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8.A. - Page 84 s.1 F Page 2 be subje� to a public hearing. Please see attached staff report and minutes dated Oc#ober 28, 199E. If this policy were to be appiied today based on the est�mated EIR costs of $959,8�2 then the City's contribution toward the ElR woulcf be $28,766 (18% of $1�9,872��. As a mafter of practice and record, the City has ne�er contributed any p�a�iic €tands tow�rd the prepar�tion of art EIR for a private development. The City is nof the developer in this case, nor is there any p�blic #�enefit as a prr"vate roa�way will be construc�ed wi#h retaining wa11s to senre indi�id�al prEVate parcels. In a typical project developmer�t, alt subdivisians are prir�ate4y financed. Howe�er, in t�is case and subject to a public heas#ng on a defailed frnancing pla�, the Gity Council was willing to considerfund�ng a pvrtior� of the study in t�e �ope of less�r�ing the financiaf burden on the pro�erty owners so that they co�Id prepare the ElR and mo�e ahead wEti� same de�eiopment. The Gi#�+ Attorney's Office �as previously �d�fsed Pianning staff t�at the administr�tir�e record af th� Qctaber 28, 1996, City Counci� me��ing has no discussion of Resolution 6882 adop#ed on Aprit 3, 1973. Resolufion 6882 �sfablishina Obiectives. Criteria. and Procedures for the Ev2�fu�tion of Cert�in Prv�ects ar�d the Preparatio�n of Enviro�menfal lmpact Renor�s was adop��d pursuan# to Public Resourc�s Code section 29082 requiring pubfic agencies #o adapt tF�eir awn objectives, crit�ria and procedures consis#enfi with the Secretary of the California Resources Agency guidelines for the implementation of the California Environrnen#al Q�aality Act of 1970. Section 21082 Provides in r�:le�ant part, "A!I pu�iic agenc�es shail adop# by ordirtance, resolution, n.€le or regulation, abjectives, criteria and pracedures #or the evaluation of projects and the preparation of environmental impa� reports and negative declara�ions... 4f not�, Sectia�n 4 of R�solu#ivn fi8�2, as �mended, estabfis�es a schedule of fees: (a) Fees for Initia� Study, Negative Qeclaration: Far any propos�d projectdefined ir� paragraph 2(r) (if� (3) �e�of, which is nof subject tc� a eategoricaf ar emergency exem�tion, ar� applicar�t shal� �av ..,,' (b� Fee for Preparat"ron of Environmental (mpact Repart: For a proje� rn►��ch rec}uires the preparafian of an er��ironrnenta� impact r�port an aqplican� Shal1 R�v,... ; and {c} Fee for Preparatio� by Consultant, Adminis#ration �ee: �rt the e�ent a negati�e declaration or enrrironmental imp�ct report is to be prepared by a cvnsulfanfi pursuant to the pra�►isions of p�ragraph 7(b) (2), ar p�cagraph 7{c) (3), befow, the applican# shai! pav.... In adcfition to tf�e foregaing amoun# to be �aid for the preparat�on of the environmenta� impa�t report by a consultant, the applicant shalf pay to the Ci"iy an administratian fee in the amount of $10Q or ten percent of the actual amount paid by the City to th� consultant..." Nowhere within Section 4 of Reso�ution No. �882, as amended, is there any authori�atian for pub�ic funds to be us�c� ta offset the obligation af a project proponent #o pay #he fees related ta preparation of an ElR. Sc�bsequent fo the abowe Resfliution, #he City prepared CEQA Guidefines dated May 23, ' Since the Eli� bud�et was appro�ed fiar this project the cansultant has req�ested a substantiai b�cfget increase due to the complexity of the proj�ct and additiona� needed work. If the City approves this budget augment, then the City's 9 8% contribution could be erren more,