HomeMy WebLinkAboutAgenda Report - November 17, 2010 H-03 PHAGENDA ITEM W'605
M 6
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDATITLE: Conducta Public Hearingto Consider Adoption of Resolution amending the San
Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Development Fees For 2011
MEETING DATE: November 17,2010
PREPARED BY: Community Development Department
RECOMMENDED ACTION: Conduct a Public Hearing to consider adoption of Resolution
amending the San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan Development Fees for 2009.
BACKGROUND INFORMATION: On February 21, 2001, the City of Lodi adopted the San Joaquin
County Multi -Species Habitat Conservation and Open Space Plan
(SJMSCP). The Plan includes a schedule of fees to be paid by
property owners who propose to develop their property4with Don -agricultural uses. These fees are used
to mitigate for the cumulative impacts of new development on habitat lands within Lodi and San Joaquin
County. According to the Plan, it is necessary for all jurisdictions covered by the Plan to approve the
Habitat Conservation Plan (HCP) fees in order for the jurisdiction to continue to participate in the Plan.
The fees are reviewed on an annual basis.
According to the San Joaquin Council of Governments (SJCOG), it is necessary for all jurisdictions
covered by the Plan to adopt the annual Habitat Conservation Plan (HCP) fees in order for those
jurisdictions to continue to participate in the Plan. SJCOG adopted financial analysis model in late 2006
to calculate development fees. The Financial Analysis Model also established a formula method that
provides for future annual adjustments of the fee schedule based on the established criteria. Utilizing this
formula, the SJCOG has established a new fee schedule for 2011 (attachment). For 2011, the fees for
all categories of habitat land have decreased. Open Space lands have decreased from $7,307 to $6,631
(by 9.25 percent). Agriculture and Natural lands (the two largest categories) have decreased by 9.26
percent from $14,615 to $13,262. Fees for Vernal Pool (grasslands) habitat lands decreased by 8.9
percent from $42,071 to $38,328 and Vernal Pool (wetted lands) decreased by 3.77 percent from
$80,766 to $77,720. An explanation of the analysis methodology is included in the SJCOG staff report
(attachment).
On August 11,2010, The SJCOG Board unanimously approved the attached HCP fee schedule for 2011.
All local jurisdictions are now being asked to adopt the new fee schedule that will take effect on January
1, 2011. These new development fee changes will take effect on January 1, 2011 and expire December
31, 2011. The fees will be paid by land owners who develop their property with projects that are subject
to the fees.
APPROVED:
Konrad artlam, Interim City Manager
FISCAL IMPACT: NotApplicable
FUNDING AVAILABLE: Not Applicable
Konra artlam
Community Development Director
KB/IB/kjc
Attachments:
1 DoSJCOG Staff Reportw/Fee Analysis Update summary
2) Habitat Conservation Plan 2011 and 2010 Fee Schedule
08/2010
SJCOG Inc.
Staff Report
SUBJECT:
RECOMMENDED ACTION:
SUMMARY:
2011 SJMSCP Development Fees
Motion to Approve the 2011 SJMSCP
Development Fees as Adjusted Pursuant to
Land Sale Comparables and Consumer Price
Index
The final calculation of the 2011 SJMSCP Development Fees showed a significant decrease in
all the habitat categories. SJCOG, Inc. staff calculated the fee in accordance with the SJMSCP
and the financial analysis model adopted by the SJCOG, Inc. Board in late 2006. Staff is
bringing the fees for the annual approval by the SJCOG, Inc. Board as required under the plan.
If approved by the SJCOG, Inc. Board, SJCOG, Inc. staff shall notify each local jurisdiction
regarding proposed annual adjustments to the SJMSCP development fees and require the local
jurisdictions to adopt the current SJMSCP fee.
Per the financial analysis model adopted in late 2006, the development fees are calculated using
a formula method which will be adjusted annually as shown in the table below [FEE = Category
A (acquisition) + Category B (assessment & enhancement) + Category C (management &
admin)]. Each component of the formula is adjusted using a specific mechanism which relates to
the individual component in the fees. The development fees established must be adopted by
each of the jurisdictions and would become effective on January 1St of the subsequent year for
projects using the SJMSCP.
