HomeMy WebLinkAboutReso 1998-19024 RESOLUTION NO. 19024
RESOLUTION OF THE CITY COUNCIL QF THE CITY OF CHULA
VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF CHULA VISTA AND MCMILLIN - D.A. AMERICA
OTAY RANCH LLC FOR ALL INITIAL CONSULTING AND
ADMINISTRATIVE COST AND EXPENSES ASSOCIATED WITH
FORMING A COMMUNITY FACILITIES DISTRICT FOR
FINANCING THE CONSTRUCTION OR ACQUISITION OF
CERTAIN IMPROVEMENTS SERVING THE MCMILLIN OTAY
RANCH PROJECT, WAIVING CONSULTANT SELECTION
PROCESS AND GUIDELINES FOR THE SELECTION OF BROWN,
DIVEN, HESSLE & BREWER AS BOND COUNSEL, AND
APPROVING AGREEMENTS WITH FIELDMAN, ROLAPP &
ASSOCIATES, DAVID TAUSSIG & ASSOCIATES , AND
BROWN, DIVEN, HESSLE & BREWER FOR SERVICES
ASSOCIATED WITH SAID DISTRICT AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, McMillin - D.A. America Otay Ranch LLC has requested the City to initiate
proceedings to form a Community Facilities District (CFD) for the acquisition or construction
of public facilities associated with the McMillin Otay Ranch project; and
WHEREAS, it is necessary to select a consultant team which will provide assistance
to the City during the proceedings; and
WHEREAS, the Financial Advisor and Special Tax Consultant were selected through
a Request for Proposals process and Fieldman, Rolapp & Associates as Financial Advisor and
David Taussig & Associates as Special Tax Consultant were ranked the highest among the
respective applicants by the Selection Committee; and
WHEREAS, due to Brown, Diven, Hessle & Brewer's involvement in the implementation
of CFD policies and formation of CFDs in the Otay Ranch, their demonstrated competence and
qualifications and their familiarity with City's requirements, staff believes that they are the
best qualified candidate and recommends waiving the consultation selection process in that
it would be impractical to follow a competitive selection process; and
WHEREAS, the developer has already signed a Reimbursement Agreement providing
for the advance of funds to pay for all initial consulting and City administration expenses
related to the formation of said district, subject to reimbursement from bond proceeds.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve a Reimbursement Agreement between the City of Chula Vista and McMillin -
D.A. America Otay Ranch LLC for all initial consulting and administrative cost and expenses
associated with forming a Community Facilities District for financing the construction or
acquisition of certain improvements serving the McMillin Otay Ranch project a copy of which
shall be kept on file in the office of the City Clerk as Document No. C098-085.
BE IT FURTHER RESOLVED that the City Council does hereby find in accordance with
Section 2.56.070 of the Chula Vista Municipal Code that the bidding process is impractical
Resolution 19024
Page 2
and waives the consultant selection process and guidelines for the selection of Brown, Divert,
Hessle & Brewer as Bond Counsel and does approve an Agreement with Brown, Diven, Hessle
& Brewer for legal services for the formation of a Community Facilities District and the sale
of bonds, a copy of which shall be kept on file in the office of the City Clerk as Document No.
CO98-086.
BE IT FURTHER RESOLVED that the City Council does hereby approve an
agreement with Fieldman, Rolapp & Associates for financial advisory services for the
formation of a Community Facilities District and the sale of bonds, a copy of which shall be
kept on file in the office of the City Clerk as Document No. CO98-087.
BE IT FURTHER RESOLVED that the City Council does hereby approve an
agreement with David Taussig & Associates for Comrnunity Facilities District Assessment
Engineering Services, a copy of which shall be kept on file in the office of the City Clerk as
Document No. CO98-088.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed
to execute said agreements for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
Resolution 19024
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of June, 1998, by the following vote:
AYES: Councilmembers: Padilia, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: Moot
ATTEST:
~Auth~let, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19024 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 June, 1998.
Executed this 2nd day of June, 1998.
~uth~el'et ,~