HomeMy WebLinkAboutReso 2021-139
RESOLUTION NO. 2021-139
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT DETERMINING THAT
THE CHANGES TO THE RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO
BE LEVIED THEREIN AND THE EXPANSION OF
TERRITORY WHEREIN IMPROVEMENTS MAY BE
LOCATED AND SERVICES MAY BE PROVIDED ARE
LAWFULLY AUTHORIZED
WHEREAS, the City Council (the “City Council”) of the City of Chula Vista (the “City”),
has previously initiated proceedings, held a public hearing, formed the Bayfront Project Special
Tax Financing District (the “District”) by the adoption of Resolution No. 2019-220 on November
19, 2019 (“Resolution No. 2019-220”), conducted an election and received a favorable vote from
the qualified electors of the District, authorizing the levy of special taxes in the District, all as
authorized pursuant to Chapter 3.61 of the Chula Vista Municipal Code (“Chapter 3.61”); and
WHEREAS, the City and the San Diego Unified Port District (“Port District”) entered into
that certain Joint Community Facilities Agreement (Chula Vista Bayfront Project Special Tax
Financing District), as amended and restated by the Amended and Restated Joint Community
Facilities Agreement (the “Amended and Restated JCFA”) to set forth the essential terms for the
allocation and payment of special tax revenues generated from the District; and
WHEREAS, the qualified electors of the District, voting in a special mail ballot election
held on February 18, 2020, approved Proposition A which authorized the District to levy special
taxes at rates not to exceed 5% of Rent annually charged on Hotel Property and Campsite Property
(as such terms are defined in Resolution No. 2019-220) within the District pursuant to a rate and
method of apportionment of such special taxes for the District (the rate and method of
apportionment of special taxes approved shall be referred to as the “Existing RMA”); and
WHEREAS, Resolution No. 2019-220 set forth a limitation on territory wherein the
Improvements (as defined in Resolution No. 2019-220) could be located and wherein the Services
(as defined in Resolution No. 2019-220) could be provided; and
WHEREAS, on February 16, 2021, the City Council, acting as the legislative body of the
District, adopted its Resolution No. 2021-030 (the “Resolution of Consideration”) declaring its
intent to consider changes to the District (the “Change Proceedings”) to: (1) modify the Existing
RMA, so that the rate and method of apportionment of special taxes authorized to be levied within
the District shall read as set forth in Exhibit A attached hereto and incorporated herein by this
referenced (the “Amended RMA”) and (2) expand the territory wherein the Improvement may be
located and the Services may be provided, so that the Improvements shall be located, and the
Services shall be provided, within or outside of the CVBMP (as defined in the Amended and
Restated JCFA) territory, subject to the priorities established in the Amended and Restated JCFA;
and
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WHEREAS, the Resolution of Consideration set a public hearing to be held on April 13,
2021 (the “Public Hearing”) and at the time and place for the Public Hearing, the City Council
opened and held the Public Hearing and it was determined that a majority protest as specified by
Chapter 3.61 had not been received against the Amended RMA or the expansion of territory
wherein the Improvements may be located and the Services may be provided; and
WHEREAS, on April 13, 2021, the City Council, acting as the legislative body of the
District, adopted Resolution No. 2021-56 calling a special mail ballot election (the “Election”)
pursuant to Chapter 3.61 to be held on July 13, 2021 (the “Election Date”) for the purpose of
submitting to the qualified electors of the District a proposition (the “Proposition”) to authorize
the Amended RMA and to expand territory wherein the Improvements may be located and the
Services may be provided; and
WHEREAS, at this time the Election has been held and the Proposition did receive the
favorable two-thirds vote of the qualified electors, and this City Council has formally declared the
results of the election in accordance with the provisions of the Elections Code of the State of
California by the adoption of its Resolution No. 2021-138; and
WHEREAS, pursuant to Chapter 3.61, after the canvass of the Election, the legislative
body shall adopt a resolution of change determining that the proposed modifications to the Existing
RMA and the expansion of territory wherein the Improvements may be located and the Services
may be provided is lawfully authorized if two-thirds of the votes cast on the Proposition are in
favor.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, AND DETERMINED by the
City Council of the City of Chula Vista, acting as the legislative body of the Bayfront Project
Special Tax Financing District, as follows:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Modification of the Existing RMA. This City Council hereby determines
that the levy of the special tax pursuant to the Amended RMA is lawfully authorized. Except
where funds are otherwise available to the District, the special tax shall be levied in the District
pursuant to the Amended RMA attached hereto as Exhibit A, referenced and so incorporated,
which sets forth in sufficient detail the method of apportionment of the special tax to allow each
landowner or resident within the District to estimate the maximum amount that such person will
have to pay.
