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HomeMy WebLinkAbout2007/01/23 Item 4 CITY COUNCIL AGENDA STATEMENT ~~ em OF -~ (HUlA VISTA 01/23/07 Item '- ITEM TITLE: DECLARE ELECTION RESUL TS REGARDING ANNEXATION OF TERRITORY At"!D LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) SUBMITTED BY: REVIEWED BY: RESOLUTION OF 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), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA C, ANNEXATION NO.6 (OTAY RANCH VILLAGE TWO), AND ADDING SUCH TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT At"!D IMPROVEMENT AREA CITY ENGINEER P /:/ INTERIM ClTY MANAGER ijf 4/5THS VOTE: YES NO X BACKGROUND On November 21,2006, the City Council initiated the Community Facilities District No. 97-2 (Preserve Maintenance District) ("CFD No. 97-2") annexation proceedings by adoption of Resolutions 2006-347 and 2005-348. On January 9, 2007, the City Council approved certain findings and authoriZied the electors to vote on the annexation of Otay Ranch Village Two to CFD No. 97-2, Improvement Area C by adoption of Resolution 2007-009. On January 16, 2007, a Special Tax Election for CFD No. 97-2, Improvement I Area C, Annexation No.6, was conducted. Tonight's action is the next step in the formal proceedings to annex the territory within Otay Ranch Village Two into Improvement Area C of CFD No. 97-2. Improvement Area A funds the costs of the Resource 4-1 01/23/07, ltem~ Page 2 of3 Monitoring Program as well as Preserve Operations and Maintenance. Improvement Area B only funds the Resource Monitoring Program. Special taxes levied within Improvement Area C fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance consistent with the requirements of the Otay Ranch Resource Management Plan Phases 1 and II, plus a pro-rata share of Administrative Expenses of CFD No. 97-2. Otay Ranch Village Two will not be annexed into Improvement Area A or Improvement Area B. The City.has retained the services of MuniFinancial as special tax consultant and Best, Best, and Krieger, LLP, as legal counsel to provide assistance during the proceedings. RECOMMENDATION That Council: 1. Approve the resolution declaring the results of special election and adding such territory designated as CFD No. 97-2, Improvement Area C, Annexation No.6 (Otay Ranch Village Two) to CFD No. 97-2, Improvement Area C. BOARDS/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In July 1998, Council formed CFD No. 97-2 (Preserve Maintenance District). CFD No. 97-2 was originally divided into two Improvement Areas, Improvement Area A and Improvement Area B, that were designated when CFD No. 97-2 was formed. Special taxes levied within Improvement Area A fund the costs of the Resource Monitoring Program as well as Preserve Operations and Maintenance within the initial boundaries of the Otay Ranch Preserve. Special taxes levied within Improvement Area B only fund the Resource Monitoring Program within that same area. Special taxes levied within Improvement Area C pay for both Preserve Operations and Maintenance and the Resource Monitoring Program consistent with the requirements of the Otay Ranch Resource Management Plan Phases I and II plus a pro-rata share of Administrative Expenses ofCFD No 97-2. It is necessary to annex territory into Improvement Area C of CFD No. 97-2; as such boundaries may be modified from time to time. Resolution The City Clerk, acting as the designated election official, has held a special election within the territory proposed to be annexed to CFD No. 97-2, Improvement Area C, on January 16, 2007 at which time the qualified electors of such territory, being the owners of land within such territory, were entitled to vote on a ballot proposition to authorize the levy of the special taxes described above within such territory. The results of the election showed that the annexation and levy of special tax were approved by the electors. There is one Resolution on today's agenda, which, if adopted, will accomplish the following: 4-2 01123/07, Item~ Page 3 of3 1. Declare the results of the special election held on January 16, 2007 for annexation 6 ofCFD 97-2 2. Order the annexation of Otay Ranch Village Two to Improvement Area C of CFD No. 97-2. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property which is the subject ofthis action. FISCAL IMP ACT All costs of the annexation to the district are being paid by the developers and the on- going administration of the CFD will be funded entirely by CFD No. 97-2. The City will recover the full cost for staff time involved in the annexation from the developer and full cost of staff time for administration ofCFD No. 97-2 from the CFD, in perpetuity. Prepared by: Boushra Salem, Senior Civil Engineer, Engineering Department 4-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFOR.1"\;1A, ACTING IN ITS CAPACITY AS THE LEGISLATNE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECLiU ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), I.MPROVEMENT AREA "C," ANNEXATION NO.6 AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA WHEREAS, the CITY C01JNCIL of the CITY OF CHULA VISTA, CALIFOR.c"lIA (the "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 Govemment Code of the State of California (the "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 (the "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) and IMPROVEMENT AREA "C," respectively, and the property proposed to be annexed is referred to as ANNEXATION NO. 6 (the "Annexation Area"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the Annexation Area a proposition relating to the levy of special taxes within the Annexation Area; and, WHEREAS, at this time said election has been held and the measure voted upon and each such measure did receive the favorable 2/3'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 that the Annexation Area be added to Improvement Area "C." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATNE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE MAINTENANCE DISTRICT), DOES HEREBY RESOLVE, DECLARE, FIND, DETER.c\.1INE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, 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 measure voted upon, and the number of votes given for and/or against the 4-4- I measure voted upon. A copy of said Certificate and Statement IS attached hereto, marked Exhibit "A," referenced and so incorporated. SECTION 3. The City Clerk is hereby directed, pursuant to the provlSlons of the Elections Code of the State of California, to enter in the minutes the results of the election as set forth in said STATEMENT OF VOTES CAST. SECTION 4. This City Council does hereby determine and declare that the Annexation Area is now added to and becomes a part of Improvement Area "C" of the District. The City Council hereby further determines that the City Council is now authorized to levy the special . taxes within the Annexation Area as approved and authorized by the qualified electors of the Annexation Area. PREPARED BY: APPROVED AS TO FORM BY: :J~~aQvJ \., 'V v ~ [/)ore City lif.torney Scott Tulloch City Engineer 4-25 EXHIBIT "A" CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORl'iIA ) 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 "c" AN'NEXA TION AREA NO.6 SPECIAL ELECTION in said City, held January 16,2007. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the Annexation Area of the District in said City, and the whole number of votes cast for the Measure in the Annexation Area of the District in said City, and the totals as shown for the Measure are full, true and correct. 1. TOTAL NUMBER OF VOTES CAST: II. VOTES CAST ON PROPOSITION A: ~ YES 738 NO 0 WITNESS my hand and Official Seal this day of ,2007. CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA ~~