Indio ImpactFees EmergencyReasons May4.2005

Embed Size (px)

Citation preview

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    1/75

    City of IndioAgenda Report

    TO: LENN D. SOUTHARD, CITY MANAGERFROM: AUL IRELAND, COMMUNITY DEVELOPMENT DIRECTOR

    ROY STEPHENSON, RE., PUBLIC WORKS DIRECTORDATE: AY 4, 2005SUBJECT: AMENDMENT OF CITY CODES SETTING DEVELOPMENT FEESSUMMARYMany development fees within the City have not been increased since 1985. It is crucialthat such fees be updated immediately so that they support the level of facilities such asparks, road, public safety and water improvements needed by residents of the City's newdevelopments. The intensity of development makes this action vital for health, safety andwelfare at this time. Approximately 5200 building permits were issued in 2004; 6500 areanticipated in 2005. For example, such improvements include the construction ofadditional water distribution facilities, approved on the April 20, 2005, agenda;implementation of the 2005 Storm Drain Master Plan, road repair and installation ofparks to serve new development.These fee increases need to be coupled with 2 other changes in City process: 2) hereafterfee increases will occur annually utilizing the Engineering News Record ConstructionCost Index Los Angeles; and 2) residential development fees also will be collectedconcurrent with final map recording to repay the City for amounts already beingexpended for such projects. Finally, staff will be preparing a more comprehensive updateof all development fees for presentation and action within the next 60 to 90 days.The attached spread sheet shows the fee adjustments requested at this time.STAFF RECOMMENDATIONStaff recommends that the City Council do the following:

    1. Adopt the April 2002, Capital Impact Fee Study with updating materials;2. Adopt Urgency Ordinance No. mplementing new fees effective

    immediately;3. Introduce Ordinance No. nd schedule for second reading;4. Direct staff to prepare a comprehensive and expanded fee study to insure that

    the level of development fees is appropriate for the costs of the improvementsneeded.

    ITEM NO. 3

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    2/75

    ANALYSIS:Staff proposes increases in the following fees on both commercial and residential asexplained more fully below: storm drains; roads, bridges and thoroughfares; trafficsignals; park and public buildings; police and fire facilities and water facilities. As alsoexplained below, development fees must have a nexus to the facility for which they arecharged and the benefit from that facility must be roughly proportional to the amount ofthe fee. (AB 1600, Dolan v. City of Tigard).The storm drain, road, traffic signal, park and public buildings and police and firedevelopment fees were reviewed and revised in the Capital Impact Fee Study ("FeeStudy") provided by RR Brown & Co., LLP in April, 2002. At that time, the Council didnot adopt that Fee Study for these fees. As explained below, Staff again has reviewed theFee Study and believes it supports the increase of such fees to the levels recommended in2002 as supplemented by additional information.The Fee Study also recommends that such fees be increased annual based upon theEngineering News Record Construction Cost Index Los Angeles ("ENR"). The ENR isthe best indicator of construction industry costs because it is specific as to City andincludes costs of both labor and construction materials. We propose an automaticincrease to be included in the ordinance. In addition, in certain cases such as water capitalfees the ENR has been used to update the 2002 fees as well. The ENR increases are asfollows: 2002- 2.4%; 2003 1.7% and 2004 8.8%.

    Storm Drain Fees: The 1985 storm drain fee was set at $500/gross acres. Basedon the drainage projects enumerated in the 2002 report, that amount was increased to$6320/gross acre or $1,580/single family residence at 4 houses/acre. The City now hasprepared its Storm Drain Master Plan (2005) and has compared the projects enumeratedthere affecting new development with the list prepared in 2002. While the projectsgenerally remain the same, the costs since 2002 have increased tremendously, in largepart due to an almost 300 % increase in the cost of concrete. For this reason, Staff canconfirm that the amount set in 2002 meets the legal tests for nexus and roughproportionality. That amount has been increased pursuant to the ENR to $7160.89 for asingle family residence. The City Council soon will be asked to adopt the Storm DrainMaster Plan which identifies a schedule for the installation of such improvements.

    Roads, Bridges &Thoroughfares Fees: The 2002 study recalculated these feesbased on a list of local road projects not funded by the TUMF fee. Based upon that study,the fee for a single family residence increased from $300 to $610. Staff has compared theprojects listed there to current projects for local roads and has found that the projectsgenerally are the same. Therefore, in order to compensate for increased costs of materialssuch as concrete, steel and asphalt, staff has adjusted the fee based upon the ENR. Thenew fee per single family residence is $691.16.

    2

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    3/75

    Traffic signal fees: The Fee Study revised traffic signal fees from $50/parkingspace to $22/single family residence and $2.21/trip for all others. The trip informationwill be based upon estimated trips in any traffic study and ITE trip generation factors.These amounts have been increased according to the ENR and now are as follows:$24.93/SFR and $2.50/trip for all others.

