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HomeMy WebLinkAboutReso 2008-102 RESOLUTION NO. 2008-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008 BUDGET AND APPROPRIATING $1,228,169 FROM THE AVAILABLE FUND BALANCE IN OT A Y RANCH VILLAGES I, 2, 5, AND 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO REIMBURSE OTAY PROJECT, L.P. FOR THE CONSTRUCTION OF THE EAST AND WEST OLYMPIC P ARKW A Y PEDESTRIAN BRIDGES WHEREAS, the Otay Ranch Pedestrian Bridge Development Impact Fee (OIF) program sets a procedure whereby a developer may receive authorization, reimbursement and/or credit for construction of eligible pedestrian bridges (Ordinance 2892); and WHEREAS, Otay Project, L.P. and the City entered into the Otay Ranch Pedestrian Bridge Development Impact Fee Agreement (Agreement), as amended; and WHEREAS, the developer, Otay Project, L.P., was authorized to construct certain Pedestrian Bridge Facilities between Villages 5 and 6 and Pedestrian Bridge Facilities between Villages I and 2 pursuant to Resolution No. 2003-255 and 2005-016; and WHEREAS, Otay Project, L.P. has constructed said facilities pursuant to the terms of Ordinance 2892 and the Agreement and is eligible for reimbursement from the Pedestrian Bridge OIF Fund; and WHEREAS, Otay Project, L.P. has submitted its reimbursement requests in accordance with the Agreement and the Engineering and General Services Department has reviewed these requests and determined eligible construction costs; and WHEREAS, City staff has determined that the amount of eligible costs are: $1,169,103.26 for the West Pedestrian Bridge and $774,273.13 for the East Pedestrian Bridge, for a total amount of$1,943,376.39; and WHEREAS, the Pedestrian Bridge OIF has an available fund balance of $1,228,169.00, to reimburse the Developer for the remaining eligible costs; and WHEREAS, the total eligible construction costs for these two facilities exceeds the amounts available from the funding sources, CFDs and Pedestrian Bridge D1F funds, according to Section 13 of the Agreement, the Developer may then apply the balance as a credit against future Otay Ranch Pedestrian Bridge Development Impact Fee obligations. Resolution No. 2008-102 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista amends the fiscal year 2008 budget and appropriates $1,228,169 from the available fund balance in the Otay Ranch Villages 1, 2, 5, and 6 Pedestrian Bridge Development Impact Fee funds to reimburse Otay Project, L.P. for the construction of the East and West Olympic Parkway Pedestrian Bridges. Presented by Approved as to form by and General Services Director ~<M~\%~\\ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of April 2008 by the following vote: AYES: Councilmembers: McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda 0/L O~ Cheryl co~ May r ATTEST: d~.R .~A~ Donna R. Norris, CMC, Interim City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2008-102 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of April 2008. Executed this 22nd day of April 2008. I~ ;( ~hl~ Donna R. Norris: CMC, Interim City Clerk , ~