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HomeMy WebLinkAboutReso 2026-166RESOLUTION NO. 2026-166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION AND ADDING PROPERTY TO SAID COMMUNITY FACILITIES DISTRICT DESIGNATED AS IMPROVEMENT AREA “D,” ANNEXATION NO. 1 THERETO, AND TAKING OTHER ACTIONS RELATED THERETO AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR (ANNEXATION NO. 1) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (“City Council”), has previously undertaken proceedings to annex certain property to an existing Community Facilities District and an Improvement Area designated therein pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (“Act”) 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 (“Ordinance”) (the Act and the Ordinance may be referred to collectively as the “Community Facilities District Law”). This Community Facilities District and the Improvement Area are referred to as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (“District”) and IMPROVEMENT AREA “D,” respectively, and such territory proposed to be annexed is referred to as ANNEXATION NO. 1 (“Territory”); and WHEREAS, the City Council called and held an election to submit to the qualified electors of the Territory propositions relating to the levy of special taxes and the establishment of an appropriations limit within Improvement Area “D”; and WHEREAS, at this time said election has been held and the measures voted upon and such measures did receive the favorable 2/3rd’s vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions of the Elections Code of the State of California and to order the designation of Improvement Area “D” and annexation of the Territory thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, California, acting as the Legislative Body of Community Facilities District No. 97 -2 (Preserve Maintenance District), that this City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST (“Certificate and Statement”), as submitted by the City Clerk, acting in her capacity as the Election Official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit “A,” referenced and so incorporated. Docusign Envelope ID: 9CCBF623-DB3C-8FEC-81FC-A5E5020EA7AA Resolution No. 2026-166 Page No. 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the above recitals are all true and correct. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, 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 and Statement. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, this City Council does hereby determine and declare that Improvement Area “D” is designated and part of the District and the Territory is now added to and becomes a part of the District and Improvement Area “D” thereof. The City Council hereby further determines that the City Council is now authorized to levy the special taxes within the Territory and an appropriations limit has been established as approved and authorized by the qualified electors of the Territory and Improvement Area “D.” [SIGNATURES ON THE FOLLOWING PAGE] Docusign Envelope ID: 9CCBF623-DB3C-8FEC-81FC-A5E5020EA7AA Resolution No. 2026-166 Page No. 3 Presented by Approved as to form by Roy Sapa’u Marco A. Verdugo Deputy City Manager/Director of Development City Attorney Services PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of August 2026, by the following vote: AYES: Councilmembers: Chavez, Fernandez, Inzunza, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: Preciado 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. 2026-166 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of August 2026. Executed this 11th day of August 2026. Kerry K. Bigelow, MMC, City Clerk Docusign Envelope ID: 9CCBF623-DB3C-8FEC-81FC-A5E5020EA7AA Resolution No. 2026-166 Page No. 4 EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) 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 CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA “D” ANNEXATION AREA NO. 1 SPECIAL ELECTION in said City, held August 11, 2026. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the Territory of the District in said City, and the whole number of votes cast for each Measure in the Territory of the District in said City, and the totals as shown for each Measure are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: 10 II. VOTES CAST ON PROPOSITION A: YES X NO III. VOTES CAST ON PROPOSITION B: YES X NO WITNESS my hand and Official Seal this 11th day of August , 2026. __________________________________ CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA Docusign Envelope ID: 9CCBF623-DB3C-8FEC-81FC-A5E5020EA7AA