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~''i.:",<-, '.' :~""'_~,,~"__ be subject to a public hearing. October 28,1996. 6.1F Page 2 Please see attached staff report and minutes dated If this policy were to be applied today based on the estimated EIR costs of $159,812 then the City's contribution toward the EIR would be $28,766 (180/0 of $159,812)1. As a matter of practice and record, the City has never contributed any public funds toward the preparation of an EIR for a private development. The City is not the developer in this case, nor is there any public benefit as a private roadway will be constructed with retaining walls to serve individual private parcels. In a typical project development, all subdivisions are privately financed. However, in this case and subject to a public hearing on a detailed financing plan, the City Council was willing to consider funding a portion of the study in the hope of lessening the financial burden on the property owners so that they could prepare the EIR and move ahead with some development. The City Attorney's Office has previously advised Planning staff that the administrative record of the October 28, 1996, City Council meeting has no discussion of Resolution 6882 adopted on April 3, 1973. Resolution 6882 Establishina Obiectives. Criteria. and Procedures for the Evaluation of Certain Proiects and the Preosration of Environmental Imoact ReDOrts was adopted pursuant to Public Resources Code section.21 082 requiring publiC agencies to adopt their own objectives, criteria and procedures consistent with the Secretary of the California Resources Agency guidelines for the implementation of the California Environmental Quality Act of 1970. Section 21082 provides in relevant part, "All public agencies shall adopt by ordinance, resolution, rule or regulation, objectives, criteria and procedures for the evaluation of projects and the preparation of environmental impact reports and negative declarations..." Of note, Section 4 of Resolution 6882, as amended, establishes a schedule of fees: (a) Fees for Initial Study, Negative Declaration: For any proposed project defined in paragraph 2 (r) (if) (3) hereof, which is not subject to a categorical or emergency exemption, an aODlicant shall Dav ..." (b) Fee for Preparation of Environmental Impact Report: For a project which requires the preparation of an environmental impact report, an aDDlicant shall Dav. ..; and (c) Fee for Preparation by Consultant, Administration Fee: In the event a negative declaration or environmental impact report is to be prepared by a consultant pursuant to the provisions of paragraph 7(b) (2), or paragraph 7 (c) (3), below, the aDDlicant shall Dav... In addition to the foregoing amount to be paid for the preparation of the environmental impact report by a consultant, the applicant shall pay to the City an administration fee in the amount of $100 or ten percent of the actual amount paid by the City to the consultant..." Nowhere within Section 4 of Resolution No. 6882, as amended, is there any authorization for public funds to be used to offset the obligation of a project proponent to pay the fees related to preparation of an EIR. Subsequent to the above Resolution, the City prepared CEQA Guidelines dated May 23, 1 Since the EIR budget was approved for this project the consultant has requested a substantial budget increase due to the complexity of the project and additional needed work. If the City approves this budget augment, then the City's 18% contribution could be even more.