Ordinance 12-09[
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ORDINANCE NO. 2012-09
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE
AMENDING ORDINANCE NO. 2011-13 TO UPDATE ITS PARTICIPATION IN THE
WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION
FEE (TUMF) PROGRAM
WHEREAS, the City of Eastvale ("City") is a member agency of the Western Riverside
Council of Governments ("WRCOG"), a joint powers agency comprised of the County of
Riverside and eighteen cities located in Western Riverside County; and
WHEREAS, on December 14, 2011, the City Council adopted Ordinance No. 2011-13
which extended the 50% reduction in Transportation Uniform Mitigation Fee ("TUMF") only
through December 31, 2012 or until such time the City receives written notice from the WRCOG
Executive Director under direction of the WRCOG Executive Committee that the $20 million
aggregate cap in uncollected TUMF revenues has been reached, whichever occurs earlier; and
WHEREAS, the total of uncollected fees is currently at $19 million; consequently the
50% fee reduction will terminate within the next month under Ordinance No. 2011-13 unless
further extended by the City; and
WHEREAS, the City Council desires to amend Ordinance No. 2011-13 in order to reflect
the end of the 50% reduction in TUMF on December 31,2012, whereinafter on January 1, 2013,
the TUMF will be increased to one hundred percent (1 00% ); and
WHEREAS, the levying of TUMF has been reviewed by the City and staff in accordance
with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and it has
been determined that the adoption of this ordinance is exempt from CEQA pursuant to Section
15061(b)(3) ofthe CEQA Guidelines.
NOW, THEREFORE, the City Council of the City of Eastvale does hereby ordain as
follows:
SECTION 1. Findings. The recitals set forth above are hereby adopted as findings in
support of this Ordinance.
SECTION 2. Amendment of Ordinance. Section 3. of Ordinance No. 2011-13 which
refers to the "Temporary Fee Reduction Period" is hereby replaced in its entirety and shall be
amended to read as follows:
"Section 3. Temporary Fee Reduction Period
Notwithstanding Section 4 of Ordinance No. 824 and the adopted TUMF
schedule, the City Council may, by this ordinance, adopt a reduced TUMF schedule applicable
only through December 31, 2012. The TUMF may be so reduced by fifty percent (50%) of fees
established in the schedule adopted pursuant to Ordinance No. 824. All other sections of
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Ordinance No. 824 and as amended by 824.7 shall still be in effect during the temporary fee
reduction period. After December 31, 2012, the City Council, through a separate Resolution,
shall adopt a TUMF schedule which will increase the TUMF to one hundred percent ( 1 00%) on
January 1, 2013. For any fees not collected as a result of the temporary reduction authorized by
this Section 3, the City Council understands that it will have an obligation to backfill uncollected
TUMF revenue based on the 50% fee reduction through recommended specific, effective cost
savings and repayment methods as determined by WRCOG in coordination with the individual
Zone Committees. This action in no manner relieves the City Council of any past program
funding backfill obligations previously required before this action or any future obligations
resulting from any fee reduction not authorized under this Section 3, in which case the policies
and procedures included in the WRCOG Administrative Plan or otherwise adopted by WRCOG
regarding the remittance of TUMF shall apply. The City Council will make monthly reports to
WRCOG of the outstanding amount of uncollected TUMF revenue resulting from the 50%
temporary fee reduction from its effective date."
SECTION 3. Findings. The adoption of this Urgency Ordinance is necessary for the
immediate protection of the public peace, health and safety. In accordance with California
Government Code Section 36937 and in order to protect the public peace, health and safety, the
City Council ofthe City ofEastvale finds and determines as follows:
The City Council reaffirms the continuing impact of the economic recession on
development and construction in Western Riverside County, as originally discussed in the
Addendum to the 2009 Nexus Study and incorporated as part of the 2009 Nexus Study.
Therefore, the City Council finds that a temporary fifty percent 50% reduction Transportation
Uniform Mitigation Fee ("TUMF") will continue to encourage economic development by
reducing the overall cost of development.
SECTION 4. Effective Date. This Ordinance shall become effective immediately upon
adoption if adopted by at least a four-fifths vote of the City Council.
MOVED AND PASSED upon this 23rct day of May, 2012.
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Judy L. Haughney, CITY CLERK OF THE CITY OF EASTV ALE, DO HEREBY CERTIFY
that the foregoing Ordinance Number 2012-09 was duly and regularly adopted by the City
Council of the City ofEastvale at a regular meeting held the 23rd day of May, 2012, by the
following vote:
AYES: Council Members Rush, Welch, Bootsma, Mayor Pro TErn
Howell and Mayor DeGrandpre
NOES: None
ABSENT: None
ABSTAIN: None
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