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HomeMy WebLinkAboutReso 73-24 FY 2023-24 Findings Development Impact FeesRESOLUTION NO.73-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA MAKING FINDINGS FOR UNEXPENDED DEVELOPMENT FEES IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6 6 0 0 0 AND REVIEWING AND ACCEPTING ANNUAL DEVELOPMENT FEE DISCLOSURE INFORMATION THE CITY COUNCIL City of Morro Bay, California WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and WHEREAS, among the procedural requirements mandated by the Mitigation Fee Act is a requirement that beginning with the fifth fiscal year following deposit of development fees into a designated account, and each fifth fiscal year thereafter, the City make specified findings regarding any portion of the fees that remain unexpended; and WHEREAS, the City has deposited all development impact fees that it has received in a separate non -commingled capital facilities fund established for such a purpose, pursuant to Government Code Sections 66006(a) and (b); and WHEREAS, a portion of the fees currently deposited in the City's Development Impact Funds for: General Government (Administration), Traffic (Streets), Parks, Highway 41 /Main Street, Traffic Impact, Storm Drain, Calvary Baptist Drain, Sewer Master Plan, and Flood Hazard Plan were collected over five years ago, and therefore the City wishes to make the findings required by Government Code Section 66001(d); and WHEREAS, the City also wishes to memorialize that it has made public certain information, pursuant to the annual information disclosure requirements of Government Code Section 66006(b), including but not limited to the amount of the fee, the beginning and ending balance of the fee account or fund, and the interest earned thereon, available to the public at least fifteen (15) days before the City Council considers this matter. The information required by Government Code Sections 66001 and 66006 is set forth in the FY 2023-24 AB1600 Annual and Five -Year Report: City of Morro Bay ("Development Impact Fee Report") considered concurrently herewith; and WHEREAS, on November 22, 2024, the information in the above -referenced recital was made available to the public as required by Government Code Section 66006(b); and WHEREAS, on December 10, 2024, the above -referenced recitals were presented to City Council at a duly noticed, regularly scheduled public meeting. NOW, THEREFORE, the City Council of the City of Morro Bay hereby finds, determines, and resolves as follows: Section 1. The recitals set forth above are true and correct and are incorporated herein by reference. Section 2. The City Council has considered the full record before it, which may include but is not limited to the staff report, the Development Impact Fee Report, testimony by staff and the public, and other materials and evidence submitted or provided. Section 3. The City Council finds that the General Government (Administration) Development Impact Fee Fund currently contains $411,083.49. in unexpended Development Impact Fees collected more than five years ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows: A. Additional funds are needed to renovate city Administration facilities and the Veteran's Memorial Hall. B. There exists a reasonable relationship between the unexpended funds described above and the purpose for which they were generated because expanded City facilities are required to accommodate the additional service needs associated with the properties that paid these fees. C. The estimated total cost of expanded administrative facilities such as City Hall will be updated in the forthcoming capital needs assessment. The City's funding sources will include unexpended Development Impact Fees of $411,083.49, future fees, and other available capital funding sources. D. The unexpended fees were deposited in the Administration Development Impact Fees Fund, which is the appropriate fund to finance administrative facilities. All future fees will also be deposited into this fund. The approximate date by which the above Development Impact Fee funds will be deposited into the appropriate account or fund for expenditure is 2026. Section 4. The City Council finds that the Traffic Development Impact Fee Fund currently contains $49,972.98 in unexpended Development Impact Fees collected more than five years ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows: A. Additional funds are needed to design and implement traffic improvements to mitigate impacts of new development. B. There exists a reasonable relationship between the unexpended funds described above and the purpose for which they were generated because the improvements will mitigate impacts of development of the properties that paid these fees. C. The estimated total cost of traffic improvements will be updated in the forthcoming capital needs assessment. The City's funding sources will include unexpended Development Impact Fees of $49,972.98, future fees, and other available capital funding sources. D. The unexpended fees were deposited in the Traffic Development Impact Fees Fund, which is the appropriate fund to finance these traffic improvements. All future fees will also be deposited into this fund. The approximate date by which the above 2 Development Impact Fee funds will be deposited into the appropriate account or fund for expenditure is 2026. Section 5. The City Council finds that the Storm Drain Development Impact Fee Fund currently contains $4,208.00 in unexpended Development Impact Fees collected more than five years ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows: A. Additional funds are needed to design and improve the City's storm drain facilities to accommodate new development. B. There exists a reasonable relationship between the unexpended funds described above and the purpose for which they were generated because the storm drain improvements will mitigate impacts of development from the properties that paid these fees. C. The estimated total cost of storm drain improvements will be updated in the forthcoming capital needs assessment. The City's funding sources will include unexpended Development Impact Fees of $4,208.00, future fees, and other available capital funding sources. D. The unexpended fees were deposited in the Storm Drain Development Impact Fees Fund, which is the appropriate fund to finance these storm drain improvements. All future fees will also be deposited into this fund. The approximate date by which the above Development Impact Fee funds will be deposited into the appropriate account or fund for expenditure is 2026. Section 6. The City Council finds that the Calvary Baptist Drain Development Impact Fee Fund currently contains $314.36 in unexpended Development Impact Fees collected more than five years ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows: A. Additional funds are needed to design and improve the storm drain adjacent to Calvary Baptist. B. There exists a reasonable relationship between the unexpended funds described above and the purpose for which they were generated because the improvements to the storm drain will help mitigate the impact from development of the properties that paid these fees. C. The estimated total cost of this storm drain improvement will be updated in the forthcoming capital needs assessment. The City's funding sources will include unexpended Development Impact Fees of $314.36, future fees, and other available capital funding sources. D. The unexpended fees were deposited in the Calvary Baptist Storm Drain Development Impact Fees Fund, which is the appropriate fund to finance this storm drain improvement. The approximate date by which the above Development Impact Fee funds will be deposited into the appropriate account or fund for expenditure is 2026. 3 Section 7. The City Council finds that the Sewer Master Plan Development Impact Fee Fund currently contains $51,072.58 in unexpended Development Impact Fees collected more than five years ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows: A. Additional funds are needed to update the City's Sewer Master Plan. B. There exists a reasonable relationship between the unexpended funds described above and the purpose for which they were generated because the Sewer Master Plan will positively impact the properties that paid these fees. C. The estimated total cost of Sewer Master Plan will be updated in the forthcoming update to the One Water Plan and any required follow up. The City's funding sources will include unexpended Development Impact Fees of $51,072.58, future fees, and contributions from the Sewer Operating Fund. D. The unexpended fees were deposited in the Sewer Master Plan Development Impact Fees Fund, which is the appropriate fund to finance the Sewer Master Plan development. All future fees will also be deposited into this fund. The approximate date by which the above Development Impact Fee funds will be deposited into the appropriate account or fund for expenditure is 2026. Section 8. The City Council finds that the Flood Hazard Development Impact Fee Fund currently contains $2,391.00 in unexpended Development Impact Fees collected more than five years ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows: A. Additional funds are needed to improve flood hazard areas in the city. B. There exists a reasonable relationship between the unexpended funds described above and the purpose for which they were generated because the improvements to the flood hazard areas will help mitigate impacts from development of the properties that paid these fees. C. The estimated total cost of improvements to the flood areas will be updated in the forthcoming capital needs assessment. The City's funding sources will include unexpended Development Impact Fees of $2,391.00, future fees, and other available capital funding sources. D. The unexpended fees were deposited in the Flood Hazard Development Impact Fees Fund, which is the appropriate fund to finance the improvements. All future fees will also be deposited into this fund. The approximate date by which the above Development Impact Fee funds will be deposited into the appropriate account or fund for expenditure is 2026. 4 Section 10. In accordance with Government Code Section 66006(b), the City Council has reviewed and accepted the annual disclosure information made available to the public regarding City mitigation fees, which was presented to the City Council and also placed on file with the City Clerk. PASSED, APPROVED AND ADOPTED this 10"' day of December 2024 AYES: Wixom, Eckles, Edwards, Landrum, Luffee NOES: None ABSENT: None ABSTAIN: None RECUSE: None uot 0� r� CARfA WIXOM, Mayor ATTEST: DANA SWANSON, City Clerk