HomeMy WebLinkAboutReso 2020-220RESOLUTION NO. 2020-220
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA “C”
THERETO
(ANNEXATION NO. 11)
WHEREAS, the City Council of the City of Chula Vista, California, (“City Council”),
formed a Community Facilities District and designated certain improvement areas therein 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”). The Community Facilities Dis trict has been
designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT) (the “District”) and the Improvement Areas were designated as IMPROVEMENT
AREA “A,” IMPROVEMENT AREA “B” and IMPROVEMENT AREA “C” of such District;
and
WHEREAS, the District was formed for the purpose of financing the monitoring,
maintenance, operation and management of public property required to be maintained as open
space or habitat preservation or both; and
WHEREAS, Improvement Area “C” was established to finance Preserve Operations and
Maintenance and Resource Monitoring, plus a pro-rata share of Administrative Expenses of the
District as such terms are defined in the rate and method of apportionment of special taxes (the
“Improvement Area “C” Rate and Method”) attached as Exhibit A hereto and incorporated herein
by this reference; and
WHEREAS, certain territory known as Bonita Glen located within the Otay Ranch is
proposed to be annexed to the District and Improvement Area “C” thereto and such territory shall
be known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), IMPROVEMENT AREA “C,” ANNEXATION NO. 11 (the
“Territory”); and
WHEREAS, this legislative body now desires to proceed to adopt its Resolution of
Intention to annex the Territory to Improvement Area “C,” to describe the territory included within
Improvement Area “C” and the Territory proposed to be annexed thereto, to specify the services
to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify
the special taxes that would be levied within the Territory to finance such services, and to set a
time and place for a public hearing relating to the annexation of the Territory to the Improvement
Area “C”; and
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WHEREAS, a map showing the Territory proposed to be annexed has been submitted,
which map has been previously approved, and a copy of the map shall be kept on file with the
transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it declares its intention to authorize the annexation of territory to Community Facilities District
No. 97-2 (Preserve Maintenance District) and Improvement Area “C” thereto.
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Legal Authority. These proceedings for annexation are initiated by
this City Council pursuant to the authorization of the Community Facilities District Law.
SECTION 3. Intent to Annex; Description of Territory. This legislative body
hereby determines that the public convenience and necessity requires that the Territory be added
to the District and Improvement Area “C” thereto and this City Council declares its intention to
annex the Territory to the District and Improvement Area “C” thereto.
A description of the boundaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to the District and
Improvement Area “C” thereto, as such property is shown on a map
as previously approved by this legislative body, such map entitled
“Annexation Map No. 11 City of Chula Vista Community Facilities
District No. 97-2 (Preserve Maintenance District), Improvement
Area “C”, City of Chula Vista, County of San Diego, State of
California” (the “Annexation Map”), a copy of which is on file in
the Office of the City Clerk and shall remain open for public
inspection.
A general description of the territory included in the District is hereinafter described as
follows:
All that property and territory as originally included within and
previously annexed to the District and Improvement Area “C”
thereto, as such property is shown on maps of the original District
and territory previously annexed as approved by this City Council
and designated by the name of the original District and Annexation
Nos. 1 through 11. A copy of such maps are on file in the Office of
the City Clerk and have also been filed in the Office of the County
Recorder.
SECTION 4. Name. The proposed annexation shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT),
IMPROVEMENT AREA “C,” ANNEXATION NO. 11.
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SECTION 5. Services Authorized to be Financed by the District. The services
that are authorized to be financed by the District from the proceeds of special taxes levied within
Improvement Area “C” are certain services which are in addition to those provided in or required
for the territory within Improvement Area “C” and will not be replacing services already available.
A general description of such services to be financed by the District is as follows:
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which
conforms to the requirements of the Ordinance or private property
within the Otay Ranch Preserve which is required by the Preserve
Owner/Manager to be maintained as open space or for habitat
maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property owned,
maintained, operated and/or managed by the federal and/or state
government as open space, habitat maintenance and/or for any other
purpose.
A more complete description of such services may be found in Attachments A and B to the
Improvement Area “C” Rate and Method (defined in Section 6 below).
