HomeMy WebLinkAboutReso 2019-221RESOLUTION NO. 2019-221
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF
THE BAYFRONT PROJECT SPECIAL TAX FINANCING
DISTRICT, DEEMING IT NECESSARY TO INCUR A BONDED
INDEBTEDNESS OF SUCH DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Chula Vista (the “City”),
previously adopted its Resolution No. 2019-168 on September 10, 2019 (the “Resolution of
Intention”) and proposed to establish the Bayfront Project Special Tax Financin g District (the
“District”) under and pursuant to the terms and provisions Chapter 3.61 of the Chula Vista
Municipal Code (“Chapter 3.61”) and to levy a special tax therein to finance the purchase,
construction, expansion, improvement, rehabilitation, replacement and upgrade, including
ongoing capital repairs of certain public and private improvements located only (a) within the
Chula Vista Bayfront Master Plan (the “CVBMP”); or (b) outside the CVBMP territory but
required by mitigation measures specified within the Project EIR (as such term is defined in the
Joint Community Facilities Agreement (Chula Vista Bayfront Project Special Tax Financing
District) and for which the San Diego Unified Port District or the City are responsible, as described
in Exhibit “A,” attached hereto and incorporated herein by this reference (the “Improvements”);
and
WHEREAS, the Resolution of Intention fixed the time and place for a public hearing to be
held where the City Council will consider the establishment of the District, the rate and method of
apportionment of the Special Tax (as defined in the Resolution of Intention) proposed to be levied
within the District, the extent of the District, the financing of certain types of public and private
improvements, maintenance and services and all other related matters (the “Establishment Public
Hearing”); and
WHEREAS, the City Council also adopted its Resolution No. 2019-169 (the “Original
Resolution Declaring Necessity to Incur Bonded Indebtedness”) on September 10, 2019, declaring
that the public convenience and necessity requires that a bonded indebtedness be incurred by the
District in an amount not to exceed $125,000,000 to contribute to the financing of the
Improvements; and
WHEREAS, the Resolution Declaring Necessity to Incur Bonded Indebtedness fixed the
time and place for a public hearing to be held on the intention of the City Council to incur a bonded
indebtedness of the District to contribute to the financing of the Improvements, such indebtedness
to be secured by all or a portion of the levy of special taxes within the District (the “Indebtedness
Public Hearing” and, together with the Establishment Public Hearing, the “Public Hearings”); and
WHEREAS, pursuant to the Resolution of Intention and the Original Resolution Declaring
Necessity to Incur Bonded Indebtedness, the Public Hearings were set by the City Council for
Tuesday, October 15, 2019, at the hour of 5:00 p.m., or as soon thereafter as the City Council
might reach the matters, in the Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista,
California; and
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WHEREAS, there are on file with the City Clerk, separate proofs of publication of the
Notice of Public Hearing regarding the establishment of the District and the necessity to incur
bonded indebtedness of the District (the “Notice of Public Hearing”) in the Star News and a
Certificate of Mailing of Notice of Public Hearings (the “Certificate of Mailing”) showing mailed
notice of the Public Hearings to each property owner within the District; and
WHEREAS, at the time and place specified for the Public Hearings, the City Council
consolidated and opened the Public Hearings and approved a motion to continue the Public
Hearings to November 5, 2019, at the hour of 5:00 p.m., or as soon thereafter as the City Council
might reach the matters, in the Council Chambers, City Hall, 276 Fourth Avenue, Chula Vista,
California; and
WHEREAS, on November 5, 2019 at the time and place specified for the continued Public
Hearings, the City Council reopened the consolidated Public Hearings and approved a motion to
continue the Public Hearings to November 19, 2019, at the hour of 5:00 p.m., or as soon thereafter
as the City Council might reach the matters, in the City Council Chambers, City Hall, 276 Fourth
Avenue, Chula Vista, California; and
WHEREAS, subsequent to the adoption of the Original Resolution Declaring Necessity to
Incur Bonded Indebtedness, there was additional analysis of the reasonably foreseeable revenues
to be generated by the District and on November 12, 2019, the City Council adopted Resolution
No. 2019-208 (the “Amended Resolution Declaring Necessity to Incur Bonded Indebtedness” and,
together with the Original Resolution Declaring Necessity to Incur Bonded Indebtedness, the
