Chula Vista Municipal Code Ch. 3.60 Community Facilities Districts – General

COMMUNITY FACILITIES DISTRICTS – GENERAL

Sections:

• 3.60.010 Short title.

• 3.60.020 General intent. 3.60.030 Definitions.

• 3.60.040 Authority and procedure. 3.60.050 Nonexclusivity. 3.60.060 Additional authority.

This chapter shall be known as and may be cited as the “City of Chula Vista Community Facilities District Ordinance.” (Ord. 3458 § 1, 2019).

The City Council intends to permit the financing of public services and facilities pursuant to the authorization and procedure set forth in this chapter, as well as by any other method permitted by law. This chapter is enacted pursuant to the powers reserved to the City under Sections 3, 5, and 7 of Article XI of the California Constitution and the City Charter. (Ord. 3458 § 1, 2019).

“Community facilities district” or “district” shall mean a district formed under this chapter.

“Improvements” means improvements, as defined in Streets and Highways Code Section 22525 and pedestrian bridges.

“Maintenance” means maintenance, as defined in Streets and Highways Code Section 22531.

“Mello-Roos Act” means the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5, commencing with Section 53311 of Part 1, Division 2, Title 5 of the California Government Code).

“Servicing” means servicing, as defined in Streets and Highways Code Section 22538. (Ord. 3458 § 1, 2019).

Whenever the public interest and necessity so require, the City Council of the City may, acting under and pursuant to this chapter, establish a community facilities district as provided for in the Mello-Roos Act, as modified herein. Except as otherwise provided in this chapter, the provisions of the Mello-Roos Act are hereby incorporated in this chapter by this reference and made a part hereof. (Ord. 3458 § 1, 2019).

The provisions of this chapter are not exclusive. The power and authority conferred upon the City Council by the provisions of this chapter 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 chapter the provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of such general law, including the Mello-Roos Act. (Ord. 3458 § 1, 2019).

A. In addition to the services authorized to be financed pursuant to Government Code Section 53313, a district created pursuant to this chapter is authorized to finance:

1. The maintenance, operation and management of public property in which the City of Chula Vista has a property interest, 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 district and outside 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; and

   • b. Providing for the life, growth, health, and beauty of habitat, including the cultivation, irrigation, trimming, spraying, fertilizing, or treating of disease or injury; and

   • c. The removal of trimmings, rubbish, debris, and other solid waste; and

   • d. The operation and management of open space and natural habitat, including biological monitoring and evaluation of data collected; and

   • e. 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); and

   • g. Such other services or facilities as are necessary to fulfill the purpose of this section.

2. The Maintenance and/or Servicing of Improvements.

3. Transportation services.

4. Promotion of public events and tourism; provided, however, the special tax financing any such

promotion shall not be apportioned in any tax year on any property in residential use in such tax year, as determined by the City Council, in its capacity as the legislative body of the district.

5. Security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the City or other service provider.

6. Repair and replacement of facilities the district maintains and/or operates.

• B. The facilities authorized to be financed pursuant to Government Code Section 53313.5 are hereby amended to add and include:

1. Parking improvements.

2. Energy efficiency, water conservation, and renewable energy improvements.

3. Ecological and sustainability educational improvements.

C. Any district established for one or more of the purposes authorized in Government Code Section 53313 or in subsection (A) of this section may establish zones or areas within such district to facilitate the provision and administration of such services.

D. At the time a district is formed to provide any of the services authorized pursuant to subsection (A) of this section or territory is annexed to an existing district which was formed to provide any of the services authorized pursuant to subsection (A) of this section, the owner or developer of the property within such newly formed district or the territory annexed to an existing 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 district or the date of annexation of such territory to an existing 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 district or such territory annexed to an existing district are accepted by the City Manager or his or her designee.

E. For each district formed to provide any of the maintenance and services authorized pursuant to subsection (A) of this section, there shall be established and maintained an annual operating reserve fund in an amount not to exceed 100 percent of the annual maintenance, operations and management budget for each such district for any fiscal year. The rate and method of apportionment of the special tax for any such district shall provide that the special tax may be levied on all taxable property within the district before 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 to initially fund the operating reserve fund at an amount equal to 100 percent 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 funded incrementally in an amount equal to 100 percent 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 100 percent 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 revenue for the first six months of each fiscal year. (Ord. 3458 § 1, 2019).