HomeMy WebLinkAboutAgenda Report - November 2, 2011 G-01 PHAGENDA ITEM r2
-1
CITY OF LODI
,. COUNCIL COMMUNICATION
TM
AGENDA TITLE: 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 2012
MEETING DATE: November 2, 2011
PREPARED BY: Community Development Department
RECOMMENDEDACTION: 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 2012.
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 property with non-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. Utilizingthis
formula, the SJCOG has established a new fee schedule for 2012 (attachment). For 2012, the per acre
fees for all categories of habitat land have increased. Open Space lands have increased from $6,631 to
$7,195 (by 8.15 percent). Agriculture and Natural lands (the two largest categories) have increased by
8.37 percentfrom $13,262 to $14,372. Fees for Vernal Pool (grasslands) habitat lands increased by 8.36
percent from $38,328 to $41,534 and Vernal Pool (wetted lands) increased by 5.49 percentfrom $77,720
to $81,989. An explanation of the analysis methodology is included in the SJCOG staff report
(attachment).
On Thursday, September 22, 2011, The SJCOG Board unanimously approved the attached HCP fee
schedule for 2012. All local jurisdictions are now being asked to adopt the new fee schedule that will
take effect on January 1,2012. These new developmentfee changes will take effect on January 1,2012
and expire December 31, 2012. The fees will be paid by land owners who develop their property with
projects that are subject to the fees.
APPROVED: r A
Konradt Bartlam, City Manager
Habitat Fees
Page 2 of 2
FISCAL IMPACT: Not Applicable
FUNDING AVAILABLE: Not Applicable
Konra t ardam
Community Development Director
KB/IB/kjc
Attachments:
1) SJ COG Staff Reportw/Fee Analysis Update summary
J1Community Development\Council Communications\2011\11-02 PH HabitatFee.doc
09/2011
SJCOG, Inc.
Staff Report
SUBJECT: 2012 SJMSCP Development Fees
RECOMMENDED ACTION: Motion to Approve the 2012 SJMSCP
Development Fees as Adjusted Pursuant to
Land Sale Comparables and Consumer Price
Index
SUMMARY:
In accordance with the SJMSCP and the new financial analysis model adopted by the SJCOG,
Inc. Board mid -2011 for current and future fee updates, SJCOG, Inc. staff shall notify each local
jurisdiction regarding proposed annual adjustments to the SJMSCP development fees. 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.
The result was an increase in the fees from 2011 to 2012 shown in the table land 2 below.
i aaie i - LuiL Lwivia&:r
Leveio
mens r ees
Open Space
$4,770.60
$1,538.90 $885.03 $7,194.54 $7,195
AG/Natural
$9,541.21
$3,077.79
$1,752.62
$14,371.62
$14,372
Vernal Pool
$31,580.64
$564.36
$6,183.02
$38,328.02
$38,328
(grasslands)
$34,587.00
$579.60
$6,367.41
$41,534.01
$41,534
Vernal Pool
(wetted)
$34,587.00
$41,034.82
$6,367.41
$81,989.22
$81,989
Table 2 - 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
1 $39,95600
$6,183.02
$77,719.66
1 $77,720
Projects which participate under the SJMSCP benefit from a pre -determined streamlined
processing of the project rather than navigating through a very long and cumbersome regulatory
process led by local jurisdiction staff outside the habitat plan. By opting for participation, the
project can choose any number of ways to provide mitigation for the impacts of the project
through the plan:
1. Pay a fee;
2. Redesign the project to avoid/minimize impacts;
3. Provide land in lieu of the SJMSCP fee which the project will negotiate the
easement/fee title costs; or
4. Any combination of the above options.
Or, the project proponent can chose to not participate in the plan and fulfill mitigation
requirements on their own with both permitting agencies.
DISCUSSION:
Establishing a development fee for the habitat plan has challenges which are as unique as the
habitat plan itself. In 2005, after four years of plan implementation, SJCOG, Inc. determined the
fee established under the original financial model was inadequate to support the program. A new
financial analysis was undertaken to determine what the fee should be to keep the plan viable
and, further, to provide criteria for annually updating the fee. The goal was to establish the fee
and an update mechanism that would give SJCOG, Inc, the permit holders (cities and county),
and project proponents a stable methodology that would accurately reflect easement market
conditions.
Based upon the 2006 Financial Analysis, to establish the SJMSCP fee for each year, SJCOG,
Inc. staff pulls comparable agricultural land sales within San Joaquin County which fit the
adopted criteria by the SJCOG, Inc. Board from as many sources (i.e. title companies, Multiple
Listing Service- MLS, etc.) as possible to develop a good sampling. The purpose of the
sampling of comparable land sales fitting the criteria is to identify actual land trends of fee title
land purchases. Fee title price sets the primary component of the SJMSCP fee, easement
acquisition costs, which represent lands that could be used as mitigation under the habitat plan.
The established 2006 Financial Analysis process to collect the comparables uses a minimum of
10 land sales fitting the criteria that have transacted within the past 2 -year window. If there are
not the 10 minimum comparables, the window is expanded in 6 -month blocks until 10 are
reached.
There is an inherent issue in the use of available information through public records of land sale
comparables. It is quite volatile from year to year as shown in Table 3 below of the SJMSCP
fees from 2007 to current. The volatility and fluctuation of the fees is primarily a result of the
acquisition component of the fee. Whether the volatility comes from the agricultural crop
market, speculation of rights, or availability of land, the SJMSCP fees have fluctuated up and
down over the years.
Table 3 — History of SJMSCP Fees since the 2007 Financial Analysis Update
Multi-purpose
$6, 511
$6,165
$7,052
$7,307
$6,631
A riculture
$13,022
$12, 329
$14,104
$14,615
$13,262
Natural
$13,022
$12,329
$14,104
$14,615
$13,262
Vernal Pool
wetted
$69,858
wetted
$71,125
wetted
$78,353
wetted
$80,760
wetted
$77,720
wetted
Vernal Pool
(upland)
$34,958
(upland)
$35,143
(upland)
$40,565
(upland)
$42,071
(upland)
$38,328
(upland)
To compound the matter, state law allows parties completing the transactions the option to not
disclose the final transaction costs in public records. When the costs are not disclosed, staff
cannot calculate any components of the sale, therefore the transaction is automatically omitted
from the process which skews the available sample size. The results of a small sample size of
qualified land comparables within the 2 -year period can mean a large swing in the fee from year
to year.
SJCOG, Inc. staff recognizes the issue and is continuing to work with the HTAC Financial
Subcommittee on the matter for resolution in the future years.
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 2006 Financial Analysis Update created by EPS and
recently updated in mid -2011 by the Habitat Technical Advisory Financial Sub -Committee and
SJCOG, Inc. approval. 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:
I . 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 an increase to the Agricultural/Natural Habitat type of Category A
(acquisition) component to be $9,541.21.
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 2.7%.
The calculation results in an increase of the Agricultural/Natural Habitat type Category B
(Assessment & Enhancement) component to be $3,077.79.
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 2.7%.
The calculation results in an increase of the Agricultural/Natural Habitat type Category C
(Management & Administration) component to be $1,752.62.
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 an increase in the fees from the 2011 to the 2012 shown in
the table below.
2012 SJMSCP Development Fees
Open Space
$4,770.60
$1,538.90
$885.03
$7,194.54
$7,195
AG/Natural
$9,541.21
$3,077.79
$1,752.62
$14,371.62
$14,372
Vernal Pool
(grasslands)
$34,587.00
$579.60
$6,367.41
$41,534.01
$41,534
Vernal Pool
(wetted)
$34,587.00
$41,034.82
$6,367.41
$81,989.22
$81,989
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
The SJMSCP process allows projects which participate under the county -wide habitat plan to
realize pre -determined streamlined processing of the project through an otherwise cumbersome
regulatory process in a much shorter period of time and cost then navigating outside the plan. By
opting for participation and realizing the benefits of the SJMSCP, the project can choose any
number of ways to mitigate the impacts of the project through the plan. The SJMSCP allows
projects to chose one or multiple mitigation options like simply pay a fee, redesign the project to
avoid/minimize impacts, provide land in lieu of the SJMSCP fee which the project will negotiate
the costs on their own, or a combination of the options.
