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CC Resolution 1985-025+7 RESOLUTION NO. 85-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, EXTENDING RESOLUTION NO. 85-8 INTERIM COMMUNITY INFRASTRUCTURE FEE TO BE IMPOSED ON NEW DEVELOPMENT) FOR 30 DAYS. WHEREAS, on February 19, 1985, the City Council adopted Resolution No. 85-8, establishing an interim community infra- structure fee to be imposed on new development, as an urgency measure. The provisions of said resolution are incorporated herein by this reference; and WHEREAS, by its terms Resolution No. 85-8 expires March 19, 1985, and it is the intent of the City Council to extend the provisions of said resolution for an additional period of 30 days; and WHEREAS, a noticed hearing on said extension has been conducted in accord with the provisions of state law; NOW, THEREFORE, the City Council of the City of La Quinta, does hereby resolve as follows: 1. All provisions of Resolution No. 85-8, including the establishment of an interim community infrastructure fee, are hereby extended for a period of 30 days. 2. This Resolution is adopted as an extension of an urgency measure as an interim fee to protect the public health, welfare and safety. The reasons for this urgency action are set forth in the Whereas" to this Resolution and Resolution No. 85-8 coupled with the fact that: a) The City's public facilities and services are at capacity and are not available to adequately accommodate- date the additional need for public facilities and services resulting from proposed new development; b) City cannot and will not make required findings that public facilities and services are available to meet the demands of future development without financial developer assistance to pay for such services and facilities; and c) Developers with developments totaling many hundreds of units are presently in a position to request and obtain building permits and other development entitle- ments and, unless this Resolution is adopted as an urgency measure, such developments may escape payment of their pro-rata fair share of the cost of said needed public facilities and services. APPROVED and ADOPTED this l9thday of March 1985. BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7RESOLUTION NO. 85-25 ATTEST: CIT??CL?RK APPROVED AS TO FOR APPROVED AS NTENT: NAGER CITY? ATTOR BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 APPENDIX V PUBLIC BUildings?INGS AND FACILITIES ELEMENT PLAN BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 LA PUBLIC BUILDING?I?? FACILITY?? T CF ThE PLAN I. Intx??jon The City of quinta is re?uired State law to adopt? implement?t a comprehensive?ive 1long-term?-te?rn General Plan for the physical development?rel?t of the City, c?rsistj of required elements any other?r el?&ts ii? r?1ate to the ysica1 d?el??t of the City. In or?er to pr?ide for a ca?1ete irpre???sive plan for the c?r?nt of the o??ty in aooord with state 9eneral plan regu??ts, it is de?r?? essential that provision be ri?de for the ad?u? of lic bLliidii??s and facilities to serve istj and future residents of the City, and aooo?ing1y, that this ge??ral plan el?r?t be adapted and irrpl?ted fortytith. Ii. P??se and The City of La inta in?incorporated in 1982 arx?, Cr an interim basis, the City t?3 the existing County G&?General Plan. The City is in the pr?process of pr?arlng its i xrp1ete General Plan ich will ir?lude all el?ts. Sin? its ir?orporation, the City has be?n ard cxritjii?es to c?erier? significant 1c?irent pressure? in the form of applications and pr?proposals for residential and c??rr?commercial 1ai?? deve1?irent within the City. At the present tiit?, the City has seri?s deficiencies in that its lic Rliidir?7S and facilities are to serve its residents. inadequacies t are necessarily l?mite? to, the following: a. re are inadequate drainage? facilities in the City causes an lrr!T?te and seri?is threat to i:public health and safety six?e the City i? located in several flood zones ar? is therefore subject to SerlOQS fl?ing of th a local and regional?al nature; BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7b. There ar? currently no public safety buildings in the City, with t? exception? of the fire station?, hi? is inadequate?ua? to serve the health?th safety n?s of its residents?nts. C. me City currently has 1public a&administration? and o?community buildings, s??h as city hall, c??community center, l public library or corporation? yard. d. The City's isting park facilities are in?&?te to prD?1de for t? City' S l ic park ar?? recreation? needs to a??te the City's fast i1ati?. e. The City' S existim? cir?circulation?? system?n is ir?te to serve p?nt and futur? residents and it is essenti to w?'en City streets ic:h have in??equate width, ilrpr??e t? circuiati?xi syst? to ac?rir?)date an anticipated in?ase in traffic, and to IiTpr?e and deeel? bridges? and traffic signals for suitable traffic flo..' and to nwurniz*'e licts between vehicle, bi?bicycle and pedestrian irOv?rent. f. Th? are ceieently public schools in the City and all student residents?ts IrLiSt be bussed to schools located c?tside its boundaries"aries. A tanti iccct will be created existing?g* pL?public facilities as su? di'visi? and other deve1?xr??ts in the uidevelcped rti?s Of the City and its ecteed piannin? are?. This continued deve1?r?t of t? City, wit]? the s?i?t increa? in and in the use of lic facilities, will irr?ose ir?reased r?uir?ents for sIxi facilities and ildings, ir?luding, hit mot ljmited to, schools, parks, major streets and bridges?es, traffic signals, drainage facilities, and public buildings&ings, sui as fire station?, police facility- ties, library, multi?:?purpose?se I?community center, corporate maintenance facilities, and administration? offices. The necessity for su? blic 1dln?s ar?? facilities flew or ex??) re?ts, bot dire?y and ir?dire?tly, fni- develc?rr?nt within the City. Financing of can?? be ret fra? ordinar? 2- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7facilities. schools, drainage facilities. major thoroughfareshfare? and bridges and traffic signalization. Additionally. the City may also wish to include a library and other fa?ilities. 3. Specific Authority for Each Type of Proposed Exaction. Although the basic authority of a city in imposing exactions on flew development is contained in the constitutional municipal police power Art. XI. Sect. 7) there are several specific legislative authorizations enabling legislation), nostly contaix?ed in the Subdivision Map Act. which should be implemented to the extent such authorizations are applicable to the community infrastructure needed for La Quinta. To the specific authority is not provided for a particular infra?infrastructure improvement, then the city would impose the exaction under the constitutional police power. a. Park Recreation Facilities. A city may by ordinance under Gov. C. 66477 Subd. Map Act) require the dedication of land or payment of fees for neighborhood and community park or recreational purposes. Associated Home uilders V City of Walnut Creek 1971) 4.Cal.3d 633. Ho?ever, before such a con- dition can be validly attached to approval of a map, certain criteria Rust be met. I) The ordinance must be in effect for a period of 30 days before filing of the tentative or parcel map. 2) The ordinance must include definite standards for determining the proportion of the subdivision to be dedicated and the amount of the fee to be paid. The standards provisions were substantially amended in 1982 to permit a 3 acres of park area per 1.000 persons formula with certain exceptions. 3) The land or fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision and the amount and location of land to be dedicated or fees paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabi- tants of the subdivision. In Associated Home Builders, Inc., the court did not put a strict limitation on this criteria. It stated the fees are justified if used for park and recreational facilities generally available to subdivision residents. The facilities need not be exclusively for them. See footnote S on p.640 of court decisior.). 3- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 The legislative body must have a recreation element in its general plan and the park and recreational facilities are to be ir accordance with the plan. 5) The city shall develop a schedule apecifying ho?. when and where it will use the land or fees or both to develop par? or recreational facilities. Any fees collected under the ordinance shall be co?itted within five years after payment of the fees or the issuance of building permits on one half of the lots created by the subdivision, whichever occurs later. If the fees are Dot co?itted, they shall be distributed and paid to the then record o??ners of the &subdivision in the same proportion that the 6ize of their lot bears to the total area of all lots in the subdivision. 6) only payment of fees may be required for subdivisions containing 50 parcels or less. 7) Subdivision of less than five parcels that are Dot used for resi- dential purposes shall be exempt unless a building permit for residential structure(s) is requested for one of the parcels within four years. Parkland dedication does not apply to commercial and industrial?strial subdivisions or condominium projects or stock cooperatives which consist of subdivision of airspace in an existing apartment building more than five years old when no new dwelling units are added. 8) Fees shall be payable at the time of the recording of the final map or at a later time as may be prescribed by local ordinance. b. School facilities Interim & Permanent). Interim Facilities. The 1977 Legislature enacted GQv. C. 65970 Ct seq., requiring dedication of land and the payment of fees for interim school facilities. This law auth- orizes a city, under an ordinance adopted at least 30 days before, to require dedication of land, fees, or both for classroom and related facilities for elementary or high schools as a condition of approval for a residential developm?t, provided that all the following occur: 1) The general plan provides for the location of public schools. 2) The ordinance has been in effect for a period of 30 days before the ir?plementation of the dedication or fee requirement. 3) The land, fees or both? transferred to a school district s?a1l be useA only for the purpose of providing inter? elementary or high? school classroom and related facilities. 4- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 The location and amount of land to be dedicated or the amount of fees to be paid. or both. shall bear a reasonable relationship to the needs of the community for interim elementary or high school facilities and shall be reason?nably related and limited to the need for schools caused by the development. The fees shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. Instead of the fees, the builder of a residential- development may. at his option and expense. provide interim facilities. owned or controlled by the builder. at the place designated by the school district. and at the conclusion of the fifth school year the builder shall, at his own expense. re?ve the ir?interim facilities. 