HomeMy WebLinkAboutOrd 2007-3059
ORDINANCE NO. 3059
ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT NO. 13M (OTAY
RANCH VILLAGE TWO)
WHEREAS, the City Council of the City of Chula Vista (City Council), has initiated
proceedings, held a public hearing, conducted an election and received a favorable vote from the
qualified electors authorizing the levy of a special taxes within a community facilities district, all
as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act
of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Govemment 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"). This Community Facilities
District is designated as Community Facilities District No. 13M (Otay Ranch Village Two)
(District).
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 13M (Otay Ranch Village Two), does hereby ordain as
follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes within the District pursuant to the Rate and Method of Apportionment of
Special Taxes as set forth in Exhibit "A" attached hereto (Rate and Method), referenced and so
incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special taxes to be levied within the
District for the then current tax year or future tax years, except that the special tax to be levied
within the District shall not exceed the maximum special tax calculated pursuant to the Rate and
Method, but the special tax may be levied at a lower rate.
SECTION 3. The special taxes herein authorized, to the extent possible, shall be
collected in the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections
3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall
be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall
continue in force and effect until the special tax obligation is prepaid, permanently satisfied and
canceled in accordance with Section 53344 of the Government Code of the State of California or
until the special tax ceases to be levied by the City Council in the manner provided in Section
53330.5 of said Govemment Code.
Ordinance No. 3059
Page 2
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Government Code Section 36933.
Prepared by:
Approved as to form by:
~
Scott Tulloch
City Engineer
~<:~~\\
"-
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 6th day of February 2007, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
~
Cheryl co~, May
ATTEST:
fu ~D
- =---- 6-...L\
Susan Bigelow, MMC, City rk
~
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
Ordinance No. 3059 had its first reading at a regular meeting held on the 23rd day of January,
2007 and its second reading and adoption at a regular meeting of said City Council held on the
6th day of February 2007.
Executed this 6th day of February 2007.
-~ ~L...) ~, ~
Susan Bigelow, MMC, City Cle-t
Ordinance No. 3059
Page 3
Exhibit" A"
RATE AND METHOD OF ApPORTIONMENT
CITY OF CHULA VISTA
COMMUNITY FACILlTI ES DISTRICT NO. 97-2
IMPROVEMENT AREA C
ANNEXATION NO.6 (DTAY RANCH VIL-LAGETWO)
A Special Tax of Community Facilities District No_ 97-2 (preserve Maintenance Dlstrict) of
the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement
Area C, Annexation No.6 (Otay fumch Vilhge 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, uniess exempted by law or by the provisions hereof, shall be
tued for the purposes, to the extent and in the manner herein provided.
A. DEFINITlDNS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, DivislOn 2 of Ticle 5 of the Government Code of the State ofCaliforoia.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special TllXes; and any other costs required to administer Area
C of the CFD as determined by the City_
"Assessor's Parcel" means a lot or parcel sho\Vn 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 designati."1g
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 pemUr of Residential Property excluding garages or other
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Ordinance No. 3059
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structures not used as living space.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
detennining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 97-2 oftbe City ofChula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the cro.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
prior to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential lot or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-
residential buildable lots by recordation of a final subdivision map or parcel map pursuant to
the Subdivision Map Act (California Government Code Section 66410 et seq.), or
recordation of a condominium plan pursuant to California Civil Code 1352, that creates
individual lots for which building permits may be issued without further subdivision and is
recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting)uly 1 and ending on the following)une 30.
"Improvement Area C" or "Area C" means Improvement Area C oftbe crn, as
identified on the boundary map for the crn as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
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Ordinance No. 3059
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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 mainained within the ern 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
ResollIce Monitoring Fund Requirement and the Preserve Operations and Maintenance
Fund Requirement for the CllIIent Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance n means those activities d~scr:ibed in Attachment
A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year
an amount equal to the budgeted costs for Preserve Operations and Mamtenance plus a pro-
rara share of the budgeted Administrative Expenses of the District for the current Fiscal
Year in which Special Taxes are levied.
"Property Owner Association Property" means any property ",ithin the boundaries of
Area C of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument
recorded with the County Recorder to, a property owner association, including any master or
sub-association.
