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HomeMy WebLinkAboutReso 2007-182 RESOLUTION NO. 2007-182 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TRANSFER OF $1.8 MILLION FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO AN INTEREST EARNING DEPOSIT ACCOUNT TITLED -SR125 TDIF REFUNDS, AND ALLOWING FOR THE EXPENDITURE OF THE FUNDS IN A MANNER CONSISTENT WITH THIS RESOLUTION 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 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 toll reduction on SR-125; and WHEREAS, the City in conjunction with South Bay Expressway (SBX), the operator of SR-125, would like to provide a TDM program in the form ofa SR-125 toll reduction incentive program that is fair and equitable to Chula Vista property owners and the City would like to maximize the resultant benefit by securing additional volume discounts from SBX, in order to encourage users to utilize the SR-125 Toll Road; and WHEREAS, the City Council has considered the method of refunding the excess development impact fees collected and determined a reasonable method of refunding the fees and authorizes the City Finance Department to allocate and disburse the fees in accordance with staffs recommendation; and WHEREAS, no Co\mcilmember, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves a transfer of $ 1.8 million from the Transportation Development Impact Fee to an interest earning Deposit Account titled - SRl25 TDIF Refunds, and allow for the expenditure of funds in a manner consistent with this resolution. Resolution No. 2007-182 Page 2 Presented by Approved as to form by ~J&7~-p Scott Tulloch Acting Assistant City Manager/City Engineer ~~~~\'" 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: Councilmembers: Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone Chory]~~ ATTEST: ~ ?L-t/.L '/ ~ L ~ Susan Bigelow, MMC, City Cler 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. 2007-182 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2007. Executed this 17th day of July 2007. - -:iJ.J,{ l ~/ f)"., ./ Susan Bigelow, MMC, Cit~C;1"