HomeMy WebLinkAboutReso 2019-222RESOLUTION NO. 2019-222
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF
THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT, CALLING A SPECIAL MAIL BALLOT ELECTION
AND SUBMITTING TO THE QUALIFIED ELECTORS OF
SUCH DISTRICT SEPARATE PROPOSITIONS TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN, TO
AUTHORIZE SUCH DISTRICT TO INCUR A BONDED
INDEBTEDNESS SECURED BY THE LEVY OF SPECIAL
TAXES THEREIN AND TO ESTABLISH AN
APPROPRIATIONS LIMIT FOR SUCH DISTRICT
WHEREAS, the City Council (“City Council”) of the City of Chula Vista (the “City”), on
September 10, 2019, adopted its Resolution No. 2019-168 (the “Resolution of Intention”) and its
Resolution No. 2019-169, as amended by Resolution No. 2019-208 adopted on November 12,
2019 (“Resolution Declaring Necessity to Incur Bonded Indebtedness”) thereby initiating
proceedings to establish the Bayfront Project Special Tax Financing District (the “District”)
pursuant to Chapter 3.61 of the Chula Vista Municipal Code (“Chapter 3.61”); and
WHEREAS, both the Resolution of Intention and the Resolution Declaring Necessity to
Incur Bonded Indebtedness set public hearings to be held concurrently on October 15, 2019
(collectively, the “Public Hearings”); and
WHEREAS, at the time and place specified for the Public Hearings, the City Council
consolidated and opened the Public Hearings and approved a motion to continue the Public
Hearings to November 5, 2019, at the hour of 5:00 p.m., or as soon thereafter as the City Council
might reach the matters, in the Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista,
California; and
WHEREAS, on November 5, 2019 at the time and place specified for the continued Public
Hearings, the City Council reopened the consolidated Public Hearings and approved a motion to
continue the Public Hearings to November 19, 2019, at the hour of 5:00 p.m., or as soon thereafter
as the City Council might reach the matters, in the City Council Chambers, City Hall, 276 Fourth
Avenue, Chula Vista, California; and
WHEREAS, at the close of the continued Public Hearings, the City Council determined
that there was no majority protest under the provisions of Chapter 3.61; and
WHEREAS, at the conclusion of the continued Public Hearings, the City Council, acting
pursuant to Chapter 3.61, adopted Resolution No. 2019-220 establishing the District (the
“Resolution of Formation”) and Resolution No. 2019-221 deeming it necessary that a bonded
indebtedness be incurred by the District (the “Resolution Deeming It Necessary to Incur Bonded
Indebtedness”); and
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WHEREAS, pursuant to Chapter 3.61 it is necessary that the City Council submit to the
qualified electors of the District three separate propositions (collectively, the “Propositions” and
individually, a “Proposition”) to: (i) authorize the levy of special taxes within the District as
specified in the Resolution of Formation, (ii) authorize the District to incur a bonded indebtedness
of such District as provided by the Resolution Deeming It Necessary to Incur Bonded Indebtedness
and (iii) establish an appropriations limit for the District; and
WHEREAS, Chapter 3.61 provides that the election called for the purpose of submitting
the Propositions to the qualified electors of the District must be held at least 90 days, but not more
than 180 days following the adoption of the Resolution of Formation; and
WHEREAS, the City Council, acting as the legislative body of the District, desires t o call
a special mail ballot election (the “Election”) to be held on February 18, 2020 (the “Election Date”)
for the purpose of submitting the Propositions to the qualified electors; and
WHEREAS, Chapter 3.61 provides that if the Election is to be held less than 125 days
following the adoption of the Resolution of Formation, the concurrence of the official conducting
the election shall be required; and
WHEREAS, the City Clerk, as the official designated pursuant to Chapter 3.61 as the
official to conduct the Election (the “Election Official”), has concurred with the shortening of time
for conducting the Election to the Election Date.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT, AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Findings and Declaration. The City Council hereby specifically finds and
declares that the vote in the Election called by this Resolution shall be by the Landowners (as such
term is defined in Chapter 3.61) as the qualified electors of the District pursuant to Chapter 3.61
and the applicable provisions of the Elections Code of the State of California (the “Elections
Code”). Each Landowner, or the authorized representative thereof, shall have one (1) vote for
each acre or portion of an acre of land owned within the District.
SECTION 3. Call of Election. The City Council hereby calls and schedules the Election
for the Election Date on the Propositions.
SECTION 4. Propositions. If the Proposition for the levy of the special tax and the
Proposition for incurring the bonded indebtedness receives the approval of two-thirds (2/3) or more
of the votes cast on each respective Proposition, bonds may be authorized, issued and sold for the
applicable purposes set forth in the Resolution Deeming It Necessary to Incur Bonded
Indebtedness and the applicable special tax may be levied as provided in the Resolution of
Formation. If the Proposition to establish the appropriations limit for the District receives the
approval of a majority of the votes cast on such Proposition, such appropriations limit shall be
established.
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SECTION 5. The Propositions. The Propositions to be submitted to the qualified electors
at the election shall generally be as follows:
PROPOSITION A
Shall the measure to authorize the Bayfront Project Special Tax
Financing District (the “District”) to levy special taxes at rates not
to exceed 5% of Rent charged on Hotel Property and Campsite
Property (as such terms are defined in Resolution No. 2019-220
accompanying this ballot) within the District, until the end of the
term set forth in such resolution, raising an estimated $30,000,000
annually to finance Improvements and Services described in such
resolution, be approved?
