City of Brentwood
Home PageContact Us!Back

City Administration

2010 Council Goals and Strategic Plan | City Council Members | Calendar of Events | Elections
eNotification | Sub-Committees| Pledge of Allegiance Sign Ups | Invocation Sign Up
Live Streaming Council Meeting | Streaming PC Help |
Streaming Mac Help |

Current Council Agenda and Past Meeting Information

Past Agendas

CITY COUNCIL AGENDA ITEM NO. 3

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. Oshinsky/K. Stein)

Approved by: John Stevenson, City Manager

RECOMMENDATION
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.

PREVIOUS ACTION
On October 28, 2003, the City Council approved the first reading of Ordinance No. 766.

BACKGROUND
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 Parade Permits.

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.

FISCAL IMPACT
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 health.

Attachment:
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 applications; and

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; and

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 follows:

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 Brentwood.

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 because:

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 shown.

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:
 

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov