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HomeMy WebLinkAboutAgenda Report - November 2, 1988 (48)COUNCIL COMMUNICATION TO: THE CITY COUNCIL COUNCIL MEETING DATE FROM: THE CITY HANAGER'S OFFICE NOVEMBER 2, 1988 SUBJECT: CONSIDER ADOPTION OF STATE -MANDATED ORDINANCE AND RESOLUTION ESTABLISHING STANDARDS AivD PROCEDURES FOR IMPOSITION, COLLECTION AND EXPENIII TURE OF DEVELOPERS' FEES (AB1600) PREPARED BY: City Attorney RECOMMENDED ACTION: That Council adopt the attached ordinance and resolution mandated by State statute, addressing collection, retention and utilization of developers' fees. BACKGROUND INFORMATION: A Council i s aware, the State Legislature, pursuant to AB1600 and i t s companion bill SB372, has mandated that local government adopt provisions for the establishment of procedures establishing a "nexus" between development fees imposed and the needs generated by the development upon which such fees are imposed, as well as set up certain segregated accounts for the deposit and retention of funds. The attached resolution and ordinance carry out these mandates. The ordinance itself establishes the Master Storm Drainage Fee (the only development fee presently in place in the City), limits the use of fee revenues, and establishes a mechanism for fee adjustments. The resolution provides necessary definitions, sets the fee itself, and provides for fee reviews. The State statute reyuires the City to have these provisions in place nct later than January 1, 1989. The format utilized in the attached draft ordinance and resolution is based on a model developed by the League of California Cities legal staff, and modified to meet local needs. ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL ESTABLISHING A STORM DDRAINAGE FEF FOR DEVELOPMENTS WITHIN THE CITY OF LOOI BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. PURPOSE. In order to implement the goals and objectives of the City of Lodi's General Plan, and to mitigate the impacts upon the drainage system of the City caused by future development, certain public drainage improvements or facilities must be or have been required to be constructed. The Lodi City Council has determined that a development impact fee is necessary and There is her�t)y t.stabiisned. upon issuance of all building, use or occupancy permits and subdivision maps for development in the City of Lodi, a Storm Drainage Fee. This fee is established to pay foi- public drainage -improvements. The City Council shall, in a Council resolution adopted after a duly noticed public hearing, set forth the specific amount of the fee, describe the benefit, list the specific municipally -owned improvements to be financed, describe the estimated cost of these facilities, describe the reasonable relationship between this fee and the various types of rxv developments, and set forth the time for payment. A described in the fee resolution, this development fee shall be paid by each developer as specified in Government Code §53077.5, referring to time of collection. On an annual Iasis, the City Council shall review this fee to determine whether the fee amounts'-. are reasonably related to the impacts of developments and whether the described public drainage facilities are still needed. Said Resolution and associated studies shall be available to the: general public for a period of at least fourteen days prior to the public hearing. (a) Pay for the City's future construction of drainage facilities described in the resolutions enacted pursuant to Section 2 above, or to reimburse the City for those described or listed facilities constructed by the City with funds advanced by the City from other sources, or; (b) Reimburse developers who have been required or permitted by Section 4 hereunder to install such listed facilities which are oversized, with supplemental size, length, or capacity. (c'/ To pay for and/or reimburse costs of program development and ongoing administration of the fee program for such public facilities. SECTION C. DEVELOPER CONSTRUCTION OF FACILITIES. Whenever a developer i E required, as a condition subdivision map or development permit, to construct SECTION 5. APPEALS Any appeal' from the imposition of fees under this ordinance shall be done in substantial conformance with the procedures found in Lodi Municipal Code § 13.12.590. SECTION 6. EFRUME DATE OF FEE This ordinance was adopted at a noticed public hearing, at which time the City Council also considered the initial development impact fee resolution. This fee shall. apply to the issuance of any building, use or occupancy permit, or for any development approval issued after thirty days following this_ ordinance's passage. -S ECT I01d 7. PUBLICATION State of California County of San Joaquin, ss. ?, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify that Orainance No. was introduced at a regular meeting of the City Council of the City of Lodi held and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held by the following vote: Ayes : Council Members - Noes: Council Members - Absent : Council Members - Abstain: Council Members - I further certify that Ordinance No. was approved and signed by the Mayor on the date of its passage and the same has been published pursuant t o law. -5- NOTICE OF PUBLIC HEARING BEFORE THE LODI CITY COUNCIL TO CONSIDER ADOPTION OF AN ORDINANCE AND RESOLUTION MANDATED BY STATE LAW (AB 1600) REQUIRING THE CITY OF LODI TO ADOPT REGULATIONS ESTABLISHING CERTAIN ACCOUNTING PROCEDURES FOR SETTING, COLLECTING, RETAINING, AND EXPENDING CERTAIN DEVELOPERS FEES, AND FOR ESTABLISHING A NEXUS BETWEEN SUCH FEES OR CHARGES AND THE NEEDS CREATED BY THE DEVELOPMENT ON WHICH SUCH FEES OR CHARGES ARE IMPOSED. NOTICE IS HEREBY GIVEN that on Wednesday, the 15th day of November 1988 at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the COLACil Chambers, City Hall, 221 West Pine Street, Lodi, California to consider the adoption of an ordinance and resolution mandated by State law (AB 1600-) requiring the City of Lodi to adopt regulations establishing certain accounting procedures for setting, collecting, retaining, and expending certain developers fees, and for establishing a nexus between sijch fees or charges and the needs created by the development on which such fees or charges are imposed. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said Public 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, Lodi, California, at or prior to the Public Hearing. By Order of the Lodi City Council. ,�:«o..'#i?' a,j.�`""} Mrs e ^mom*. ,n „""a n'F. s'•'ti..3 t' .:. a L �' 4n' rvr .� ..sn. •` a+�,�n��w:..,.>.,dre�`.a%��,�'.d.w-,.:',�.r::..�:,.-.. ,.rs>3...TM.-x•Y...�. ,., - "�.4."�:.�:� •.�.,,r.*fi��'�.a.. �tih. `'�•r. __ F�,Yrrr-_.,"_* .-tik^, t:� ..�_ ..... ...,_....�} ,..rte -rte .....