Yes _____
No _____
PROPOSITION B
Shall the measure to authorize the Bayfront Project Special Tax
Financing District (the “District”) to incur a bonded indebtedness of
the District in an amount not to exceed $175,000,000, to be secured
by special taxes subject to the approval of Proposition A above, be
approved?
Yes _____
No _____
PROPOSITION C
Shall the measure to establish an Article XIIIB appropriations limit
equal to $125,000,000 for the Bayfront Project Special Tax
Financing District be approved?
Yes _____
No _____
SECTION 6. Vote. The appropriate mark placed on the line following the word “YES”
shall be counted in favor of the adoption of the proposition, and the appropriate mark placed on
the line following the word “NO” in the manner as authorized, shall be counted against the
adoption of such proposition.
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SECTION 7. Election Procedure. The Election Official is hereby authorized to take any
and all steps necessary for the holding the Election. The Election Official shall perform and render,
or cause to be performed and rendered, 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 Election:
A. Prepare and furnish to the election officers necessary election supplies for the
conduct of the Election.
B. Print the requisite number of official ballots, tally sheets and other necessary forms.
C. Furnish and address official ballots for the qualified electors.
D. Deliver the official ballots to the qualified electors or their authorized
representatives, as required by law.
E. Receive the returns of the Election materials and supplies.
F. Sort and assemble the Election materials 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. 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 8. Arguments and Impartial Analysis.
A. The City Council authorizes (i) any member(s) of the City Council and (ii) any
Landowner eligible to vote on the Propositions, and/or an organization or
association meeting the requirements of Elections Code Section 9287(b), to file
written arguments in favor of or against the Propositions set forth in Section 5 of
this Resolution, and may change the argument until and including December 3,
2019, after which no arguments for or against the Propositions may be submitted
to the Election Official. Arguments in favor of or against the Propositions shall
each not exceed 300 words in length. Each argument shall be filed with the Election
Official, signed, and include the printed name(s) and signature(s) of the author(s)
submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of its principal
officers who is the author of the argument. The author(s) of an argument may allow
additional persons to sign the argument at the discretion of the author(s). The
additional signers are not required to meet the qualifications specified in Elections
Code Section 9282.
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B. The Election Official shall comply with all provisions of law establishing priority
of arguments for printing and distribution to the voters, and shall take all necessary
actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the
Election Official to transmit a copy of the Propositions to the City Attorney. The
City Attorney shall prepare an impartial analysis of the Propositions, not to exceed
500 words in length, showing the effect of the Propositions on the existing law and
the operation of the Propositions. The City Attorney shall transmit such impartial
analysis to the Election Official, who shall cause the analysis to be published in the
voter information guide along with the Propositions as provided by law. The
impartial analysis shall be filed by the deadline set for filing of arguments as set
forth in subsection (A) above. The impartial analysis shall include a statement
indicating whether the Propositions were placed on the ballot by a petition signed
by the requisite number of voters or by the City Council.
D. The provisions of this Section 8 herein shall apply only to the Election and shall
then be repealed.
SECTION 9. Rebuttals.
A. Pursuant to Section 9285 of the Elections Code, when the Election Official has
selected the arguments for and against the Propositions which will be printed and
distributed to the voters, the Election Official shall send copies of the argument in
favor of the measures to the authors of the argument against, and copies of the
argument against to the authors of the argument in favor. The authors or persons
designated by them may prepare and submit rebuttal arguments not exceeding 250
words. The rebuttal arguments shall be filed with the Election Official not later
than December 13, 2019. Rebuttal arguments shall be printed in the same manner
as the direct arguments. Each rebuttal argument shall immediately follow the direct
argument which it seeks to rebut.
B. The provisions of this Section 9 herein shall apply only to the Election and shall
then be repealed.
SECTION 10. Public Examination. Pursuant to Elections Code Section 9295, the
Propositions, the impartial analysis, the arguments for and against and the rebuttal arguments, if
any, will be available for public examination for no fewer than ten (10) calendar days immediately
following the filing deadline for those materials. The Election Official shall post notice in the
Election Official’s office of the specific dates that the examination period will run.
SECTION 11. Additional Election Provisions. The Election shall be subject to the
following addition provisions:
A. For each of the propositions set forth in Section 5, each Landowner who is the
owner of record as of the close of the Public Hearings or any subsequent owner if the City Clerk
is informed, by reliable evidence, of a change in ownership after that time and at least 24 hours
before the deadline to submit ballots, or the authorized representative thereof, shall have one vote
for each acre or portion of an acre of land that such Landowner owns within the District.
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B. The Election shall be conducted by mailed ballot, there shall be no polling places
for the Election, and 12:00 p.m. on the Election Date is set as the deadline for ballots to be received
by the Election Official.
C. The Election Official is authorized and directed to publish the notice of the
Election, as soon as possible following the adoption of this Resolution, in the Star News.
D. All ballots shall be mailed by the Election Official to the Landowners no sooner
than January 20, 2020 and all voted ballots are required to be received by the Election Official not
later than 12:00 p.m. on the Election Date in order to be counted.
E. The Election shall be held and conducted, and the votes canvassed and the returns
made, and the results determined, as provided herein, and in all particulars not prescribed in this
Resolution, the Election shall be held and conducted and the votes received and canvassed in the
manner provided by law for holding special elections consistent with Chapter 3.61.
F. The Election Official shall commence the canvass of the returns of the Election as
soon as possible following the deadline for ballots to be received and shall report the returns to the
City Council at its next regularly scheduled meeting following the conclusion of the canvass.
G. Upon receipt of the report of the returns, the City Council may, by resolution,
declare the results of the Election.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of November 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, 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. 2019-222 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 November 2019.
Executed this 19th day of November 2019.
Kerry K. Bigelow, MMC, City Clerk
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