Vallejo Municipal Code Ch. 14.45 City of Vallejo—mare Island Services Financing Code

This chapter shall be known and may be cited as the "City of Vallejo-Mare Island Services Financing Code" (the "code'").

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

This code is adopted pursuant to Sections 3, 5 and 7 of Article XI of the Constitution (the "Constitution") of the state of California and the Charter of the city (the "Charter'"). In proceedings had pursuant to this code which are a municipal affair, any general laws referred to in this code are deemed a part of this code. In the event that any proceeding had pursuant to this code shall be adjudged a state affair, it is declared to be the intention that the proceedings were had pursuant to any applicable general law or laws. In that event, the provisions of this chapter that are inconsistent with general law shall be stricken, and, the council declares that its actions shall be construed to have been taken under such general laws.

This code provides an alternative method of financing the services. The provisions of this code shall not affect or limit any other provisions of law authorizing or providing for the furnishing of services, or the raising of revenue for these purposes. The city may use the provisions of this code instead of, or in conjunction with any other method of financing part of all of the cost of providing the authorized kinds of services. When proceeding under this code, only its provisions need be followed.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Any provision in this code which conflicts with any general law or act shall prevail over the other such provision in connection with any proceedings taken pursuant to this code.

In the event any portion of this code shall be declared illegal, unenforceable, or unconstitutional, such provision shall be deemed severable from the rest of the provisions of this code.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The city council may take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of this code and which are not otherwise prohibited by law. Any procedure not expressly set forth in this code, but deemed necessary or convenient to carry out any of its purposes, is authorized.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Any proceedings taken or special tax levied pursuant to this chapter shall not be held invalid for failure to comply with the provisions of this chapter provided such failure is not a constitutional defect.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The remedies provided in this chapter for the enforcement of any special tax levied pursuant to this chapter are not exclusive, and additional remedies may be provided at any time.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Proceedings under this chapter may be abandoned at any time prior to the levy of special taxes.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

This chapter is to be liberally construed to effectuate its purposes to provide funding for the services on Mare Island with minimal effect to the city's general fund. In this regard and for interpreting the purposes of this chapter, the city council refers any reviewing authority to the city's authorities over land use and other planning activities, including the city's Final Reuse Plan and Specific Plan for Mare Island.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The Mello-Roos Community Facilities Act of 1982 (commencing with Section 53311 of the California Government Code) (the "Act"), as amended from time to time, is incorporated in and made a part of this chapter. Except as otherwise provided by this chapter, the mode and manner of making improvements and for levying and collecting special taxes shall be as prescribed in the Act.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

It is hereby specifically provided that proceedings under this chapter shall be exclusively for the provisions of the services and the provisions of Section 53312.7 of the Act, relating to goals and policies, shall not apply.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Under this chapter, the following shall apply in addition to those in the Act:

A. "Facilities" means and includes the installation, construction, planting and/or acquisition of any public or private facility as defined in the Act and any or all of the following: (1) landscaping, including trees, shrubs, flowers, groundcover, grass or other ornamental and/or erosion control or privacy or buffer or "back-on" landscaping or vegetation, irrigation systems and controls, statuary, fountains, water features or other ornamental structures, fencing, soundwalls or other barriers; (2) lighting facilities, whether related to landscaping, streets (as defined below) or otherwise including all overhead and below-ground structures, boxes, transformers, standards, electroliers, switches and controls; (3) streets, including any street, highway, road, bridge, causeway, viaduct, alley, lane, boulevard, pedestrian mall, pedestrian paths and promenade, parkway, bicycle or pedestrian path, trail, gutters, sidewalks with or without curbs and gutters, railway line, including tracks, ties, ballast, switches, signals, crossing gates and appurtenances, or other way, channel or space dedicated to or used for travel and all appurtenances including medians, street trees, soundwalls, traffic signals and warning devices, street signs and street lights; (4) parks, including recreational facilities, play fields, park or recreation administrative or neighborhood community center facilities, open space, natural areas hiking trails and access points; (5) water and sewer facilities, including mains, valves, fittings, fire hydrants, pumps, reservoirs, controls, drains, tunnels, sewers, conduits, culverts, and channels for drainage purposes with necessary outlets, manholes, catch basins, flush tanks, septic tanks, disposal plants, connecting sewers, ditches, drains, conduits, channels, treated effluent dispersal sites and appurtenances; (6) flood control and storm drainage facilities, including pipes, mains, channels, weirs, bulkheads, retention and detention basins, drop inlets, headwalls, dikes, levees, rip-rap, vegetation and appurtenances; (7) riparian habitat, including marshes, wetlands, ponds, streams, including stream courses, vegetation and related features; (8) waterfront features, including boat ramps, piers, wharves, docks, including ferry slips, access ways, walkways and related facilities; (9) security and safety facilities, including fire stations, police stations, paramedical facilities, security posts, and stations, including related vehicles, equipment and communication facilities; and (10) vehicle parking facilities, including surface lots and parking structures, including related gates, controls, landscaping, toll-collection facilities and signage.

