HomeMy WebLinkAboutCC RES 2016-95RESOLUTION NO. 2016-95
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, 2016
WHEREAS, a public hearing on the annual report of development fees for the period
ending June 30, 2016 was held by the City Council on December 8, 2016, and the public
testimony, if any, provided therein was duly considered; and
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, in accordance with the provisions of AB1600, 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 AB1600'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)
• Art In Public Places Fee (Fund 436)
• Transportation Uniform Mitigation Fee (Fund 610)
• Multi Species Habitat Conservation Program (Fund 610)
RESOLUTION NO. 2016-95
Section 3. That pursuant to Section 66006, the City has prepared an annual report for
at least the last ten 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.
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 and Capital Improvement Program for
Fiscal Year 2016-2017 to 2020-2021. Which is incorporated herein by reference.
PASSED, APPROVED AND ADOPTED at the regular meeting of the Palm Desert City
Council held on this 8ch day of December, 2016, by the following vote, to wit:
AYES: JONATHAN, BELLY, NESTANDE, WEBER, and HARNIR
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAC LLE D. KLASSEN, CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED AS TO FORM:
JAN C. HARNIK, MAYOR
ROBERT W. HARGREAVES, CITY ATTORNEY
BEST, BEST & KRIEGER, LLP
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RESOLUTION NO. 2016-95
EXHIBIT A
CITY OF PALM DESERT
DEVELOPMENT IMPACT FEE ANNUAL REPORT
FISCAL YEAR 2015-2016
This report contains certain information required to be filed annually by the City of Palm Desert (the "City") in accordance with the Mitigation
Fee Act, commencing with Section 66000 of the California Government Code. The reporting requirements set forth in the Mitigation Fee Act
(the "Act") are applicable to the impact fees imposed on new development in the City. The Act requires that a public agency, on an annual
basis, make available to the public within 180 days after the last day of each fiscal year the following information for the past fiscal year:
1) A brief description of the type of fee in the account or fund.
2) The amount of the fee.
3) The beginning and ending balance of each account or fund.
4) The amount of the fees collected and the interest earned.
5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement,
including the total percentage of the cost of the public improvement that was funded with fees.
6) An identification of an approximate date by which the construction of the public improvement(s) will commence if the County determines
that sufficient funds have been collected to complete financing of an incomplete public improvement(s), and the public improvement(s)
remains incomplete.
7) A description of each interfund transfer or loan made from the account or fund, if any, including the public improvement on which the
transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the interest
rate that the account or fund will receive on the loan.
8) The amount of refunds made due to sufficient funds being clooected to complete financing on incompete public improvements, and the
amount of reallacation fo funds made due to adminstratvie costs of refunding unexpended revenues exceedign the amount to be refunded.
The fee programs included in this report are the following:
Section A — Housing Mitigation Fee (Fund 214)
Section B — Child Care Facility Fund (Fund 228)
Section C — New Construction Tax Fee (Fund 231)
Section D — Drainage Facility Fee (Fund 232)
Section E — Park & Recreation Fee (Fund 233)
Section F — Traffic Signalization Fee (Fund 234)
Section G — Fire Facility Fund (Fund 235)
Section H — Art In Public Places Fee (Fund 436)
Section I — Transportation Uniform Mitigation Fee (Fund 610)
Section J — Multi Species Habitat Conservation Programn (Fund 610)
The City's Five Year Capital Improvement Program Budget is attached as a reference to future projects using existing cash balances for FY
2016-2017 through 2020-2021