HomeMy WebLinkAboutReso 2022-109 DocuSign Envelope ID: F2C411 D8-DC1 B-4CC4-B476-9F29117A25AC
RESOLUTION NO. 2022-109
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING SEWER CAPACITY FEES
TO REIMBURSE RIDA CHULA VISTA, LLC PURSUANT TO
RESOLUTION 2019-170 AND THE 2020 REIMBURSEMENT
AGREEMENT WITH RIDA CHULA VISTA, LLC TO
CONSTRUCT SPECIFIED BAYFRONT SEWER
IMPROVEMENTS
WHEREAS, the City, RIDA Chula Vista, LLC (the "Developer"), and the San Diego
Unified Port District(the "Port District") entered into a Disposition and Development Agreement
for the Resort Hotel Convention Center Project (Chula Vista Bayfront Master Plan Parcel H-3)
(the "Project"), effective May 7, 2018 (the "DDA"); and
WHEREAS, the Project is comprised of(1) a resort hotel, consisting of no less than 1,570
rooms and no more than 1,600 rooms and related resort-level amenities (collectively, the
"Developer's Private Improvements"), (2) an attached approximately 275,000 square foot
convention center ("Convention Center") to be constructed and operated by Developer on behalf
of the City of Chula Vista Bayfront Facilities Financing Authority, formed by the City and the Port
for such purpose, and (3) a portion of the substantial public improvements required for
development of the Developer's Private Improvements and Convention Center(the "Developer's
Phase IA Infrastructure Improvements"), as more particularly described that certain Project
Implementation Agreement between the City, the Port, Developer, the Financing District (as
defined therein) and the JEPA (as defined therein) (the "PIA"); and
WHEREAS, the PIA provides that the Developer shall construct certain in-road sewer
improvements included in the Developer's Phase IA Infrastructure Improvements, consisting of:
E Street (from G Street to H Street), the G Street Connection, and the H-3 Utility Corridor
(collectively, the "Developer's Sewer Improvements" or "Project"), to be funded by the City's
Sewer Facility Contribution, as defined in the DDA; and
WHEREAS,the City Council did approve entering into a Reimbursement Agreement with
Developer to Construct Specified Bayfront Sewer improvements, dated September 15, 2020 (the
"Sewer Reimbursement Agreement") via Resolution No. 2019-1707; and
WHEREAS, the City Council appropriated $1,195,000 from the Sewer Income Fund for
reimbursement purposes based on a preliminary engineering cost estimate with the same action;
and
WHEREAS, based on actual bids received, Developer's Sewer Improvements are
estimated to cost a total $4,426,000, necessitating an additional appropriation in the amount of
$3,231,000; and
DocuSign Envelope ID: F2C411 D8-DC1 B-4CC4-B476-9F29117A25AC
Resolution No. 2022-109
Page No. 2
WHEREAS,pursuant to Chula Vista Municipal Code (CVMC) Section 13.14.090 (Sewer
Capacity Charge), any owner or person making application for a permit to develop or modify use
of any residential, commercial, industrial or other property shall pay a sewer capacity charge. All
revenue derived from such fees shall be deposited into the trunk sewer capital reserve fund; and
WHEREAS, pursuant to CVMC Chapter 3.14 (Trunk Sewer Capital Reserve Fund), all
revenues collected under CVMC Section 13.14.090 shall be deposited into the Trunk Sewer
Capital Reserve Fund and maybe used,in the discretion of the City Council to pay for the planning,
design, or construction of sewage collection or treatment or water reclamation purposes; and
WHEREAS, reimbursing the Developer for costs incurred in the construction of the
Developer's Sewer Improvements falls within the City Council's authority pursuant to Chapter
3.14; and
WHEREAS, such additional sewer facility construction costs are eligible for
reimbursement from the Trunk Sewer Capital Reserve Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it appropriates funds from the Trunk Sewer Capital Reserve Fund to reimburse Developer
pursuant to the Reimbursement Agreement between the City and RIDA Chula Vista, LLC to
Construct Specified Sewer Improvements.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID: F2C411 D8-DC1 B-4CC4-B476-9F29117A25AC
Resolution No. 2022-109
Page No. 3
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
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AA76F15D450845D... CF40650850444BF...
Tiffany Allen Glen R. Googins
Deputy City Manager/Director of Development City Attorney
Services
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of May 2022 by the following vote:
AYES: Councilmembers: Cardenas,Galvez,McCann,Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
DocuSigned by:
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062BFD7C0386456...
Mary Casillas Salas, Mayor
ATTEST:
DocuSigned by:
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3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2022-109 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 10th day of May 2022.
Executed this 10th day of May 2022.
DocuSigned by:
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30746104EAF342E...
Kerry K. Bigelow, MMC, City Clerk