HomeMy WebLinkAboutReso 2001-199 RESOLUTION NO. 2001-199
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG THE INITIATION OF
PROCEEDINGS TO CONSIDER THE FORMATION OF
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2001-
2 (OTAY RANCH PORTIONS OF VILLAGE 6 AND
VILLAGE 7), AND APPROVING THE FORM OF A
REiMBURSEMENT AGREEMENT
WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with and
has received an application from McMillin Otay Ranch, LLC (the "Applicant"), requesting that
this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (Government Code Section 53311 and following)(the "Act") to form a
community facilities district preliminarily designated as Community Facilities District No. 2001-
2 (the "District") for the purpose of financing all or a portion of the cost of the acquisition of
certain public facilities necessary to serve proposed development within the District; and
WHEREAS, the Applicant has requested that the District encompass that portions of
Village 6 and Village 7 of the Otay Ranch; and
WHEREAS, such application has, as required by the City of Chula Vista Statement of
Goals and Policies Regarding the Establishment of Community Facilities District (the "Goals
and Policies") previously adopted by this City Council, been reviewed by the community
facilities district application review committee (the "Review Committee") designated in such
Goals and Policies; and
WHEREAS, based upon such review and pursuant to the Goals and Policies, the City
Manager has recommended that this City Council accept the report of the Review Committee
and authorize the initiation of proceedings to consider the formation of the District subject to
subsequent compliance of the proposed District with the Goals and Policies, including without
limitation, the financial feasibility of the proposed District and the development of the property
within the District; and
WHEREAS, the Review Committee timher recommends that the formation of the
District also be conditional upon the financing by the District of such proportionate share of the
cost of the acquisition or construction of interim transportation facilities as the Applicant and the
City shall agree; and
WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to
which the Applicant has agreed to advance funds to the City to pay for all costs incurred by the
City in undertaking the proceedings to consider the formation of the District and the issuance of
Bond by the District has been presented to this City Council for its consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
Resolution 2001 - 199
Page 2
SECTION 2. This City Council hereby accepts the Review Committee report.
SECTION 3. This City Council hereby authorizes the initiation of proceedings to
consider the formation of the District as requested by the Applicant subject to all requirements of
the Act and the Goals and Policies. The formation of the District shall be conditional upon,
among other things, the financing by the District of such proportionate share of the cost of the
acquisition or construction of interim transportation facilities as the Applicant and the City shall
agree. The funds necessary to finance the acquisition or construction of such interim
transportation facilities may be provided as the parties may agree, out of the proceeds of the first
series of bonds issued for such District and shall be reserved and set aside solely for the
financing of the acquisition or construction of such facilities. The decision of this City Council to
form the District is an exercise of the legislative authority of this City Council. The adoption of
this Resolution does not, therefore, obligate this City Council to exercise its legislative discretion
in a particular manner. This Resolution does not in any way create a contractual, legal or
equitable obligation of or commitment by this City Council to approve the formation of the
District. This City Council expressly reserves the right to abandon the proceedings to consider
the formation of the District for any mason at any time prior to the completion thereof.
SECTION 4. The form of the Reimbursement Agreement by and between the City and
McMillin Otay Ranch, LLC is hereby approved. The City Manager or the Deputy City
Manager/Director of Finance is hereby authorized to execute such agrec~nent for and on behalf
of the City with such changes thereto as such officer, following consultation with the City
Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City.
SECTION 5. This Resolution shall become effective upon its adoption.
Presented by Approved as to form by
Resolution 2001-199
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 19th day of June, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilia, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilm~nnbers: None
Shirley Horto~, Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Cl~rk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2001-199 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of June, 2001.
Executed this 19th day of June, 2001.
Susan Bigelow, City Clerk