B. "Incidental expenses" means and includes, together with any and all costs incidental to the creation of the district or any annexation thereto, including costs of reports, publications, notices, city staff, engineers, attorneys, special tax consultants and other required consultants, planning, designing, constructing or acquiring the improvements, including any environmental evaluations and all costs and expenses incurred in connection with the administration of a district created pursuant to this chapter or with the enforcement of the duty of a property owner pursuant to this code to maintain or repair any improvement, including but not limited to compensation of any attorney and/or consultant employed to render services in connection with such district or such enforcement proceedings.

C. "Services" means and includes any "services" as defined in the Act and any activities that may be necessary and/or convenient for the care and preservation of the facilities described in Subsection A above, including, without limitation, any related studies, testing, monitoring, weed abatement, vector control and/or abatement, riparian habitat restoration and/or preservation, dredging, desiltation, any measurers required to prevent or remediate any soil movement or slippage and the removal or remediation or prevention of any hazardous substance released or threatened to be released into the environment in or near any facility and the maintenance repair, replacement or removal of any improvement, providing for the life, growth, health and beauty of landscaping, including replacement, cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury, removal of debris, rubbish, trimmings, or other solid waste, the maintenance and repair of pedestrian and bicycle paths and trails, cleaning, sandblasting and painting of walls or other improvements to remove graffiti.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The name of any district created under this chapter shall be substantially as follows: "City of Vallejo, Community Facilities District No.___ - ___ (Mare Island Services)." Districts created hereunder shall be deemed financing districts and not separate governmental agencies, distinct from the city.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Community facilities districts may be created pursuant to this chapter within the territorial jurisdiction of the city, or upon compliance with the procedures set forth in Sections 5115 through 5118 of the Streets and Highways Code, may extend beyond the territorial limits of the city.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Any agreement by and between the city and another public agency for the financing, ownership and/or operation and/or maintenance of any facility or the provision of any of the services may be entered into at any time (before or after adoption of any resolution of formation for any district) at the determination of the city council.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

For purposes of any property-owner voter election, a public agency as owner of property, whether or not such property is leased, shall be deemed a qualified elector and entitled to vote. For purposes of determining electors, any property used primarily for hotel or residential hotel purposes shall be deemed a commercial and nonresidential use. Under this chapter, except as provided in Section 14.45.160, only owners of fee simple title as shown by the latest equalized tax roll or as otherwise known to the city shall be qualified electors.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Unless otherwise specifically provided in the resolution of intention to establish a community facilities district under this chapter, special taxes shall be levied upon and collected from fee-simple interests in property and not upon any leasehold or possessory interest in land. If the resolution of intention specifically provides for the levy of special taxes upon any possessory or other interest created under a lease or other document, then the following shall apply:

A. If a public agency owning property, including property held in trust for any beneficiary, which is otherwise exempt from a special tax grants a leasehold or other possessory interest in the property to a nonexempt person or entity, the special tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest.