The District shall finance all direct, administrative and incidental annual costs and expenses
necessary to provide such monitoring, maintenance, operation and management of such public
property.
The same types of services which are authorized to be financed by the District from the proceeds
of special taxes levied within Improvement Area “C” are the types of services to be provided in
the Territory. If and to the extent possible such services shall be provided in common within the
District and the Territory.
SECTION 6. Special Taxes. It is the further intention of this City Council that,
except where funds are otherwise available, a special tax sufficient to pay for such services and
related incidental expenses authorized by the Community Facilities District Law, secured by
recordation of a continuing lien against all non-exempt real property in the Territory, will be levied
annually within the boundaries of such Territory. For further particulars as to the rate and method
of apportionment of the proposed special tax, reference is made to the attached and in corporated
Exhibit “A” (the “Improvement Area ‘C’ Rate and Method”), which sets forth in sufficient detail
the method of apportionment to allow each landowner or resident within the proposed Territory to
clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special tax levied
to pay for the same services in Improvement Area “C,” except that a higher or lower special tax
may be levied within the Territory to the extent that the actual cost of providing the services in the
Territory is higher or lower than the cost of providing those services in Improvement Area “C.”
Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the
maximum special tax authorized to be levied pursuant to the Improvement Area “C” Rate and
Method.
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The special taxes herein authorized, 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. Any special taxes that may
not be collected on the County tax roll shall be collected through a direct billing procedure by the
Treasurer.
The maximum special tax rate in Improvement Area “C” shall not be increased as a result of the
annexation of the Territory to Improvement Area “C.”
SECTION 7. Public Hearing. NOTICE IS GIVEN THAT ON NOVEMBER 3,
2020, AT THE HOUR OF 5:00 PM IN THE REGULAR MEETING PLACE OF THE
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE,
CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS
LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION
OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA “C” THERETO,
THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO
BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN
THIS RESOLUTION OF INTENTION. PURSUANT TO THE CALIFORNIA GOVERNOR’S
EXECUTIVE ORDER N-29-20 AND THE CITY OF CHULA VISTA DIRECTOR OF
EMERGENCY SERVICES’ EMERGENCY ORDER 002-B-2020, IN THE INTEREST OF THE
PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY
PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH
THE ORDERS, THE PUBLIC MAY BE LIMITED TO VIEWING AND PARTICIPATING IN
THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL
CHAMBERS.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR
OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL
TAXES WITHIN THE TERRITORY WILL BE RECEIVED.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY
OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY OR
ELECTRONICALLY IN THE MANNER PROVIDED ON THE MEETING AGENDA BY ANY
INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY
SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE.
ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE
TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN
AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR
OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL
TAXES WITHIN THE TERRITORY WILL BE HEARD.
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AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY
OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY
ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY
SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE.
ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE
TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN
AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
SECTION 8. Majority Protest. If (a) 50% or more of the registered voters, or six
(6) registered voters, whichever is more, residing within Improvement Area “C” of the District,
(b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing
within the Territory, (c) owners of one-half or more of the area of land in the territory included in
Improvement Area “C” of the District, or (d) owners of one-half or more of the area of land
included in the Territory, file written protests against the proposed annexation of the Territory to
the District in the future and such protests are not withdrawn so as to reduce the protests to less
than a majority, no further proceedings shall be undertaken for a period of one year from the date
of the decision by the City Council on the issue discussed at the public hearing.
SECTION 9. Election. Upon the conclusion of the public hearing, if the legislative
body determines to proceed with the annexation of the Territory, a proposition shall be submitted
to the qualified electors of the Territory. The vote shall be by registered voters within the Territory;
provided, however, if there are less than 12 registered voters, the vote shall be by landowners, with
each landowner having one vote per acre or portion thereof within the Territory.
SECTION 10. Notice. Notice of the time and place of the public hearing shall be
given by the City Clerk by publication in the legally designated newspaper of general circulation,
said publication pursuant to Section 6061 of the Government Code, with said publication to be
completed at least seven (7) days prior to the date set for the public hearing.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of September 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
Resolution No. 2020-220 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 22nd day of September 2020.
Executed this 22nd day of September 2020.