After discussion at the September 2011 HTAC meeting, the HTAC committee recommended
approval by SJCOG, Inc. Board to adopt the 2012 SJMSCP Development Fees under the habitat
plan by a 7-2 vote (BIA and City of Lodi opposing).
RECOMMENDATION:
Staff recommends the SJCOG, Inc. Board adopt the 2012 SJMSCP Development Fees.
Prepared by: Steve Mayo, Senior Habitat Planner
M: I STAFFRPT120111 September I Board 12012 SJMSCP Development Fees
Attachment 1-SIMSCP Comparable Land Sales
Table A. Central Zone Properties
Address APN Zone Sale Date Price Acres Price/Acre Hab Type Appreciated Price Appreciated Price/Acre
Prior46
16475 Brennan Rd, Escalon, CA
229-050-09
Central
08/21/2009
$2,000,000.00
79.71
$25,090.95 C34
$2,223,666.67
$27,896.96
Prior 4
11386 Liberty Rd, Galt, CA
007-130-17
Central
10/05/2009
$645,000.00
73.04
$8,830.78 G
$710,575.00
$9,728.57
Prior 54
29043 S. Lehman Rd, Tracy, CA
253-330-11
CSW
10/30/2009
$556,000.00
40.07
$13,875.72 C34
$612,526.67
$15,286.42
Prior 13
25000 N. Mackville Rd, Clements, CA
021-150-24
Central
02/18/2010
$900,000.00
105.29
$8,547.82 G
$973,200.00
$9,243.04
Prior 28
12312 N. Tully Rd, Lodi, CA
065-040-42
Central
05/12/2010
$260,000.00
40.14
$6,477.33 C34
$277,181.67
$6,905.37
ORT 178
12005 S Austin Road, Manteca, CA
201-070-04
Central
10/27/2010
$480,000.00
40.00
$12,000.00 C34
$499,520.00
$12,488.00
ORT 211
3300 W Tredway Rd, Lodi, CA
055-180-03
Central
12/30/2010
$697,000.00
60.00
$11,616.67 C34
$718,258.50
$11,970.98
Address
APN
Zone
Sale Date
Price
Acres
Price/Acre
Hab Type
Appreciated Price
Appreciatedd Price/Acre
ORT 164
18550 W Corral Hollow Rd, Tracy, CA
263-200-17
* S1COG, Inc. Preserves
08/06/2010
$180,000.00
TOTAL
$5,538,000.001
438.251
$12,636.62
$6,014,928.501
$13,724.88
Caffese Trust / Leventini
Table B. Delta Properties
10/17/2003
$550,000.00
179.91
$3,057.08
C34
$676,500.00
$3,760.21
RurupTrust /Supprenant
Delta
01/09/2004
Address
APN
Zone
Sale Date
Price
Acres
Price/Acre
Hab Type
Appreciated Price
Appreciatedd Price/Acre
Prior 9
20207 Van Exel Rd, Lodi, CA
011-100-11
Delta
1 07/29/2009
$420,000.00
43.50
$9,655.17
C34
$469,105.00
$10,784.02
Prior4l
116321 Wing Levee Rd, Stockton, CA
189-230-16
IDelta
1 10/07/2009
$575,000.00
51.98
$11,061.95
C34
$633,458.33
$12,186.58
Prior 40
114646 W. Fink Rd, Tracy, CA
189-050-30
IDelta
1 06/19/2010
$1,156,000.00
166.63
$6,937.53
C34
$1,226,516.00
$7,360.72
TOTAL
$5,399,000.00
1,669.51
TOTAL
$2,151,000.00
262.11
$8,206.48
$2,329,079.33
$8,885.89
Table C. Southwest Zone Properties
Address
APN
Zone
Sale Date
Price
Acres
Price/Acre
Hab Type
Appreciated Price
Appreciatedd Price/Acre
ORT 164
18550 W Corral Hollow Rd, Tracy, CA
263-200-17
SW
08/06/2010
$180,000.00
240
$750.00
BCN2
$180,000.00
$750.00
Ruston Caldwell 210*
1
1SW
1 06/01/20101
$174,930.001
210
$833.00G
$174,930.00
$833.00
Cubiburu*
I
1SW
1 03/02/20111
$600,000.001
6001
$1,000.00G
$600,000.00
$1,000.00
* S1COG, Inc. Preserves
TOTAL
$774,930.00
810
$956.701
$774,930.00
956.70
Table D. Encumbered Properties*
Add--
APN
7nn.