“Resolution Declaring Necessity to Incur Bonded Indebtedness”) to increase the amount of
authorized bonded indebtedness of the District to $175,000,000 and notice of such proposed
increase was published in the Star News on November 8, 2019 (the “Amended Notice of Public
Hearing”); and
WHEREAS, at the time and place specified for the continued Public Hearings, the City
Council reopened and conducted the Public Hearings, all persons interested, including, but not
limited to, all taxpayers and property owners within the District were given an opportunit y to
appear and be heard, and to present any matters relating to the necessity for incurring bonded
indebtedness of the District to contribute to the financing of the Improvements; and the testimony
of all interested persons and all taxpayers and property owners for or against the authorization to
issue bonds of the District or any other matters in the Resolution Declaring Necessity to Incur
Bonded Indebtedness was heard and considered by the City Council; and
WHEREAS, the City Council has adopted on this date Resolution No. 2019-220
establishing the District (the “Resolution of Formation”) which sets forth the Special Tax to be
authorized to be levied within the District and the Improvements and Services that may be financed
with the proceeds of such Special Tax; and
WHEREAS, at this time the City Council, acting as the legislative body of the District,
desires to proceed to make the determination of necessity to incur a bonded indebtedness for the
District, to declare the purposes for such debt, and to authorize the submittal of a proposition to
the qualified electors of the District, being the landowners of the District, all as authorized and
required by Chapter 3.61.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING AS THE LEGISLATIVE BODY OF THE BAYFRONT PROJECT
SPECIAL TAX FINANCING DISTRICT, AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Authority. This Resolution is adopted pursuant to the provisions of Chapter
3.61.
SECTION 3. Findings and Declarations. The City Council hereby specifically finds and
declares that the actions authorized hereby constitute and are with respect to municipal affairs of
the City and that the statements, findings, and determinations of the City Council set forth above
are true and correct.
SECTION 4. Notice of the Indebtedness Public Hearing. The City Council accepts the
proof of the Notice of Public Hearing, the Amended Notice of Public Hearing and the Certificate
of Mailing and finds, based thereon, that the proper notice of the Indebtedness Public Hearing has
been given in accordance with Chapter 3.61 and that the Indebtedness Public Hearing was
conducted with proper and legal notice in all respects.
SECTION 5. Necessity for Bonded Indebtedness. The City Council hereby expressly
deems that the public convenience and necessity require that a bonded indebtedness of the District
be incurred as authorized under the terms and provisions of Chapter 3.61 to contribute to the
financing of the Improvements.
SECTION 6. Purpose for Bonded Indebtedness. The specific purpose for the proposed
bonded indebtedness is to contribute to the cost of financing of the Improvements.
The cost of financing the Improvements may include, but not be limited to, all costs and
estimated costs incidental to, or connected with, the accomplishment of the purpose for which the
bonded indebtedness is proposed to be incurred, including but not limited to, the estimated costs
of the purchase, construction, expansion, improvement, rehabilitation, including ongoing capital
repairs, and inspection of the Improvements; satisfaction of contractual obligations relating to
expenses or the advancement of funds for expenses existing at the time the bonds are issued
pursuant to Chapter 3.61; architectural, engineering, inspection, legal, fiscal, and financial
consultant fees; bond and other reserve funds; discount fees; interest on any bonds as authorized
pursuant to Chapter 3.61; election costs; all costs associated with the establishment of the District;
all costs associated with the issuance of the bonds, including, but not limited to, fees of bond
counsel, costs of obtaining credit ratings, bond insurance premiums, fees for letters of credit, and
other credit enhancement costs, and printing costs; costs of the administration of bonds to be issued
for the District, including the payment of any rebate obligation due and owing to the federal
government, the determination of the amount of any Special Taxes to be levied; the cost of
collecting any Special Taxes; Incidental Expenses (as such term is defined in Government Code
Section 53317(e)) and costs otherwise incurred in order to carry out the authorized purposes of the
District.
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SECTION 7. Territory to Pay for Bonded Indebtedness.
