, garage, overhang, or similar area. The
determination of Building Square Footage shall be made by the CFD Administrator by reference
to the Building Permit(s) issued for such Assessor’s Parcel and/or by reference to appropriate
records kept by the City. Building Square Footage for a Residential Unit will be based on the
Building Permit(s) issued for such Residential Unit prior to it being classified as Occupied
Residential Property, and shall not change as a result of additions or modifications made to such
Residential Unit after such classification as Occupied Residential Property.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD Administrator” means an authorized representative of the City, or designee thereof,
responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax
roll and/or calculating the Backup Special Tax.
“CFD No. 16-I” means the Community Facilities District No. 16-I (Millenia).
“City” means the City of Chula Vista, California.
“City Council” means the City Council of the City acting as the legislative body of CFD No. 16-
I under the Act.
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“Condominium” means a unit, whether attached or detached, meeting the statutory definition of
a condominium contained in the California Civil Code Section 4285.
“County” means the County of San Diego, California.
“Debt Service” means for each Fiscal Year, the total amount of principal and interest payable on
any Outstanding Bonds during the Calendar Year commencing on January 1 of such Fiscal Year.
“Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Provisional
Property, for which a Building Permit was issued prior to March 1 of the previous Fiscal Year. An
Assessor’s Parcel classified as Developed Property but for which the Building Permit that caused
such Assessor’s Parcel to be classified as Developed Property has been cancelled and/or voided
prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified as
Undeveloped Property, provided that the levy of the Annual Special Tax after such reclassification
shall not be less than 1.1 times the annual Debt Service less Administrative Expenses on all
Outstanding Bonds. If Bonds have not been issued, an Assessor’s Parcel classified as Developed
Property for which such a Building Permit has been cancelled and/or voided shall be reclassified
as Undeveloped Property.
“Development Agreement” means that certain Development Agreement by and between the City
of Chula Vista and McMillin Otay Ranch LLC adopted October 6, 2009 and recorded with the
County of San Diego’s Recorder’s office on October 27, 2009 as Document Number 2009-
0595116, as may be amended and/or supplemented from time to time.
“Exempt Property” means for each Fiscal Year, all Assessor’s Parcels designated as being
exempt from Special Taxes pursuant to Section 5 below.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot
line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410
et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates
individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the period starting on July 1 and ending the following June 30.
“Fiscal Agent” means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement.
“Fiscal Agent Agreement” means the fiscal agent agreement, indenture, resolution or other
instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from
time to time, and any instrument replacing or supplementing the same.
“IA2” means Improvement Area No. 2 of CFD No. 16-I.
“Land Use Class” means any of the classes listed in Table 1 or 2 under Section 3A below.
Note: Land Uses Class is not in reference to a property’s zoning designation.
“Lot(s)” means an individual legal lot created by a Final Map for which a building permit for
residential construction has been or could be issued. Notwithstanding the foregoing, in the case
of an individual legal lot created by such a Final Map upon which Condomi niums are entitled to
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be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup
Special Tax applicable to such Final Map shall equal the number of Condominiums which are
permitted to be constructed on such legal lot as shown on such Final Map.
“Master Developer” means SLF IV-Millenia, LLC or its successors or assignees as defined in
the Development Agreement.
“Maximum Special Tax” means for each Assessor’s Parcel, the maximum Special Tax,
determined in accordance with Sections 3.C and 3.D below, which may be levied in a given Fiscal
Year on such Assessor’s Parcel of Taxable Property.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a
Building Permit has been issued for the purpose of constructing one or more non-residential units
or structures.
“Occupied Residential Property” means all Assessor Parcels of Residential Property for which
title is held by an end user (homeowner).
“Outstanding Bonds” means all Bonds which are deemed to be outstanding under the Fiscal
Agent Agreement.
“Prepayment Amount” means the amount required to prepay the Special Tax Obligation in full
for an Assessor’s Parcel as described in Section 8.A below.
“Property Owner Association Property” means any Assessor’s Parcel within the boundaries of
IA2 owned in fee by a property owner association, including any master or sub-association.
“Proportionately” or “Proportionate” means for Developed Property, that the ratio of the actual
Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all
Assessor’s Parcels of Developed Property. For Undeveloped Property, “Proportionately” means
that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is
equal for all Assessor’s Parcels of Undeveloped Property. “Proportionately” may similarly be
applied to other categories of Taxable Property as listed in Section 3 below.
