HomeMy WebLinkAbout2013/09/10 Item 12 ������
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09/10/13 Item_�
ITEA4 TITLE: DECLARE ELECTION RESUZTS REGA.RDI\'G THE
AUTHORIZATION TO LEVY SPECIAL TA.\ES ��'ITHIN
Ai\iVEl.4TION NO. 7 (OTAI' Rr1i\'CH PLA�\'\ING AREA
12) .�\'D ?u\'NEX SUCH TERRITORI' TO COn7�1UNIT1'
FACILITIES DISTRICT \O. 97-2 (PRESER�'E
A1AI\TEN.Ai\'CE DISTRICT) A\� In'IPROVENIENT
AREA "C" THEREOF
RESOLUTION OF THE CITP COL1'CIL OF THE CITY
OF CHULA VISTA, CAL:IFOR\I4, ACTING AS THE
LEGISLATIVE BODY OF C017�ZUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE A4AI\�TEI�ANCE
DISTRICT), DECL�RING THE RESULTS OF A
SPECI_AI, ELECTIO\' IN THAT r1REA DESIGNATED AS
COA��IUNITP FACILITIES DISTRICT NO. 97-2
(PRESERVE i14AINTEN�\�CE DISTRICT),
IA�PROVEA'IENT AREA "C," ANNEXr1TI0\' NO. 7, AND
ADDI�'G SUCH TERRITORP TO SUCH C0�1AN��ITY
FACILITIES DISTRICT AND IiVIPROVED4ENT AREA
SliBT4ITTED Bl': DIRECTOR OF DEVELOPA4EIT SERVICES l�
REVIEW�ED BY: CIT1' n4.�\'AGER ,J�'�,GR� �p`�
�)i �r
4/STHS VOTE: YES NO X
BACKGROiTi�`D
On June 4; 20li, the City Council initiated the Communit}� Facilities District I�TO. 97-2
(Preseme n9aintenance District) ("CFD I�'o. 97-2") annexation proceedings by adoption
of Resolutions 20li-99 and 20li-100 that approved an anneaation map of the temton�
proposed to be anne�ed ("Annexation I�'o. 7') to CFD No. 97-2 and Improvement Area
"C" thereof and declared the intention of the Citv Council to consider such anne�ation.
Annexation I�'o. 7 indudes the temtory ��thin Otay Ranch Planning Area 12. On Auwst
li; 2013; the Cih� Council appro��ed certain findings and authorized the qualified electors
of rinnexation No. 7 to ��ote on the authorization to le�v special taxes thereinb�� adoption
of Resolution 2013-174. On August 20; 2013; a Special Election ���ithin rinnexation No.
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09/10/li, Item �Z
Paee 2 of 3
7 ��as conducted. Tonieht's action is the next step in the formal proceedines to annex
Annexation I�'o. 7 into CFD I��o. 97-Z and Improvement Area "C" thereof. Special taxes
levied ��ithin Improvement Area "C" fund the costs of the Resource Monitoring Proeram
as �+�ell as Preserne Operations and Maintenance consistent with the requirements of the
Otay Ranch Resource Mana�ement Plan Phases 1 and II, plus a pro-rata share of
Administrative Expenses of CFD No. 97-2. The City has retained the services of I�'BS
Govemment Finance Group as special ta�: consultant and Best Best &Krieger LLP; as
legal counsel to provide assistauce during the proceedings.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the Califomia En��ironmental Quality Act (CEQA) and has determined
that the activit}� is not a "Projecr' as defined under Section 15378 of the State CEQA
Guidelines because the creation of government funding mechanism is not considered a
project; therefore, pursuant to Section 15060(c)(3) of tUe State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That Council:
1. Approve the resolution dedaring the iesults of special election and adding such
temtory designated as Annexation I�TO. 7 to CFD No. 97-2 and Improvement Area
::C »
BOARDS/COMAZISSION RECOMn4ENDATION
Not Applicable
DISCUSSION
In July 1998, Council formed Community Facilities District No. 97-2 (Preser��e
Maintenance District). CFD No. 97-2 was originally divided into two Improvement
Areas, Improvement Area "A" and Improvement Area "B, that were designated wben
CFD I�io. 97-2 was formed. Special taxes levied within Improvement Area A fund the
costs of the Resource Monitoring Program as well as Preserve Operations and
Maintenance within the initial boundaries of the Otay Ranch Preserve. Special taxes
levied N�ithin Improvement Area B only fund the Resource Monitoring Program within
that same area. Improveinent Area "C' was designated subsequent to tbe forn�ation of
CFD 97-2 and the designation of ]mpro��ement Areas A and B. Special taxes levied
within hnprovement Area "C" pay for both Preserve Operations and Mainte�ance and the
Resource Monitoring Program consistent with the requirements of the Otay Ranch
Resource Management Plan Phases I and 11 plus a pro-rata share of Administrative
Expenses of CFD No 97-2. It is necessary to annex territory into Improvement Area "C"
of CFD No. 97-2; as such boundaries may be modified from time to time.
