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Home My WebLink About2009/03/24 Item 10CITY COUNCIL AGENDA STATEMENT ~, , wig .. _- ~- - ~ cHU°~v~sra 3/24/09, 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 514,458.07 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE MANUEL CONTRERAS, BONITA GATEWAY LLC AND M & A CONSTRUCTION SUBMITTED BY: DII2ECTOR OF PUBLIC WORKS DIRECTOR OF DEVELOPMENT SERVICES/DEPUTY CITY MANAGER-- REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER ~T 4/STHS VOTE: YES ® NO ^ SUMMARY Manuel Contreras has paid fees to satisfy certain permit fees for Building Permit Number BR07- 0001, associated with his property located at 418 Tremont Street. Mr. Contreras is now requesting a refund of said fees. Bonita Gateway LLC has paid its Sewer Capacity Fee For Building Permit Number B08-0473, associated with its property at 3001 Bonita Road. Due to a plan change, a refund of its sewer capacity fees must be made. M & A Construction has paid its Sewer Capacity Fee for Building Permit Number B08-1030, associated with its property at 303 Broadway. Due to a plan change, a refund of a portion of their sewer capacity fees must be made. 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 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. 10-1 3/24/09 Item ~~ Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Manuel Contreras On October 19, 2007, Manuel Contreras paid permit fees for Building Permit Number BR07- 0001, associated with his property located at 418 Tremont Street. Permit fees are paid prior to issuance of the final building permit and prior to the construction of the project. On April 14, 2008, staff received, from Mr. Contreras, a written request (Attachment 1) for a refund of permit fees for his aforementioned project. Due to financial hardship Mr. Contreras can no longer begin construction on the project. The following fees will be refunded to Mr. Contreras: • NPDES Fee ($124.00) Traffic Signal Fee ($166.16) Sewer Capacity Fee ($1,739.00) • DIF Civic Center ($1,951.95) DIF Police Facility ($1,471.47) DIF Corp Yard ($293.93) • DIF Library ($1,184.82) DIF Fire Suppression ($749.84) DIF Recreation ($899.08) If, at any time a permit is reapplied for, in regards to this project, all current applicable permit fees (including applicable fee increases) must be paid for by the owner. Bonita Gateway LLC On November 7, 2008, Bonita Gateway LLC paid permit fees for Building Permit Number B08- 0473, associated with its property at 3001 Bonita Rd. Due to a plan change in which they omitted restrooms on their construction project, Sewer Capacity Fees were removed totaling $4,590.96. This amount needs to be refunded to Bonita Gateway LLC as their fees were removed per the plan change. M & A Construction On October 22, 2008, M & A Construction paid permit fees for Building Permit Number B08- 1030, associated with its property at 303 Broadway. Due to a plan change in which there was a reduction in employee bathroom fixtures, the amount of their Sewer Capacity Fees was reduced by $1,286.86. This amount needs to be refunded to M & A Construction as their fees were reduced per the plan change. This resolution will amend the proper Fiscal Year 2008/2009 fund budgets and appropriate a total of $14,458.07 from the available fund balances to process the refunds to Mr. Contreras, Bonita Gateway LLC, and M & A Construction for certain permit fees associated with their respective building permits. 10-2 3/24/09 Item1~ Page 3 of 3 The appropriations that are needed are to the following fund balances: ~ 30120 t 1• i t NPDES Fee i $124.00 22500 Traffic Si al Fee $166.16 41300 Sewer Ca aci Fee $7,616.82 57200 DIF Civic Center $1,951.95 57300 DIF Police Facility $1,471.47 57400 DIF Co Yard $293.93 57500 DIFLibra $1,184.82 57600 DIF Fire Su ression $749.84 58200 DIF Recreation $899.08 Total 814,458.07 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 actioh. 