    Park and Public Buildings Fees: The 2002 report notes that there are 1985 capitalimpact fees which may be used 43% for parks and 57% for public buildings. The reportrecommended the addition of Quimby Act fees, which were adopted by the City and noware found at City Code Section 156.130. Quimby fees generally are used for acquisitionof park land and will be examined separately. The 43% of these capital impact feesfinance park capital facilities (as opposed to land) not covered by Quimby Act fees.

    At this time, staff recommends that non-Quimby park fees be separated frompublic building capital impact fees. The new non-Quimby park capital impact fee wouldbe $1986, which would be used for park improvements (as opposed to land acquisition)as described in the report prepared by Paul Ireland. The public building capital impactfee would remain at $350, increased by the ENR to $396.57; this amount will be updatedwhen additional study has been completed confirming the costs of a new City Hall,animal shelter and similar public buildings as those may be attributed to newdevelopment.

    Police and Fee Facilities: The Fee Study recommended that the Police and FireDepartments review the 1995 Berryman &Henigar report to confirm that the costsutilized for the fees are acceptable. Police and Fire have done so. The Fee Study thenadded 15% to each fee to account for the increase in the ENR between 1995 and 2002resulting in a fee per single family residence of $ 487.21 for fire and $83.85 for police.These fees will be updated again in the comprehensive fee study which will addressidentified needs for new fire stations and police substations to serve developing areas ofthe City.

    Water Capital Impact Fee: The Council adjusted water capital impact fees in 2001and therefore the Fee Study simply referenced that increased fee. Therefore, water capitalimpact fees will be increased only by the ENR for the 3 years since adoption of thosefees. The water capital impact fees are $3025.25 for a single family residence in NorthIndio and $2492.71 in South Indio.Based on the recommendation in the Fee Study, we also have provided that developmentfees will increase automatically based upon the ENR.Finally, under Govt. Code Section 66007(b), the City may advance the time residentialbuilding fees are collected from the time of building permit to concurrent with recordingof the final map when one of two determinations can be made: (1) the local agencydeteimines that the fees or charges will be collected for public improvements or facilitiesfor which an account has been established and funds appropriated by the City Council(i.e. budgeted) and for which the local agency has adopted a proposed construction

    3

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    4/75

    schedule or plan prior to final inspection or issuance of the certificate of occupancy or (2)the fees or charges are to reimburse the local agency for expenditures previously made.In the case of water fees, the City Council entered into a contract foran enhanced distribution system at its April 20, 2005, meeting. Therefore, we also haveprovided that rather than being paid at the time building permits are pulled (which meansfees are paid in batches along with the permits) all such fees will be due concurrent withthe recording of the final map. For projects where a map has recorded before the date ofthis ordinance and thus without payment of fees, such fees will continue to be collected atthe time building permits are pulled.FINANCIAL REVIEWThis increase in development fees will result in an estimated increase in the overallcapital impact fees for a typical single family residence in Indio of approximately $ 4500/house. At present, there are approximately 30,000 units which will be subject to theincreased fees.In comparison, fees in the surrounding cities are considerably lower than those in Indio asshown by the attached spread sheets prepared by Pacific Municipal Consultants.PUBLIC NOTICE PROCESSState law specifies the process for the immediate increase of development fees. The Cityis allowed to adopt an interim urgency ordinance, good for 30 days, which ordinance iseffective immediately. The fee increased has been noticed in a newspaper of generalcirculation as required by state law. The Fee Study has been made available at City Hallas well. The non-urgency ordinance will take effect 60 days from the date of its adoptionand thus the interim urgency ordinance will be extended one time after additional noticeCOORDINATION WITH THE DEVELOPMENT COMMUNITY:A copy of the 2002 Fee Study and of this staff report has been provided to the BIA.COMMISSION REVIEWN/AALTERNATIVES TO STAFF RECOMMENDATION

    1. Continue the item to request additional information or studies.2. Take no action.3.Leave fees at their current levels.

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    5/75

    Submitted by:

    G71;taul Ire ldInter Community Development Director Public Works Director

    Reviewed by:

    (4,0,a-v --yJKelly Smith lizabeth MartynInterim Finance Director ssistant City Attorney

    Attachments (made part of the hearing record)2002 Fee Study2005 Storm Drain Master PlanUpdates to 2002 Project listsMemo from Paul Ireland re calculation of park feesFee comparison charts prepared by Pacific Municipal Consultants