5) A finding is made by the city council or board of supervisors that the facilities to be constructed from fees, land, or both. are consistent with the general plan. This law further provides that if the school district has received apportionment under the Leroy F. Greene State School Building Lease- Purchase Law of 1976 Chapter 22 fco?encing with 17700 of Part 10 of the Education Code). the city shall not be permitted to le?' any fee or to require any dedication of land within the attendance area of the district. Interim facilities are defined as being limited to temporary classrooms. including their utilities, furnishings. and toilet facilities not constructed with permanent foundations. Per?anent Facilities. The above specific Map Act authority is for interim facilities only. The City has adopted Res. #84-14 imposing fee payment requirements for permanent facilities for Desert Sands Unified School District in the amount of $628.00 per dwelling unit. Although there is some authority for imposition of exactions for permanent school facilities see Builders Ass'n of Santa Clara, Santa Cruz Counties v. Superior Court 1974) C 3d 225). a court of appeal has recently held that a similar permanent fee exaction is invalid as being pre-empted by the Coverntnent Code provisions for interim facilities Candid Enterprises v. Cross?ont School District). The California Supreme Court has granted a bearing and the opinion is now vacated. A ruling by the Supreme?e Court caL be expected within a year. Recot?endation: Adopt an interim facilities exaction under the aegis of the map act and a permanent facilities exaction under the aegis of 5- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 the constitutional police power See e) infra). Provide that payment of the peru?nent exaction? only is required, unless? the peri?nent exaction is invalid, in which case the inter? facilities exaction shall be applicable. C. Drainage facilities. Government Code 66483 Subd. Map Act) details the requirements for payment of fees to defray actual or estimated costs of constructing planned drainage facilities and planned sanitary sewer facilities for local or neighborhood areas. The local ordinance requirement must meet certain criteria. The City must have a general drainage plan and the fees shall be paid into a *`planned local drainage facilities fund". The fees that are required must be fairly apportioned within the areas either on the basis of benefits conferred or on the need for the facilities created by the proposed subdivider. In interpreting this section the Attorney General has stated that a city must comply with its requirements when enacting a drainage fee ordinance under its police powers regulating a division of land but if it desires to use so?e other police power authority or taxation power it need not follo? the requirements of 66483. The City of La Quinta has adopted, as its subdivision ordinance, Ord. 1460 of Riverside County, which imposes an xaction for drainage fees pursuant to Ccv. C. 66483. However, it is still necessary to adopt an area drainage plan and fairly apportion fees pursuant to the plan, before the exaction becomes effective. d. Major Thoroughfares & Bridges. Under Ccv. C. 66484 Subd. Map Act), a local ordinance may require the payment cf a fee, as a condition of approval, for purposes of defraying the actual or estimated costs of constructing bridges over waterways, railways, free?ays, and canyons, or constructing major thoroughfares. Unfortunately, section 66484 reads like an assessment district act an? provides for an abandonment of the exaction requirement bY a majority protest of the owners of land to be benefited by the i'nprovements with no provisions for overruling such protests by a 4/5 majority vote of the city council). It is my view that Ccv. C. 66484 would not be helpful for our purposes. Thus, it is recommended that exactions for bridges and major thoroughfares be made under the aegis of the constitutional police power. e. Fire Station, Public Safety Facility, City Ad?inistrative Offices and Traffic Si?Signalization?atjon. o specific legislative authorization enabling legislation) e),ists for BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7exacting cw development fees for a fire station. public safety facility, city administrative offices or traffic signalization at major intersections or library. if desired by the city). Also, as stated previously, no such authorization exists for permanent school facilities, and the map act authorization for major thoroughfares and bridges is ineffective and Virtually useless for our purposes herein. Thus, all of the above mentioned exactions must be enacted under the Constitutional police power. The major legal concern in imposing such exactions is the limitation that the condition imposed must bear B reasonable relationship to the public needs created by the development, especially in light of the recent court of appeal case which invalidated B city growth requirement capital fee' cm lack of reasonable relationship grounds. B.l.A. V. City of Oxnard Sup. Ct. hearing granted). If the city follows the steps outlined in the n?t section 4). it should alleviate reasonable relationship concerns relative to these exactions. Another potential problem is the Jarvis Initiative Jarvis III) on the November 84 ballot. Jarvis III, if approved, amends Art. XIII of the Calif Constitution, enacted as rop. 13 in 1978. by including within the I St definition of a prohibited * tax any levy or charge however labeled or structured except fees, assessments, and fines. At this time it is uncertain whether jarvis III will be approved, and if so, how and in at manner it will be interpreted. In any sense, I feel that most of the potential problems can be avoided, by structuring the exaction method as follows. 