B. When entering into a lease or other written contract creating a possessory interest that may be subject to taxation, pursuant to Section 14.45.160A on or after the effective date of any resolution (or ordinance) levying any special tax under this chapter, the public agency shall include, or cause to be included, in the contract a statement that the property interest may be subject to special taxation pursuant to this chapter, and that the party in whom the possessory interest is vested may be subject to the payment of special taxes levied on the interest. Failure to comply with the requirements of this section shall not, however, invalidate the contract.

C. If the special tax on any possessory interest levied pursuant to Section 14.45.160A is unpaid when due, the tax collector may use those collection procedures which are available for the collection of special taxes on the unsecured roll.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The council may, by resolution, determine that the estimated cost of any services authorized under this code is greater than can be conveniently raised from the single installment or imposition and order that the estimated cost shall be raised by a special tax levied and collected in installments over such period of time as may be set forth in that resolution. Special taxes may be collected upon the county tax roll or in any other suitable manner, including direct billing to property owners or otherwise, as may be prescribed by resolution of the council adopted during or after the proceedings.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Any hearing required may be held not sooner than fifteen days from the date of the resolution ordering such hearing, upon not less than five days published notice. Any published notice shall be sufficient if published one time in a newspaper of general circulation within the city. Any notice of hearing to be published may be in summary form with reference to documents on file in the office of the city clerk for further information. Any hearing may be continued from time to time without further notice, but shall be completed within one year of the original hearing date. Any recording of any map required to occur before the conduct of any hearing shall be sufficient if such recording is completed not less than five days before the date of such hearing. Any hearing may be continued, from time to time, for any reason for a period of not to exceed one year from the original date of such hearing.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

For purposes of any election herein, unless otherwise waived by unanimous action of all qualified electors, the time for the conduct of the election shall be not less than thirty nor more than one hundred twenty days from the adoption of the resolution of formation or other resolution ordering such election. For purposes of any such elections, the city clerk shall be the election official responsible for conducting and canvassing such election.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The special tax may be levied by resolution and it shall not be necessary to levy the special tax by ordinance. Such resolution (or ordinance) may direct the official of the city who is the chief financial official or other official of the city to annually prepare for and collect the special taxes according to the approved method of special tax apportionment without further, annual action by the council, unless an increase in the maximum tax or other alteration of such method of apportionment is sought.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Notwithstanding any provision of the Act to the contrary, a community facilities district special tax approved by the vote of landowner may finance any or all services authorized by the chapter, whether or not such services are in addition to those already provided in the territory of the community facilities district before such district was created. Under this chapter, any additional services may supplant services already available in the community facilities district when such district was created.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

Any procedures for the appeal of a special tax levied after formation of or annexation to a community facilities district shall be as provided in the rate and method of apportionment of such special tax as approved as part of the formation or annexation process and not otherwise. Such procedures may provide for the appeal of the annual levy of special taxes to the director of finance or other official of the city responsible for the collection of the special taxes and grounds upon and times within such appeals must be made. There shall be no appeal from the decision of the appointed official to the council or other official of the city.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

The validity of any special tax approved and levied under this code shall not be contested in any action or proceedings unless the action or proceeding is commenced within thirty days after effective date of any resolution (or ordinance) providing for the levy of such special tax. Thereafter, a special tax may be contested only for the purpose of challenging the accuracy of computation of the special tax. Any appeal from a final judgment in the action or proceeding shall be perfected within thirty days after the entry of judgment. For purposes of this chapter, only owners of fee-simple title (unless Section 14.45.160A-C applies) to properties subject to special taxes shall have standing to bring a suit or challenge to the imposition of the special taxes or the method of levy of such taxes and tenants, lessees or holders of possessory interests (unless Section 14.45.160A-C applies) shall have no standing to challenge the validity of or imposition of any special tax hereunder.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)

If any provision of this chapter is declared invalid by a court of competent jurisdiction, such declaration shall not affect the enforcement of any other provision of this chapter.

(Ord. 1471 N.C.(2d) § 2 (part), 2002.)