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HomeMy WebLinkAboutOB 2 INTERIM FEE INC 05-07-90A92216 WMEM ENDA- G _ I A OLD"BUSINESS NO. 2 5/7/90 4�► Inter - Com DATE: APRIL 30, 1990 lj TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: INTERIM FEE INCREASE PURSUANT TO MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR RECOMMENDATION: Pleasure of the City Council. BACKGROUND: On December 4, 1989 at 7:00 P.M., the Tustin City Council conducted a public hearing to consider an increase in the collection of fees (the "Development Fees") pursuant to the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor. After the receipt of testimony, the public hearing was closed and the City Council considered adoption of Resolution No. 89-185 which established areas of benefit and approved an interim increase in development fees of the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor. Resolution No. 89-185 failed to be passed and adopted as a result of a deadlocked City Council vote of two votes for and two votes against the adoption of Resolution No. 89-185. A copy of the minutes pertaining to this issue for the December 41 1989 City Council meeting is attached for information. The remaining member agency cities and the County of Orange have approved/adopted this interim fee increase along with the Foothill/ Eastern Transportation Corridor Agency. The new fees became effective on December 15, 1989. DISCUSSION: The attached City of Tustin Resolution No. 90-50 establishes the areas of benefit and approves an interim increase in development fees of the Major Thoroughfare and Bridge fee Program for the Foothill/Eastern Transportation Corridor and is presented for the City Council's consideration for adoption. The City Attorney's office has determined that no additional public hearings would be required to complete action on this item of business. tYG -e- Bob Ledendecker Director of Public Works/City Engineer BL: my Attach. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-50 THE RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING THE AREAS OF BENEFIT AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES OF THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR WHEREAS, the City Council has previously found, pursuant to Resolution No. 85-103 that the implementation of the Foothill/ Eastern Transportation Corridor will help to relieve congestion on existing transportation systems within the City; and WHEREAS, pursuant to Ordinance No. 948 of the City, the City Council adopted its major thoroughfare and bridge fee program (the "Fee Program") providing for fees (the "Development Fees") to be paid by building permit applicants in the City; and WHEREAS, it is now necessary to adopt an interim increase of the Development Fees in the amounts described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, notice of a public hearing on the proposed increase of the Development Fee was given pursuant to the provisions of Ordinance No. 948 and Sections 66484.3 and 65962 of the Government Code of the State of California; and WHEREAS, the property owners of a majority of the area of benefit described below did not file written protests to the increase of the Development Fees; and WHEREAS, pursuant to Section 66001 of the Government Code of the State of California, it is necessary that the City make certain findings in connection with the increase of the Development Fees. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: Section 1. The boundaries of the Area of Benefit shall be those portions of the real property located in the City of Tustin which are described in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor (the "Fee Program") attached as Exhibit A to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, dated as of October 21, 1988 (the "JPA"). The Fee Program and the JPA are on file in the City Clerk's office and are incorporated herein by reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2. The estimated cost of these major thoroughfares and bridges to be constructed pursuant to the Fee Program and the JPA, excluding financing costs associated with such construction, is in 1988 dollars as follows: Foothill/Eastern Transportation Corridor $1,500 Million The Fee Program is designed to collect 48.48% of the costs of construction of the Foothill/Eastern Transportation Corridor. Section 3. The interim increase of the Development Fees in accordance with the Schedule attached hereto as Exhibit A. is hereby approved and ordered. It is hereby acknowledged that this interim increase will be reviewed by the City in calendar year 1990 to determine, among other things, an appropriate share of financing costs to be attributed to new development and to confirm the adequacy of