1) amend the general plan circulation, recreation and public facilities element) by making recitals relative to the cumulative impact of development which will create a need for the new or improved public facilities and providing a program'? bich will insure all such facility- ties will be available Concurrent with new development; 2) adopt such a program by resolution providing that, before development approval. the developer shall present evidence" that all necessary)' services and facilities will be available concurrent with need; 3) the evidence will be in the form of an agreement between the city and developer, whereby developer commits to payment of a public facilities fee for the purpose of defraying the cost of constructing such facilities, concurrent with need; and 4) if the developer refuses to sigN the standard agreement, th? pr?ject should be denied as being inconsistent with the general plan require?ents. 7- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 Ste?s to insure a Reason8ble Relationship lexuS) 3?tveeri the Exaction and the Growth impact Generating? the Exaction. a. Establish Time Period and Grow th Rate. A ti? period must be established e?. 10 year?); a?d a growth?h rate must be establish?hed during that time period, which growth rate 15 such that existing facilitieS eg. major thoroughfares. city hall, parks, etc.) will require improvement if the existing/needed level Qf service is to be maintained. Information sources: rate of growth statistics; economic surveys; proposed development statistics; specialty statistics froto various depart?ents and agencies eg. traffic volume, fire safety. water and sewer permits, etc.) b. Establish a Reasonable and Definable Area of Impact. There must be a rational relationship nexus) between the impact of the new user resident or commercial) and the necessity to make the required improvements because of that impact. A definable area of impact must be established. In the case of certain improvements eg. city ball), the entire city and proposed future boundary at end of 10 years) may be the area of it?pact. Other more local improvements eg. major thoroughfares and traffic signalization) may require the establishment of areas of impact'? within the city; and the fees collected vitbin each area must be specifically earmarked for expenditure within the area. C. Establish Cost of Proposed Improvements. The coSt of providing the required new improvement must be established. including today's documented costs and anticipated future costs within the 10 year period or, perhaps. an annual inflation factor). d. Apportion Projected Improvement Costs Between Existing Users and New Users. Theoretically. the new users may only be required to pay the Cost of projected improvements to the extent that the?r presence necessitates such new improvements. That is, the fee should not exceed the new user pr?rata share of the anticipated cost of the new improvements. 5. Recommended Implementation Procedure. a. Ar?erid general plan as follows: 1) add a recreation element?ent to provide necessary park and recreation facilities; 2) amend:end the circulation element??nt to provide necessary' major thoroughfares, bridges and traffic signalization facilities; 3) add a public facilities element to provide other necessary 8- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 facilities fire station, public safety facility. city administrative?ve offices. library and school&); 4) make recitals relative to the cumulative- impact of development creating the need for new or improved facilities and providing a program which will insure all facilities will be available concurrent with new development; and 5) adopt a drainage plan and apportion fees pursuant to the plan. b. Prepare a reasonable relationship financial study which will insure a rational connection nexus) between the impact of new development and the ne?essity to install the re?uired facilities because of the cumulative impact. This would include establishing the cost of such new facilities and fairly apportioning such costs between existing and ne? users. See section 4. This study should be prepared concurrently wjtb the general plan a?end?ents. C. Adopt necessary ordinances and resolutions implementing and establishing the ex?ction programs and thereby implementing the general plan. 9- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 APPENDIX IV DRAFT?T Resolution/Agreement? for&x Infrastructure Fee Program P? BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 RESOLUTION 95- DPA FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFO?IA, ESTABLISH A COMM?ITY I?FRAST?infrastructure FEE POLICY TO BE IMPOSED ON NEW DEVLOPMENT WHERAS, the City of La Quinta was incorporated in 1982 and, on an interim? basis, the City has adopted the existing County General Plan and the City is now in the process of preparing its own complete General Plan, consisting of all required elerne?ts; and WHE?S, since its incorporation, the City has been and continues to experience significant development pressure in the form of