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HomeMy WebLinkAbout2008/11/25 Item 2 CITY COUNCIL AGENDA STATEMENT ~\Yf:.. CITY OF (HUlA VISTA 11/25/08, Item~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $44,380 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE AKWOOD DEVELOPMENT, INC. REVIEWED BY: INTERIM CITY MANAGER <S 4/5THS VOTE: YES cgj NO 0 SUBMITTED BY: DIRECTOR OF ENGINEERING. SUMMARY Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 7 Monte Sereno Phase 3B project. Oakwood Development, Inc. is now requesting a refund of said fees. ENVIRONMENT AL REVIEW The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 (b)(4) of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION In Fiscal Year 2006/2007, Oakwood Development, Inc. paid permit fees on their Village 7 Monte Sereno Phase 3B Project. Permit fees are paid prior to issuance of the final building permit and prior to the construction ofthe project. On September 25, 2008 staff received, from Oakwood Development, Inc., a written request (Attachment 1) for a refund of permit fees for the aforementioned project. Construction on the project has not begun, and Oakwood Development, Inc. is anticipating that production will not 2-1 11/25/08 Item~ Page 2 of2 begin until Fall 2009. Until then it has been requested that the City refund the following permit fees: . NPDES Fee ($1,120) . Otay Ranch Res ($182.63) . Traffic Signal Fee ($1,939) . Public Facilities DIF ($14,175) . Sewer Capacity Fee ($24,346) Poggi Cyn DIF ($2,800) . Oakwood Development, Inc. understands and is aware that they must pay all current applicable permit fees (including applicable fee increases) at the time the permits are reapplied for its Village 7 Monte Serano Phase 3B project. This resolution will amend the proper Fiscal Year 2008/2009 fund budgets and appropriate a total of $44,380 from the available fund balances to process the refund to Oakwood Development, Inc. for certain permit fees associated with their Village 7 Monte Sereno Phase 3B project. The Otay Ranch Res Fee of $182.63 does not require a budget appropriation, as said funds are within a refundable deposit account. The appropriations that are needed are to the following fund balances: Account # Account Description Amount 30120 NPDES Fee $1,120.00 22500 Traffic Signal Fee $1,939.00 41300 Sewer Capacity Fee $24,346.00 57200 DIP Civic Center $4,211.12 57300 DIP Police Facility $2,817.68 57400 DIP Corn Yard $758.31 57500 DIP Librarv $2,421.20 57600 DIP Fire Sunnression $2,128.66 58200 DIP Recreation $1,838.03 43200 DIP POlllli Canyon $2,800.00 Total $44,380.00 DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT The refund of these permit fees will have no impact to the General Fund as this is a reimbursement and sufficient monies are available in the associated fund balances with the exception of those related to the Public Facilities DIF (Account #57200 thru 58200). The reimbursement will add to the existing deficit within the PFDIF fund. This $14,175 deficit will be addressed along with the ongoing shortfalls in the PIFDIF accounts through an anticipated temporary loan/transfer from the TD IF. n ATTACHMENTS 1. Letter requesting refund from Oakwood Development, Inc. Prepared by: Tessa Quicho, Administrative Analyst II, Engineering Department J:IEngineerlAGENDAICAS2008111-25-08\Oakwood Refund Appropriations.doc 2-2 o F.TT,'\CHMENT I City of Chula Vista 276 Fourth Ave Chula Vista Ca 91910 9-25-08 Attention: Tessa Quicho and Lou El Khazen Regarding: Permit fee reimbursements Tessa and Lou, On behalf of Oakwood Development I would like to request a refund for the following permit fees paid on our Village 7 Monte Sereno Phase 3B project, The permit numbers are BR06-0671, BR06-0678, BR06-0679, BR06-0683, BR06-0685, BR06-0686 and BR06-0690. The line items I am requesting a refund on are 0161, 2155, 2310,3010,3802, and 9108. In addition I would like to request that the following line items be credited back towards the DIF trust accounts set. up for this project to be used toward future phases. These line items are 4506, 4501,4510,4521, and 4543. Thank you for your consideration in this matter. Sincerely Doug Brooks 2-3 2445 FENTON STREET. CHUL.A VISTA, CA 91914 RESOLUTION NO. 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA A.MENDING THE FISCAL YEAR 2008/2009 BUDGET AND APPROPRIATING A TOTAL OF $44,380 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD DEVELOPMENT, INC. WHEREAS, in Fiscal Year 2006/2007, Oakwood Development, Inc. paid $44,562.63 to the City for permit fees in association with their Village 7 Monte Sereno Phase 3B project; and WHEREAS, the [mal building permits were not pulled by Oakwood Development, Inc. due to financial reasons; and, WHEREAS, on September 25, 2008 Oakwood Development, Inc. requested a refund of the permit fees paid in the amount of $44,3 80; and, WHEREAS, staff has determined those permit fees eligible for refund were limited to the following: NPDES Fee ($1,120) . Otay Ranch Res ($182.63) . Traffic Signal Fee ($1,939) . Public Facilities DlF ($14,175) . Sewer Capacity Fee ($24,346) Poggi Cyn DlF ($2,800) WHEREAS, the Otay Ranch Res Fee of $182.63 does not require a budget appropriation, as said funds are within a refundable deposit account; and, WHEREAS, in order to reimburse Oakwood Development, Inc., appropriations to the following funds are required: Account # Account Description Amount 30120 NPDES Fee $1,12000 22500 Traffic Signal Fee $1,939.00 41300 Sewer Capacity Fee $24,346.00 57200 DIF Civic Center $4,211.12 57300 DIF Police Facility $2,817.68 57400 DIF Corp Yard $758.31 57500 DIF Library $2,421.20 57600 DIF Fire Suppression $2,128.66 58200 DIF Recreation , $1,838.03 43200 DIF Poq:gi Canvon $2,800.00 Total $44,380.00 H:\ENGINEER\RESOS\Resos2008\11-25-08\Reso Oakwood Refund Appropriation.doc 2 - 4 Resolution No. 2008- Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2008/2009 Budget and appropriate $44,380 from the available fund balance to reimburse Oakwood Development, Inc. Presented by Richard A. Hopkins Director of Engineering H:\ENGINEER\RESOSIReso$l008\11-25-08\Reso Oakwood Refund Apprupriatioll.doc 2 - 5