The URL can be used to link to this page

Home My WebLink AboutCC RES 08-104RESOLUTION NO. 08-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO MAKE CERTAIN FINDINGS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 66001 WHEREAS, the City of Palm Desert is required to make certain findings every five years with respect to the unexpended fund balance of certain development fee funds pursuant to California Government Code Section 66001; and WHEREAS, the information to make the required findings can be found in the Annual Report Calculation, in the 2008-2009 Capital Improvement Program, the original ordinance adopting the fees file with the City Clerk; and WHEREAS, the City Council has approved a master drainage plan, a general plan for parks and approved a regional traffic signal plan that demonstrates the purpose of the fee being charged; and WHEREAS, these findings need to be made in conjunction with the public information required in Code Section 66006. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct. 2. That the following findings are made as required under the Government Code Section 66006: a. That the purpose to which the developer fee is to be put has been identified. b. That a reasonable relationship has been demonstrated between the fee and the purpose for which it is charged. c. That all sources and amounts of funding anticipated to complete financing on incomplete improvements have been identified. d. That the approximate dates on which the funding referred to above is expected to be deposited into the appropriate fund have been designated. 3. That these findings are based on information provided in the City of Palm Desert Annual Development Impact Report, Operating Budget and Capital Improvement Program 2008-2009 and master plans for improvements, which is incorporated herein by reference. RESOLUTION NO. 08-104 PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm Desert City Council held on this 20th day of November 2008, by the following vote, to wit: AYES: FINERTY, SPIEGEL, and BENSON NOES: NONE ABSENT: FERGUSON and KELLY ABSTAIN: NONE ATTEST: C /. 14) RA ELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 JE M. BENSO MAYOR i RESOLUTION NO. 0$-104 — EXHIBIT A Annual Report of Calculation of Government Code 66006 Development Impact Fees For the City of Palm Desert For Fiscal Year Ending June 30, 2008 Government Code Section 66006 requires local agencies to submit annual and five-year compliance reports detailing the status of development impact fees. The annual report must be made available to the public and presented to the public agency (City Council) at least fifteen days after it is made available to the public. This report summarizes the following information for each of the development fee programs: 1. A brief description of the fee program. 2. Schedule of fees. 3. Beginning and ending balances of the fee program. 4. Amount of fees collected and the interest earned. 5. Disbursement information and percentage funded by fees, including operating transfers. 6. Five year compliance testing of unexpended fees and future capital project commitments to expend the funds. The fee programs included in this report are the following: Section A — Transportation Uniform Mitigation Fee Section B — Housing Mitigation Fee Section C — New Construction Tax Fee Section D — Drainage Facility Fee Section E — Fringe Toed Lizard Fee Section F — Park & Recreation Fee Section G — Traffic Signalization Fee Section H — Art In Public Places Fee Section I — A.I.P.P. Maintenance Fund Section J — Child Care Facility Fund Section K — Fire Facility Fund Pane 1 RESOLUTION NO. 08-104 — EXHIBIT A Section A — Transportation Uniform Mitigation Fee (T.U.M.F.) The TUMF program is collected by the City and administer by the Coachella Valley Association of Government (CVAG). The City of Palm Desert collects the fee based on a Ordinance adopted by City Council based on type of building usage and vehicles generated by the residential or commercial activity on City streets. The City monthly remits the fee to C.V.A.G. to be disbursed on a regional basis for street widening projects determine yearly by CVAG Capital Project Program Budget. Fee for residential is $1837.44 and all commercial buildings are based on attached formula and data sheet schedule which varies from project to project. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee 796,553.33 Interest Income Contributions Transfers In Total Sources 796,553.33 Expenditures & Other Uses: Capital Projects (Paid to CVAG) 796,553.33 Transfers Out Beginning Fiscal Year Ending Fund Balance 2007-08 Fund Balance Total Uses I 796,553.33 Total Available I - 0- - 0- 0 1 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Revenues Collected From FY 2007-2008 June 30, 2008 -0- Total Ending Fund Balance - 0 - Result: Five year spent test met in accordance With Government Code 66001 Capital Improvement Projects CVAG Payments FY2007-2008 796,553.33 % Complete % Funded with Fee 100% 100% Panes 9 RESOLUTION NO. 0$-104 — EXHIBIT A Section B— Housing Mitigation Fee (Fund 214) The Housing Mitigation Fee is used to mitigate the low-income housing impacts caused by commercial and industrial development. Used to help construct or provide low-income housing assistance with the City of Palm Desert residence. A yearly and five year Low Income Housing Needs Report/Plan is compile to access the needs within the City. Fee is based on $1/sq. ft. — Commercial; $0.33/sq. ft. — Industrial; $0.40/sq. ft. — Professional; $1,000/room — Resort Hotel; $620/Room Non Resort. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee Interest Income Contributions (State Grant) Transfers In Total Sources Expenditures & Other Uses: Capital Projects Transfers Out to Low Income Housing Beginning Fund Balance Total Uses Total Available 1,639,619 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent test met in accordance With Government Code 66001 (1 Year Balance) Capital Improvement Projects Low Income Housing Project (Falcon/ La Rocca Apartments) FY2007-2008 2,010,001 Fiscal Year Ending 2007-08 Fund Balance 233,858 65,560 2,010,000 2,309,418 2,010,001 - 0- June 30, 2008 1,064,110 1,214,744 2,309,418 1,939,036 - 0 1 299,417 1,939,036 1 Five Year Future Commitments Working on Design % Funded with Fee 100% Page 3 RESOLUTION NO. 05-104 - EXHIBIT A Section C — New Construction Tax Fee (Fund 231) The New Construction Tax Fee is used for acquisition and development of public facilities like playgrounds, public structures, and street improvements. Yearly the City Council approves a five year Capital Improvement Budget that reflects current projects along with future committed projects utilizing these fees. The fee is for Industrial Buildings $0.05/sq. ft.; Residential units $0.40/sq. ft.; all other development $0.40/sq. ft. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Beginning Fiscal Year Ending Account Description Fund Balance 2007-08 Fund Balance Revenues & Other Sources: Developer Fee 311,433 Interest Income 33,149 Transfers In from General Fund -LOAN Total Sources 344,582 I 1 Expenditures & Other Uses: Capital Projects 273,933 Transfers Out Total Uses Total Available 273,933 I 1 598,316 70,649 1 668,965 1 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance June 30, 2008 Revenues Collected From FY 2003-2004 577,866 Revenues Collected From FY 2004-2005 1,240,001 Revenues Collected From FY 2005-2006 1,101,866 Revenues Collected From FY 2006-2007 597,098 Revenues Collected From FY 2007-2008 344,582 Total Ending Fund Balance 668,965* Result: Five year spent test met in accordance With Government Code 66001. (2 Year Balance) Capital Improvement FY2007-2008 Five Year % Funded with Fee Projects Future Commitments Fire Station Renovations 274,256 100% Civic Center Storage 100,000 *Repayment of General Fund 433,650 Loan to cover negative cash Paae 4 Kt,ULU I IUN NU. Ud3-1U4 — LAI-IIISI I A Section D — Drainage Facility Fee (Fund 232) The Drainage Facility Fee is used for planned local drainage created by the development and adjoining streets to the project. The City has adopted a master drainage plan which gets modify as new development occurs. In addition, the five-year City Capital Improvement Budget includes both current and future projects planned for use of the fees connected to the various development projects. Fees are based on which drainage map zone they reside within: Zone 1 fee is $4,000; Zone 2 is $1,000; Zone 3 is $1,000; Zone 4 is $1,000. The map is available with the public works department upon request. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee Interest Income Contributions Total Sources Expenditures & Other Uses: Capital Projects Total Uses ' Total Available Beginning Fund Balance 5,529,322 Part II — Compliance with Expending funds within Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Revenues Collected From FY 2003-2004 Revenues Collected From FY 2004-2005 Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent test over the limit by $3,440,644 however, City has Budgeted capital projects ($5,460,600) well above the excess that will be completed within 24 months from 6/30/08 which will comply with Government Code 66001. Capital Improvement FY2007-2008 Projects Portola Ave Drainage North Sphere - Drainage Country Club Drive Frank Sinatra/Portola Hwy 111 Non -State 106,771 61,670 54,174 257,127 5 Years Fiscal Year Ending 2007-08 Fund Balance 12,960 297,965 310,925 479,743 479,743 (168,818) 5,360,504 June 30, 2008 289,614 389,685 534,432 395,204 310,925 Total=1,919,860 5,360,504-1,919,860=3,440,644 Five Year % Funded with Fee Future Commitments 1,600,000 2,000,000 1,260,600 600,000 Page 5 100% 100% 100% 100% 100% Kt,ULU I IUN NU. Utf-1U4 - tAHI1:511 A Section E — Fringe Toed Lizard Fee / Wildlife Mitigation This fee is collected in connection with environmental endanger plants & wildlife agreements with State and Federal environmental agencies. The fee is collected and placed into trust and remitted monthly to Center for Natural Lands Management to be used to acquire open space land to preserve for various plants and wildlife preserves. The current fee is $2,371 per acre. In fiscal year 2007-2008 the fee will be changed to reflect the new multi -species mitigation agreement. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee 41,018 Interest Income Contributions Transfers In Total Sources 41,018 1 Expenditures & Other Uses: Capital Projects 41,018 Transfers In Total Uses 41,018 1 1 Total Available - 0 - - 0 - - 0 - 1 Beginning Fiscal Year Ending Fund Balance 2007-08 Fund Balance Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Revenues Collected From FY 2003-2004 Revenues Collected From FY 2004-2005 Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent test met in accordance With Government Code 66001 June 30, 2008 - 0- - 0- - 0- - 0- - 0- -0- Capital Improvement FY2007-2008 Five Year % Funded with Fee Projects Future Commitments Payment to Center 41,018 -0- 100% for Natural Land Mgt Page 6 Kt,ULU I ION NU. UtS-1U4 - LAMIIil I A Section F — Park & Recreation Fee (Fund 233) The fee is used to acquire land, construct parks and recreational areas, open space, and other public facilities for the city residents. Yearly the City Council adopts a five year Capital Improvement Plan detailing the current and future projects necessary for use of the fee. The fee is only charged to residential properties based on the following formula: Number of units x 2.292(people per household) x 5 acres divided by 1000 population x land market value per acre. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee -0- Interest Income 177,094 Contributions 33,570 Transfers In Total Sources I 210,664 Expenditures & Other Uses: Capital Projects 179,143 Transfers In Total Uses I 179,143 Total Available Beginning Fiscal Year Ending Fund Balance 2007-08 Fund Balance 3,138,154 31,521 3,169,675 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance June 30, 2008 Revenues Collected From FY 2003-2004 116,097 Revenues Collected From FY 2004-2005 1,133,022 Revenues Collected From FY 2005-2006 2,435,013 Revenues Collected From FY 2006-2007 1,896,904 Revenues Collected From FY 2007-2008 210,664 Total Ending Fund Balance 3,169,675 Result: Five year spent test met in accordance With Government Code 66001 (2 1/2 Years) Capital Improvement Projects FY2007-2008 Five Year % Funded Future with Fee Commitments *Civic Center Amphitheater & Park Improvements 122,348 2,306,477 100% New Community Center Design 49,828 398,566 50% Hiking Trail 5,685 154,046 25% Park Improvements (Freedom Park) 100,000 50% All Playground Upgrade to meet new ADA 600,000 Page 7 KtJULU I IUN NU. Utf-1U4 - t llItil I A Section G — Traffic Signalization Fee (Fund 234) The fee is used for acquisition and development of the regional traffic signals within the City created by increase traffic load added by the development. Yearly the City Council adopts a five year Capital Improvement Plan detailing the current and future projects necessary for use of the fee. The fee is charged based on the type of building constructed, which is: Residential $ 50 per unit; Commercial $500 per 1,000 sq. ft.; Industrial $500 per acre. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee Interest Income Contributions Transfers In 1 Total Sources Expenditures & Other Uses: Capital Projects Transfers Out (Traffic Signal payout of Measure A Fund — Reimb for Traf Sig. Total Uses Total Available Beginning Fund Balance 1,316,490 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Revenues Collected From FY 2003-2004 Revenues Collected From FY 2004-2005 Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent test met in accordance With Government Code 66001 (3 1/2 Years) Capital Improvement Projects Traffic Signals — 2 Lights Fred Waring FY2007-2008 679,704 Fiscal Year Ending 2007-08 Fund Balance 86,929 50,734 137,663 3,446 676,258 679,704 (542,041) June 30, 2008 165,744 182,691 203,441 374,812 137,663 774,449 Five Year Future Commitments 2,035,200 774,449 Funded with Fee 100% Page 8 KtJULU 1 IUN NU. Utf-1U4 - tXHI13I I A Section H — Art In Public Places Fee The fee is used to acquire, develop, install and maintain artwork to be displayed in the city (City owned land), the administration of the program and community public art education programs. The City has an Art in Public Places committee that meets monthly to decide both location and type of art that will be placed throughout the City. Developers may choose to place and develop art within their project site without paying a fee to the City. Yearly the City Council adopts a five-year Capital Improvement Plan and administration plan detailing the current and future projects necessary for use of the fee. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee Interest Income Refunds to Due to Private Placement Total Sources Expenditures & Other Uses: Capital Projects/Administration of Project Transfers Out — AIPP Maint Fund per Ord Total Uses Total Available Beginning Fiscal Year Ending Fund Balance 2007-08 Fund Balance 2,381,368 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Revenues Collected From FY 2003-2004 Revenues Collected From FY 2004-2005 Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent With Government Code Capital Improvement Administration Prof. Architecture/Eng Art Work —El Paseo Art /Placement/Purchase AIPP Maint 1% Transfer June 30, 2008 361,027 289,794 797,618 923,567 412,842 2,319,925 273,157 139,145 540 412,842 455,454 18,831 474,285 (61,443) 2,319,925 test met in accordance 66001 (4 Years) FY2007-2008 Future Commitments 237,012 29,918 5,065 183,459 18,831 1,176,600 % Funded with Fee 60% 100% 100% 100% 100% Page 9 KtJULU I ION NU. Utf-1U4 — I )U-II it I A Section I — A.I.P.P. Maintenance Fund A portion of the Art in Public Places fee is used to cover the yearly maintenance of all the art placed within the City on public places. The City of Palm Desert placed General Fund cash within the fund of a sum of $300,000 to be used as a loan to have sufficient funds to adequately maintain the Artwork until sufficient funds are collected to cover the yearly costs. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee Interest Income Contributions Transfers In Beginning Fiscal Year Ending Fund Balance 2007-08 Fund Balance 3,182 18,830 Total Sources 22,012 Expenditures & Other Uses: Maintenance of Art Work 56,145 Transfers Out Total Uses 56,145 Total Available 84,988 (34,133) 50,855 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Loan From General Fund — Transfer In Revenues Collected From FY 2004-2005 Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent test met in accordance With Government Code 66001 June 30, 2008 300,000 Loan from General Fund 50,855 Capital Improvement FY2007-2008 Five Year % Funded with Fee Projects Future Commitments Maintenance of Art 56,145 100% H:\WP51\COUNCIL\Annual Report -Development Impact Fee 2005-06.doc Page 10 KtJULU I IUN NU. UWS-1U4 — tAHIUI I A Section J — Child Care Facility Fund The City of Palm Desert is interested in providing funding, through impact fees for new child care homes and centers, in order to meet some of the child care demand generated by employees and commercial uses in the City. A Nexus Study was prepared and approved by City Council in August 2005. Yearly, the City will adopts a budget to use these funds to create new facilities and equipment. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Beginning Fiscal Year Account Description Fund Balance 2007-08 Revenues & Other Sources: Developer Fee 197,399 Interest Income 60,281 Contributions Transfers In Total Sources I Expenditures & Other Uses: Design, Construction & Equipment 26,277 Transfers Out I 257,680 Ending Fund Balance Total Uses I I I Total Available I 1,029,356 I 231,403 I 1,260,759 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Loan From General Fund — Transfer In Revenues Collected From FY 2005-2006 270,008 Revenues Collected From FY 2006-2007 766,590 Revenues Collected From FY 2007-2008 257,680 Total Ending Fund Balance 1,260,759 Result: Five year spent test met in accordance With Government Code 66001 (3 Years) June 30, 2008 Capital Improvement FY2007-2008 Five Year Projects Future Commitments Grants to Non -Profits 26,277 1,500,000 (New Fac) H:\WP51\COUNCIL\Annual Report -Development Impact Fee 2006-07.doc % Funded with Fee 100% Page 11 KtJULU I IUN NU. Utf-1U4 - tAHIUI I A Section K — Fire Facility Fund The City of Palm Desert is interested in providing funding, through impact fees for new Fire Station and equipment, in order to meet some of the new commercial and residential development in the northern half of the City. A Nexus Study was prepared and approved by City Council in June 2006. Commercial development rate is $0.22 per square foot, industrial/office rate is $0.20 per square foot, and residential development would be based on a $2,262 per acre depending on density of units built. Yearly, the City will adopt a budget to use these funds to create new facilities and equipment. Part 1 — Fund Balance, Revenue, Interest, Expenditures, Ending Balance Account Description Revenues & Other Sources: Developer Fee Interest Income Contributions Transfers In Total Sources Expenditures & Other Uses: Design, Construction & Equipment Transfers Out Total Uses Total Available Beginning Fiscal Year Ending Fund Balance 2007-08 Fund Balance 95,541 22,765 118,306 365,975 118,306 Part II — Compliance with Expending funds within 5 Years Five Year Revenue Test Using First In First Out Method Unspent Funds Represents Ending Fund Balance Loan From General Fund — Transfer In Revenues Collected From FY 2005-2006 Revenues Collected From FY 2006-2007 Revenues Collected From FY 2007-2008 Total Ending Fund Balance Result: Five year spent test met in accordance With Government Code 66001 (3 Year Balance) Capital Improvement Projects New Fire Station Land Purchase FY2007-2008 -0- June 30, 2008 131,509 235,604 118,306 365,972 Five Year Future Commitments 3,504,271 2,000,000 484,281 % Funded with Fee 50% 100% Page 12