HomeMy WebLinkAboutReso 2005-035
RESOLUTION NO. 2005-035
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. 13-1
(OTAY RANCH VILLAGES TWO AND SEVEN) FOR A
PORTION OF VILLAGE SEVEN OF THE OTAY RANCH,
AND APPROVING THE FORM OF A REIMBURSEMENT
AGREEMENT WITH OT A Y PROJECT, LP
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 fonn a community
facilities district preliminarily designated as Community Facilities District No. 13-1 (Otay Ranch
Villages Two and Seven) (the "District") for the purpose of financing all or a portion of the cost
of the acquisition or construction of certain public facilities which are necessary to serve and/or
required as a condition of approval of the proposed development within the District; and
WHEREAS, the Applicant has requested that the District encompass that territory within
those portions of Villages Two and Seven of the Otay Ranch owned by and to be developed by
the Applicant; 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 fonnation 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 fonn 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 fonnation of the District and the issuance of
bonds by the District to be secured by the levy of special taxes with 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 2005-035
Page 2
SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider the
fonnation of the District as requested by the Applicant subject to all requirements of the Act and
the Goals and Policies.
The decision of this City Council to fonn the District is an exercise of the legislative
authority of this City Council. The adoption of this resolution and the approval of the
Reimbursement Agreement do not either collectively or separately obligate this City Council to
exercise its legislative discretion in a particular marmer. This resolution does not in any way
create a contractual, legal or equitable obligation of or commitment by this City Council to
approve the fonnation 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 fonn of the Reimbursement Agreement by and between the City and Otay
Project, LP is hereby approved. The City Manager is hereby authorized to execute such
agreement for and on behalf of the City with such changes thereto as the City Manager,
following consultation with the City Attorney and Best Best & Krieger L.L.P., 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
s Director
(À~
Ann Moore
City Attorney
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Resolution 2005-035
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of February, 2005, by the following vote:
AYES:
Councilrnembers:
Castaneda, Davis, McCarm, Rindone and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
62 cL!L
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Susan Bigelow, MMC, City CI
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. 2005-035 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of February, 2005.
Executed this 1st day of February, 2005.
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Susan Bigelow, MMC, City C rk