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HomeMy WebLinkAboutOrd 1998-2730ORDINANCE NO. 2730 AN ORDINANCE OF THE CITY OF CHULA VISTA ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINANCE WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter city duly organized and existing under a freeholder's charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Constitution") and the Charter of the City (the "Charter"); and WHEREAS, the Mello-Roos Community Facilities Act of 1982, as amended (the "Mello- Roos Act"), provides the City with an alternative method of financing certain public capital facilities and services, especially in developing areas and areas undergoing rehabilitation; and WHEREAS, the Mello-Roos Act authorizes the establishment of a community facilities district to finance the maintenance of parks, parkways and open space but does not expressly authorize a community facilities district to finance habitat maintenance and the monitoring of biological resources and certain maintenance and services authorized to be financed through the Landscaping and Lighting Act of 1972; and WHEREAS, the City Council of the City, acting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of the Constitution and the Charter, finds that the public interest and necessity require the enactment of this ordinance to authorize, and establish the authorization and procedure for, the formation of community facilities districts by the City to finance such additional public services not authorized by the Mello-Roos Act as the City Council may deem necessary. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1. Declaration of Policy. It is hereby declared to be the policy of the City to permit the financing of public services pursuant to the authorization and procedure set forth in this Ordinance as well as by any other method permitted by law. This ordinance is enacted pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and under the Charter. SECTION 2. Short Title. This Ordinance shall be known as and may be cited as the "City of Chula Vista Community Facilities District Ordinance." SECTION 3. Authority and Procedure. Whenever the public interest and necessity so require, the City Council of the City may, acting under and pursuant to this Ordinance, establish a community facilities district as provided for in the Mello-Roos Act. Except as otherwise provided in the Ordinance, the provisions of the Mello-Roos Act, now in effect or as such act may be amended from time to time, are hereby incorporated in this Ordinance by this reference and made a part hereof. SECTION 4. Provisions Not Exclusive. This provisions of this Ordinance are not exclusive. The power and authority conferred upon the City Council by the provisions of this Ordinance 2730 Page 2 Ordinance are in addition to and supplemental to the powers conferred by the Charter, any other ordinance of the City or law. Additionally, the City Council may elect to follow the procedures now or hereafter provided by general law, including without limitation, the Mello- Roos Act; provided, however, that whenever the City is acting pursuant to this Ordinance the provisions of this Ordinance shall be controlling to the extent that they are in conflict with any of the provisions of such general law. SECTION 5. Amendments to Mello-Roos Act. A. The services authorized to be financed pursuant to Government Code Section 53313 are hereby amended to add and include:: 1. The maintenance, operation and management of public property in which the City of Chula Vista has a property interest in or private property that is required to be dedicated or maintained as open space or for habitat preservation or both. Such property may be located outside the boundaries of the applicable community facilities district and outside the jurisdictional boundaries of the City. Such maintenance, operation and management shall mean the furnishing of services and materials for the ordinary and usual maintenance, operation and management of any open space or habitat area as may be required by the City or other public agency charged with the responsibility to maintain, operate or manage any such area. Such services may include but shall not be limited to the following: (a) Repair, removal or replacement of any improvement, structure or facility necessary or convenient to the maintenance, operation or management of the open space or habitat area; (b) Providing for the life, growth, health, and beauty of habitat, including cultivation, irrigation, trimming, spraying, fertilizing, or treating of disease or injury; (c) The removal to trimmings, rubbish, debris, and other solid waste; (d) The operation and management of open space and natural habitat, including biological monitoring and evaluation of collected data; (el The conduct of biological activities necessary to sustain the species being protected; and (f) The operation and maintenance of pedestrian bridges and community gardens within or appurtenant to such open space or habitat area(s). 2. The maintenance and/or servicing of "improvements" as such term is defined in Streets and Highways Code Section 22525. In addition to those improvements identified in Streets and Highways Code Section 22525, the term "improvements" shall also include pedestrian bridges. For purposes of this paragraph 2, the term "maintenance" shall have the meaning given such term in Streets and Highways Code Section 22531 and the term "servicing" shall have the meaning given such term in Streets and Highways Code Section 22538. All terms contained in Streets and Highways Code Sections 22531 and 22538 which are defined in Article Ordinance 2730 Page 3 2 of Chapter 1, Part 2, Division 15 of the Streets and Highways Code shall have the meaning given to such terms in such code. B. Any community facilities district established for one or more of the purposes authorized in Government Code Section 53313 or in paragraphs A.1. or A.2. above may establish maintenance or service zones or areas within such district to facilitate the provision and administration of such services. C. At the time a community facilities district is formed to provide any of the services authorized pursuant to paragraphs A.1. or A.2. above or territory is annexed to an existing community facilities district which was formed to provide any of the services authorized pursuant to paragraphs A. 1. or A.2. above, the owner or developer of the property within such newly formed community facilities district or the territory annexed to an existing community facilities district shall be responsible for providing such services or causing such services to be provided for a minimum period of one year from the date of formation of such community facilities district or the date of annexation of such territory to an existing community facilities district, respectively, or if required by the City Manager, until such later time as the open space or habitat area and/or the improvements which are to be financed from special taxes to be levied within such newly formed community facilities district or such territory annexed to an existing community facilities district are accepted by the City Manager or his or her designee. For each community facilities district formed to provide any of the services authorized pursuant to paragraphs A.1. or A.2. above, there shall be established and maintained an operating reserve fund in an amount not to exceed one hundred percent (100%) of the annual maintenance, operations and management budget for each such community facilities district for any fiscal year. The rate and method of apportionment of the special tax for any such community facilities district shall provide that the special tax may be levied on all taxable property within the community facilities district prior to the acceptance by the City or other public entity for operation, maintenance and management of the open space or habitat areas and/or improvements to be operated, maintained and managed from the proceeds of the special taxes in order to initially fund the operating reserve fund at an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations and management budget for the first fiscal year following acceptance of such areas or improvements. If the areas and/or improvements are to be accepted incrementally, the operating reserve fund shall be initially funded incrementally in an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations and management budget for the first fiscal year following acceptance of such increment of the areas and/or improvements. A precondition to the acceptance of any open space or habitat area and/or improvements by the City or another public entity for operation, maintenance and management shall be that the operating reserve fund for such area or improvements must have been funded at an amount equal to one hundred percent (100%) of the annual budget for the operation, maintenance and management of such area and/or improvements for the fiscal year following the acceptance thereof (the "Reserve Fund Requirement"). The rate and method of apportionment of the special tax shall further provide that following acceptance of the areas and/or improvements or any increment thereof the proceeds of the annual special tax levy may be used to replenish the operating reserve fund to the Reserve Fund Requirement provided that the annual special tax levy shall not exceed the authorized maximum special tax for such fiscal year. Such operating reserve shall be maintained for and may be used to provide necessary operating Ordinance 2730 Page 4 revenue for the first six (6) months of each fiscal year and to pay for extraordinary unbudgeted expenses occurring during any fiscal year. SECTION 6, Effective Date. This Ordinance shall take effect and be in full force on the thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City as required by law, Presented by: Joh P. Lippitt/'//~ Dir~Public Works Approved as to form by: .... %~ Kaheny ey Ordinance 2730 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of April, 1998, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Moot, Padilia, Rindone, Salas, and Horton None None None ATTEST: Beverly~A/' AutHelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2730 had its first reading at a regular meeting held on the 28th day of April, 1998 and its second reading and adoption at a regular meeting of said City Council held on the 28th day of April, 1998. Executed this 28th day of April, 1998.