HomeMy WebLinkAboutReso 2017-249RESOLUTION NO. 2017-249
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF
FINANCING PROGRAM), DECLARING THE RESULTS OF A
SPECIAL ELECTION IN THAT TERRITORY DESIGNATED
AS COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM),
ANNEXATION NO. 2017-01 (URBANA), AND ADDING
SUCH TERRITORY TO THE DISTRICT
(Annexation No. 2017-01)
WHEREAS, the City Council of the City of Chula Vista, California (the "City Council")
has previously formed Community Facilities District No. 17-I (Western Chula Vista DIF
Financing Program) ("CFD No. 17-I") pursuant to the Mello -Roos Community Facilities Act of
1982 (the "Act"), as amended, 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") for
the purpose of financing the payment of certain development impact fee obligations; and
WHEREAS, acting pursuant to the Community Facilities District Law, the City Council
also authorized by the adoption of Resolution No. 2016-051 (the "Resolution Authorizing Future
Annexation") the annexation in the future of territory to CFD No. 17-I, such territory designated
as Future Annexation Area, Community Facilities District No. 17-I (the "Future Annexation
Area"); and
WHEREAS, the owner of that property located at 371, 385, and 395 H Street which is
within the Future Annexation Area made application pursuant to the Community Facilities
District Law to annex such territory to CFD No. 17-I and such property has been designated as
ANNEXATION NO. 2017-01 (the "Territory"); and
WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFD
No. 17-I has been received from the property owner of the Territory, and
WHEREAS, less than twelve (12) registered voters have resided within the Territory for
each of the ninety (90) days preceding the election date established for the Territory, therefore,
pursuant to the Act, the qualified elector of the Territory shall be the "landowner," as such term
is defined in Government Code Section 53317(f), of such Territory and such landowner who is
the owner of record as of the applicable election date, or the authorized representative thereof,
shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns
within such Territory; and
Resolution No. 2017-249
Page No. 2
WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the Territory to the qualified elector thereof and the requirements for
impartial analysis and ballot arguments have been waived with the unanimous consent of the
qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be
distributed to the qualified elector of the Territory, has received and canvassed such ballot, and
has made a report to the City Council regarding the results of such canvass, a copy of which is
attached as Exhibit "A" hereto and incorporated herein by this reference; and
WHEREAS, at this time, the measure has been voted upon and such measure did receive
the favorable vote of the qualified elector of the Territory, and the City Council desires to declare
the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2017-
01 (the "Annexation Map"), a copy of which is attached as Exhibit "B" hereto and incorporated
herein by this reference, has been submitted to this legislative body; and
WHEREAS, the City has retained the services of Best, Best and Krieger, LLP as special
counsel to provide assistance during the annexation proceedings, including the review of this
resolution and associated staff report.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Chula Vista, California, acting as the legislative body of Community Facilities District No. 17-I,
as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the
Territory to CFD No. 17-I has been given by the owner of the Territory and such consent shall be
kept on file in the Office of the City Clerk of the City of Chula Vista.
B. Less than twelve (12) registered voters have resided within the Territory for each
of the ninety (90) days preceding the election date established for each of the parcels located
within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be
the "landowner" of the Territory as such term is defined in Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 17-I.
Section 3. Territory. The boundaries and parcels of property within the Territory and
on which special taxes will be levied in order to finance the payment of development impact fees
which will pay for public facilities are shown on the Annexation Map as submitted to and hereby
approved by this legislative body.
Resolution No. 2017-249
Page No. 3
Section 4. Declaration of Annexation. This legislative body does hereby determine
and declare that the Territory, and each parcel therein, is now added to and becomes a part of
CFD No. 17-I. The City Council, acting as the legislative body of CFD No. 17-I, is hereby
empowered to levy the authorized special tax within the Territory.
Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be
given as follows:
A. A copy of the Annexation Map as approved shall be filed in the Office of
the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation)
shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the
date of adoption of this Resolution.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
Presented by Approved as to form by
ezz-
Eric
'2- C. Crockett,
Director of Economic Development
len R. ooglns,
y� rney
Resolution No. 2017-249
Page No. 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of December 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
Kerry . Bigelo ,MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-249 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of December 2017.
Executed this 19th day of December 2017.
Kerry K. Bi ow, -MN0, City Clerk
Resolution No. 2017-249
Page No. 5
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government 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
COMMUNITY FACILITIES DISTRICT NO. 17-1
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
SPECIAL ELECTION
ANNEXATION NO. 2017-01
held on the election date established for each parcel located within the territory included in Annexation
No. 2017 — 01.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
area proposed to be annexed to Community Facilities District No. 17-I (Western Chula Vista DIF
Financing Program) for or against the Measure are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES 2
NO 0
WITNESS my hand this 19th day of December, 2017.
Lea�
C Y CLE '
ELECTIO OFFICIAL
CITY OF CHULA VISTA
OF THE STATE OF CALIFORNIA
EXHIBIT "B"
ResolutionNo.2017-249
Page No.
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