applica- tions and proposals for new residential and commercial land development within the City; and W?ERLAS, new development does not currently pay it's reasonable share for infrastructure improvements while development is occurring in La Quinta at a rapid rate adding further deterioration and impacts on the City's existing infrastructure; and WREREAS, there are inadequate drainage facilities in the City and there is a need to develop a drainage system since La Quinta is locatea in several flood zones and is therefore sub?ect to serious flooding of both a 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 of La Quinta currently has no permanent public buildings, such as a City Hall and a Municipal Library, to conduct government business and provide for quality service to the community and there is a need to acquire land for and construct such public buildings; and WHEREAS, there is no specific funding source to acquire land and develop city parks and recreation facilities, and maintain and improve its existing park facilities and there is a need to provide for the public's park and recreation needs to accommodate the City's rowing population; 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 frprove and develop bridges and traffic signals for suitable traffic flow and to minimize conflicts between vehicle, bicycle, and pedestrian movement; and WUERAs, existing City revenues and fees ixrposed upon new devel- opment, including the existing development fee collected for fire and police facilities and equipment and traffic signalization pursuant to Section 3.17.020 of the La Quinta Municipal Code, are inadequate to provide needed infrastructure for future anticipated development; and BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7ISOLUTION O. 85- WHEREAS, the City has recently adopted a Public Facilities and Building Element of the General Plan, the goal and objective of which is to provide a comprehensive public services and facilities and public building program for the citizens of the City of La Quinta now and in the future so as to ensure that all necessary public facilities will be available concurrent with need in connection with the development of the City pursuant to the balance of the General Plan. The provisions of said Public Facilities and Building Element are incorporated in this Resolution by this reference; and WHEREAS, the continued and cumulative development of the City, with the consequent increase in population and in 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 frorn new developments and the need cannot be met and financed frorn ordinary City revenues; and WHEREAS, the most practicable and equitable method of paying for such needed facilities is to impose a fee upon new development within the City and the payment of such a fee will enable 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 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 WHEREAS, it is deemed necessary and desirable to hereby 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 estab- lishing a fee to fund the cost of the above stated City provided facilities which will insure the availability of said facilities con- current with need. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF QUI?TA DOES REREBY RESOLVE AS FOLLOWS: 1. Findings. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. The City Council further finds that: a. The report entitled *, dated arch 1985, accurately states the City?s need of and lack of ability to provide for the described public buildings, facilities and services to serve new development. Said report sets forth a necessary and reasonable method of funding said buildings and facili- ties. Said report is hereby approved. b. In order to allow residential and commercial land development to proceed in an orderly manner, while insuring BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7RESOLUT1O? NO. 95- that all new development is consistent with the General Plan, including the Public Building and Facilities Element, it is necessary and appropriate to establish the following infrastructure fee to be imposed upon new developments. Said fee will assist the City in funding a construction program to provide such needed public buildin9s and facilities as they are required and needed. If said infrastructure fee is imposed upon and paid by new development in accord with the provisions of this resolution, then and in that event, the City is enabled to make a required finding that all NEcessary public facilities and services will be available concurrent with need. On the other hand, if said infra- structure fee is not so imposed and paid, the City shall be required to disapprove such development as not consistent with the General Plan. 2. Community Infrastructure Fee Policy. Amount. Prior to approval of any zoning, rezoning, subdivision, or develop- ments proposal, the applicant shall pay or agree to pay a Community Ihf infrastructure Fee in the following amount for the following type development: a. Residential b. Mobile Home Park C. Commercial The percent of said Community Infrastructure Fee attributed to each category of infrastructure is as follows: The fee shall be paid prior to issuance of building or other similar permits and shall be based on the valuation at that tji?e. 3. Use of Funds. Capital Outlay. All proceeds from fees collected pursuant to the community infrastructure fee policy shall be paid into special capital outlay funds to be established by the City. Said fund or funds shall be used only for the purpose of acquiring, building, improving, expanding and equipping public property and public improvements and facilities described as commonality infrastructure in this Resolution, as the City Council may deem necessary and appropriate. Designation of expenditures of funds available from the special capital outlay fund(s) shall be made by the City Council in the context of approval of the City? annual operating an? capital improvements bud9et or at such other time as the Council may direct. 