"Public Property" means any property within the boundaries of Area C of the CFD that is,
at the time of the CFD formation, expected to be used for any public purpose and is owned
by or dedicated to the federal government, the State, the County, the City or any other
public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, working capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at t.t,e 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 Ptoperty" means all Assessor's Parcels of Developed Property for wbch a
building permit(s) has been issued for purposes of constructing one or more residential
dwelling unit.
"Resource Management Plan" means the Ooy Ranch Phase 1 Resource Management
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Ordinance No. 3059
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Plan also referred to as "The Oray Ranch Resource Management Plan" dated October 28,
1993, and the Otay Ranch Phase 2, Resource Management 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.
"Resoutce Monitoring Fund Requirement" means for any Fiscal Year an amount for
each Improvement Area equal to the Improvement ."'-rea's fair share of the budgeted costs of
the Resource Monitoring Program plus a pro rata share of the budgeted Administrative
Expenses of t..'>e CFD for the current Fiscal Year in which Special Taxes are levied.
Improvement Area C's "fair share" shall be based on Improvement Area C's percentage of
the total acreage within the Otay Ranch General Development Plan Planning Area for which
a Resource Monitoring Program funding mechanism has been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area C to:
(i) pay the Resource Monitoring Fund Requirement, and Preserve Operations and
Maintenance Fund Requirement, less the Operating Fund Balance, and (il) pay any amounts
required to establish or repler1ish the Reserve Fund to the Reserve Fund Requirement; (iii)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year.
"State" means the State of Califorrlla.
"Taxable Propetty" means all of the Assessor's Parcels within the boundaries of Area C offthe 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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Ordinance No. 3059
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B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Tanble Property within Area C,
Annexation No.6 (Otay Ranch Village Two), of the CFD shall be c~5Sified as Category 1,
Category n, Category III or Exempt. Developed Property, Final Map Property or
Undeveloped Property, and shall be subject to Special Taxes pursuant to Sections C and D
below. Developed Property shall be further assigned to a Land U se ~ss as specified in
Table 1.
C. MAXIMUM SPECIAL TAX RATE
CATEGORY I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Main tenance 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 shall be levied based on Acreage.
TABLE 1
MAXIMUM SPECIAL TAX FOR CATEGORY I
COMMUNITY FACiLiTIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 20015-2007)
Description Resource Operation & Total
Monitoring Maintenance
Residen tial $0.0062 sq ft $0.0099/sq ft $0.0162/so ft
Non- $101.1797/acre $160.6303/acre $261.81/acre
Residen tial
CATEGORY II
Category II includes each Assessor's Parcel of Taxable Property within the District for which
a Final Map has been recorded, but which is not classified as a Developed Parcel ("Category
II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance approved for Fiscal Year 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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Ordinance No. 3059
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TAB LE 2
MAXIMUM SPECIAL TAX FOR CATEGORY II
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Resource Operation & Total
Monitoring Maintenance
$101.1797/acre $160 6303/acre $261.81/ acre
CATEGORY III
Category III includes each Parcel of Taxable Property within the District not subject to
Special Tax under any other category ("Category III'').
The Maximum Special Tax approved for Fiscal Year 2006-2007 on Taxable Property within
Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any
portion of an Acre).
TABLE 3
MAXIMUM SPECIAL TAX FOR CATEGORY III
COMMUNITY FACILITIES DISTRICT No. 97-2
IMPROVEMENT AREA C
(FISCAL YEAR 2006-2007)
Resource Operation & Total
Monitoring Maintenance
$65.3004/acre $103.6696/acre $168.97/ acre
EXEMPT CATEGORY
The Ex=pt Category includes each property owned, conveyed or irrevocably offered for
dedication to . 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 ("Ex=pt
Category'').
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Ordinance No. 3059
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SPECIAL CASES
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Gass and be considered" Special Case". The Maximum Special Tax that may be
levied on an Assessor's Parcel identified as Special Case shall be the sum of the Maximum
Special Tax levies that may be levied on all Land Use Gasses located on that Assessor's
Parcel. The CFD Administrator shall determine the allocation to each Land Use Class.