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    6/75

    City of IndioApril 27, 2005

    TO: ileFROM: aul Ireland, Interim Community Development DirectorSUBJECT: Park Improvement Impact FeesA Master Plan of Parks and Recreation was submitted to the City on November29, 2001 and subsequently adopted by the City. This Master Plan is the basis forthe calculation of the Park Improvement Impact Fee.The Master Plan projects the additional improved park needs of the City basedon population increases through the year 2020. The City's population at the timethe Master Plan was prepared was 51,600. The City's estimated population inthe year 2020 is 90,306.A finding of the Master Plan states that the City should maintain a minimum of 3acres of improved parkland for each 1,000 residents so as to provide for areasonable level of community health and welfare. The study further identifiesthat the City has only 49 acres of parks. Based on a recommended ratio of3ac/1000 population the City has an existing deficit of 105 acres. A furtherfinding of the plan is that there is a need for a total of 270 acres of parkland at thefinal year of the Master Plan (2020).I have reviewed the Master Plan with current information, as noted above. TheMaster Plan identifies significant park needs arising from new development whichneeds are not addressed by Quimby fees. Such needs would be addressed withthis separate park improvement impact fee.In developing a park improvement impact fee, State law precludes utilizing eitherexisting parkland or deficit acreage in calculating a park impact fee. Thereforethe impact fee is based on 270 acres of park need identified in the report minusthe City's 49 existing acres and minus the existing deficit of 105 acres thusresulting in 116 acres. The improvement costs for each acre of parkland arecalculated as S150,000.00 per acre in 2001 dollars. Updating the 2001 costs to2005 dollars was performed by using the industry standard for calculatinginflation the Engineer News Record (ENR). The current improvement feeadjusted to 2005 dollars is $169,958.00.Based on the Study the population of the City is expected to increase by 38,706by the year 2020. The City estimates the average household size is 3.9 persons.

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    7/75

    Therefore, 38,706 persons/3.9 persons per household = 9,925 new dwelling unitsthrough the year 2020.

    The total improvement cost for the 116 acres is $19,715,103 ($169,958 x 116).The per unit cost for park improvements cost is 1986.00 per unit($19,715,103/9,925).

    I'V

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    8/75

    INDIO AREA IMPACT FEE SUMMARY 3-16-05

    Agenc SA

    ag42.

    06cf Aa

    Sao

    cambcf 6

    met cfad'Cathedral CityCoachella

    $794/duNA

    Note.(4) $150/KSF variesvaries

    up to $5/If $150/KSF roof $600/ac$600/ac

    Indian Wells $794/du $975/edu $2489/edu .25% of value $1896/lotIndio(commercial, other)

    $794/duvaries

    $300/du$250/KSF

    $50/parking spsame

    $438/duup to $263/KSF

    $350/du$100/KSF

    $3-$6 front foot $500/ac $600/acLa Cuinta(commercial, other)

    $1098/duup to $2116/KSF

    $785/duup to $127/KSF

    25% of value.5% of value

    $502/duNA

    Rancho Mirage(commercial, other)

    $906/duup to $1583/KSF

    $147/duup to $294/KSF

    $4000/du$900/KSF

    $1308/duNA

    $83/duup to $99/KSF

    $650/duup to $130/KSF

    Palm Desert $794/du .25% of value NA(commercial, other) varies .5% of value up to $1000/KSFPalm Springs Yes up to $9212/acre up to $4354/du(commercial, other)

    Riverside County Werage) $1551/du $359/du $1792/du $8471du up to $4000/space $66/du up to $1651/duvaries

    Notes:1) Based upon survey of building permit fees; may not include all final map development impact fees.2) Excludes fees from special districts, such as water districts3) TUMFis the Transportation Uniform Mitigation Fee collected by cities and transferred to the Coachella Valley Assn of Governments4) Included with Fire/Police/Public Buildings5) Bike paths for Rancho Mirage are included in Transportation for summary purposes.6) Cathedral City transit is based upon frontage along major/arterial roadways

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    9/75

    IMPACT FEES ypical Single-family detached residence

    2 ; -e< 2

    \ - , . -_de ')-\ \P . > . c , .4 t ..4 eo )\ b1 '00- ,4 )' -...-0 3 , C x e, l a ; c ,e e ' e e , - , .- \ ` ' 5 0-- oC PyOo

    AgencyCathedral City 794 375 NA 0 188 103 1460Coachella 0 NA 103 103Indian Wells 794 975 2489 538 1896 6692Indio 794 30 0 50 438 350 225 86 103 2346La Quinta 1098 785 538 502 2923Rancho Mirage 906 147 4000 1308 83 650 7094Palm Desert 794 50 538 NA 689 103 2174Palm Springs 794 NA 1586 103 4354 2 6 8 3 4 7Riverside C ounty (average) 1551 359 1792 847 66 1651 6266

    Average excluding Indio 566 70 1180 202 1138 0 10 105 293 258 3822

    Notes:Based upon a 250 0 sf wood framed single-family home on 7500 sf lot .Valuat ion is assumed to be $86/sf for fee comparison purposes. Actual valuat ion w ill vary by jur isdict ion.NA = not ava ilable for this summaryCathedral City, Coachella, Pa lm Desert and Pa lm Springs excluded in average for Park/Quimby FeesWhere --- is shown, the average is not calculated because its not applicable or information is insufficient to represent an average.

