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HomeMy WebLinkAboutReso 2007-008 RESOLUTION NO. 2007-008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 13M (OT A Y RANCH VILLAGE TWO). AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF WHEREAS, a public hearing has been held and concluded, and the City Council of the City of Chula Vista (City Council), now desires to proceed with the establishment of a community facilities district, 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 (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 (Ordinance) (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). Such Community Facilities District shall hereinafter be referred to as Community Facilities District No. 13M (Otay Village Two) (District); and WHEREAS, notice of a public hearing relating to the establishment of the District, the extent of the District, the financing of certain types of services and all other related matters has been given, and a Community Facilities District Report, as ordered by this City Council, has been presented to this City Council and has been made a part of the record of the hearing to establish such District; and WHEREAS, all communications relating to the establishment of the District, the proposed services and the rate and method of apportionment of the special tax proposed to be levied within the District have been presented, and it has further been determined that a majority protest as defined by law has not been received against these proceedings or the levy of the special tax within the District; and WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing within the territory of the District for at least the preceding ninety (90) days, the authorization to levy special taxes within the District shall be submitted to the landowners of the District, such landowners being the qualified electors as authorized by law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Determinations. It is hereby determined by this City Council that: Resolution No. 2007-008 Page 2 A. All prior proceedings pertaining to the formation of the District were valid and taken in conformity with the requirements of the law, and specifically the provisions of the Community Facilities District Law, and that this finding and determination is made pursuant to the provisions of Government Code Section 53325.1. B. The written protests received, if any, do not represent a majority protest as defined by the applicable provisions of the Community Facilities District Law and, therefore, the special tax proposed to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Government Code of the State ofCalifomia. C. The District as proposed conforms with the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (Goals and Policies), as amended. D. Less than twelve (12) registered voters have resided within the territory of within the District for each of the ninety (90) days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of the District shall be the landowners of the District as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record as of the close of the public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within the District. E. The time limit specified by the Community Facilities District Law for conducting an election to submit the levy of the special taxes to the qualified electors of the District and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the District. F. The City Clerk, acting as the election official, has consented to conducting any required election on a date which is less than 125 days following the adoption of any resolution forming and establishing the District. SECTION 3. Community Facilities District ReDort. The Community Facilities District Report, as now submitted, shall stand as the Community Facilities District Report for all future proceedings and all terms and contents are approved as set forth therein. SECTION 4. Name of District. This legislative body does hereby establish and declare the formation of the Community Facilities District known and designated as "Community Facilities District No. 13M (Otay Village Two)." SECTION 5. Boundaries of the District. The boundaries of the District are generally described as follows: Resolution No. 2007-008 Page 3 All property within the boundaries of Community Facilities District No. 13M (Otay Village Two), as shown on a boundary map as previously approved by this legislative body, such map designated by the name of this Community Facilities District, a copy of which is on file in the Office of the City Clerk. The boundary map of the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and Highways Code of the State of California in the Office of the County Recorder of the County of San Diego, at Page 39 of Book 38 of the Book of Maps of Assessment and Community Facilities Districts for such County. SECTION 6. Description of Services. It is the intention of this City Council to finance certain services that are in addition to those provided in or required for the territory within the District and will not be replacing services already available. A general description of the services to be provided is listed on Exhibit "A" hereof. SECTION 7. Special Tax. Except where funds are otherwise available, special taxes, secured by recordation of a continuing lien against all non-exempt real property in the District, are hereby authorized, subject to voter