HomeMy WebLinkAboutAgenda Report - November 5, 2008 I-01 PHAGENDA ITEM t
AIM CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Conduct a Public Hearing to consider adootion of a Resolution amending the San
Joaquin County Multi -Species Habitat Conservation and Open Space Plan
Development Fees for 2009.
MEETING DATE: November5,2009
PREPARED BY: Community Development Department
RECOMMENDED ACTION: Conduct a Public Hearing to consider adoption of a 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 included a
schedule of fees to be paid by landowners who propose to develop their properties with non-agricultural
uses. These fees are used to mitigate the cumulative impacts of new development on habitat lands
within Lodi and the rest of San Joaquin County.
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 prepared a SJMSCP Financial Analysis
Update in 2006 that provided the justification for a significant fee increase in 2007. The Financial
Analysis Update 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 2009 (attachment). For 2009, the fees for all categories of habitat land have increased.
Open Space lands and Agriculture/Natural lands (the two largest categories) have increased 14.4%.
Fees for Vernal Pool habitat lands have increased 15.4% for Vernal Pool (grasslands) and 10.2% for
Vernal Pool (wetted lands). An explanation of the analysis methodology is included in the SJCOG staff
report (attachment).
On September 25, 2008 the SJCOG Board unanimously approved the 2009 HCP fees. All local
jurisdictions are now being asked to adopt the new fee schedule that will take effect on January 1, 2009.
Given that these development fee changes will take effect on January 1, 2009, it is essential that the City
adopt the new fees at the earliest possible date in order for the City to remain a participant in the Plan.
With the adoption of this fee schedule, the fee per acre will be $7,052 for Multi -Purpose Open Space
land; $14,104 for Natural and Agriculture land; and $40,565 for Grassland Vernal Pool land and $78,353
for Wetted Vernal Pool land. The fees will be paid by landowners covered by the Plan who develop their
propertieswith projects that are subject to the HCP fees.
APPROVED: i
ing, City Manager
For future fee revisions, staff is recommending that the City Council consider revising the language in the
City's Habitat Ordinance to permit an automaticfee adjustment based on the fee schedule recommended
by the SJCOG. This would allow the City to adopt the new fee schedule in a timely manner that would
not require a public hearing. This is often an issue because SJCOG adopts the fees late in the calendar
year and the new fees must be adopted by the cities and put into effect at the beginning of January. If
the City Council is interested in this change of procedure, staff can bring a suggested change in the
ordinance language back to the CC as a separate item at some later date. This would have no effect on
the recommended adoption of the 2009 fees.
FISCAL IMPACT: No fiscal impact on the City.
FUNDING AVAILABLE: None required
Rad moi, Interim Community Development Director
Attachments: 1) Staff Reportfrom SJCOGw/Fee Analysis Update summary
2) 2009 Fee schedule
R8ldmlkjc
9/2008
SJCOG, Inc.
Staff Report
SUBJECT: 2009 SJMSCP Development Fees
RECOMMENDED ACTION: Motion to Approve the 2009 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
in late 2006, 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 jurisdiction and would become effective on
January 1St of the subsequent year for projects using the SJMSCP.
2009 SJMSCP Development Fees
Open Space
$4,804.56
$1,437.45
$810.39
$7,052.10
$7,052
AG/Natural
$9,608.52
$2,874.89
$1,620.78
$14,104.19
$14,104
Vernal Pool
(grasslands)
$34,092.20
$541.39
$5,931.34
$40,564.93
$40,565
Vernal Pool
(wetted)
$34,092.20
$38,329.60
$5,931.34
$78,353.14
$78,353
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 (Tables A, B, C attached). The
final weighted cost per acre of each zone is calculated into a blended rate under Category A (acquisition)
figure for each habitat type (Tables A -D) in attachment 1.
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 30ffi 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 $9,608.52.
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 5.02%.