    Revised 3/16/05 2:30 p.m.

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    10/75

    ORDINANCE No.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO

    AMENDING SECTIONS 33.066, 33.067, 33068, 33.070, 54.132 and 156.045 ANDADDING SECTION OF THE INDIO CITY CODE TO INCREASE VARIOUSDEVELOPMENT IMPACT FEES AND DECLARING THE URGENCY

    THEREOF

    1. he City Council of the City of Indio finds as follows:A. Indio has not updated its development impact fees, some of which were

    determined as long ago as 1985; andB. Specifically, the storm drain fee; roads, bridges and thoroughfare fees,traffic signal fees, non-Quimby park and public building fees; police and

    fire facilities fees and street lighting fees were last set in 1985 or 1997;and

    C. In 2002, the City received a study reviewing some such fees, describingthe manner in which each increase was necessary to provide facilities tothe development charged the increased fee, and recommending increasestherein, which increases have not been adopted as of this time; and

    D. A copy of that study has been made available for review and to the CityCouncil in taking action on this ordinance; and

    E. Water capital impact fees were reviewed separately and set in 2001 underthe 2000 Water Master Plan and thus were not reset by the fee study; Suchwater capital impact fee is used for the construction of new water facilitiesto serve the developments charged the fee; and

    F. This Council has detennined that the storm drain, road, bridge andthoroughfare fees; traffic signal fees, non-Quimby park fees; police andfire facilities fees and street lighting fees should be modified at this time tothe amounts set out in the study and as verified by staff; and

    G. Staff has determined that the amounts of such fees as set out on Exhibit"A," attached and incorporated here meet the requirements for nexus andrough proportionality as required by Govt. Code Section 66000 (AB 1600)and Ehrlich v. City of Culver City; and

    H. This Council further has determined that all fees set before the currentdate, including but not limited to the water capital facilities fees set in 200,should be increased as set out in the study as well and as set out on ExhibitA; and

    I he study further recommended that such fees be adjusted as set out in theEngineering News Record Cost Construction Index - Los Angeles

    1

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    11/75

    ("ENR") which index was determined by that study to be the most likelyto reflect the true changes in facility construction costs as it utilizes localprices for cement and lumber and the national average price for structuralsteel as well as union wages and fringe benefits for laborers.

    J. The annual changes in the ENR for the past three years are as follows, asset out Exhibit B, attached and incorporated as if fully set forth herein:

    2002 - 003 - 0042.4% .7 % .8%

    K. Development fees annually shall automatically adjust in the amount of theENR; and1:L. ...Such-fees-en-Tesidential development must be collected concurrent withthe recording of the final map or parcel map because the City has alreadyexpended funds for the construction of such capital facilities, specificallyincluding but not limited to the water distribution system funded with suchfees and has adopted a plan therefore, as provided in Govt. Code Section66007.

    M. The City Council has conducted a duly noticed public hearing on such feeincrease pursuant to Govt. Code Section 66018 and has heard any and alltestimony, for or against, such increase; and

    N. A mitigated negative declaration for the Indio Water Master Plan wasadopted by the city on April 19, 2000, and recorded on June 9, 2000.

    0. This action is exempt from CEQA pursuant to Guidelines Section5061(b) (3) because the activity is covered by the general rule that CEQA

    applies only to projects which have the potential for causing a significanteffect on the environment.

    P. This increase must be adopted as an urgency measure pursuant to Govt.Code Section 66017 in order to protect public health, safety and welfareby making funds immediately available for the upgrade and constructionof water distribution systems within the City.

    The City Council of the City of Indio does ordain as follows:1. The findings set out above are true and correct.2. Sections 33.066, 33.067 and 33.068 of the Indio City Code are amended to read asfollows: 33.066 IMPACT FEES DESIGNATED.

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    12/75

    (A) ublic Building Fees: In addition to any other fee prescribed by law, everyperson constructing any new building or addition or trailer space in the city shall pay tothe city a sum appropriately computed as follows. Such fees shall be used for publicbuildings, including but not limited to fire or police stations, additions to city yards, cityadministrative buildings, animal control facilities, senior citizens centers and major itemsof capital equipment such as firefighting/rescue apparatus, street sweepers, ormanagement information systems.

    (I) welling units.(a) Single-family, $396.57 per unit.(b) Multifamily (Condominiums, apartments, townhouses, duplexes etc.)

    $396.57 per unit.(c) Trailer space (mobile homes), $396.57 per unit.(d) Recreational vehicle spaces, $198.284 per unit.