4. Exclusions and Exceptions. There is excluded from the fees imposed by policy, the following: a) Any person when imposition of such fee upon that person BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7RESOLUTION O. 85- would be in violation of the constitution and laws of the United States or the State of California. b) The construction of any building by the City of La Quinta the United States or any department or agency thereof or by the State of California or any department, agency or political subdivision thereof. c) The City Council may grant an exception for a low cost housing project here the City Council finds such project consistent with the housing Element of the General Plan and that such exception is necessary. In approving an exception for low cost housing the City Council may attach conditions, including limitations on rent or income levels of tenants. If the City Council finds a pro?project is not being operated as a low cost ho?sing project in accordance with all applicable conditions, the fee, which would otherwise be imposed by this chapter, shall immediately become due and payable. 5. Credits. Other Methods of Providing Infrastructure. Unless otherwise specifically provided herein, the community infra- structure fee shall be in addition to and not in lieu of other valid exactions imposed upon new developments through the sub- division or other approval processes. Provided, however, that payment of the infrastructure fee shall be in lieu of payment of the public facilities and equipment and traffic signalization- tion fund pursuant to La Quinta Municipal Code, 3.17.020. Provided further, that in the event developer directly provides infrastructure improvements specifically provided for in the fee structure e.g. ma3or thoroughfare widening or fire station construction), the cost of which exceeds the cost of the exaction to the extent said exaction could legally have been imposed on developer, developer shall receive a fair and equitable credit not to exceed the amount of infrastructure fee paid for the fee category of the developer improvement. City hereby determines that the infrastructure fee is not intended to be the exclusive xnethod of installation of needed public buildings and facilities and the City wi?l consider alternative proposals such as the Mello-Roos Community Facil- ities Act of 1982), to provide needed infrastructure to partic- ular development and, to the extent such alternative proposal is discretionary approved by the City Council, developer shall receive a fair and e?equitable credit against payment of the infrastructure fee. 6. Validity Severance. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid, such holding or holdings shall not affect the validity of the re?ainaing portions of this Resolution. The Council declares that it would have passed this Resolution and each Section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or re sections, subsections, sentences, clauses or phrases be declared invalid. BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7RSOLUT:ON NO. 85- In determining the amount of infrastructure fee, the City Council has been guided by the report entitled Infrastructure fee Study", but has reduced the fee from the amount recommended therein in order to reduce the overall cost of housing in the City. In the event any category of such fee shall be declared invalid, such determination shall not affect the validity of any other category. The Council further finds, declares and determines that the infrastructure fee on all remaining valid fee category shall be increased by the aiflounts of the fee categories declared invalid. Provided, however, that the amount of the remaining valid fee categories shall not be so increased over and above the amount recommended by said report for each such category. 7. A&r?administration and Enforcement. Effective Date. Repealer. The Community?unity Development Director shall be responsible for the adininistration and enforcement of this policy. His decision nay be appealed to the City Council whose decision shall be final. The City Manager is hereby authorized to execute necessary agreements for the administration of this policy. This Resolution shall become effective May 18, 1995, and shall remain in effect for a period of ten 10) years through May 17, 1995) at which time it is 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. APPROVED and ADOPTED this day of 1995. MAYOR ATTEST: CITY CLERK APPROVED As TO FORM: APPROVED AS TO CONTENT: CITY ATTO?EY CITY MANAGER BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 AGREEMENT BETWEEN DEVELOPER-OWNER DRAFT AND THE CITY OF LA QUINTA FOR THE PAYMENT OF A COMMUNITY INFRASTRUCTURE THIS AGREEMENT is entered into this day of 19 by and between name of developer-owner) a hereinafter referred to as corporation, partnership, etc?) Developer" whose address is street) and the CITY of City, State and Zip Code) LA QUINTA, a municipal corporation of the State of California, herein after referred to as