HomeMy WebLinkAbout2009/01/13 Item 2CITY COUNCIL
AGENDA STATEMENT
---- CHULAVISTA
1/13/09, Item
ITEM TITLE
SUBMITTED BY:
REVIEWED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2008/2009 BUDGET AND
APPROPRIATING A TOTAL OF $9,586.30 FROM THE
AVAILABLE FUND BALANCE TO REIMBURSE OAKWOOD
DEVELOPMENT, INC. ,~(
DIItECTOR OF PUBLIC WORKS (~p,
CITY MANAGER 7/
ASSISTANT CITY i ANAGER ~
4/STHS VOTE: YES ® NO ^
SUMMARY
Oakwood Development, Inc. has paid fees to satisfy certain permit fees for its Village 2 R-14
Tavera Models (Permit Number BR07-0100). Oakwood Development, Inc. is now requesting a
refund of said fees.
ENVIRONMENTAL 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 deftned 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 2007/2008, Oakwood Development, Inc. paid permit fees on their Village 2 R-14
Tavera Models. Permit fees are paid prior to issuance of the final building permit and prior to
the construction of the project.
2-1
1/13//09 Item 2
Page 2 of 2
On November 24, 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
begin until Fall 2009. Until then it has been requested that the City refund the following permit
fees:
NPDES Fee ($196.00) Traffic Signal Fee ($664.80) Sewer Capacity Fee ($7,825.50)
Otay Ranch Res ($7827) DIF Poggi Cyn (5900.00)
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 2 R-14 Tavera Models.
This resolution will amend the proper Fiscal Year 2008/2009 fund budgets and appropriate a
total of 59,586.30 from the available fund balances to process the refund to Oakwood
Development, Inc. for certain permit fees associated with their Village 2 R-14 Tavera Models.
The Otay Ranch Res Fee of 578.27 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:
30120 NPDES Fee $196.00
22500 Traffic Si al Fee $664.80
41300 Sewer Ca aci Fee $7,825.50
43200 DIF Po i Canyon $900.00
Total $9,586.30
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.
ATTACHMENTS
1. Letter requesting refund from Oakwood Development, Inc.
Prepared by.' Tessa Qaicho, Admanish~ntive Analyst !1, Engineering Department
M:IEngineerlAGENDAICAS2 0 0 910 /-1 3-0910nkwaoARefimd Approprinfim~s kequest ~2-doc
2-2
O
November 24, 2008
Ms. Tessa Quicho
Mr. Lou El Khazen
City of Chula Vista
276 Fourth Ave
Chula Vista Ca 91910
Y 4 S:.
#"~ ~ ~,r•
A ~~ ~ ~_,•
1 ~ ~~a ~ ~,~~ O
#~,~r ".~` ate` ~-~ ..
~~..,~ s&
,.
4~n H~+#-~ •»
Re: R-14 permit fee refunds and reimbursements
Tessa and Lou,
f'1: ~..; reti.~
~"'~ACIV 1 /
On behalf of Oakwood Development, I would like to request a refund of permit fees paid for
Village 2 R-14 Tavera Models, permit number BR07-0100. The line items I am requesting a
refund on aze 1700, 3000, 3100, 5120, 5140, and 6000.
In addition please return the CD in the amount of $23,415.00, held in lieu of PFDIF and
Pedestrian Bridge credits, to Otay Project, LP at 610 W Ash Street, Suite 1500, San Diego Ca
92101.
I would also like to request that line item 4000 be credited back to the TDIF trust account
established for this project so the credits aze available in the future.
Thank you for your consideration in this matter.
Sincerely
~~
OAKWOOD DEVELOP
Doug Brook
Vice President
2445 FENTON STREETTC~U LA V1$TA, CA 91914
(619) 397-0417 FAX (619) 397-0418
RESOLUTION NO.2009-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2008/2009
BUDGET AND APPROPRIATING A TOTAL OF $9,586.30
FROM THE AVAILABLE FUND BALANCE TO REIMBURSE
OAKWOOD DEVELOPMENT, INC.
WHEREAS, in Fiscal Year 2007/2008, Oakwood Development, Inc. paid $9,664.57 to
the City for permit fees in association with their Village 2 R-14 Tavera Models project; and
WHEREAS, the final building permits were not pulled by Oakwood Development, Inc.
due to financial reasons; and,
WHEREAS, on November 24, 2008 Oakwood Development, Inc. requested a refund of
the permit fees paid in the amount of $9,664.57; and,
WHEREAS, staff has determined those permit fees eligible for refund were limited to the
following:
• NPDES Fee ($196.00) Traffic Signa] Fee ($664.80) Sewer Capacity Fee ($7,825.50)
• Otay Ranch Res ($78.27) Poggi Cyn DIF ($900.00)
WHEREAS, the Otay Ranch Res Fee of $78.27 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:
~
30120 i 1• ~ ~
NPDES Fee ~
$196.00
22500 Traffic Si nal Fee $664.80
41300 Sewer Ca aci Fee $7,825.50
43200 DIF Po i Can on $900.00
Total $9,586.30
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 $9,586.30 from the
available fund balance to reimburse Oakwood Development, Inc.
Presented by
Richard A. Hopkins
City Engineer/Public Works Director
Approved as to form by
-~,~ ~~
,._.~af' d J
~City'~ tomey
H:\ENGINEERUtESOS\Resos2009VJ1-13-0)\Reso Oakwood Refund Appropriation fteques\~L&>4