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HomeMy WebLinkAboutAGENDA REPORT 2002 0619 CC REG ITEM 09DITEM 9.D. G pf Lo- lie ACT MOORPARK CITY COUNCI T-La4ta1 ►�'- : -Zs53 AGENDA REPORT B TO: Honorable City Council FROM: Mary K. Lindley, Director of Community Service DATE: June 13, 2002 (CC Meeting of 6/19/02) SUBJECT: FIRST READING OF AN ORDINANCE AMENDING THE CITY OF MOORPARK LIBRARY FACILITIES FEE AND ESTABLISHING A PUBLIC HEARING DATE SUMMARY The City Council is being asked to adopt Ordinance No. , which amends the Moorpark Municipal Code, Chapter 3.36, Library Facilities Fee, by amending the definition of the term "library facilities ". If approved, the amended definition of "library facilities" would add to the definition the ability to use the Library Facilities Fee funds for financing, obtaining or constructing public library facilities to serve increased demand for library services created by new development. Specifically, the funds would now be able to be used to acquire, construct, remodel, landscape, light, and /or furnish public library facilities. Therefore, adoption of Ordinance No. would allow for expanded use of the Library Facilities Fees; it would not increase or change the amount of the Fee. BACKGROUND On October 1, 1997, the City Council adopted Ordinance No. 238, establishing a Library Facilities Fee imposed on all new development, including both residential and commercial /industrial development. The Ordinance requires new development to pay a Library Facilities Fee to be used for "library facilities" that would mitigate impacts on existing library services that can reasonably be attributed to the new development. Honorable City Council June 13, 2002 Page 2 Ordinance No. 238 defined "library facilities" as "library collection materials including books, video and audio materials, periodicals CD rom disks, and other related materials which are available in, or for loan from, Moorpark Library and computers for public access, and designated for use by library patrons." Facility acquisitions, improvements or expansions are not included in the definition. DISCUSSION Currently, the Moorpark Library is approximately 7,000 square feet in size. Based on accepted standards, a library serving a population the size of Moorpark (approximately 31,000) should consist of approximately 26,400 square feet. At build -out (approximate population of 42,000), the Moorpark Library should consist of approximately 35,700 square feet. To help address the need for a larger library, potential funding sources need to be identified. Expanding the Library Facilities Fee definition of "library facilities" to include facility acquisitions, improvements or expansions would allow the City to use some of the Library Facilities fees to fund additional library space. This would also make the Library Facilities Fee code section consistent with the City's other two facilities fees code sections (police and fire) . Passage of this Ordinance does not alter the current fee schedule or total fees paid by new development, which are: • Single Family Dwelling $460.56/DU • Multi Family Dwelling $298.46/DU • Mobile Home $306.03/DU • Commercial $ .10 /sf • Industrial $ .10 /sf Expanding the definition of "library facilities" would create a temporary situation where the City would be required to maintain two separate Library Facility Fee Funds. Since development fees can only be used for the purpose identified when collected, those Library Facility Fees that are collected prior to the implementation of the expanded definition can only be used for the originally identified purposes; they may not be used to fund costs included in the new definition. Therefore, the Fees must be segregated so that expenditures can be tracked and verified as appropriate. Honorable City Council June 13, 2002 Page 3 To date, the City has received $155,000 in Library Facilities Fees. This is the amount of fees that may only be used for the purposes identified in the original definition. By the City's build -out, it is anticipated that the City will have received a total of $2.8 million. Using this estimate, approximately $2,645,000 will be available to be used for expenditures under the new definition. This fee falls under the regulation of Government Code sections 66000- 66025. Accordingly, the fee can only be established after meeting certain disclosure and timeline requirements. The attached "Proposed Library Facilities Fee Amendment Information Sheet" provides all the information required for disclosure by the Government Code. This information must be provided to the public at least 10 days in advance of the meeting in which the fee will be considered. Additionally, the establishment of this fee can only occur after a public hearing is held and the fee will be effective no sooner than 30 days after adoption of the Ordinance. STAFF RECOMMENDATION 1. Introduce for first reading Ordinance No. , amending the Moorpark Municipal Code Section 3.36.200 (Library Facilities Fee - Definitions) to amend the definition of "Library Facilities ". 