HomeMy WebLinkAboutReso 76-23 of Findings Development Impact Fees FY 2022-23RESOLUTION NO. 76-23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
MAKING FINDINGS FOR UNEXPENDED DEVELOPMENT FEES IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 66000 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 2022-23 AB1600 Annual and
Five -Year Report: City of Morro Bay ("Development Impact Fee Report") considered concurrently
herewith; and
WHEREAS, on November 27, 2023, 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 12, 2023, 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
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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 $333,285.01 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 construct updated City Administration
facilities and to renovate 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 $333,285.01, 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 2025.
Section 4. The City Council finds that the Traffic (Streets) Development Impact Fee Fund
currently contains $66,467.15 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 complete streets maintenance projects.
B. There exists a reasonable relationship between the unexpended funds described above
and the purpose for which they were generated because improvements will be made to
mitigate impacts to streets associated with the properties that paid these fees.
C. The estimated total cost of the Highway 41/Main Street Intersection Project as of the
FY 2023-24 budget is $7,316,000.00. The City's funding sources will include
unexpended Traffic (Streets) Development Impact Fees of $597,950.00 collected as of
June 30, 2023, $228,050.00 in unexpended Highway 41/Main Development Impact
Fees, $600,000.00 in Measure E District Transaction Tax, and $5,890,000.00 in grant
funding.
D. The unexpended fees were deposited in the Traffic (Streets) Development Impact Fees
Fund, which is the appropriate fund to finance street maintenance projects. 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 2024.
Section 5. The City Council finds that the Parks Development Impact Fee Fund currently
contains $62,245.84 in unexpended Development Impact Fees collected more than five years
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ago. In accordance with Government Code section 66001(d)(1), the City Council finds as follows:
A. Additional funds are needed to complete all park maintenance projects.
B. There exists a reasonable relationship between the unexpended funds described above
and the purpose for which they were generated because the parks improvements will
positively impact the properties that paid these fees.
C. The estimated total cost of the Coleman Park project is $1,692,300.00. The City's
funding sources will include unexpended Parks Development Impact Fees of
$292,300.00 collected as of June 30, 2023 and $600,000.00 in grant funds. The
remaining $800,000.00 of project funding is yet to be determined.
D. The unexpended fees were deposited in the Parks Development Impact Fees Fund,
which is the appropriate fund to finance this park improvement. 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 2024.
Section 6. The City Council finds that the Highway 41/Main Development Impact Fee
Fund currently contains $45,242.10 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 replace the existing intersection at Highway
41/Main Street.
B. There exists a reasonable relationship between the unexpended funds described above
and the purpose for which they were generated because the intersection improvement
will positively impact the properties that paid these fees.
C. The estimated total cost of the Highway 41/Main Street Intersection Project as of the
FY 2023-24 budget is $7,316,000.00. The City's funding sources will include
unexpended Highway 41/Main Development Impact Fees of $228,049.52 collected as
of June 30, 2023, $597,950.00 in unexpended Street Maintenance Development Impact
Fees, $600,000.00 in Measure E District Transaction Tax, and $5,890,000.00 in grant
funding.
D. The unexpended fees were deposited in the Highway 41/Main Development Impact
Fees Fund, which is the appropriate fund to finance this intersection improvement. 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 2024.
Section 7. 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
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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
Development Impact Fee funds will be deposited into the appropriate account or fund
for expenditure is 2025.
Section 8. 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 2025.
Section 9. 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.
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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 2025.
Section 10. The City Council finds that the Sewer Master Plan Development Impact Fee
Fund currently contains $146,072.58 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 $146,072.58, 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 2025.
Section 11. 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. This is a correction to last year's report which was found to have a calculation error
resulting in this report stating this fund contained $17,385.99 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 2025.
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Section 12. 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 by the City Council of the City of Morro Bay at a
continued regular meeting held on this 13"' day of December 2023 by the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
ABSTAIN:
None
RECUSE:
None
w1v ,
CARLA WIXOM, Mayor
ATTEST:
F�� 11
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