HomeMy WebLinkAboutReso 1998-19223 RESOLUTION NO. 19223
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING AN ABATEMENT OF ,~33,050 OF THE
INTERIM SR-125 DEVELOPMENT IMPACT FEES PAID FOR THE
CLUBHOUSE AT EASTLAKE COUNTRY CLUB, LOCATED AT
2375 CLUBHOUSE DRIVE, UPON THE EFFECTIVE DATE OF THE
IMPLEMENTING ORDINANCE AND APPROPRIATING FUNDS
FROM THE UNAPPROPRIATED FUND BALANCE OF THE
INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND
WHEREAS, staff received a written request at the time of building permit issuance from
Mr. David B. Kuhn, Jr., President of Eastlake Country Club Partnership, requesting a refund
of a portion of the Interim SR-125 DIF fee paid for his project located at the Eastlake Country
Club on the grounds that the fee collected was based on too high an estimate of the traffic
generated due to the new facility; and
WHEREAS, Eastlake Country Club Partnership was charged a total of ~66,010 for the
Interim SR-125 fee for the clubhouse at Eastlake Country Club and while they did not agree
with the figure, in order not to delay the issuance of their building permit, Eastlake Country
Club Partnership decided to pay the fee with the understanding that the City would adjust the
fee accordingly based on a comparison between actual traffic counts prior to the construction
of the new clubhouse and one year after the facility had been in operation; and
WHEREAS, Mr. Kuhn hired Urban Systems, Inc. to provide "before and after" traffic
studies to determine if any increase in traffic resulted from the construction of the clubhouse
and traffic counts were conducted in April, 1997, and May, 1998; and
WHEREAS, staff subsequently received a letter dated June 16, 1998, from Mr. David
B. Kuhn, Jr., President of Eastlake Country Club Partnership, stating that the study supports
a refund of 855,596 of the 966,010 paid for the Interim SR-125 DIF fee paid for his project,
however, Mr. Kuhn requested a refund of the entire ~66,010 because he contends that the
traffic for the golf course has not increased at all due to the construction of the clubhouse and
that the slight traffic increase shown by the study is due to factors other than the
construction of the clubhouse; and
WHEREAS, Mr. Kuhn also believes that his position is supported by the traffic activity
comparison done by the American Golf Corporation between the first three months of 1997,
and the first three months of 1998, which shows that the number of golfers has decreased
this year; and
WHEREAS, upon review of the Urban System's Report, staff does not fully concur with
Mr. Kuhn's statements and believes the following:
(a) The "before" study provided by Urban Systems was done in April, 1997, during
a time when the days were shorter, before the change to daylight-savings time.
(b) The "before" study was done on a 24-hour basis while the "after" study only
included counts taken between 6:30 a.m. and 5:30 p.m.
Resolution 19223
Page 2
WHEREAS, staff believes these factors could have a major impact on the golf traffic
counts and although the American Golf Corporation comparison shows that the number of
golfers has decreased this year, staff believes that this information is not representative of the
full activity resulting from the clubhouse; and
WHEREAS, staff believes bad weather conditions are the most logical explanation for
the decrease in golfers this year, since golf is an outdoor sport and the study had been done
in a more representative year, it would show an increase in traffic; and
WHEREAS, the Urban Systems study indicated that the traffic increase is, in fact,
lower than estimated when the fee was originally paid and that a refund is due to Eastlake
Country Club Partnership on a portion of the Interim SR-125 DIF fee; and
WHEREAS, based on the information provided in the Urban Systems study, staff does
not believe that the traffic counted justifies a refund of $55,996 to $66,000 and has
suggested that Mr. Kuhn do a restudy of the traffic during a more comparable time of year and
such a study will be completed during the fall or next spring when the number of hours of
daylight is comparable if Mr. Kuhn wants a further refund; and
WHEREAS, based on the results of the subsequent study, an additional refund up to
a total of ~66,010 will be recommended if the traffic increase is lower.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement with Eastlake Country Club Partnership, a copy of which is on
file in the office of the City Clerk, known as Document Number CO98-191, and authorize,
based on the data provided by the Urban Systems study, an abatement of 933,050 from the
Interim SR-125 Development Impact Fee for the clubhouse at Eastlake Country Club, located
at 2375 Clubhouse Drive, contingent upon the following:
a. Eastlake Country Club Partnership, who has requested said refund, sign and
return to the City the attached Agreement.
b. Ordinance No. 2579 authorizing said refund, be adopted by the City Council.
c. Payment for said refund be due and payable upon sixty days after the adoption
of Ordinance No. 2579.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said
Agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that if Eastlake Country Club Partnership would like an
additional refund of up to a total of $66,010, that the City Council would consider such
request after the results of a subsequent study is conducted during a more comparable time
of year, provided, however, Applicant understands that should such subsequent traffic study
indicate that more traffic was generated by the project than indicated by the Urban Systems
Study, Applicant shall return the comparable amount of the fee, not to exceed $33,050, to
the City.
Resolution 19223
Page 3
BE IT FURTHER RESOLVED that the amount of 933,050 is hereby appropriated from
the unappropriated balance of the Interim SR-125 Development Impact Fee Fund.
Presented by Approved as to form by
Resolution 19223
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20~h day of October, 1998, by the following vote:
AYES: Councilmembers: Moot, Rindone, Padilia and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
Shi~,M/ayo~~
ATTEST:
Beverly ~'~Autl~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. 19223 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 20'h day of October, 1998.
Executed this 20th day of October, 1998.
~Authelet, City Clerk