Sal. n.t.
PH-
Acres
Prir./Arra
Mwh T.—
Annr.riat.d Prirp
Annrpriatpdd Prirp/Arra
Caffese Trust / Leventini
Delta
10/17/2003
$550,000.00
179.91
$3,057.08
C34
$676,500.00
$3,760.21
RurupTrust /Supprenant
Delta
01/09/2004
$425,000.00
195
$2,179.49
C34
$519,562.50
$2,664.42
Hammer Trust /Morais
Delta
06/25/2004
$854,000.00
388.89
$2,195.99
C34
$1,033,340.00
$2,657.15
Nature Conservancy
Delta
07/22/2004
$658,000.00
328.8
$2,001.22
C34
$794,535.00
$2,416.47
Heritage Land Co./ Olagaray Bros PTF
Delta
04/13/2005
$712,000.00
215.64
$3,301.80
C34
$843,720.00
$3,912.63
Wing Levee Propety**
Delta
11/09/2007
$2,200,000.00
361.27
$6,089.63
C34
$2,436,500.00
$6,744.26
** S1COG, Inc. Preserve
TOTAL
$5,399,000.00
1,669.51
$3,233.88
$6,304,157.50
$3,776.05
1D comparables regwre0 Tor study
Attachment 2 - SJMSCP Fee Model
2012 Fees
Acquisition Costs
Assessment &
Enhancement
Management and
Administration
Total
Total Rounded
Other Open Space
$4,770.60
$1,538.90
$885.03
$7,194.54
$7,195
Natural/Ag Lands
$9,541.21
$3,077.79
$1,752.62
$14,371.62
$14,372
Vernal Pool Grasslands
$34,587.00
$579.60
$6,367.41
$41,534.01
$41,534
Vernal Pool Wetted
$34,587.001
$41,034.821
$6,367.411
$81,989.221
$81,989
Calculations:
Table 1 Per -Acre Land Value Summary
SJMSCP 2012 Fee Evaluation
Land Use Central Zone
Primary Zone of the Delta
Southwest Zone***
Fee Title a* $13,725
$8,886
$2,448
Row Crops/Grazing b** $3,776
$3,526
$500
Easement Costs a -b $9,949
$5,360
$1,000
*based off of 7/01/07-6/30/09 Applicable Ag Sale Comparables (Table A & B)
than that of the Central Zone Based on lower market rents for row crop land.
***based on standard easement cost of Southwest Zone of $1,000/ac.
Table2 Per Acre Acquisition Cost Summary
SJMSCP 2012 Fee Evaluation
Land Use Category
Central Zone
A
SJMSCP Zone
Primary Zone of the Delta
B
Southwest Zone
C
Total Weighted
Acquisition Cost
A+B+C
Easement Cost by Zone (1)
d
$9,949
$5,360
$1,000
Natural Lands
Riparian
Percent in Zone (2)
a
89%
11%
0%
Weighted Costs (3)
d*e
$8,854.61
$589.60
$0.00
$9,444.21
Delta Submerged Aquatic
Percent in Zone (2)
f
0%
100%
0%
Weighted Costs (3)
d*f
$0
$5,360
$0
$5,360
Other Water's Edge
Percent in Zone (2)
g
100%
0%
0%
Weighted Costs (3)
d*g
$9,949
$0
$0
$9,949
Southwest Grasslands
Percent in Zone (2)
h
0%
0%
100%
Weighted Costs (3)
d*h
$0
$0
$1,000
$1,000
Vernal Pool Wetted (4)
n/a
n/a
n/a
$10,980
Vernal Pool Grasslands (4)
n/a
n/a
n/a
$10,980
Agricultural Lands
Percent in Zone (2)
i
97%
3%
0%
Attachment 2 - SJMSCP Fee Model
Weighted Costs (3) d*i 1 $9,650.531 $160.801 $0.001 $9,811.33
(1) See Table 2.
