HomeMy WebLinkAboutReso 2002-063 RESOLUTION NO. 2002-063
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND RETAINING THE FIRM OF BEST, BEST AND
KRIEGER, LLP, AS THE SPECIAL TAX LEGAL COUNSEL
FOR THE FORMATION OF MAINTENANCE COMMUNITY
FACILITIES DISTRICTS FOR EASTLAKE III WOODS &
VISTAS, MCMILL1N COMPANY VILLAGE 6, OTAY RANCH
VILLAGE 6, BROOKFIELD-SHEA-OTAY VILLAGE 11,
VILLAGE 12 FREEWAY COMMERCIAL AND EASTLAKE
LAND SWAP PARCEL, PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, Best, Best & Krieger, LLP will provide legal counseling during the
formation of all the districts for a fee not to exceed $10,000 for each district; and
WHEREAS, Warren Diven, currently "of counsel" to Best Best & Krieger, would be lead
counsel for the firm and would be responsible for the delivery of all legal services for this
agreement; and
WHEREAS, Mr. Diven was selected based on the quality of previous similar work
performed in association with the City's formation of various financing districts over a period of
15 years, his familiarity with the current development in eastern Chula Vista, and his provision
of legal services to the City for the formation of major open space districts in that area (Eastlake
I, Rancho Del Rey, Sunbow, and Otay Ranch); and
WHEREAS, in addition, Mr. Diven has been the legal counsel on all the existing
assessment and community facilities districts formed to finance the construction of backbone
facilities serving the major developments in the area and has worked with the MuniFinancial;
and
WHEREAS, staff recommends that the City's consultant selection process for legal
counsel be waived in the interest of providing a team:
o That has demonstrated an ability to work together efficiently on past & present projects,
o That possesses extensive knowledge and experience in this type of work,
o That has mastered a unique understanding of the development issues in the City of Chula
Vista.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby waive the consultant selection process and approve an Agreement with Best,
Best & Krieger, LLP as the Special Tax Legal Counsel for the formation of Maintenance
Community Facilities Districts for Eastlake III Woods & Vistas, McMillin Company Village 6,
Otay Ranch Village 6, Brookfield-Shea-Otay Village 1, Village 12 Freeway Commercial and
Eastlake Land Swap Parcel, pursuant to the "Mello-Roos Community Facilities Act of 1982," a
copy of which shall be kept on file in the Office of the City Clerk.
Resolution 2002-063
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
Presented by Approved as to form by
J~ (~/'r~~ j~M. Kahen'~yf~''a~- ~-
~blicP'~iOpr~DirectOr City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of March, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hortor~(iVl~ayor
ATTEST:
Susan Bigelow, City Clerk 0 -
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-063 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 12th day of March, 2002.
Executed this 12th day of March, 2002.
Susan Bigelow, City Clerk -