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 deficit related to the Public Facilities DIF, was addressed through an interfund transfer/loan from the TDIF Fund, which City Council approved on December 16, 2008. ATTACHMENTS 1. Contreras letter dated April 14, 2008 Prepnred by: Tessa Quicko, Administrative Analyst 11, Engineering Department J:IEngineerlAGEN~A1CA510 0 9103-14-091Mnnuel Contrerns-Plnn Cfimge Approprintion Request.Aoc 10-3 ATTACHMENT 1_-- /7 < / ^~ 13 2,vrcF M. ~. GOAtI'ePBS COIIS~PUGt1011 G`0., ~IIC. ~N2H~L~ ~ 226 Landis Avenue -Chula Vista, CA 9191C Phone 619-422-4747 -Fax 619-691-7743 License No. 494066 April 14, 2008 City of Ghula vista Building Department Re: Permit# BR07-0001 418 Tremont St. Ste. A Chula Vista, CA To Whom It May Concern. ~~T~-ocE~~i /~~~NNj `Gf'rr' fir' y~~q OS'T MG ~Op '~ ~G~<~ ~~I~JID/~ a' 5~~~ dFpT Because of not being able to continue construction on said property for the moment, due to.financiai difPiculties,.l am obligated to request from the City to 'return' mq`constructionpermit fees that is in my name (Manuel Contreras) foc the .,. construction of the house on City property. Thank you in advance for your help. Please contact me if you have any questions or concerns. Sincerely, Man a Contreras 'Owner 10-4 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 $14,458.07 FROM THE AVAILABLE FUND BALANCE TO REIMBURSE MANUEL CONTRERAS, BONITA GATEWAY LLC, AND M & A CONSTRUCTION WHEREAS, on October 19, 2007, Manuel Contreras paid $8,580.25 to the City for permit fees for Building Permit BR07-0001, in association with his project located at 418 Tremont St.; and WHEREAS, the final building permits were not pulled by Mr. Contreras due to financial reasons; and WHEREAS, on April 14, 2008, Mr. Contreras requested a refund of the permit fees paid in the amount of $8,580.25; and WHEREAS, staff has determined. those permit fees eligible for refund were limited to the following: • NPDES Fee ($124.00) Traffic Signal Fee ($166.16) Sewer Capacity Fee ($1,739.00) • DIF Civic Center ($1,951.95) DIF Police Facility ($1,471.47) DIF Corp Yard ($293.93) • DIF Library ($1,184.82) DIF Fire Suppression ($749.84) DIF Recreation ($899.08) WHEREAS, on November 7, 2008, Bonita Gateway LLC paid it's Sewer Capacity fees for Building Permit B08-0473, in association with its projected located at 3001 Bonita Rd.; and WHEREAS, due to a construction plan change restrooms for the project were omitted, causing a need for a refund in their Sewer Capacity fees in the amount of $4,590.96; and WHEREAS, on October 22, 2008, M & A Construction paid it's Sewer Capacity fees for Building Permit B08-1030, in association with its projected located at 303 Broadway; and WHEREAS, due to a construction plan change a reduction in employee bathroom fixtures caused a decrease in their Sewer Capacity fees in the amount of $1,286.86; and WHEREAS, in order to reimburse Mr. Contreras, Bonita Gateway LLC and M & A Construction, appropriations to the following funds aze required: , 30120 ~ ~ NPDES Fee $124.00 22500 Traffic Si al Fee $166.16 41300 Sewer Ca aci Fee $7,616.82 57200 DIF Civic Center $1,951.95 57300 DIF Police Facili $1,471.47 57400 DIF Co Yard $293.93 57500 DIF Libr $1,184.82 57600 DIF Fire Su ression $749.84 58200 DIF Recreation $899.08 Tota( $14,458.07 10-5 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 $14,458.07 from the available fund balance to reimburse Manuel Contreras, Bonita Gateway LLC, and M & A Construction for their respective building permits. Presented by Approved as to form by __._~ f ~ ~ , r Richard A. Hopkins Director of Public Works Bart M~ItSg'~7 ~ity ~ttorne H:\ENGIYEERUtESOSVIesos2009\OS-ZO-09Vteso Manuel ContteracPlan Chsnge Approp~a~ad~