HomeMy WebLinkAboutAgenda Report - November 2, 1988 PHCOUNCIL 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.
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