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HomeMy WebLinkAboutReso 2016-221RESOLUTION NO. 2016-221 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF MONTECITO NEIGHBORHOOD PARK WITHIN OTAY RANCH, VILLAGE 2 AND APPROPRIATING FUNDS THEREFOR WHEREAS, on November 4, 2014, by Resolution No. 2014-213 Council approved the agreement Regarding the Construction of Parks P-1, P-2, P-3, P-5 and P-6 in a portion of Otay Ranch Village 2, ("Overall Parks Agreement'); and WHEREAS, the Overall Parks Agreement was intended to establish a process, procedure and responsibility for development of the Parks P-1 P-2, P-3, P-5, and P-6 ("Covered Parks"): and WHEREAS, through the Overall Parks Agreement, Baldwin and Sons, Inc. ("Baldwin") accepted responsibility for developing the Covered Parks; and WHEREAS, in exchange for this responsibility, the City agreed that Baldwin would not be responsible for the payment of PAD fees equivalent to the costs of the Covered Parks; and WHEREAS, however, Baldwin, as well as other merchant builders, had already developed a certain number of dwelling units in Village 2 and paid the associated PAD fees; and WHEREAS, in accordance with the Overall Parks Agreement, Baldwin could enter into a Reimbursement Agreement with the City to obtain reimbursement for those fees already paid and those fees would be used to cover a portion or all of the costs required to develop P-3; and WHEREAS, to determine the approximate amount of reimbursement to which Baldwin will be entitled, Baldwin, in accordance with City bidding process, advertised the project to develop P-3; and WHEREAS, P-3 is expected to be completed in 2 phases; and WHEREAS, prevailing wage bids for the construction of the park were received by the developer, Baldwin and Sons, on June 20, 2016, and the first phase of the park is anticipated to be open to the public in early 2018; and WHEREAS, the lowest responsible bidder to whom the bid was awarded was determined to be Brightview Landscape with a bid amount of $3,100,000; and WHEREAS, the bid amount exceeds the dollar amount of the PAD fees received for development of P-3; and Resolution No. 2016-221 Page No. 2 WHEREAS, pursuant to Resolution No. 2006-191, the City has collected funds from the Eastlake III Senior Project (Olympic Pointe) which may be utilized on any park or public facility serving the Eastern Territories of Chula Vista; and WHEREAS, the City Council desires to apply a portion of the funds collected from Olympic Pointe to mitigate projected funding shortfalls between the PAD in -lieu fees collected from Otay Ranch Village 2 and the estimated design and construction cost of P-3 (Montecito Park); and WHEREAS, a total of $4,033,781 is recommended for appropriation from the PAD Fund in the current Fiscal Year, representing all estimated design costs and the estimated phase 1 construction costs; and WHEREAS, additional funds to reimburse Baldwin for phase 2 construction costs will be appropriated via subsequent budget action; and WHEREAS, the proposed project complies with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted Final Second Tier Environmental Impact Report, No. 07-01 and Final Environmental Impact Report No. 12-01. Thus, no further environmental review or documentation is required; and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in the previously adopted Final Second Tier Environmental Impact Report, No. 07-01 and Final Environmental Impact Report No. 12-01. Thus, no further environmental review or documentation is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Reimbursement Agreement for the Construction of Montecito Neighborhood Park Within Otay Ranch, Village 2, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor or City Manager to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it amends the Fiscal Year 2016/2017 budget and approves an appropriation of $4,038,781 to the Other Expenses expenditure category of the Parkland Acquisition and Development (PAD) Fund. Presented by Kel oughton, FASLA Director of Development Services Resolution No. 2016-221 Approved as to form by g1en R. Googins Citodiey Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of November 2016 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, McCann, Miesen, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Sgas, Mayor ATTEST: DonnaR. Urris, �A4C.. City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2016-221 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of November 2016. Executed this 8th day of November 2016. Donna R. N is, CM , City Clerk