HomeMy WebLinkAboutReso 2006-234
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RESOLUTION NO 2006-234
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO
THE AGREEMENT WITH BEST BEST AND KRIEGER, LLP,
FOR THE SPECIAL TAX LEGAL COUNSEL SERVICES
REQUIRED FOR THE FORMATION OF MAINTENANCE
COMMUNITY FACILITIES DISTRICT NO 13-M AND THE
ANNEXATION TO IMPROVEMENT AREA A OF THE
EXISTING OTAY RANCH PRESERVE MAINTENANCE
DISTRICT (CFD 97-2) FOR THE OTAY RANCH VILLAGE
TWO PROJECT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AMENDMENT
WHEREAS, Best, Best and Krieger, LLP, pursuant to an agreement approved by City
Council Resolution No. 2005-083, has been providing special legal counsel services, necessary
for the formation of maintenance Community Facilities District (CFD) for Otay Ranch Village
Seven, pursuant to the "Mello-Roos Community Facilities Act of 1982"; and
WHEREAS, staff is recommending that Best, Best and Krieger's agreement be amended
to enable the consultant to expand the scope of work to include similar legal counsel services for
the formation of Maintenance Community Facilities District 13-M and the annexation to
Improvement Area A of the existing Otay Ranch Preserve Maintenance District (CFD 97-2) for
Otay Ranch Village Two Project for a fee not to exceed $20,000; 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
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista, does hereby approve the first amendment to the Agreement with Best, Best & Krieger,
LLP as the Special Tax Legal Counsel for the formation of the Maintenance Community
Facilities District No. 13-M and the annexation to Improvement Area A of the existing Otay
Ranch Preserve Maintenance District (CFD 97-2) for Otay Ranch Village two, 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.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said amendment on behalf of the City
Resolution No. 2006-234
Page 2
Presented by
Approved as to form by
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Leah Browder
Acting Director of Engineering
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Aiin Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this I st day of August 2006 by the following vote:
AYES.
Councilmembers:
Castaneda, Chavez, McCann, and Padilla
NAYS:
Councilmembers:
None
ABSENT
Councilmembers:
Rindone
ATTEST.
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Susan Bigelow, MMC, City rk
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. 2006-234 was duly passed, approved, and adopted by the City Council at a
regular meeting of the ChuIa Vista City Council held on the I st day of August 2006.
Executed this I st day of August 2006.
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Susan Bigelow, MMC, City rk
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