    (2) (a) Commercial, $.11 per square foot of gross floor area.(b) ndustrial, $.03 per square foot of gross floor area.

    B. Park Fees: In addition to any other fee prescribed by law, every person constructingany new building or addition or trailer space in the city shall pay to the city a sumappropriately computed as follows to be used for the acquisition of park lands,improvements and facilities to park lands for recreation and leisure activities to the extentsuch are not funded by Quimby Act funds.

    (1) welling units.(a) Single-family $1986/unit(b) Multifamily 1986/unit(c) Trailer space (mobile homes), $1986/unit.(d) Recreational vehicle spaces, $1986/unit.

    C. All such fees shall be adjusted automatically (increased or decreased) annually on July1 of each year pursuant to the Engineer News Record Cost Construction Index LosAngeles.33.067 PAYMENTThe fees described in 33.967ihall be due and payable for residential- I

    14-4,1azzezoalinpac-the-tirra-l-rn -fer-eotm itereial- t iev el-op-m eiA upon

    3

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    13/75

    application to the city for a building permit for the construction of any dwelling unit orbuilding or addition. In the event this ordinance becomes effective after recording of afinal map, fees for residential development shall be payable upon application for abuilding permit. Notwithstanding any of the provisions of this section, no fee shall bepayable on account of construction of additional space to an existing single- familydwelling. Credits may be negotiated with developments covered by assessment districtsor Mello-Roos Community Facilities Districts.33.068 DEPOSIT.

    The fees collected pursuant to this section shall be accounted for and invested asrequired by Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.

    Section 33.070 of the Indio City Code, "Fire and Police Capital Impact Fee" hereby isamended to read as follows: 33.070 FIRE AND POLICE CAPITAL IMPACT FEES

    (A) In addition to any other fee prescribed by law, there shall be imposed thefollowing fees on new or expanded construction within the City:

    Land Use ire Facilities & EquipmentResidential per dwelling unit

    Police Facilities

    Single Family $487.21 $83.85Multi Family $351.2 $60.05

    Mobile Homes $312.72 $53.58Non-residential(per 1,000 S.F.)Commercial $287.80 43.06Industrial $287.80 23.79

    (B) The fees shall be due and payable,for-residentiaLdevelopincitconcurrentwith-therecording-ofthe-finaLmap-and-for-commerciatdcyclopment, upon application to the cityfor a building permit for the construction of any dwelling unit or building or addition. Inthe event this ordinance becomes effective after recording of a final map, fees forresidential development shall be payable upon application for a building permit.Notwithstanding any of the provisions of this section, no fee shall be payable on accountof construction of additional space to an existing single- family dwelling. Credits inay benegotiated with developments covered by assessment districts or Mello-Roos CommunityFacilities Districts.

    4

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    14/75

    (C ) The fees collected pursuant to this section shall be accounted for and invested asrequired by Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.(D) Such fees shall be adjusted automatically (increased or decreased) annually on July 1of each year pursuant to the Engineer News Record Cost Construction Index LosAngeles.4. Section 54.132 of the Indio City Code shall be amended in its entirety to read asfollows:Section 54.132 CAPITAL IMPACT FEES.

    (A) Fee. For all new development on land that has not had prior water service,there will be a charge as shown below:

    Development within the NorthDevelopment Area

    Residential 3,025.25/unitMulti-family 2, 266/10/unitNon-residential 25,032.52/acre

    Development within the SouthDevelopment Area

    Residential 2,492.71/unitMulti-family 1,869.54/unitNon-residential 20,623.81/acre

    (Acre shall mean the gross acres of the property as shown on a recorded map, or asdetermined by the City Engineer, and shall include easements, etc.).(B) The fees shall be due and payable for-residentiahle-velopment-concurrent with there-c-ording-ofthe-firratinap-and-forecrminerei-al-developon application to the cityfor a building permit for the construction of any dwelling unit or building or addition. Inthe event this ordinance becomes effective after recording of a final map, fees forresidential development shall be payable upon application for a building permit.Notwithstanding any of the provisions of this section, no fee shall be payable on accountof construction of additional space to an existing single- family dwelling. Credits may benegotiated with developments covered by assessment districts or Mello-Roos CommunityFacilities Districts.(C) Such fees shall be adjusted automatically (increased or decreased) annually on July 1of each year pursuant to the Engineer News Record Cost Construction Index LosAngeles.

    5

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    15/75

    (D) The fees collected pursuant to this section shall be accounted for and invested asrequired by Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.

