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HomeMy WebLinkAboutResolutions - No. 2016-199RESOLUTION NO. 2016-199 A RESOLUTION OF THE LODI CITY COUNCIL SETTING THE SAN JOAQUIN COUNTY MULTI -SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN DEVELOPMENT FEE SCHEDULE FOR 2017, AND FURTHER UPDATING THE FEE MODEL FOR THE CONSERVATION PLAN 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 limned 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 four categories: multi- purpose open space conversion; natural land and agricultural habitat land; and vernal pool habitat; and WHEREAS, the SJMSCP Development Fees for these four categories will be increased consistent with the Updated Fee Study findings for the year 2016; 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 method of annual adjustments was modified in 2011 and again in 2016; 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 AND DETERMINED 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. Fes, 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 No. 1707, and remain valid, and the City Council therefore.. adopts such determinations. 2. The City Council finds and declares that since adoption of Ordinance No. 1707, the cost of land has increased in San Joaquin County; and. that in order to maintain the reasonable relationship established by Ordinance No. 1707, 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, 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 modification to the method of annual adjustments as set forth on Exhibit "B" is hereby adopted. 5. The Fee provided in this resolution shall be effective on January 1, 2017. 6. The Lodi City Council hereby approves the proposed Habitat Conservation and Open Space fee adjustment. Dated: November 2, 2016 I hereby certify that Resolution No. 2016-199 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 2, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFE M. FERRAIOLO City Clerk 2016-199 ,-MIR Vl"FCR" A r..CU*V MOMWT OnArArmiff CUWw M 3.4Sfi[� tLY1L MAN1�,1 AWK STL7CR1%L TR4K d1V.'i rrMNM 5.'WCIF SANXWWO= EXHIBIT "A" SJCOG, Ince. 555 Fast Weber Avemie . StockC CA 95242 • (249) =,-MO . FAX (2000) 235 -CM Sall Joaquin Cou.ntyMulti-Species Habitat Cunwmation & Open Space Platt (SJMSCP) �ftA a PA TT 1 i 1 'WW 7 -, , T .L 2017 Endowment Fees with In -lieu Land* "Effective Ianuuy 1, 2017 — December 31.2017 in lieu of €ees to be used as the eWowrmeaf for the dedicated land laresen e% (Category B = Q VELB Mitigation A special free cawgofy shall ap'PlY when temoval of the Valley Elderberry Long -homed Betide CVELB) habitat of elderberry shrubs occurs- The fee shall be paid to SJCOG. fm_ or a VELB mitigation bank appmtizd by die Pernfitting Agencies- The cua wit fee, as established ill the VELB Conservation Fund Accou& managed by the Center for Natural Lands Managemeni, and affm e d by the USM, is $1,800 per VELB Unit (one unit= me. stent over 1" in dLvnetm at gmund level which is femoved). pees shall be established by the JPA dunrg dart surveys (i.e_, counts of ssnm to be removed with and vvidu xtt exit holes shall be completed during bion sameys) and shall be paid to the JPA prior' to ground disturbance or sternremvvaL whichevff carnes first. $3,426.00 $M-86 $4,196.86 Agrkultural Habitat bands 'Natural Lands $3,126-00 '$770-$6 $4,196.86 Vernal Pool Habitat VematPoo IGiussfands $13,902.00 $2,348.30 816,254.30 Velimal Pool 9etted $58,159.00 $2.305-42 S60,46S,42 "Effective Ianuuy 1, 2017 — December 31.2017 in lieu of €ees to be used as the eWowrmeaf for the dedicated land laresen e% (Category B = Q VELB Mitigation A special free cawgofy shall ap'PlY when temoval of the Valley Elderberry Long -homed Betide CVELB) habitat of elderberry shrubs occurs- The fee shall be paid to SJCOG. fm_ or a VELB mitigation bank appmtizd by die Pernfitting Agencies- The cua wit fee, as established ill the VELB Conservation Fund Accou& managed by the Center for Natural Lands Managemeni, and affm e d by the USM, is $1,800 per VELB Unit (one unit= me. stent over 1" in dLvnetm at gmund level which is femoved). pees shall be established by the JPA dunrg dart surveys (i.e_, counts of ssnm to be removed with and vvidu xtt exit holes shall be completed during bion sameys) and shall be paid to the JPA prior' to ground disturbance or sternremvvaL whichevff carnes first. EXHIBIT "B" 2016 SJMSCP Financial Analysis Model Updates U dates/Chan es to the Financial Analysis Model by SJMSCP Fee Category: I. Category A (Acquisition) — Comparables: This category addresses land valuation and is based on comparable land sales in San Joaquin County. To be included in the analysis, the land sale must have occurred in specific zones of the SJMSCP plan area (Central Zone and Delta Zone) over an established 2 -year period. Each year, all qualified comparables in each zone, including SJCOG, Inc. easements, are evaluated to set a weighted cost per acre using the methodology established in the 2007 and 2011 Financial Analysis Updates. The 2016 update increases the size of parcels that can be considered as a valid comparable from 500 acres to 640 acres. The criteria to determine valid comparables to be 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 5W 664_0 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 SJMSCP 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. 2. The update also changes the index used to bring the nominal values of the older comparable values in the 24 -month set of comparables to current market values. The new approach better captures actual land market trends by changing the inflator from a flat percentage to an annual average representing the change in nominal land values represented by the prior two years of comparable transactions. 3. The 2016 update also revises the method for determining encumbered land sale values for use in the fee calculation model. Prior to this update, the model was limited to the rare resales of encumbered properties within the County. The 2016 update analysis determined that encumbered land sales, on average, represent 70% of the fee title value. Rather than apply an index to older encumbered property sales for use in the fee model, the 2016 revised model established the basis for calculating a weighted average cost of easement acquisition as a set 70% of fee title value. 4. Future fee calculations will be based on the term of the SJMSCP permits remaining (e.g., the term of the permits is 50 years and in 2016 there are 36 years remaining). Rather than calculate the fee based on the static 50 -year term of the permits, the new model takes into consideration time actually left on the permit and gives a better correlation of acres remaining to be acquired under the plan during the life of the plan. As in the previous model, the Category A analysis in the 2016 model results in costs of easement or fee title acquisition per acre by habitat type and zone and the final cost per acre for each habitat type is a function of the proportion of preserve acquisition by zone. No changes are recommended for Southwest zone grassland easement acquisition, vernal pool preserves acquisition or for transaction costs associated with preserve acquisition. II. Category B (Assessment & Enhancement) — Refined Cost Factors/Redistribution of Habitat/Consumer Price Index The changes in this category include refined cost factors for biological site assessment and preserve enhancement and management planning. 1. Refined costs to better reflect the enhancement and restoration requirements of the SJMSCP. 2. The updated analysis redistributes preserve acres across the habitat types to more accurately reflect the range and types of natural lands preserves described in the adopted SJMSCP rather than all in riparian habitat classification. 3. Annually, the California Consumer Price Index (CPI), as reported by the California Department of Finance for the preceding 12 months (July -June), inflation factor will be applied to update annual costs for site assessment, management plans, and enhancement plans. III. Category C (Management & Administration) — Refined Cost Factors/Long Term Investment/Consumer Price Index The changes to this category include refined monitoring costs and updated management and administration costs that are based on actual SJCOG, Inc. expenditures incurred in these categories. 1. The update includes refinement to costs anticipated to be incurred once the term of the permit expires and assumes that the post permit costs will be lower than costs incurred during the permit term as many of the monitoring, reporting, and administrative compliance costs are not required post -permit. 2. Updates annual management, administrative, legal and other consultant costs associated with administration of the SJMSCP. 3. Annual cost updates will continue to use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12 months (July — June) to keep up with inflation on an annual basis.