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CC Resolution 1997-070^^Q4 RESOLUTION NO.97-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, EXTENDING RESOLUTION NO.87-39, RELATIVE TO THE COMMUNITY INFRASTRUCTURE FEE POLICY WHEREAS, the City of La Quinta was Incorporated in 1 982; and WHEREAS, since this Incorporation the City has been, and continues to experience significant Development pressure in the form of applications and proposals for new residential and commercial land development within the City; and WHEREAS, there is inadequate drainage facilities in the City and there is a need to develop a drainage system since La Quinta is located in several flood zones, and is therefore subject to serious flooding of both the local and regional nature; and WHEREAS, there is a lack of public improvements and facilities including a deficiency in public safety facilities, and the City is responsible for maintaining an appropriate level of service to the present and future citizens of La Quinta; and WHEREAS, the City's existing circulation system is inadequate to handle current and future traffic patterns, and it is essential to widen City streets which have inadequate width, improve the circulation system to accommodate an anticipated increase in traffic, and improve and develop bridges and traffic signals suitable for traffic flow and to minimize conflicts between vehicle, bicycle and pedestrian movement; and WHEREAS, the continued and cumulative development of the City, with the consequent increase in population and demand for the use of public facilities, will impose increased requirements for such facilities, including but not limited to park and recreation facilities, major thoroughfares and bridges and traffic signalization, public safety facilities and other public buildings; directly from new development and the need cannot be met and financed from ordinary City revenues; and WHEREAS, the most practicable and equitable method of paying for such needed facilities was to impose a fee upon new development within the City and the payment of such a fee enabled the City to fund a construction program to provide such public facilities as they are required and demanded; that if a development agrees to pay the community infrastructure fee established by this policy, the Council will be able to find that all necessary public facilities and services will be available concurrent with the need and, in the event such finding cannot be made, the City Council will be required to disapprove the development as being inconsistent with the General Plan; and BIB] 09-04-1998-U01 09:18:14AM-U01 ADMIN-U01 CCRES-U02 97-U02 70-U02 ^^Q4Resolution No.97-70 Page 2 WHEREAS, on March 1 9, 1 985, the City Council deemed it necessary and desirable to establish a policy regarding the requirements which must be met before the City Council will find that the Public Building and Facilities Element has been satisfied and to establish a policy that will allow development to proceed in an orderly manner while insuring that the requirements of the Public Building and Facilities Element will be satisfied by establishing a fee to fund the cost of the above stated City provided facilities which will insure the availability of said facilities concurrent with need. Said policy was the subject of Resolution No.85-26 and was entitled the community infrastructure fee policy"; and WHEREAS, The City Council established the fee in an amount reduced from the recommended fee amount in order to reduce the cost of housing in La Quinta and to make housing more affordable, and the City Council contemplated that said infrastructure fee, as established, would be reviewed periodically to determine whether amendments were necessary to provide sufficient funds for needed Capital Improvements; and WHEREAS, Resolution No.87-39 was adopted by the City Council on August 4, 1 987; and WHEREAS, Resolution No.87-39 was based upon an Infrastructure Fee Report dated June 1 and 18, 1987, which at that time accurately stated the City's need of, and lack of ability, to provide for the described public buildings, facilities and services to serve new development; and WHEREAS, Resolution No.87-39 became effective on October 5, 1987 and remains in effect for a period of ten years, at which time it will be repealed, provided; however, that such period of time shall be extended by any period of time during which a residential development moratorium is in existence within the City; and WHEREAS, according to Resolution No.87-39 the Community Infrastructure Fee Policy shall be repealed on October 4, 1 997, at which time the City will cease to receive Infrastructure Funds from the development community to provide for infrastructure needs consistent with the growth of the City; and WHEREAS, the City staff is presently completing an analysis for City Council's consideration to adopt a new Development Fee Program to replace the Infrastructure Fee Program and more accurately meet the City's needs due to residential and commercial development. However, due to the complexities, this program will not be in place by October 4, 1997; and BIB] 09-04-1998-U01 09:18:14AM-U01 ADMIN-U01 CCRES-U02 97-U02 70-U02 ^^Q4Resolution No.97-70 Rage 3 WHEREAS, the City will lose valuable funding resources for each day that the Community Infrastructure Fee and proposed Developer Fee is not in place; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF Il-A QUINTA RESOLVES AS FOLLOWS: 1 Extend the Community Infrastructure Fee Program beyond October 4, 1997 until the program is replaced by the proposed updated Development Fee Program. PASSED, APPROVED AND ADOPTED this 5th day of August 1997, by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pro Tern Perkins NOES: None ABSENT: Mayor Holt ABSTAIN: None RON PERKINS, Mayor Pro Tern City of La Quinta, California ATTEST: City of La Quinta, California BIB] 09-04-1998-U01 09:18:14AM-U01 ADMIN-U01 CCRES-U02 97-U02 70-U02 ^^Q4Resolution No.97-70 Page 4 APPROVED AS TO FORM: DAWN C. HONEYW*LL, City Attorney City of La Quinta, California BIB] 09-04-1998-U01 09:18:14AM-U01 ADMIN-U01 CCRES-U02 97-U02 70-U02