    5. ection 156.045(H) of the Indio City Code shall be amended to read as follows:(H) Storm drain facilities and fees. Payment of $7160.89 fee required fordrainage facilities. Concurrent with the filing of any final or parcel map forresidential development, and application for building per its for any commercialdevelopment, the subdivider or owner or developer of a lot shall pay or cause tobe paid the following fees for defraying the costs of constructing planned drainagefacilities for the removal of surface waters and storm waters from local orneighborhood drainage areas established pursuant to the master plan of floodcontrol. The fees shall be due and payable for residential development concurrentwith the recording of the final map and for commercial development, uponapplication to the city for a building permit for the construction of any dwellingunit or building or addition. In the event this ordinance becomes effective afterrecording of a final map, fees for residential development shall be payable uponapplication for a building permit. Notwithstanding any of the provisions of thissection, no fee shall be payable on account of construction of additional space toan existing single- family dwelling. Credits may be negotiated with developmentscovered by assessment districts or Mello-Roos Community Facilities Districts.Such amount shall increase annually on or about July 1 of each year pursuant tothe Engineering News Record Cost Construction Index - Los Angeles. The feescollected pursuant to this section shall be accounted for and invested as requiredby Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.

    6. Section 156.045 (I), "Bridge crossing and major thoroughfare" shall be amended toread as follows:

    Road, Bridge and thoroughfare Fees: Notwithstanding the provisions of any otherprovisions of this Code to the contrary, and specifically in addition to theprovisions of Section 156.130 et seq, prior to the approval of any final or parcelmaps for residential development, or upon application for a building permit forcommercial development, the subdivider or owner of a lot shall be required topay or cause to be paid the following fees for defraying the actual or estimatedcosts of construction of any bridge or major thoroughfare as follows$691.16 SFR$478.15 MFR$346.71 Mobile Home$346.71 Recreational Vehicle Space6KCommercial:. $.7.2-2---

    6

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    16/75

    Industrial: 7.22/62)?)6. Section 156.045 (K) Traffic signal shall be amended to read as follows: ./

    Traffic Signal Fees;-P-riore-approval-e-cany-firrefl-or--pat,c-cl-rnap-for-residentialdevelopment; oF, appl icat ion for a bui lding perm it - for-eom m erei-al -de3i-el -oprfwkt ,the subdivider or owner of a lot or developer shall be required to pay or cause tobe paid the following fees for defraying the actual or estimated of construction ofany traffic signal related to the project. The fees shall be $24.93/SFR and$2.50/trip for all others. In the event this ordinance becomes effective afterrecording of a final map, fees for residential development shall be payable uponapplication for a building permit.Notwithstanding any of the provisions of this section, no fee shall be payable onaccount of construction of additional space to an existing single- family dwelling.Credits may be negotiated with developments covered by assessment districts orMello-Roos Community Facilities Districts.Such fees shall be adjusted automatically (increased or decreased) annually onJuly 1 of each year pursuant to the Engineer News Record Cost ConstructionIndex Los Angeles .

    7. Effective Immediately: This ordinance is an urgency ordinance necessary for thehealth, safety and welfare of the citizens of Indio and as such shall take effectimmediately to insure that funds are available so that water distribution systemsmay be upgraded and repaired. This ordinance shall be of no further force andeffect 30 days after the date of its adoption unless otherwise extended before thattime.

    PASSED, APPROVED AND ADOPTED this 4t h day of May, 2004, by 4/5ths vote of theCity Council as follows:

    AYES:NOES:ABSTAIN:ABSENT:

    MELANIE FESMIRE, MAYOR

    7

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    17/75

    ATTEST:

    CYNTHIA HERNANDEZCITY CLERK

    Approved as to form:

    Elizabeth MartynAssistant City Attorney,

    8

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    18/75

    ITY IOapital Impact ncrease Project

    ::::::::?:':8 : :'' X : : . . : : : : i ::$:.... .. .i Iinnatt Fee. Ili : , '

    ..' : ' - ' ' : ' - ' : : ';'''''..:.mito,:i.

    .AliipACtP..:' f *:::*::,::::::ilmg4144..

    ,' ' ...'k.::.::r*tos-

    % ::2002.' P444i

    .- Mzi:RaiiR:

    . . ] . : , ' , . : . : : : ...: : .: . 7:. ::- . :-0.40.XALMct)

    ....:AP. :Mi;igi

    -, , : :

    ..2.404'. .; :00*::. . ) i 04010 .

