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