HomeMy WebLinkAboutReso 2007-124
RESOLUTION NO. 2007-124
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND NBS GOVERNMENT FINANCE GROUP, DBA NBS,
FOR PROPOSITION 218 BALLOT SERVICES FOR
CERTAIN OPEN SPACE DISTRlCTS AND AUTHORlZING
THE MAYOR TO EXECUTE THE AMENDMENT
WHEREAS, the City of Chula Vista and NBS Government Finance Group, dba NBS
(NBS) entered into an Agreement dated May 10, 2005 where NBS agreed to assist the City with
various tasks related to Assessment Districts, Mello- Roos, Community Facilities Districts, and
Open Space Districts; and
WHEREAS, that Agreement allows for the provision of Proposition 218 Compliance as
an optional item; and
WHEREAS, the City administers and maintains thirty-six (36) Open Space Districts
(OSDs) and associated zones; and
WHEREAS, these OSDs provide a financing mechanism to maintain the public open
space areas associated with each particular development and were formed under the 1972
Landscaping and Lighting Act found in Streets and Highways Code sections 22500 et. seq.; and
WHEREAS, OSDs 3, 7, 9, OSD 20 Zones 2, 4, 7, OSD 23 and Eastlake Maintenance
District No. I (ELMD NO.1) Zones A and D have not received recommended levels of service
due to lack of resources; and
WHEREAS, the current maximum allowable assessment does not meet maintenance
budget requirements for these OSDs; and
WHEREAS, certain of these OSDs are operating at a deficit level and reserves have been
exhausted and others of these OSDs' reserves are below the Municipal Code allowance because
they have been subsidizing shortfalls and are projected to be exhausted in the near future; and
WHEREAS, the City proposes to conduct a Proposition 218 ballot process to see if there
is support for increasing the maximum allowable assessment in these OSDs; and
WHEREAS, NBS can perform all aspects of the Proposition 218 ballot process; and
WHEREAS, the Engineering Department's operating budget can accommodate up to
$75,000 to fund the additional required Proposition 218 services to support the ballot process.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it approves an amendment to an Agreement between the City of Chula Vista and NBS
Government Finance Group, dba NBS for Proposition 218 ballot services for certain Open Space
Districts and authorizes the Mayor to execute the Amendment.
Resolution No. 2007-124
Page 2
Presented by
Approved as to form
~2~?7-P
Scott Tulloch
Acting Assistant City Manager/City Engineer
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Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 22nd day of May 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Cheryl ~blp:t
ATTEST:
lJ~ t:~
f;e'-susan Bigelow, ~C, 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. 2007-124 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day of May 2007.
Executed this 22nd day of May 2007.
J~ th~
? Susan Bigelow, 'iVi:MC, City Clerk