HomeMy WebLinkAbout2003-12-16; City Council; 17424; Amend Code Requirements of Mitigation Fee ActI' CITY OF CARLSBAD -AGENDA BILL c
AB # 17,424
MTG. 12-16-03
ADOPTION OF ORDINANCE NO. NS-685 DEPT.HD. 3'6f AMENDING THE CARLSBAD MUNICIPAL
CODE TO REFLECT REQUIREMENTS OF THE ClTYATTY-
DEPT. CLK MITIGATION FEE ACT CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-685 amending Title 21, Chapter 21.70 of the Carlsbad Municipal
Code by adding Section 21.70.025, requiring the City to follow the accounting and reporting
requirements of the Mitigation Fee Act for any fees or costs recovered associated with a
development agreement.
ITEM EXPLANATION:
Ordinance No. NS-685 was introduced and first read at the City Council meeting held on
December 9, 2003. The second reading allows the City Council to adopt the ordinance,
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,402 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-685.
DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927, jbrei@ci.carlsbad.ca.us
ORDINANCE NO. NS-685
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 ,
CHAPTER 21.70 OF THE CARLSBAD MUNICIPAL CODE
BY ADDING SECTION 21.70.025, REQUIRING THE CITY
TO FOLLOW THE ACCOUNTING AND REPORTING
REQUIREMENTS OF THE MITIGATION FEE ACT FOR
ANY FEES OR COSTS RECOVERED ASSOCIATED
WITH A DFVFl OPMFNT AGRFFMFNT
The City Council of the City of Carlsbad, California, does ordain as
fol tows:
SECTION 1: That Title 21, Chapter 21.70 of the Carlsbad Municipal
Code is amended to add section 21.70.025 to read as follows:
“7ZQ. -
(a) For any development agreement entered into on or after January 1,
2004, the City shall comply with Government Code section 66006 et. seq., the
Mitigation Fee Act, with respect to any fee it receives or costs it recovers pursuant
to this chapter.
(b) The Mitigation Fee Act requires the City to deposit developer fees or
costs reimbursements collected associated with the development agreement into a
separate capital facilities account or fund and spend the money only for the
purpose for which it was collected. The City must provide an annual public report
accounting for these funds.
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption, and the City Clerk shall certify the adoption of this ordinance and
cause it to be published at least once in a newspaper of general circulation in the
City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 9th day of December , 2003, and
thereafter
ill1
PASSED AND ADOPTED at a regular meeting of the City Council of
day of DECEMBER . , 2003, by the following the City of Carlsbad on the
vote, to wit:
16th
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Finnila, Kulchin, Hall and Packard
APPROVED AS TO FORM AND LEGALITY
I
LD R. BALL, City Attorney
2f/f/63
ATTEST:
i
(SEAL)
age 2 of 2 of Ordinance No. NS-685
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