approval, to be levied annually within the boundaries of such District. Under no circumstances will the special tax authorized to be levied within the District be increased as a consequence of delinquency or default by the owner of any other parcel or parcels used for private residential purposes and located within the District by more than 10 percent. For further particulars as to the rate and method of apportionment of the special tax proposed to be levied within the District, reference is made to the attached and incorporated Exhibit "B," which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the District to clearly estimate the maximum amount that such person will have to pay for such services. The special taxes herein authorized 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; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code ofthe State of California, 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 the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection ofthe tax by the legislative body ceases. Resolution No. 2007-008 Page 4 SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50115.1, this City Council hereby establishes the following accountability measures pertaining to the levy by the District of the special taxes described in Section 7 above: A. Each such special tax shall be levied for the specific purposes set forth in Section 7 above. B. The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in Section 7 above. C. The District shall establish a separate account into which the proceeds of each such special tax shall be deposited. D. The City Manager or his or her designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50115.3. SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone number of the office, department or bureau which will be responsible for preparing annually a current roll of special tax levy obligations by Assessor's parcel number and which shall be responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of the State of California, are as follows: Engineering Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 (619) 691-5021 SECTION 10. Election. This legislative body herewith submits the levy of the special taxes to the qualified electors of the District, such electors being the landowners within the District with each landowner having one (I) vote for each acre or portion thereof of land which he or she owns within the District. This legislative body hereby further directs that a separate ballot proposition relating to the levy of the above referenced special taxes within the District be combined and consolidated with the proposition set forth in Section 11 below relating to the establishment of an appropriations limit for the District. The proposition related to the levy of the special taxes shall, together'with a proposition to establish an appropriations limit for the District, shall be submitted to the qualified voters at a special election to be held on (a) January 16,2007, or (b) such other date as the qualified electors and the City Clerk may mutually agree and such election shall be a special election to be conducted by the City Clerk (hereinafter referred to as the "Election Official"). If either or both of the propositions for the levy of the special taxes receive the approval of more than two-thirds (2/3rds) of the votes cast on the proposition, the special tax thereby approved may be levied as provided for in this Resolution. Resolution No. 2007-008 Page 5 SECTION II. Ballot Proposals. The ballot proposals to be submitted to the qualified voters at the election shall generally be as follows: PROPOSITION A Shall Community Facilities District No. ] 3M (Otay Ranch Village Two) of the City of Chula Vista, California, subject to accountability measures set forth in California Government code section 50075.1, be authorized to levy special taxes within such district pursuant to the rate and method of apportionment of special taxes (the "Rate and Method") set forth in Resolution No. 2006-350 for the purposes of financing the Special Tax Requirement as defined in the Rate and Method? PROPOSITION B Shall the Community Facilities District No. 13M (Otay Ranch Village Two) of the City ofChula Vista, California, establish an Article XIIIB appropriations limit equal to $2,000,000? SECTION 12. Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. SECTION 13. Election Procedure. The Election Official is hereby authorized to take any and all steps necessary for holding the above election. The Election Official shall perform, or caused to be performed and rendered, and render all services and proceedings incidental to and connected with the conduct of the election, including but not limited to, the following: ]. Prepare and furnish to the necessary election supplies for the conduct of the election. 2. Print the requisite number of official ballots, tally sheets and other necessary forms. 3. Furnish official ballots for the qualified electors of the District. 4. Present the official ballots to the qualified electors, as required by law. 5. Receive the returns ofthe election and supplies. 6. Sort and assemble the election material and supplies III preparation for the canvassing of the returns. 7. Canvass the returns of the election. 8. Furnish a tabulation of the number of votes given in the election. Resolution No. 2007-008 Page 6 9. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. Prepared by Approved as to form by ~..2:?~~ Scott Tulloch City Engineer ~'U '1 <N'. \\\- II) ri\;{\\ \ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of January 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ~ Cheryl Cox, Ma r ATTEST: -~ "'u~;--T ~(J~ Susan Bigelow, MMC, City C k STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2007-008 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of January 2007. Executed this 9th day of January 2007. -:-_ ..-Al1Aa l;?~~ Susan Bigelow, MMC, City Cler Resolution No. 2007-008 Page 7 EXHIBIT "A" COMMUNITY FACILITIES DISTRICT No. 13M (OT A Y VILLAGE Two) LIST OF AUTHORIZED SERVICES The maintenance of (a) landscaping, including, but not limited to, parkways, medians and slopes; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; (d) trails; (e) pedestrian bridges, including, but not limited to, graffiti removal; and (f) public lighting facilities, including, but not limited to, pedestrian lighting and decorative or ornamental public lighting (collectively the "Improvements"). Such maintenance shall include, but not be limited to, the provision of all labor, material, administration, personnel, equipment and utilities necessary to maintain such Improvements. Resolution No. 2007-008 Page 8 EXHIBIT A: RATE AND METHOD OF ApPORTIONMENT CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRI'CT NO.1 3M (OTAY RANCH VIL.LAGETwal A Special Tax of Community Facilities District No. 13M (Otay lUnch Village Two) of the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels of Taxable Property within the CFD and collected each Fiscal Ye--oI commencing in Fiscal Year 2007-2008 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 lIlllIlI1er herein provided. A. DEFINITIDNS 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 5nal 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 fonnotion and administration of the CFD; the costs of collecting installments of the Special Ta.,<es; and any other costs required to form or administer 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. "eFD 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 Tues. III MuniFinancial Page A.I Resolution No. 2007-008 Page 9 Comnmm!J Pari/itm Dirtrict .iVo. 13]11 (Ok!Y Rand; ~ ~i1lage Two) Ory of Chula Virla "CFD" means Community Facilities District No. 13M (Otay Ranch Village Two) of the City of Chula Vista. "City" means the City ofChula 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, as defined in the 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 is issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Final Map Property" means any residential 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. "Land Use Class" means any of the classes listed in Table 1 or Table 2. 11 Landscape Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain authorized landscaped improvements, walls and fencing, trails, and pedestrian bridges within the public right-of-ways, parl:ways, slopes, wetlands and other public easements/improvements within or outside the CFD. "Landscape Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costs for Landscape Maintenance applicable to the CFD for such Fiscal Year. "Lighting Maintenance" means the labor, material, administration, personnel, equipment and utilities necessary to maintain authorized lighting improvements including, but not limited to, pedestrian lighting and decorative or ornamental street lights within the public II MuniFlI1ancial Page A.2 Resolution No. 2007-008 Page 10 Comlmlnit! Frxilifi" DiJtri" No. 13M (O'ay Rmteh Vilbgt T IVO) Ot! of Chuio Vir,. right-of-ways, parkways, s]op~s, wetlands and other public easements/improvements within or outside the CFD. The lighting improvements may include but are not limited to the cost of providing electrical energy and servicing of lighting fi."ttutes, poles, meters, conduits, electrical cable and associated appurtenant facilities including repair, removal, or teplacement. "Lighting Maintenance Requirement" means, for any Fiscal Year in which Special Taxes are levied, the amount equal to the budgeted costS for Lighting Maintenance applicable to the CFD for such Fiscal Year. "Maximum Special Tax" means the ma.,umum Special Tax, determined in accordance with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of T""able Property. "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 for the CFD for each Fiscal Year to pay for Landscape Maintenance, Lighting Maintenance, Storm Water Quality Maintenance and Adminis tra tive Expenses. "Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable Landscape Maintenance Requirement, the applicable Lighting Maintenance Requiremen~ and the applicable Storm Water Quality NL'1.intenance Requirement. "Other Taxable Property" means, for each Fiscal Year, all T ..uble PtOPerty not classified as Developed Property, Final Map Property, or Taxable Property Owners Association Ptoperty. "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument tecorded with the County Recorder to, a property owner association, including any master or sub- association. "Proportionately" means in a manner such that the tatio of the actual Special Tu levied to the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class. For Developed Property, it means that the ratio of the actual Special T.." levied to the Maximum Special To." is equal for all Assessor's Parcels of Developed Property. For