    :,:.M,K:-

    i;:;i:::',.':::iri10.iniliailiii -:...:.:::::%:::..CIF Storm DrainPer Gross Acre 500.00 $ ,320.00 X 2.4% $ ,471.68 X 1.7% $ ,581.70 X .8% $ ,160.89 $ ,160,89CIF Roads & BridgesResidential Units:Single FamilyResidence( er Unit) 300.00 6 0 00 X 2.4% $ 24.64 X 1.7% 635.26 X .8% 691.16 691.16Multi-Family Residence ($ Per Unit) 300.00 $ 22.00 X 2.4% $ 32.13 X 1.7% 439.47 X .8% 478.15 $ 78.15Mobile Homes ($ nit)per 30000 $ 06.00 X 2.4% $ 13.34 X 1.7% $ 18.67 X .8% 5 46.71 $ 46.71Recreational Vehicle Space ($ per Unit) 300.00 $ 06.00 X 2.4% $ 13.34 X 1.7% 18.67 X .8% 346.71 $ 46.71CounnerciaCommercial ($ per square foot of gross floor area) $ .25 2.4% $ .26 X 1.7% $ .26 X .8% $ .28 $ .28Industrial ($ par square foot of gross floor area) 0.25 $ X 2.4% $ .26 X 1.7% $ .26 X .8% $ ,28 $ .28Commercial (5 per Trip) 6.37 X 2.4% $ .52 X 1.7% $ .63 X .8% 7.22 $ .22Industrial (8 per Trip) 6.37 X 2.4% $ .52 X 1.7% $ .63 X .8% 7.22 7.22CIF Traffic SignalSingle Family Residence 22.00 X 2.4% $ 2.53 X 1.7% 22.91 X .8% 5 4.93 $ 493All other(per trip) - 2.21 X 2.4% $ ,26 X 1.7% 2.30 X .8% S .50 $ ,50CIF Public BuildingsResidential Units:Single Family Residence ($ per Unit) 50.00 $ 50.00 X 2.4% 358.40 X 1 .7% 364.49 X .8% 396.57 $ 96.57Multi-Family Residence ($ Per Unit) 350.00 350.00 X 2.4% $ 58.40 X 1.7% 364.49 X .6% $ 96.57 396.57Mobile Horne er Unit) $ 50.00 $ 50.00 X 2.4% $ . 58,40 X .7% $ 64.49 X .8% 396.57 396.57Recreati onal Vehi cle Space ($ per Unit ) $ 175.00 175.00 X 2.4% $ 79,20 X 1.7% $ 82.25 X .8% $ 98.28 198.284Commercial Units:Commerciall$ per square foot ross floor area) 0.10 X 2.4% $ .10 X 1.7% $ .10 X .8% $ .11 $ .11Industrial ($ per square foot of gross floor area) - 0.03 X 2.4% 0.03 X 1.7% $ .03 X .6./. $ .03 $ .03CIF ParksResidential Units:Single Family Residence ($ per Unit) X 2.4% $ X 1.7% $ X .6% $ $ ,986.00Multi-Fames Residence ($ Per Unit) X 2.4% $ X 1.7% $ X .8% $ ,986.00$ ,986.00

    $ ,986.00Mobile Homes ($ per Unit)X 2.4% $ X 1.7% $ X .8%

    Recreational Vehicle Space ($ per Unit) X 2.4% $ . X 1.7% $ 8 8% $CIF PoliceResidential Units: I---Single Family Residence ($ per Unit) 64.00 74.00 X 2.4% $ 5,78 X 1.7% $ 7.06 X ,8% $ 3.85 83.85Multi-Family Residence (9 Per Unit) 46.45 $ 3.00 X 2.4% $ 4.27 X 1:7% $ 5,19 X .6% $ 0.05 $ 0.05Mobile Homes ($ per Unit) $ 1.29 $ 7.29 X 2.4% $ 8.42 X, 1.7% $ 9,25 X .8% $ 3.58 $ 3,58Commercial Units:Commercial (Per 1,000 Sq Ft) 33.03 38.00 X 2.4% $ 8.91 X 1.7% $ 9.57 X .8% $ 3.06 S 3.06Industrial (Per 1,000 Sq Ft) 18.58 $ 1.00 X 2.4% $ 21.50 X 1.7% $ 1.87 X .8% $ 3.79 $ 3.79CIF FireResidential Units:Single Family Residence (5 per Unit) 0 74.00 430.00_$ X 2.4% $ 40,32 X 1.7% 447.81 X .8% 487.21 $ 87.21.Multi-Family Residence ($ Per Unit) 270.00 $ 10,00 X 2.4% $ 17.44 X 1.7% $ 22.84 X .8% $ 51.25 351,25Mobile Homes ($ per Unit) 240.00 $ 76.00 X 2.4% $ 82.62 X 1.7% $ 87.43 X .8% $ 12.72 $ 12.72Commercial Units: 8.8%Commercial (Per 1,000 Sq Ft) 230.00 254.00 X 2.4% 260.10 X 1.7% $ 64.52 X .8% $ 87.80 2 7Industrial (Per 00 Sq 230.00 254.00 X 2.4% 260.10 X 17%26452X .8% 2 7 0 287.80

    ny hrfm ep1 .127(2005

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    19/75

    aPIMMINIMUMlinirOct:FeUlCIF- WaterNorth IndioSingle Family Residence ($ per Unit)Multi-Family Residence ($ Per Unit)Non-Residential ($ Per Acre)South IndioSingle Family Residence ($ per Unit)Multi-Family Residence ($ Per Unit)Non-Resident ($ Per Acre)

