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8.A. - Page 326 <br />8.A. - Page 84 <br />be subject to a public nearing. Please see attached staff report and minutes dad <br />October 28, 1908. <br />If this policy ware to be applied today basad on the estimated EIR Costs of $159,812 then <br />the City's contribution toward the EIR would be $28,786 (1a% of $159,812)'. <br />As a matter of practice and record, the City has r oorabuted any public funds toward <br />the preparation of an EIR far a private dewelopmeft The Cltyy is not the developer in this <br />cam, nor Is there any public benefit as a pdvaft roadway wil be conatruc6ed wfth retsining <br />walls to serve hndMdual private parc eb. In a typical project development, al subdivislona <br />are pdv bly canoed. However, in this DOW and subled to a p ublia hearing on a detailed <br />financing plan, the City Council was willing to consider fuWing a portion of the study in the <br />hope of lessening the financial burden on the properly owners to #W they could prepare <br />the EIR and move ahead with some development. <br />The City A#offxWe Office has previously advised Planning staff that the adminidath e <br />record of the October 28, 1 M, City Council mee ft has no dhsamlon of Resolution <br />6882 adoptsd on April 3, 1973, Resohution 8882 Esfabllshhw obieatives. Crl6sr a and <br />ImoactPaaorts was adopted pursuant to Pubes Resources Code section 21082 requidng <br />public agencdes to adopt their own objectives, cat de and procedures consistent with the <br />Secretary of the California Resouroes Agency guidelines for the implementation of the <br />Cafifomha Environmental Quality Act of 1970. Seatlon 21062 provides In relevant pert, <br />'AA public agencies shall adopt by ordinance, resolution, reds or reguhat on, <br />objectirres, aritsria and procedures for the evaluation of projects and the preparatlort of <br />envkonmerrtal impact reports and negaft dederallone...' <br />4f note, Section 4 of Resolution 6862, as srreended, es#rbkhes a schedule of fees: <br />(a) Fees for Initial Study, Negative Dedaretbn; For any proposed pmjsctdef3ned in <br />paragraph 2 (r) Cr) (3) hemof, which is not subject to th catngorical or emergMCY <br />ommption, an armilgo gbgH...' <br />(b) Fee for Preparaflan of Envirortrriental InVact Report For a prat which <br />requires the preparation of an envlmnmw tel impact rVorL an annhlc ant shall aay...; <br />and <br />(c) Fee for preparation by Consultant, Administration Fee: In the evert a negative <br />declaration or environmental Impact report Is to be prepared by a consultant <br />pursuant to the provisions of pankgraph 7(b) (2), or pwMmph 7 (o) (3), below, the <br />anblicant shall nay... In addition to the foregoing lawunt to be paid for the <br />preparation of the environmental irnpact report by a consultant the apptirerrtt shall <br />pay to the City an administration fee in the amount of $100 or ten percent of the <br />actual amount paid by the Citic to the consultant..." <br />Nowhere within Section 4 of Resolutlon No. 6U2, as amended, is there any authorhxafian <br />for pub#c funds to be used to offset the obligation of a project proponent to pay the fees <br />related to preparation of an EIR. <br />Subsequent to the above Resolution, the City prepared CEQA GukWrW dated May 23, <br />i Sines fire EIR budget wise approved for this project the consultant has m*wsfed a subOdd budget <br />Increase due to to SKY of the prolect and addMond needed work. If the My approves this budget <br />sugrnerrt, then the C /& 18% wnfflbutim cotld be eve mars. <br />6.1 <br />Page <br />