HomeMy WebLinkAboutReso 2024-077
RESOLUTION NO. 2024-077
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
SPECIAL ELECTION WITHIN COMMUNITY FACILITIES
DISTRICT NO. 16M (EL DORADO RIDGE)
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 the 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, on May 7, 2024, the City Council also adopted a resolution calling a special
election for May 7, 2024, for submitting to the qualified electors of CFD No. 16M of said
election on the proposition with respect to the annual levy of special taxes on taxable property
within CFD No. 16M to pay for certain public services to be provided and establishing an
appropriations limit therein (the “Election Resolution”); and
WHEREAS, the City Council has received a statement from the City Clerk (the “City
Clerk”), who pursuant to the Election Resolution was authorized to conduct the special election
for CFD No. 16M and act as the election official therefor, with respect to the canvass of the
ballots returned and the results of the special election, certifying that more than two-thirds of the
votes cast upon the proposition submitted to the voters in the special election in CFD No. 16M
were cast in favor of such proposition.
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) there were no persons registered to vote within the boundaries of CFD No.
16M at the time of the close of the protest hearing on May 7, 2024, and pursuant to Section
53326 of the California Government Code (“Section 53326”) the vote in the special election for
CFD No. 16M was, therefore, to be by the landowners owning land within CFD No. 16M, with
each landowner having one vote for each acre or portion of an acre of land that he or she owned
within CFD No. 16M which would have been subject to the special tax if levied at the time of the
special election; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk
distributed the ballot for the special election to C V H I, LLC, a California limited liability
company as the owner of all of the taxable property included within the boundaries of CFD No.
16M (collectively the “Property Owner”) by mail or personal delivery; (iii) the Property Owner
waived the time limits for holding the special election and the election date specified in Section
53326, and consented to the calling and holding of the special election on May 7, 2024; (iv) the
special election has been properly conducted in accordance with all statutory requirements and
the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owner,
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Resolution No. 2024-077
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which owns approximately 6.17 acres in CFD No. 16M, was entitled to a total of 7 votes; (vi) the
ballot was returned by the Property Owner to the City Clerk prior to the hour on the date of the
election specified by the City Council for the return of voted ballots; (vii) the ballot returned to
the City Clerk by the Property Owner voted all votes to which it was entitled in favor of the
proposition set forth therein; (viii) more than two-thirds of the votes cast in the special election in
CFD No. 16M, on each such proposition were cast in favor thereof, and pursuant to Sections
53328, 53329 and 53355 of the California Government Code, such proposition carried; and
(ix) the City Council, as the legislative body of CFD No. 16M, is therefore authorized to take the
necessary action to have CFD No. 16M annually levy special taxes on taxable property within
CFD No. 16M, in an amount sufficient to pay for certain public services to be provided.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that all
votes voted in the special election on the proposition with respect to the annual levy of special
taxes on taxable property within CFD No. 16M to pay for certain public services to be provided
as set described in the Resolution of Formation were voted in favor thereof, and such proposition carried.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
effect of the results of the special election, as specified herein, is that the City Council, as the
legislative body of CFD No. 16M, is authorized to annually levy special taxes on taxable
property within CFD No. 16M in an amount sufficient to pay for certain public services to be
provided as described in the Resolution of Formation at the special tax rates and pursuant to the
methodology for determining and apportioning such special taxes which are set forth in
Exhibit A to the Resolution of Formation adopted by the City Council of the City of Chula Vista
on May 7, 2024, with an initial appropriations limit of $250,000.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the
City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California
Government Code and Section 3114.5 of the California Streets and Highways Code.
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 by a court of competent jurisdiction, 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.
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Resolution No 2024-077
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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. 2024-077 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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