HomeMy WebLinkAboutResolutions - No. 2023-20RESOLUTION NO. 2023-20
A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING AND IMPLEMENTING
THE COLLECTION OF SAN JOAQUIN COUNTY FACILITIES FEES
WHEREAS, in 2005, the City Council of the City of Lodi adopted Chapter 15.66 of the
Lodi Municipal Code ("LMC"), which established the authority for collection of County Facilities
Fees for new development pursuant to the San Joaquin County ("County") Facilities Fee ("CFF")
Schedule within the City of Lodi; and
WHEREAS, on June 14, 2005, the San Joaquin County Board of Supervisors adopted
the CFF Program in conformance with Government Code Section 66000 et seq.; and
WHEREAS, the purpose of the CFF Program is to "finance region -serving capital
facilities located throughout the County that are used by the residents and businesses within
each city as well as the unincorporated area and to assure that new development pays its
proportional share for these improvements;" and
WHEREAS, fees collected from the CFF Program can be used to offset only the growth -
related portion of the cost of County regional and unincorporated area public facilities; and
WHEREAS, on March 20, 2018, the County Board of Supervisors approved the CFF
Nexus Study Update documenting the relationship between new development and the need for
additional or larger County facilities and authorized implementation of a revised fee schedule,
effective April 2, 2018; and
WHEREAS, on October 18, 2022, the County Board of Supervisors reviewed and
approved the County's 2021-2022 CFF Annual Report and adjusted the 2022-2023 CFF fee
schedule, to become effective January 1, 2023; and
WHEREAS, the City's authority to collect the CFF granted in LMC Chapter 15.66 was
repealed when the prior Master Annexation Agreement between the City and the County
expired in June 2012; and
WHEREAS, because of the recent update to the City's Municipal Service Review
("MSR") and Sphere of Influence ("SOI"), the City has renegotiated an agreement with the
County regarding annexations which was approved on January 4, 2023, and these actions led
the City to adopt an ordinance on January 18, 2023, reenacting LMC Chapter 15.66 to
reestablish the collection of CFF fees; and
WHEREAS, pursuant to the provisions of the reenacted LMC Chapter 15.66, the City will
adopt the County's CFF Program and the corresponding fee schedule, which is to be
automatically adjusted for inflation annually, based upon changes to the California Construction
Cost Index; and
WHEREAS, Government Code Section 66018 requires local agencies to hold a public
hearing, at which oral or written presentations can be made, as part of a regularly -scheduled
meeting prior to approving an increase in an existing fee, and to publish notice of the time and
place of the meeting, in accordance with Government Code Section 6062a; and
WHEREAS, on January 18, 2023, the City Council of the City of Lodi conducted a public
hearing to consider the adoption and implementation of the County CFF Nexus Study and the
corresponding 2022-2023 CFF fee schedule, with an effective date of January 1, 2023; and
WHEREAS, the CFF Program fees listed in the 2022-2023 fee schedule are divided into
residential and non-residential categories, as shown in the table below:
CFF Categories
Incorporated
Areas
Residential
Single Family (per unit
$3,249
Multi -Family er unit
$2,408
Non -Residential
Retail/Commercial(per s uare foot)
$0.54
Office(per square foot
Industrial/Other(per square foot)
$0.80
$0.15
WHEREAS, the CFF Program and the proposed 2022-2023 fee schedule 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 has the authority to collect a capital facility fee pursuant to California
Government Code Sections 66000 et. seq. in accordance with City ordinance adoption of
the reenacted Lodi Municipal Code Chapter 15.66, once it becomes effective.
2. The City provided the statutory notice, held a public hearing, and maintained
documentation of the proposed CFF Program and the 2022-2023 fee schedule 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.
3. The City Council hereby declares that the purposes and uses of the CFF Program fees,
and the determination that there is reasonable relationship between the fees' uses and
the type of region -serving capital facilities in which the fees are imposed, are all
established in the San Joaquin County CFF Nexus Study, the corresponding annual
review, and the 2022-2023 CFF fee schedule update effective January 1, 2023, and
remain valid, and the City Council therefore finds and adopts such determinations.
4. The Lodi City Council hereby approves and adopts the proposed San Joaquin County
Facilities 2022-2023 Fee Schedule.
5. This Resolution and the findings and Fees adopted herein shall take effect concurrently
with the effective date of the reenacted Lodi Municipal Code Chapter 15.66, which shall
occur thirty (30) days after adoption of Ordinance 2014.
Dated: January 18, 2023
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I hereby certify that Resolution No. 2023-20 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 18, 2023, by the following vote:
AYES: COUNCIL MEMBERS — Craig, Khan, and Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Bregman and Mayor Hothi
ABSTAIN: COUNCIL MEMBERS — None
GUkd�.
OLIVIA NASHED
City Clerk
2023-20