HomeMy WebLinkAboutReso 2007-009
RESOLUTION NO. 2007-009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGIS LA TIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT), MAKING CERTAIN
DETERMINATIONS AND AUTHORIZING SUBMITTAL OF
LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
OF CERTAIN TERRITORY, ANNEXATION NO.6 (OTAY
RANCH VILLAGE TWO), PROPOSED TO BE ANNEXED TO
SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista (City Council), has previously
declared its intention and held and conducted proceedings relating to the annexation of territory
to an improvement area in an existing community facilities district pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I,
Division 2, Title 5 of the Government Code of the State of California, and specifically Article
3.5 thereof (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"). The existing Community
Facilities District has been designated as Community Facilities District No. 97-2 (Preserve
Maintenance District) (District) and the improvement area has been designated as Improvement
Area "c" (Improvement Area 'C'); and
WHEREAS, notice of a public hearing relating to the annexation of territory to
Improvement Area "C," the extent of the territory to be annexed, the furnishing of certain public
services and all other related matters has been given; and
WHEREAS, the territory proposed to be annexed is known and designated as
Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "C,"
Annexation No.6 (Territory); and
WHEREAS, it has now been determined that written protests have not been received by
50% or more of the registered voters residing either within the Territory or Improvement Area
"c" and/or property owners representing more than one-half (1/2) or more of the area of land
within the Territory or within Improvement Area "C;" and
WHEREAS, inasmuch as there have been less than twelve (12) persons registered to vote
within the Territory for each of the 90 preceding days, this legislative body desires to submit the
levy of the required special tax to the landowners of the Territory, said landowners being the
qualified electors as authorized by law.
Resolution No. 2007-009
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
as follows:
SECTION 1. Recitals The above recitals are all true and correct.
SECTION 2. Determinations It is determined by this City Council that:
(a) all proceedings prior hereto were valid and taken in conformity with the
requirements of law, and specifically the provisions of the Community
Facilities District Law, and this finding is made pursuant to the provisions
and authorization of Section 53325.1 of the Government Code of the State
of California;
(b) the annexation of the Territory to Improvement Area "C" of the District as
proposed conforms with the City of Chula Vista Statement of Goals and
Policies Regarding the Establishment of Community Facilities Districts;
(c) less than twelve (12) registered voters have resided within the Territory
for each of the ninety (90) days preceding the close of the public hearing
and, consequently, the qualified electors shall be the landowners of the
Territory and each landowner who is the owner of record as of the close of
the public hearing, or the authorized representative thereof, shall have one
vote for each acre or portion of an acre of land that she or he owns within
the Territory;
(d) 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 Territory and the requirements for impartial
analysis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the Territory;
(e) 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 annexing the Territory to the District and
Improvement Area "C" thereto; and
(f) the public services proposed to be financed from the proceeds of special
taxes to be levied within the Territory are necessary to meet increased
demands placed upon the City as a result of development and/or
rehabilitation occurring in the Territory.
SECTION 3. Boundaries Of Annexed Area The boundaries and parcels of land of the
Territory and in which the public services are to be provided and on which special taxes will be
levied in order to pay the costs and expenses for such public services are generally described as
follows:
Resolution No. 2007-009
Page 3
All that property within the 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 designated by the number of the annexation and the
name of the District, 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, as such property is shown on
maps of the original District and territory previously annexed and
approved by this City Council and designated by the name of the
original District and Annexation Nos. I through 5. 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. Description Of Services The services that are authorized to be financed
from the proceeds of special taxes levied within Improvement Area "c" of the District are
certain services which are in addition to those services provided in or required for the territory
within Improvement Area "C" and will not be replacing services already available. A general
description of the services authorized to be financed by Improvement Area "c" 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.
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 Improvement Area "c" and the Territory.
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Special Tax Except where funds are otherwise available, a special tax sufficient to pay
for such services to be provided in the Territory, secured by recordation of a continuing lien
against all non-exempt real property in the Territory will be levied annually within the
boundaries of the Territory. For particulars as to the rate and method of apportionment of the
proposed special tax, reference is made to the attached and incorporated Exhibit "A" which sets
forth in sufficient detail the method of apportionment to allow each landowner or resident within
the Territory to clearly estimate the maximum amount of the special tax that such person will
have to pay.
SECTION 5.The special taxes 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 City
Council 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.