2011 SJMSCP Development Fees
Open Space
$4,288.02
$1,498.44
$844.78
$6,631.23
$6,631
AG/Natural
$8,576.04
$2,996.88
$1,689.55
$13,262.47
$13,262
Vernal Pool
(grasslands)
$31,580.64
$564.36
$6,183.02
$38,328.02
$38,328
Vernal Pool
(wetted)
$31,580.64
$39,956.00
$6,183.02
$77,719.66
$77,720
2010 SJMSCP Development Fees
Open Space
$5,005.55
$1,471.94
$829.84
$7,307.34
$7,307
AG/Natural
$10,011.11
$2,943.89
$1,659.68
$14,614.67
$14,615
Vernal Pool (grasslands)
$35,442.51
$554.38
$6,073.69
$42,070.59
$42,071
Vernal Pool (wetted)
$35,442.51
$39,249.51
$6,073.69
$80,765.72
$80,766
DISCUSSION:
Category A (acquisition) - Comparables
This category is directly related to land valuation based on comparables which occur in specific
zones of the plan. This category is evaluated on a yearly basis by taking all qualified
comparables in each zone, including SJCOG, Inc. easements, to set a weighted cost per acre
using the same methodology as in the Financial Analysis Update in 2006 created by EPS. The
SJCOG, Inc. easements are evaluated using the appraised value of the property in the before
condition to be included with the fee title sales of other property occurring in San Joaquin
County meeting specific criteria below. The final weighted cost per acre of each zone is
calculated into a blended rate under SJMSCP Fee Category A (acquisition) figure for each
habitat type (Attachment 1 -Tables A -D).
The criteria to determine valid comparables used in the weighted calculation are:
1. All SJCOG, Inc. transactions (fee title and appraised value of unencumbered property)
2. Sales not less than 40 acres
3. Sales not greater than 500 acres
4. No parcels with vineyard or orchard (except SJCOG, Inc. transactions for special needs)
5. Must be land which would fulfill mitigation under the plan
6. Not greater than 2 years old from the date of June 30th of each year with all acceptable
comparables included (criteria 1-5). A minimum of 10 acceptable comparables are
required for analysis. If the minimum of 10 transactions are not available, the time
period will extend at 3 month intervals prior to the beginning date until 10 comparables
are gathered.
The calculation results in a minimal decrease to the Agricultural/Natural Habitat type of
Category A (acquisition) component to be $8,576.04.
Category B (assessment & enhancement) - Consumer Price Index
This category is a straight forward use of an average of the California Consumer Price Index
(CPI) calculator, as reported by the California Department of Finance, for a 12 month period
following a fiscal year (July — June) to keep up with inflation on a yearly basis. The California
CPI calculation was an increase of 1.8%.
The calculation results in an increase of the Agricultural/Natural Habitat type Category B
(Assessment & Enhancement) component to be $2,996.88.
Category C (management & administration) - Consumer Price Index
This category is a straight forward use of an average of the California Consumer Price Index
(CPI) calculator, as reported by the California Department of Finance, for a 12 month period
following a fiscal year (July — June) to keep up with inflation on a yearly basis. The California
CPI calculation was an increase of 1.8%.
The calculation results in an increase of the Agricultural/Natural Habitat type Category C
(Management & Administration) component to be $1,689.55.
SJCOG, Inc. staff calculated the fees using the SJMSCP Financial Analysis formula model [FEE
= Category A (acquisition) + Category B (assessment & enhancement) + Category C
(management & admin)] which is shown in Table 1-8 and final fee table in attachment 2. The
overall result in the calculations was a slight decrease in the fees from the 2010 to the 2011
shown in the table below.
2011 SJMSCP Development Fees
Open Space
$4,288.02
$1,498.44
$844.78
$6,631.23
$6,631
AG/Natural
$8,576.04
$2,996.88
$1,689.55
$13,262.47
$13,262
Vernal Pool
(grasslands)
$31,580.64
$564.36
$6,183.02
$38,328.02
$38,328
Vernal Pool
(wetted)
$31,580.64
$39,956.00
$6,183.02
$77,719.66
$77,720
2010 SJMSCP Development Fees
Open Space
$5,005.55
$1,471.94
$829.84
$7,307.34
$7,307
AGINatural
$10,011.11
$2,943.89
$1,659.68
$14,614.67
$14,615
Vernal Pool (grasslands)
$35,442.51
$554.38
$6,073.69
$42,070.59
$429071
Vernal Pool (wetted)
$35,442.51
$39,249.51
$6,073.69
$80,765.72
$809766
During the August 2010 HTAC, the HTAC approved the recommendation to the SJCOG, Inc.
Board for approval of the 2011 SJMSCP Development Fees and allowing SJCOG, Inc. staff to
assist the local jurisdictions in adoption of the habitat fees.
RECOMMENDATION:
Staff recommends the SJCOG, Inc. Board approve the 2011 SJMSCP Development Fees as
Adjusted Pursuant to Land Sale Comparables and Consumer Price Index and direct staff to work
with local jurisdictions in adopting the current fee.
