NOTICE OF PUBLIC HEARING
ANNEXATION TO
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
ANNEXATION NO. 12
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, (the "City Council"), desires to authorize the annexation of certain territory to an 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"), such Community Facilities District having been designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and such Improvement Area having been designated as IMPROVEMENT AREA "C" ("Improvement Area "C"). The territory proposed to be annexed shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) IMPROVEMENT AREA "C," ANNEXATION NO. 12 (the "Territory").
DESCRIPTION OF TERRITORY
All that property and territory in the Territory, as such property is shown on a map as previously approved by this legislative body, such map entitled "Annexation Map No. 12 of Community Facilities District No. 97-2 (Preserve Maintenance District), City of Chula Vista, County of San Diego, State of California," a copy of which is on file in the Office of the City Clerk located at 276 Fourth Avenue, Chula Vista and which is open for public inspection during normal business hours of such office.
DESCRIPTION OF SERVICES
The services that are authorized to be financed from the proceeds of special taxes levied within Improvement Area "C" are certain services which are in addition to those provided in or required for the territory within Improvement Area "C" and will not be replacing services already available. A general description of the services authorized to be financed by the District is as follows:
The monitoring, maintenance, operation and management of public property in which the City has a property interest and which conforms to the requirements of the Ordinance or private property within the Otay Ranch Preserve which is required by the Preserve Owner/Manager to be maintained as open space or for habitat maintenance or both. Such property may be located outside the boundaries of the District and outside the jurisdictional boundaries of the City of Chula Vista. Such services shall not include the maintenance, operation and/or management of any property owned, maintained, operated 60297.00062 34935730.1
and/or managed by the federal and/or state government as open space, habitat maintenance and/or for any other purpose.
The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide such monitoring, maintenance, operation and management of such public property.
The same types of services which are authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area "C" are the types of services to be financed from the proceeds of special taxes levied within the Territory. If and to the extent possible such services shall be provided in common with the District and the Territory.
SPECIAL TAX
Except where funds are otherwise available, a special tax sufficient to pay for such services and related incidental expenses, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the special tax (the "Improvement Area C Rate and Method"), reference is made to the proceedings and specifically Resolution No. 2022-064 of the City Council of the City of Chula Vista declaring its intention to authorize the annexation of the Territory to the District and Improvement Area "C" thereto (the "Resolution of Intention"). A copy of the Resolution of Intention is on file in the Office of the City Clerk and is open for public inspection during normal business hours of such office.
The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the same services in Improvement Area "C," except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the services in the Territory is higher or lower than the cost of providing those services in Improvement Area "C." Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Improvement Area CRate and Method.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED TO BE HELD ON APRIL 26, 2022, AT THE HOUR OF 5:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276
FOURTH AVENUE, CHULA VISTA, CALIFORNIA, AT WHICH TIME THE CITY COUNCIL OF
THE CITY OF CHULA VISTA, CALIFORNIA, WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA "C"
THERETO, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL
TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS SET FORTH IN THE RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR
AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD.
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AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE
TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THE RESOLUTION OF INTENTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS
PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN
WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
IF 50 PERCENT OR MORE OF THE REGISTERED VOTERS, OR SIX REGISTERED VOTERS, WHICHEVER IS MORE, RESIDING WITHIN IMPROVEMENT AREA "C" OF THE DISTRICT, OR IF 50 PERCENT OR MORE OF THE REGISTERED VOTERS OR SIX REGISTERED VOTERS,
WHICH IS MORE, RESIDING WITHIN THE TERRITORY, OR IF THE OWNERS OF ONE-HALF OR MORE OF THE AREA OF LAND INCLUDED IN IMPROVEMENT AREA "C" OF THE
DISTRICT, OR IF THE OWNERS OF ONE-HALF OR MORE OF THE AREA OF LAND IN THE
TERRITORY, FILE WRITTEN PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY TO IMPROVEMENT AREA "C" OF THE DISTRICT, AND SUCH PROTESTS ARE
NOT WITHDRAWN SO AS TO REDUCE THE PROTESTS TO LESS THAN A MAJORITY, NO
FURTHER PROCEEDINGS SHALL BE UNDERTAKEN FOR A PERIOD OF ONE YEAR FROM
THE DATE OF THE DECISION BY THE CITY COUNCIL ON THE ISSUE DISCUSSED AT THE PUBLIC HEARING.
ELECTION
Upon conclusion of the public hearing, if the City Council determines to proceed with the annexation of the Territory, a proposition to authorize the levy of the special tax within the Territory shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. The special tax shall be authorized to be levied within the Territory if at least two-thirds of the votes cast on the proposition are in favor of the levy of the special tax.
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INQUIRIES
For any questions relating to the proceedings, or any particulars, please contact the following designated person:
Kerry K. Bigelow
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5041
For further particulars, reference is made to the Resolution of Intention, a copy of which is on file in the office of the City Clerk and is open for public inspection. fRETY BE CHULA VISTA
CITY OF CHULA VIST
STATE OF CALIFORNIA
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