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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 Page 3 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