HomeMy WebLinkAboutReso 2014-033 RESOLUTION NO. 201�-033
RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF
CHLiL.A V'ISTA (A) .AUTHORIZING THE TR��SFER OF
�8.017.4�3 I?�T �'IRELESS TELEPHOI�E USERS TP��
REVENiJES FR0�4 THE GENERAL FUI�TD TO THE NT
COA�40I�' FUI�TD AND APPROPRIATI?�G FUI�'DS
THEREFORE (B) APPROPRIATII�tG �3.789.23� iN THE NT
COMMOI�' FUI�'D FOR E�PENSES RELATED TO THE
SETTLEMENT AGREEMENT Iiv THE MATTER OF CARLA
VILLA. ET. AL.. V. CITY OF CHULA VISTA
WHEREAS. the Cirv has reached a class action settlement in the matter of Carla Villa et.
al. ��. Cit��of Chula Vista: and
WHEREAS. pursuant to the terms of the Final Order and Judament Granting Final
Approval of Class Action Settlement in the aforementioned action; the City is ordered to pro�ide
an �8 million interest accruing Common Fund H�hich H1ll be used to pa�� refunds to the
Settlement Class, and all Attomevs Fees and E�penses. and Notice and Claims Administration
E�penses, as approved b}� the Court; and
WHEREAS. the Citv has established a new fund titled TUT Common Fund in
accordance ���ith the settlement: and
WHEREAS, it is therefore necessary to transfer �8,017,4�3 (�8.0 million from settlement
plus �17;4�3 in interest earnings) from the General Fund to the newlv established TUT Common
Fund, to be used per the Final Order; and
WHEREAS. a rotal of�1.�79.299 in dass member refunds have been claimed: and
�\'HEREAS, a total of �2,209,93� in Attomeds Fees and E�penses and Notice and
Claims Administration Espenses have been appro��ed by the Court; and
�1'HEREAS; it is therefore necessary to appropriate �3.789.234 to the TUT Common
Fund for these e�penses; and
�1'HEREAS, pa}�ment oF the aforementioned expenses results in an unclaimed balance in
the 7UT Common Fund in the amount of�4.228.219: and
\VHEREAS; pwsuant to the Final Order, anv unciaimed ponion of the TUT Common
Fund: in �+�hich the Ciri° retains a re��ersionar�� interest, shall be earmarked as sepazate From the
Citv`s General Fund and shall be used for the benefit of Chula Visra citizens to address
communications, police sen�ices. fire services. libraries: parks and recreation sen�ices.
I
Resolution No. 2014-033
Pa�;e 2
NOVd; THEREFORE. BE IT RESOLVED by the Cit}� Council of the Cirn of Chula
Vista. that it does herebv authorize the followin� in accordance with the settlement agreement in
the matter of Carla Villa et. al. v. Cit�� of Chula Vista:
1) Authorize the transfer of�8,017,453 in �'ireless Telephone Users Tas revenues from
the General Fund to the TUT Common Fund and appropriate $8,O17.453 to the
Transfers Out Categorv of the Non-Departmental budget; and
Z) Appropriate $3,789,234 to the Other Expense Categor�� of the TUT Common Fund
for eapenses outlined in the settlement agreement as specified herein, above.
Presented b�� Approved as to form by
.
�/�� �.—� O� /.�.,� -
M r'a Kachadoorian len R. oogins
Director of Finance ity Atto ey
PASSED. APPRO\'ED, and ADOPTED by the City Council of the Cit}� of Chula Vista;
California; this 18th day of Februazy 2014 by the following vote:
AYES: Councilmembers: Aeuilar; Bensoussan; Ramirez; Salas and Cos
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
� /
Cheryl Cox, M or
ATTEST:
/I����.(,cu./-
Donna R. Norris, C C, Cit}' Clerk
STATE OF CALIFORNIA )
COUI�'TY OF SAN DIEGO )
CITY OF C3iULA VISTA )
L Donna R. Norcis, Cit�� Clerk of Chula Vista, Califomia, do hereby certify that the foreeoing
Resolution No. 2014-033 ���as du]}� passed, approved, and adopted by the City Counci] at a
regular meeting of the Chula Vista City Council held on the 18th day of February 2014.
Executed this 18th day of February 2014.
/�.���. 9� �/'✓o �iS.S, _
Donna R. Norri , CMC, City Clerk