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HomeMy WebLinkAboutAGENDA REPORT 1997 1001 CC REG ITEM 08ATO: FROM: DATE: SUBJECT: mm ry CITY COUNCIL AGENDA REPORT CITY OF MOORPARK The Honorable City Council Mary K. Lindley, Director of Community Services )' September 25, 1997 (CC Meeting of October 1) ') *17. ITEM F. IQ . MOORPARK. CALIFORNIA MEETING lc,li 10,7 ACTION:, B ' Public Hearing to Adopt Ordinance No. 238, Adding Article III to Chapter 3.36 of the Moorpark Municipal Code Relative to a Library Facilities Fee, Introduce Ordinance for Second Reading, and Adopt Resolution No. 97 -_, Establishing Library Facilities Fees The City Council is being asked to hold a public hearing to receive testimony on Ordinance No. 238, which adds Article III to Chapter 3.36 of the Moorpark Municipal Code creating a library facilities fees to be imposed on new development within the City. Upon closing the public hearing the Council is asked Adopt Ordinance No.238 and Resolution No. 97-_, establishing a library facilities fee. Background On September 3, Ordinance No. 238 was introduced for first reading and the City Council set a public hearing date of September 17 to receive testimony. Consistent with the Council's past direction regarding quality -of -life thresholds to ensure that Moorpark residents have access to quality library services, it is recommended that the Council consider the creation of a fee on new development that would fund future library needs created by population growth. Similar to the City's existing Ordinance No. 156 and Ordinance No. 206 imposing fees on new construction for the purpose of providing funds to pay for additional fire protection and police facilities respectfully, it is recommended that the City Council consider an ordinance that would impose a fee on certain new development to fund additional library facilities collections including, books, periodicals, reference materials, video and audio materials, and all other collection materials generally provided by a library for loan and or use by patrons, and public access computers. This fee would be referred to as the "Library Facilities Fee ". In 1989, the County Library Agency conducted a facilities need assessment which identified the Moorpark Library building as one of the most inadequate in Ventura County. At that time, the Moorpark Library was approximately 5,000 square feet. The report recommended that at the City's build -out, the Moorpark Library should consist of 32,000 to 35,000 gross square feet. Then again in 1994, a the Agency commissioned a study by Raymond Holt, a library consultant, who determined that the library serving Moorpark at build -out should consist of a total of C:\DOCS \WPDOCS\LIBR.PH.AGD fJ ;t 000001. • . Library Facility Fee September 18, 1997 Page 2 137,205 volumes (total volumes include books, audio and visual aids, periodicals, and reference materials). While the State of California does not have its own standards for library service levels, standards set by Illinois, Ohio, and Wisconsin are generally used since they update the standards established by the American Library Association. These standards indicate that a City the current size of Moorpark (850 square feet per 1,000 pop.) should have a library facility of approximately 23,800 sq. ft. and contain a collection of 140,000 volumes (3 books and 2 volumes consisting of other collection material such as videos, cassettes, periodicals, etc. per capita) and 14 public access computers. Today, the Moorpark Library consists of approximately 7,000 sq.ft. (including the new addition), a collection of approximately 34,628 volumes, and one computer for public access - far below the standard. The Moorpark Friends of the Library provided data which illustrates library collection per capita information supporting staff's findings (attachment B). The following information identifies the basis for the accepted standards and illustrates the service levels for a city with a population of 28,000 and 42,000 (project City build -out): Service Measurement Facility Square Footage - 850 sq ft per 1,000 pop. Volumes in Collection - 5 per capita *Number of Computers - Recommended Level Recommended Level at 28.000 Pon 23,800 sq ft 140,000 14 at 42.000 Pon 35,700 sq. ft. 210,000 25 per 2,000 *(Based on recent needs assessment for the future Oak Park library) The formula for computing the proposed Library Facilities Fee is designed to ensure that each new development bears only its estimated pro -rata share of library facilities (collections and public access computers) costs associated with the growth it generates. Since the fee will be imposed on new development the City can not fund the current library facilities "deficiency" from this fee. Any efforts to make up the current deficiency must be funded through other means that may be available to the Library District and City. Again, the proposed fee is meant to fund only