City". W I T N E S S E T H: WHEREAS, Developer is the owner of the real property described on Exhibit attached hereto and made a part of this herein- after referred to as Property?; and W?EREAS, the Property lies within the boundaries of City or is proposed to be annexed to City; and WHEREAS, Developer proposes a development project as follows: on said Property, which development carries the proposed name of and is hereafter referred to as Development?; and WHEREAS, Developer filed on the day of 19 with the City a request for Hereinafter referred to as Request"; and WHEREAS, City has adopted a Public Buildings and Facilities Element of the City General Plan which requires that the City Council find that all public facilities necessary to serve a development will be available concurrent with need or such development shall not be approved; and WHEREAS, Developer and City recognize the need and validity of Council Resolution No. 85- dated March 19, 1985, on file with the ity Clerk and incorporated herein by this reference, and that the City?s public facilities and services are at capacity and will not be BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7available to accommodate the additional need for public facilities and 5services resulting from the proposed Development; and WHEREAS. Developer has asked the City to find that public facilities a?d services will be available to meet the future needs of the Development as it is presently proposed; but the Developer is aware that the City cannot and w?ll not be able to make any such finding without financial assistance to pay for such services and facilities; and therefore, Developer proposes to pay its pro-rata share of the cost of said facili- ties by payment of the Community Infrastructure Fee as required by Resolution o. 95- NO?, TkiERE?ORE? in consideration of the recitals and the covenants contained herein, the parties agree as follows: 1. Developer shall pay to City a community infrastructure fee for the purpose of funding the cost of increasing the level of public facilities and improvements necessary to accommodate the increased needs resulting from the cumulative impact of new development. The amount of said fee and the terms and conditions relative to payment thereof shall be as Set forth in said Resolution No. 8?- Said fee shall be paid prior to issuance of a building or other construction permit for the development 2. This agreement and the fee paid pursuant hereto are required to ensure the consistency of the Development with the City?5 General Plan. If the fee is not paid as provided herein, the City will not have the funds to provide the public facilities and services, and the development will not be consistent with the General Plan and any approval or permit for the Development shall be void. 3. City agrees to deposit the fees paid pursuant to this agree- inent into one or more public facilities capital outlay funds for the financing of public facilities to be constructed when the city Council determines the need exists to provide the facilities and sufficient funds from the payment of this and similar community infrastructure fees are available. city agrees to provide upon request reasonable assurances to enable Developer to comply with any requirements of other public agencies as evidence of adequate public facilities and services sufficient to accommodate the needs of the Development herein described. 2- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 5. All obligations hereunder shall terminate in the event the request ade by Developer are disapproved. 6. This agreement shall be binding upon and shall inure to the benefit of, and shall apply to, the respective successors and assigns of Developer and the City, and references to Developer or City herein 8h811 be deemed to be reference to and include their respective successors and assigns without specific mention of such successors and assigns. If Developer should cease to have any interest in the Property, all obligations of Developer hereunder shall terminate; provided, however, that any successor of Developer?s interest in the property shall have first assumed in writing the Developer?s obligations hereunder. I? WIT?ESS WHEREOF, this agreement is executed in Riverside County, California, as of the date first written above. D?ELOPER-OWNER CITY OF LA QUINTA, a municipal corporation of the State of California name) S BY________________________________ BY______________________________ City Manager Title) BY_______________________________ Approved as to Form: Title) City Attorney ATTEST: City Clerk 3- BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 June 6, 1987 City of La Quinta P.O. Box i?O4 La QuinTa, CA 92253 ATTN Administrative Services Director Pleaso accept this resume as application for the posiTion of Principal Planner Advance Planning) as advertised in the June is?ue of Jobs Available. In addition to my resume, leL me briefly outline my general qualifications and strengths. Seven years increasingly responsible. experience in the professional planning field. Three years experience in a supervisory capacity as a department head. ExTensive experience working with city council, planning commission, and related municipal committees. Emphasis in comprehensive planning administration in small, expanding communities. Adept at public participation coordination, oral and written communications, and creative problem solving. I believe that my extensive experience in municipal planning, coupled with my recent responsibilities as city manager, p?ovide me with a solid background for the Principal Planner position. I am available for an interview should you desire to speak with me further regarding the job. Effective July 1, 1987, I can be contacted at the following address: 286 Nancy Drive Kokomo, IN 46901 317) 4572033 Pcspectfully submitted, BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7 Jeffrey Labahn P.O. Box 726 Dillingham, Alaska 99576 Telephone: 907) 8422630 Honie) 907) 8425211 Work) Work Experience June 1986 to City Manager present City of Dillingham Box 889 Dillingham, AK 99576 Responsibilities: Chief Administrative Officer responsible for a full range of municipal services in a major commercial fishing community and regional cent?r of 2,200 residentS. 