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HomeMy WebLinkAbout24485 RESOLUTION NO. 24485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) 2018 FEE SCHEDULE NEXUS STUDY, THE UPDATED (TUMF) HANDBOOK, AND INCREASING THE TRANSPORTATION UNIFORM MITIGATION FEE APPLICABLE TO ALL DEVELOPMENTS IN THE CITY OF PALM SPRINGS. WHEREAS, the City of Palm Springs ("City") is a Member Agency of the Coachella Valley Association of Governments ("CVAG"), a joint powers agency consisting of the County of Riverside ("County"), the Aqua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the "Regional System") could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on new development within the jurisdiction; and WHEREAS, as a CVAG Member Agency, the City participated in the preparation of the 1987 Coachella Valley Area Transportation Study ("1987 Transportation Study") prepared pursuant to the Mitigation Fee Act (Government Code section 66000 et seq.) and based on the 1987 Transportation Study, the City adopted and collects this fee; and WHEREAS, CVAG commissioned the preparation of various studies ("Fee Studies") which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets; and WHEREAS, the Fee Studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the Regional System and the need to mitigate these transportation impacts using funds levied through the TUMF program; and WHEREAS, the Fee Studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the Regional System needed to accommodate growth in the Coachella Valley to the year 2040; and Resolution No. 24485 Page 2 WHEREAS, CVAG commissioned Michael Baker International, Inc., to prepare an updated TUMF study entitled "Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update Nexus Report,"dated March 2018 (the"2018 Nexus Study")to establish updated TUMF levels and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and WHEREAS, the 2018 Nexus Study revealed the need to revise the provisions of the TUMF ordinance to reflect changes in the Mitigation Fee Act which governs the adoption and implementation of development impact fees, and to reflect the findings of the 2018 Nexus Study; and WHEREAS, the updated TUMF Handbook accurately reflects increased rates established for the TUMF in accordance with the 2018 Nexus Study; and WHEREAS, the City Council wishes to accurately collect TUMF along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly; and WHEREAS, this adjustment to the TUMF modifies a development impact fee that is subject to the Mitigation Fee Act, codified at California Government Code (CGC) §66000 et seq., and more specifically in accordance with CGC §66016, §66013, or §66014, and the City, in considering this adjustment to the TUMF, is adhereing to the procedures of CGC §66016(a); and WHEREAS, by notice duly given and posted, on September 5, 2018, the City Council conducted a public hearing to consider approval of the TUMF increase; and WHEREAS, the City Council has considered any verbal and/or written testimony, and has reviewed and considered the information in the study and supporting data, and information provided at the public hhearing by staff and the public. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS: A. The true and correct recitials above are incorporated by this reference herein as the basis and foundation for the City's adoption of this Resolution. B. The new fee subject and pursuant to California Government Code Section 66000 et seq. shall be effective not earlier than sixty (60) days after the adoption of this resolution. C. The Director of Finance is hereby authorized and directed to incorporate said increased TUMF into the development fees collected by the City. Resolution No. 24485 Page 3 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 5T" DAY OF SEPTEMBER, 2018. DAVID H. READY, CITY MANAGER ATTEST: A'AA- Ak*& Y . C CITY CLER CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24485 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 5, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day ofA-nf vt� hony J. M jia, City Clerk