HomeMy WebLinkAboutReso 2024-076RESOLUTION NO. 2024-076
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING A SPECIAL ELECTION AND
SUBMITTING TO THE VOTERS OF COMMUNITY
FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE), THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, A PROPOSITION REGARDING THE
ANNUAL LEVY OF SPECIAL TAXES WITHIN THE
COMMUNITY FACILITIES DISTRICT TO PAY THE COSTS
OF CERTAIN PUBLIC SERVICES AND ESTABLISHING AN
APPROPRIATIONS LIMIT THEREFOR
WHEREAS, the CITY COUNCIL (the “City Council”) of the CITY OF CHULA
VISTA, CALIFORNIA (the “City”), pursuant to Section 53325.1 of the California Government
Code, has adopted the resolution of formation of Community Facilities District No. 16M (El
Dorado Ridge), City of Chula Vista, County of San Diego, State of California (“CFD No. 16M”),
establishing the Community Facilities District and the boundaries thereof (the “Resolution of
Formation”); and
WHEREAS, pursuant to Section 53326 of the California Government Code, it is
necessary that the City Council also submit to the voters of CFD No. 16M the proposition
relating to the annual levy of special taxes on taxable property within CFD No. 16M to pay the
costs for certain services, and establishing an appropriations limit for CFD No. 16M; and
WHEREAS, the City Clerk (the “City Clerk”) has advised the City Council that they
have received a statement from the Registrar of Voters of the County of San Diego that there are
no persons registered to vote in the territory of CFD No. 16M.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that the forgoing recitals are true and correct and are incorporated herein by this reference.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City Council finds: (i) 12 persons have not been registered to vote within the territory of CFD
No. 16M for each of the 90 days preceding the close of the public hearing on May 7, 2024; (ii)
pursuant to Section 53326 of the California Government Code, as a result of the findings set
forth in clause (i) above, the vote in the special election called by this Resolution shall be by the
landowners of CFD No. 16M whose property would be subject to the special taxes if they were
levied at the time of the election, and each landowner shall have one vote for each acre, or
portion thereof, which he or she owns within CFD No. 16M which would be subject to the
proposed special taxes if they were levied at the time of the election; (iii) the owner of all of the
property in CFD No. 16M has by written consent (a) waived the time limits set forth in Section
53326 of the California Government Code for holding the election called by this Resolution, (b)
consented to the holding of the special election on May 7, 2024, (c) waived notice and mailed
notice of the time and date of the special election, and (d) waived an impartial analysis of the
ballot proposition pursuant to Section 9313 or 13119 of the California Elections Code and
arguments and rebuttals pursuant to Sections 9314 to 9317, inclusive, mailing of a statement
pursuant to Section 9401 of that Code and receipt of a ballot pamphlet as required by Section
3023 of that Code; and (iv) the City Clerk has consented to the holding of the special election on
May 7, 2024.
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Resolution No. 2024-076
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BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, the City
Council hereby calls and schedules the special election for May 7, 2024, within and for CFD No.
16M on the proposition with respect to the annual levy of special taxes on taxable property
within CFD No. 16M for the payment of the ongoing maintenance of certain services to be
provided by CFD No. 16M and establishing an appropriations limit for CFD No. 16M.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
following proposition to be submitted to the voters of CFD No. 16M at such special election
shall be as follows:
PROPOSITION A: Shall Community Facilities District No. 16M (El Dorado Ridge), City
of Chula Vista be authorized to levy special taxes within such Community Facilities
District, as set forth in the table below, and pursuant to the rate and method of
apportionment of special taxes (the “Rate and Method”) attached to this ballot to finance
the services authorized pursuant to the Mello-Roos Community Facilities Act of 1982,
commencing with Government Code section 53311 et seq., including preserve operations
and maintenance, resource monitoring, administrative expenses, and to fund and
replenish a reserve fund, all as provided for in the Rate and Method, with an initial
appropriations limit of $250,000, until ended by the voters?
Maximum Special Tax Rates by Category*:
Description Maximum Special
Tax
Per
Residential Property $787.00 Dwelling Unit
Accessory Dwelling Unit 0.00 Unit
Undeveloped Property 13,262.00 Acre
*Maximum Special Tax commence on July 1, 2024, and will be escalated annually as described in the
Rate and Method
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
ballot for said election shall be in the form attached hereto as Exhibit A.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that
except as otherwise provided herein, the special election shall be conducted by the City Clerk in
accordance with the provisions of the California Elections Code governing mail ballot elections
of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that
Code, insofar as they may be applicable.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
procedures to be followed in conducting the special election on the proposition described herein
(the “Special Election”) shall be as follows:
(a) Pursuant to Section 53326 of the California Government Code, ballots for the
Special Election shall be distributed to the qualified electors by the City Clerk by mail or
personal service.