“Provisional Property” means all Assessor’s Parcels of Public Property, Property Owner
Association Property or property that would otherwise be classified as Exempt Property pursuant
to the provisions of Section 5, but cannot be classified as Exempt Property because to do so would
reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section 5.
“Public Property” means any property within the boundaries of IA2, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County,
the City or any other public agency; provided however that any property owned by a public agency
and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be
taxed and classified in accordance with its use.
“Residential Property” means all Assessor’s Parcels of Developed Property for which a Building
Permit has been issued for the purpose of constructing one or more Residential Units.
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“Residential Unit” means each separate residential dwelling unit that comprises an independent
facility capable of conveyance or rental, separate from adjacent residential dwelling units.
“Special Tax” means any special tax levied within IA2 pursuant to the Act and this Amended and
Restated Rate and Method of Apportionment of Special Tax.
“Special Tax Obligation” means the total obligation of an Assessor’s Parcel of Taxable Property
to pay the Special Tax for the remaining life of IA2.
“Special Tax Requirement” means that amount required in any Fiscal Year to: (i) pay regularly
scheduled Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding
Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding
Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish
any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition
or construction of facilities provided that the inclusion of such amount does not cause an increase
in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated
delinquent Special Taxes based on (a) the average delinquency rate for special taxes levied in the
previous Fiscal Year in all community facilities districts within the portion of the City commonly
known as Otay Ranch for the first Fiscal Year in which Special Taxes are levied and (b) the
delinquency rate for Special Taxes levied in the previous Fiscal Year within IA2 for all subsequent
Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available to reduce the
Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent
Agreement.
“State” means the State of California.
“Taxable Property” means all of the Assessor’s Parcels within the boundaries of CFD, which are
not exempt from the levy of the Special Tax pursuant to law or Section 5 below.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as
Developed Property or Provisional Property.
“Zone A” means the specific geographic area designated as such within IA2 and as depicted in
Exhibit A attached hereto.
“Zone B” means the specific geographic area designated as such within IA2 and as depicted in
Exhibit A attached hereto.
2.LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2019-20, each Assessor’s Parcel within IA2 shall be
classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further
be classified as Developed Property, Undeveloped Property or Provisional Property, and all such
Taxable Property shall be subject to the levy of Special Taxes in accordance with this Amended
and Restated Rate and Method of Apportionment of Special Tax determined pursuant to Sections
3 and 4 below. Furthermore, each Assessor’s Parcel of Developed Property shall be classified
according to its applicable Land Use Class based on its Building Square Footage.
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For Assessor’s Parcels of Non-Residential Property developed with Condominiums (e.g., office or
industrial condos), the Acreage applicable to each such Condominium for purposes of levying
Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon
which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to
each Condominium on a pro-rata basis using the building square footage of such Condominium
relative to the total building square footage of all Condominiums entitled to be developed on such
lot. The determination of Building Square Footage for each non-residential Condominium shall
be made by reference to the applicable Building Permit, and to the extent a Building Permit has
not been issued for all Condominiums to be located on the applicable legal lot, the Building Square
Footage attributable to any such Condominiums shall be determined from the recorded
condominium plan, or applicable site plan, plot plan, or other appropriate records kept by the City
as reasonably determined by the CFD Administrator. In the event the City takes ownership of a
Condominium within IA2 and such property in all other respects meets the definition of Public
Property as set forth in Section 1, such property shall be exempt from Special Taxes pursuant to
Section 5.
In the event a Building Permit is issued for one or more residential Condominiums prior to March
1 of the previous Fiscal Year and an Assessor’s Parcel Number has not yet been assigned to each
such Condominium for the current Fiscal Year, the applicable Assessor’s Parcel may be classified
as both Developed Property and Undeveloped Property. In such an instance, the Special Taxes
levied on such Assessor’s Parcel shall be the sum of the amount derived from the following (i)
applying the Assigned Special Tax applicable to each Condominium for which a Building Permit
was issued prior to March 1 of the previous Fiscal Year and (ii) levying the acreage allocable to
such actual or planned Condominiums for which a Building Permit has not been issued prior to
March 1 of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be
computed on a pro-rata basis based on the relative number of remaining Condominiums to the total
number of Condominiums entitled to be developed on such Assessor’s Parcel. The total number
of Condominiums entitled to be developed on the applicable Assessor’s Parcel shall be determined
from the recorded condominium map, condominium plan, applicable site plan, plot plan, or other
appropriate records kept by the City as reasonably determined by the CFD Administrator.
