HomeMy WebLinkAboutRes 2025-080RESOLUTION NO. 2025-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, REVIEWING AND ACCEPTING THE ANNUAL
DEVELOPMENT IMPACT FEE DISCLOSURE REPORT FOR THE CITY’S
VARIOUS DEVELOPMENT IMPACT FEES AND MAKING FIVE-YEAR
FINDINGS REGARDING THE CONTINUING NEED FOR UNEXPENDED
BALANCES OF IMPACT FEES AS OF JUNE 30, 2025, PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 66001
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, the City of Palm Desert (“City”) has established, adopted, and
imposed Housing Mitigation Fees, Child Care Facility Fees, New Construction Fees,
Drainage Facility Fees, Park & Recreation Fees, Traffic Signalization Fees, and Fire
Facility Fees (collectively the “Fees”); and
WHEREAS, in accordance with the provisions of AB1600, the City has set up
separate special revenue funds for each type of Fee the City imposes (each a “Fund” and
collectively the “Funds”), crediting earned interest to those Funds, and spending the
accumulated Fees and related interest on appropriate expenditures; and
WHEREAS, the City has made available to the public within one hundred eighty
(180) days following the last day of the fiscal year the annual development impact fee
disclosure report (“Annual Report”) required by AB1600 related to each of the Fees which
also includes the Five-Year Reports with respect to each of the Fees; and
WHEREAS, the City has mailed notice at least fifteen (15) days prior to this
meeting to all interested parties who have requested notice of any meeting relative to the
City’s imposition of the Fees and has held a duly noticed, regularly scheduled public
meeting at which oral and written testimony was received regarding the Annual Report
and the Five-Year Reports at least fifteen (15) days after the City made this information
publicly available; and
WHEREAS, the City Council desires to accept the Annual Report, including the
Five-Year Reports and to make the necessary 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:
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-080 Page 2
SECTION 1. 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. In accordance with Government Code Section 66006(b), the City
Council has reviewed and approves the Annual Report regarding each of the Fees, which
is attached to this Resolution and is incorporated herein by this reference, and is also
placed on file with the City Clerk. The City Council, based upon the information contained
in the Annual Report and the remaining need for the unexpended Fees, finds as follows:
a. The Annual Report describes the types of Fees contained in each
Fund, including the amount of the F ees, the beginning and ending balances of each Fund
that has been established for each Fee, as well as the amount of F ees collected, and the
interest earned thereon; and
b. The Annual Report identifies each public improvement on which the
Fees were expended, the amount of the expenditures on each improvement, including
the total percentage of the cost of the public improvemen t that was funded with the Fees;
and
c. Sufficient Fees have not been collected to complete the financing of
the various incomplete public improvements; and
d. There have been no interfund transfers or loans made from any of t he
Funds; and
e. There have been no refunds made from the Funds.
SECTION 3. The City has identified Fees collected from developers that are
subject to AB1600’s requirements. Those funds are:
• Housing Mitigation Fee (Fund 214)
• Child Care Facility Fee (Fund 228)
• New Construction Fee (Fund 231)
• Drainage Facility Fee (Fund 232)
• Park & Recreation Fee (Fund 233)
• Traffic Signalization Fee (Fund 234)
• Fire Facility Fee (Fund 235)
SECTION 4. In accordance with Government Code Section 66001(d), the City
Council has reviewed the Five-Year Report sections included in the Annual Report for
each of the Funds. The City Council finds, based on the information in the Five-Year
Report sections, as follows:
a. Pursuant to Government Code Subsection 66001(d)(1)(A), the Five-
Year Report identifies the purpose to which all unexpended Fees, whether committed or
uncommitted, will be put; and
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-080 Page 3
b. Pursuant to Government Code Subsection 66001(d)(1)(B), the Five-
Year Report demonstrates, for each Fee, a reasonable relationship between the
unexpended fees contained in each Fund and the purposes to which such Fees will be
put; and
c. Pursuant to Government Code Subsection 66001(d)(1)(C), the Five-
Year Report identifies all sources and amounts of funding anticipated to complete
financing of incomplete improvements or projects for each Fund; and
d. Pursuant to Government Code Subsection 66001(d)(1)(D), the Five-
Year Report identifies the approximate dates upon which the funding for such incomplete
improvements or projects will be deposited into each Fund; and
e. There remains unexpended Fees in each Fund which are still necessary
to complete the purposes for which the Fees were collected.
SECTION 5. These findings are based on the information provided in the City’s
Annual Report, the City’s annual operating budget, and the Capital Improvement Program
for Fiscal Year 2025-2026 to 2029-2030, which each are incorporated herein by this
reference.
SECTION 6. Pursuant to these findings, and at this time, there shall not be a
refund of any unexpended Fees.
SECTION 7. If any section, subsection, subdivision, sentence, clause, or phrase
in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid,
or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Resolution or any p art thereof.
The City Council declares that it would have adopted each section irrespective of the fact
that any one or more subsections, subdivisions, sentences, clauses, or phrases be
declared unconstitutional, invalid, or ineffective.
SECTION 8. This Resolution shall be effective immediately upon its adoption.
ADOPTED ON DECEMBER 11, 2025.
EVAN TRUBEE
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
Docusign Envelope ID: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
Resolution No. 2025-080 Page 4
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2025-080 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 December 11, 2025,
by the following vote:
AYES: HARNIK NESTANDE, PRADETTO, QUINTANILLA, AND TRUBEE
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: 64A651A7-1391-4916-B2E5-C1582B4B1B5C
12/22/2025