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HomeMy WebLinkAboutReso 2002-010 RESOLUTION NO. 2002-010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), MAKING F1ND1NGS AND DETERMINATIONS AND SUBMITTING THE QUESTION OF INCREASING THE AUTHORIZED BONDED INDEBTEDNESS FOR IMPROVEMENT AREA A OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) TO THE QUALIFIED ELECTORS OF SUCH IMPROVEMENT AREA; CALLING A SPECIAL ELECTION AND ESTABLISHING PROCEDURES AND CONDITIONS FOR CONDUCTING SUCH AN ELECTION WHEREAS, the City Council of the City of Chula Vista has previously undertaken proceedings to form Community Facilities District No 2001-1 (San Miguel Ranch) (the "District"), to establish two improvement areas therein designated as Improvement Area A and Improvement Area B, and to authorize the issuance by the District of bonds for each improvement area pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (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 State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to finance the acquisition of certain authorized facilities; and WHEREAS, pursuant to the Act a ballot proposition was submitted to the qualified electors of Improvement Area A to authorize the issuance of bonds for Improvement Area A in the maximum principal amount of $13,500,000 (the "Existing Bond Authorization") to be secured by the levy of special taxes on properties within Improvement Area A of the District; and WHEREAS, the qualified electors voted to authorize the issuance of bonds in a maximum principal amount not to exceed the Existing Bond Authorization; and WHEREAS, subsequent to the initiation of the proceedings to authorize the issuance of bonds for Improvement Area A it was determined that the actual principal amount of bonds necessary to be issued for Improvement Area A to finance the authorized public facilities is $15,000,000 rather than $13,500,000; and WHEREAS, the owners of property within Improvement Area A of the District have requested that the City Council, acting in its capacity as the legislative body of the District, initiate proceedings to consider altering the Existing Bond Authorization to increase such authorization to $15,000,000 to ensure that the District may issue bonds in the principal amount necessary to finance the authorized public facilities; and WHEREAS, on December 17, 2001, pursuant to the provisions of the Act, the City Council, acting as the legislative body of the District, adopted its resolution declaring its Resolution 2002-010 Page 2 intention to consider the increase in the Existing Bond Authorization as requested by the owners of such property; and WHEREAS, by the adoption of such resolution the City Council set the time and place for a public hearing on such proposed increase in the bond authorization for Improvement Area A; and WHEREAS, on January 15, 2002, the City Council held such public hearing and heard the testimony of all interested persons or taxpayers for or against the proposed increase in the bond authorization for Improvement Area A; and WHEREAS, no registered voter residing within Improvement Area A filed a written protest against the proposed increase in the bond authorization for Improvement Area A; and WHEREAS, no owner of land in the territory included in Improvement Area A and not exempt from the special tax filed a written protest against the proposed increase in the bond authorization for Improvement Area A; and WHEREAS, the City Council desires to submit the question of the proposed increase in the Existing Bonded Authorization for Improvement Area A to the qualified electors of Improvement Area A; and WHEREAS, less than twelve persons have been registered to vote within the territory of Improvement Area A for each of the ninety days preceding the close of the public heating, therefore, the qualified electors of Improvement Area A shall be landowners, as such term is defined in the Act, of property within Improvement Area A who are the owners of record of such property at the close of the hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Findings and Determinations. It is hereby determined by the City Council that: A. Less than fifty percent of the registered voters residing within Improvement Area A filed written protests against the proposed increase in the Existing Bond Authorization and the owners of less than one-half of the area of land in the territory included in Improvement Area A and not exempt from the special tax flied written protests against the proposed increase in the Existing Bond Authorization and, therefore, a majority protest within the meaning of the Act to the proposed increase in the Existing Bond Authorization has not been filed. B. Less than twelve registered voters have resided within the territory of Improvement Area A for each of the ninety days preceding the close of the public hearing, therefore, pursuant to the Act the qualified electors of Improvement Area A shall be the landowners Resolution 2002-010 Page 3 of Improvement Area A as such term is defined in Govemment Code Section 53317(0 and each landowner who is the owner of record as of the close of the public heating, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Improvement Area A. C. The time limit specified by the Act for conducting an election to submit the proposed