Upon recordation of an Amendment to Notice of Special Tax Lien pursuant to
Section 3117.5 of the Streets and Highways Code of the State of California against the property
within the District, a continuing lien to secure each levy of the special tax shall attach to all non -
exempt real property in the District and this lien shall continue in force and effect until collection
of the special tax by the legislative body ceases.
SECTION 3. Expansion to Territory Wherein Improvements May be Located and
Services May be Provided. This City Council hereby determines that the territory where
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Improvements may be located and Services may be provided shall be expanded so that
Improvements shall be located and Services shall be provided within or outside the CVBMP
territory, subject to the priorities established in the Amended and Restated JCFA.
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 13th day of July 2021 by the following vote:
AYES: Councilmembers: Cardenas, 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. 2021-139 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 13th day of July 2021.
Executed this 13th day of July 2021.
Kerry K. Bigelow, MMC, City Clerk
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AMENDED
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
The Special Tax authorized by the Bayfront Project Special Tax Financing District (the “District”) shall be
levied on all Taxable Property and collected within the District as provided herein commencing in Fiscal
Year 2020-2021, in an amount determined by the City Council of the City of Chula Vista, acting as the
legislative body of the District, through the application of the amended rate and method of
apportionment of the Special Tax set forth below (the “Amended RMA”). All of the real property within
the District, 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:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2
of Title 5 of the Government Code of the State of California.
“Assessor’s Parcel” means a lot or parcel designated on an Assessor’s Parcel Map with an assigned
Assessor’s Parcel number within the boundaries of the District.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels
by Assessor’s Parcel number.
“Bond Documents” means any indenture of trust, bond indenture, fiscal agent agreement, trust
agreement, loan agreement, resolution or other instrument setting forth the terms of any Bonds,
as modified, amended and/or supplemented from time to time, and any instrument replacing or
supplementing the same.
“Bonds” means any binding obligation to repay a sum of money, including obligations in the form
of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses, or individuals, or long-term
contracts, or any refunding thereof, to which the Special Tax has been pledged.
“Boundary Map” means the “Map of Proposed Boundaries of the Bayfront Project Special Tax
Financing District, City of Chula Vista, County of San Diego, State of California,” filed September 12,
2019 in Book 48 of Maps of Assessments and Community Facilities Districts in the office of the
County Recorder.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“Campsite” shall have the meaning given such term in Chapter 3.61.
“Campsite Property” means an Assessor’s Parcel of Taxable Property which consists of any
Campsite or Campsites.
“Chapter 3.61” means Chapter 3.61 of the Chula Vista Municipal Code.
Exhibit A
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“City” means the City of Chula Vista.
“City Council” means the City Council of the City, acting as the legislative body of the District, or its
designee.
“City Manager” means the City Manager of the City.
“County” means the County of San Diego.
“Director of Finance” means the Director of Finance of the City.
“District” means the Bayfront Project Special Tax Financing District established by the City pursuant
to Chapter 3.61.
“Effective Date” means the first day of the month immediately following the effective date of the
ordinance enacted by the City Council providing for the levy of the Special Tax pursuant to the
Amended RMA.
“Exempt Property” means all Assessor’s Parcels within the District which are exempt from the
Special Tax pursuant to law or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June 30.
