HomeMy WebLinkAboutReso 2007-181
RESOLUTION NO. 2007-181
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REFUND OF $1.8 MILLION
IN THE FORM OF TOLL CREDITS, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 66001, ON A
PRORATED BASIS TO THE CURRENT RECORD OWNERS
OF PROPERTY FROM WHICH THE INTERIM SR-125
DEVELOPMENT IMPACT FESS WERE COLLECTED
WHEREAS, the Interim SR-125 Development Impact Fee (SR-125 DIF) was established
by Ordinance No. 2579 in January 1994 to ensure that sufficient funds would be available to
construct a north-south transportation corridor should the SR-125 freeway not be constructed in
time to serve impending development; and
WHEREAS, in April 2004, the City Council adopted Ordinance No. 2959 tolling the SR-
125 DIF and amending Ordinance No. 2579, Section I (c), to authorize the expenditure of SR-
125 DIF fees on transportation enhancing projects or transportation programs related to SR-125;
and
WHEREAS, in May 2005, the City Council adopted Ordinance No. 3029 amending the
Transportation Development Impact Fee (TDIF) Program, and Resolution No. 2005-156,
transferring the fund balance of the SR-125 DIF fund to the TDIF fund and approved two Traffic
Demand Management (TDM) programs, one of which includes the concept of using $1.8 million
ofTDIF fees for "toll reduction" targeted for SR-125; and
WHEREAS, California Government Code section 66001(e) provides that excess
development impact fees collected shall be refunded to the then-current record owner of the lots
or units, as identified on the last equalized assessment roll on a prorated basis with any interest
accrued thereon, and that the local agency may refund the unexpended revenues by direct
payment or by any other reasonable means; and
WHEREAS, City staff and South Bay Expressway (SBX) staff, the operator of SR-125
Toll Road, have worked together to develop a specific implementation strategy for Council
consideration that is fair and equitable to property owners that paid the SR-125 DIF; and
WHEREAS, the City, in conjunction with SBX, would like to provide a TDM program in
the form of a SR-125 toll reduction incentive program that helps promote the new toll road
facility to alleviate congestion on the City's local arterials to Interstate-805; and
WHEREAS, the City would like to maximize the resultant benefit of $ 1.8 million in
TDIF funds by securing additional volume discounts in the amount of $400,000 from SBX in
order to encourage users to utilize the SR-125 Toll Road; and
WHEREAS, 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 of the State CEQA Guidelines
because it involves only a refund of fees paid to the Interim SR-125 DIF and does not result in
any changes to the physical environment and therefore, pursuant to Section 15060 (c)(3) of the
State CEQA Guidelines the activity is not subject to CEQA; and
WHEREAS, no Councilmember, who is also a property owner in the area receiving the
DIF refund, shall receive such refund or participate in the refund program as described in the
City Council Agenda Statement.
Resolution No. 2007-181
Page 2
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula
Vista hereby approves a refund of $1.8 million in the form of toll credits for the State Route-l25
Toll Road on a prorated basis to the current record owners of property from which the Interim
SR -125 Development Impact Fees were collected.
Presented by
Approved as to form by
4-e-~
Scott Tulloch
Acting Assistant City Manager/City Engineer
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Ann Moore .
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 17th day of July 2007 by the following vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Castaneda, McCann, Ramirez, and Cox
Councilmembers:
None
Councilmembers:
Rindone
Ch,ry] Cu~
ATTEST:
.-.:::: :i.u 4..-0.. '"i ~ I)
Susan Bigelow, MMC, City Cl
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-181 was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the 17th day of July 2007.
Executed this 17th day of July 2007.
-;: ~.A/Lt... t~ J ~
Susan Bige ow, MMC, City Cl