QUIMBY FEES

Motion - State Law authorizes local governments, under the Quimby Act of 1965 (Government Code Section 66477), to require the dedication of land or to impose in lieu fees for park or recreational purposes as a condition to the approval of a tentative map or parcel map for new residential subdivisions. These fees are known as "Quimby Fees" or Quimby Funds. The State law requires that, generally, the dedication of land or the payment of fees should be sufficient to provide three acres of park area per 1,000 persons residing within the subdivision. In 1971, the City of Los Angeles implemented the Subdivision "Quimby" Fees Trust (Ordinance 141422) in order to collect Quimby fees; and the Zone Change Park Fee, in 1985 (Ordinance 159691), which state that: (1) The land and/or fees are to be used only for the purpose of developing new or rehabilitation of existing parks or recreational facilities which will serve the residential subdivision; and (2) The amount and location of land to be dedicated (or the fees collected) should bear a reasonable relationship to the park and recreational facilities to be used by the future inhabitants of the residential subdivision. City law requires that no final subdivision map shall be approved unless land is dedicated or a fee is paid for park or recreational purposes. Fees are collected by the Department of Recreation and Parks and are allocated in the Department's Park Fees Expenditure Program for each fiscal year. In 1980, the City of Los Angeles adopted the Public Recreation Plan, a portion of the Service Systems Element of the City's General Plan, to serve as a long range declaration of policies and program goals for the park system. The Public Recreation Plan (similar to the Housing Element or Noise Element) is a document that is used by the City as a general guide, or framework, for the development of parks and recreational facilities. The recreation standards set forth in the Plan are intended to provide a basis and guide for satisfying the City's needs. The Department of Recreation and Parks has generally expended Quimby funds within one to two miles from a new subdivision, using the Public Recreation Plan as guidance. Since 1971, the growth of the City has increased dramatically resulting in an intensified need for additional parks and recreational facilities. The City has become increasingly urbanized since 1971, and less land is available for parks. Land or funds obtained through the Quimby Act offer an opportunity to be responsive to the community, as well as provide an amenity for new residents. In order to do this, it is timely for the City to review its policies concerning the service radius for parks / recreational facilities vis-a-vis the expenditure of Quimby Funds. Through the years as the city has acquired new land for urban parks, the need for programs and maintenance at these parks has grown as well. To meet these growing needs the city needs to review its policies regarding the use of Quimby funds for programs and maintenance. THEREFORE MOVE that the City Council request the Department of Recreation and Parks to convene a Task Force with representatives of the City Attorney and Planning Departments to review the requirements regarding the service radius for park acquisition, as well as the uses of Quimby Funds for programs and maintenance, and to recommend to the City Council how the General Plan, and the Municipal Code should be amended to achieve these goals and to report to the Arts, Park, Health, and Aging Committee within 90 days.