HomeMy WebLinkAboutReso 2002-335 RESOLUTION NO. 2002-335
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROViNG THE iNITIATION OF
PROCEEDiNGS TO CONSIDER THE FORMATION OF
COMMUNITY FACILITIES DISTRICT NO. 07-1
(BROOKFIELD SHEA OTAY VILLAGE 11) FOR THE
BROOKFIELD SHEA DEVELOPMENT 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 Otay Project, L.P. (the "Applicant"), requesting that this City
Council initiate proceedings pursuant to the MellooRoos 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. 07-1 (Brookfield
Shea Otay LLC - Otay Ranch - Village 11) (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 territory within
Village 11 of the Otay Ranch owned by and to be developed by the Applicant; and
Vv~-IEREAS, 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, has been reviewed by the commtmity
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 further 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
VV]:IEREAS, 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.
SECTION 2. This City Council hereby accepts the Review Committee report.
Resolution 2002-335
Page 2
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 the City's
traffic enhancement program facilities as the Applicant and the City shall agree. The funds
necessary to finance the acquisition or construction of such transportation facilities shall be
provided 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 reason at any time prior to the
completion thereof.
SECTION 4. The form of the reimbursement agreement by and between the City and
Brookfield Shea Otay, LLC is hereby approved. The City Manager or the Assistant City
Manager is hereby authorized to execute such agreement 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
J i JQhf329I. Kaheny ')
Public Works Director ~j~ Attomey
Resolution 2002-335
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 27th day of August, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Horton,fiylayor
ATTEST:
Susan Bigelow, City Clerk ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-335 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 27th day of August, 2002.
Executed this 27th day of August, 2002.
Susan Bigelow, City Clerk