HomeMy WebLinkAboutReso 2010-023RESOLUTION NO.2010-023
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. 15 - I
(OTAY RANCH -VILLAGE TWO) FOR A PORTION OF
VILLAGE TWO OF THE OTAY RANCH AND APPROVING THE
ASSOCIATED ADVANCE DEPOSIT AND REIMBURSEMENT
AGREEMENT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID AGREEMENT
WHEREAS, the City of Chula Vista, California, has been presented with and has received an
application from Baldwin & Sons, LLC, a California limited liability company (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
form a community facilities district preliminarily designated as Community Facilities District No.
15-I (Otay Ranch Village Two) (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 Two of the Otay Ranch owned by and to be developed by affiliates of the Applicant and
comprising approximately 233 non-contiguous acres within Village Two; and
WHEREAS, such application has, as required by the City of Chula V ista 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 formation of the District subject to subsequent
compliance of the proposed District with the Goals and Policies, including without limitation, the
improvements proposed to be financed through the District, the financial feasibility of the District
and the development of the property within the District; and
WHEREAS, the Community Facilities Advance Deposit and Reimbursement Agreement (the
"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.
Resolution No. 2010-023
Page 2
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION ] . The above recitals aze all true and correct.
SECTION 2. This City Council hereby accepts the report of the Review Committee.
SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider
the formation ofthe District as requested by the Applicant subject to all requirements ofthe Act and
the Goals and Policies.
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 particulaz 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 Reimbursement Agreement by and between the City and the Applicant 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 such officer, following consultation with the City
Attorney, deem to be in the best interests of the City.
SECTION 5. This Resolution shall become effective upon its adoption.
Presented by
Gary Halb t, A CP, P
Deputy Ci~y Manager/Development
Services Director
Approved as to form by
Resolution No. 20l 0-023
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of February 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Ma r
ATTEST:
~irn,u Q ~ J-' oi~5,vo
Donna R. Norris, CMC, City 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. 2010-023 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 2nd day of February 2010.
Executed this 2nd day of February 2010.
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Donna R. Norris, CMC, City Clerk