HomeMy WebLinkAboutReso 2023-071 DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8
RESOLUTION NO. 2023-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REIMBURSEMENT
AGREEMENT BETWEEN THE CITY AND MILLENIA, 2022,
LLC. FOR CONSTRUCTION OF A PEDESTRIAN BRIDGE
AND TRAFFIC SIGNALS
WHEREAS,Millenia,2022,LLC. ("Developer")and its predecessors have been developing
the master planned Millenia project ("Millenia"), formerly known as the Eastern Urban Center
(the "EUC"), in the Otay Ranch area of the City; and
WHEREAS, the City required the Developer to construct a pedestrian bridge known as
Eastlake Parkway Pedestrian Bridge ("Pedestrian Bridge") and various traffic signals; and
WHEREAS,the City Council,by Ordinance No. 3273,established the Eastern Urban Center
Pedestrian Development Impact Fee ("EUC PBDIF") program to provide half (50%) of the
funding for the Pedestrian Bridge to connect Millenia to Otay Ranch Village 11; and
WHEREAS, the other half of funding for the Pedestrian Bridge will come from the Otay
Ranch Village 11 Pedestrian Bridge DIF("Village 11 PBDIF")established by Ordinance No.2898
and amended by Ordinance No. 3017; and
WHEREAS, both of these ordinances provide for fee credits to developers who construct
all or part of the identified pedestrian bridges to apply against their PBDIF obligations, and
reimbursement to the extent the cost of construction exceeds the developer's obligations; and
WHEREAS, City Council Policy 478-1, as adopted by Resolutions 9221 established a fee
("Traffic Signal Fee") and reimbursement program in the form of Fee Credits and reimbursement
for the construction of certain traffic signals to the extent the cost of construction exceeds the
Developer's Traffic Signal Fee obligation; and
WHEREAS,the Developer has constructed the Pedestrian Bridge and certain traffic signals
(together, the "Subject Facilities"), and City has reviewed and approved the design, inspected and
accepted the Subject Facilities and determined that they were constructed in such a manner as to
qualify for reimbursements and/or credits pursuant to the above authorities; and
WHEREAS, the Developer has submitted a reimbursement request and provided the City
with the required documentation for City to determine the actual and eligible expenses incurred by
Developer to construct the Subject Facilities; and
WHEREAS, City staff have reviewed Developer's reimbursement request and determined
the amount of eligible expenses for the Subject Facilities that should be reimbursed; and
DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8
Resolution No. 2023-071
Page No. 2
WHEREAS, the Developer has requested, and City staff has already issued fee credits
against the EUC PBDIF and Traffic Signal Fees for a portion of the cost of the Subject Facilities; and
WHEREAS, the Developer seeks partial reimbursement for reimbursable costs for the
Subject Facilities exceeding Millenia's EUC PBDIF and Traffic Signal Fee obligations, in the
amount of$2,755,266.91. The Developer will be eligible for an additional reimbursement of up to
$318,813.90 in reimbursable costs for the Subject Facilities from the EUC PBDIF funds when
remaining units within the EUC are constructed by other developer(s) and sufficient monies in the
fund are available; and
WHEREAS, City staff recommends approval of the Millenia Reimbursement Agreement
between the City and Millenia 2022,LLC,regarding the reimbursable costs for the Subject Facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that, based on the information recited above, it approves the Millenia Reimbursement Agreement
between the City and Millenia 2022, LLC, 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 City Manager to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it does
hereby amend the Fiscal Year 2022/23 budget to increase appropriations a total of$2,755,266.91,
plus any applicable interest as follows: $1,622,452.13 from the Village l l PBDIF Fund (Fund
#580941,) $388,077.95 from the EUC Ped Bridge Fund (Fund #580981,) and $744,736.83 from
the Traffic Signal Fund (Fund #590354) from the respective revenue and fund balances for
reimbursement to the developer.
[SIGNATURES ON THE FOLLOWING PAGE]
DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8
Resolution No. 2023-071
Page No. 3
Presented by Approved as to form
DocuSigned by: DocuSigned by:
(,tea 1°�4& *a v.5.
68970191600C4C4... By: EFB949DC9B5747E...
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona&Peak
Acting City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of May 2023 by the following vote:
AYES: Councilmembers: Cardenas, Chavez, Gonzalez,Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
DocuSigned by:
7804EC23B90B473...
John McCann, Mayor
ATTEST:
DocuSigned by:
3074D104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2023-071 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 2023.
Executed this 23rd day of May 2023.
DocuSigned by:
30746104EAF342F
Kerry K. Bigelow, MMC, City Clerk