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RES-10284 Fee Update For Transportation Systems Improvement Programs_Recinded by RES-11270RESOLUTION NO. 10284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE UPDATING FEES FOR THE TRANSPORTATION SYSTEMS IMPROVEMENT PROGRAM AND AMENDING AND REVISING THE MASTER SCHEDULE OF FEES AND CHARGES AS AUTHORIZED BY ORANGE MUNICIPAL CODE CHAPTER 3.10 PERTAINING TO SAID FEES. WHEREAS, the City Council (City Council) of the City of Orange (City) has previously adopted Ordinance No. 9-96 amending Chapter15.41 of the Orange Municipal Code ( Code)providing for the establishment and adjustment of certain fees (TSIP Fees) for building projects,improvements and changes in a structure or facility use on properties located within the boundaries of Transportation Systems Improvement Program (TSIP) areas to improve the transportation system within those areas; and WHEREAS, pursuant to the requirement of Section15.41.070 of the Code, which provides for the annual review of the TSIP Fees by the City Traffic Engineer and the recommendation to the City Council for adjustments, if any, in the amount of the TSIP Fees, the City Council adopted Resolution No. 9979 on August 9, 2005, for the purpose of adjusting the TSIP Fees to reflect the evaluation of the project list, project priorities, the applicability of the basic fee rates structure, and construction cost increases; and WHEREAS, Chapter15.41 of the Code provides for any adjustment in the TSIP Fees by resolution of the City Council in accordance with the requirements of the Mitigation Fee Act commencing with Section 66000 of the Government Code of the State of California) (the Act); and WHEREAS, this City Council has received and duly considered the report of the City Traffic Engineer, which contains information, documentation and analysis of the TSIP Fees in relation to increases in construction costs based on the Annual Average Price Change for the State's Project construction items, and includes information relating to (a) the purpose of the TSIP Fees; (b) the use to which the TSIP Fees are to be put; (c) the reasonable relationship between the use of the TSIP Fees and the type of projects on which the TSIP Fees were to be posted; (d) the reasonable relationship between the need for the improvements and facilities to be funded with TSIP Fees and the type of projects on which the TSIP Fees are to be imposed; and;e) the reasonable relationship between the amount of the TSIP Fees and the cost of the improvements and facilities or portion of the improvements and facilities attributable to the projects on which the TSIP Fees are to be imposed; and WHEREAS, the City Traffic Engineer has determined that roadway construction costs have increased 11.0% for the year period ending March 31,2007; and WHEREAS, a Per/Trip Fee Rate of $1 06/Trip End has been calculated for TSIP Area A; WHEREAS, existing Land-Use based Fee Rates(calculated by the proposed Square Footage) were refined to ensure consistency with Per/Trip Fee Rates (calculated by number of trip ends) in all three TSIP Areas; and WHEREAS, the City Traffic Engineer recommends that the TSIP fees be updated to reflect construction cost increases, the new Per/Trip Fee Rate for Area A, and the refined rates based on the consistency check; and WHEREAS, the TSIP Fees collected under and pursuant to this Resolution and Chapter15.41 of the Code shall be used to finance the improvements and facilities identified and adopted by the City Council under the Transportation System Improvement Program; and WHEREAS, after consideration of the report of the City Traffic Engineer, this City Council believes that ( a) there is a reasonable relationship between the use of the TSIP Fees and the type of projects on which the TSIP Fees are to be imposed; (b) there is a reasonable relationship between the need for the TSIP to be funded with TSIP Fees and the type of projects on which the TSIP Fees are to be imposed; (c) there is a reasonable relationship between the amount of the TSIP Fees and the cost of the TSIP or portion of the TSIP attributable to the projects on which the TSIP Fees are to be imposed; and (d) the adjustment and imposition of the TSIP Fees pursuant to this Resolution and Section15.41.070 of the Code is in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law and requirements; and WHEREAS, the report of the City Traffic Engineer was made available to the public as required by law before this City Council considered it at a regularly scheduled public meeting, and WHEREAS, all required notices of the proposed adjustment and imposition of the TSIP Fees have been given; and WHEREAS, after publication of notice, as required by law, a public hearing has been duly held by the City Council in accordance with he Act on the proposed adjustment and imposition of the TSIP Fees; and WHEREAS, the proposed establishment and imposition of the TSIP Fees is statutorily exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with Section 15273 of the State CEQA Guidelines; and WHEREAS, on January 22,2008, and pursuant to Chapter 3.10 of the Orange Municipal Code, the City Council adopted Resolution No. 10250 which revised the City's Master Schedule of Fees and Charges, which has been amended from time to time since then by the City Council; and WHEREAS, the City Council has determined that the Master Schedule of Fees and Charges should again be amended to provide for the TSIP Fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: 1. The foregoing recitals are true and correct. 