Prepared by: Steve Mayo, Senior Habitat Planner
M.•ISTAFFRPT12010AugustlBoard12011 SJMSCP Development Fees
Ann Johnston
CHAIR
Chuck Winn
VICECHAIR
Andrew T. Chesley
IPRFSIDENT
Member Agencies
CITIES OF
ESCALON,
LATHROP,
LODI,
MANTECA,
WON,
SFOCKTON,
TRACY,
AND
THE COUNTY OF
SAN JOAQUIN
SJCOG, Inc.
555 East Weber Avenue • Stockton, CA 95202
(209) 235-0600 9 FAX (209) 235-0438
San Joaquin County Multi -Species Habitat Conservation &
Open Space Plan (SJMSCP)
2011 Ubdated Habitat Fees*
* Effective January 1, 2011 — December 31, 2011
2011 Endowment Fees with In -lieu Land**
Agricultural Habitat Lands
$2,996.88
$1,689.55
$4,686.43
Natural Lands
$2,996.88
$1,689.55
$4,686.43
Vernal Pool Habitat
Vernal Pool Grasslands
$564.36
$6,183.02
$6,747.38
Vernal Pool Wetted
$39,956.00
$6,183.02
$46,139.02
** Effective January 1, 2011 — December 31, 2011 in lieu of fees to be used as the endowment for the
dedicated land preserves (Category B + Q
VELB Mitigation
A special fee category shall apply when removal of elderberries occurs. The fee shall be paid to
SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as
established in the VELB Conservation Fund Account managed by the Center for Natural Lands
Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in
diameter at ground level which is removed). Fees shall be established by the JPA during
preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be
completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or
stem removal, whichever comes first.
Inn y Hmsen
CHAIR
Ann Johnston
VICEC AIR
Andrew T. Chesley
(PRESIDENT
Member Agencies
CICIESOF
FSCALON,
LATHROP,
LOM,
MANTECA,
RIPON,
SPOCKTON,
TRACY,
AND
THECOUNTYOF
SAN JOAQURV
S JC0G,Inc.
555 East Weber Avenue • Stockton, CA 95202
(209) 468-3913 9 FAX (209) 468-1084
San Joaquin County Multi -Species Habitat Conservation &
Open Space Plan (SJMSCP)
2010 Ubdated Habitat Fees*
* Effective January 1, 2010 — December 31, 2010
2010 Endowment Fees with In -lieu Land**
Agricultural Habitat Lands
$2,943.89
$1,65968
$4,603.57
Natural Lands
$2,943.89
$1,65968
$4,603.57
Vernal Pool Habitat
Vernal Pool Grasslands
$554.38
$6,073.69
$6,628.07
Vernal Pool Wetted
$39,249.51
$6,073.69
$45,323.20
** Effective January 1, 2010 — December 31, 2010 in lieu of fees to be used as the endowment
for the preserve (Category B & C)
RESOLUTION NO. 2010-200
A RESOLUTION OF THE LODI CITY COUNCIL
AMENDING THE SAN JOAQUIN COUNTY MULTI -
SPECIES HABITAT CONSERVATION AND OPEN
SPACE PLAN DEVELOPMENT FEE
-------------------------------------------------------------------
-------------------------------------------------------------------
WHEREAS, the City Council of the City of Lodi adopted an ordinance
establishing the authority for collection of a Development Fee for the San Joaquin
County Multi -Species Habitat Conservation and Open Space Plan (SJMSCP) for all new
developments pursuant to the SJMSCP within the City of Lodi; and
WHEREAS, a "Fee Study" dated July 16, 2001, was prepared, which analyzed
and identified the costs, funding, and cost -benefit of the San Joaquin County Multi -
Species Habitat Conservation and Open Space Plan; and
WHEREAS, the purpose of the SJMSCP Development Fee is to finance the
goals and objectives of the SJMSCP that include, but are not limited to, preserve land
acquisition, preserve enhancement, land management, and administration that
compensate for such lands lost as a result of future development in the City of Lodi and
in San Joaquin County; and
WHEREAS, after considering the Fee Study and the testimony received at the
public hearing, the Lodi City Council approved said report; and further found that the
future development in the City of Lodi will need to compensate cumulative impacts to
threatened, endangered, rare, and unlisted SJMSCP Covered Species and other wildlife
and compensation for some non -wildlife related impacts to recreation, agriculture, scenic
values and other beneficial Open Space uses; and
WHEREAS, an, "Updated Fee Study" dated November 2, 2006, was prepared,
which analyzed and identified the costs, funding, and indexing of the SJMSCP; and
WHEREAS, the SJMSCP Development Fees are divided into three categories:
vernal pool habitat, natural land and agricultural habitat land, and multi-purpose open
space conversion; and
WHEREAS, the SJMSCP Development Fees for these three categories will be
decreased consistent with the Updated Fee Study findings for the year 2011. A table
illustrating the Development Fee decreases for the three categories of land is attached
hereto as Exhibit "A";and
WHEREAS, to ensure that the SJMSCP development fees keep pace with
inflation, annual adjustments, based on the method set forth in this resolution, shall be
made to the fees annually; and
WHEREAS, the Updated Fee Study with the SJMSCP and the fee amendment
were available for public inspection and review in the office of the City Clerk for more
than ten days prior to the date of this Public Hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
follows:
1. The City Council finds and declares that the purposes and uses of the
Development Fee, and the determination of the reasonable relationship between
the fees' uses and the type of development project on which the fees are
imposed, are all established in Ordinance 1701, and remain valid, and the City
Council therefore adopts such determinations.