(2) Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis
grasslands.
(4) Assumes fee title acquisition for vernal pool lands. Vernal pools fee title land costs assumed to be about 80% of average Central Zone fee title costs.
Table 3 Total Acquisition Costs
SJMSCP 2012 Fee Evaluation
Preserve Types
Cost per Acre (1)
Transaction Costs (2)
5%
Total Land Acquisition
Costs
Agricultural Lands
$9,811.33
$490.57
$10,301.90
Natural Lands
$593,749,804.78
Natual Lands
Riparian
$9,444.21
$472.21
$9,916.42
Delta Submerged Aquatic
$5,360.00
$268.00
$5,628.00
Other Water's Edge
$9,949.00
$497.45
$10,446.45
Southwest Grasslands
$1,000.00
$50.00
$1,050.00
Vernal Pool Wetted
$10,980.00
$549.00
$11,529.00
Vernal Pool Grasslands
$10,980.00
$549.00
$11,529.00
(1) See Table 3. Assumes easement purchases in all cases except fee title purchases for vernal pool lands.
(2) Transaction costs include biological baseline, apprasial, escrow, and survey costs.
Table 4 Total Per -Acre Costs
SJMSCP 2021 Fee Evaluation
Preserve Type
Land Acquisition
% of Total Preserve
Lands
Total Preserve Acres
Total Costs of
Acquisition
Agricultural Lands
$10,301.90
57%
57,635
$593,749,804.78
Natual Lands
Riparian
$9,916.42
19%
19,185
$190,246,527.29
Delta
$5,628.00
0%
10
$56,280.00
Other Water's Edge
$10,446.45
2%
1,584
$16,547,176.80
Southwest Grasslands
$1,050.00
4%
4,146
$4,353,300.00
Average of Natural/Ag Lands
$9,749.92
82%
82,560
$804,953,088.87
Vernal Pool Wetted
$11,529.00
2%
354
$4,081,266.00
Vernal Pool Grasslands
$11,529.00
16%
17328
$199,774,512.00
Table 5 Total Preserve Costs, Breakdown by Category
Attachment 2 - SJMSCP Fee Model
SJMSCP 2012 Fee Evaluation
Preserve Type
Total Preserve Acres
Acquisition Costs
Per Acre Total
Vernal Pool Wetted
2,121
$11,529.00 $24,453,009.00
Vernal Pool Grasslands
15,561
$11,529.00 $179,402,769.00
Nat/Ag Lands
82,860
$9,749.92 $807,878,063.76
Total
100,5421
$1,011,733,841.76
Table 6 Vernal Pool Surface and Grasslands /Acquisition Component
SJMSCP 2012 Fee Evaluation
Preserve Type
Acres Converted Acquisition Costs
Vernal Pool Wetted
707
Total Cost
$24,453,009.00
Fee per Acre
$34,587.00
Vernal Pool Grasslands
5,187
Total Cost
$179,402,769.00
Fee per Acre
$34,587.00
Table 7 Nat/Ag Land and Open Space/Acgisition Component
SJMSCP 2012 Fee Evaluation
Table 8 Cat B & C Fee Component Calcs
SJMSCP 2012 Fee Evaluation Cal CPI 2.70%
Land Acquisition
Management and
Adminstration
Preserve Type
Land Acqusition
Transaction
Total
Cost associated with Nat/Ag Lands Conversion
$767,484,160.57
$40,393,903.19
$807,878,063.76
Nat/Ag Land Conversion
65,940
65,940
65,940
Other Open Space Conversion
37,465
37,465
37,465
Multiplier for Nat/Ag Land Conversion
1
1
1
Multiplier for Other Open Space
0.51
0.5
0.5
Land Acquisition Component of Nat/Ag Lands Fee
$9,064.151
$477.06
$9,541.21
Table 8 Cat B & C Fee Component Calcs
SJMSCP 2012 Fee Evaluation Cal CPI 2.70%
$17.45 per acre added to Cat C in 2012 only
Assessment &
Enhancement
Management and
Adminstration
Fee
% of Land Preser. B
C
Other Open Space
$1,538.90
$885.03
Natural/Ag Lands
82% $3,077.79
$1,752.62
Vernal Pool Grasslands
16% $579.60
$6,367.41
Vernal Pool Wetted
2% $41,034.82
$6,367.41
$17.45 per acre added to Cat C in 2012 only
RESOLUTION NO. 2011-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI AMENDING THE SAN JOAQUIN COUNTY MULTI -
SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN
DEVELOPMENT FEE SCHEDULE
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 end
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
1707, and remain valid, and the City Council therefore adopts such determinations.
2. The City Council finds and declares that since adoption of Ordinance 1707, the cost of
land has decreased in San Joaquin County; and that in order to maintain the reasonable
relationship established by Ordinance 1707, it is necessaryto 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" A
and attached hereto.
4. The Fee provided in this resolution shall be effective on January 1, 2012.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED that the City of Lodi City
Council does hereby approve the proposed Habitat Conservation and Open Space fee
adjustment.
Dated: November 2, 2011
hereby certify that Resolution No. 2011-174 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 2, 2011, by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Katzakian, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS—None
ABSENT: COUNCIL MEMBERS—None
ABSTAIN: COUNCIL MEMBERS— None
RA OHL
City Clerk
2011-174
OW&MM
CHM
KenVogel
VICECHAIR
Andrew T. Chesley
1PRESmENT
MemberAgendes
C n3OF
ESCALON,
LATHROP,
LOD[
MAN1TiCA,
RNON,
SIOCKION.
TRACY,
AND
THECOUNTYOF
SAN PAQM
EXHIBIT A
SJCOG, Inc.
555 East Weber Avenue a Stockton, CA 95202 a (209) 235-0600 a FAX (209) 235-0438
San Joaquin CountyMulti-Species Habitat Conservation &
Open Space Plan (SJMSCP)
A A.4A T T 7 1 7 TT 7 •, 1 T _/_
2012 Endowment Fees with In -lieu Land"
dedicated lend preserves (Category B + C)
VELB Mitigation
A special fee category shall apply when removal of elderberries oaurs. 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 Iacris
Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 111 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.
OF 4
0�ry
Please immediately confirm receipt
cf thisfax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
SETTING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT
CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEES FOR
2012
PUBLISH DATE: SATURDAY, OCTOBER 22,2011
TEAR SHEETS WANTED: One (1) please
SENDAFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
LNS ACCT. #0510052 City cf Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, OCTOBER 20,201 1
ORDERED BY: RANDI JOHL
CITY CLERK
J NIFER M ROBISON, CMC
A SISTANT CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
formAadvins.doc
xc_
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION SETTING THE
SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN
SPACE PLAN DEVELOPMENT FEES FOR 2012
On Thursday, October 20, 2011, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to consider adoption of a resolution setting the San Joaquin
County Multi -Species Habitat Conservation and Open Space Plan Development Fees
for 2012 (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
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 20, 2011, at Lodi, California.
J NIFER ROBISON CMC
, SISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOSTCDD.DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
• CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: November 2,2011
Time: 7:00 p.m.
PO
For information regarding this notice please contact:
Rand! Johl
City Clerk
Telephone: (209) 333-6702
K OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, .November 2, 2011, 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 a resolution setting the San Joaquin County Multi -
Species Habitat Conservation and Open Space Plan
Development Fees for 2012.
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.
Porder of the Lodi City Council:
ohl
City Clerk
Dated. October 19, 2011
Approved as to form:
D. Stephen Schwabauer
City Attorney
CLERK\PUSHEAR\NOTICES\NOTCDD.DOC 10/19/11