3.SPECIAL TAX RATES
A. Assigned Special Tax for Developed Property
The Assigned Special Tax applicable to an Assessor’s Parcel classified as Developed
Property commencing Fiscal Year 2019-20 shall be determined pursuant to Table 1 or 2
below, as applicable.
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Table 1
Assigned Special Tax Rates for
Developed Property within Zone A
Land Use
Class
Land Use
Type
Building Square
Footage
Assigned
Special Tax
1 Residential Property ≤ 1,450 $1,443.24 per
Residential Unit
2 Residential Property > 1,450 $1,727.65 per
Residential Unit
3 Non-Residential
Property N/A $6,367.25 per Acre
Table 2
Assigned Special Tax Rates for
Developed Property within Zone B
Land Use
Class
Land Use
Type
Building Square
Footage
Assigned
Special Tax
1 Residential Property N/A $6,367.25 per Acre
2 Non-Residential
Property N/A $6,367.25 per Acre
On each July 1, commencing July 1, 2020, the Assigned Special Tax for Developed
Property shall be increased by two percent (2.00%) of the amount in effect in the prior
Fiscal Year.
B. Backup Special Tax for Developed Property
When a Final Map or a condominium plan is recorded within Zone A or Zone B the Backup
Special Tax for Assessor’s Parcels of Developed Property classified as Residential
Property shall be determined as follows:
Zone A
For each Assessor’s Parcel of Residential Property or for each Assessor’s Parcel of
Undeveloped Property to be classified as Residential Property upon its development within
the Final Map area in Zone A, the Backup Special Tax for Fiscal Year 2019-20 shall be the
rate per Lot calculated according to the following formula:
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Zone A
$42,148 x A
B = ------------------------
L
The terms have the following meanings:
B = Backup Special Tax per Lot
A = Acreage classified or to be classified as Residential Property in such Final
Map. The land area applicable to a Condominium shall be computed from
the Acreage of the Lot on which the Condominium is located, with the
Acreage for such Lot allocated equally among all of the Condominiums
located or to be located on such Lot.
L = For a Final Map, the number of Lots which are classified or to be classified
as Residential Property.
Zone B
For each Assessor’s Parcel of Developed Property classified as Non-Residential Property
or for each Assessor’s Parcel of Undeveloped Property to be classified as Non-Residential
Property within the Final Map area, the Backup Special Tax for Fiscal Year 2019-20 shall
be determined by multiplying $42,148 for Zone A and $7,075 for Zone B by the total
Acreage of any such Assessor’s Parcel. For each Assessor’s Parcel of Developed Property
classified as Residential Property or for each Assessor’s Parcel of Undeveloped Property
to be classified as Residential Property in Zone B within the Final Map area, the Backup
Special Tax for Fiscal Year 2019-20 shall be determined by multiplying $7,075 by the total
Acreage of any such Assessor’s Parcel.
Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property, Non-
Residential Property or Undeveloped Property for which the Backup Special Tax has been
determined are subsequently changed or modified by recordation of a new or amended
Final Map, then the Backup Special Tax applicable to such Assessor’s Parcels shall be
recalculated to equal the total amount of Backup Special Tax that would have been
generated if such change did not take place.
On each July 1, commencing July 1, 2020, the Backup Special Tax applicable to each
Assessor’s Parcel of Taxable Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
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C. Maximum Special Tax for Developed Property
Each Fiscal Year, the Maximum Special Tax for an Assessor’s Parcel of Developed
Property shall be the greater of the applicable Assigned Special Tax or Backup Special
Tax.
D. Maximum Special Tax for Provisional Property and Undeveloped Property
The Maximum Special Tax for Provisional Property and Undeveloped Property
commencing in Fiscal Year 2019-20 shall be $42,148 per Acre for Zone A and $7,075 per
Acre for Zone B.
On each July 1, commencing July 1, 2020, the Maximum Special Tax for Provisional
Property and Undeveloped Property shall be increased by two percent (2.00%) of the
amount in effect in the prior Fiscal Year.
E. 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 only be levied on the Residential Property Land Use Class located on such
Assessor’s Parcel.