Final Map Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Final Map Property. For Undeveloped Property, it means that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels of Undeveloped Property. "Public Property" means any property within the boundaries of the CFD that has provided proof to the City prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied, that (a) is owned by . public agency, (h) has been irrevocably BMuniFlflancial Page A.J Resolution No. 2007-008 Page II COl1ltmJniry Faciliri~! Distrit1 ]\,~o. 13loj[ (Oray RoJu:h T-~i!!age T JIIfJ) Ory 0/ Chula ~ 'iJta offered for dedication to a public agency, or (cJ is designAted with specific boundaries and acreage on a Final Subdivision Map as property which will be owned by or irrevocably dedicated to a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the City or any other public entity. "Reserve Fund" means a fund that shall be maintained for theCFD for each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Ta:<es and a reasonable buffer to prevent large variations in annual Special Tax levies. "Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund Requirement for any Fiscal Year. "Residential Dwelling Unit" means each sep=te residential dwelling unit which comprises an independent facility capable of human habitation separate from adjacent residential units, including but not limited to, single-family homes, duplexes, triplexes, town homesl condominiums, and apartment units. "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 Units. "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 Vndeveloped Property in the CFD to fund the Special Tax Requirement. "Special Tax Requirement" means that amount required in any Fiscal Year for the CFD to: (a) (i) pay the Landscape Maintenance Requirement; (il) pay the Lighting Maintenance Requirement (ill') pay the Storm Water Quality Maintenance Requirement; (iv) pay reasonable Administrative E:'penses; (v) pay any amounts required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (vi) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for funds available to reduce the annual Special Tax levy, including the e..'tcess, if any, in the Reserve Fund above the Reserve Fund Requirement. "Square Foot" means the building square footage of assessable internal living space as shown on an Assessor's Parcel's building permit of Residential Property, excluding g=ges or other structures not used as living space. "State" means the State of California. "Storm Water Quality Maintenance" means the maintenance of authorized detention basins, storm drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities that are directly related to storm water quality control within or outside tbe CFD. "Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount equal to the budgeted costs for Storm Water Quality Maintenance applicable to the CFD for II MuniRnancial Page A-4 Resolution No. 2007-008 Page 12 Coml1nlmiy Faaliliu Diftnd No. 13M (0'0/ &me. Vilh!! T "") City r;f Clnth Viflq the =rent Fiscal Year in which Special Ta.."'l:es are levied. "Ta..uble Property" means all of the Assessor's Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to 1o.w or as defined below under "Tax- E.~empt Property. .. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (D Public Property, or (ii) Property OWner Association Property excluding Ta..nble Property OWner Association Property, Or (ill) Assessor's Parcels defined as Community Purpose Facility Property that are owned by a non-profit organization and have provided proof to the City prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, or (v) Assessor's Parcels with public or utility easements malcing impractical their utilization for other than the purposes set forth in the easement. "Taxable Property Owner Association Property" means all Association Property which is not exempt from the Special Ta.."'l: pursuant to Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. B. ASSIGNMENT TO L.AND USE CATEGORIES Each Fiscal Year using the definitions in Section A, all Taxable Property within the CFD shall be ciassified as Developed Property, Final Map Property or Undeveloped Property, and shall be subject to the levy of 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. Undeveloped Property shall be further assigned to a Land Use aass as specified in Table 2. Assessor's Parcels of CPF Property not ciassified as exempt in accordance with Section E below shall be taxed as Non-Residential Property when such Assessor's Parcel is classified as Developed Property. If the Assessor's Parcel is Undeveloped it shall be c1o.ssified as Other Taxable Property. II MuniFlflancial Page A.5 Resolution No. 2007-008 Page 13 COl111'1nlmD' F oa/ities Distri.7 No. 13i\;1 (O/f!j Ranch Vi1Io~ Two) Cry 'If Chulo Vi;ta C. MAXIMUM SPECIAL TAX RATE 1 . DEVELDF'ED P~DF'ERTY .' TAB LE 1 MAXIMUM SPECIAL TAX FOR DEVELOPED PROPERTY COMMUNITY FACILITIES DISTRICT NO.1 3M (OTAY RANCH VILLAGE Two) FISCAL YEAR 2006-2007 Land Storm Maximum Use Description Landscape Water Quality Special Tax Class & Lighting Maintenance Maintenance 1 Single Family and $0.424 per Square $0.016 per $0.440 per Multi Family Foot Square Foot Square Foot Residential Pronerty 2 Non-Residential $7,079.36 per $279.38 per $7,358.74 per Property Acre Acre Acre Multiple Land Use Classes In some instances an Assessor's Parcel of Developed Property may be classified in more than one Land Use Class; e.g., live/work lofts or similar mixed use developments. The J:vla",imum Special Tax that m.,~y be levied on such an Assessor's Parcel shall be the sum of the Marimum Special Ta", levies that may be levied on all Land Use Classes located on that Assessor's Parcel. The CFD Administrator shall determine the allocation to each Land Use Class. II MuniFlI1ancial Page A-6 Resolution No. 2007-008 Page 14 G . F. .". ~. . " t"'" (0 D u~ P'I."