SECTION 6. Election The proposition related to the levy of the special tax shall be
submitted to the qualified electors of the Territory, said electors being the landowners, with each
landowner having one (I) vote for each acre or portion thereof of land which he or she owns
within said annexed territory. The special election shall be held on January 16,2007, and said
election shall be a special election to be conducted by the City Clerk (hereinafter "Election
Official"). If the proposition for the levy of the special tax receives the approval of more than
two-thirds (2/3) of the votes cast on the proposition, the special tax may be levied as provided for
in this Resolution.
SECTION 7. Ballot The ballot proposal to be submitted to the qualified voters at the
election shall generally be as follows:
PROPOSITION A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2,
IMPROVEMENT AREA "C" ANNEXATION NO.6
AUTHORIZATION FOR SPECIAL TAX LEVY
Shall Community Facilities District No. 97-2 (Preserve Maintenance District) ("District")
of the City of Chula Vista, subject to the accountability measures required pursuant to California
Government Code Section 50075.1 and following, be authorized to levy special taxes within the
territory identified as Annexation No.6 to Improvement Area "C" pursuant to the rate and
method of apportionment of special taxes (the "Rate and Method") set forth in the "Resolution of
the City Council of The City of Chula Vista, California, Acting As the Legislative Body of the
District, declaring its intention to authorize the Annexation, Annexation No.6, ofterritory (Otay
Ranch Village Two) to Community Facilities District No. 97-2 (Preserve Maintenance District)
and Improvement Area "C" thereto and setting the public hearing to consider the authorization of
said Annexation and authorizing submittal of levy of special taxes to qualified voters within said
territory proposed to be annexed to Community Facilities District 97-2 (Preserve Maintenance
District)" to finance the authorized services and administrative expenses and to fund and
replenish a reserve fund, all as provided for in the Rate and Method?
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SECTION 8. Vote The appropriate mark placed in the line before the word "YES" shall
be counted in favor of the adoption of the proposition, and the appropriate mark placed in the
line before the word "NO" in the manner as authorized, shall be counted against the adoption of
said proposition.
SECTION 9. Election Procedure This City Council hereby authorizes the Election
Official to take any and all steps necessary for the holding of said election and ratifies any such
steps previously taken by such Election Official which were necessary for the holding of such
election. Said Election Official shall perform and render all services and proceedings incidental
to and connected with the conduct of said election, and said services shall include, but not be
limited to the following:
(d)
(e)
(f)
(g)
(h)
(i)
(j)
Prepared by
(a)
Prepare and furnish to the election officers necessary election supplies for
the conduct of the election.
(b)
Cause to be printed the requisite number of official ballots, tally sheets
and other necessary forms.
(c)
Furnish and address official ballots for the qualified electors of the
District.
Cause the official ballots to be mailed and/or delivered, as required by
law.
Receive the returns of the election.
Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
Canvass the returns of the election.
Furnish a tabulation of the number of votes given in the election.
Make all arrangements and take the necessary steps to pay all costs of the
election incurred as a result of services performed by the District and pay
costs and expenses of all election officials.
Conduct and handle all other matters relating to the proceedings and
conduct of the election in the manner and form as required by law.
Approved as to form by
~...d:::? c:?'O
Scott Tulloch
City Engineer
~\\\ \\ ,'{\ R \\\1~~ t
, \
Ann Moore
City Attorney
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Page 6
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
ATTEST:
~U:a;Bi;:~~~M~~~b P----'
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. 2007-009 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.
--: ?, u tu.'t ~. ~~
Susan Bigelow, MMC, City Cl
Resolution No. 2007-009
Page 7
EXHIBIT A
RATE AND METHOD OF ApPORTIONMENT
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
IMPROVEMENT AREA C ;
ANNEXATlDN No.6 (OTAY RANCH VI '-'-AGE TWO)
A Special Tax of Community Facilities District No. 97-7. (preserve Maintenance District) of
the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement
Area C, Annexation No.6 (Otay Ranch Village Two), of the CFD and collected each Fiscal
Year commencing with Fiscal Year 2006-2007 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 proVlsions hereof, shall be
t"-"ed for the purposes, to the extent and in the manner herem provided.