F. Administrative Special Tax Reduction
Prior to the issuance of Bonds, the Assigned Special Tax, Backup Special Tax, and
Maximum Special Tax (collectively the “Special Tax Rates”) on Taxable Property may be
reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon
the City’s receipt of a written request from Master Developer and the CFD Administrator,
the Special Tax Rates on Taxable Property may be reduced to a level which will provide
not less than the sum of estimated Administrative Expense Requirement and one hundred
ten percent (110%) of the estimated debt service with respect to the amount of Bonds
requested to be issued in such written request. If it is reasonably determined by the CFD
Administrator that the total effective tax rate on Residential Property, as determined in
accordance with the Development Agreement, exceeds the maximum level allowed in the
Development Agreement, the Special Tax Rates may be reduced to the amount necessary
to satisfy the maximum allowable effective tax rate requirement on Residential Property
with the written consent of Master Developer, which consent shall not be unreasonably
withheld, and the CFD Administrator. It shall not be required that reductions among each
“Building Square Footage” range of Residential Property be proportional. Additionally,
the “CFD Public Facilities Costs” amount in Section 8 shall be reduced commensurate with
any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably
determined by the CFD Administrator. A certificate in substantially the form attached
hereto as Exhibit “B” shall be used for purposes of evidencing the required written consent
and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant
to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the
City shall cause to be recorded.
Ordinance No. 3492
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4.METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2019-20, the CFD Administrator shall levy the
Special Tax on all Taxable Property in accordance with the following steps:
Step 1: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of
Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the
Special Tax Requirement;
Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step
1 has been completed, the Special Tax shall be levied Proportionately on each Assessor’s
Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped
Property;
Step 3: If additional monies are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax amount determined in Step 1
shall be increased Proportionately on each Assessor’s Parcel of Developed Property up to
100% of the Maximum Special Tax for Developed Property;
Step 4: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessor’s Parcel of Provisional Property up to 100% of the Maximum Special
Tax for Provisional Property.
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year
against any Assessor’s Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased as a result of a delinquency or default in the payment
of the Special Tax applicable to any other Assessor’s Parcel within IA2 by more than ten percent
(10%) above what would have been levied in the absence of such delinquencies or defaults.
5.EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor’s Parcels of Public
Property, (ii) Assessor’s Parcels of Property Owner Association Property, (iii) Assessor’s Parcels
which are used as places of worship and are exempt from ad valorem property taxes because they
are owned by a religious organization, and (iv) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement, provided
that no such classification would reduce the sum of all Taxable Property in IA2 to less than 13.29
Acres for Zone A or 7.51 Acres for Zone B. Assessor’s Parcels which cannot be classified as
Exempt Property because such classification would reduce the sum of all Taxable Property in IA2
to less than 13.29 Acres for Zone A or 7.51 Acres for Zone B, shall be classified as Provisional
Property and will continue to be subject to the IA2 Special Taxes accordingly. Tax exempt status
for the purpose of this paragraph will be assigned by the CFD Administrator in the chronological
order in which property becomes eligible for classification as Exempt Property.
If the use of an Assessor’s Parcel of Exempt Property changes so that such Assessor’s Parcel is no
longer classified as one of the uses set forth in the first paragraph of Section 5 above that would
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make such Assessor’s Parcel eligible to be classified as Exempt Property, such Assessor’s Parcel
shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
6.APPEALS
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his
or her Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such
error not later than thirty-six (36) months after first having paid the first installment of the Special
Tax that is disputed. If following such consultation the CFD Administrator determines that an
error has occurred, then the CFD Administrator shall take any of the following actions, in order of
priority, in order to correct the error:
(i) Amend the Special Tax levy on the landowner’s Assessor’s Parcel(s) for the current
Fiscal Year prior to the payment date,
(ii) Require the CFD to reimburse the landowner for the amount of the overpayment to
the extent of available CFD funds, or
(iii) Grant a credit against, eliminate or reduce the future Special Taxes on the
landowner’s Assessor’s Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such
error still exists, such person may file a written notice of appeal with the City Council. Upon the
receipt of such notice, the City Council or designee may establish such procedures as deemed
necessary to undertake the review of any such appeal. If the City Council or designee determines
an error still exists, the CFD Administrator shall take any of the actions described as (i), (ii) and
(iii) above, in order of priority, in order to correct the error.
The City Council or designee thereof shall interpret this Amended and Restated Rate and Method
of Apportionment of Special Tax for purposes of clarifying any ambiguities and make
determinations relative to the administration of the Special Tax and any landowner appeals. The
decision of the City Council or designee shall be final and binding as to all persons.
7.COLLECTION OF SPECIAL TAXES
Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary
ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same
penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided,
however, that the City Council may provide for (i) other means of collecting the Special Tax,
including direct billings thereof to the property owners; and (ii) judicial foreclosure of delinquent
Annual Special Taxes.
