HomeMy WebLinkAboutORD 1386 ORDINANCE NO. 1386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ENABLING THE CITY COUNCIL TO SET FEES
RELATING TO NEW DEVELOPMENT IMPACT FEES FOR LAW
ENFORCEMENT FACILITIES, VEHICLES AND EQUIPMENT
WHEREAS, the City of Baldwin Park desires to maintain a quality of life and
provide the highest level of service to the residents and business community of Baldwin
Park; and
WHEREAS, City Council desires to set the fee schedules relating to new
development to ensure services can meet the future needs of the city as it relates
to the impact of continued new development upon the fixed inventory of law
enforcement facilities, vehicles, and equipment infrastructure. As per California
Government Code §66000 et. seq., Developmental Impact Fees (DIF) cannot
address existing capital deficiencies but only accommodate the needs generated
by the City's growing population and business community.
WHEREAS, it is highly likely the City will see future growth on undeveloped and
developed land which will impact law enforcement services, and without this funding the
current level of service, safety and commitment provided by the Police Department to
the residents and businesses may not be maintained at the current level.
WHEREAS, without this funding, the City Council cannot continue to ensure that
the City will be able to meet the basic law enforcement infrastructure needs,
accommodating new growth, without unduly burdening the existing population and
business community for these development-generated capital cost.
WHEREAS, additional law enforcement calls-for-service are expected from new
development and the cost of adding law enforcement officers necessary to
accommodate these calls-for-service demands can be determined. These new costs
can be translated to a fee, or an amount, necessary to be collected to offset the added
costs of the required additional law enforcement staffing space, vehicles and
equipment. Providing that the fee is adopted and imposed, new development will
finance its proportion of the capital costs of expansion of the law enforcement facility
capacity (et al). DIF receipts cannot be used for on-going officer salary and benefit
costs. These continuing annual costs will need to be supported by increases in property
and sales taxes generated by the new residences and businesses and their occupants.
WHEREAS, the revenues raised from a properly calculated and legally-
supported Law Enforcement DIF schedule would be limited to capital costs related to
that growth. The fees would be used to expand the law enforcement facility, increase
the number of response and investigator's vehicles, and properly equip additional
officers. Conversely, the law enforcement DIF receipts cannot be used to replace
existing facilities space, vehicles or equipment. The following paragraphs are a brief
Ordinance 1386
Page 2
explanation of the five DIF capital projects required to accommodate the additional
calls-for-service from new development and maintain the existing level of service
currently afforded to the existing population and business community.
WHEREAS, the City's Police Department responses or calls-for-service records
are not currently able to be used to determine the Department's calls-for-service data by
land use. This is not uncommon as law enforcement services tender to categorize data
in terms of the type of crime rather than the land use where the crime was committed or
originated. Thus a robbery could be reported from a home or business.
WHEREAS, the use of the fee is a similar argument to the need for the fee. As
the development occurs, the impact is generated and the impact fee would be collected
as the development occurs. The collected DIF receipts would be put to use to acquire
additional facilities, vehicles and specialty equipment necessary to respond to those
additional calls, without reducing the capability of responding to calls from the existing
community.
WHEREAS, the existing facilities generally meet the needs of the existing
community but will prove inadequate at General Plan build-out and if no additions are
made to the law enforcement capacity to serve, the law enforcement level of service will
decrease. The previously included project descriptions illustrate the demands and
relationship with the General Plan development. The cost of the additional law
enforcement capital improvements/acquisitions is distributed proportionally by land use
between the land uses that will generate the calls-for-service.
WHEREAS, this levying of development impact fees has been reviewed by staff
i
in accordance with the California Environmental Quality Act ("CEQA")Q ) and the CEQA
Guidelines, and the City of Baldwin Park Local Guidelines for implementing CEQA, and
it has been determined that the adoption of this Ordinance is exempt from CEQA
pursuant to Sections 15378(b)(4), 15061(b)(3), and 15273 of the CEQA Guidelines, and
Section 21065 of the Public Resources Code. The intent of the Law Enforcement
Facilities, Vehicles and Equipment Development Impact Fee Calculation and Nexus
Report, and proposed fees, is to provide a means of mitigating some of the potential
environmental impacts which have been identified in planning efforts for anticipated
future growth of the City. Specific environmental studies are required to be performed
for each project that requires further review under CEQA prior to approval of the specific
project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
ORDAINS AS FOLLOWS:
Section 1. The City Council of the City of Baldwin Park hereby approves the
"Law Enforcement Facilities, Vehicles and Equipment Development Impact Fee
Calculation and Nexus Report for the City of Baldwin Park" dated December 30, 2015.
This document is attached as Exhibits "A" and is hereby incorporated by this reference.
Ordinance 1386
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Section 2. The City Council of the City of Baldwin Park hereby adopts the
findings set forth in the recitals to this Ordinance and the findings and facts contained in
the "Law Enforcement Facilities, Vehicles and Equipment Development Impact Fee
Calculation and Nexus Report for the City of Baldwin Park" dated December 30, 2015,
attached as Exhibit "A."
Section 3. New Subchapters 154.060 and 154.061 shall be added to Chapter
154 of the Baldwin Park Municipal Code to read as follows:
"Law Enforcement Facilities, Vehicles and Equipment
154.060 DEPOSIT AND USE OF FEES
Fees paid pursuant to this Subchapter shall be deposited into the Law
Enforcement Development Impact Fund maintained by the City
Treasurer, and shall be used solely for law enforcement facilities, vehicles
and equipment infrastructure, generated by the city's growing population
and business expansion and cannot address any existing capital
deficiencies.
154.061 PAYMENT OF FEES
Except as otherwise provided in this Subchapter, any new development
shall pay a Law Enforcement Facilities, Vehicles and Equipment
Development Impact Fee in an amount to be established by Resolution of
the City Council."
Section 4. That the City Clerk shall certify to the adoption of this Ordinance and
this Ordinance shall become effective thirty (30) days after the date of adoption.
APPROVED, PASSED, AND ADOPTED this 7th day of September, 2016.
Manuel Lozano, Mayor
Ordinance 1386
Page 4
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BALDWIN PARK )
I, Alejandra Avila, City Clerk, of the City of Baldwin Park, do hereby certify that
the foregoing Ordinance No. 1386 was introduced for first reading at a regular meeting
of the City Council held April 20, 2016 and was adopted by the City Council at its
regular meeting and adopted this 7th day of September, 2016 by the following vote:
AYES: COUNCILMEMBERS: Baca, Lozano, Pacheco, Rubio
NOES: COUNCILMEMBERS: None.
ABSENT: COUNCILMEMBERS: Garcia.
ABSTAIN: COUNCILMEMBERS: None.
Alejandra ila 11:11Y
City Clerk