CITY COUNCIL AGENDA ITEM
Meeting Date: November 25, 2003
Subject/Title: Second reading and adoption of Ordinance No. 766 amending
Section 2.36.080 of the Municipal Code authorizing the City Manager to
adjust certain processing fees for nonprofit businesses or organizations.
Submitted by: Community Development/Administration Departments (M.
Approved by: John Stevenson, City Manager
That the City Council waive second reading and adopt Ordinance No. 766
amending Section 2.36.080 of the Municipal Code authorizing the City Manager
to adjust certain processing fees.
On October 28, 2003, the City Council approved the first reading of
Ordinance No. 766.
Existing provisions in certain ordinances and resolutions of the City
authorize adjustment and exemptions for certain fees, such as the business
license tax. There are no such provisions for the adjustment of processing
fees, including fees for Temporary Use Permits, Conditional Use Permits, and
The Mayor has recently requested that staff adjust a Temporary Use Permit
processing fee for a nonprofit organization. This amendment is responsive to
the Mayor’s request in that it will allow the City Manager to adjust such
processing fees, but only for nonprofit businesses or organizations. Such
nonprofits typically provide positive services that benefit the community.
Nonprofit businesses or organizations constitute a small percentage of those
which pay processing fees to the City. While this amendment could result in
the reduction of some processing fee revenues to the City, staff does not
anticipate that this would pose a significant impact to the City’s fiscal
Ordinance No. 766
ORDINANCE NO. 766
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING SECTION
2.36.080 (CITY MANAGER POWERS AND DUTIES) OF THE MUNICIPAL CODE, TO
AUTHORIZE THE CITY MANAGER TO ADJUST PROCESSING FEES.
WHEREAS, the City Council has adopted ordinances and resolutions
establishing and revising fees required to be paid for processing various
City applications, including for development review and land use
WHEREAS, Brentwood Municipal Code §§16.130.010 et seq., provides for the
payment of public facility impact fees; and
WHEREAS, the City Council has periodically revised development fees for
public facilities, including the revisions contained in Resolutions 89-56,
93-96, 95-201, 97-217, 98-85, 99-179, 99-212, 2198, 2202, 2220, and 2969;
WHEREAS, said resolutions were based on information contained in detailed
studies of the impacts of future growth on local facilities entitled
“Brentwood Capital Improvements Costs and Basis of Development Fees” for
1989, 1993, 1995, 1997, 1998, 1999, 2000, 2001, and 2002 respectively (the
“Development Fee Programs”); and
WHEREAS, Section 2.36.080 of the Brentwood Municipal Code Section
establishes the powers and duties of the City Manager; and
WHEREAS, certain provisions exist in adopted ordinances and resolutions that
authorize exemptions and adjustment powers for certain fees, including
Sections 5.04.030 and 5.04.170 of the Municipal Code; and
WHEREAS, a public hearing has been noticed and held in accordance with
Government Code Sections 66016, 66017 and 66018; and
WHEREAS, the City Council has considered the information provided to it by
those testifying at the public hearing, and has reviewed and considered the
information provided in the staff report and staff presentation related to
adjustment of certain fees.
NOW, THEREFORE, the City Council of the City of Brentwood ordains as
SECTION 1. The foregoing recitals and staff report are found and determined
to be true and correct.
SECTION 2. The Council finds as follows:
A. The purpose of development fees is to finance public facilities and
services to reduce the impacts caused by future development in the City of
B. In certain situations, where it can be demonstrated to be in the best
interest of the overall community welfare, it is appropriate that the City
Manager be authorized to adjust processing fees, only for the benefit of
charitable, religious, or nonprofit purposes and from which profit is not
derived, as demonstrated for good cause shown.
C. After considering the information prepared by City staff and the
testimony received at this public hearing, the Council approves the
authorization of the City Manager to adjust certain processing fees, and
that these adjustments are consistent with the City’s General Plan, and all
other regulations and policies.
SECTION 3. Exemption from California Environmental Quality Act (CEQA):
The City Council finds that CEQA does not apply to the adoption of this
Ordinance, pursuant to Sections 15061 and 15273 of the State CEQA Guidelines
A. CEQA does not apply to the establishment, modification, structuring,
restructuring or approval of rates and other charges by public agencies
which the public agency finds are for the purpose of meeting operating
expenses, or obtaining funds for capital projects.
B. To the extent that any adjusted fees authorized by this Ordinance will be
used to fund new facilities, the construction of those facilities will not
take place until there has been CEQA review of the development projects that
will pay the fees, and the construction of each facility will be subject to
CEQA review. Therefore, it can be seen with certainty that the adoption of
this Ordinance authorizing the adjustment of fees will not have a
significant effect on the environment.
SECTION 4. Section 2.36.080 relating to Powers and Duties of the City
Manager is hereby amended to add the following text to the Brentwood
Municipal Code as follows:
T. To adjust the amount of processing fees; find alternative means of paying
processing fees; extend the time for payment of processing fees; and/or make
refunds or prorations of processing fees paid. Such action shall only be for
any business, or activity of any institution or organization recognized by a
tax board of the State with a “Statement of Domestic Non-Profit
Organization,” or the Federal Internal Revenue Service as being conducted
wholly for the benefit of charitable, religious, or nonprofit purposes and
from which profit is not derived, either directly or indirectly, by any
individual or organization. Such action shall only be taken for good cause
U. To determine the processing fees appropriate for projects that do not fit
within the typical and regular processing fee categories listed in the fee
resolutions and ordinances of the City.
V. Nothing in this Section shall be construed to affect the City’s
discretion, upon proper application for senior housing, congregate care
facilities or affordable housing pursuant to Government Code Section 65915,
and/or Municipal Code Chapter 17.725, to adjust related development fees.
SECTION 5. This Ordinance shall take effect and be in force thirty days
following its adoption and, prior to the expiration of fifteen days after
its adoption, it shall be published once with the names of the council
members voting for and against it in a newspaper of general circulation,
available in the City of Brentwood.
SECTION 6. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of a court of competent jurisdiction, the holding shall not affect
the validity or enforceability of the remaining provisions, and the council
declares that it would have adopted each provision of this ordinance
irrespective of the validity of any other provision.
SECTION 7. Any judicial review of this Ordinance shall be by writ of mandate
under Code of Civil Procedure 1085. Any action or proceeding seeking to
attack, review, set aside, void or annul this ordinance shall be commenced
within 90 days after the adoption of this Ordinance.
SECTION 8. This Ordinance shall be published in accordance with Government
Code Section 36933 by either posting or publishing the ordinance in
accordance with that law. Further, the City Clerk is directed to cause
Section 4 of this Ordinance to be entered in the Brentwood Municipal Code.
THIS ORDINANCE was introduced with first reading waived at a regular meeting
of the Brentwood City Council on the 28th day of October 2003, and adopted
at a regular meeting of the Brentwood City Council on the 25th day of
November 2003 by the following vote: