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R-10309ATTACHMENT D5 F:WDMINISTRATION\SHARE\BUDGET\BUDGET OS-09\FEES\CULTURAL ARTS PROCESSING FEE RESOLUTION.DOC Council Meeting of June 17, 2008 Santa Monica, California RESOLUTION NUMBER iosos(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FEES FOR PROCESSING OF DEVELOPER CULTURAL ARTS REQUIREMENT APPLICATIONS WHEREAS, on December 5, 2006, the City Council adopted Ordinance No. 2212(CCS) to establish the Private Developer Cultural Arts Requirement to integrate public art and cultural resources into private development projects within the City of Santa Monica; and, WHEREAS, Ordinance Number 1754 (CCS) (the "Ordinance") adopted July 12, 1994, governs the setting of the amount of user fees or fees for services provided to or for the benefit of particular individuals rather than for the general public; and WHEREAS, the Ordinance allows such user fees or fees for services to be set by ordinance, by a resolution adopted by the City Council or by any other means authorized by law; and .WHEREAS, it is the policy of the City of Santa Monica to charge for the full costs of services provided by City Staff when such services benefit individual users rather than members of the community as a whole; and WHEREAS, all development projects subject to the Private Developer Arts Requirement as defined in Ordinance No. 2212 (CCS) and including On-Site Art or an On-Site Cultural Facility must undergo an arts-focused review prior to issuance of a building permit; and WHEREAS, City staff has prepared an analysis of the estimated reasonable costs and proposed fees related to this review; and WHEREAS, a copy of this analysis and the proposed fees was made available on June 6, 2008 at the City Clerk's Office; and WHEREAS, notice of this public hearing and the analysis was published in the Santa Monica Daily Press on June 6 and June 11, 2008, NOW, THEREFORE, THE- CITY COUNCIL OF THE CITY OF SANTA. MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The following application filing fees. for the Planning. and Cultural Affairs Divisions' review of cultural arts developer applications are hereby adopted: Item Fee 1. Review of Applications for On-Site Art Work $2,500 2. Review of Applications for an On-Site $2,900 Cultural Facility 3. Review of Application Amendments a. Staff Approval Amendment No Fee b. Arts Commission Amendment $ 900 For On-Site Art Application c. Arts Commission Amendment $1,300 For On-Site Cultural Facility Application ,SECTION 2. Commencing upon July 1, 2009 and on July 1 of each fiscal year thereafter, all fees established by this resolution shall be administratively revised annually by a factor equal to the difference in the Los Angeles-Orange-Riverside Consumer Price Index for Wage Earners and Clerical Workers (CPI-W) for the twelve (12) month period April through April of the prior fiscal year. No later than July 1, 2013 and at least five (5) year intervals thereafter, the City will conduct a comprehensive- study of all fees set by this resolution to determine if the fees are adequately recovering City costs for these services and the results of the comprehensive study shall be reported to the Council. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect sixty (60) days from the date of adoption. APPROVED AS TO FORM: Adopted and approved this 17th day of June, 2008. Katz, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10309 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 17th day of June, 2008, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor Mayor Pro Tem Bloom, Mayor Katz Noes: Council members: None Abstain: Council members: None Absent: Council members: Shriver ATTEST: Maria Stewart, City