Kerry K. Bigelow, MMC, City Clerk
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EXHIBIT A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA “C”
A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of the
City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area “C” of
the CFD and collected each Fiscal Year commencing with Fiscal Year 2021-22 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 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 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,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City, 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 general
administrative overhead related thereto, and the fees of consultants 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 Area “C” 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.
"Building Square Foot or Square Footage" means the square footage as shown on an Assessor’s
Parcel’s building permit of Residential Property excluding garages or other structures not used as
living space.
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"CFD Administrator" means an official 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. 97-2 of the City of Chula Vista.
"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 Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor’s Parcels
which are classified as community purpose facilities and meet the requirements of City of Chula
Vista Ordinance No. 2883.
"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 all Taxable Property for which a building permit was issued prior
to the March 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential lot or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-residential
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 following June 30.
"Improvement Area C" or "Area C" means Improvement Area “C” of the CFD, as identified
on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C below that may be levied in any Fiscal Year on any Assessor’s Parcel of Taxable
Property.
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"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 that shall be maintained within the CFD for each Fiscal Year to
pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and
Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the
preceding Fiscal Year.
"Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource
Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement
for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in Attachment A
hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an
amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata share
of the budgeted Administrative Expenses of the District for the current Fiscal Year in which
Special Taxes are levied.
"Property Owner Association Property" means any property within the boundaries of Area “C”
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.
"Public Property" means any property within the boundaries of Area “C” of the CFD that is, at
the time of the CFD 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 the CFD each Fiscal Year to provide
necessary cash flow for the first six months of each Fiscal Year, working capital to cover
monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the
preceding Fiscal Year.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund
Requirement for any Fiscal Year.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building
permit(s) has been issued for purposes of constructing one or more residential dwelling unit.
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"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management Plan also
referred to as “The Otay Ranch Resource Management Plan” dated October 28, 1993, and the Otay
Ranch Phase 2, Resource Management Plan dated June 22, 2018, as both such plans may be
amended from time to time.
"Resource Monitoring Program" means those described in Attachment B hereto which is
incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each
Improvement Area equal to the Improvement Area’s fair share of the budgeted costs of the
Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of
the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area “C’s”
“fair share” shall be based on Improvement Area “C’s” percentage of the total acreage within the
Otay Ranch General Development Plan Planning Area for which a Resource Monitoring Program
funding mechanism has been established.
"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 Area “C” to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area “C” to: (i)
pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance Fund
Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to establish or
replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated
delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous
Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area “C” of the
CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property.
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Annexation No. 11 of
Area “C” of the CFD shall be classified as Category I, Category II, Category III or Exempt.
Developed Property, Final Map Property or Undeveloped Property, and shall be subject to Special
Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to a
Land Use Class as specified in Table 1.
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C. MAXIMUM SPECIAL TAX RATES
Category I
Category I includes Developed Property within the District (“Category I”).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance
for Fiscal Year –2020-2021 on Developed Property are the rates set forth in Table 1 below. For
Residential Property, the Special Tax shall be levied based upon Buildin g Square Footage and for
Non-Residential Property shall be levied based on Acreage.
TABLE 1
Maximum Special Tax for Category I
Community Facilities District No. 97-2
Improvement Area “C”
(Fiscal Year 2020-2021)
Description Resource
Monitoring
Operation &
Maintenance
Total
Residential $0.0084/sq ft $0.0134 sq ft $0.0218/sq ft
Non-
Residential
$136.67/acre
$216.97/acre
$353.64/acre
Category II
Category II includes each Assessor’s Parcel of Taxable Property within the District for which a
Final Map has been recorded, but which is not classified as a Developed Parcel (“Category II”).
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance
approved for Fiscal Year –2020-2021 on each Assessor’s Parcel in Category II is the rate set forth
in Table 2 below (said amount to be levied pro rata for any portion of an Acre).
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TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area “C”
(Fiscal Year –2020-2021)
Resource
Monitoring
Operation &
Maintenance
Total
$136.67/acre $216.97/acre $353.64/acre
Category III
Category III includes each Parcel of Taxable Property within the District not subject to Special
Tax under any other category (“Category III”).