- T ' 011ll11UItltJ aclWlts J./lItnct 1. '10. -'iY.1 t'D' ~7J v t.age /1/0) Oty of a.Ia Visf4 2. UNDEVELOPED PROPERTY TABLE 2 MAXIMUM SPECIAL TAX FOR UNDEVELOPED PROPERTY COMMUNITY F'ACILITIES DISTRICT ~O. 13M (DTAY RANCH VILLAGE Two) F'ISCAL YEAR 2006-2007 Land Landscape Storm Ma...amum Use Description & Lighting Water Quality Special Tax Class Maintenance Maintenance 3 Final Map Property $7,079.36 per $279.38 per Acre $7,358.74 per Acre Acre 4 Other Taxable $7,079.36 per $279.38 per Acre $7,358.74 per Pronerrv Acre Acre 5 Taxable Property $7,079.36 per $279.38 per Acre $7,358.74 per Owner Association Acre Acre Pronerrv 3. ANNUAL ESCALATION OF MAXIMUM SPECIA.L TAX The :Maximum Special Tax as shown in the tables above that may be levied on each Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the greater of, the annual percentage increase, if any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All Items) as reported by the State of CalifOtnlll Department of Finance, or 4%. IlMuniFinandal Page A.7 Resolution No. 2007-008 Page 15 Con",,"nitY Fad/itiu Dirtrict No.1 3M (Ot~ &neb ~ ,1Iog< Two) Ci!J of ChHla ~ 'i.rta D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encing with Fiscal Year 2007-2008, and for ","ch following Fiscal Yeat, the Council shall levy the CFD Special Ta.."'l: at the rates established pmsuant to steps 1 through 4 below so that the amount of the Special Tax levied equals the Sp,!cial Ta.."'l: Requirement. The Spec.:al Tax shall be levied each Fiscal Year as follows: Ei.J;>I; The Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Nlaximum Special Ta.."'l:; Second: If additional monies are needed to satisfy the Special Ta.."'l: Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for Final Map Property; Ihird: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for Other Taxable Property; Emw;h: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax shall be levied proportionately on each Assessor's Parcel of Ta.."'l:able Property Owner Association Property ar up to 100% of the applicable Maximum Special Tax for Taxable Property Owner Association Property. Notwithstanding the above, under no circumsrances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by mote than ten percent annually up to the Maximum Special Tax as a consequence of delioquency or default in the payment of the Special Tax levied on any other Assessor's Parcel within the CFD. E. EXEMPTIONS The CFD Administrator shall classify as Tax-Exempt Property (i) i'.ssessor's Parcels defined as Public Property, (ii) Assessor's Parcels defined as Co=unity Purpose Facility Property that are owned by a non-profit organization which haye provided proof to the City prior to the Match 1st preceding the Fiscal Year in which the Special Tax is being levied of the organization's non-profit status, and (iii) Assessor's Parcels encumbered with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. The CFD Administrator shall classify as Tax-Exempt Property those Assessor's Parcels defined as Property Owner's Association Property provided that no such classilication would reduce the sum of all Taxable Property to less than 449.20 Acres. Assessor's Parcels defined as Property Owner Association Property that cannot be classilied as Tax-Exempt Property will be classified as Taxable Property Owner Association Property and shall be taxed as part of the fourth step in Section D. II MuniFinancial Page A.8 Resolution No. 2007-008 Page 16 U!7l1mIniry Faaliti" District No.1 3M (Or.,; &neb ViUa!! TJVOJ Cry of ClJo/a Vida The CFD Adrninistntor will assign tax-exempt status in the chronological order in which property becomes Public Property, Community Purpose Facility Property or Tax-Exempt Property Owner Association Property. However, should an Assessor's Parcel no longer be chssiEied as Public Property, Community Purpose Facility Property or Tax-Exempt Property Owner Association Property as a result of a change of ownership, change of use or both, its tax-exempt status will be automatically revoked. : Taxable Property Owner Association Property that is not exempt from the Special Tax under this section shall be subject to the levy of the Special Tax and shall be tued Proportionately as part of the fourth step in Section D above, at up to 100% of the applicable Maximum Special Tu for Taxable Property Owner Association Property. F. APPEALS Any landowner or resident who pays the Special Tax and believes that the amount of the Special Ta..'C 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 Adrninistntor 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 Tu 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. G. MANNER DF CDLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad vaion", 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 the CFD or as otherwise determined appropriate by the CFD Administrator. H. TERM OF SPECIAL TAX Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act. . MuniFll1ancial Page A-9