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8.PREPAYMENT OF SPECIAL TAX OBLIGATION
A. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash
settlement with the City as permitted under Government Code Section 53344. The
following definitions apply to this Section 8:
“CFD Public Facilities Costs” means $11,500,000 or such lower number as (i) shall be
determined by the CFD Administrator as sufficient to acquire or construct the facilities to
be financed under the Act and financing program for IA2, or (ii) shall be determined by
the City Council concurrently with a covenant that it will not issue any more Bonds (except
refunding bonds).
“Construction Fund” means the fund (regardless of its name) established pursuant to the
Fiscal Agent Agreement to hold funds, which are currently available for expenditure to
acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-I for
IA2.
“Future Facilities Costs” means the CFD Public Facilities Costs minus (i) costs
previously paid from the Construction Fund to acquire or construct the facilities,
(ii) monies currently on deposit in the Construction Fund, and (iii) monies currently on
deposit in an escrow or other designated fund that are expected to be available to finance
CFD Public Facilities Costs.
“Outstanding Bonds” means all Previously Issued Bonds, which remain outstanding as
of the first interest and/or principal payment date following the current Fiscal Year
excluding Bonds to be redeemed at a later date with proceeds of prior Special Tax
prepayments.
“Previously Issued Bonds” means all Bonds that have been issued prior to the date of
prepayment.
The Special Tax Obligation applicable to an Assessor’s Parcel of Developed Property, or
Undeveloped Property for which a Building Permit has been issued may be prepaid and
the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as
described herein, provided that a prepayment may be made with respect to a particular
Assessor’s Parcel only if there are no delinquent Special Taxes with respect to such
Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel eligible to
prepay the Special Tax Obligation shall provide the CFD Administrator with written notice
of intent to prepay, and designate or identify the company or agency that will be acting as
the escrow agent, if any. The CFD Administrator shall provide the owner with a statement
of the Prepayment Amount for such Assessor’s Parcel within thirty (30) days of the request,
and may charge a reasonable fee for providing this service. Prepayment must be made at
least 60 days prior to any redemption date for the Bonds to be redeemed with the proceeds
of such prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agent and
the City.
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The Prepayment Amount (defined below) shall be calculated for each applicable
Assessor’s Parcel or group of Assessor’s Parcels as summarized below (capitalized terms
as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Prepayment Amount
plus Defeasance Amount
plus Prepayment Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below)
shall be calculated as follows:
Step No.:
1.Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2.For Assessor’s Parcels of Developed Property, determine the Maximum Special
Tax. For Assessor’s Parcels of Undeveloped Property for which a Building Permit
has been issued, compute the Maximum Special Tax for that Assessor’s Parcel as
though it was already designated as Developed Property, based upon the Building
Permit which has already been issued for that Assessor’s Parcel.
3.Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total
expected Maximum Special Tax revenue for IA2 assuming all Building Permits
have been issued (build-out) within IA2, excluding any Assessor’s Parcels for
which the Special Tax Obligation has been previously prepaid.
4.Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds
and round that number up to the nearest $5,000 increment to compute the amount
of Outstanding Bonds to be retired and prepaid for all applicable Assessor’s Parcels
(the “Bond Redemption Amount”).
5.Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the
applicable redemption premium (expressed as a percentage), if any, on the
Outstanding Bonds to be redeemed at the first available call date (the “Redemption
Premium”).
6.Compute the Future Facilities Costs.
7.Multiply the quotient computed pursuant to paragraph 3 by the amount determined
pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be
prepaid (the “Future Facilities Prepayment Amount”).
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8.Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal
Year until the expected redemption date for the Outstanding Bonds which,
depending on the Fiscal Agent Agreement, may be as early as the next interest
payment date.
9.Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Future Facilities Prepayment
Amount and the Prepayment Administrative Fees from the date of prepayment until
the redemption date for the Outstanding Bonds to be redeemed with the
prepayment.
10.Subtract the amount computed in paragraph 9 from the amount computed in
paragraph 8 (the “Defeasance Amount”).
11.Calculate the administrative fees and expenses of CFD No. 16-I for IA2, including
the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the
prepayment, and the costs of recording any notices to evidence the prepayment and
the redemption (the “Prepayment Administrative Fees”).
12.If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the
reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment
calculation date, a reserve fund credit shall be calculated as a reduction in the
applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the
prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted
if, after the Prepayment Amount is calculated, reserve funds are below 100% of the
reserve requirement after taking into account such prepayment.
13.If any capitalized interest for the Outstanding Bonds will not have been expended
at the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 3 by the expected balance in the capitalized
interest fund after such first interest and/or principal payment (the “Capitalized
Interest Credit”).