A. DEFINITIONS
The terms herei..'1after set forth have the folloll.-ing meanings:
"Acre or Acreage" means the land ate2 of an ...-\ssessor's Parcel as ShO'\\-Ll on an Assessorls
Parcel Map, or if the land area is not shown on an ""'ssessor's Parcel Map, the land area
shown on the applicable Final Subdivision lvIap, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the: Office of
the COl.lnty Recotder. The square footage of an },ssessor'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 Gove."llIDent Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acring 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 amoant 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 eFD; the costs of
collecting installments of the Special Tues; and any other costs required to administer Area
e of the CFD as detenr.;ned by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor1s Parcel fvhp Vlith 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
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structures not used as living space.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
detemlining 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 Gty 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 Dr her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpDse facilities and meet the requiremen ts Df
City of Chula Vista Ordinaoce No. 2883.
"Council" means the Gty Council of the City of Chula Vista, acting as the legislative body
Dfthe CFD.
"County" means the County Df San Diego, California.
"Developed Property" means all Taxable Property for which a building permit ",-as 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
Subrlivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subrlivision of property creating residential or non-
residential buildable lots by recordation of a final subrlivision map or parcel map pursuant to
the Subrlivision Map Act (California Government Code Section 66410 et seq.), or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
inrlividual Jots for which building permits may be issued without further subrlivision and is
recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period startingJuly 1 and ending on the following June 30.
"Imptovement Area C" or "Area e" means Improvement Area C of the CFD, as
identified on the boundary map fDr 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 Yeaton any AssessDr's Parcel Df
Tmble PrDperty.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
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Resolution No. 2007-009
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which a building perrnit(s) has been issued for a structure or structures for non-residential
lise.
"Operating Fund" means a fund that shall be maintained ",-ithin 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 M.ainrenance
Fund Requirement for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in Attachment
l\. hereto which is incorpotated 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 propertywirhin the boundaries of
Area C of the CFD that is owned by, or irrevocably dedicated as indicated in an inst.'ument
recorded '\'vith the County Recorder to, a property o'Vmer association, including any master or
sub-association.
"Public Property" means any property within the boundaries of Area C of rhe CFD that is,
at rhe 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, mainrenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special T..'I: 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 perrnit(s) has been issued for purposes of constructing one or more residential
dwelling unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management
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Resolution No. 2007-009
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Plan also referred to as "The Otay Ranch Resource Management Plan" dated October 28,
1993, and the Otay Ranch Phase 2, Resource J:..fanagement Plan dated June 4, 1996, 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 ao 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 il.dministrative
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 Plao Planning Area for which
a Resource Monitoring Program funding mechanism has been established.
"Special Tax" meaos 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 Requiremenr" means that amount required in any Fiscal Year for Area C to:
(i) pay the Resource Monitoring Fund Requirement, and Preserve Operations aod
Maintenance Fund Requirement, less the Operating Fund Balaoce, aod (iil pay any amounts
required to establish or replenish the Reserve Fund to the Reserve Fund Requirement; (ii.i)
pay for reasonably anticipated delinquent Special T...'Ces based on the delinquency rate for
Special T...'Ces 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.
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Resolution No. 2007-009
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E. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area C,
Annexation No.6 (Otay Ranch Village Two), of the CFD shall be classified as Category I,
Category II, Category III or E'Cempt Developed Property, Final Map Property or
Undeveloped Property, and shall be subject to Special Taxes p<.:.rsuant to Sections C and D
below. Developed Property shall be further assigned to a Land Use Chss as specified in
Table 1.
C. MAXIMUM SPECIAL TAX RATE
CATEGORY I
Category I includes Developed Property ",ithin the District ("Category 1'').
The M""'Cimum Special Tax for Resource Monitoring, ""'1d Preserve Operations and
Maintemnce for Fiscal Year 2006-2007 on Developed Property are the rates set forth in
Table 1 below. For Residential Property, the Special Tax shall be levied based upon Building
Square Footage and for Non-Residential Property sruill be levied based on Acreage.
TABLE 1
MAXIMUM SPECIAL TAX FOR CATEGORY I
COMMUNITY FACILITIES DISTRICT No. 97-2
I MPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Description Resource Operation & Total
Monitoring IvIaintenance
Residential $0.0062 SQ ft $0.00991 sq ft $0.0162/sq ft
Non- $101.1797/acre $160.6303/acre $261.81/acre
Residential
CATEGORY II
Category II includes each :\ssessor's Parcel of Taxable Property ",~thin the District for which
a Final Nlap has been recorded, but which is not classified as a Developed Parcel ("Category
II'').
