60297.05005\40905794.3
1 RESOLUTION NO. 2023 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 17 -I (WESTERN CHULA VISTA DIF FINANCING
PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL
ELECTION IN THAT TERRITORY DESIGNATED AS
COMMUNITY FACILITIES DISTRICT NO. 17 -I (WEST ERN
CHULA VISTA DIF FINANCING PROGRAM) , ANNEXATION
NO. 2023-02, AND ADDING SUCH TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 17 -I (WESTERN
CHULA VISTA DIF FINANCING PROGRAM)
(Annexation No. 2023-02)
WHEREAS, the City Council of the City of Chula Vista, C alifornia (the “City Council”) has previously formed Community Facilities District No. 17 -I (Western Chula Vista DIF Financing Program) (“CFD No. 17 -I”) pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”), as amended, and the City of Ch ula 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”) for the purpose of financing the payment of certain development impact fee obligations; and WHEREAS, acting pursuant to the Community Facilities District Law, the City Council also authorized by the adoption of Resolution No. 2016 -051 (the “Resolution Authorizing Future Annexation”) the annexation in the future of territory to CFD No. 17 -I, such territory designated as Future Annexation Area, Community Facilities District No. 17 -I (the “Fu ture Annexation Area”); and
WHEREAS, the owner of that property located within western Chula Vista known as “Casa Estilo” which is approximately 1.05 acres and is within the “Future Annexation Area ,” made application pursuant to the Community Facilities District Law to annex such territory to CFD No. 17-I and such property has been designated as Annexation No. 2023-02 (the “Territory”); and WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFD No. 17-I has been received from the property owner of the Territory, and WHEREAS, less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for the Territory ; therefore, pursuant to the Act the qualified elector of the Territory shall be the "landowner," as such term is defined in Government Code Section 53317(f), of such Territory and such landowner who is the owner of record as of the applicable election date, or the authorized representative thereo f, shall have one vote for each acre or portion of an acre of the parcel of land that landowner owns within such Territory; and
60297.05005\40905794.3
2 WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the Territory to the qualified elector thereof and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be distributed to the qualified elector of the Territory, has received and canvassed such ballot and made a report to the City Council regarding the results of such canvass, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the favorable vote of the qualified elector of the Territory, and the City Council desires to declare the results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2023-02 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, California, acting in its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), that the results of a special election in that territory designated as Community Facilities District No. 17 -I (Western Chula Vista DIF Financing Program), Annexation No. 2023-02, and adding such territory to Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) is hereby certified.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that t he above recitals are true and correct.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), that the legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the Territory to CFD No. 17-I has been given by the owner of the Territory and such consent shall be kept on file in the Office of the City Clerk of the City of Chula Vista.
B. Less than twelve (12) registered voters have resided within the Territory for each of the ninety (90) days preceding the election date established for each of the parcels located within the Territory; therefore, pursuant to the Act the qualified elector for the Territory shall be the “landowner” of the Territory as such term is defined in Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special taxes on the Territory upon its annexation to CFD No. 17-I.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), that t he boundaries and parcels of property within the Territory and on which special taxes will be levied in order to finance the payme nt of development impact fees 60297.05005\40905794.3
3 which will pay for public facilities are shown on the Annexation Map as submitted to and hereby approved by this legislative body.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), that t his legislative body does hereby determine and declare that the Territory, and each parcel therein, is now added to and becomes a part of CFD No. 17-I. The City Council, acting as the legislative body of CFD No. 17 -I, is hereby empowered to levy the authorized special tax within the Territory.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, acting in its capacity as the legislative body of Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program), that immediately upon adoption of this Resolution, notice shall be given as follows:
A. A copy of the Annexation Map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution.
B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fiftee n (15) days after the date of adoption of this Resolution.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that t his Resolution shall become effective upon its adoption.
PRESENTED BY:
APPROVED AS TO FORM BY:
Laura C. Black, AICP
Director of Development Services
Glen R. Googins,
City Attorney
60297.05005\40905794.3
A - 1
EXHIBIT A
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
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
COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
SPECIAL ELECTION
ANNEXATION NO. 2023-02
held on the election date established for each parcel located within the territory included in Annexation No. 2023-02.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) for or against the Proposition are full, true and correct.
VOTES CAST ON PROPOSITION 1: YES
NO
WITNESS my hand this 21st day of February 2023.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
OF THE STATE OF CALIFORNIA
60297.05005\40905794.3
B - 1
EXHIBIT B
ANNEXATION MAP