HomeMy WebLinkAboutReso 2020-042RESOLUTION NO. 2020-042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT, RECITING THE FACT
OF THE SPECIAL MAIL BALLOT ELECTION HELD ON
FEBRUARY 18, 2020 IN SUCH DISTRICT, DECLARING THE
RESULTS THEREOF, AND OTHER MATTERS AS ARE
PROVIDED BY LAW
WHEREAS, the City Council (the “City Council”) of the City of Chula Vista (the “City”),
has previously undertaken proceedings to create and did 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, on November 19, 2019, the City Council, acting as the legislative body of the
District, duly adopted its Resolution No. 2019-222 calling a special mail ballot election (the
“Election”) to be held on February 18, 2020 for the purpose of submitting three separate
propositions (each a “Proposition” and collectively, the “Propositions”) to the qualified electors of
the District; and
WHEREAS, the measures, as stated in the resolution placing them on the ballot, were:
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 annually charged on Hotel Property and Campsite Property (as such
terms are defined in Resolution No. 2019-220 accompanying this ballot)
within the District, until ended by the legislative body or voters, 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
DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B
Resolution No. 2020-042
Page No. 2
WHEREAS, notice of said election was duly and regularly given in the time, form, and
manner as provided by law; and in all respects the election was held and conducted, and the votes
cast at the election received and canvassed, and the returns made and declared, in the time, form,
and manner as required by the provisions of the Elections Code of the State of California for the
holding of elections in charter cities; and
WHEREAS, pursuant to Chapter 3.61 the vote in the Election shall be by Landowners (as
such term is defined in Chapter 3.61) as the qualified electors of the District and each Landowner,
or authorized representative thereof, shall have one (1) vote for each acre or portion of an acre of
land owned within the District; and
WHEREAS, the City Clerk canvassed the returns of the election and has certified the
results to this City Council, the results are received, attached and made part hereof as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED, DECLARED, AND DETERMINED 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. Approval of Results of the Election. This City Council hereby receives and
approves the Certificate of Election Official and Statement of Votes Cast (Certificate of Election
Official), as submitted by the City Clerk, acting in her capacity as the Election Official, said
Certificate of Election Official setting forth the number of votes cast in the Election, the
Propositions voted upon, and the number of votes given for and/or against the Propositions voted
upon. A copy of said Certificate of Election Official is attached hereto, marked as Exhibit A,
referenced and so incorporated.
SECTION 3. Declaration and Determination of Results. The City Council does declare
and determine that, as a result of the election, two-thirds of the voters voting on Propositions A,
B, and C did vote in favor of them, and that the measures were carried and shall be deemed adopted
and ratified.
SECTION 4. Entry of the Election Results in the Minutes. The City Clerk is hereby
directed, pursuant to the provisions of the Elections Code of the State of California, to enter in the
minutes the results of the Election as set forth in said Certificate of Election Official.
SECTION 5. Certification and Entry of Resolution. The City Clerk shall certify to the
passage and adoption of this resolution and enter it into the book of original resolutions.
DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B
Resolution No. 2020-042
Page No. 3
Presented by Approved as to form by
Kerry K. Bigelow, MMC Glen R. Googins
City Clerk City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of February 2020 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. 2020-042 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of February 2020.
Executed this 18th day of February 2020.
Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B
Resolution No. 2020-042
Page No. 4
EXHIBIT A
CERTIFICATION OF ELECTION OFFICIAL
OF THE RESULTS OF THE CANVASS OF THE FEBRUARY 18, 2020
SPECIAL ELECTION OF THE BAYFRONT PROJECT SPECIAL TAX
FINANCING DISTRICT
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE BAYFRONT PROJECT SPECIAL TAX
FINANCING DISTRICT DOES HEREBY CERTIFY that pursuant to the provisions of Chapter 3.61 of
the City of Chula Vista Municipal Code and the Elections Code of the State of California, I did canvass
the returns of the votes cast at the
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
SPECIAL ELECTION
within the Bayfront Project Special Tax Financing District within the City of Chula Vista, held February
18, 2020.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the
Bayfront Project Special Tax Financing District, and the whole number of votes cast for the Propositions,
and the totals of the respective columns and the totals as shown for the Propositions are full, true and
correct.
1. VOTES CAST ON PROPOSITION A: YES 278
NO 0
2. VOTES CAST ON PROPOSITION B: YES 278
NO 0
3. VOTES CAST ON PROPOSITION C: YES 278
NO 0
WITNESS my hand this 18th day of February, 2020.
__________________________________________
CITY CLERK/ELECTION OFFICIAL
CITY OF CHULA VISTA, ACTING ON BEHALF OF THE
BAYFRONT PROJECT SPECIAL TAX FINANCING DISTRICT
DocuSign Envelope ID: C8AA0E8B-8CC4-4693-930E-4B24C08A173B