05-10-2011 CC RPT 16 - Laserfiche WebLink

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City Council Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL DATE: May 10, 2011 FROM: PUBLIC WORKS DEPARTMENT ITEM NO: 16 WARD: 4 SUBJECT: MARINITA DEVELOPMENT — APPEAL OF TRANSPORTATION UNIFORM MITIGATION FEE ASSESSMENT ISSUE: The issue for consideration by the City Council is denial of the appeal by Marinita Development to waive the assessment of the Transportation Uniform Mitigation Fee (TUMF) for the Orangewood Commercial Centre on Van Buren Boulevard between Dauchy Avenue and Winchester Way (Project). RECOMMENDATION That the City Council uphold the recommendation of the Transportation Committee to deny Marinita Development's appeal of the TUMF assessments for Planning Case P05 -1458, the Orangewood Commercial Centre. COMMITTEE RECOMMENDATION On April 14, 2011, the Transportation Committee considered this matter. With all three members present, the Committee voted unanimously to recommend that the City Council deny the appeal. The grounds for the recommendation are primarily based on the Project's failure to competitively bid the work and pay prevailing wages. BACKGROUND On June 8, 2006, the City Planning Commission approved Design Review Case P05 -1458 for the Project. As part of the Project's mitigation measures, conditions of approval included dedicating right -of -way and widening Van Buren Boulevard in accordance with the Circulation Element of the General Plan along the frontage of the project. In compliance with the TUMF program, the Project was also conditioned to pay TUMF prior to building occupancy in accordance with the fee schedule in effect at the time of payment. During the entitlement phase, the developer was informed that the TUMF program includes provisions for receiving a credit against their TUMF assessment to offset costs to widen Van Buren Boulevard and dedicate the right -of -way. The developer was informed that they would have to enter into a Credit /Reimbursement Agreement. In accordance with the terms of the agreement, an appraisal is required for reimbursement of the right -of -way dedication and the construction must be competitively bid and pay prevailing wages. 16 -1