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HomeMy WebLinkAboutAGENDA REPORT 2005 1102 CC REG ITEM 08BITEM Va• CITY OF MOORPARK, CALIFORNIA City Council Meeting of //— A -o?OOS ACTION: kAc,Glr &Z"OL 4d 'y -V6 o� CITY OF MOORPARK CITY COUNCIL AGENDA RE PORTBY: TO: The Honorable City Council FROM: Mary K. Lindley, Parks, Recreation, and Community /�C_' Services Director DATE: October 11, 2005 (Meeting of November 2, 2005) SUBJECT: Conduct a Public Hearing on the Adoption of an Ordinance Amending the City's Moorpark Library Facilities Fee DISCUSSION The City Council is being asked to open a Public Hearing to receive testimony on the adoption of an Ordinance 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 the ability to use Library Facilities Fee funds for financing and conducting library studies related to library capital improvements, collection enhancements, and operations and management issues to serve increased demand for library services created by new development. While adoption of the attached Ordinance would allow for expanded use of the Library Facilities Fees, it would not increase or change the amount of the Fee. At its meeting on October 5, 2005, the Council directed staff to agendize a public hearing to consider revising the definition of the term "library facilities" in Chapter 3.36 of the Moorpark Municipal Code. City Council first adopted the Library Facilities Fee (Ordinance No. 238) on October 1, 1997. The Fee is a condition placed on 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 the impact on existing M: \MLindley \LIBRARY \Library Facility fee definition amendment ccagda 11-2 - 05.doc 0 000 , J Honorable City Council November 2, 2005 Page 2 library services that can reasonably be attributed to the new development. The definition of "library facility" was later revised (Ordinance 283) on July 17, 2002, to include library capital improvements, including financing, acquiring, construction, remodeling, landscaping, lighting, and /or furnishing such public library facilities. The current definition reads as follows: "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, the Moorpark Library; computers for public access, and designated for use by library patrons; and library capital improvements, including financing, acquiring, construction, remodeling, landscaping, lighting, and /or furnishing such public library facilities." Library studies are not included in the definition. Should the Council elect to adopt the attached Ordinance, amending the term "library facilities," staff proposes the following additional language: "... and studies related to library buildings and capital improvements, operations and management, and collections and materials." Expanding the definition of "library facilities" as proposed, would create a temporary situation where the City would be required to track separate Library Facilities Fee Funds. Since development fees can only be used for the purpose identified when collected, those Library Facility Fees that were 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. To date, the City has received $750,000 in Library Facilities Fees. Of this amount, approximately $155,000 can only be spent for purposes described in Ordinance No. 238 (collection and operations) . The remaining $595,000 can be spent on the expanded definition in Ordinance No. 283 (adds capital improvements). If the Council adopts the new ordinance expanding the definition to include library studies, expenditures for said studies can only be funded from fees collected after the date of adoption. By the City's build -out, it is anticipated that the City will have 000048 Honorable City Council November 2, 2005 Page 3 received a total of $2.8 million. Using this estimate, approximately $2,050,000 will be available to be used for expenditures under the new, expanded definition. 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 RE CObIlOMNDAT I ON 1. Open the Public Hearing and receive testimony on Ordinance No. amending the Moorpark Municipal Code Section 3.36.200 (Library Facilities Fee - Definitions) to amend the definition of "Library Facilities "; 2. Close the Public Hearing; and 3. Introduce the Ordinance for first reading and schedule second reading for November 16. Attachment A - Ordinance No. 0 00049 Attachment A 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 development within the City creates a need to study its impact on existing library collections and materials, operations and management, and buildings; and WHEREAS, the City of Moorpark has authority to provide library facilities within its jurisdiction, and has previously imposed a Library Facilities Fee on new development; and WHEREAS, it is in the interest of the City to ensure that it has sufficient funds to pay for necessary library studies; and WHEREAS, the definition of "Library facilities" in the current Library Facilities Fee Ordinance does not include library studies 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; and studies related to library buildings and capital improvements, operations and management, and collections and materials. 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 0 -0050 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 AND ADOPTED this day of Patrick Hunter, Mayor ATTEST: Deborah Traffenstedt, City Clerk 2005. 0000r-1