HomeMy WebLinkAboutReso 2003-344RESOLUTION NO. 2003-344
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AS IMPRACTICAL AND APPROVING THE SIXTH
AMENDMENT TO THE AGREEMENT WITH BEST BEST &
KRIEGER, LLP, FOR PROVIDING ADDITIONAL BOND
COUNSEL SERVICES, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AMENDMENT
WHEREAS, the City's agreement with Brown Diven Hessel & Brewer was approved by
Council on March 15, 1999 by Resolution No. 19388, and amended by Council on September
12, 2000 by Resolution No. 2000-320, thereby replacing Brown Diven Hessel & Brewer with
Best Best & Krieger, LLP; and
WHEREAS, Eastlake Company has made a request for the City to consider changes to
the Acquisition/Financing Agreement for Community Facilities District No. 06-I (Eastlake
Woods, Vistas, and Land Swap) to modify the list of eligible improvements in order to 1) reflect
updated cost of such facilities from recent construction cost audits, and 2) add new facilities
eligible for financing by CFD No. 06-I bond proceeds; and
WHEREAS, Otay Ranch Village 6 (CFD No. 08-I) has made a request for an Amended
Rate and Method of Apportionment and a Change and Modification of Proceedings to increase
the amount of bond proceeds that may be serviced from the special tax in order to purchase
additional facilities; and
WHEREAS, Best Best & Krieger has provided consultant services for several eastern
City territories, the firm's knowledge of this area is extensive and current; and
WHEREAS, Best Best & Krieger's scope of work includes assisting staff in analyzing
developer's requests and conducting proceedings; providing coordination between staff,
developer and financing team for resolution of related policy, procedural, legal and financial
issues; and in preparing necessary documentation in preparation for City Council meetings and
attendance as required; and
WHEREAS, Best Best & Krieger's scope of work includes providing legal instruction
and advice to staff in analyzing the developer's requests and conducting the proceedings;
preparing the proposed amendment document and all resolutions, notices and other required
documentation; attending meetings with staff, developers, financial team and City Council
meetings as necessary; 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 previously provided consultant services to the City pertaining to the
formation of CFD No. 06-1, CFD No. 2001-02 and CFD No. 08~1; and
That possesses extensive knowledge and experience in CFD related issues; and
That has mastered a unique understanding of the development issues in the City
of Chula Vista particularly as they relate to the City's eastern territories.
Resolution 2003-344
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby waive the consultant selection process and approve the sixth amendment to
the agreemem with Best Best & Kfieger, LLP, to provide additional bond counsel services, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City.
Presented by
Approved as to form by:
~Cliff/j~.r~/Swanson
Eng'ifl~efing Director
Ann Moore
City Attorney
Resolution 2003-344
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of August, 2003, by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST:
Councilmembers:
Councilmembers:
Councilmembers:
Davis, McCann, Rindone and Padilla
None
Salas
Susan Bigelow, City Clerl~
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. 2003-344 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of August, 2003.
Executed this 19th day of August, 2003.
Susan Bigelow, City Clet~