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HomeMy WebLinkAboutAnnual Rprt for Dvlpmnt Impact Fees - as of 06/30/07MEETING DATE / C —C-' [ l;O°JTINUED TO I CITY OF PALM DESE'RTL] PASSED TO 2ND REEADit,G FINANCE DEPARTMENT Staff Report REQUEST: Annual Report of Calculation of Government Code 66006, Development Impact Fees for the City of Palm Desert DATE: October 25, 2007 Recommendation: By Minute Motion, that the City Council continue the public hearing of the Annual Report of Calculation of Government Code 66006, Development Impact Fees for the City of Palm Desert to the next regular Council meeting of November 8, 2007. Background: A Notice of Public Hearing for the Annual Report of Calculation of Development Impact Fees was advertised in the Desert Sun and is scheduled for the meeting of October 25, 2007. Staff requests that this item be continued to the next regular meeting so that concerns expressed by the Building Industry Association (BIA) may be addressed. Staff recommends that the Council continue the public hearing to the next regular Council meeting. Submitted By: aW0/ Paul S. Gibson Director of Finance/City Treasurer Approval: Carlos L. Ortega, pity Manager LEGAL NOTICE CITY OF PALM DESERT PUBLIC HEARING RELATIVE TO ANNUAL REPORT OF DEVELOPER IMPACT FEE NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider filing a report and resolution on developer impact fees as of June 30, 2007. SAID PUBLIC HEARING will be held on Thursday, October 25, 2007, 4:00 p.m. in the Council Chamber of the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert. All citizens are invited to present oral or written comments relative to the proposed impact fee report. Any citizen unable to attend may submit written comments to the City Clerk prior to the Public Hearing. Copies of the report may be reviewed at the Civic Center, Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Dated this 11 s` day of October, 2007. RACHELLE D. KLASSEN, CITY LURK CITY OF PALM DESERT, CALIFORNIA City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260 CITY COUNCIL AGENDA FINANCE DEPARTMENT STAFF REPORT REQUEST: Annual Report of Calculation of Government Code 66006, Development Impact Fees for the City of Palm Desert Date: October 25, 2007 CONTENTS: 1. Resolution making certain findings pursuant to Government Code section 66001. 2. Annual Report of Calculation of Government Code 66006 3. Capital Improvement Program 2007-2008 Recommendation: 1. Receive public testimony on annual report and findings. 2. Adopt Resolution No. making certain findings pursuant to California Government Code Section 66001 and 66006. Background: Following the passage of Proposition 13 in 1978, many cities began charging fees on new development to fund public improvements and services such as streets, traffic signals, parks, drainage, housing and art in public places. These fees are commonly known as development impact fees. In order to ensure that these fees were spent in a timely manner and on projects for which they were being collected, the State Legislature passed a bill known as AB 1600 (Mitigation Fee Act). This bill applies to developer fees, increased or imposed on or after January 1, 1989. AB 1600 enacts Government Code Sections 66000-66008 that generally contain four requirements: 1. A local jurisdiction must follow the process set forth in the bill and make certain determinations regarding the purpose and use of the fees, and establish a "nexus" or connection between a development project or class of project and the public improvement being financed with the fee. 2. The fee must be segregated from the general fund in order to avoid commingling of public improvement fees and the general fund. 3. If a local jurisdiction has had possession of a developer fee for five years or more and has not committed that money to a project or actually spent that money, then it must make findings describing the continuing need for that money. In addition, an annual report must be made of fees collected, interest earned, projects on which fees were expended, and any transfers or loans from the fee account. This report is to be reviewed by the local agency assessing the fees. 4. If a local jurisdiction cannot make the findings required under paragraph 3, the city must refund the fees collected.