HomeMy WebLinkAboutReso 2018-235RESOLUTION NO. 2018-235
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), CERTIFYING 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. 2018-02, AND ADDING SUCH
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM)
(Annexation No. 2018-02)
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 288 Center Street, 336 Church Avenue,
338 Church Avenue, and 342 Church Avenue 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. 2018-02 (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 of:
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
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Resolution No. 2018-235
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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
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 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. 2018-
02 (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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, California, acting as the legislative body of CFD 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.
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.
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Resolution No. 2018-235
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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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2018-235
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Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Director of Economic Development City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, 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. 2018-235 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December 2018.
Executed this 11th day of December 2018.
Kerry K. Bigelow, MMC, City Clerk
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CENTER ST
THIRD AVCHURCH AVANNEXATION MAP NO. 2018-02COMMUNITY FACILITIES DISTRICT NO. 17-I(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
PAR CEL A
SH EET 1 OF 1 SH EETS
APN: 568-334-05-00AREA = .143 ACRES
PAR CEL A
APN: 568-334-06-00AREA = .143 ACRES
PARCEL B
APN: 568-334-07-00AREA = .143 ACRES
LEGAL DESCRIPTION
CITY OF CHULA VISTA, COUN TY OF SAN DIEGO, CA
LEGEN D
Ind icate s Boun dary O f Prope rty To Be Anne xe d
Ind icate s Parcel Boun daries
Ind icate s Street Ce nte rline
§
0 30 60 90Feet
SC AL E: 1" = 30'
F S TF
OURTH AVH S T FI
RST AVSECOND AVFI
FTH AVG S T
E S T
D S T
HI
LLTOP DRI S T VICINITY MAP
N
LEGAL DESCRIPTION
Bo undary of pro perty to b e a nnexed lies with in City of Chula VistaCommunity Facilitie s District No . 17-1 (Western Ch ula Vista D IFFinancing Program)
APN: 568-33 4-08-00, 568-33 4-06-00, 568-33 4-05-00 and 56 8-334-0 7-00
PAR CEL A
APN: 568-334-08-00AREA = .143 ACRES
__________________________________________COUNTY RECORD ERCOUNTY OF SAN DIEGOSTATE OF CAL IFORNIA
CERTIFICATES
Filed in the O ffice of the City C lerk o f th e C ity of C hula Vista, Ca lifornia this _______ day ___________, 20 __.
__________________________________________CITY C LERKCITY OF CH ULA VISTASTATE OF CAL IFORNIA
I hereby certify th at the within An nexation Map showin g b ound aries of territory annexed to Community Facilities D istrict No. 17 -I (Western Chula Vista DIF Finan cing Pro gram) of the City of Ch ula Vista, County o f San Diego , Sta te of C alifornia, was approve d b y the City Council o f th e City of Ch ula Vista at a regular mee tin g there of, held on the ________ day of ___________,2 0__, b y its R esolution No. _________. This Annexation Map amend s the boun dary map for City of C hula Vista Community Facilities D istrict No. 17 -I (Western Chula Vista DIF Financing Prog ram), County of San Dieg o, State of California, previo usly re corded on Fe bruary 16, 20 16 as Do cument No. 201 6-7000 074 in Book 45, Pag e 2 6 o f Maps of Assessment a nd Commu nity Facilitie s Districts in the office of the Co unty Re co rd er for the Cou nty of San Diego, California.
__________________________________________CITY C LERKCITY OF CH ULA VISTASTATE OF CAL IFORNIA
Filed this ______ day of ___________, 20__ a t th e h our o f _____ o'clock__.M. in Bo ok _______ o f Maps o f Assessment a nd Commu nity Facilities Districts at pag e _____ in the Office o f th e C ounty Re co rder in the Co unty of San Dieg o, California.
THE LAND REFERRED TO HEREIN BELOW IS SITU ATED IN THECITY O F CH ULA VISTA, IN TH E CO UNTY O F SAN D IEG O, STATE O FCALIFORNIA, AND IS D ESC RIBED AS FOL LOW S:
PARCEL A:APN : 56 8-334-08 -00; 56 8-334-06 -00; 56 8-334-05 -00
LOTS 12 , 14 AND 15 IN BLO CK 4 O F CHU LA VISTA VILLA TRACT NO . 2,IN TH E CITY OF CHULA VISTA, CO UNTY O F SAN D IEG O, STATE O FCALIFORNIA, ACCORD ING TO MAP NO. 1206, FILED IN TH E O FFICEOF THE C OUNTY RECORD ER O F SAN D IEGO COUNTY, SEPTEMBER14, 19 09. EXC EPTIN G THEREFROM, ALL OIL, G AS, AND OTHERHYDROCARBON SU BSTAN CES IN AND UNDER ALL O F THE ABO VEDESCRIBED REAL PR OPERTY, BUT WITHOUT ANY RIG HT TO PENETRATE, USE OR DISTURB THE SURFACE OF SAID PROPERTYOR ANY PORTION OF SAID PROPERTY WITHIN FIVE HUND REDFEET (500’) O F TH E SURFACE THEREOF, AS RESERVED IN G RANTDEED RECO RDED OCTOBER 01, 1990 AS IN STRUMENT NO . 90-5346 05, O F O FFICIAL RECO RDS O F SAID CO UNTY.
PARCEL B:APN : 56 8-334-07 -00
LOTS 13 IN BL OCK 4 O F CH ULA VISTA VILLA TRACT NO . 2, IN THECITY O F CH ULA VISTA, COUN TY OF SAN DIEGO , STATE OF CALIFORN IA, ACCORD ING TO MAP NO. 1206, FILED IN TH E O FFICEOF THE C OUNTY RECORD ER O F SAN D IEGO COUNTY, SEPTEMBER 14, 19 09.
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