This City Council determines that the property subject to the levy of the Special Tax within
the District will pay for the bonded indebtedness of the District. A general description of the
District is as follows:
All that property as shown on a map as previously approved by this City Council,
such map entitled “Map of Proposed Boundaries of the Bayfront Project Special
Tax Financing 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. The boundary
map of the District has been filed pursuant to Sections 3111 and 3113 of the Streets
and Highways Code of the State of California in the Office of the County Recorder
of the County of San Diego, at Page 38-44 of Book 48 of the Book of Maps of
Assessment and Community Facilities Districts for such County.
SECTION 8. Bond Authorization. The amount of the bonded indebtedness of the District
may include all costs and estimated costs incidental to, or connected with, the accomplishment of
the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to
Chapter 3.61, including all costs described in Section 6 above. The amount of the indebtedness
proposed to be authorized shall not exceed $175,000,000.
SECTION 9. Bond Term and Interest Rate. This City Council hereby further determines
that the maximum term of bonds and/or any series shall not exceed forty (40) years, and such
bonds may be issued in differing series, at differing times. The maximum rate of interest to be
paid on such bonds ma y not exceed the greater of either twelve percent (12%) per annum or the
maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except where
other funds are made available, shall be paid exclusively from the annual levy of the Special Tax
within the District, and are not secured by any other taxing power or funds of the District or the
City. The bonded indebtedness may be in the form of bonds, certificates of participation, long-
term leases, loans from government agencies, or loans from banks, other financial institutions,
private borrowing or individuals, or long-term contracts as permitted by Chapter 3.61.
SECTION 10. Accountability Measures. Pursuant to and in compliance with the provisions
of Article 1.5 (commencing with Section 53410) of Chapter 3 of Part 1 of Division 2 of Title 5 of
the Government Code, this City Council hereby establishes the following accountability measures
pertaining to any bonded indebtedness incurred by or on behalf of the District:
A. Such bonded indebtedness shall be incurred for the applicable specific purposes set
forth in the Section 6.
B. The proceeds of any such bonded indebtedness shall be applied only to the
applicable specific purposes identified in Section 6.
C. The document or documents establishing the terms and conditions for the issuance
of any such bonded indebtedness shall provide for the creation of an account into
which the proceeds of such indebtedness shall be deposited.
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D. The City Manager or his or her designee, acting for and on behalf of the District,
shall annually file a report with this City Council, as the legislative body of the
District, as required by Government Code Section 53411.
SECTION 11. Election. The proposition related to the incurring of the bonded
indebtedness for the District (the “Bond Indebtedness Proposition”) shall be submitted to the
appropriate qualified voters of the District, together with ballot propositions to authorize the levy
of Special Taxes within the District and to establish an appropriations limit for the District, at a
special election to be held on February 18, 2020, and such election shall be a mail ballot special
election to be conducted by the City Clerk (the “Election Official”). The mail ballots are required
to be received in the office of the Election Official by the hour of 12:00 p.m. on February 18, 2020,
at which time the election shall be closed.
If the Bond Indebtedness Proposition receives the approval of two-thirds or more of the
votes cast within the District, with votes allocated pursuant to Chapter 3.61, the bonds of the
District may be issued and sold for the purposes authorized.
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of November 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2019-221 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 November 2019.
Executed this 19th day of November 2019.
Kerry K. Bigelow, MMC, City Clerk
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EXHIBIT A
DESCRIPTION OF THE AUTHORIZED IMPROVEMENTS
1. Convention Center Facility (as defined in Chula Vista Municipal Code Chapter 3.61);
2. Street improvements, including grading, paving, curbs, gutters, sidewalks, street
signalization, signage, street lights, furnishings, and parkway and median landscaping
related thereto;
3. Gateway signage;
4. Pedestrian and bicycle paths;
5. Storm drains and other water quality devices to ensure regional permit compliance;
6. Public utilities (including but not limited to water, reclaimed water, sewer, electric, gas,
and telephone);
7. Public parks, open space and recreation facilities;
8. Fire protection and emergency response facilities;
9. Parking improvements;
10. Museums and cultural facilities;
11. Ecological and sustainability educational improvements;
12. Energy efficiency, water conservation, and renewable energy improvements;
13. Land, rights-of-way and easements necessary for any facilities to be financed by the
District; and
14. Equipment, apparatus, facilities or fixtures with an expected useful life of 5 years or longer
necessary for any of the foregoing or necessary to provide any of the services described in
authorized by the resolution forming the District.
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