(A) The City Council shall annually review, pursuant to Cal. Gov’t Code § 66006, and if necessary amend the regional transportation impact fee program to ensure that it continues to be a fair and equitable method to distribute the costs of improvements necessary to accommodate traffic volumes generated by future growth. This review will coincide with the adoption of the five year capital improvement program pursuant to Cal. Gov’t Code § 66006. In adjusting the fee program, the following shall be considered:
1. Adding new transportation projects that meet program criteria;
2. Deleting projects that have been completed;
3. Adjust the average per trip cost to reflect changes in construction costs;
4. Adjust the average per trip cost to reflect changes in land values as indicated in an annual survey of local government costs for land subject to right-of-way acquisition; and
5. Revise the average per trip cost to reflect changes in the list of regional projects as that list may be amended from time to time by the RTIF Policy Board.
(B) Unless otherwise amended by the City Council, the fees listed in § 4-7-6(D) of this chapter shall be adjusted on July 1 of each year based upon the engineering construction cost index as published by the Engineering News Record.
(C) Changes in the regional transportation impact fee resulting from the annual review will have no effect on fees already paid into the trust fund.
(D) At the time of the annual review, the City Council shall make findings for any fees remaining unexpended and uncommitted in the Trust Fund for five or more years after deposit demonstrating a reasonable relationship between the fee and the purpose for which it was charged. Unless a need for such fees can be demonstrated, the unexpended or uncommitted portion, including interest that has accrued, shall be refunded to the current record owner of the development project on a prorated basis.
(Ord. 613, passed 5-20-2014)