The calculation results in an increase of the Agricultural/Natural Habitat type Category B (Assessment &
Enhancement) component to be $2,874.89.
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 5.02%.
The calculation results in an increase of the Agricultural/Natural Habitat type Category C (Management
& Administration) component to be $1,620.78.
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 1-9 in attachment 2. The overall result in the calculations was an
increase in the fees from the 2008 to the 2009 shown in the table below.
1009 SJMSCP Development
Fees
Open Space
$4,804.56 $1,437.45 $810.39 $7,052.10 $7,052
AG/Natural
$9,608.52
$2,874.89
$1,620.78
$14,104.19
$14,104
Vernal Pool
$12,329
Vernal Pool
(grasslands)
$34,092.20
$541.39
$5,931.34
$40,564.93
$40,565
Vernal Pool
$28,980.00
$515.51
$5,647.82
(wetted)
$34,092.20
$38,329.60
$5,931.34
$78,353.14
$78,353
2008 SJMSCP Development Fees
Open Space
$4,024.17
$1,368.73
$771.65
$6,164.55
$6,165
AG/Natural
$8,048.33
$2,737.47
$1,543.30
$12,329.11
$12,329
Vernal Pool
(grasslands)
$28,980.00
$515.51
$5,647.82
$35,143.33
$35,143
Vernal Pool (wetted)
$28,980.00
$36,497.43
$5,647.82
$71,125.25
$71,125
RECOMMENDATION:
HTAC and staff recommend the SJCOG, Inc. Board adopt the 2009 SJMSCP Development Fees.
SJCOG, Inc. staff will work with jurisdictions to adopt the new 2009 fee for the January 1St effective date.
Prepared by: Steve Mayo, Senior Habitat Planner
M.• I STAFFRPT120081 SeptemberABoard 12009 SJMSCP Development Fees
Table A. Central Zone Properties
Address
Attachment 1 - SJMSCP Fee Properties
APN Zone Sale Date Price Acres Price/Acre Habitat Tvpe Appreciated Price Appreciated Price/Acre
17310 N Tully Road, Lodi, CA
053-070-03
Central
08/03/2006
$2,200,000.00
60.00
$36,666.67
C34
$2,603,333.33
$43,388.89
14664 E Liberty Rd, Galt, CA
021-020-33
Central
08/21/2006
$740,000.00
40.00
$18,500.00
C34
$875,666.67
$21,891.67
33000 S Bevis Rd, Tracy, CA
255-090-54
Central
09/29/2006
$907,500.00
42.54
$21,332.86
C34
$1,066,312.50
$25,066.11
19292 E Avena Road, Escalon, CA
205-050-14
Central
10/06/2006
$1,200,000.00
90.90
$13,201.32
C34
$1,400,000.00
$15,401.54
29043 S Lehman Rd, Tracy, CA
253-330-11
Central
01/31/2007
$900,000.00
40.07
$22,460.69
C34
$1,027,500.00
$25,642.63
26618 N Lower Sacramento Rd, Galt, CA
005-030-07
Central
02/28/2007
$1,614,000.00
79.00
$20,430.38
C34
$1,829,200.00
$23,154.43
26026 Kasson Road, Tracy, CA
239-230-03
Central
03/23/2007
$2,328,840.00
258.76
$9,000.00
C34
$2,619,945.00
$10,125.00
25647 S Bird Road, Tracy, CA
250-230-03
Central
05/29/2007
$937,000.00
40.00
$23,425.00
C34
$1,038,508.33
$25,962.71
8074 W. Delta Ave, Tracy, CA
213-020-11
Central
06/11/2007
