HomeMy WebLinkAboutReso 2026-049RESOLUTION NO. 2026-049
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEGAL SERVICES
AGREEMENT WITH BEST, BEST & KRIEGER LLP FOR
COMMUNITY FACILITIES DISTRICTS AND PUBLIC
FINANCING LEGAL SERVICES
WHEREAS, the City of Chula Vista (“City”) facilitates the formation of Community
Facilities Districts (“CFD”) and other public financing mechanisms to fund public infrastructure
and development-related improvements; and
WHEREAS, the formation and administration of CFD and related financing activities
require specialized legal expertise in public finance, including compliance with the Mello-Roos
Community Facilities Act, bond issuance, and disclosure requirements; and
WHEREAS, the City desires to retain Best, Best & Krieger LLP (“Attorney”) to provide
such specialized legal services on an as-needed basis; and
WHEREAS, the proposed Legal Services Agreement (“Agreement”) establishes an on-
call, task order-based structure that allows the City to authorize services for specific projects
through written task orders or purchase orders; and
WHEREAS, in accordance with Chula Vista Muncipal Code (“CMVC”) Section 2.56.110
(F), staff has determined that Best, Best & Krieger has demonstrated the competence and
qualifications for the services required, including their knowledge and experience with the CFD
public financing legal services, including formation and bond financings, and has also determined
that their fees are fair and reasonable; and
WHEREAS, the City Attorney’s Office in consultation with the City Council, has determined
that pursuant to CVMC Section 2.56.110(H)(3) and 2.56.070(B)(3), waives the competetive bidding
requirements as applied to contract with Best, Best & Krieger as impractical, impossible and the City
interest are materially better served by applying a different purchasing procedure approved by the
Purchasing Agent as being consistent with good purchasing practices; and
WHEREAS, staff recommends that the City enter into an agreement with Best, Best &
Krieger to provide necessary public financing services for CFDs; and
WHEREAS, Best, Best & Krieger warrants and represents that it is experienced and staffed
in a manner such that it can deliver the services required to the City in accordance with the time
frames and the terms and conditions of the Agreement; and
WHEREAS, the Agreement provides for a total compensation amount not to exceed Three
Hundred Thousand Dollars ($300,000) over an initial three-year term, with two (2) optional one
(1) year extensions; and
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WHEREAS, all costs associated with services performed under the Agreement will be fully
recovered from developers through established cost recovery mechanisms; and
WHEREAS, the City Council has reviewed the proposed Agreement and determined that
it is in the best interest of the City to approve the Agreement to ensure timely and consistent access
to specialized legal services in support of development and infrastructure financing; and
WHEREAS, the proposed activity is not a “Project” as defined under Section 15378 of the
California Environmental Quality Act (“CEQA”) State Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment and therefore is not
subject to CEQA pursuant to Section 15060(c)(3) of the State CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves a legal services agreement with Best, Best & Krieger LLP for CFD and public
financing legal services.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Roy Sapa’u Marco A. Verdugo
Deputy City Manager/ City Attorney
Director of Development Services
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of April 2026, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2026-049 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 14th day of April 2026.
Executed this 14th day of April 2026.
Kerry K. Bigelow, MMC, City Clerk
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