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09/10/li, Item�
Paee 3 of 3
Resolution
The Cit�� Clerk, actine as the desienated election official, has held a special election
„ithin the territory proposed to be annexed to CFD I�TO. 97-2, Impro��ement :area "C"_ on
Au�ust 20, 20li at �ti�hich time the qualified electors of such territory, beine the o��mers
of land �vithin such temtory, were entitled to �ote on a ballot proposition to authorize the
le��� of the special ta�:es described above «�ithin such territor��. The results of the election
sbo���ed that the le��• of special tax «rere appro�ed b}� the electors.
There is one Resolution on toda}`s aeenda_ which; if adopted, ���ill accomplish the
follo.vina: y
1. Declaze the results of the special election held on August 20, 2013 for Annesation
No. 7 of CFD 97-2 -
2. Order the annexation of Ota�� Ranch Plannina Area 12 to CFD I�'o. 97-2 and
Improvement Area "C"thereof.
DECISION �ZAKER CONFLICT
Staffhas re��ie�ied the propem� hoidines of the Cin� Council and has found no property
holdinas ���ithin i00 feet of the boundazies of the property ���hich is the subject of this
action.
CL"RRENT 1'EAR FISCAL IA4PACT
Developer is responsible for all costs associated ���ith the Annexation No. 7 to CFD 97-2.
The Citv ti�ill reco��er the full cost of staff time expended in Annexation I�io. 7, thus there
��Rll be no fiscal impact.
O\'GOING FISCAL, 114PACT
The on-eoing administration �ti�ill be funded entirely by CFD \'o. 97-2, therefore there is
no fiscal unpact.
E.l'HIBITS '
A. Certificate of Election Official and Statement of Votes Cast
Prepared b}� Chester Bautista, .9ssociate Civil Engineer, De�-elopment Sen�ices
Deparrntent
H:IDSDl4geudas ald Resot,mosr up m date versian�20131i-?3-?013�AnnerationT'o. i 10 CFD 9i-21CFD 9i-7 election resu(ts
d'afl.dx
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Exhibit A
I
EXHIBIT"A,> �
CERTIF'ICATE OF ELECTION OFFICIAL
I
AND STATEMENT OF VOTES CAST '
i
STATE OF CALIFORNIA ) i
COiJIvTTY OF SAN DIEGO ) ss.
CITY OF CHtiLA VISTA ) �
The undersigned, ELECTIOI�T OFFICIAL OF THE CITY OF CHiJLA VISTA, COUNTY OF I
SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTg'Y that pursuant to the i
pro��isions of Secrion 53326 of the Govemment Code and Division 12, commencing with Section
17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast
at the
CITY OF CHULA VISTA
COIvLMUiv'ITY FACILITIES DISTRICT NO. 97-2 i
(PRESERVE M.AINTENANCE DISTRIC"I) ,
IMPROVEMENT AREA"C"
P.�\�NFXATION AREA N0. 7
SPECIAL�LECTION
in said CiTy,held August 20, 2013. �
I FURTHER CERTTF'Y that this Statement of Votes Cast shows tl�e whole number of votes cast �
in the Annesation Area of the District in said City, and the whole number of votes cast for the
Measure in the Annexation Area of the District in said City, and the toials as shown for the '
Measure are full,true and correct. j
I. TOTAL NU�IvIBER OF VOTES CAST: 3 / I
II. VOTES CAST ON PROPOSITION A: YPS ✓a / �
NO
i
WITN�SS my hand and Official Seal this�day of v,f'Gt.�2013.
_ _.Jry T�
/�����
CITY CLERK
- ELECTTON OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
60?97.00037�8227937.1 .
12-4
RESOLliTION V'O.
RESOLUTION OF THE CITI' COUTCIL OF THE CITI' OF
CHiTL.A VISTA. CALIFORi�TIA. ACTII�'G Ii�' ITS CAPACITI'
AS THE LEGISLATIVE BODl' OF COA�A4Ui�'ITY F.ACILITIES
DISTRICT NO. 97-2 (PRESERVE D4AINTENA\CE �
DISTRICT), DECL.4RI1�'G THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS
CO\4n�iITY FACILITIES DISTRICT I�'O. 97-2 (PRESERVE
MAINTENANCE DISTRICT); IMPROVEMENT AREA "C, '
Pu\TNEXATION \'O. 7 :�\'D :ADDI�G SUCH TERRITORI' TO
SUCH IMPROVEMENT AREA
\�'HEREAS; the CITY COUT'CIL of the CITY OF CHLiLA VISTA; CALIFORi\'lA (the
"Citv Council"); has pre��iously undertal:en proceedings to annes that temtorv identified as Ota�-
Ranch Plannine Area 12 to an existine Community Facilities District and an Improvement Area
desienated therein pursuant to the terms and provisions of the "�4ello-Roos Communitv
Facilities Act of 1982:" beine Chapter 2.�, Part 1; Division 2; Title � of the Go��ernment Code of
the State of Califomia (the "Acr`) and the Citv of Chula Vista Communitv Facilities District
Ordinance enacted pursuant to the po«�ers resen�ed bv the Citv of Chula Vista under Sections 3,
� and 7 of Article XI of the Constitution of the State of California (the "Ordinance') (the Act and
the Ordinance ma�� be referred to collectivel}� as the "Communin� Facilities District La���'). This
Communiri� Facilities District and the Improvement Area aze referred to as COA4MUI�ITY
FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "Districr`)
and I\QPROVEA�\'T AREA "C;" respecti��elv; and such temton proposed to be annesed is
� referred to as ANi�TE�ATION NO. 7 (the "Annexation Area'); and
A'HEREAS. this Citv Council did call for and order to be held an election to submit to
the qualified electors of the Annexation Area a proposition relating to the lev�� of special tases
���itt�in the Anneaation Area: and
\VHEREAS; at this time said election has been held and the measure voted upon and such
measure did recei��e the fa��orable 2/3's ��ote of the qualified electors; and this Citv Council
desires to declaze the results of the election in accordance ���ith the provisions of the Elections
Code of the State of Califomia and to order that the Anneaation Area be added to the District and
Improvement r�.rea "C" thereof.
\'O«'. THEREFORE. THE CITl' COU1'CIL OF THE CITY OF CHULA VISTA.
C:aLIFORi\'IA. ACTII�'G AS THE LEGISLATIVE BODY OF CO\4MUi�TITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE A4AI\TENANCE DISTRICT), DOES HEREBI'
RESOLVE; DECLARE, FIIvD, DETERMINE AND ORDER AS FOLLO�b�S: ,
SECTIO\T 1. The above recitals are all true and correct I
l:l.Attomey�FINAL RESOS AND ORDINA\CES�2013\09 ]0 I3\Resolution Declarine Results of Election re Annesation\'0 7
-CFD No 97-2 Improcement Area C.doc
� 8/26/2013 a25 Pn1
12-5
Resolution No.
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SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTIOI�T OFFICIAL AI�'D STATEMENT OF VOTES CAST, as submitted by the Ciri� Clerk;
acting in her capacity as the Election official, said Statement setting forth the number of��otes
cast in the election, the measure voted upon, and the number of votes given for and/or aeainst the
measure voted upon. A cop}� of said Certificate and Statement is attached hereto; marked
Exhibit"A;" referenced and so incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the pro��isions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
SECTION 4. This City Council does hereby deterniine and declare that the Anneaation
Area is no�i� added to and becomes a part of the District and Improvement Area "C" thereo£ The
City Council hereby further determines that tl�e City Council is now authorized to le��v the
special taxes within the Annexation Area as approved and authorized by_tl�e qualified electors of
the Annexation Area.
Presented By Approved as to form by
�� !/ J'` /
U
Kelley G. Broughton Gle "R G � i
Director of Development Ser,vices '�City ttorney
J:Wttomey\FINAL RESOS AND ORDINANCES\2013\09 10 13\Resolution Declnring Results of Election re Annexation No 7
-CFD No 97-2 Improvement Area C.doc
� 8/26/2013 425 PM
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i
I
EXI3�IT"A"
CERT'IF'ICATE OF ELECTION OFFICIAL (
A2vD STATEb�NT OF VOTES CAST �
i
ST�TE OF CALIFORI��IA ) I
COLRvI'Y OF SAN DIEGO ) ss. �
CITY OF CHLZA�TSTA ) i
Tbe undersigned, ELECTION OFFICIAL OF THE CITY OF CIILTLA VISTA, COUTTI'Y OF
SA�\' DIEGO, STATE OF CAI.IFORNIA; DOES HEREBY CERTIFI' that pwsuant to the
pro��isions of Section �3326 of the Govemment Code and Di��ision 12, commencing v��th Section
17000 of the Elections Code of the Siate of California, I did canvass the retums of the votes cast
at the
CITY OF CHUZ.A VISTA �
COIvL��[iJNITY FACILIT'IES DISTRICT NO. 97-2
(PRESERVE iv1ALNTE�TA.'�10E DISTRIC�
IIvfPROVEMEIvT AREA"C"
A\TTEXATIO\' .4REA NO:7
SPECLIL ELECTION
in said City,held August 20, 2013: �
I FURTHER CERTTFY that this Siatement of Votes Casi sho�vs the whole number of votes cast �
in the Annexation Area of ihe District in said Cii}�, and the w�hole number of votes cast for ihe ;
Measure in the Annexation Area of the District in said City, and the toials as shown for [he !
Ivfeasure are full;true and correct.
I. TOTAL NL-MBER OF VOTES CAST: 3 7
II. VOTES CAST O�T PROPOSITION A I'ES ✓? /
I�TO I
�
i
��TI��ESS my hand and Officia! Seal this�day of 2013. �
3��s,
_ _ � ��
_ _ ___ '
Q�r �
CiTY CLERK .
- ELECTION OFFICIAL
CITY OF CHL7LA VZSTA
STATE OF C.ALIFORNLA !
00??7.0003118221937.1 �
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