HomeMy WebLinkAbout42-Workshop
~
o
o
l
1986-87
Cultural Development Fees Collected
1986-87 Arts Funding Budget . .
Carry-over from 1985-86 Budget
.
. .
. . . . . . $159,538.43
. . . . . . . 75,000.00
. . . 18.577.00
$ 93,577.00
. .
Arts Funding Allocations ..
Inland Empire Symphony
S.B. Valley Concert Ass'n.
Community Arts Productions
Norm Baffrey/Roosevelt Bowl
Cal State Theater Arts
Ballet Folklorical Cultural
Links, Inc.
Arrowhead Opera
. . . . . . . .
$ 28,000.00
4,500.00
17 ,500.00
6,000.00
6,400.00
3,500.00
1,600.00
5.600.00
Cultural Development Fees
Arts Funding Allocations
Balance . . . . . . . .
.
. . . . .
$ 73,100.00
. . . $159,538.43
. . - 73.100.00
. . $ 86,438.43
+ 18.571'.00
$105,015.43
. .
. . . . . . .
Carry-over from 1985-86 Budget
Total 1986-87 Available
. . . .
. . . . .
. . . . . . . . . .
1987-88
Cultural Development Fees
Total Available . . . . .
Arts Funding Budget . . .
collected to date 14/21/88) . . .
. . . . . . . . . . . . . .
$280.761.98
$385,777.41
. . . . .
$200,000.00
1987-88 Allocations . . . . . . . .
Metropolitan Opera/Western Reg.
Sinfonia Mexicana
Inland Symphony Assn.
Community Arts Productions
Coleminers Cloggers
Evergreen Singers
Canto Bello Chorale
Ballet FOlklorico
Inland Master Chorale
Arrowhead Opera Institute
More Attractive Community
Black Culture Foundation
Junior University
Sturges Center Theatre Co.
Black History Week
S.B. Valley Community Concert Assn.
$ 4,000.00
5,000.00
20,000.00
32,500.00
1,000.00
5,100.00
3,000.00
5,000.00
700.00
4,675.00
7,000.00
450.00
1,800.00
10,000.00
8,000.00
8.000.00
Total Allocated
$116,225.00
Total Available At Present
$269,552.41
LicJ.
~
o
o
\.
Balance forward:
Junior University/$15,000
Inland Lions Club/ 5,000
AARP
/ 3.000
23.000.00
BALANCE:
Meeting of Friday, May 13, 1988 the following
grant recommendations were made:
Roosevelt Bowl 6,000
Sinfonia Mexicana 15,000
Inland Empire
Symphony
40,000
61. 000.00
PRESENT BALANCE:
$269.552.41
$246.552.41
$185.552.41
,
MEASURE :
AUTHOR(S)
TOPIC
+LAST AMENDED DATE
INA
LAST HISTORY
ACTION DATE
LAST HIST. ACTION
TITLE
o
o
PAGE
1
CURRENT BILL STATUS
01010000
A.B. No. 1600
Cortese, Bader, Ferguson, and Leonard (Senator
Bergeson, coauthor).
Development projects: fees
08/26/87
NUR NAP MAJ LOC FIS
09/22/87
Chaptered by Secretary of State - Chapter
Statutes of 1987.
927,
"
An act to add Chapter 5 (commencing with Section 66000)
to Division 1 of Title 7 of the Government Code,
relating to development projects.
~~
o
.
BILL NUMBER: AB 1600
BILL TEXT
CHAPTER
APPROVED BY GOVERNOR
FILED WITH SECRETARY OF STATE
PASSED THE ASSEMBLY
PASSED THE SENATE
AMENDED IN SENATE
AMENDED IN SENATE
AMENDED IN SENATE
AMENDED IN ASSEMBLY
AMENDED IN ASSEMBLY
o
PAGE 1
927
SEPTEMBER 21, 1987
SEPTEMBER 22, 1987
SEPTEMBER 8, 1987
SEPTEMBER 2, 1987
AUGUST 26, 1987
AUGUST 18, 1987
JULY 1, 1987
MAY 7, 1987
APRIL 6, 1987
~
INTRODUCED BY Assembly Members Cortese, Bader, Ferguson, and Leonard
(Coauthor: Senator Bergeson)
MARCH 5, 1987
An act to add Chapter 5 (commenc1ng w1th Sect10n 66000) to D1v1s1on 1 of
T1tle 7 of the Government Code, relat1ng to development projects.