2. The City Council finds and declares that since adoption of Ordinance 1701, the
cost of land has decreased in San Joaquin County; and that in order to maintain
the reasonable relationship established by Ordinance 1701, it is necessary to
decrease the Development Fee for the San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan.
3. The Development Fee for natural lands, agricultural land, vernal pool habitat and
multi-purpose open space conversion shall be consistent with the table identified
in Exhibit Aand attached hereto.
4. The Fee provided in this resolution shall be effective on January 1, 2011
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED that the Lodi City
Council hereby approves the proposed Habitat Conservation and Open Space fee
adjustment as shown on ExhibitA attached.
Dated: November 17, 2010
------------------------------------
------------------------------------
I hereby certify that Resolution No. 2010-200 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 17, 2010, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
OIJOH�L
City Clerk
2010-200
Ann Johnston
CHAIR
ChuckWinn
VICECHAIR
Andrew T. Chakey
1PRESIDEM'
Mend er Agendes
CITMSOF
ESCALON.
LATHROP,
LODL
MANTSCA.
RIPON,
SIOCKTON,
TRACY,
AND
THECOUNTYOF
SANIOAQUIN
EXHIBIT A
SJCOG, Inc.
555 East Weber Avenue • Stockton, CA 95202
(209) 235-0600 • FAX (209) 235-0438
San Joaquin County Multi-SpeciesHabitat Conservation &
Open Space Plan (SJMSM
� � T T 7 1 7 TT 7 • A A T -9-
2011 Endowment Fees with In -lieu Land**
dedicated land preserves (Category B + C)
VELB Mitigation
A special fee category shall apply when removal of elderberries occurs. The fee shall be paid to
SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as
established in the VELB Conservation Fund Account managed by the Center for Natural Lands
Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in
diameter at ground level which is removed). Fees shall be established by the JPA during
preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be
completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or
stem removal, whichever comes first.
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION
SETTING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT
CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEES FOR
2011
PUBLISH DATE: SATURDAY, NOVEMBER 6,2010
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: RAND] JOHL, CITY CLERK
LNS ACCT. #0510052 City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, NOVEMBER4,2010
ORDERED BY: RANDI JOHL
CITY CLERK
fiNIFER OBISON. CMC
SISTANT CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Faxed -to the, Sentinel at 369 -1084 -,at- (time) on -- (date) (pages)-
LNS Phoned to confirm receipt of all pages at (time) JMR CF MB (initials)
formAadvins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTION SETTING THE
SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN
SPACE PLAN DEVELOPMENT FEES FOR 2011
On Friday, November 5, 2010, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to consider adoption of resolution setting the San Joaquin
County Multi -Species Habitat Conservation and Open Space Plan developmentfees for
2011 (attached and marked as Exhibit A) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
declare under penalty of perjury that the foregoing is true and correct.
Executed on November 5, 2010, at Lodi, California.
JUNIFER M ROBISON, CMC
ASSISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOSTCDD-DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
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Date:
Carnegie Forum
305 West Pine Street, Lodi Time:
November 17,2010
7:00 p.m.
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NOTICE OF PUBLIC HEARING
NOTICE S HEREBY GIVEN that on Wednesday, November 17, 2010, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Adoption of resolution setting the San Joaquin County Multi -
Species Habitat Conservation and Open Space Plan development
fees for 2011.
Information regarding this item may be obtained in the Community Development
Department, 221 West Pine Street, Lodi, (209) 333-6711. All interested persons are
invited to present their views and comments on this matter. Written statements may be
filed with the City Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any
time prior to the hearing scheduled herein, and oral statements may be made at said
hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
13y a of the Lodi City Council:
R
City Clerk
Dated: November 3,2010
Approved as to form:
D. Stephen �Schwa�baue�r
City Attorney
CLERK\PUBHEAR\NOTICES\NOTCDD.DOC 11/3/10