the growth in the demand for library facilities resulting from new development. Based on the City's General Plan, growth projections through 2010 show a population of approximately 42,000. This represents a growth of approximately 14,000 people. Less any current deficiency, the City can anticipate new development funding approximately 70,000 collection materials. To calculate the per unit cost for collection material, staff consulted the Ventura County Library Agency which, based on current costs, determined that it costs on C ADOC SI WPDOCS\LIBRPH. AGD 1 �1 1 i k" y Library Facility Fee September 19, 1997 Page 3 average approximately $40 per collection material (excluding computers) for purchase and processing. The cost per computer (hardware and software) is $4,000. At build out, the City can anticipate having generated $2,828,000 as a result of the proposed fee. Based on the 1990 Census, staff has determined that the number of residents compared to the employment base in Moorpark is a ratio of 75/25 (approximately 25,494 population/8,519 employees). Therefore, it is proposed that residential development be weighted with 75 percent of the projected library facilities growth and industrial/commercial with 25 percent. Based on the projected growth, the aforementioned service level standards (excluding buildings), and the average cost for collections and computers, the Library Facilities Fee is recommended to be as follows: of me Single Family Dwelling $456.00 Multi Family Dwelling 295.50 Mobile Home 303.00 Non - Residential .09 sq ft Computers Total Fee $4.56 $460.56 DU 2.96 298.46 DU 3.03 306.03 DU .01 sgft .10sgft Ordinance No. 238 also allows the City to impose an administration fee. Staff recommends that the administration fee be consistent with the similar fee established for police facilities in the City's Ordinance No. 206. That fee is currently set at $25. The changes identified and approved at the September 3 City Council meeting have been included in the Ordinance and Resolution being presented with this agenda report. Recommendation Staff recommends that the City Council: 1. Hold a public hearing to receive testimony on Ordinance No. 238, adding Article III to Chapter 3.36 relative to a library facilities fee to be imposed on new development within the City and close the public hearing; 2. Adopt Ordinance No. 23 8; and 3. Adopt Resolution No. 97 --__, establishing the library facilities fee. Attachments C:\DOCS \WPDOCS\LIBRPH.AGD 000003 ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK AMENDING THE MOORPARK MUNICIPAL CODE BY REVISING THE TITLE OF CHAPTER 3.36 AND BY ADDING ARTICLE III TO CHAPTER 3.36 RELATIVE TO A LIBRARY FACILITIES FEE TO BE IMPOSED ON NEW DEVELOPMENT WITHIN THE CITY Whereas, new construction within the City will create a need for additional library services and a corresponding need for additional or enlarged library facilities and resources by which to provide such facilities. The City of Moorpark has authority to provide library facilities within its jurisdiction, but its current tax revenues are insufficient to provide the corresponding additional or enlarged library facilities. The City does have authority to impose such a fee and it is in the interest of the City to ensure that it has sufficient funds to pay for the needed new or enlarged library facilities. The purpose of this Ordinance is to impose on new construction within the City, and at the sole discretion of the City Council, a fee in an amount sufficient to provide for that new construction's estimated pro rata share of the cost to the City of providing the additional or enlarged library facilities. 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 the title of Chapter 3.36 to read as follows: "BUILDING PERMIT FEES" Section 2. The Moorpark Municipal Code is amended by adding Article III to Chapter 3.36 to read as follows: "ARTICLE III. LIBRARY FACILITIES FEE "Section 3.36.200 Definitions. For the purposes of this Ordinance, the following words and phrases shall have the meanings respectively ascribed to them below. "Building Official" means the person so designated by the Moorpark City Council. Q\DOCS \WPDOCS\LIBFEE.ORD I .�z "City" means incorporated City of Moorpark. "City Council" means City Council of the City of Moorpark. "Floor space" means "floor area" as the latter term is defined in the applicable section of the most recent version of theUniform Building Code. "New Construction," when applied to the construction of residential buildings or the installation of mobilehomes, means construction or installation which increases the number of dwelling units on a given lot. "New construction," when applied to the construction or installation of nonresidential buildings, means construction or installation which increases the amount of floor space for nonresidential building purposes on a given lot. "Overextended," Library facilities are "overextended" when, as