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HomeMy WebLinkAbout23475 RESOLUTION NO. 23475 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS AND ACKNOWLEDGING RECEIPT OF THE FISCAL YEAR 2012-13 DEVELOPMENT PROJECT FEE REPORT REQUIRED BY GOVERNMENT CODE SECTION 66000. WHEREAS, the State legislature enacted the Mitigation Fee Act, codified as Cal. Gov. Code Section 66000 et seq.; and WHEREAS, the Mitigation Fee Act requires all local agencies to annually prepare financial reports on Development Project Fees; and WHEREAS, the City of Palm Springs collects five fees subject to the requirements of the Mitigation Fee Act; and WHEREAS, Section 66001(d) of the Mitigation Fee Act requires the local agency to make certain findings on a periodic basis. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND, DETERMINE AND RESOLVE: SECTION 1. The City Council acknowledges receipt of the City of Palm Springs Fiscal Year 2012-13 Development Project Fee Report. SECTION 2. Fund 135 Drainage Construction Fund. A. Fees are assessed on new construction for the purpose of building and maintaining a drainage and flood control system within the City. B. The City has an approved Drainage Master Plan approved by Resolution No. 9107. Fees are assessed by specific area in the City proportional to construct the improvements in the Drainage Master Plan for that specific area. C. The impacts for which the fees are collected still exist and funding for Drainage Master Plan improvement projects for which fees are collected is not complete. D. The scope of the contemplated improvements and the incremental nature of the impact fee collection have delayed collection of adequate fees to cover the cost of the improvements. E. The existing and future collection of fees is necessary to fund needed improvements to mitigate the impacts from all projects. SECTION 3. Fund 420 Wastewater Treatment Fund. A. Sewer connection charges are assessed on new construction for the purpose of paying on a proportional basis the completion of the 1983 expansion of the Wastewater Treatment Plant to the current 10 MGD capacity and to pay for the installation of service delivery facilities associated with such new construction. Resolution No. 23475 Page 2 B. The impacts for which the sewer connection charges are collected still exist and exaction of a proportional fair share of the Wastewater Treatment Plant expansion project for which the sewer connection charges have been are collected is not complete. C. The scope of the contemplated improvements and the incremental nature of the impact fee collection have delayed collection of adequate fees to cover the cost of the improvements. D. The existing and future collection of fees is necessary to complete the implementation of a proportional fair share funding of the Wastewater Treatment Plant expansion project to mitigate the impacts from all projects. SECTION 4. Fund 152 Quimby Act Fees Fund. A. Fees are assessed on new residential construction for the purpose of funding public park acquisition and capital improvements to park facilities. B. The City has a Parks and Recreation Master Plan and the General Plan contains standards for parks and recreational facilities to be acquired. Fees are assessed in proportion to new residential development in the City to ensure the expansion of park and recreational facilities to meet the needs of the rising population caused by the new residential development. C. Funding is ongoing throughout the continued residential development in the City of Palm Springs to meet the needs of the rising population. D. Quimby Act Fees are deposited into the fund as residential development is approved in the City of Palm Springs and expended for qualified park and recreation facilities as needed. SECTION 5. Fund 150 Public Arts Fund. A. Fees are assessed on new and re-construction, in lieu of providing public art, pursuant to PSMC Chapter 3.37 to develop and maintain a visual arts program, to add to the economic viability of the community, and to enhance the environment and unique character of the City for the acquisition and maintenance of quality works of public art. B. The Public Arts Fund in-lieu fees are borne by those whose development and revitalization diminish the availability of the community's resources for those opportunities, through balancing the community's physical growth and revitalization and its cultural and artistic resources. C. Funding is ongoing throughout the continued development in the City of Palm Springs. The acquisition of public art is on-going improvement as public art funds are deposited. Resolution No. 23475 Page 3 D. Public Arts Fees are deposited into the fund as development is approved in the City of Palm Springs and used to purchase or otherwise fund qualified cultural and artistic resources. SECTION 6. Fund 123 Special Development Fund. A. Fees are assessed on new development in the Canyon Area as defined by PSMC Chapter 9.69. B. Special Development Fees are assessed by type of development in the Canyon Area in proportion to the costs of projects needed to be constructed due to such development for flood control and storm drainage, Road and Bridge, and Fire protection. C. Funding is ongoing throughout the continued development of the Canyon Area. Specified projects will be commenced when funding is accumulated to fully fund the specific project pursuant to the Canyon Master Plan. D. Canyon Master Plan Development Fees are deposition into the fund as development is approved in the Specific Plan. E. The impacts for which the fees are collected still exist and funding for Canyon Master Plan Development improvements for which fees are collected is not complete. F. The scope of the contemplated improvements and the incremental nature of the impact fee collection have delayed collection of adequate fees to cover the cost of the improvements. G. The existing and future collection of fees is necessary to fund needed improvements to mitigate the impacts from all projects. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 1 eH DAY OF DECEMBER, 2013. DAVID H. READY, NAGER ATTEST: AMES THOMPSON, CITY CLERK Resolution No. 23475 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23475 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 December 18, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ES THOMPSON, CITY CLERK City of Palm Springs, California t�JJla/Zbi+