HomeMy WebLinkAbout2012/12/11 Item 07\~~
oRDnvANCE No. _~ECOND READWG AND ADOPTION
ORDNANCE OF THE CITY OF CI-IULA VISTA AMENDING
CHULA VISTA MUNICPAL CODE SECTION 35.090 FOR
THE WESTERN TRANSPORTATION DEVELOPMENT
IMPACT FEE ORDINANCES ANIeTUAL INFLATION
ADJUSTMENT INDEX METHODOLOGY
WHEREAS, the adoption of the City's General plan indicated that future growth was
going to occur in the City west of Interstate 805; and-
WHEREAS, the traffic studies for the City's General Plan and the Urban Core Specific
Plan show the City's transportation network will be impacted by new development within the
' "western portion of the City unless new transportation facilities are added to accommodate the
new development; and
WHEREAS, since January 1988, the City has had a progiam in place for the collection of
transportation development impact fees for the financing of street improvements in the area east
of Interstate 805; and
WHEREAS, the "Engineer's Report for the Western Transportation Development Impact
Fee". (Engineer's Report) Program adopted on March 4, 2008 by Ordinances 3106 through 3110-
. establishes that the transportation facilities necessitated by development within the western .
' portion of the City comprise an integrated network;-and
WHEREAS, the Western Transportation Development Impact Fee .(WTDIF) is solely
based upon that portion of the project costs which aze attributable to new developments and
WHEREAS, on March 4, 2008, the City Council of the City of Chula Vista held a duly
noticed public hearing at which oral or written presentations regarding the WTDIF could be
made; and .
WHEREAS,' pursuant to the Municipal Code and California Government Code Sections
66000 et. seq., the City Council has .accepted the Engineer's Report that analyzed the WTDIF
necessary to fund transportation facilities needed to serve future development within the western
portion of the City; and
WHEREAS, the WTDIF Program is subject to an annual inflation adjustment factor of
2% or based on the Caltrans Highway Construction Cost Index, whichever is higher, effective
every July 1st; and
~TFIEREAS, the TransNet Extension Ordinance requires [he San Diego Association of
Governments (SANDAL) to annually adjust the minimum Regional Transportation Congestion
Improvement Program (RTCIP) fee amount on July ]st of each yeaz, based on an analysis of
construction cost indices, but never less than 2%; and
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'WHEREAS, SANDAL has stated that the TransNet Extension Ordinance allows for
flexibility in choosing an appropriate index; and
WI-IEREAS, SANDAL staff evaluation of the Engineering News Record Construction
Cost Index 20-City Average has increased 193% whi{e the Caltrans highway Construction Cost
Index has increased 9.38%, but on February 24, 2012, the SANDAL Board of Directors has
approved a recommendation that all RTCIP, an element of the TransNet Extension Ordinance,
approve an annual inflation adjustment factor of 2%, which is the minimum inflation adjustment
increase allowed by the TransNet Extension Ordinance; and
WHEREAS, effective July 1, 2012 the WTDIF program was required to implement the
higher, annual inflation adjustment factor of 2% or the Caltrans Highway Construction Cast
Index, which is at 9.38%; and
WHEREAS,. Chula Vista would like to amend the WTDIF annual inflation adjustment
factor to'be more consistent with the flexibility allowed in the TransNet Extension Ordinance
and concurs with the action taken by the SANDAL Board of Directors that the ENR 20-City
Average inflation adjustment factor of 1.93% for the year better represents the costs on local
agencies and Chula Vista also concurs with the 2% minimum increase as required by the
TransNet.Extension Ordinancc; and
WHEREAS, City Council must take action to amend the Municipal Code to amend the
annual construction inflation adjtLStmerit factor to be used as long as it is at least a 2% increase
and as such would defer to the annual action taken by the SANDAL Board of Directors to
choose the most appropriate inflation factor to use for the City of Chula Vista's WTDIF
program.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I:
The City CounciLof the-City of Chula Vista does hereby amend Section's 3.55.090 A and
B of the Chula Vista Municipal Code relating to transportation development impact fees to pay
for various transportation facilities located on the west side of the City as follows:
3:SSA90 Amount of fce.
A. The fee shall be the amounts as set forth below in Table 1. The fee shall be adjusted
on July lsl of each year beginning in 2009. The annual inflation adjustment will be a minimum
of two percent or greater based on the Caltrans Highway Construction Cost Index L.j
~, - ~ '^a^~ , or Engineering Construction Cost Index published by the
Engineering News Record (ENR) 20-City Average, as determined in Section $ below
r~~w:c~^~. The program collects two percent of the total improvement cost estimate for
staff administration.
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B. Adjustments of the fee based upon the annual inflation adjustment or the Caltrans
Highway Construction Cosf Index, the ENR 20-City Average or an increase that is at least
two percent shall be automatic in accordance with annual action taken by the Sdn Diego
Association of Governments (SANDAG) Board of Directors and shall not require further
action by the City Council The WTDiP may also be reviewed acid amended by the City Council
as necessary based on changes in the type, size, location or cost of the facilities to be frnanced by
the fee; changes in land use designation in the City's General Plan; and upon other sound
engineering, financing and planning information.
Section II. Effective Date
This Ordinance amendment shall take effect and he in force on the thirtieth day after its
final passage:
Secfion III. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By: Approved as to form by:
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Richard A. Hopkins Glen R. Goo
Director of Public Works ~~~"City Attorney
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