HomeMy WebLinkAboutAGENDA REPORT 1990 1219 CC REG ITEM 08FBERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK ITEM 8• F.
h '100RPARK, CAUFOI
City Council Meefir
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ACTION,
M E M O R A N D 11 M
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: December 1.1, 1990 (CC �4eet.ing of 12- 19 -90)
SUBJECT: REVIEW OF ASSEMBLY BILL. 3158
Discussion
Effective January 1, 1991, Assembly Bill 3158 requires county
clerks to collect a fee to defray the costs of the Fish and Game
Department for reviewing envirc,nmental documents, recommending
mitigation measures, developing monitoring requirements and
consulting with other public age1'lc:ies in compliance with CEQA.
The Bill requires all project applicants and public agencies
subject to CEQA to pay a filing f:ee to the county clerk at the time
of filing a notice of determination for every proposed project
which requires a Negative Declaration or EIR. As written, the Bill
requires payment of the fee regardless of whether or not Fish and
Game is actually consulted. According to the City Attorney, the
fee requirement applies to al. projects for which notices of
determination will be filed aft(r ,January 1, 1991.
The fees established by AB -3158 ire as follows:
1. Categorical or statutory e. �mpt. or - No fee.
2. Negative Declaration - $1, `)0
3. EIR - $850
The Bill provides that the filing fee shall be paid to the county
clerk at the time of filing of notice of determination and that
the county clerk may charge a documentary handling fee of $25 per
filing. The Bill requires that the filing fees shall be reviewed
annually and adjustments woii'.1 need to be approved by the
Legislature.
799 Moorpark Avenue MoorparH Caloornra 93021 1305) 529 -6864
Steven Kueny
December 11, 1990
Page 2
The filing fees collected by the county clerk are required to be
remitted monthly to the Dept. of Fish and Game. All unpaid fees
are a statutory assessment subject. to collection under procedures
as provided in the Revenue and Taxation Code. The Bill states that
no project shall be operative, ve,ted or final until the required
filing fees are paid.
This Bill allows a lead agency to charge and collect a reasonable
fee from any person proposing a project subject to CEQA in order to
recover the estimated costs incurred by the lead agency in
preparing a negative declaration or an EIR and for procedures
necessary to comply with CEQA. Therefore, the City can pass on the
cost of the filing fee to applicants by either amending our fee
ordinance or by requiring applicants tO pay the fee directly to the
county clerk.
The County of Ventura Resource Management Agency is expected to
provide a written recommendation for a consistent procedure to be
followed by all cities in the County. The County Planning Director
has identified that we may expect that correspondence within
approximately one week. The League of California Cities is
recommending that local governments should amend their application
package, not their fee ordinance, ~o re(T, -ire payment of this fee
directly to the County.
As an interim procedure, staff is recommending that the applicant
be required to provide to the City written documentation verifying
that the fee has been paid prior to issuance of a zoning clearance
for the project. We will continue to file the notice of
determination within five days after project approval/denial
will recommend to the applicant that the fee be paid within that
time period. If the County recommended procedure is substantially
different from staff's suggested F;rocedu.re, we will return this
matter to the Council for discuss =icq.
For City sponsored projects t:hali require either a Negative
Declaration or EIR, staff will need to make sure that the Council
approves payment of the applicable fee the same night as the public
hearing for the project to ensure that tie check can be mailed
within 5 days after final approval �c*_on.
Recommendation
1. Amend our entitlement application package to reference the
State required Notice of Determination filing fee; and
2. Require applicants to submit written documentation from the
County of Ventura verifying that the fee has been paid prior
to issuance of a zoning clearance.
PJR /DST