HomeMy WebLinkAboutReso 1995-17902 RESOLUTION NO. 17902
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT FOR DEFERRAL OF SEWER
CAPACITY FEE FOR A CAR WASH LOCATED AT 3048 BONITA
ROAD
WHEREAS, in connection with the application for a building permit associated with
development of a car wash at 3048 Bonita Road, the developer was required to pay a Sewer
Capacity Fee of $16,206.00; and,
WHEREAS, said fee was based on the amount of sewage estimated by staff to be
generated by the full development of the site; and,
WHEREAS, information provided by the manufacturer of the car wash equipment
indicated that the car wash may produce much less sewage than staff's estimate, and
consequently the developer has requested that the City defer the payment of this fee until the
car wash has been in operation long enough for the actual sewage generation to be
determined; and,
WHEREAS, the City Council is willing to defer fee payment and charge a fee based on
actual measured water consumption versus estimated sewage output in light of the following
circumstances:
(a) Developer has demonstrated that the deferred portion of the Estimated Sewer Capacity
Fee is likely to be refundable to Developer based on the actual sewer discharge to be
generated by the Project;
(b) Developer has agreed to install a separate water meter for irrigation of landscaping
which will facilitate measurement of sewer discharge at the Project Property.
(c) Developer's willingness to secure its obligation to pay the Estimated Sewer Capacity
Fee, if such payment is ultimately required, by providing the City with a Deed of Trust
against the Project Property;
(d) The current sufficiency of the City's Capital Improvements Fund to provide for sewer
trunk upgrades over the time period up until the Estimated Sewer Capacity Fee would
be required to be paid under this Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby approve an Agreement for Deferral of Sewer Capacity Fee for a car wash located at
3048 Bonita Road with Charles R. Tibbett and Paul D. Magnotto, known as document number
CO95-072, a copy of which is on file in the office of the City Clerk.
Resolution No. 17902
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approv, as to form by
/
Resolution No. 17902
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of May, 1995, by the following vote:
YES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Horton, Mayor
ATTEST:
-_ ',A, :~ ~, <,, ....
Vicki C. Soderquist, [Se~u,ty city Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Resolution No. 17902 was duly passed, approved, and adopted by
the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of
May, 1995.
Executed this 23rd day of May, 1995.
Vicki C. Soderquist, D~p~,~y City Clerk