HomeMy WebLinkAboutReso 2020-231RESOLUTION NO. 2020-231
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. 2020-02, AND ADDING SUCH TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN
CHULA VISTA DIF FINANCING PROGRAM)
(Annexation No. 2020-02)
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 within western Chula Vista known as
Bonita Glen which is approximately 4.73 acres located on the north side of Bonita Glen Drive just
west of its intersection with Vista Drive and south of the La Quinta Inn and the I-805 Freeway,
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. 2020-02 (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. 2020-231
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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. 2020-02
(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 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. 2020-02, and adding such territory to Community Facilities District
No. 17-I (Western Chula Vista DIF Financing Program) 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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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.
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Resolution No. 2020-231
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Presented by Approved as to form by
Tiffany Allen 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 6th day of October 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. 2020-231 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 6th day of October 2020.
Executed this 6th day of October 2020.
Kerry K. Bigelow, MMC, City Clerk
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60297.00044\24627139.2
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-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
SPECIAL ELECTION
ANNEXATION NO. 2020 - 02
held on the election date established for each parcel located within the territory included in Annexation
No. 2020 - 02
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 5
NO
WITNESS my hand this 6th day of October , 2020.
ELECTION OFFICIAL
CITY CLERK
CITY OF CHULA VISTA
OF THE STATE OF CALIFORNIA
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ANN EXATION M AP 2020-02 OFANNEXATION M AP 2020-02 OFCOMMUNITY FACILITIES DISTRICT NO. 17-ICOMMUNITY FACILITIES DISTRICT NO. 17-I(WESTERN CHULA VISTA DIF FINANCING)(WESTERN CHULA VISTA DIF FINANCING)CITY OF CHULA VISTACOUNTY OF SAN DIEGO, STATE OF C ALIFORNIA
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FILED IN THE O FFICE OF THE CITY CLERK OF THE CITY OF C HULA VISTA THIS_______ DAY ___________, 2 0__.
__________________________________________CITY C LERKCITY O F CHUL A VISTASTATE O F CALIFO RNIA
I HEREBY CERTIFY THAT THE WITHIN MAP SHOW ING PROPO SED BO UNDARIES O FANNEXATION 2 020-02 TO CO MMU NITY FAC ILITIES D ISTRICT NO. 17-I (WESTERNCHULA VISTA DIF FINANCING) O F THE C ITY OF CHUL A VISTA, COUN TY O F SANDIEGO, STATE O F CALIFO RNIA, WAS APPROVED BY THE CITY CO UNCIL OF TH E CITYOF C HULA VISTA AT A REGUL AR MEETING TH ER EO F, HELD ON THE ________ DAYOF ___________,20__, BY ITS RESOL UTION NO . _________.
__________________________________________CITY C LERKCITY O F CHUL A VISTASTATE O F CALIFO RNIA
FILED THIS ______ DAY O F ___________, 20__ AT THE HO UR O F _____ O 'CLO CK __.M.IN BO OK _______, PAGE _____ OF MAPS OF ASSESSMEN T AND COMMUNITYFACILITIES DISTR ICTS IN THE O FFIC E OF THE C OUNTY R EC ORDER IN THE CO UNTYOF SAN DIEG O, CALIFORNIA.
___________________________________COUNTY RECORD ERCOUNTY OF SAN DIEG OSTATE O F CALIFO RNIA
THE LINES AN D DIMENSIONS O F EACH L OT OR PARC EL ENCO MPASSED BY THISMAP SHALL BE THOSE LINES AND DIMEN SION S AS SHO WN O N TH E SAN DIEG OCOUNTY ASSESSO R'S MAPS.
THE SAN DIEG O C OUNTY ASSESSO R'S MAPS SHALL GO VER N FOR ALL D ETAILSCONCERNING THE LINES AND D IMENSIO NS O F SUCH LO TS OR PAR CELS.
MA P REFEREN CE N UMBER A SSESSOR'S PA RCEL N UMBER1570131110025701404000357014048004570140510055701405400
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