2. That the City Council accepts and adopts the report prepared by the City Traffic Engineer in the form presented at the meeting at which this Resolution is adopted. 3. That the City Council finds that the purpose of the TSIP Fees is to partially fund the improvements to the transportation system within the TSIP areas to partially offset the impact and burden that projects will impose on the TSIP areas and their surrounds. 4. That the City Council finds that there is a roughly proportional, reasonable relationship between the use of the TSIP Fees and improvements and facilities within the TSIP areas because the TSIP Fees imposed on projects by this Resolution will be used to fund improvements and facilities which will be used to partially offset the impact and burden that projects will impose within the TSIP areas. 5. That the City Council finds that there is a roughly proportional, reasonable relationship between the projects upon which the TSIP Fees are imposed and the need for the improvements and facilities of the TSIP because projects will impose an impact and burden within the TSIP areas that cannot be mitigated entirely by developers of projects. 6. That the City Council finds that the amount of the TSIP Fees levied on projects, as set forth in this Resolution, is roughly proportional and reasonably related to, and does not exceed the cost of, providing the improvements and facilities required to serve the projects within the TSIP areas. 7. That the City Council finds that a separate account has been established for the deposit of TSIP Fees imposed on projects and that said account has and will at all times be separately maintained from other funds of the City. 8. That the City Council finds that the funds of the account, described in Section 7, consisting of the proceeds of TSIP Fees, shall be administered, used and expended exclusively for the program. The TSIP Fees may also be expended by the City for the costs of performing any study or otherwise making the finding and determinations required under subdivisions (a), b), and (d) of Section 66001 of the Government Code. 9. That the City Council hereby establishes the TSIP Fees as a condition of approval of projects and imposes the TSIP Fees on such projects in the amounts more particularly described in the Amendment to Master Schedule of Fees and Charges attached hereto and incorporated herein by this reference. 10. That the proceeds of the TSIP Fees established pursuant to this Resolution shall be deposited into that account identified in Section 7 of this Resolution, the proceeds of which shall be used exclusively for the purpose for which the TSIP Fees are to be collected, including accomplishing any study, findings or determinations required by subdivisions ( a), (b) and (4) of Section 66001 of the Government Code. 3 11. Resolution No. 9979, adopted on August 9, 2005, is hereby amended and the attachment entitled Amendment to Master Schedule of Fees and Charges in the form presented at this meeting is hereby adopted, modifying Resolution No. 10250 to provide for the addition of those certain fees more particularly described in the attached Amendment to Master Schedule of Fees and Charges. 12. The City Council finds that the fees and charges set forth in the attached Amendment to Master Schedule of Fees and Charges do not exceed the reasonable costs of providing the respective goods, facilities and/or services pertaining to each fee and charge. 13. The fees, charges, and rates listed in the attached Master Schedule of Fees and Charges shall be effective as of the 61 st day after the date of adoption of this Resolution. 14. If any fee, charge or rate set forth in this Resolution or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other fee, charge or rate, or application thereof, which can be implemented without the invalid fee, charge or rate, or application thereof, and to this end the fees, charges and rates of this Resolution are declared to be severable. ADOPTED this 9th day of September, 2008. ATTEST: fA/ v I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularl6' adopted by the City Council of the City of Orange at a regular meeting thereof held on the 9t day of September, 2008, by the following voV~: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Bilodeau D 4