the Fee Program. Section 4. The Development Fees for development within the Area of Benefit are based on the trip ends generated by the development as determined from the trip generation tables included in the Fee Program, and shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for non-residential projects). Section 5. The purpose of the increase of the Develop- ment Fees is to reflect certain cost increases in connection with the construction of bridges over waterways, railways, freeways and canyons, and construction of major thoroughfares in Orange County, as more fully described in the Fee Program and in the reports of the Transportation Corridor Agencies. Section 6. The Development Fees are to be used pursuant to the provisions of the Fee Program, and the provisions of the Fee Program are hereby ratified as if approved,on the effective date of this Resolution. Section 7. The City Council hereby determines that there is a reasonable relationship between the use of the Development Fees and the type of development projects on which the Development Fees are imposed. This determination is based on the findings and determinations contained in the Fee Program, the reports of the staff and consultants to the Transportation Corridor Agencies, including, but not limited to, those related to user trip ends that originate, end or pass through the Area of Benefit described therein and that are attributable to new development. Section 8. The City Council hereby determines that there is a reasonable relationship between the need for the public facilities to be constructed with the proceeds of the Development Fees and the type of development projects on which the Development Fees are imposed. This determination is based on the findings and determinations contained in the Fee Program 1 2 3 4 5 6 7 8 9 10 11! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and in the reports of the staff and consultants to the Transportation Corridor Agencies on this matter, including, without limitation, the analysis relating to the trip ends within the described Areas of Benefit as adjusted for the various land -use categories which are attributable to new development. Section 9. The City Council hereby determines that there is a reasonable relationship between the amount of the Development Fees and the cost of the Foothill/Eastern Transportation Corridor. This determination is based on the findings and -determinations contained within the Fee Program and the reports of the staff and consultants to the Transportation Corridor Agencies, including the findings regarding trip ends within the Areas of Benefit attributable to new development. Section 10. The City Clerk is hereby directed to record a certified copy of this Resolution with the Recorder of the County of Orange. Section 11. This Resolution shall take effect on the date of the approval of the interim increase in Development Fees by the Board of Directors of the Foothill/Eastern Transportation Corridor Agency. APPROVED, ADOPTED AND SIGNED this 7th day of May , 1990. ATTEST: City Clerk MAYOR of the City of Tustin EXHIBIT A SCHEDULE OF FEES FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Zone A: Single Dwelling Units (SDU) $2,327 Multi -Dwelling Units (MDU) $1,359 Non -Residential (per sq. ft.) $ 3.23 Zone B: Single Dwelling Units (SDU) $1,655 Multi -Dwelling Units (MDU) $ 963 Non -Residential (per sq. ft.) $ 1.88 LEGEND AREA OF BEkEFIT Q off 0" •,�w .K6 r w -six tNaEX NAP ' _ .._.� �..,.,... L.•.. WITH OTT IOUOAKS NOTICE OF PUBUC HEARING SM4 JOAOLAN ►LLS FOOTHLUEASIERN TRAhSPORTAT04 CORR+OGAS NOTICE IS HEREBY GIVEN that on December 4, 1989, at 7:00 o'clock p.m. the City Council of the City of Tusf.n (the'Chy') will conduct a public hearing to consider an increase in the collection of fees (the 'Development Fees') pursuant to the Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and Foothill/Eastern Transportation Corridor (the'Fee Program'). DEVELOPMENT FEES ONLY APPLY TO NEW DEVELOPMENT. EXISTING RESIDENTIAL AND NON-RESIDENTIAL UNITS ARE NOT SUBJECT TO THE PROPOSED FEE INCREASE. The increased Development Fees will be collected within the area of benefit (the 'Areas of Benefit') shown on ule map contained in this notice. The estimated cost of the improvements to be constructed pursuant to the Fee Program for the Foothill/Eastern Transportation Corridor, excluding financing costs associated with such construction is $1,500 million dollars ($1,500,000,000). The Fee Program is designed to apportion the Development Fees within the Area of Benefit based on the trip ends generated by new development, as determined by the trip generation tables included in the Fee Program, which shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for non-residential