AGREEMENT FOR LIBRARY COLLECTION OF IMPACT FEE
This Agreement is made and entered into to be effective the 15th day of November, 2022, by and between the City of Placentia ("City") and the Placentia Library District ("District").
RECITALS
Whereas, on August 15, 2022, following publication of notice and holding of a public hearing in accordance with applicable law, the District adopted Resolution 2022-05, a true and correct copy of which is attached hereto as Exhibit "A", establishing a Library Facilities Impact Fee (the "Fee") to be imposed upon persons seeking a City development approval; and Whereas, the District's establishment of the Fee was based on the information contained in that certain "Library Impact Fee Nexus Study Update, dated July 2022 (the "Report"), establishes the basis for the imposition of Impact Fees for new development in compliance with Govt. Code § 66001: and
Whereas, District represents that its adoption of Resolution 2022-05 complied with all applicable laws; and
Whereas, the District desires the City's assistance in facilitating the collection of the Fee and the City agrees to provide such assistance as set forth in this Agreement.
Now, therefore, in consideration of the promises and mutual benefits which will result to the parties in carrying out the terms of this Agreement, it is mutually agreed as follows:
AGREEMENT
1. Collection of the Fee. For the term of this Agreement and so long as the Fee shall be in effect, the City shall require any person that applies for development to which the Fee applies to provide evidence to City of payment of the Fee to the District. City shall require such persons to provide evidence of payment at the following times:
a. For residential development: Prior to the date of final inspection or the issuance of a certificate of occupancy, whichever occurs first. For residential projects containing more than one dwelling unit, the Fee for the entirety of the project shall be paid prior to the date the first dwelling unit within the project receives its final inspection or certificate of occupancy, whichever occurs first.
b. For commercial, office, and industrial development: Prior to the issuance of a building permit for any phase of the project.
In no event shall City be responsible for directly collecting the Fee.
2. Refunds. District agrees to process and issue any required Fee refunds.
3. City Administrative Fee. The Report identified that four (4) percent of the Fee includes the annual administration of Fee program to offset the cost of District and City administration of 1729856.1
the Fee. District agrees to remit to the City on or before July 1 of each year of this Agreement, one (1) percent of all amounts collected as reimbursement for the City's administrative costs in assisting the District in collection of the Fee.
4. Defense and Indemnification.
District acknowledges that City (both as part of the actions initially adopting the fee and as part of proceedings required periodically by the Mitigation Fee Act) will be relying on studies, reports, and information developed by District in order for (i) its City Council to make findings required by the Mitigation Fee Act (including, but not limited to Section 66001 thereof) and (ii) the City to make available certain information required by the Mitigation Fee Act (including, but not limited to Section 66006 thereof). As such, District shall, at its sole cost and expense, protect, defend, indemnify, and hold harmless City, its Council Members, officers, directors, agents, employees, and volunteers ("City Indemnitees", from any and all demands, claims, actions, liabilities, losses, damages and costs, including payment of reasonable attorneys' fees (collectively, "Claims"), with legal counsel reasonably acceptable to the City, that arise out of or in any way result from:
a. The adoption and imposition of the Fee or the acts or omissions of the District, its Trustees, officers, employees, and agents, relating in any way to the imposition, collection, refunding, and/or accounting of the Fee, or for any acts arising under this Agreement. b. Claims that (i) the rate of any impact fee subject to this Agreement that was set at a level recommended by the Report or request of District is in excess of what is allowed by law, (ii) the City Indemnitees, having adopted such a fee, lacked the authority to adopt the fee or improperly exercised such authority, or (iii) an inflation adjustment to such a fee, having been requested by District and administratively implemented by the City Indemnitees, is in excess of what is permitted by law or has been improperly adopted. c. Claims that (i) the City Indemnitees lacked a proper basis for any required findings or (ii) that any information made public by the City Indemnitees to comply with a requirement of the Mitigation Fee Act is legally insufficient. Further, District agrees to fund any refund that is required by Section 66001(e) of the Government Code.
5. Amendment. This Agreement may be amended by mutual written agreement of the parties.
6. Termination. Either party may terminate this Agreement for any reason upon six (6) months' written notice to the other party. Notice shall be mailed first-class postage prepaid or hand -delivered to the addresses set forth below.
If to the District:
Placentia Library District
411 E. Chapman Avenue
Placentia, CA 92870
Attn: Library Director
2 If to the City:
City of Placentia
401 E. Chapman Avenue
Placentia, CA 92870
Attn: City Administrator
7. Mutual Cooperation. The parties agree to provide such information or take such further actions as are reasonably necessary to effectuate the purposes and intent of this Agreement.
IN WITNESS WHEREOF, the parties enter into this Agreement as of the date set forth above and in executing this Agreement represent that the persons signing on behalf of each party are authorized to bind their respective party to this Agreement.
