HomeMy WebLinkAboutRes 2023-045RESOLUTION NO. 2023-045
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, INCREASING
CERTAIN ENTRY FEES FOR THE PALM DESERT
AQUATIC CENTER AND TAKING OTHER ACTIONS
THEREIN
WHEREAS, the City of Palm Desert (“City”) City Council established entry fees
for the Palm Desert Aquatic Center (“PDAC”) on May 12, 2011; and
WHEREAS, the City had engaged Ballard King & Associates, LTD to conduct
a study entitled Aquatic Center Operations Study (the “Study”) to establish the original
PDAC rates; and
WHEREAS, the Study established a City goal of 60% cost recovery in order to
ensure entry fees were set at an affordable level for the benefit all City residents; and
WHEREAS, due to escalating costs that have occurred since 2011, the date
the original fees were implemented, actual cost recovery has been closer to
approximately 35% of City costs to operate the facility; and
WHEREAS, the City elected not to implement the annual increases established
in the Study at that time and instead chose to keep fees at the initial ra te subsidizing
the costs for public benefit; and
WHEREAS, the City has not increased its PDAC fees since they were
established and the City now desires to increase the PDAC fees to ensure such fees
are adequately recovering City costs of operating and maintaining the PDAC facilities
and services provided; and
WHEREAS, the City has complied with the procedural requirements pursuant
to California Government Code, section 66018 which requires the City to hold a
noticed public hearing as part of a regularly scheduled meeting, at which oral and
written presentations regarding the PDAC fees may be made; and
WHEREAS, notice for the public hearing notified all interested persons the
public hearing will take place at 4:00pm on September 14, 2023 at the Civic Center
Council Chambers located at 73510 Fred Waring Drive, Palm Desert, CA 92260 and
said notice was provided pursuant to Government Code, section 6062a which requires
at least ten (10) days’ notice prior to the date of the public hearing published twice
with at least five (5) days intervening between each publication; and
WHEREAS, the City has prepared an estimate of the costs establishing the
proposed PDAC fees and such fees do not exceed the reasonable estimate of costs
to maintain and provide the PDAC facilities and services; and
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Resolution No. 2023-045 Page 2
WHEREAS, the City Council now desires to adopt the 2023 PDAC fees.
NOW, THEREFORE, BE IT RESOLVED by the City of Palm Desert, California
City Council as follows:
SECTION 1. Recitals. The above recitals are true and correct and are
incorporated herein by this reference.
SECTION 2. Findings. The City Council finds the following:
1. Notice of the public hearing was published twice with at least five (5)
days intervening between each publication on September 3, 2023, with
a second notice published on September 10, 2023, the first date being
at least ten (10) days prior to the date of the public hearing.
2. The duly noticed public hearing was held and all oral and written
presentations regarding the PDAC fees was heard and considered.
3. The PDAC fees do not exceed the estimated reasonable costs of
maintaining and operating the PDAC facilities and services.
4. The City Council retains the right to establish fees at a lower rate should
the public interest and welfare be served.
SECTION 3. Approval. The City Council adopts the PDAC fees, as identified in
the attached Exhibit “A” and incorporated herein by this reference and the City Council
now directs City staff to implement the fees to be effective January 1, 2024. All
previous PDAC fees in effect as of January 1, 2024 are to be superseded and
replaced.
SECTION 4. Applicability. This Resolution relates only to the adoption of the
PDAC fees and does not affect any other City fee, charge, or rates previously adopted
by the City Council.
SECTION 5. CEQA. That the City Council finds this Resolution is not subject
to the California Environmental Quality Act (CEQA) in that the activity is covered by
the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty,
as in this case, that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications, and to this end the provisions of this Resolution are
declared to be severable.
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Resolution No. 2023-045 Page 3
SECTION 7. Effective Date. This Resolution shall become effective
immediately following its adoption.
ADOPTED ON SEPTEMBER 14, 2023.
________________________
KATHLEEN KELLY
MAYOR
ATTEST:
________________________
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-045 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on September 14, 2023,
by the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA
CITY CLERK
DocuSign Envelope ID: 93C19FAB-711A-49E5-973E-51FADA87AB09
9/18/2023
EXHIBIT “A”
DocuSign Envelope ID: 93C19FAB-711A-49E5-973E-51FADA87AB09