$1,700,000.00
98.08
$17,332.79
C34
$1,870,000.00
$19,066.07
18813 W Brandt Rd, Lodi, CA
019-200-25
Central
07/02/2007
$1,450,000.00
40.00
$36,250.00
C34
$1,582,916.67
$39,572.92
10 W Lorenzen Rd, Tracy, CA
239-140-04
Central
08/08/2007
$675,000.00
71.60
$9,427.37
C34
$731,250.00
$10,212.99
9898 S Jack Tone Road, Stockton, CA
203-020-02
Central
09/26/2007
$758,000.00
49.18
$15,412.77
C34
$814,850.00
$16,568.73
19298 S Alder Ave, Tracy, CA
213-190-02
Central
09/27/2007
$1,125,000.00
97.67
$11,518.38
C34
$1,209,375.00
$12,382.26
1000 E Critchett Rd, Tracy, CA
241-110-33
Central
10/23/2007
$1,250,000.00
41.43
$30,171.37
C34
$1,333,333.33
$32,182.80
3750 W Tredway Road, Lodi, CA
055-180-04
Central
02/04/2008
$532,500.00
196.12
$2,715.17
C34
$550,250.00
$2,805.68
16499 E State Route 88, Lockeford, CA
019-170-23
Central
03/07/2008
$1,397,000.00
91.83
$15,212.89
C34
$1,431,925.00
$15,593.22
16751 N Clements Rd, Lodi, CA
053-170-14
Central
03/17/2008
$1,397,000.00
80.00
$17,462.50
C34
$1,431,925.00
$17,899.06
627 W Vernalis Rd, Tracy, CA
255-160-28
Central
04/18/2008
$1,475,000.00
52.22
$28,245.88
C34
$1,499,583.33
$28,716.65
15757 E Sargent Rd, Lodi, CA
053-070-06
Central
06/02/2008
$4,500,000.00
198.50
$22,670.03
C34
$4,500,000.00
$22,670.03
Machado Property*
Central
07/31/2006
$1,040,000.00
206.04
$5,047.56
C34
$1,239,333.33
$6,015.01
Beck Property*
Central
08/22/2006
$2,856,000.00
204.00
$14,000.00
C34
$3,379,600.00
$16,566.67
Nakagawa Property*
Central
01/11/2008
$4,078,500.00
331.67
$12,296.86
C34
$4,248,437.50
$12,809.23
Seegers Property*
Central
11/30/2007
$843,100.00
84.31
$10,000.00
C34
$892,280.83
$10,583.33
Hilder Property*
lCentral
01/11/2008
$14,074,500.001
1279.501
$11,000.00
C34
$14,660,937.50
$11,458.33
* SJCOG, Inc. Preserves
TOTAL
$44p931,440.001
3539.981
$12,692.57
$47,891plSO.831
$13,528.65
Table B. Delta Properties
Address
APN Zone
Sale Date
Price
Acres
Price/Acre Habitat Type
Appreciated Price
Appreciatedd Price/Acre
6808 S Borba Road, Stockton, CA
162-060-10 IDelta
1 10/13/20061
$280,000.001
40
$7,000.00
1 C34
1 $326,666.48
$8,166.66
Table C. Southwest Zone Properties
Address
APN Zone
TOTAL
Sale Date
1 $280,000.001
Price
40
Acres
$7,000.00
Price/Acre Habitat Type
1 $326,666.481
Appreciated Price
$8,166.66
Appreciatedd Price/Acre
18550 W Corral Hollow Road, Tracy, CA
263-200-17 SW
11/20/2007
$200,001.60
240
$833.34 G
$211,668.31
$881.95
Elworthy/Bogetti Property*
SW
09/29/2006
$790,000.00
790
$1,000.00 G
$928,249.45
$1,175.00
Elworthy/McDonald/Bogetti Property*
SW
05/17/2007
$2,170,000.00
2170
$1,000.00 G
$2,405,082.39
$1,108.33
* SJCOG, Inc. Preserves
$6,089.63 C34
TOTAL
$3,160,001.60
3200
$987.50
$3,545,000.15
$1,107.81