14.The amount to prepay the Special Tax Obligation is equal to the sum of the amounts
computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed
pursuant to paragraphs 12 and 13 (the “Prepayment Amount”).
15.From the Prepayment Amount, the sum of the amounts computed pursuant to
paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12 and
13 shall be deposited into the appropriate fund as established under the Fiscal Agent
Agreement and be used to retire Outstanding Bonds or make Debt Service
payments. The amount computed pursuant to paragraph 7 shall be deposited into
the Construction Fund. The amount computed pursuant to paragraph 11 shall be
retained by CFD No. 16-I.
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The Prepayment Amount may be sufficient to redeem an amount other than a $5,000
increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof
will be retained in the appropriate fund established under the Fiscal Agent Agreement to
redeem Bonds to be used with the next prepayment of Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been
paid in full. With respect to any Assessor’s Parcel for which the Special Tax Obligation is
prepaid in full, once the CFD Administrator has confirmed that all previously levied
Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded
in compliance with the Act, to indicate the prepayment of the Special Tax Obligation and
the release of the Special Tax lien on such Assessor’s Parcel, and the obligation of the
owner of such Assessor’s Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
aggregate amount of Maximum Special Taxes less the Administrative Expense
Requirement that may be levied on Taxable Property, respectively, after the proposed
prepayment is at least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal
Year.
B. Partial Prepayment
The Special Tax on an Assessor’s Parcel of Developed Property or Undeveloped Property
for which a Building Permit has been issued may be partially prepaid. The amount of the
prepayment shall be calculated as in Section 8.A.; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE-A) x F+A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 8.A
F = the percentage by which the owner of the Assessor’s Parcel(s) is
partially prepaying the Special Tax Obligation
A = the Prepayment Administrative Fees and Expenses from Section 8.A
The owner of any Assessor’s Parcel who desires such partial prepayment shall notify the
CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax
Obligation, (ii) the percentage by which the Special Tax Obligation shall be prepaid, and
(iii) the company or agency that will be acting as the escrow agent, if any. The CFD
Administrator shall provide the owner with a statement of the amount required for the
partial prepayment of the Special Tax Obligation for an Assessor’s Parcel within sixty (60)
days of the request and may charge a reasonable fee for providing this service.
With respect to any Assessor’s Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Section 8.A., and (ii) indicate in the records of CFD
No. 16-I for IA2 that there has been a partial prepayment of the Special Tax Obligation and
that a portion of the Special Tax with respect to such Assessor’s Parcel, equal to the
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outstanding percentage (1.00 - F) of the Maximum Special Tax, shall continue to be levied
on such Assessor’s Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate
amount of Maximum Special Taxes less the Administrative Expense Requirement that may
be levied on Taxable Property, respectively, after the proposed partial prepayment is at
least 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year.
9.TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in
any event not after Fiscal Year 2059-60.
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EXHIBIT A
Ordinance No. 3492
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EXHIBIT B
CITY OF CHULA VISTA AND CFD NO. 16-I CERTIFICATE
1.Pursuant to Section 3F of the Amended and Restated Rate and Method of Apportionment
of Special Tax (the “RMA”), the City of Chula Vista (the “City”) and Community Facilities
District No. 16-I of the City of Chula Vista (“CFD No. 16-I”) hereby agree to a reduction
in the Special Tax for Developed Property, Undeveloped Property, and/or Provisional
Property:
(a)The information in the RMA relating to the Special Tax for Developed Property,
Undeveloped Property, and Provisional Property shall be modified as follows:
[insert Table 1 and/or 2 showing revised Assigned Special Tax rates for Developed
Property, insert revised Backup Special Tax rates for Developed Property by Zone, and insert
change to Maximum Special Tax rates for Undeveloped Property and Provisional Property by
Zone]
(b) The CFD Public Facilities Costs in Section 8 shall be changed to $____________.
2.Special Tax rates for Taxable Property may only be modified prior to the issuance of
Bonds.
3.Upon execution of the Certificate by the City and CFD No. 16-I the City shall cause an
amended Notice of Special Tax Lien for IA2 to be recorded reflecting the modifications
set forth herein.
By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD
No. 16-I, receipt of this Certificate and modification of the RMA as set forth in this Certificate.
CITY OF CHULA VISTA
By:
CFD Administrator
Date:
COMMUNITY FACILITIES DISTRICT
NO. 16-I
OF THE CITY OF CHULA VISTA
By:
Date:
Ordinance No. 3492
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