LEGISLATIVE COUNSEL'S DIGEST
AB 1600, Cortese. Development projects: fees.
(I) Ex1st1ng law 1mposes var10us requ1rements w1th respect to fees exacted
1n connect1on w1th land development approvals by pub11c agenc1es.
Th1s b1ll would, w1th certa1n except1ons, requ1re spec1f1ed local agenc1es
estab11shing, 1ncre&s1ng, or 1mpos1ng fees (not 1nclud1ng taxes or
assessments) for spec1f1ed pub11c 1mprovements, serv1ces, or commun1ty
amen1t1es to be collected from appl1cants for approval of development projects
to make spec1f1ed f1nd1ngs, segregate the fees 1n spec1al accounts, reexam1ne
the necess1ty for the unexpended balance of the fee, as spec1f1ed, every 5
years, and refund to the then current owner or owners of the development
project any unexpended port1on of the fee for which need cannot be
o
o
,
PAGE 2
BILL NUMBER: AB 1600
BILL TEXT
demonstrated at the time of this review, together with any accrued interest.
The bill would permit various methods of refund, and would permit a local
agency to utilize moneys otherwise subject to refund for other purposes
serving the development project for which the fee was paid if the cost of
making the refund exceeds its amount, as determined at a noticed public
hearing. The above requirements would impose a state-mandated local program~
Local agencies imposing these fees for defined facilities or improvements '
would be authorized to adopt and annually review a specified capital
facilities plan. The bill would become operative January I, 1989.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement,
including the creation of a State Mandates Claims Fund to pay the costs of
mandates which do not exceed $500,000 statewide and other procedures for
claims whose statewide costs exceed $500,000.
This bill would declare that there are no costs in this act requiring
reimbursement, but would recognize that local agencies and school districts
may pursue any available remedies to seek reimbursement for these costs.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section 66000) is added to Division
1 of Title 7 of the Government Code, to read:
CHAPTER 5. FEES FOR DEVELOPMENT PROJECTS
66000. As used 1n this chapter:
(a) 'Development project' means any project undertaken for the purpose of
development. 'Development project' includes a project involving the 1ssuance
of a permit for construction or reconstruction, but not a permit to operate.
(b) 'Fee' means a monetary exaction, other than a tax or special
assessment, which is charged by a local agency to the applicant in connection
with approval of a development project for the purpose of defraying all or a
portion of the cost of public facilities related to the development project,
but does not include fees specified in Section 66477, fees for processing
applications for governmental regulatory actions or approvals, or fees
collected under development agreements adopted pursuant to Article 2.5
(commencing with Section 65864) of Chapter 4.
(c) 'Local agency' means a county, city, whether general law or chartered,
city and county, school district, special district, or any other munic1pal
public corporation or district; provided that 'local agency' does not include
a school district if Senate Bill No. 97 of the 1987-88 Regular Session is
enacted and becomes effective on or before January I, 1988.
o
o
, .
PAGE
3
BILL NUMBER: AS 1600
BILL TEXT
(d) 'Pub11c fac1l1t1es' 1ncludes pub11c 1mprovements, pUb11c services, and
commun1ty amen1t1es.
66001. (a) In any act10n estab11shing, 1ncreas1ng, or 1mpos1ng a fee as a
cond1t1on of approval of a development project by a local agency on or after
January I, 1989, the local agency shall do all of the follow1ng:
(1) Ident1fy the purpose of the fee.
(2) Ident1fy the use to wh1ch the fee 1s to be put. If the use 1s
f1nanc1ng pUb11c fac1l1t1es, the fac1l1t1es shall be 1dent1f1ed. That
1dent1f1cat10n may, but need not, be made by reference to a cap1tal
~'
,.
1mprovement planas spec1f1ed 1n Sect10ns 65403 or 66002, may be made 1n
app11cable general or spec1f1c plan requ1rements, or may be made 1n other
pub11c documents that 1dent1fy the pub11c fac1l1t1es for which the fee 1s
charged.
(3) Determ1ne how there ls a reasonable relatlonship between the fee's use
lnd the type of development project on which the fee 1s 1mposed.
(4) Determ1ne how there ls a reasonable relat10nship between the need for
the pub11c faci11ty and the type of development project on which the fee 1s
1mposed.
