HomeMy WebLinkAboutReso 2007-297
RESOLUTION NO. 2007-297
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS
IN THE TRANSPORTATION DEVELOPMENT IMPACT FEE
FUND ARE STILL NEEDED TO PROVIDE FOR
CONSTRUCTION OF FACILITIES FOR WHICH THE FEES
WERE COLLECTED
WHEREAS, California Government Code section 66001(d) requires local agencies to
make findings every five years with respect to any portion of the Development Impact Fees
(OIFs) remaining unexpended to identifY the purpose for which it was charged; and
WHEREAS, the City has identified unexpended fees that were on deposit for five of
more years and has elected to make the required findings; and
WHEREAS, the Transportation Development Impact Fee (TOIF) program has fees,
which were collected five or more years ago, which remain unexpended and are listed to satisfy
section 66001(d) of the California Government Code; and
WHEREAS, in May 2005, Council approved the transfer of all remaining funds in the
Interim SR-125 OIF to the TOIF fund for several capacity enhancing improvements, including
overpasses ofthe SR-125 at Rock Mountain Road and Otay Valley Road; and
WHEREAS, $12.5 million was transferred between funds as a result of this action; and
WHEREAS, of the $12.5 million, $3.5 million has now been held in excess of five years,
with $1.7 million (along with any and all interest earned) still needed for these SR-125-related
capacity enhancing improvements; and
WHEREAS, the remaining $1.8 million in Interim SR-125 OIF funds held in excess of
five years have been transferred to South Bay Expressway in August 2007, to be refunded to
residents of Eastern Chula Vista who contributed to the SR-125 OIF via a toll reduction
incentive program; and
WHEREAS, on July 17, 2007, the City Council approved this toll reduction program via
Resolution 2007-182.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find that the unexpended funds in The Transportation Development Impact
Fee (TOIF) fund are still needed to provide for construction of facilities for which the fees were
collected.
BE IT FURTHER RESOLVED that the City Council makes the following findings:
1. The $1.7 million (along with any and all interest earned) remaining in the TOIF
will be used for SR-125-related capacity enhancing improvements; and
Resolution No. 2007-297
Page 2
2. The TDIF charged was reasonably related to the purpose for which it was
charged, in that, the fee was imposed on development within the Eastern
Territories of Chula Vista, and the funds were used and are being used to
construct SR-125, and enhance its capacity, to service that development; and
3. The TDIF fee was the only source of funding for the SR-125 and its
improvements; other than the $1.7 million remaining in the TDIF fund, and
interest to be earned on those funds, there is no additional funding necessary to
complete the SR-125 improvements; and
4. All Transportation Development Impact Fees for the SR-125 improvements have
been deposited into the TDIF fund.
Presented by
Approved as to form by
~r<:K\\\~~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of December 2007 by the following vote:
AYES: Councilmembers:
Castaneda, Ramirez, and Cox
NAYS: Councilmembers:
None
ABSENT: Councilmembers:
None
ABSTAIN: Councilmembers:
McCann, Rindone
c~J{~oft-
ATTEST:
L6~
t Susan Bigelow, MMC, City Clerk
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. 2007-297 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 18th day of December 2007.
Executed this 18th day of December 2007. ii!:, ~
~j( A:
t Susan igelow, 1:iMC, City Clerk
~