Loading...
HomeMy WebLinkAbout1983-02-24; Chapter 1.24 Committee Ad Hoc; MinutesMINUTES Meeting of: CHAPTER 1.24 C9MMMITTEE Time of Meeting: 8:30 A.M. Date of Meeting: February 24, 1983 Place of Meeting: City Council Chambers The following Committee Members were present: Mary Casler, Chairman Ann Kulchin, Council Member Michael Straub A.J. Skotnicki Patrick O'Day Margie Cool Alan Feld Absent: None The Committee discussed and determined to consider the minutes and the draft guidelines separately. I1 . APPROVAL OF MINUTES : The February 17, 1983, minutes were approved as submitted. AYES : Casler, Kulchin, Straub, Skotnicki, O'Day, Cool, and NOES : None Felcl. 111. A. Review Draft Guidelines The City Attorney referenced paragraph three of the draft guideline number two and indicated that the words "similar to those funds" should be added following the words "all other monies". Mr. Skotnicki referenced draft guideline number one and expressed the opinion that the committee had only addressed the Parking Authority, Building Authority, and Housing and Redevelopment Commission, and did not consider any not yet created. He suggested that the guideline be clarified regarding which entities specifically are included and which are specifically excluded. He reiterated his previously stated opinion that the City means the City of Carlsbad and everything that the City can do since the City creates the corporations and appoints the people who sit in charge. CHAPTER 1.24 COMMITTEE MINUTE S Page 2 February 24, 1983 Chairman Casler stated that the action of the committee, at their previous meeting, reflected the determination that the Parking Authority, Building Authority and Housing and Redevelopment Commission were exempt from the Ordinance. She indicated that the people voted for the Ordinance, the Ordinance is not clear, and the committee is charged with the duty of determining what is in the Ordinance. Mr. O'Day expressed the opinion that given the face of the ordinance alone, the committee is trying to interpret it. He indicated that the City of Carlsbad either means the City or it means more than that. Mr.'Skotnicki made a motion that draft guide,line number one be modified to redefine the guideline as "the City of Carlsbad" means the City of Carlsbad as it existed on the date that the ordinance became effective. The motion died for lack of a second. The committee approved the draft guidelines as presented, with the addition of the words "similar to those funds" following the words "and all other monies'' in guideline number two. AYE S : Casler, Kulchin, Straub, O'Day, Cool, and Feld NOE S : Skotnicki Chairman Casler then indicated. that as a result of the discussions of the previous meeting, she had looked up the definitions of the words "fees" and "taxes", and she read same to the committee. Public Facilities Fee (PFF) Mr. Straub expressed the opinion that it is a fee, rather than a tax, and people are not required to pay the fee unless they build in the City. In addition, he questioned whether there is currently money in that fund that was previously transferred out of the General Fund. Staff responded in the negative. The City Attorney expressed the opinion that if half of a new facility were required to provide service to new development, and half were to replace the existing facility, funds from the public facilities fee would be used to finance the half of the facility attributable to new development, and general fund monies would be used to finance the half of the facility being constructed to replace the existing facility. .. CHAPTER 1.24 COMMITTEE MINUTES Page 3 February 24, 1983 He continued indicating that if general fund contribution for that new facility is more than one million dollars, then it would come under the ordinance. Mr. Straub expressed concern that Council would always be able to find a way to keep the general fund contribution to a project at an amount less than one million dollars in order to avoid the ordinance. The City Attorney briefly explained how the fee was established using current service standards to projected population figures. Mr. O'Day suggested that a study be done for each project in order to determine and justify how much of which funds would be appropriate for that project. He suggested the study would be similar to a financial impact report, and would examine each project to determine what portion of the project is necessary to serve new development, and what portion is necessary for replacing an existing facility, and thereby assisting in the determination of the appropriate funds to be utilized. The City Attorney expressed agreement and indicated that such studies have to be done because charging costs to-certain funds have to be justified and based on factual information. Mr. Skotnicki stated that the funds currently in the general capital construction fund came from previous surplus funds of the City, and it is not likely that surplus funds will be available in the future. He stated the word "tax" was not used in development of the ordinance because what was meant was City funds and not City taxes. He further stated that by the term "all other monies", what was meant was PFF. He stated that the drafters of the ordinance were trying to use a term meaning all funds that the City Council spends. He noted that any kind of fee that comes in to the City becomes a public fund and the Council can say how or for what purpose that money is spent; therefore, the.public should have a say in how those funds are spent. Chairman Casler again stated that the Committee must look at the words of the ordinance, and not try to determine what the voters were thinking when they voted for the ordinance. Tom Hageman, Research Analysis, informed the Committee that the City currently has in existence and operation the public facilities management system which operates in accordance with criteria which have been established by the City Council. He CHAPTER 1.24 COMMITTEE MINUTES Page 4 February 24, 1983 indicated that the system is an important part of the decision making process in the capital budget, and includes all fees necesary when looking at when and where a facility is needed. The City Attorney indicated the public facilities fee is a fee and can only be used for that which it had been collected. Mrs. Cool expressed the opinion that if a vote were required on a project for which public facilities fee funds had been collected, and the project were voted down by voters living in the part of the City which is already established, that it would be counter to the purpose of the fee. She stated that if a fee has been exacted for a specific purpose, it should be applied for that purpose. The Committee determined that the public facilities fees are exempt, and not subject to the ordinance. AYES: Casler, Kulchin, Straub, O'Day, Cool and Feld NOES: Skotnick i Gifts The City Attorney indicated that the matter of gifts should be addressed by the Committee. In the event that somebody wants to give the City one million for a specific project, should a vote of the people be required. Brief discussion reflected that if the one million dollar gift were for a specific project, a vote should not be required, however, if the funds were not donated for a specific project, a vote would be required. The Committee determined that gifts which are donated to the City for a specific purpose are not subject to the ordinance, but if given for general purposes, they would be subject to the ordinance and require a vote of the people. AYES: Casler, Kulchin, Straub, Skotnicki, O'Day, Cool and Feld NOES: None Water Enterprise and Sewer Construction Funds The City Attorney explained briefly the water enterprise fund, and indicated that state law limits the purposes for which the funds can be used. t C APTER 1.24 COMl ITTEE INUTES Page 5 February 24, 1983 The City Manager stated that funds received from sewer connections have gone into a sewer construction fund, and are restricted to sewer capital projects. Chairman Casler indicated that while sewer connection fees have been collected in a sewer construction fund, there are monthly sewer charges paid by all who are connected to the sewer system. The City Manager indicated that the intention in this years budget was to create a sewer enterprise fund for the placement of these monthly sewer charges. Those funds, then, would be used for maintenance and operation of sewer lines and facilities. Mr. Skotnicki indicated that the ordinance was designed to affect new projects. He indicated if it is the City's intent to build a new water plant, it is a new project, and subject to the ordinance. Due to the time, the Committee agreed to begin their next meeting with discussion of the sewer and water funds. The Cornnittee adjourned to Thursday, March 3, 1983, at 8:30 a.m., in the Council Chambers. Respectfully Submitted, LEE 22 RAUTENKRANZ fl&?--J v City Clerk