projects). The proposed new fee amounts are as follows: Zone A Single Family Dwelling Unit $2327/unit Zone $1655/unit Multiple Dwelling Units $1359/unit $ 963/unit Non -Residential $3.23/sf $1.88/sf For information regarding the foregoing call (714) 557-9072 Said he will be conducted in the City Council chambers at 300 Centennial Way, Tustin, California Interested persons wishing to express their views will beiven an opportunity pportunity to do so at the public hearing. Any protests to the increase of the Development Fees must, prior to the time of the hearing, be submitted in writing to Mary Wynn, City Clerk, City of Tustin, 300 Centennial Way, Tustin, CA 92680, prior to the close of the public hearing, and m:: identify the property owned within the Area of Benefit and the size of the property. THE CITY COUNCIL OF THE CITY OF TUSTIN CITY CLERK OF THE CITY OF TUSTIN 9XA,t. Lir= ��� � �� � %�'• �' �-� •. . ' DATE: TO: . FROM: NOVEMBER 28, 1989 WILLIAM HUSTON, CITY MANAGER Inter - Com PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: INTERIM FEE INCREASE PURSUANT TO MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN-TRANSPORTATION CORRIDOR RECOMMENDATION: Pleasure of the City Council. BACKGROUND: The Major Thoroughfare and Bridge Fee Program ("Fee Program") was originally initiated by the Orange County Board of Supervisors in 1982. The Fee. Program.was subsequently revised and adopted by the County and the Cities of Anaheim, Costa Mesa, Dana Point,' *Irvine," Mission Viejo, Newport Beach, Orange, San Clemente, San Juan Capistrano, Santa Ana, Tustin and Yorba Linda as an exhibit to the Joint Exercise of Powers 't Agreements creating the Foothill/Eastern and San Joaquin Hills Transportation Corridor Agencies. The intent of the Fee' Program is to require all new development to bear a reasonable portion of the costs of the Corridors by payment of development fees. The Fee Program contemplates that funds from other more traditional sources (e.g., existing state and federal taxes on motor vehicle fuel) and/or from other non-traditional sources (e.g. toll revenues) will pay for the portion of the cost of the Corridors not funded by development fees. The Fee -Program estimated the cost of the Corridors, established areas of benefit, in which development fees would be required, and calculated fee rates for various types of land uses (e.g., single family, multi- family, non-residential). The fee rates included in the Fee Program are based on calculations of the percentage of corridor user trip ends that originate or end within the Area of Benefit and which are attributable to new growth. The Fee Program calculates that trip ends attributable to new growth represent 48-.48% of the trips within the Foothill/Eastern Area of Benefit. Accordingly, the Fee Program included fees on new development in accordance with the estimated benefit to be derived from the Corridors. A more detailed description of the methodology utilized to develop the existing fee rates is included in the Fee Program which is attached hereto. In 1988 the TCA initiated a review of the estimated construction costs for the three Corridors. The review was intended to update the cost estimates included in the 1985 Fee Program to reflect the substantial additional environmental, design and engineering studies conducted since 1985 and the .selection of a preferred 'alignment for the Eastern Transportation Corridor. r: FEE INCREASE - MAJOR THOROUGHFARE & BRIDGE FEE NOVEMBER 28, 1989 PAGE 2 N In March 1989, the Corridor Design Management Group ("CDMG") submitted cost estimates to the TCA for the two Corridors. The estimates shown in �. 1988 for the Foothill/Eastern Corridors is $1,500 million. The CDMG cost estimates were also reviewed by Deleuw Cather & Company. The Deleuw Cather & Company estimates ranged from 10% - 18% lower than the CDMG estimate for the Foothill/Eastern Corridors. The TCA recognizes that the cost estimates could be revised further as additional design work is completed and because of (1) the TIOPAC align- ment alternative for the Eastern Corridor, and (2) the phasing analysis for the Foothill and Eastern Corridors. Accordingly, the TCA adopted a conservative approach -in setting the interim fees with the understanding that these and other construction cost issues will be further reviewed in 1990. In June 1989, the Board of Directors of the TCA voted to retain the methodology of the existing Fee Program including the existing Area of Benefit boundaries, two fee zones within the Area of Benefit, and the original developer share percentage of 48.48% for the Foothill/Eastern Corridor. In July 1989, the Board of Directors of the TCA recommended the adoption of interim fee rate increases based on the methodology of the Fee Program to. reflect the increased estimated cost of the Corridors discussed above. The recommended interim fee rates do not include any financing costs for the two Corridors. The TCA is in the process of s developing more definitive finance plans for the Corridors. It is t; anticipated that the finance plans will be adopted in 1990, and that the TCA will seek a further revision to the Corridor fees at that time to reflect- an appropriate share of Corridor financing costs. The interim 1 fee rates also reflect a recognition b the TCA that there may be some g Y Y i adjustment in the next several months regarding the construction cost estimates for the Corridors in light of the TIOPAC alignment alternative for the Eastern, and a phasing schedule for the Foothill/Eastern. Accordingly,. the Board of the TCA recommended the interim rates to {� reflect the increased construction costs for the Corridors, but with the- understanding heunderstanding that the TCA will seek a permanent adjustment in the fee rates in calendar year 1990 after the outstanding finance and construction costs issues have been resolved. 1 DISCUSSION: �y} The First Amended and Restated Joint Exercise of Power Agreement i; creating the Foothill/Eastern Transportation Corridor Agency requires �the Board of Directors of the TCA to annually review the development fees imposed by the parties -to the Joint Power Agreement to finance the FEE INCREASE - MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM y NOVEMBER 28, 1989 PAGE 3 construction of the Corridors and authorizes the modification of the .:: Corridor fees with the approval of two-thirds of the Members of the Agency. Except for annual inflation adjustments, the level of the development fees has not been revised since the Major Thoroughfare *and Bridge Fee Program was adopted originally in 1985. At that time only conceptual i' studies were available to form the basis for the original program and costestimates were extremely preliminary. During the past 3-4 years, detailed environmental, design and engineering studies have been completed for the Corridors, and a preferred alignment has been selected for the Eastern Transportation Corridor. In 1987 the toll method was identified and adopted as the primary funding source for the remainder of the financing package, necessitating further changes in the design and engineering approach to the Corridors. These studies have now provided more precise estimates of the construction cost of the Corridors. The recommended development fee rates are specifically proposed to be interim rates. The recommended rates do not reflect any financing costs associated with the construction of the corridors (e.g. the cost of money). The TCA is in the process of developing more definitive finance plans for the Corridors. Accordingly, the Board of Directors of the TCA decided to recommend the above interim rates pending the -completion of these additional analyses and the resolution of certain other construction cost issues. In order to implement the recommendation of the TCA, two-thirds of the signatories. to •the Joint.. Powers Agreement are required to hold public hearings and approve the proposed fee increase. Accordingly,' the TCA is requesting that the Board of Supervisors and the City Council of each party to the Joint Powers Agreement approve resolutions revising the Corridor fees specified in the Major Thoroughfare and Bridge Fee Program. _ The existing development fee rates and the proposed interim fee rates for the Foothill/Eastern Corridor are as follows: Current TCA Recommended Rates Interim Rates Zone Single Dwelling Units (SDU) $1,417 $2,327 Multi -Dwelling Units (MDU) $ 827 $1,359 Non -Residential (per sq. ft.) $ 1.97 $ 3.23 t• . FEE INCREASE - MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM NOVEMBER 28, 1989 PAGE 4 Current TCA Recomme: i +,R Rates Interim Rat, -i Zone B Single Dwelling Units (S DU) $1,007 $1,655 Multi -Dwelling Units (MDU) $ 586 $ 963 t Non -Residential (per sq, ft.) $ 1.15 $ 1.88 Development fees are imposed by each party to the Joi Agreements as a condition to the approval of new developm� proposed fee increases do not apply to any existing developmen A- public hearing has been set for Monday, December 4, 1989 at in the City Council Chambers.Notices of this public •-hea: mailed to all property owners of record within the city limi7 - latest Assessor's Office records and published in the Oran( Register by the Transportation Corridor Agency. Additionally, staff has posted notices at all intersections of arterial within the City (copy of this notice is attached for informatic. Following is a suggested procedure for the public hearing: 1. Brief overview of the requested interim fee increase by Mr. John Meyer, representative of the TCA. 2. Open public hearing. 3. Receive testimony. either for or against the proposed fee it 4. Close public hearing. - 5. Adoption of Resolution No. 89-185 if the City Council deter that an interim increase in development fees of the Major Thoroughfare and Bridge Fee Program for the Foothill/Easter Transportation Corridor is in order. The Transportation Corridor Agency Board,.' staff and the 'Advisory Committee members request the Tustin City Council's ap -..the adoption of the interim rates as outlined above. 'Bob Ledendecker �Oirector-of Public Works/City Engineer a BL: my t Powers The J P.M. were ar the :ountV City ghways :'ise . as nical -al of 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-185 THE RESOLUTION OF THE CITY OF TUSTIN, CALIFORNIA ESTABLISHING THE AREAS OF BENEFIT.AND APPROVING AN INTERIM INCREASE IN DEVELOPMENT FEES OF THE MAJOR THOROUGHFARE AND BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR WHEREAS, the City Council has previously found, pursuant to Resolution No. 85-103 that -.the implementation of the Foothill/ Eastern Transportation Corridor will help to relieve congestion on existing transportation systems within the City; and WHEREAS, pursuant to Ordinance No. 948 of the City, the City Council adopted its major thoroughfare and bridge fee program (the "Fee Program") providing for fees (the "Development Fees") to be paid by building permit applicants in the City; and WHEREAS, it is now necessary to adopt an interim increase of the Development Fees in the amounts described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, notice of a public hearing on the proposed increase of the Development Fee was given pursuant to the provisions of Ordinance No. 948 and Sections 66484.3 and 65962 of the Government Code of the State of California; and WHEREAS, the property owners of a majority of the area of benefit described below did not file written protests to the increase of the Development Fees; and WHEREAS, pursuant to Section 66001 of the Government Code of the State of California, it is necessary that the City make certain findings in connection with the increase of the Development Fees. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: Section 1. The boundaries of the Area of Benefit shall be those portions of the real property located in the City of Tustin which are described in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor (the "Fee Program") attached as Exhibit A to the First Amended and Restated Joint Exercise of Powers Agreement Creating the Foothill/Eastern Transportation Corridor Agency, dated as of October 21, 1988 (the 'IJPA"). The Fee Program and the JPA are on file in the City Clerk's office and are incorporated herein by reference. 20 21 22 23 24 25 26 27 28 W Section 2. The estimated cost of these major thoroughfares and bridges to be constructed pursuant to the Fee Program and the JPA, excluding financing costs associated with such construction, is in 1988 dollars as follows: Foothill/Eastern Transportation Corridor $1,500 Million The' Fee Program is designed to collect 48.48% of the costs of construction .of the Foothill/Eastern Transportation Corridor. Section 3. The interim increase of the Development Fees in accordance with the Schedule attached hereto as Exhibit A, is hereby approved and ordered. It is hereby acknowledged that this interim increase will be reviewed by the City in calendar year 1990 to determine, among other things, an appropriate share of financing costs to be attributed to new development and to confirm the adequacy of the Fee Program. Section 4. The Development Fees for development within the Area of Benefit are based on the'trip ends generated by the development as determined from the trip generation tables included in the Fee Program, and shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for non-residential projects). Section 5. The purpose of the increase of the Develop- ment Fees is to reflect certain cost increases in connection with the construction of bridges over waterways, railways, freeways and canyons, and construction of major thoroughfares in Orange County, as more fully described in the Fee Program and in the reports of the Transportation Corridor Agencies. Section 6. The Development Fees are to be used pursuant to the provisions of the Fee Program, and the provisions of the Fee Program are hereby ratified as if approved on the effective date of this Resolution. Section 7. The City Council hereby determines that there is a reasonable relationship between the use of the Development Fees and the type of development projects on which the Development Fees are imposed. This determination is based on the findings and determinations contained in the Fee Program, the reports of the staff and consultants to the Transportation Corridor Agencies, including, but not limited to, those related to user trip ends that originate, end or pass through the Area of Benefit described therein and that are attributable to new development. Section 8. The City Council hereby determines that there is a reasonable relationship between the need for the public facilities to be constructed with the proceeds of the Development Fees and the type of development projects on which the Development Fees are imposed. This determination is based on the findings and determinations contained in the Fee Program ff c V 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 and in the reports of the staff and consultants to the Transportation Corridor Agencies on this matter, including, Z without limitation, the analysis relating to the trip ends within the described Areas of Benefit as adjusted for the 3 various land -use categories which are attributable to new development. Section 9. The City Council hereby determines that there is a reasonable relationship between the amount of the Development Fees and the cost of the. Foothill/Eastern Transportation Corridor. This determinationis based on the findings and determinations contained within the Fee Program and the reports of the staff and consultants to the Transportation Corridor Agencies, including the findings regarding trip ends C within the Areas of Benefit attributable to new development. Section 10. The City Clerk is hereby directed to record a certified copy of this Resolution with the Recorder of the County of Orange. Section 11. This Resolution shall take effect on the date of the approval of the interim increase in Development Fees by the Board of Directors of the Foothill/Eastern Transportation Corridor Agency. APPROVED, ADOPTED AND SIGNED this day of 1989. ATTEST: City Clerk MAYOR of the City of Tustin EXHIBIT A SCHEDULE OF FEES FOOTHILLZEASTERN Zone A Single Dwelling Units (SDU) Multi -Dwelling Units (MDU) Non -Residential (per sq. ft.) Zone B Single Dwelling Units (SDU) Multi -Dwelling Units (MDU) Non -Residential (per -sq. ft.) $2,327 $1,359 $ 3.23 $1,655 $ 963 $.1.88 LEGEND AREA OF 6EWIT SA11 JOAOLAN HLLS n a' '%& 04� •`� �`� 00EX NAP f OOTHLUEAS TERN �..,,..,.� ..... WITH CITY DDLtOAR►ES TRANSPORTAT" COMMAS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on December 4, 1989, at 7:00 o'clock p.m. the City Council of the City of Tusfn (the'Chy') will conduct a public hearing to consider an increase in the collection of fees (the 'Development Fees') pursuant to the Major Thoroughfare and Bridge Fee Program for the San Joaquin Hills Transportation Corridor and Foothill/Eastern Transportation Corridor (the *Fee Program'). DEVELOPMENT FEES ONLY APPLY TO NEW DEVELOPMENT. EXISTING RESIDENTIAL AND NON-RESIDENTIAL UNITS ARE NOT SUBJECT TO THE PROPOSED FEE INCREASE. The increased Development Fees will be collected within the area of benefit (the 'Areas of Benefit') shown on cne map contained in this notice. The estimated cost of the improvements to be constructed pursuant to the Fee Program for the Foothill/Eastern Transportation Corridor, excluding financing costs associated with such construction is $1,500 million dollars ($1,500,000,000), The Fee Program is designed to apportion the Development Fees within the Area of Benerrt based on the trip ends generated by new development, as determined by the trip generation tables included in the Fee Program, which shall be assessed upon new development based upon the number of dwelling units included in the development (for residential projects) or the gross square footage of the development (for non-residential projects). The proposed new fee amounts are as follows: Zone A Zone Single Family Dwelling Unit $2327/unit $1655/unit Multiple Dwelling Units $1359/unit $ 963/unit Non -Residential $3.23/sf $1.88/sf For information regarding the foregoing call (714) 557-9072 Said hearing will be conducted in the City Council chambers at 300 Centennial Way, Tustin, California. _. Interested persons wishing to express their views will beiven an opportunity pponunity to do so at the public hearing. Any protests to tNe increase of the Development Fees must, prior to the time of the hearing, be submitted in writing to Mary Wynn, City Clerk, City of Tustin, 300 Centennial Way, Tustin, CA 92680, prior to the close of the public hearing, and m ,. identify the property owned within the Area of Benefit and the size of the property. THE CITY COUNCIL OF THE CITY OF TUSTIN CITY CLERK OF THE CITY OF TUSTIN MINUTES OF A REGULAR 'TING OF THE CITY COUNCIL HE CITY OF TUSTIN, CALIF% _..iIA DECEMBER 41 1989 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE The meeting was called to order by -Mayor Edgar at 7:00 p.m. in the City Council Chambers, 300 Centennial Way. The Pledge of Allegiance was led by Councilman Kelly. II. INVOCATION The Invocation was given by Pastor Jeff Slipp, Colonial Bible Church. 1 III. ROLL CALL Council Present: Richard B. Edgar, Mayor Ursula E. Kennedy, Mayor Pro Tem John Kelly Earl J. Prescott (Council position vacant) Council Absent: None Others Present: William A. Huston, City Manager James G. Rourke, City Attorney Mary E. Wynn, City Clerk Christine Shingleton, Dir./Community Development Robert Ledendecker, Director of Public Works Ronald A. Nault, Finance Director Royleen White, Dir./Community & Admin. Services Daniel Fox, Senior Planner Houston Williams, Police Lieutenant Valerie Whiteman, Acting Chief Deputy City Clerk Approximately 80 in the audience IV. PRESENTATIONS ^� 1. RESOLUTION FOR RUBY MAY k Mayor. Edgar read and presented a Resolution to Ruby May, commending her for volunteerism, dedication and service to the City. Ruby May expressed her appreciation to everyone, especially Isabelle McClements, who had supported and encouraged her to continue as a volunteer. 2. COMMENDATION FOR ISABELLE McCLEMENTS Mayor Edgar read and presented a Commendation to Isabelle McClements commending her for nine and one-half years as Recreation Coordinator for the City. The Commendation recognized her dedicated service and contributions to the community. Isabelle McClements thanked the Council, staff and the City for the Commendation. She expressed what a pleasure and privilege it had been to be an employee of the City. V. PUBLIC HEARINGS 1. INTERIM FEE INCREASE PURSUANT TO MAJOR THOROUGHFARE & BRIDGE FEE PROGRAM FOR THE FOOTHILL/EASTERN TRANSPORTATION CORRIDOR Jerry Bennett, Chief Engineer of Transportation Corridor j Agencies, explained the intent of the Fee Program which required all new development to bear a reasonable portion of the Corridor costs by payment of development fees. Mayor Edgar explained that the fees collected since 1985 were ! computed upon the assumed dollar value of what the Corridor would cost in 1985 and the fee charged to developers was approximately CITY COUNC 'INUTES Page 2, 12 19 48% of the total road development cost. Due to a higher cost for road development than originally estimated, an increase greater than an inflationary increase would be needed and he noted the fees would place 48% of the cost for roads on developers and 32% would be paid by toll fees. Mayor Edgar opened the Public Hearing at 7:14 p.m. There were no speakers on the subject and the Public Hearing was closed. Councilman Kelly supported the plan to alleviate the traffic crisis, but was disappointed that the report stated the cost could be revised further for additional design work. He stated he could not support any additional fee levied on the community. Mayor Pro Tem Kennedy stated the intent of the fee program was requiring new development to pay for their impact upon the citizens of Tustin because previously there was development without planning for roads. It was felt when Proposition No. 13 passed, development should pay their portion of solving problems created with their densities and housing. She felt that Cities could not discontinue road construction because of escalated costs and this was a complicated, carefully planned program. Councilman Prescott desired the funding source to be toll booths, placing the cost on motorists and truck firms. It was moved by Edgar, seconded by Kennedy, to support the fee program as presented by staff. The motion died 2-2, Edgar and Kennedy favored, Kelly and Prescott opposed. 54 2. GENERAL PLAN AMENDMENT 89-03, ZONE CHANGE 89-01, TENTATIVE PARCEL MAP 89-110; APPLICANT: IRVINE INDUSTRIAL COMPANY Daniel Fox, Senior Planner, gave a staff report regarding the 1 proposed project. Mayor Edgar opened the Public Hearing at 7:23 p.m. There were no speakers on the subject and the Public Hearing was closed. It was moved by Kennedy, seconded by Kelly, to adopt the following Resolution No. 89-182 certifying the Negative Declaration for General Plan Amendment, Zone Change 89-01 and Tentative Parcel Map 89-110: RESOLUTION NO. 89-182 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 89-03, ZONE CHANGE 89-01 AND TENTATIVE PARCEL MAP 89-110, INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The motion carried 4-0. It was moved by Kelly. seconded by Prescott, to adopt the following Resolution No. 89-183 approving General Plan Amendment 89-03: RESOLUTION NO. 89-183 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 8.9- 03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM P&I (PUBLIC AND INSTITUTIONAL) TO I (INDUSTRIAL) ON THE PROPERTY LOCATED SOUTHEASTERLY OF FUTURE JAMBOREE ROAD ADJACENT TO PETERS CANYON WASH The motion carried 4-0. 81