HomeMy WebLinkAboutReso 1993-17253 RESOLUTION NO. 17253
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING COUNCIL POLICY NO. 900-01 ENTITLED
"DELEGATION OF AUTHORITY TO RELEASE PROPERTY FROM AND
CONSENT TO TRANSFER OR ASSIGNMENT OF RIGHTS UNDER
DEVELOPMENT AGREEMENTS"
WHEREAS, in order to streamline certain transactional transfers related to
existing development agreements, staff recommends adopting the attached policy
to clarify and simply the administration of development agreements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby adopt Council Policy No. 900-01 entitled" Delegation of
Authority to Release Property From and Consent to Transfer or Assignment of
Rights under Development Agreements", attached hereto and incorporated herein by
reference as if set forth in full.
o for' b
' Bruce M. Booga
Deputy City Manager City Attorney
Resolution No. 17253
Page 2
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Delegation of Authority to Release Property, POLICY EFFECYIVE
From, and Consent to Transfer or NUMBER DATE PAGE
Assignment of Rights under, Development
Agreements 900-1 9/28/93 1 OF 2
ADOPTED BY: Resolution No. 17253 [ DATED: 9/28/93
BACKGROUND:
The City has entered into several Development Agreements with major developers over the years pursuant to
Government Code §65864, et seq. Those agreements provide for an annual review of the developer's
performance of the Development Agreement, and authorize that the annual review be conducted by the City
Manager. Those agreements allow portions of the Property to be released by the City fromthe obligations of
the Development Agreement when required public improvements are installed. Those agreements also allow
the developer to transfer its rights and obligations under the Development Agreement if such transfer or
assignment is made as a part of a transfer, assignment, sale or lease of all or a portion of the property covered
by the Development Agreement, if the City consents to that transfer. The City's consent cannot be
unreasonably withheld. The Agreement does not expressly delegate to the City Manager authority to give
such releases or consent. In the normal release or transfer, it is not necessary for Council to be directly ._~
involved, but it is desirable for the Council to delegate to the City Manager thier authority to release or
consent so that it can be accomplished more efficiently administratively.
PURPOSE:
To delegate to the City Manager or designee the authority to release Property from obligations and give the
Ciry's consent to transfer of rights and obligations under Development Agreements under certain specified
circumstances.
POLICY:
It is the policy of the City Council that the City Manager or designee is delegated the authority to, but not
required to, release property from the obligations of a Development Agreement and grant the City's consent to
the transfer of a developer's rights and obligations under any Development Agreement approved by the City
Council, under the following circumstances:
1. Release property from the obligations of the Development Agreement when so requested by the
Developer based on a final map for a resident builder, or individual purchases of a residential custom
home lot, when upon reasonable investigation, the City Manager determines that the required Public
Improvements related to said property have been installed or guaranteed.
2. Allow for a transfer or assignment of rights and obligations as part of a transfer, assignment, sale or
lease of all or a portion of the propert7 covered by the Development Agreement. The City Manager or
designee may request financial and other information supporting the capability of the transferee to
carry out the rights and obligations of the developer sought to be transferred.
Resolution No. 17253
Page 3
COUNCIL POLICY
CITY OF ~ VISTA
SLIB.IECT: Delegation of Authority to Release Property, POLICY EFFECTIVE
From, and Consent to Transfer or NUMBER DATE PAGE
Assignment of Rights under, Development
Agreements 900-1 9/28/93 2 OF 2
ADOPTED BY: Resolution No. 17253 ] DATED: 9/28/93
3. The City Council members will be provided an opportunity to request that the item be placed on the
agenda.
4. If the City Manager or designee does not wish to exercise said authority, the Manager or designee
shall conduct such an investigation and place the matter on the City Council agenda with a
recommendation to grant or deny the requested consents as soon as is reasonably practicable
following receipt of the request. If the City Manager or designee recommends denial of consent, the
report and recommendation shall state the reasons therefor.
5. In no event shall the City Manager or designee consent to a release of developers unde~ying
responsibilities under the Development Agreement.
I!11
Resolution No. 17253
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of September, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly ~. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Resolution No. 17253 was duly passed, approved, and adopted
by the City Council held on the 28th day of September, 1993.
Executed this 28th day of September, 1993.
B ''
everly ~. Authelet, City Clerk