HomeMy WebLinkAboutReso 2000-412 RESOLUTION NO. 2000-412
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AYRES LAND COMPANY
AS MANAGER OF ACI SUNBOW, LLC TO CONSTRUCT
THE PORTIONS OF EAST PALOMAR STREET IDENTIFIED
AND INCLUDED IN SUNBOW II, PHASES 1B, 1C AND 2A,
AS WELL AS THE POGGI CANYON DETENTION BASIN
INCLUDED IN THE PHASE 1A CONTRACT, AND RECEIVE
CREDIT AGAINST TRANSPORTATION DEVELOPMENT
IMPACT FEES
WHEREAS, the City received letters dated March 3, 2000 and October 9, 2000, from
Ayres Land Company requesting authorization and Transportation Development Impact Fee
credit for construction of roadway facilities along East Palomar Street from Medical Center
Drive to the easterly boundary of Sunbow II, Phases 1B, 1C and 2A, and for improvements
related to Olympic Parkway construction between Oleander Avenue and Brandywine Avenue,
including drainage basin improvements in Poggi Canyon and mitigation (general biological,
wetlands, CSS) for Phase 1A and 1B roads; and
WHEREAS, the TDIF ordinance provides a procedure for issuance of credits or tender of
reimbursement offer to developers; and
WHEREAS, according to Section 3.54.040 of the Chula Vista Municipal Code, the
developer, upon approval of the estimated cost by the Director of Public Works, shall be entitled
to immediate credit for 50 pement of the estimated cost of the construction attributable to the
Transportation Facility Project; and
WHEREAS, once the developer has received valid bids for the project which have been
approved by the Director of Public Works, the amount of the immediate credit shall be increased
to 75 pement of the bid amount and the immediate credits shall be applied to the developer's
obligation to pay fees for building permits issued after the establishment of the credit; and
WHEREAS, Ayres Land Company has complied with the procedural requirements of the
TDIF ordinance for credit at the 75 percent level for Sunbow II, Phases 1A, 1B and 1C and at the
50 percent level for Sunbow II, Phase 2A; and
WHEREAS, Ayres Land Company as Manager of ACI Sunbow, LLC will be eligible to
receive up to $2,063,738 at the 75 percent level and $295,602 at the 50 percent level against
required TDIF; and
WHEREAS, the final amount of credit or reimbursement will be determined by the
Director of Public Works and be based on actual final costs and the developer will pay all related
City staff costs including those for administration of the TDIF credit procedure.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize Ayres Land Company as Manager of ACI Sunbow, LLC to construct the
portions of East Palomar Street identified and included in Sunbow II, Phases 1 B, 1C and 2A, as
well as the Poggi Canyon Detention basin included in the Phase 1A contract, and receive credit
against Transportation Development Impact Fees.
Resolution 2000-412 --.
Page 2
Presented by Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 14th day of November, 2000, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilia, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hort~,~ Mayor
ATTEST:
Donna Norris, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Deputy City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2000-412 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 November, 2000.
Executed this 14th day of November, 2000.
Donna Norris, Deputy City Clerk