Placentia Library District City of Placentia
By: By:
President, Library Board of Trustees Damien Arrula
City Administrator
Attest: Attest:
By: By:
Secretary to the Board
Approved as to form:
By: By:
Robert S. McKinnell
City Clerk
Approved as to form:
David DeBerry
District Counsel
3 Christian Bettenhausen
City Attorney
EXHIBIT "A"
District Resolution 2022-05
4 RESOLUTION NO. 2022-05
OF THE BOARD OF TRUSTEES
OF THE PLACENTIA LIBRARY DISTRICT
RESOLUTION APPROVING THE PLACENTIA LIBRARY DISTRICT
LIBRARY IMPACT FEE NEXUS STUDY UPDATE AND REQUESTING THE
PLACENTIA CITY COUNCIL AND IMPLEMENT THE UPDATED LIBRARY
IMPACT FEE PROGRAM ON BEHALF OF THE DISTRICT
WHEREAS, the Board of Trustees ("the District Board") of the Placentia Library District ("District") has determined that current library facilities will not be adequate for future population growth; and
WHEREAS, AB 1600 was adopted and codified in California Government Code Section 66000 et seq. allowing the establishing, increasing, or imposing of a development fee as a condition of approval where the purpose and use of the fee were identified, and reasonable relationship to the development project was demonstrated; and WHEREAS, the District Board approved the District's current library impact fee program on June 26, 2008, by their Resolution No. 08-10; and WHEREAS, the District Board has received and considered the Library Impact Fee Nexus Study Update prepared by SCI Consulting Group dated July 2022, Final Report v1.2 ("Nexus Study Update") that provides all information necessary to meet the requirements of California Government Code Section 66000 et al.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Trustees of the Placentia Library District that:
1) That the foregoing recitals are true and accurate.
2) The District Board hereby receives and approves the Nexus Study Update, which is on file at the District office and incorporated herein by this reference. 3) The District Board hereby finds that prior to the adoption of this Resolution, the Board conducted a public hearing at which oral and written presentations were made, as part of the Board's regularly scheduled August 15, 2022 meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, was published in a newspaper in accordance with Section 6062a of the California Government Code and at least 30 days prior to the meeting. A copy of said Nexus Study Update was mailed to any interested party who had filed a written request with the District for mailed notice of the meeting on new fees within the period specified by law. Additionally, at least 30 days prior to the meeting the District made available to the public the final Nexus Study Update for review.
4) After considering the Nexus Study Update, this Resolution, and after considering the public testimony, the Board hereby makes the following findings; a) The library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution are for the purpose of funding the cost of new or expanded library facilities to meet the needs of the resident population and nonresident employees generated by new development in the District; and b) The library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution will be used to fund the cost of new or expanded library facilities and administrative costs associated with the library impact fee program; and
c) The uses of the library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund new and expanded library facilities to meet the additional demand generated by the residents and employees created by new development. Fee revenue will be deposited into a separate library impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds.
The fee revenue will be restricted to the allowable uses described in Nexus Study Update. These actions ensure that a new development project paying the library impact fee will benefit from its use; and
d) The library impact fees justified by the Nexus Study Update and approved pursuant to this Resolution bear a reasonable relationship to the need for library facilities in that each new development project will generate additional need for library services and the associated need for library facilities. The need is defined by the District's existing level of service standards for such facilities; and
e) The Nexus Study Update demonstrates that there is a reasonable relationship between the amount of the library impact fee and the cost of library facilities attributable to the development on which the fee is imposed. For residential library impact fees, library facility costs are defined on a per capita basis and applied to residential land use categories according to their respective average household size. For nonresidential library impact fees, costs are defined on a per employee basis based on a residential equivalent factor and nonresident employee factor and then applied to nonresidential land use categories according to their respective average employment density.
5) The District Board does hereby approve the following updated library impact fees.
Maximum
Library
Land Use Category Unit 1 Impact Fee
Single -Family Detached Housing BSQFT $0.72
Single -Family Attached Housing BSQFT $1.08
Mult-Family Housing BSQFT $1.81
Mobile Homes BSQFT $1.08
Accessory Dwelling Unit BSQFT See Note 2
Retail / Commercial BSQFT S0.12
Office BSQFT $0.17
Industrial BSQFT $0.08
Notes:
1 BSQFT means living area or building area square feet
2 Accessory dwelling units ("ADUs") 750 square feet or less in size are exempt All other ADUs shall be imposed the effective fee of the existing land use category of the parcel upon which the ADU is constructed.
6) The District Board finds pursuant to the California Environmental Quality Act ("CEQA"), this action is not a "project" because the Resolution provides a mechanism for funding the acquisition and development of library facilities but does not involve a commitment to any specific project for such purposes that may result in a potentially significant impact on the environment. (CEQA Guidelines § 15378.)
7) The District Board formally requests that the City of Placentia ("City") Council adopt and impose the updated library impact fee program on behalf of the District. 8) The library impact fee shall be adjusted automatically without further action by the District Board or the City Council on the first day of each fiscal year by the previous 12 -month percentage change as of April in the Engineering News -Record Construction Cost Index for Los Angeles or its successor publication. 9) The District shall, at its own cost and expense, protect, defend, indemnify, and hold harmless the City, it's Councilmembers, officers, employees, and agents, from any and all costs, claims, judgements, or awards of damages, including attorney's fees, arising out of or in any way resulting from the adoption and imposition of the fee or acts or omission of the District, its officers, trustees, employees, or agents, relating in any way to the imposition, collection, refunding, and/or accounting of the fee.
10) If any portion of this Resolution is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining portions of this Resolution.
PASSED AND ADOPTED this 15th day of August 2022, by the following vote:
AYES: Carline, Beverage, Dahl, Nelson
NOES: None
ABSENT: Martin
ABSTAIN: None
arfuliteard Secretary