2. Direct staff to provide the required notices, and to advertise a public hearing on July 17, 2002, to receive testimony and conduct a second reading for adoption of Ordinance No. Attachments: #1 - Proposed Library Facilities Fee Amendment Information Sheet #2 - Ordinance No. Proposed Library Facilities Fee Amendment Information Sheet Purpose of Fee: In addition to the current purpose of the Fee, this amendment would allow for funds collected from appropriate sources to be used for the purpose of financing, obtaining or constructing public library facilities to serve increased demand for library services created by new development. Use of the Funds: Amendment would allow all funds generated by imposition of this fee, including any interest earned on these funds, to be used for the additional purpose of financing of public facilities. Specifically, the funds will now be additionally used to acquire, construct, remodel, landscape, light, and /or furnish public library facilities serving Moorpark. Previously, these funds could only be used for library collection materials including books, video and audio materials, periodicals CD rom disks, and other related materials which are available in, or for loan from, Moorpark Library, and for computers for public access and designated for use by library patrons. Relationship between Use of Fee /Need for Public Library Facilities Serving Moorpark: This fee will be imposed on all new uses and for enlargements of existing uses in Moorpark. Currently, the Moorpark Library is approximately 7,000 square feet in size. Based on accepted standards, a library serving a population the size of Moorpark (approximately 31,000) should consist of approximately 26,400 square feet. At build -out (approximate population of 42,000), the Moorpark Library should consist of approximately 35,700 square feet. To help address the need for a larger library, expansion of the definition of "library facilities" to include facility acquisitions, improvements or expansions is necessary to allow use of the Library Facilities Fees to fund additional library space. Reasonableness of Fee: The amended Ordinance requires new development to mitigate impacts on existing library services that can reasonably be attributed to the new development. Passage of this Ordinance does not alter the fee schedule or total fees paid by new development. It would also make the Library Facilities Fee code section consistent with the City's other two facilities fees code sections (police and fire). Cost of the Project and Funds Generated by this Fee: Fees collected will be used to fund appropriate, actual costs of facility acquisitions, improvements or expansions, including, but not limited to acquisition, construction, remodeling, landscaping, lighting, and /or furnishing public library facilities serving Moorpark. To date, the City has received $155,000 in Library Facilities Fees. This is the amount of fees that may only be used for the purposes identified in the original definition. By the City's build -out, it is anticipated that the City will have received a total of $2.8 million. Using this estimate, approximately $2,645,000 will be available to be used for expenditures under the amended definition. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING CHAPTER 3.36, ARTICLE III, SECTION 200, RELATIVE TO THE DEFINITION OF LIBRARY FACILITIES WHEREAS, new construction within the City creates a need for additional, enlarged or new library space. WHEREAS, the City of Moorpark has authority to provide library facilities within its jurisdiction, and has previously imposed a Library Facilities Fee on new construction. WHEREAS, it is in the interest of the City to ensure that it has sufficient funds to pay for needed new or enlarged library facilities. WHEREAS, the definition of "Library facilities" in the current Library Facilities Fee Ordinance does not include library capital improvements as an approved use of Library Facilities Fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. That the Moorpark Municipal Code is amended by revising Section 3.36.200, Definitions, "Library facilities" to read as follows: "Library facilities" means library collection materials including books, video and audio materials, periodicals, CD rom disks, and other related materials which are available in, or for loan from, Moorpark library; computers for public access, and designed for use by library patrons; and library capital improvements, including financing, acquiring, constructing remodeling, landscaping, lighting, and or furnishing such public library facilities. SECTION 2. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter this Ordinance into the book of original Ordinances of the City of Moorpark; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after passage and adoption thereof, cause the same to be published once in the Moorpark Star, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED, APPROVED, AND ADOPTED this 17th day of July 2002. Patrick Hunter, Mayor ATTEST: Deborah Traffenstedt, City Clerk ICa,. f -, €, •1.4 %,