Table D. Encumbered Properties*
Address
APN Zone Sale Date Price Acres Price/Acre Habitat Tvpe Appreciated Price Appreciatedd Price/Acre
Caffese Trust / Leventini
Delta
10/17/2003
$550,000.00
179.91
$3,057.08
C34
$627,000.00
$3,485.08
Rurup Trust / Supprenant
Delta
01/09/2004
$425,000.00
195
$2,179.49
C34
$481,312.50
$2,468.27
Hammer Trust / Morais
Delta
06/25/2004
$854,000.00
388.89
$2,195.99
C34
$956,480.00
$2,459.51
Nature Conservancy
Delta
07/22/2004
$658,000.00
328.8
$2,001.22
C34
$735,315.00
$2,236.36
Heritage Land Co. / Olagaray Bros PTP
Delta
04/13/2005
$712,000.00
215.64
$3,301.80
C34
$779,640.001
$3,615.47
Wing Levee Propety**
IDelta
1 11/09/2007
$2,200,000.00
361.27
$6,089.63 C34
$2,238,500.00
$6,196.20
*10 comparables required
TOTAL
$5,399,000.00 1
1,669.511
$3,233.88
$5,818,247.50 1
$3,485.00
** SJCOG, Inc. Preserve
Summary Table: 2009 SJMSCP Habitat Mitigation Fees
2009 Fees
Acquisition Costs
Assessment &
Enhancement
Management and
Administration
Total
Total Rounded
Other Open Space
$4,804.26
$1,437.45
$810.39
$7,052.10
$7,052
Natural/Ag Lands
$9,608.52
$2,874.89
$1,620.78
$14,104.19
$14,104
Vernal Pool Grasslands
$34,092.20
$541.39
$5,931.34
$40,564.93
$40,565
Vernal Pool Wetted
$34,092.20
$38,329.60
$5,931.34
$78,353.14
$78,353
Calculations:
Tablel Per -Acre Land Value Summary
SJMSCP 2009 Fee Evaluation
Land Use
Central Zone
Primary Zone of the Delta Southwest Zone
Fee Title
a* $13,529
$8,167 $1,500
Row Crops/Grazing
b** $3,485
$3,235 $500
Easement Costs
a -b $10,044
$4,932 $1,000
*based off of 6/30/06-6/30/08 Applicable Ag Sale Comparables (Table A & B)
Zone is $250 lower than that of the Central Zone Based on lower market rents for row crop land.
Tablet Per Acre Acquisition Cost Summary
SJMSCP 2009 Fee Evaluation
Land Use Category
Cost per Acre (1)
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
$10,044
$4,932
$1,000
$9,818.70 $813,577,584.09
Natural Lands
$9,481.33
$474.07
$9,955.39
Delta Submerged Aquatic
$4,931.66
Riparian
$5,178.24
Other Water's Edge
$10,043.65
$502.18
$10,545.83
Percent in Zone (2)
a
89%
11%
0%
1 $10,822.921
Weighted Costs (3)
d*e
$8,938.85
$542.48
$0.00
$9,481.33
Delta Submerged Aquatic
Average of Natural/Ag Lands
$9,818.70
Percent in Zone (2)
f
0%
100%
0%
Weighted Costs (3)
d*f
$0
$4,932
$0
$4,932
Other Water's Edge
Vernal Pool Grasslands
$11,364.07
16%1
173281
$196,916,537.32
Percent in Zone (2)
g
100%
0%
0%
Weighted Costs (3)
d*g
$10,044
$0
$0
$10,044
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
$10,823
Vernal Pool Grasslands (4)
n/a
n/a
n/a
$10,823
Agricultural Lands
Percent in Zone (2)
i
97%
3%
0%
Weighted Costs (3)
d*i
$9,742.341
$147.951
$0.00
$9,890.29
(1) See Table 2.
(2) Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis
(3) Weighted average cost based on proportion of total land in each zone. Assumes easement acquisition for lands categorized as agriculture, riparian, delta submerged, other's waters edge, and southwest 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 2009 Fee Evaluation
Preserve Types
Cost per Acre (1)
Transaction Costs
(2) 5%
Total Land Acquisition
Costs
Agricultural Lands
$9,890.29
$494.51
$10,384.80
Natural Lands
$598,528,049.20
Natual Lands
$9,818.70 $813,577,584.09
Riparian
$9,481.33
$474.07
$9,955.39
Delta Submerged Aquatic
$4,931.66
$246.58
$5,178.24
Other Water's Edge
$10,043.65
$502.18
$10,545.83
Southwest Grasslands
$1,000.00
$50.00
$1,050.00
Vernal Pool Wetted
1 $10,822.921
$541.151
$11,364.07
Vernal Pool Grasslands
1 $10,822.921
$541.151
$11,364.07
(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 2009 Fee Evaluation
Preserve Type
Land Acquisition
% of Total
Preserve Lands
Total Preserve Acres
Total Costs of Acquisition
Agricultural Lands
$10,384.80
57%
57,635
$598,528,049.20
Natual Lands
$9,818.70 $813,577,584.09
Total
100,542
$1,014,517,000.81
Riparian
$9,955.39
19%
19,185
$190,994,248.36
Delta
$5,178.24
0%
10
$51,782.42
Other Water's Edge
$10,545.83
2%
1,584
$16,704,593.74
Southwest Grasslands
$1,050.00
4%
4,146
$4,353,300.00
Average of Natural/Ag Lands
$9,818.70
82%
82,560
$810,631,973.72
Vernal Pool Wetted
$11,364.07
2%
354
$4,022,879.40
Vernal Pool Grasslands
$11,364.07
16%1
173281
$196,916,537.32
Table 5 Total Preserve Costs, Breakdown by Category
SJMSCP 2009 Fee Evaluation
Preserve Type
Total Preserve Acres
Acquisition Costs
Per Acre Total
Vernal Pool Wetted
2,121
$11,364.07 $24,103,184.19
Vernal Pool Grasslands
15,561
$11,364.07 $176,836,232.53
Nat/Ag Lands
82,860
$9,818.70 $813,577,584.09
Total
100,542
$1,014,517,000.81
Table 6 Vernal Pool Surface and Grasslands /Acquisition Component
SJMSCP 2009 Fee Evaluation
Preserve Type
Acres Converted Acquisition Costs
Vernal Pool Wetted
707
Total Cost
$24,103,184.19
Fee per Acre
$34,092.20
Vernal Pool Grasslands
5,187
Total Cost
$176,836,232.53
Fee per Acre
$34,092.20
Table 7 Nat/Ag Land and Open Space/Acgisition Component
SJMSCP 2009 Fee Evaluation
Table 8 Cat B & C Fee Component Calcs
SJMSCP 2009 Fee Evaluation CPI 6/07-6/08 5.02%
Land Acquisition
Management and
Adminstration
Preserve Type
Land Acqusition
Transaction
Total
Cost associated with Nat/Ag Lands Conversion
$772,898,704.89
$40,678,879.20
$813,577,584.09
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
0.5
0.51
0.5
Land Acquisition Component of Nat/Ag Lands Fee
$9,128.101
$480.43
$9,608.52
Table 8 Cat B & C Fee Component Calcs
SJMSCP 2009 Fee Evaluation CPI 6/07-6/08 5.02%
Assessment &
Enhancement
Management and
Adminstration
Fee
% of Land Preser. B
C
Other Open Space
$1,437.45
$810.39
Natural/Ag Lands
82% $2,874.89
$1,620.78
Vernal Pool Grasslands
16% $541.39
$5,931.34
Vernal Pool Wetted
2% $38,329.601
$5,931.34
RESOLUTION NO. 2008-213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODE
AMENDING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT
CONSERVATIONAND 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 pursuantto 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 current SJMSCP
agricultural lands is $12,329 an acre for
consistent with the Updated Fee Study; and
Development Fee for natural lands and
the year 2008 due to annual adjustments
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 vernal pool habitat and multi-
purpose open space conversion will likewise be increased consistent with the Updated
Fee Study findings for the year 2009. A table illustrating the Development Fee increases
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 fee shall now be comprised of three components: Acquisition
Costs, Assessment and Enhancements, and Management and Administration. The
Assessment and Enhancements and Management and Administration components shall
be adjusted annually based on the Consumer Price Index (CPI). The Acquisition Cost
component shall be adjusted annually based on a minimum of ten comparable