5,000 seasonal population) Supervisor of approximately 40 permanent 6rnployees with administrative responsibilities in the following areas: police, fire, planning, finance,streets, water, sewer, port, harbor, library, museum, and scnior citizens center. Position involves budget preparation, capital improvements programming, contract administration and personnel management. Representative projects include annexation, marine industrial park development, and tourism promotion. The City of Dillingham has an operating and capital budget of $8 million. Dillingham has a reputation for a high quality of life and progressive govern- ment in western Alaska. August 1985 to Planning Director May 1986 City of Dillingham Box 889 Dillingham, AK 99576 Responsibilities: Planning Department? Manager charged with the administration of land use, sub division, permits and general city planning activities. Liaison and primary staff to the Planning Commission and City?y Council regarding all issues pertaining to the planning and developmenT of bhe city. F'csponsible for the administration of professional service agreements and contract management of planning projects. Position involved extensive public contact and coordination with staLe and federal agencies. Economic development planning and park/recreation planning as also administered by the Planning Director. Delegated the auLho?ity to act in bhe capacity of City Manager in his absence. Reference James Dunn, City Manager BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7February 1983 Lo Land Manager July 1985 City of Kenai P. 0? Box 580 Ko.?i, AK 99611 Lsponsibilitios: Land Management Department Head responsible for the administraTion of approximately 2,000 acres of municipally owned lands involving over 100 existing lease agreement. Liaison to the City Planning and Zoning Commission and City Council encompassing all aspects of land use planning research, zoning ordinance preparation and written arid graphic presentaTion. Chief planning, platting and zoning review and enforcement official for the City of Kenai. Project administraTor for the Kenai Comprehensive Plan and the Kenai Original Townsite Redevelopment Plan Contracts. Reference, William J. Brighton, City Manager October 1979 to Senior planner October 1982 Kenal Peninsula Borough P. 0 Box 850 Soldotna, AK 99669 Responsibilities: Planning Division Chief responsible for borough land use, planning and zoning activities Staff to Borough Planning Commission requiring topical research, report preparation and recommendations involving zoning petitions, permit applications and comprehensive plans. Contract administrator for city and borough planning studies funded through the Alaska Coastal Management Program. Liaison to the port cities of I?omer and Seward regarding planning, platting and zoning matters. Provided technical land use planning assistance to the unincorporated communities located within the Chugach National Forest Administered the borough subdivision ordinance for more than a year. Position involved extensive public contact and coordination with local, state and federal agencies. Reference, C. S. Sain' Best, Borough Adnimistrative Officer January 1979 to Planner IT July 1979 Fairbanks North Star Borough Fairbanks, AK 99701 Responsibilities: Team Leader responsible for coordinating the development of t)e Concept Plan, the basis of a new comprehensive plan for the Fairb nks North Star Borough. Specific duties included conducting neighborhood meetings, en couraging citizen participation and revising the Concept Plan Text. Conducted field research involving the Local Service Roads and Trails Program and the Chena iver Development Study. Reference, Richard Wilhelm, Deputy Planning Director BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02 +7EDUCATION M. S. Community and egional Planning Candidate) Kansas State University Manhattan, Kansas B. S. Geography 1976) Illinois State UniversiLy Normal, Illinois Foreign Cultural Studies Salzburg College Salzburg, Austria CONTINUTNG EDUCATION Effective Oral Communications Jun@au, Alaska March 1987 Land Management Anchorage, Alaska August 1984 Land Use Planning for Noise Control Portland, Oregon July 1980 Grants Writing Seminar Soldotna, Alaska April 1980 HONORS AND MEMBERSHIPS Recipient of the American Institute of Planners Student Award for Outstanding Achievement, 1977 1976 presented to approximately twenty students nation wide who have exhibited excellence in the field of planning at the graduate level based upon scholarly performance and professional potential Alaska Municinal Manaaers Association American Planning Association Alaska Planning Association Outstanding Young Men of America 1962 and 1986 BIB] 05-21-1996-U01 01:07:37PM-U01 CCRES-U02 85-U02 25-U02