(b) In any act10n impos1ng a fee as a cond1t10n of approval of a
development project by a local agency on or after January" I, 1989, the local'
agency shall determ1ne how there 1s a reasonable relat10nship between the
amount of the fee and the cost of the pub11c fac1lity or port1on of the pub11c
fac1lity attributable to the development on which the fee 1s 1mposed.
(c) Upon receipt of a fee subject to th1s sect10n, the local agency shall
depos1t, 1nvest, account for, and expend the fees pursuant to Sect10n 53077.
(d) The local agency shall make findings once each f1scal year w1th respect
to any port10n of the fee rema1n1ng unexpended or uncomm1tted in its account
five or more years after deposit of the fee to 1dent1fy the purpose to wh1ch
the fee is to be put and to demonstrate a reasonable relat10nship between the
fee and the purpose for which lt was charged. The f1nd1ngs requ1red by this
subd1v1s10n need only be made for moneys 1n the possesslon of the local agency
and need not be made wlth respect to letters of cred1t, bonds, or other
lnstruments taken to secure payment of the fee at a future date.
(e) The local agency shall refund to the then current record owner or
owners of the development project or projects on a prorated basis the
unexpended or uncommltted portion of the fee, and any lnterest accrued
thereon, for which need cannot be demonstrated pursuant to thls subdivis10n.
A local agency may refund the unexpended or uncommltted revenues by dlrect
payment, by provldlng a temporary suspenslon of fees, or by any other means
consistent wlth the lntent of th1s sect10n. The determ1natlon by the
govern1ng body of the local agency of the means by which those revenues are to
be refunded 1s a leg1slat1ve act.
If the adm1n1stratlve costs of refund1ng unexpended or uncomm1tted revenues
pursuant to this subd1vislon exceed the amount to be refunded, the local
agency, after a pub11c hearing, notlce of which has been pub11shed pursuant to
Sect10n 6061 and posted ln three prom1nent places with1n the area of the
o
o
,
, .
PAGE 4
BILL NUMBER: AB 1600
BILL TEXT
development project, may determine that the revenues shall be allocated for
some other purpose for which fees are collected subject to this chapter and
which serves the project on which ,the fee was originally imposed.
66002. (a) Any local agency which levies a fee subject to Section 66001
may adopt a capital improvement plan, which shall indicate the approximate
location, size, time of availability, and estimates of cost for all facilitie&
or improvements to be financed with the fees. ~
(b) The capital improvement plan shall be adopted by, and shall be annually
updated by, a resolution of the governing body of the local agency adopted at
a noticed public hearing. Notice of the hearing shall be given pursuant to
Section 65090. In addition, mailed notice shall be given to any city or
county which may be significantly affected by the capital improvement plan.
This notice shall be given no later than the date the local agency notices the
public hearing pursuant to Section 65090. The information in the notice
shall be not less than the information contained in the notice of public
hearing and shall be given by first-class mail or personal delivery.
(c) 'FaCility' or 'improvement,' as used in this section, means any of the
foIl owing:
(1) Public buildings, including schools and related f~cilities; provided
that school facilities shall not be included if Senate Bill 97 of the 1987-88
Regular Session is enacted and becomes effective on or before January 1, 1988.
(2) Facilities for the storage, treatment, and distribution of
nonagricultural water.
(3) Facilities for the collection, treatment, reclamation, and disposal of
sewage.
(4) Facilities for the collection and disposal of storm waters and for
flood control purposes.
(5) Facilities for the generation of electricity and the distribution of
gas and electricity.
(6) Transportation and transit facilities, including but not limited to
streets and supporting improvements, roads, overpasses, bridges, harbors,
ports, airports, and related facilities.
(7) Parks and recreation facilities.
(8) Any other capital project identified in the capital facilities plan
adopted pursuant to Section 66002.
66003. This chapter does not apply to a fee imposed pursuant to a
reimbursement agreement by and between a city or county and a property owner
or developer for that portion of the cost of a public facility paid by the
property owner or developer which exceeds the need for the public facility
attributable to and reasonably related to the development. This chapter shall
become operative on January I, 1989.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of
Article XIIIB of the California Constitution, because this act does not
mandate a new program or higher level of service on local government. It is
recognized, however, that a local agency or school district may pursue any
remedies to obtain reimbursement available to it under Chapter 4 (commencing
with Section 17550) of Part 7 of Division 2 of Title 2 of the Government Code.