HomeMy WebLinkAbout98-030 CC ResolutionRESOLUTION NO. 98-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTION 5., AUTOMATIC
ADJUSTMENTS IN AMOUNT OF FEES FOR
DEVELOPMENT, OF RESOLUTION NO. 97-94 WHICH
ESTABLISHED AND IMPOSED A PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE
NOW, TWJIREFORE, BE IT RESOLVED by the City Council of the City of Temeeula
as follows:
Section 1.
declare as follows:
The City Council of the City of Temecula does hereby find, determine and
A. On May 27, 1997, the City Council adopted Ordinance No. 97-09
establishing Chapter 15.06 of the Temecula Municipal Code, Public Facilities Development
Impact Fee, which was modified by Ordinance No. 97-14 on August 26, 1997.
B. On May 12, 1997 the City Council adopted Resolution No. 97-45 which
established the Development Impact fees and on August 12, 1997 the City Council restated and
modified Resolution No. 97-45, by Resolution No. 97-94.
C. The Council desires to modify Section 5 of Resolution No. 97-94,
Automatic Adjustments in Amount of Fees for Development, so as to clarify the date when such
adjustments will begin and simplify the procedures for making the adjustments. The modifications
to Section 5 of Resolution No. 97-94 do not increase the development impact fees approved
therein.
Section 2. Section 5 of Resolution No. 97-94 is hereby amended to read as follows:
"Section 5. Automatic Adjustments in Amount of Fees for
Development. Commencing on July 1, 1998, the fees as established and
imposed by this Resolution, including the designated increases on "Exhibit
B" shall be adjusted as of July 1 of each year based upon the percentage
increase or decrease, if any, of the Engineering News Record Building Cost
Index (the "BCI") for the Los Angeles Metropolitan Area (BCI) for the
twelve month period prior to May 1 of the year in which the change will
be effective. The Director of Finance shall compute the percentage
difference between the BCI on May 1 of the year in which the change will
be effective and the BCI for the previous May 1. (As an example, effective
July 1, 1998 the Development Impact Fees will be adjusted by the
Rems. 98-30 1
percentage difference in the BCI between May 1, 1997 and May 1, 1998.)
The Director of Finance shall then adjust by such percentage the fees
established and imposed by this Resolution. The adjusted amounts shall be
rounded to the nearest dollar. These amounts shall constitute the fees
authorized by Chapter 15.06 of the Temecula Municipal Code and
established and imposed by this Resolution as of July 1 of the year in which
an adjustment is made. Should the BCI be revised or discontinued, the
Director of Finance shall use the revised index or a comparable index for
determining fluctuations in the cost of development. The determination of
the Director of Finance pursuant to this Section shall be set forth in a
memorandum to the City Manger and shall describe the changes in fees and
the method used to calculate the change in fees."
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of a court of
competent jurisdiction, such decision shall not effect the validity of the remaining portions of the
Resolution. The City Council hereby declares that it would have adopted this Resolution, and
each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that
any one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid
or unconstitutional.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
this 14th day of April, 1998.
Ron Roberts, Mayor
ATTEST:
A~-6hg City Clerk~_~j
Re~oa. 98-30 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss
CITY OF TEMECULA )
I, Susan W. Jones, Acting City Clerk of the City of Temecula, California, do hereby
certify that Resolution No. 98-30 was duly and regularly adopted by the City Council of the City
of Temecula at a regular meeting thereof held on this 14th day of April, 1998, by the following
vote:
AYES: 5
COUNCILMEMBERS:
Comerchero, Ford, Lindemarts, Stone,
Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Sus _a~,Jones~ CMC
ActinXg~ Clerk
Renos. 98-30 3