The Maximum Special Tax approved for Fiscal Year –2020-2021 on Taxable Property within
Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any portion
of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area “C”
(Fiscal Year 2020-2021)
Resource
Monitoring
Operation &
Maintenance
Total
$88.21/acre $140.04/acre $228.25/acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered for
dedication to a public agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement impractical,
common areas, private streets and parks, and open space lots (“Exempt Category”).
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 Area “C” shall be increased each Fiscal Year beginning in Fiscal Year 2021-2022 and
thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area
all Urban Consumer Price Index (All Items).
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D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2021-2022, and for each following Fiscal Year, the Council shall
levy the Area “C” Special Tax at the rates established pursuant to steps 1 through 4 below so that
the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall
be levied each Fiscal Year as follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by
multiplying the Building Square Footage for Parcels classified as Residential Parcels by the
Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve
Operations and Maintenance for Parcels and adding to that the maximum revenue which could be
generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by the
Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and
Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax
Liability for Improvement Area “C”, reduce the Special Tax for each Parcel proportionately so
that the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal
Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for
Improvement Area “C”, a Special Tax shall be levied upon each Parcel within Improvement Area
“C”, classified as Category II. The Special Tax for Parcels assigned to Category II shall be
calculated as the lesser of:
(i) The Special Tax Liability for Improvement Area “C” as determined by the City,
less the total revenue generated for all Parcels under Step 1 above, divided by the total
Acres for all Parcels within Improvement Area “C” assigned to Category II,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liabilit y, for
Improvement Area “C”, a Special Tax shall be levied upon each Parcel within Improvement Area
C classified as Category III. The Special Tax for Parcels assigned the Category III shall be
calculated as the lesser of:
(i) The Special Tax Liability for Improvement Area “C” as determined by the City,
less the total revenue generated for all Parcels under Step 1 and 3 above, divided by the
total Acres for all Parcels within Improvement Area “C” assigned to Category III,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category III and within
Improvement Area “C.”
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However, in the event it is determined that the Special Tax Liability for Improvement Area “C”
includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the City
shall determine the amount of delinquent taxes that arose from such Parcels and identify the
owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable owner(s)
shall first be divided by the total Category III Acres owned by such owner(s) and collected from
the applicable owner(s) with the remaining portion of the Special Tax Liability not related to
delinquent Special Taxes to be collected from all Parcels in Category III according to the procedure
set forth in the preceding paragraph.
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 Area “C” of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that 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 Special 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 special three-member Review/Appeal Committee. The Review/Appeal Committee
may establish such procedures, as it 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.
F. 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 valorem property 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 financial obligations of Area “C” of the CFD or as otherwise
determined appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Improvement Area “C” of the CFD shall remain subject to the Special Tax in
perpetuity.
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Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and management of the
public or private property within boundaries of the Otay Ranch Preserve, as such boundaries may
be modified from time to time, required by the Resource Management Plan to be maintained as
open space or habitat preservation land or both. Such maintenance, operations and management
shall include, but not be limited to, the following:
(i) Preserve Maintenance. Development, implementation and ongoing
provision of programs to maintain, operate and manage preserve habitat values
through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of
disease or injury; removal of trimmings, rubbish, debris and other solid waste;
maintenance of trails; removal and control of exotic plant species (weeds); and
control of cowbirds through trapping.
(ii) Security. Development, implementation and ongoing provision of security
programs to: enforce "no trespassing" rules; curtail activities that degrade
resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and
other debris; control access; prohibit off-road traffic; and maintain fences and trails.
(iii) Preserve improvements: Acquire equipment and/or install improvements
necessary to maintain, operate and manage the open space and habitat preservation
land described above.
The above description of the Preserve Operations and Maintenance is general in nature. The actual
maintenance, operations and management of the open space and habitat preservation land within
the Otay Ranch Preserve may be modified from time to time as necessary in order to effectively
provide such services in compliance with the requirements of the Resource Management Plan.
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Resolution No. 2020-220
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Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting program consistent with the Resource
Management Plan to identify changes in the quality and quantity of preserve resources including
wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring is general in nature. The actual monitoring and
reporting program may be modified from time to time as necessary in order to effectively provide
such services consistent with the requirements of the Resource Management Plan.
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