determined by resolution of the City Council, the estimated population that the Moorpark Library's facilities can adequately serve, or the projected population of the service area will at any time within the following eight years, exceeds the maximum number of people which the Moorpark Library's facilities can adequately serve. The "service area" is the geographical area within the corporate boundary of the City. "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 and computers for public access, and designated for use by library patrons. Section 3.36.210 Library Service Facilities Fee. Within the incorporated City limits of Moorpark, when library facilities are overextended, a library facilities fee computed pursuant to this Ordinance shall be paid as a condition precedent to the issuance of any building permit for new construction. Except as otherwise provided by Government Code section 66007, the fee shall be paid prior to issuance of the building permit, or in the case of a mobilehome, prior to the issuance of a mobilehome set -up permit. Said fee, established pursuant to the Municipal Code Chapter 3.36, Article III, shall be set by resolution of the City Council. Section 3.36.220 Computation of Fee for Residential Construction. The amount of the library facilities fee to be paid pursuant to Section 3.36.210, with respect to the construction of residential buildings or the installation of mobile homes, shall be the dollar amount equal to "X" in the following formula: X = ACD B Q\DOCS \WPDOCS\LIBFEE.ORD 2 OW 605, where: "A" equals the estimated cost of providing for expanded library facilities; "B" equals the maximum number of people who can be served adequately by the library facilities; "C" equals the estimated average number of people who will reside in each dwelling unit in the buildings or mobilehomes for which the permit is issued, multiplied by a number equal to the number of dwelling units which will be contained in such buildings or mobilehomes after construction minus, in cases where the construction is the replacement or modification of existing buildings or mobilehomes, the number of dwelling units contained in such buildings or mobilehomes immediately prior to construction; and "D" equals the estimated portion, expressed as a decimal, of the library facilities needed to provide service to residential buildings and mobilehomes, as opposed to nonresidential buildings. The specific number values to be assigned to "A ", "B" and "D" in the foregoing formula, and the estimated average number of people per dwelling unit for the purpose of computing the value "C" in the foregoing formula, shall be determined by resolution of the City Council from time to time on the basis of evidence submitted to it. Section 3.36.230 Computation Of Fee For Nonresidential Construction. The amount of the library facilities fee to be paid pursuant to Section 3.36.210 with respect to the construction of a nonresidential building shall be the dollar amount equal to "Y" in the following formula: where: Y =AFC' E "A" equals the number value assigned to "A" for the purpose of Section 3.36.220; "B" equals the maximum square footage of nonresidential building floor space which can be served adequately by the library facilities; "F" equals the number of square feet of floor space in the building for which the building permit is issued minus, in cases where the construction is the replacement or modification of an existing building, the number of square feet of floor space in such existing building immediately prior to such replacement or modification; and CADOCS \WPDOCS\LIBFEE.ORD 3 006006 "G" equals the number one minus the number value assigned to "D" for the purposes of Section 3.36.220. The specific number values to be assigned to "E" in the foregoing formula shall be determined by resolution of the City Council from time to time on the basis of evidence submitted to it. Section 3.36.240 Use Of Library Facilities Fee„ All library facilities fees collected pursuant to Section 3.36.210 shall be deposited in a restricted account within the City Treasury and all moneys deposited in such account, together with any interest earned thereon, shall be used only for the purposes of acquiring or improving library facilities serving the service area. Section 3.36.250 Administration Fee. In addition to the library facilities fee imposed by Section 3.36.210, an administration fee shall be paid as a condition precedent to the issuance of any building permit for new construction within the service area. The administration fee shall be in an amount equal to the estimated average cost, as determined by resolution of the City Council from time to time, of processing such permit in accordance with the provisions of this article. Section 3.36.260 Refund of Fee. Any fee erroneously collected pursuant to this article shall be refunded without interest to the payor if, within one year after the date on which such fee was deposited in the City treasury, the payor files a written application therefor with the Building Official and provides proof of such error satisfactory to the Building Official. Any library facilities fee collected pursuant to Section 3.36.210 shall be refunded without interest to the payor if the building permit to which it relates is canceled or expires prior to commencement of construction pursuant thereto and if the payor files a written application for the refund with the Building Official within 180 calendar days after such cancellation or expiration. Section 3. 