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Resolution No. 2024-076
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(b) Pursuant to applicable sections of the California Elections Code governing the
conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section
4000) of that Code with respect to elections conducted by mail, the City Clerk shall mail or
deliver to each qualified elector an official ballot in the form attached hereto as Exhibit “A,” and
shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter,
including a sample ballot identical in form to the official ballot but identified as a sample ballot,
a return identification envelope with prepaid postage thereon addressed to the City Clerk for the
return of voted official ballots and a copy of the Resolution of Formation adopted by the City
Council of the City of Chula Vista on May 7, 2024.
(c) The official ballot to be mailed or delivered by the City Clerk to each landowner-
voter shall have printed or typed thereon the name of the landowner -voter and the number of
votes to be voted by the landowner-voter and shall have appended to it a certification to be
signed by the person voting the official ballot which shall certify that the person signing the
certification is the person who voted the official ballot, and if the landowner-voter is other than a
natural person, that he or she is an officer of or other person affiliated with the landowner-voter
entitled to vote such official ballot, that he or she has been authorized to vote such official ballot
on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as
well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is
entitled based on its land ownership on the proposition set forth in the official ballot as marked
thereon in the voting square opposite each such proposition, and further certifying as to the
acreage of the landowner-voter’s land ownership within CFD No. 16M.
(d) The return identification envelope to be mailed or delivered by the City Clerk to
each landowner-voter shall have printed or typed thereon the following: (i) the name of the
landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating
that the voter is the landowner or the authorized representative of the landowner entitled to vote
the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the
printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and
place of execution of the declaration, and (vii) a notice that the envelope contains an official
ballot and is to be opened only by the City Clerk.
(e) The instruction to voter form to be mailed or delivered by the City Clerk to the
landowner-voters shall inform them that the official ballots shall be returned to the City Clerk
properly voted as provided thereon and with the certification appended thereto properly
completed and signed in the sealed return identification envelope with the certification thereon
completed and signed and all other information to be inserted thereon properly inserted by 4:00
p.m. on the date of the Special Election; provided that if all qualified electors have voted, the
election shall be closed with the concurrence of the City Clerk.
(f) Upon receipt of the return identification envelopes which are returned prior to the
voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the
Special Election, and shall file a statement with the City Council as to the results of such canvass
and the election on each proposition set forth in the official ballot.
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Resolution No. 2024-076
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BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that if
any provision of this Resolution or the application thereof to any person or circumstance is held
invalid, such invalidity shall not affect other provisions or applications, and to this end the
provisions of this Resolution are declared to be severable.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this
Resolution shall become effective immediately.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2024-076
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Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of May 2024 by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, 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. 2024-076 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of May 2024.
Executed this 7th day of May 2024.
Kerry K. Bigelow, MMC, City Clerk
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Resolution No. 2024-076
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EXHIBIT A
OFFICIAL BALLOT
SPECIAL ELECTION FOR
COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE)
OF THE CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
May 7, 2024
INSTRUCTIONS TO VOTER
To vote on any measure, mark an “X” in or fill in the box adjacent to the word “YES” or
adjacent to the word “NO.” All erasures are forbidden and make the ballot void. If you tear or
deface this ballot, notify Lutfi Kharuf at Best Best & Krieger LLP at (619) 525 -1302 to obtain a
second ballot.
______________________________________________________________________________
COMMUNITY FACILITIES DISTRICT NO. 16M
(El DORADO RIDGE),
CITY OF CHULA VISTA
PROPOSITION A:
PROPOSITION A: Shall Community Facilities District No. 16M (El Dorado Ridge), City
of Chula Vista be authorized to levy special taxes within such Community Facilities District, as
set forth in the table below, and pursuant to the rate and method of apportionment of special
taxes (the “Rate and Method”) attached to this ballot to finance the services authorized pursuant
to the Mello-Roos Community Facilities Act of 1982, commencing with Government Code
section 53311 et seq., including preserve operations and maintenance, resource monitoring,
administrative expenses, and to fund and replenish a reserve fund, all as provided for in the Rate
and Method, with an initial appropriations limit of $250,000?
Maximum Special Tax Rates by Category*:
Description Maximum Special
Tax
Per
Residential Property $787.00 Dwelling Unit
Accessory Dwelling Unit 0.00 Unit
Undeveloped Property 13,262.00 Acre
*Maximum Special Tax commence on July 1, 2024 and will be escalated annually as described in the
Rate and Method
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Resolution No. 2024-076
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Please mark your selection to the question of Proposition A:
YES □
NO □
PROPOSITION A IS SUBJECT TO THE ACCOUNTABILITY MEASURES PRESCRIBED
IN SECTION 50075 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
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