“Hotel” shall have the meaning given such term in Chapter 3.61.
“Hotel Property” means an Assessor’s Parcel of Taxable Property which consists of any Hotel or
Hotels.
“Landowner” shall have the meaning given such term in Chapter 3.61.
“Maximum Special Tax Rate” means the maximum rate of the Special Tax determined in
accordance with Section C below, which may be levied for the privilege of Occupancy by Transients
of the Campsite(s) or Hotel(s), as applicable, located on each Assessor’s Parcel of Campsite
Property or Hotel Property.
“Occupancy” shall have the meaning given such term in Chapter 3.61.
“Operator” shall have the meaning given such term in Chapter 3.61.
“Port District” means the San Diego Unified Port District.
“Public Property” means any property within the boundaries of the District that is owned or held in
trust by or irrevocably dedicated to the City, the federal government, the State of California, the
County, the Port District, or any other public agency.
“Rent” shall have the meaning given such term in Chapter 3.61.
“Resolution of Formation” means the resolution adopted by the City Council pursuant to Chapter
3.61 establishing the District.
“Special Tax” means the special tax authorized by the District to be levied by the City Council
pursuant to Chapter 3.61.
“Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant
to law or this Rate and Method of Apportionment of Special Tax.
“Transient” shall have the meaning given such term in Chapter 3.61.
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B. CLASSIFICATION OF ASSESSOR’S PARCELS
Beginning with Fiscal Year 2020-2021, each Assessor’s Parcel shall be classified as Taxable Property or
Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as
Campsite Property or Hotel Property. Commencing with Fiscal Year 2020-2021, all Campsite Property
and Hotel Property shall be subject to the levy of the Special Tax pursuant to Section C below.
C. SPECIAL TAX
The Maximum Special Tax Rate of the Special Tax authorized to be levied on each Assessor’s Parcel
classified as Campsite Property or Hotel Property shall be determined pursuant to Table 1 below. The
City Council may, by resolution, levy the Special Tax at a rate less than the Maximum Special Tax Rate,
such rate to become effective no sooner than the first day of the first month at least sixty (60) days
following the effective date of such resolution. Should the City Council adopt a resolution levying the
Special Tax at a rate less than the Maximum Special Tax Rate, such rate shall remain in effect until the
City Council adopts a different Special Tax rate by resolution, subject always to the limitations of the
Maximum Special Tax Rate.
Table 1
Period Beginning Period Ending Maximum
Special Tax Rate
July 1, 2020 One day prior to Effective Date 5.0% of Rent
Effective Date June 30, 2060 5.5% of Rent
July 1, 2060 June 30, 2075 2.5% of Rent
July 1, 2075 June 30, 2086 1.0% of Rent
The Special Tax associated with Rent that is charged for Occupancy by Transients shall be considered
levied at the same time the Transient ceases such Occupancy. If a Public Property is classified as
Campsite Property or Hotel Property due to the grant of a lease or other possessory interest in such
Assessor’s Parcel of Public Property to the Operator of a Campsite or Hotel thereon, the Special Tax shall
only be levied during such time that such grant of lease or possessory interest is effective and shall
cease upon the termination or expiration of such grant of lease or possessory interest.
D. MANNER OF COLLECTION
The Special Tax shall be due and remitted pursuant to the provisions of Section 3.61.120 of Chapter
3.61.
E. PREPAYMENT OF THE SPECIAL TAXES
The Special Tax may not be prepaid.
F. EXEMPTIONS
Assessor’s Parcels not classified as Campsite Property or Hotel Property shall be exempt from the levy of
the Special Tax.
