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OWN F <br />~4ib Y <br />~o, ,~ . os COUNCIL AGENDA REPORT <br />S GA` <br />DATE: MARCH 29, 2010 <br />MEETING DATE: 4/5/2010 <br />TTEM NO: I <br />TO: MAYOR AND TOWN COUNCIL <br />FROM: GREG CARSON, TOWN MANAGER <br />SUBJECT: AMENDMENT OF TRAFFIC AND ROAD IMPACT FEE ORDINANCES <br />a. Introduction of an Ordinance of the Town of Los Gatos amending Article VII of <br />Chapter 15 establishing Traffic Impact Mitigation Fees and rescinding resolution <br />1994-55. <br />b. Introduction of an Ordinance of the Town of Los Gatos amending Article IX of <br />Chapter 15 of the Town Code relating to the Mitigation of Road Impacts Caused by <br />Construction Projects. <br />1. Direct the Clerk Administrator to read the title. <br />2. Waive the reading. <br />3. Introduce the ordinance and instruct the Clerk Administrator to either: <br />a. publish the ordinance no more than five days prior to adoption <br />b. publish a summary no mole than five days prior to adoption <br />BACKGROUND: <br />In 1994, the Town Council adopted a Traffic Impact Mitigation Fee Ordinance (Resolution 1994-55) and <br />fee for Mitigation of Road Impacts Caused by Construction Projects Ordinance 1984. In February 2010, <br />the Town contracted with the Financial Consulting Solutions (FCS) Group, Inc., to update the fees to <br />reflect changes since their initial adoption. These changes include but are not limited to: road <br />construction and renovation costs, trip generation rates and adjustment factors, and generally accepted <br />techniques and methods used in the design and calculation of the impact mitigation fees. <br />A mitigation fee is a one-time fee imposed on new development and some types of redevelopment at the <br />time of development. The fee is intended to recover a fair share of the costs of transportation facilities <br />needed to serve growth. <br />California Government Code 66000 et seq., the Mitigation Fee Act, specifics how mitigation fees shall be <br />calculated, applied, and accounted for. By statue, a mitigation fee is a "monetary exaction other than a <br />tax or special assessment, whether established for a broad class of projects by legislation of general <br />applicability or imposed on a specific ro~ject'on a~n ad hoc basis, that is charged by a local agency to the <br />PREPARED BY: J~i7YlAMA. BUDGET MANAGER <br />N:\FINANCE\Fee Schedule\2010°Comprehensive Fee SmdyUmpact Fees\Ordinance Introdne[ion for TizCficCons[me[ion Activities Staff Report <br />V2.doc ~~ <br />Reviewed by:' 1~~`own Manager l ~ Assistant Town Manager Clerk Administrator <br />Finance -Community Development <br />