ANNuAL ESCALATION OF MAxIMuM SPECIAL TAX
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area C, Annexation No.6 (Otay fu.nch Village Two), shall be increased
each Fiscal Year beginning in Fiscal Year 2007-2008 and thereafter by a factor equal to the
annual percentage change in the San Diego Metropolitan Area all Urban Consumer Price
Index (lill 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 AIea C, Annexation No.6 (Oray fu.nch Village Two), Special Tax at the rates
established pursuant to steps 1 through 4 below so that the amount of the Special Tax levied
equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as
follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to Category I
by multiplying the Building Square Footage for Parcels classified as Residential Parcels by the
Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve
Operations and Maintenance for Parcels and adding to that the maximum revenue which
could be generated by multiplying the total acres for Parcels classified as Non-Residential
Parcels by the Maximum Special Tax per Acre for Resource Monitoring and Preserve
Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax
Liability for Improvement AIea C, reduce the Special Tax for each Parcel proportionately so
that tb.e Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal
Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for
Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement
Area C, classified as Category II. The Special Tax for Parcels assigned to Category II shall be
calculated as the lesser of:
The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement AIea C
assigned to Category II,
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Ordinance No. 3059
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OR
The Maximum Special Tax rate for Parcels assigned to Categnry II.
Step 4: If the total revenlle as calcWated in Step 1 and 3 is less than the Special Tax Liability,
for Improvement Area C, a Special Tax shall be levied llpon each Parcel within
Improvement AI.. C classified as Category III. The Special Tax for Parcels assigned the
Category ill shall be calcclated as the lesser of:
The Special Tax Liability for Improvement Area C as determined by the
City, less the total revenlle generated for all Parcels llnder Step 1 and 3
above, divided by the total Acres for all Parcels within Improvement
AIea C assigned to Category ill,
OR
The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement AI.. C.
However, in the event it is determined that the Special Tax liability for Improvement AIea
C includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year,
the City shall determine the amollnt of delinquent taxes that arose from such Parcels and
identify the owner(s). The amOllnt of delinquent Special Taxes, if any, that arose from the
applicable owner(s) shall first be divided by the total Category ill 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 ill according to the procedure set forth in the preceding paragraph.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent
annually up to the Maximum Special Tax as a consequence of delinquency or default by the
owner of any other Assessor's Parcel within AIea C of the cm.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amOllnt of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the cm
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amOllnt of
the Special Tax levied on such Assessor's Parcel. If following such consultation and action, if
any, by the cm Administrator, the landowner or resident believes such error still exists,
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Ordinance No. 3059
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such person may file a written notice with the City Clerk of the City appealing the amount of
the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the::
City Clerk shall forward a copy of such notice to the City Manager who shall establish as part
of the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations r~tive to the
annual admi.n.istration of the Special Tax and any landowner or resident appeals, as hereic
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 rime as ordinary ad .akmm property taxes; provided, however, that the CFD
Admi.n.istrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of Area C of the cm
or as otherwise determined appropriate by the CFD Administrator.
G. TERM DF SPECIAL TAX
Taxable Property in Improvement Area C of the CFD shall remain subject to the Special
Tax in perpetuity.
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Ordinance No. 3059
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Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and management
of the public or private property within boundaries of the Otay Ranch Preserve, as such
boundaries may be modified from time to time, required by the Resource Management Plan
to be maintained as open space or habitat preservation land or both. Such maintenance,
operations and management shall include, but not be limited to, the following:
(i) Preserve Maintenance. Development, implementation and ongoing
provision of programs to maintain, operate and manage preserve
habitat values through: cultivation, itrigation, trimming, spraying,
fertilizing, and/or treatment of disease or injury; removal of
trimmings, rubbish, debris and other solid waste; maintenance of
trails; removal and control of exotic plant species (weeds); and
control of cowbirds through trapping.
(ll) Security. Development, implementation and ongoing provision of
security programs to: enforce "no trespassing" rules; curtail activities
that degrade resources, such as grazing, shooting, and illegal
dumping; remove trash, litter, and other debris; control access;
prohibit off-road traffic; and maintain fences and trails.
(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 description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation
land within the Otay Ranch Preserve may be modified from time to time as necessary in
order to effectively provide such services in compliance with the requirements of the
Resource Management Plan.
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Ordinance No. 3059
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Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting progr= consistent with the Resource
lviallilgement Plan to identify changes in the quality and quantity of preserve resourCeS
including wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring is g=eral in nature. The actual
monitoring and reporting program truly be modified from time to time as necessary in order
to effectively provide such services consistent ",,~th the requirements of the Resource
Management Plan.
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