The Ma..'Cimum Special Tax fot Resource Monitoring, and Preserve Operations and
Maintenance approved for Fiscal Year 2006-2007 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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Resolution No. 2007-009
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TABLE 2
MAXIMUM SPECIAL TAX FOR CATEGORY II
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-200:7)
Resource Operation & Total
Monitoring Maintenance
$101.1797/acre $l60.6303/acre $261.81/acre
CATEGORY III
Categcry III includes each Parcel of T uable Property within the District not subject tD
Special Ta.:< under any Dther categDry ("CategDry ITI").
The Ma.-cimum Special Ta.'I: apprDved for Fiscal Year 2006-2007 on Ta.'l:able Property within
Category lIT is the rate set forth in Table 3 below (said amount to be levied pro rata for any
pDrtion of an Acre).
TABLE 3
MAXIMUM SPECIAL TAX FOR CATEGORY III
COMMUNITY FACILITIES DISTRICT No. 97-2
I MPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Resource Operation & TDtal
Monitoring Maintenance
$6j.3004/ acre $l036696/acre $168.97/ 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").
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SPECIAL CASES
In some instMces an Assessor's Parcel of Developed Property may contain more than one
Land Use Class and be considered" Special Case". The LYfaximum Special Ta..."{ that may be
levied on an Assessor's Parcel identified as Special Case shall 1;>e the swn of the Maximum
Special T...'{ levies that may be levied on all Land 1-: se C1ass"s located on that -",ssessor's
Parcel. The crn i\.dmin.istrator shall determine the allocation to each Land Dse Class.
fu"1NUAL ESCALATION OF MAxrMUM SPECIAL TA..X
The M...'<imum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in.'\.rea C, .Annexation No.6 (Otay Ranch Village Two), shall be increased
each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafrer by a factor equal to the
annual percentage change in the San Diego Metropolitan Area all Urban Conswner Price
Inde:.: (.'\.ll Items).
D. METHOD OF APPORTIONMENT OF THE SPECIAL
TAX
Commencing with Fiscal Year 2006-2007, and for each following Fiscal Year, the Council
shall levy the Area C, Annexation No.6 (0 lay Ranch Village Two), Special Tu 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 Ta.."'C per Building Square Foot for Resource Monitoring, and Preserve
Operations and Maintenance for Parcels and adding to that the maximwn revenue which
could be generated by multiplying the total acres for Parcels classified as Non-Residential
Parcels by the Ma..'<imum Special T...'{ 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 Ta..'{ Liability for
Improvement Area C, a Special T a..'{ 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:
The Special Tu Liability for Improvement Area C as dete=ined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels "'~thin Improvement A"ea C
assigned to Category II,
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Resolution No. 2007-009
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OR
The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the total revenue as calcuhted in Step 1 md 3 is less ihan the Special Tax Liability,
for Improvement luea 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:
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
The Maximum Special Ta.'"{ rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special Tax Liability fot 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
l\ssessor'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 T a.'"{ 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 =or. If following such consultation, the CFD Administrator
determines that an =or has occurred, the CFD l,dministrator may amend the amount of
the Special Ta.'"{ 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,
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Resolution No. 2007-009
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such person may @e a written notice with the City Clerk of the City appeal.ing the amount of
the Special Tax levied on such Assessor's Parcel. l'pon the receipt of any such notice, the
City Clerk shall forward a copy of such notice to the City iYIanager who shall establish as pan
of the proceedings and administration of the crn, a special three-member Review! Appeal
Committee. The Revlew / 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 Apponionrnenr and make dererminations 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 DF CDLLECTIDN
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad vawrem properry taxes; provided, however, that the crn
Administrator may directly bill the Special Ta.:" may collect Special Ta.."tes at a different time
or in a different manner if necessary to meer the financial obligations of Area C of the CFD
or as othe['\vise determined appropriate by the crn AdministratOr.
G. TERM DF SPECIAL TAX
Taxable Property in Improvement AIea C of the crn shall remain subject to the Special
Ta."t in perpetuity.
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Resolution No. 2007-009
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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 !vfanagement 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! Dr 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 ~Ino 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.
(ill.) 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 deseription 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. 2007-009
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Attachment B
Description of Resource Monitoring
Implemenr the annu.u biota monitoring and reporti."'1g program consistent \Vith the Resource
Management Plan to identlfy changes in the quality and qu~ntity of preserve resources
including 'Wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Nlonitoring .is general hJ. nature. The act-.1al
monitoring and reporting program may be modified from time to time as necessary in order
to effectively provide such services consistent \.vi.th the requirements of the Resource
i'vIanagemem Plan.
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