HomeMy WebLinkAboutResolution 2010-064 N.C.S. 05/04/2010Resolution No. 2010-064 N.C.S.
of the City of Petaluma, California
MAKING FINDINGS REGARDING
UNEXPENDED DEVELOPMENT IMPACT FEES
WIIEREAS, the City of Petaluma imposes fees to mitigate the impacts of development,
pursuant to Government Code §§66000 et seq.; and,
WI-IEREAS, fees collected are deposited into a separate fund account for each type of
development impact fee; and,
WHEREAS, the a description of each fee, its amount, and various information required
by Government Code section 66006(b)(1) to be reported on an annual basis is set forth in the
Development Impact Fee Report -Fiscal Year 2008-2009 attached hereto as Exhibit A and
incorporated herein by reference ("the Report"), as required by Government Code §66006(b)(1);
and,
WI-IEREAS, the Report was made available to the public on the city's website on April
15, 2010; and,
WI-IEREAS, copies of the Report were mailed to all persons having requested notice of
City actions relating to fees by on April 15, 2010; and,
WIIEREAS, the City Council has reviewed the Report; and,
WI-IEREAS, the City of Petaluma has collected development impact fees in certain
funds, some of which fees will not be expended within. five years from the first deposit of fees
into said accounts; and,
WI-IEREAS, Government Code section 66001(d) requires the city to make certain
findings every five years with respect to the portion of the funds remaining unexpended five
years after the first deposit of fees into said funds and every five years thereafter; and,
WIIEREAS, as of June 30, 2009, the following fund account had funds remaining
unexpended more than five years after the first deposit of fees into said funds, and has not been
the subject of findings in the prior five years: Fund 2120 Community Center Facilities fee.
NOW, TIIEREFORE, BE IT RESOLVED that:
1. The recitals stated herein are true and correct and adopted as findings of the City
Council.
2. The City Council has received and reviewed the Development Impact Fee Report
- Fiscal Year 2008-2009 attached hereto as Exhibit A and incorporated herein by
reference ("the Report").
Resolution No. 2010-064 N.C.S. Page 1
3. As to Fund 2120 Community Center Facilities fee, the City Council finds that:
a. The purpose to which said fee is identified generally in Exhibit A of the
Report, and more specifically in the City of Petaluma Mitigation Fee Report
(Sinclair & Associates, May 8, 2008); and the Development Impact Fee
Calculation and Nexus Report for the City of Petaluma, California and Master
Facilities Plan for the City of Petaluma, California (both, Revenue & Cost
Specialists, LLC. August, 2003) (collectively, the "Nexus Studies"); Copies of
the Nexus Studies are available for inspection at the offices of the City Clerk.
b. There is a reasonable relationship between said fee and the purpose for which
it is charged, as more fully set forth in the Nexus Studies.
c. The remainder of funds needed to construct the public improvements
identified in the Nexus Studies related to said fee account will be collected
from future development impact fees through 2025, the life of the City of
Petaluma General Plan 2025, and from other sources as identified in the
Nexus Studies and the City's adopted Capital Improvement Program.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the A
Council of the City of Petaluma at a Regular adjourned meeting on the 4`h day of
May, 2010, by the following vote:
AYES.: Barrett, Vice Mayor Glass, Harris, Healy, Renee, Mayor Torliatt
NOES: None
ABSENT: Rabbitt
ABSTAIN: None
ATTEST:
City Clerk
city
Resolution No. 2010-064 N.C.S. Page 2