increase in the Existing Bond Authorization to the qualified electors of Improvement Area A and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Improvement Area A. D. The City Clerk, acting as the election official, has consented to conducting any required election on January 17, 2002, a date which is less than 125 days following the adoption of this Resolution. SECTION 3. Call of Special Election. There is hereby called and ordered to be held in Improvement Area A on Thursday, January 17, 2002, a special election for the purpose of submitting the question set forth in Section 4 below to the qualified electors of Improvement Area A. Except as otherwise provided by the Act, the laws of the State of California regulating municipal elections, insofar as they may be applicable, shall govern this election. SECTION 4. Ballot Question. The City Council, pursuant to its right and authority as the legislative body of the District, does order submitted to the qualified electors of Improvement Area A at such special election the following question: Question 1. Shall the authorized bonded indebtedness for Improvement Area A of Community Facilities District No. 2001-1 (San Miguel Ranch) be increased from $13,500,000 to $15,000,000 subject to the accountability requirements set forth in Resolution No. 2001-416 and for the single purpose set forth in Resolution No. 2001-416? SECTION 5. Required Vote. The appropriate mark placed in the voting square after the word "YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in the voting square after the word "NO" in the manner as authorized, shall be counted against the adoption of such proposition. The above question shall be deemed approved only upon such question receiving the affimaative vote of 2/3rds of the votes cast thereon. SECTION 6. Designation of Election Official. Thc City Clerk is hereby designated as the election official for such election and is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct such election. The Election Official shall perform and render all services and proceedings incidental to and connected with the conduct of the election, which services shall include, but not be limited to, the following activities as are appropriate to the ejection: Resolution 2002-010 - Page 4 A. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. B. Cause to be printed the requisite number of official ballots, tally sheets and other necessary forms. C. Furnish and address official ballots for the qualified electors of the Improvement Area. D. Cause the official ballots to be delivered to the qualified electors or their authorized representatives, as required by law. E. Receive the returns of the election and supplies. F. Sort and assemble the election material and supplies in preparation for the canvassing of the returns. G. Canvass the returns of the election. H. Furnish a tabulation of the number of votes given in the election. I. Make all arrangements and take the necessary steps to pay all costs of the election - incurred as result of services performed by the District and pay costs and expenses of all election officials. J. Conduct and handle all other matters relating to the proceedings and conduct of the election in the manner and form as required by law. SECTION 7. Time of the Election. Such election shall take place immediately following the adoption of this Resolution and all ballots must be received not later than 5:00 pm on the date of the election; provided, however, the Election Official may close the election prior to such time if all of the qualified electors have voted. SECTION 8. Canvas of Ballots. The canvass of the measures to be voted on is ordered to be made by the City Clerk. The City Clerk shall complete the canvass of the measure irmuediately following the close of the election at which the measure is voted on and shall certify the results to the City Council on that day. SECTION 9. Effective Date of Resolution. This resolution shall be become effective immediately upon its passage. Except for the proposed increase in the Existing Bond Authorization, the approval of this resolution shall have no effect upon the terms of Resolution No. 2001-416 which shall remain in full force and effect. Resolution 2002-010 Page 5 Prepared by Approved as to form by J/6hn P. Lippitt ' ~ Joh~ M. Kaheny '~ Public Works Director CVf~y Attorney ~ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of January, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, S alas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horton, ~Iayor ATTEST: Susan Bigelow, City Clerk u STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-010 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of January, 2002. Executed this 15~h day of January, 2002. Susan Bigelow, City Clerk - R2002-010 MUU¥I FAMILY DWELLING LAUDERBACH ELEMENTARY ?\ SCHOOL SINGLE EAMB.y DWELLING PALOMAR HIGH SCHOOL CHULA VISTA PLANNING AND BUILDING DEPARTMENT ILOCATOR I PROJECT NO~RTH APPLICANI~ EP SCOPAL C }MMUNITY SERVICE,' PROJECT DESCRIPTION: PROJECT 1320 Fourth/,venue iCONDITIONAL USE PERMIT  ADDRESS: I Request: Proposal for addition to existing church ,,, building for licensed child development center SCALE: FILii NUMBER: and preschool. No Scale ~ PCC-01-88 Related Case: IS-O1-O59 j:\home\planning\cherrylc\locators\pccO' 88.cdr 7.10.01 EXHIBIT A