AgdaPkt 2009-03-23 - Laserfiche WebLink

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6.28 Page 1 II. .;............... ...:.::......'.:...:.......01..: , ,'. . ,.; . ',' ," ";.. .... . ..... . .... ".. '.'~ . ..'. . .' ',.' " . : ...~<.,i;.,,'~".~,.\".::.:.;:>::i';:.A...~,,:<i..;,.: .... . . . . . . . ". '. .. . . . . . '. . . . . . . . . .. - .. . . ..... . . .... . . .' .' . . . . . .., . .' .' '. . To.the.HonoraQt':,~ic'*~: March 23, 2009 SUBJECT Canada College - Capital Facilities Fees Reduction RECOMMENDA TIOH . Approve the request from Canada College for the reduction of capital facilities fees related to the development of the Canada Vista Employee Housing Project and adopt a resolution to accept these reduced fees. BACKGROUND The San Mateo County Community College District (SMCCCD) is the lead agency responsible for a 60 unit multifamily housing project (the Canada Vista Employee Housing Project) development on a 3.3 acre parcel which was annexed to the City of Redwood City from the Town of Woodside. This project will house school district faculty and staff members, thereby reducing vehicle trips, commute time and costs for faculty and staff employed by the SMCCCD. California Government Code ~ 54999 limits the city's authority to impose capital facilities fees on public education agencies and other public entities including the San Mateo County Community College District. In these cases, capital facilities fees are limited to an amount sufficient to "defray the actual construction costs of that portion of a public utility facility actually serving the [educational entity]," rather than imposing an assessment (California Government Code ~ 54999.3). The law requires the city and the SMCCCD to reach agreement through negotiation on an appropriate amount for capital facilities fees. Because the city's capital facilities fees are calculated as set forth in Chapters 27 and 38 of the Redwood City Municipal Code, action by Council is required to alter these fees for SMCCCD pursuant to the requirements of state law. At the request of SMCCCD and San Mateo County Counsel, discussions have been ongoing with city staff regarding reduction of fees allowable under Government Code ~ 54999. The project is currently exempt from transportation and park impact fees by municipal ordinance. SMCCCD requested a 500/0 reduction of capital facilities fees which include the following: Waste Water Capital Facilities Fee (Municipal Code 9 27.101), Water Capacity Charge (Municipal Code ~ 38.15), and Waste Water Treatment Capacity Fee. However, the Waste Water Treatment Capacity Fee cannot be waived or reduced as this fee is forwarded to the South Bayside System Authority to purchase the additional sewage treatment plant capacity to accommodate this project's demand.