agricultural sales within the previous two years. If ten acceptable comparables are not
found, then the two year window will increase in three month intervals until ten
acceptable comparable agricultural sales are found. The comparable agricultural sales
shall meet the following criteria: over forty acres in size, but under 500 acres in size, no
orchard or vineyard properties shall be included, and all comparable sales must be on
land that is consistent as mitigation land under the SJMSCP. In addition, all SJCOG,
Inc. transactions regardless of size or sale type will be included in the comparables; 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 increased in San Joaquin County; and that in order to maintain
the reasonable relationship established by Ordinance 1701, it is necessary to
increase the Development Fee for the San Joaquin County Multi -Species Habitat
Conservation and Open Space Plan.
3. The Development Fee for natural lands and agricultural land shall be $14,104 an
acre based on Table 1 in Exhibit" A and is consistentwith the Updated Fee Study
dated November 2,2006.
4. The Development Fee for vernal pool habitat and multi-purpose open space
conversion shall be consistent with the table identified in Exhibit" A and attached
hereto.
5. The Fee provided in this resolution shall be effective on January 1, 2009, which is
at least sixty (60) days after the adoption of this resolution.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED that the City of
Lodi City Council hereby approves the proposed General Plan Amendment.
Dated: November 5,2008
I hereby certify that Resolution No. 2008-213 was passed and adopted by the
City Council of the City cf Lodi in a regular meeting held November 5, 2008, by the
following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Hansen, Johnson, Katzakian,
and Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
(&I HL
City Clerk
2008-213
Exhibit A
2009 SJMSCP Habitat Fees
Multi -Purpose Open Space
$ 7,052
Natural
$ 14,104
Agriculture
$ 14,104
Vernal Pool - uplands
$ 40,565
Vernal Pool - wetted
$ 78,353
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 A RESOLUTION
AMENDING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT
CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEES FOR
2009
PUBLISH DATE: SATURDAY, OCTOBER 18,2008
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, OCTOBER 16,2008
ORDERED BY: RAND[ JOHL
CITY CLERK
4EVNIFER MLPERRIN, CMC
SISTANT CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Faxed to the Sentinel at 369-1084 at time) on (date) )
LNS Phoned to confirm receipt of all p ges at (time] CM JMP (initials)
forrnsWvins.doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION AMENDING THE
SAN JOAOUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN
SPACE PLAN DEVELOPMENT FEES FOR 2009
On Friday, October 17, 2008, in the City of Lodi, San Joaquin County, California, a
Notice of Public Hearing to consider adoption of a resolution amending the San Joaquin
County Multi -Species Habitat Conservation and Open Space Plan development fees for
2009 (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 perjurythat the foregoing is true and correct.
Executed on October 17, 2008, at Lodi, California.
J�ENIFER 4) PERRIN, CMC
ASSISTANT CITY CLERK
N:Udministration\CLERMForms\DECPOST.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 5,2008
Time: 7:00 p.m.
For information regarding this notice please contact:
Rand! Johl fl
City Clerk EX
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, November 5, 2008, 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
approval of the following item:
a) Adoption of a resolution amending the San Joaquin County
Multi -Species Habitat Conservation and Open Space Plan
development fees for 2009.
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, 2`d 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.
of the Lodi City Council:
City Clerk
Dated: October 15,2008
a t
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D. Stephen Schwabauer
City Attorney
CLEAMFUBHEAHWOTICESNOTCMDOC M15/0B