G. FAILURE TO SUBMIT SPECIAL TAX
If the Operator of any Campsite or Hotel located on an Assessor’s Parcel of Campsite Property or H otel
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Property, or the Landowner of an Assessor’s Parcel of Campsite Property or Hotel Property that is not
Public Property, fails or refuses to pay the Special Tax levied on such Assessor’s Parcel when due, the
Director of Finance shall proceed in such manner as deemed best to obtain facts and information on
which to base his/her estimate of such Special Tax. As soon as the Director of Finance has acquired such
facts and information upon which to base such Special Tax for such Campsite Property or Hotel
Property, the Director of Finance shall proceed to determine the amount of such Special Tax due plus
any penalties thereon, as described below ("Determination of Special Tax Due"). In the case that such
determination is made, the Director of Finance shall give a Determination of Special Tax Due by serving
it personally or by depositing it in the United States mail, postage prepaid, addressed to such Operator
or such Landowner, as applicable, at its last known address. Such Operator or such Landowner, as
applicable, may file an appeal as provided in Section I herein.
The Special Tax on any Campsite Property or Hotel Property which is not paid within the time required
shall be subject to the same penalties applicable to the transient occupancy tax in subsections A and B
of Section 3.40.080 of the Chula Vista Municipal Code. For any Special Taxes and penalties that remain
outstanding as of July 1 of each Fiscal Year, the City Council may direct the Director of Finance to cause
the submission of any of the delinquent Special Taxes and penalties to the County for inclusion on the
property tax bill for such Assessor's Parcel(s) in accordance with Section 3.61.130 of Chapter 3.61;
provided, however, that any delinquent Special Taxes and penalties with respect to any Assessor’s
Parcel of Public Property that is classified as Campsite Property or Hotel Property due to the grant of a
lease or other possessory interest in such Assessor’s Parcel of Public Property to the Operator of a
Campsite or Hotel thereon shall only be levied on and constitute a lien against the Operator’s leasehold
or possessory interest in such Assessor’s Parcel of Public Property, all as contemplated by Section
53340.1 of the Act, as modified by Chapter 3.61, and shall not be an obligation for which the Landowner
of such Assessor’s Parcel of Public Property is billed or responsible.
H. MAINTENANCE OF RECORDS; SPECIAL TAX AUDIT
It shall be the duty of the Operator of any Campsite or Hotel located on any Assessor's Parcel classified
as Campsite Property or Hotel Property that is subject to the Special Tax to keep and preserve, for a
period of three years, all records as may be deemed necessary by the Director of Finance (and that will,
at a minimum, include a record of all Rents collected) to determine the Special Taxes levied upon such
Campsite Property or Hotel Property by the City Council. The Director of Finance shall have the right to
inspect such records at all reasonable times.
I. APPEAL
Any Operator of a Campsite or Hotel located on any Campsite Property or Hotel Property or any
Landowner of any Campsite Property or Hotel Property claiming that the amount or application of the
Special Tax reflected in any Determination of Special Tax Due on such Campsite Property or Hotel
Property is not correct, may appeal such Determination of Special Tax Due by filing a notice of appeal
with the City Clerk within fifteen (15) calendar days of the serving or mailing of such Determination of
Special Tax Due. If such appeal is made by an Operator that is not also the Landowner of such property,
then the Operator shall also provide a copy of such notice of appeal to the Landowner at the same time
the Operator files the notice of appeal with the City Clerk. Upon 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 District a special three-member Appeal Committee. The Appeal Committee
may establish such procedures as it deems necessary to undertake the review of any such appeal. The
Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations
relative to the annual administration of the Special Tax and any appeals by Landowners, or Operators, as
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herein specified. The decision of the Appeal Committee shall be final, conclusive, binding as to all
persons and shall be served upon the Operator or Landowner in writing at the last known address of
such Operator or Landowner. Any amount found due shall be immediately due and payable upon service
of the Appeal Committee findings. If the Appeal Committee decision requires that the Special Tax for an
Assessor’s Parcel be modified or changed in favor of the Operator or Landowner, a cash refund shall not
be made, but a credit shall be given against the future Special Taxes on that Assessor’s Parcel.
J. TERM OF THE SPECIAL TAXES
The Special Tax shall be levied as long as necessary to pay for authorized expenditures as specified in
Section 3.61.080 of Chapter 3.61 but to no later than June 30, 2086.
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