HomeMy WebLinkAboutRES 2021-74RESOLUTION NO. 2021-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS REGARDING THE
CONTINUING NEED FOR UNEXPENDED BALANCES OF IMPACT
FEES AS OF JUNE 30, 2021
WHEREAS, Government Code Sections 66000 through 66008 (known as and referenced
to herein as "AB1600") regulate the imposition, collections, maintenance, expenditure and
reporting of impact fees imposed on developers for the purpose of defraying costs of public
facilities; and
WHEREAS, a public hearing on the annual report of development impact fees for the
period ending June 30, 2021 was held by the City Council on December 16, 2021, and the public
testimony, if any, provided therein was duly considered; and
WHEREAS, in accordance with the provisions of A61600, the City of Palm Desert ("City")
has set up separate special revenue funds for each type of fee the City imposes, crediting earned
interest to those funds, and spending the accumulated fees and related interest on appropriate
expenditures; and
WHEREAS, AB1600 requires the City to make specific findings every five (5) years with
respect to any portion of the fees remaining unexpended or uncommitted after a period of five (5)
' years; and
WHEREAS, the City Council desires to make the findings required by law, with respect to
the unexpended fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
RESOLVES, FINDS, DECLARES AND DETERMINES AS FOLLOWS:
Section 1. That the City finds that all of the foregoing recitals are true and correct and
are hereby incorporated and adopted as findings and determinations by the City Council as if fully
set forth herein.
Section 2. That the City has identified impact fees collected from developers that are
subject to A131600's requirements. Those funds are:
• Housing Mitigation Fee (Fund 214)
• Child Care Facility Fund (Fund 228)
• New Construction Tax Fee (Fund 231)
• Drainage Facility Fee (Fund 232)
• Park & Recreation Fee (Fund 233)
• Traffic Signalization Fee (Fund 234)
• Fire Facility Fund (Fund 235)
Section 3. That pursuant to Section 66006, the City has prepared an annual report for
' at least the last five fiscal years, reflecting the beginning and ending balances of each separate
fund containing impact fees, the amount of fees collected and the interest earned for the year, the
amount of expenditures attached hereto as Exhibit "A".
RESOLUTION NO. 2021-74
Section 4. That a copy of the annual report has been on file and available for review in
the City Clerk's Office by the public, for at least 15 days prior to action taken herewith.
Section 5. That the City Council hereby makes the findings required by law, with respect
to these unexpended fees, and has: 1) identified the purpose to which the fees are to be put; 2)
demonstrated the relationship between the fees and the purposes for which they are charged; 3)
identified all sources and amounts of funding anticipated, to the extent that they are known, to
complete financing of the improvement.
Section 6. That these findings are based on the information provided in the City of Palm
Desert's Development Impact Fees Annual Report, the City of Palm Desert's annual operating
budget and the Capital Improvement Program for Fiscal Year 2021-2022 to 2024-2025. Which is
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm Desert City
Council held on this 16th day of December, 2021, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK
NONE
NONE
NONE
NORMA I. ALLEY,dWMt, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
// N C. HARNIK,
APPROVED AS TO FORM:
ROBER GREAVES, CITY ATTORNEY
BEST, BEST & KRIEGER, LLP
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MAYOR
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