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 wold 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 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter this ordinance in the book or 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 (15) days after C:\DOCS \WPDOCS\LIBFEE.ORD 4 006007 passage and adoption thereof, cause the same to be published once in the Moorpark News Mirror, 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 the purpose. PASSED, APPROVED, AND ADOPTED this day of , 1997. Patrick Hunter, Mayor ATTEST: Lillian Hare, City Clerk Q\DOCS \WPDOCS%IBFEE.ORD 5 00( job RESOLUTION NO. 97- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, ESTABLISHING LIBRARY FACILITIES FEES WHEREAS, Ordinance No.238 contemplates that the City Council will determine from time to time the population to be served by a library facility, the service area, the values of the components used to calculate fees, and the administration fee for processing the library facilities fee; and WHEREAS, the Ordinance provides that the fees may be used solely to pay for such library facilities; and WHEREAS, The City Council has received evidence that the current service levels are inadequate to fund future library facility needs to serve the residents of the City of Moorpark; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED as follows: Section 1. Overextended Library Facilities. Based on the recognized library facilities standards of 5 volumes of collection materials per population and 1 public access computer per 2,000 population and an annual budget of $5,000 for collection materials for the Moorpark Library, the library facilities at said library will not accommodate new population growth to be served by the Moorpark Library . Therefore, the City Council finds that the Moorpark Library facilities are overextended pursuant to Ordinance No. 238. Section 2. Administration Fee. The administration fee authorized by Moorpark Ordinance No.23 8 shall be $25 per fee payment. Section 3. LibEaU Facilities Standards. The established standard for library facilities defined in Ordinance No. 238 shall be 5 collection volumes per capita and 1 public access computer per 2,000 population. Section 4. Formula Values. The values assigned to "A ", "B ", "C ", "D ", `B ", "F ", and "G" set forth in City Ordinance No. 238 shall be computed as follows: (A) The value "A" is the number $2,828,000. This number equals the estimated cost in dollars of providing library facilities collection and pubic access computers. (B) The value `B" is the number 14,000. This number is the total estimated new population growth to be served by the library facilities in the year 2010. (C) For the purposes of computing the value "C ", the estimated average number of residents per dwelling units is 3.04 for single family residences, 1.97 for multi - family units and 2.02 for mobile home units. (D) The value "D" is the number 75. This number equals the estimated portion, expressed as a decimal, of the standard library facility needed to provide service to residential buildings and mobile homes, as opposed to non - residential buildings. (E) The value `B" is the number 7,647,300. This number equals the estimated new square Ufl�flOy footage of non - residential building floor space which will be served by a library facility in the year 2010. (F) The value "F"' is a variable and represents the number of square feet of floor space in the non - residential buildings for which the permit is issued. (G) The value "G" is the number 1 minus the value of "D ". This number equals the estimated portion, expressed as a decimal, of the standard library facility needed to provide service to non- residential buildings, as opposed to residential buildings. Section 5. Building Permit Fee The Building Permit fee computed applying the preceding values shall be: Single family dwelling: $460.56 times the total number of dwelling units Multi - family dwelling: $298.46 times the total number of dwelling units Mobile home: $306.03 times the total number of dwelling units Non - residential: $ .10 per square foot Section 6. E_ ffective Date. This resolution shall take effect 30 days after approval and adoption. APPROVED AND ADOPTED this 17 day of September, 1997. Patrick Hunter, Mayor ATTEST: Lillian Hare, City Clerk 006010 