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HomeMy WebLinkAboutRes 2025-024RESOLUTION NO. 2025-024 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 30% 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 had not increased its PDAC fees since they were established in 2011 until September 14, 2023, to marginally increase the rate of cost recovery, and the City now desires to further increase the PDAC fees to contribute to recovering City costs for 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 noti fied all interested persons the public hearing will take place at 4:00 pm on April 24, 2025 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 606 2a 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 Docusign Envelope ID: 36A720EA-9D50-4449-8541-0CDB29D78E66 Resolution No. 2025-024 Page 2 WHEREAS, the City Council now desires to adopt the 202 5 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 April 11, 2025, with a second notice published on April 18, 2025, 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 were 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 July 1, 2025. All previous PDAC fees in effect as of January 1, 2024, are to be superseded and replaced. PDAC visitors may request reduced admission through an income-qualified discount program administered by the PDAC operator in which proof of participation in a low- income program for a local utility is shown upon entry to be charged the 2011 rates. 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. Docusign Envelope ID: 36A720EA-9D50-4449-8541-0CDB29D78E66 Resolution No. 2025-024 Page 3 SECTION 7. Effective Date. This Resolution shall become effective immediately following its adoption. ADOPTED ON APRIL 24, 2025. JAN C. HARNIK MAYOR ATTEST: _ ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-024 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 April 24, 2025, by the following vote: AYES: NESTANDE, PRADETTO, QUINTANILLA, TRUBEE, AND HARNIK 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: 36A720EA-9D50-4449-8541-0CDB29D78E66 4/29/2025 EXHIBIT “A” Palm Desert Aquatic Center 2025 Fee Schedule PDAC visitors may request reduced admission through an income -qualified discount program administered by the PDAC operator in which proof of participation in a low-income program for a local utility is shown upon entry to be charged the 2011 rates. All program fees, groups rates, rental fees, lane rental fees, facility rentals, concessions fees and other fees not listed shall be determined and administered by the contract operator. Docusign Envelope ID: 36A720EA-9D50-4449-8541-0CDB29D78E66