1 RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY
RANCH VILLAGE 3)
(ANNEXATION NO. 1)
WHEREAS, the City Council of the City of Chula Vista, California, (“City Council”), formed 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 (the “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 Sta te of California (the “Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). The Community Facilities District has been designated as Community Facilities District No. 18M (Otay Ranch Village 3) (the “District”); and WHEREAS, the District was formed for the purpose of financing the maintenance and replacement of (a) landscaping, including, but not limited to, trees, slopes, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; and (d) trails within the Otay Ranch Village 3 master planned community; and WHEREAS, certain territory identified as a part of Otay Ranch Village 3 is proposed to be annexed to the District and such territory shall be known and designated as Community Facilities District No. 18M (Otay Ranch Village 3) Annexation No. 1 (the “Territory”); and WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex the Territory to the District, to describe the territory included within the District and the Territory proposed to be annexed thereto, to specify the services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District; and WHEREAS, a map showing the Territory proposed to be annexed has b een submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby declares its intention to authorize the annexation of territory to Community Facilities District No. 18M (Otay Ranch Village 3).
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Legal Authority. These proceedings for annexation are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. 2 SECTION 3. Intent to Annex; Description of Territory. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this City Council declares its intention to annex the Territory to the District.
A description of the boundaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to the District, as such property is shown on a map as previously approved by this legislative body, such map entitled “Annexation Map No. 1 of Community Facilities District No. 18M (Otay Ranch Village 3), City of Chula Vista, County of San Diego, State of California” (the “Annexation Map”), 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 wi thin the District, as such property is shown on the map of the original District as approved by this City Council and designated by the name of the original District. A copy of such map is on file in the Office of the City Clerk and has also been filed in the Office of the County Recorder.
SECTION 4. Name. The proposed annexation shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3) ANNEXATION NO. 1.
SECTION 5. Services Authorized to be Financed by the District. The services that are authorized to be financed by the District from the proceeds of special taxes levied within the District are certain services which are in addition to those provided in or required for the territory within the District, and will not be replacing services a lready available. A general description of such services to be financed by the District is as follows:
(a) landscaping, including, but not limited to, trees, slopes, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; and (d) trails within the Otay Ranch Village 3 master planned community;
A more complete description of such services may be found in Exhibit A to this Resolution.
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 the District 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 the District and the Territory.
3 SECTION 6. Special Taxes. It is the further intention of this City Coun cil that, except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit B (the “ Rate and Method ”), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in the District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the service s in the Territory is higher or lower than the cost of providing those services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher tha n the maximum special tax authorized to be levied pursuant to the Rate and Method.
The special taxes herein authorized, to the extent possible or unless otherwise determined by the CFD administrator, shall be collected in the same manner as ad valorem prope rty 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. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the CFD Administrator.
The maximum special tax rate in the District shall not be increased as a result of the annexation of the Territory to the District.
SECTION 7. Public Hearing. NOTICE IS GIVEN THAT ON TUESDAY, APRIL 12, 2022, AT THE HOUR OF 5:00 P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE,
CHULA VISTA, CALIFORNIA, OR VIA VIDEO CONFERENCE OR TELECONFERENCE
AS DIRECTED BY THE CITY DUE TO PUBLIC HEALTH CONCERNS, A PUBLIC
HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE
AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT ,
THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO
BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FOR TH IN THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR
OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY
OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE.
ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE 4 TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
SECTION 8. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or (d) owners of one-half or more of the area of land included in the Territory, file written protes ts against the proposed annexation of the Territory to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issue discussed at the public hearing.
SECTION 9. Election. Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation of the Territory, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; provided, however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory.
SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in the legally designated newspaper of general circulation, pursuant to Section 6061 of the Government Code, with sai d publication to be completed at least seven (7) days prior to the date set for the public hearing.
PRESENTED BY: APPROVED AS TO FORM BY:
_________________________ ____________________________ Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
1 EXHIBIT A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 18M
(OTAY RANCH VILLAGE 3)
Description of Services
The types of services (the “Services”) to be funded by special taxes levied within CFD No. 18M shall include maintenance, servicing and replacement of (a) landscaping, including, but not limited to, trees, shrubs, grass, other ornamental vegetation located in or on slopes, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; and (d) trails (collectively, the “Improvements”) located in public right -of-way, property owned by the City of Chula Vista (“City”) or property over which the City has an easement authorizing the City to maintain such landscaping, facilities, walls and fencing and trails.
For purposes of this description of the Services to be funded by the levy of Special Taxes w ithin CFD No. 18M, “maintenance” includes, but is not limited to, the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any of the Improvements, including:
(a) Repair, removal, or replacement of all or any part of any Improvement. (b) Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. (c) The removal of trimmings, rubbish, debris, silt, and other solid waste. (d) The cleaning, sandblasting, and painting of walls and other Improvements to remove or cover graffiti.
(e) The elimination, control, and removal of rodents and vermin. (f) The maintenance and cleaning of drainage and other storm water control facilities required to provide storm water quality control.
"Service" or "servicing" means the furnishing of:
(a) Electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other Improvements. (b) Water for the irrigation of any landscaping or the operation or maintenance of any other Improvements.
For purposes of this description of the Services to be funded by the levy of Special Taxes within CFD No. 18M, “administrative expenses” means the actual or estimated costs incurred by the City, acting for and on behalf of CFD No. 18M as the administrator thereof, to determine, levy and collect the Special Taxes within CFD No. 18M , including salaries of City empl oyees 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 CFD No. 18M; 2 the costs of collecting installments of the Special Taxes levied within CFD No. 18M; and any other costs required to administer CFD No. 18M as determined by the City.
3 EXHIBIT B
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 18M
(OTAY RANCH VILLAGE 3)
Rate and Method of Apportionment
[insert updated text of RMA]