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HomeMy WebLinkAboutReso 1998-19194 RESOLUTION NO. 19194 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING FIELDSTONE COMMUNITIES TO CONSTRUCT AND RECEIVE REIMBURSEMENT FOR REACHES 201 THROUGH 207 AND CREDIT FOR REACHES 208 THROUGH 213 AGAINST DEVELOPMENT IMPACT FEES FOR CONSTRUCTION OF THE POGGI CANYON SEWER LINE FROM PALM AVENUE TO BRANDYWINE AVENUE WHEREAS, improvement plans for construction of the Sunbow II Offsite Sewer (Poggi Canyon Sewer Segments 201 through 213) were approved on September 30, 1997; and WHEREAS, Ordinance No. 2716 establishing the Poggi Canyon Sewer Development Impact Fee was adopted on December 9, 1997; and WHEREAS, the City Engineer received a letter dated January 28, 1998 from BHA requesting Development Impact Fee reimbursement for Fieldstone Community's construction of Reaches 206 to 213; and WHEREAS, after discussing this request with staff, BHA's letter dated February 26, 1998, amended the request to include cash reimbursement for Reaches 201 through 207, and credit for Reaches 208 through 213; and WHEREAS, it was determined that the City should finance Reaches 201 through 207 of the sewer line from the Trunk Sewer Reserve Fund and Resolution No. 18824 appropriated $1,756,440 to finance this portion of the Poggi Canyon trunk sewer; and WHEREAS, there are limitations on reimbursement of $378,000 and $600,000 for Reach 201 and Reaches 202 through 204, respectively, for the City's contribution to the Poggi Canyon sewer; and WHEREAS, since Fieldstone Communities is constructing Reaches 201 through 213, the City intends to reimburse them for the City's contribution requirement indicated in the Poggi Canyon Basin Gravity Sewer Basin Plan for the construction of Reaches 201 through 207; and WHEREAS, Fieldstone Communities has satisfied the requirements of Ordinance No. 2716; and WHEREAS, based on the contract amount, the estimated cash payment of $934,656.35 is less than the total of $1,756,440 which has been appropriated from Fund 222 for construction of this portion of the sewer line, which amount has been deposited in Account No. 667-6670-SW214 (in the Poggi Canyon Sewer DIF Fund); and WHEREAS, therefore, sufficient funds have been appropriated to cover the reimbursement amount and the developer will be required to pay the Poggi Canyon Sewer DIF after the credit amount has been depleted. Resolution 19194 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize Fieldstone Communities to construct and receive reimbursement for Reaches 201 through 207 and credit for Reaches 208 through 213 against development impact fees for construction of the Poggi Canyon Sewer line from Palm Avenue to Brandywine Avenue. Presented by Approved as to form by J i Jo~h~ M. Kaheny Public Works Director y Resolution 19194 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of October, 1998, by the following vote: AYES: Councilmembers: Moot, Padilia, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None Shirley Ho/Jrrt~,'Mayor ATTEST: Beverly ',J. Autt~elet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19194 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of October, 1998. Executed this 6th day of October, 1998. ~uthel~e'et~