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Ordinance 12-09[ [ 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 {0000601S .DOC VI} r l 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: {00006015.DOC VI} 2 [ [ L 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 {00006015.DOC VI} 3