C:\Program Files\eSCRIBE\TEMP\1624890497\1624890497,,,Resolution.docx RESOLUTION NO. __________
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. 2013-3273, 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. 2003-2898 and amended by Ordinance No. 2005-3017; 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 and amended by Resolutions 9221 and 13857, 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
Resolution No.
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 F iscal Year 2022/23 budget to increase appropriations a total $2,755,266.91 , plus any applicable interest as follows: $1,622,452.13 from the Village 11 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.
Presented by Approved as to form
By:
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney
Attachment 3
C:\Program Files\eSCRIBE\TEMP\1624890497\1624890497,,,Resolution.docx