HomeMy WebLinkAboutReso 2009-092RESOLUTION N0.2009-092
RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA
VISTA ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2008-I OF THE
CITY OF CHULA VISTA ORDERING JUDICIAL
FORECLOSURE OF DELINQUENT SPECIAL ASSESSMENTS
PURSUANT TO THE MELLO-RODS COMMUNITY
FACILITIES ACT OF 1982
WHEREAS, Community Facilities District No. 2008-I of the City of Chula Vista ("CFD
No. 2008-I") has incurred bonded indebtedness and levied special assessments for the payment
of bonds pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as
amended, being Chapter 2.5, Part 1, Division 2, Title 5 of Government Code ("Mello-Roos
Act"); and
WHEREAS, pursuant to the Mello-Roos Act, CFD No. 2008-I has duly levied and
recorded the unpaid special assessments, which special assessments and each installment thereof
and interest and penalties thereon constitute liens against the lots and parcels of land against
which they are made, until the same are paid; and
WHEREAS, certain special assessment installments have not been paid when due, and
certain installments of those special assessments may not be paid in the future; and
WHEREAS, under the provisions of Section 53356.1 of the Government Code of the
State of California, the City Council of the City of Chula Vista ("City Council"), acting in its
capacity as the legislative body of CFD No. 2008-I is authorized and may order that a
foreclosure action be brought to collect the delinquent special assessments due against the
properties within CFD No. 2008-] not later than four (4) years after the date of delinquency of
the last installment due on the bond; and
WHEREAS, pursuant to the provisions of Section 53356.1 (b) of the Mello-Roos Act,
CFD No. 2008-I has covenanted with bondholders to institute judicial foreclosure proceedings
against parcels within CFD No. 2008-I with delinquent special taxes; and
WHEREAS, the City Council, acting in its capacity as the legislative body of CFD
No. 2008-I has determined that the public convenience and necessity require prompt action at the
City of Chula Vista's discretion, to initiate foreclosure proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council, acting in its capacity as
the legislative body of CFD No. 2008-I, as follows:
Resolution No. 2009-092
Page 2
SECTION 1. The delinquent special assessments on parcels listed in Exhibit A attached
hereto and incorporated herein, and all future installments of special assessments which are not
paid when due shall be collected by action brought in the Superior Court of San Diego County to
foreclose the delinquent special assessments to the extent allowed by law.
SECTION 2. CFD No. 2008-I is hereby authorized and directed to have the law firm of
Stradling Yocca Cazlson & Rauth ("Special Counsel"), 660 Newport Center Drive, Suite 1600,
Newport Beach, California 92660, institute such actions in the name of CFD No. 2008-I and the
City of Chula Vista to foreclose the delinquent special assessments.
SECTION 3. The Director of Finance of the City of Chula Vista, or his/her written
designee, in cooperation and in conjunction with Special Counsel, is authorized and directed to
transmit a certified copy of this resolution to the Auditor/Controller's office of the County of San
Diego with a letter that shall state that:
a. The City Council has ordered that the delinquent special assessment
installments be collected by action brought in the Superior Court of San Diego County to
foreclose the delinquent special assessments.
b. All inquiries regarding payment of the delinquent special assessments shall be
forwarded to Stradling Yocca Cazlson & Rauth c/o Allison E. Bums, Esq., 660 Newport
Center Drive, Suite 1600, Newport Beach, California 92660.
SECTION 4. This resolution shall take effect immediately upon its adoption.
Presented by
Maz' Kachadoorian
Director of Finance
Approved as to form
Resolution No. 2009-092
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of April 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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Cheryl Cox, >\ yor
ATTEST:
0 4
Donna R. Norris, CMC, Ci Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-092 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of April 2009.
Executed this 28th day of Apri12009.
Donna R. Norris, MC, ity Clerk
Resolution No. 2009-092
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EXHIBIT A
List of Delinquent Property (Bv Assessor's Parcel Number)-Assessment District No. 2008-I
643-591-03-00