HomeMy WebLinkAboutReso 1993-17043 RESOLUTION NO. 17043
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A REIMBURSEMENT AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND CHULA VISTA AUTO PARK INC. FOR
ALL INITIAL CONSULTING AND ADMINISTRATIVE COSTS AND
EXPENSES ASSOCIATED WITH FORMING A PUBLIC FINANCING
DISTRICT FOR THE AUTO PARK PUBLIC IMPROVEMENTS, WAIVING
CONSULTANT SELECTION PROCESS AND GUIDELINES, AND
APPROVING AGREEMENTS WITH BROWN, DIVEN AND HENTSCHKE AND
STONE & YOUNGBERG FOR SERVICES ASSOCIATED WITH SAID
DISTRICT AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
WHEREAS, the developer has requested that the City retain consultants to
initially investigate the feasibility of public financing and then implement
proceedings in accordance with Municipal Improvement Act of 1913 and Bond Act of
1915 for financing the improvements; and,
WHEREAS, the owner has requested that the assessment team be composed as
follows:
_ 1. City of Chula Vista - Project Manager and Assessment Engineer
2. Brown, Diven and Hentschke - Bond Counsel
3. Stone & Youngberg - Underwriter
WHEREAS, staff concurs with the owner's proposal and considers that the
participation of these consultants is essential to successfully form the district
within the existing time constraints; and,
WHEREAS, both firms have substantial experience in their particular areas
of expertise, which is not available within the City, and have been hired for
several similar projects in Chula Vista and City staff participation in project
management and assessment engineering activities will ensure that all activities
conducive to the district formation are performed in a timely manner; and,
WHEREAS, the bond counsel will provide the legal services required in the
proceedings and will furnish his legal opinion to the city and bond holders on
the validity of the proceedings and bonds. Be will be compensated on a single
fee basis {approximately $20,000) to be calculated as a percentage of the final
bond issue; and,
WHEREAS, in consideration to the existing time constraints and the
familiarity of the proposed consultants with the area, staff is hereby requesting
the waiver of the consultant selection process and guidelines established by
Council Policy 102-05 and recommends retaining both consultants; and,
WHEREAS, the proposed consultants have signed agreements to do the work
outlined and staff has reviewed the proposed agreements and recommend approval
by Council; and,
Resolution No. 17043
Page 2
WHEREAS, approval of the Reimbursement Agreement between Chula Vista Auto
Park Inc. and the City will require the developer to advance the funds to form
the district and for repayment to the developer from bond proceeds upon
successful formation of the district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the consultant selection process and guidelines
established by Council Policy No. 102-05.
BE IT FURTHER RESOLVED that the City Council does hereby approve a
Reimbursement Agreement between the City of Chula Vista and Chula Vista Auto Park
Inc., known as document number C093-056, a copy of which is on file in the office
of the City Clerk, for all initial consulting and administrative costs and
expenses associated with forming a public financing district for the Auto Park
public improvements and approving agreements with Brown, Divert and Hentschke,
known as document number C093-055, and Stone & Youngberg, known as document
number C093-057, copies of which are on file in the office of the City Clerk, for
services associated with said district.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City
of Chula Vista,
Resolution No. 17043
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day of March, lgg3, by the following vote:
YES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
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. 17043 was duly passed, approved,
and adopted by the City Council held on the 23rd day of March, 1993.
Executed this 23rd day of March, 1993.
uth~let, city Clerk
11 ' 11'