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HomeMy WebLinkAboutReso 1997-18674 RESOLUTION NO. 18674 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND VILLAGE DEVELOPMENT, UL.C. FOR ALL INITIAL CONSULTING AND ADMINISTRATIVE COST AND EXPENSES ASSOCIATED WITH FORMING A PUBLIC FINANCING DISTRICT FOR CERTAIN IMPROVEMENTS SERVING THE OTAY RANCH VILLAGE ONE, WAIVING CONSULTANT SELECTION PROCESS AND GUIDELINES, AND APPROVING AGREEMENTS WITH BERRYMAN & HENIGAR; BROWN DIVEN & HENTSCHKE; AND KADIE-JENSEN, JOHNSON & BODNAR FOR SERVICES ASSOCIATED WITH SAID DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, pursuant to the"Municipal Improvement Act of 1913", Village Development has requested the City to initiate proceedings to form an assessment district for the acquisition or construction of public facilities associated with Village One of the Otay Ranch; and WHEREAS, Village Development has also signed an agreement providing for the advance of funds to pay for all initial consulting, City administration, and appraisal expenses related to the formation of said district, subject to reimbursement from bond proceeds; and WHEREAS, on April 9, 1997, Village Development submitted a letter to the City requesting expedition of the proceedings in order to have the Resolution of Intention approved by the Council as soon as possible; and WHEREAS, the developer is requesting that the City waive the formal consultant selection procedure and proceeding to hire the following "assessment team" to implement the district formation proceedings in accordance with the Municipal Improvement Act of 1913 and the Bond Act of 1915: City of Chula Vista Project Manager Berryman & Henigar Assessment Engineer Brown, Diven& Hentschke Bond Counsel Kadie-Jensen, Johnson & Bodnar Financial Consultant WHEREAS, staff has reviewed said request and considers that the immediate retention of these consultants is essential to successfully forming the district if the time constraints expressed by the developer are to be met; and WHEREAS, Municipal Code Section 2.56.070 authorizes the City Council to waive the normal consultant retention process when such process is impractical and the developer has requested that based on the time constraints imposed on the developer that the Council waive the selection process; and WHEREAS, to the extent that waiving the process could result in the remote possibility of a legal challenge, the City Attorney has suggested that as a condition of waiving the selection process that the developer agree to indemnify the City for its action. Resolution 18674 Page 2 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 Village Development, L.L.C. for all initial consulting and administrative cost and expenses associated with forming a public financing district for certain improvements serving the Qtay Ranch Village One, waiving consultant selection process and guidelines, and approving agreements with Berryman & Henigar; Brown Diven& Hentschke; and Kadie-Jensen, Johnson & Bodnar for services associated with said district. Said agreements to be placed on file in the City Clerk's Office to be known as Document Nos. as follows: Reimbursement Agreement CO97-054 Berryman & Henigar CO97-055 Brown Diven& Hentschke CQ97-056 Kadie-Jensen, Johnson & Bodnar CO97-057 BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said agreements on behalf of the City of Chula Vista. Presented by Approved as to form by Public Works Director ' n Resolution 18674 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chuta Vista, California, this 20th day of May, 1997, by the following vote: AYES: Councilmembers: Moot, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None ~ey~Horton, Mayor ATTEST: Beverly ~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18674 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of May, 1997. Executed this 20th day of May, 1997. ~Auth~let, City Clerk [ IT · I.