    Outdotari

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    20/75

    a l ta l t lENRcost_ inc LL o s A n g e le sThe bui lc in g a n d c o n s truc t io n c o s t I n dex es for E N R ' s lndivlduatci t ies use t he sar is com p on e nt s and w e ight ing as t hose for The23.cI ty nat i onal i noexes. The at I rdegoe use o c a l pr ic es forC or t land ce m e nt sod 2 X 4 lur noe r an d t he na t ions; ave r agepric e fo r s truc tura l s teel . The c i ty 's s es la c e; ura o t t wa g es ,p lus f r in g es , fo r c a rpen ters , br ic ida yeis en d Vo n wo rk ers . Theo i ty s C C I u s e s t h f , s a me un io n wa g es fo r la bo rers .

    E.:141t Coat Indexes in 20 cities, 16375-2005

    4. 1 I . 1 0 0LOS ANGELES1

    B C I % C h g .45.9

    CC34::.258.2

    Chi.ire Dec. 1 3 6 9 , 7 71079 Dec, 2055 78 *4.9 3 6 0 9 5 1 -6.41980 Dec 2272.23 4100 4102.37]412.71981 Des. 240522 +5.8 4 5 5 0 . 9 8 13 .41982 Deo. 2 540.67 +5.3 4934.14+8.91983 Dec. 2586.5S +1.5 503.69 .51934 Dec. 2 72 8.44 +5.4 525913 .61935 Dec nu8 2.3 5448.89 +3.61936 DK 27 52.63 +3 .7 545220 + 0 11 9 8 7 Qec . 2 618.45 +1.9 5474,14 P0.41 9 8 8 Dec. 2 651.67 4 t2 5 7 7 0 . 8 4 45.41989 Dee. , 235525 40.1 5789.77 +0.31 9 9 0 Dec. 3:20.51 45.8 5284.55 3 51991 Dec, 309713 +2.9 5 0 9 0 . 1 2 1 61992 Dec. 3 1 9 8 . 0 5 +3.3 ;348 55 4 11993 Dec. 3334.43 +4.2 ecr7 e4 z 01294 Dec. 3420.42 42.6 8532,25 4-0 2991 3 42 7.2 9 +C.2 652622 0.11 9 9 6 Dec, 34425.73 0.0 5 5 5 8 . 4 4 +0.51997 D o c . 7.460.53 +3.9 6663.55+1.61396 Dec. 3 617.00 ..6 5 5 6 1 9 5 +2.8999 Dec. 3 5 9 1 . 0 1 -0 .7 8825.97 -0 42 000 Dec 30130 .28 42.5 7008.04 +3 62001 Dec 3 594.2 4 '0.4 72 2 6.92 +2 32001 Dec. 3 757,73 2 7402.75 -2.42.00:1 Dec. 3 847 3 0 +1.6 7531.77 . 1.72001: Jim '3844120 41.5 7 5 2 9 . 2 7 +1.7

    Feb. : 3 9 9 6 .403 9 4 0 , 5 5

    +2,9 7 6 9 0 . 5 2 +1.7March +1,4 773 4.77 +2 .2

    Apri l 3 9 8 1 6 5 +2 .8 7775.77 +2.9M a y 4.0 0 43.4 7503.-2 +3.2

    I- 1 - . - 1. Nu 1 u,Apr 19 D5 10:07a 0: 59AM P1r -

    NU. : yl(1-41.:142b1 linr. le 2005Derr emen liennigar 714 : /W e l c o m e t o t h e E I ' R ; I h e a g e 1 o f .1

    ht tp: / /ent .ec next c o r n / f r e e- s c r i p t s /e r t ri i io c u m e v i e w . p I7 p a g e f t n r d o c u r n e n t A i t e m _ i d o /18/2005P

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    21/75

    FROM : C 7 T? OF INDIO f4 NO. : 91760342E590 zr. 18 2005 11: 00AApr 1f.C5 10tO8a erryme Hemnigar 71.4.-66') - 1071 c :. WcIcorre to the. ENR site age 2 oft

    June 4049.731 6.0 7843 .86 44.C)shrly 4051.73) .5.0 7846.85

    7857.1044.0+4.2+8.3Aug, 4062 68 +5.3t. 4131.30 +7.1 8188.24

    Oct 413.2.05 +7.1 8166.69 4.3Ncv. 4146.80 47.6 8183.74 -8.6Doc. 4155.20 +8 0 3192 14 -8.8

    2005 Jan. 4160.27 + 8 1 8193 213235,71-

    -8.8-,7.1+.6.. ;

    Feb. 4202.e0 7.Marsh_ 4200.80 48.8 B233.71Aped 4233.42 +6.3 8266.63 +5.3

    Fr;;:rEiiti i i;;;;reles>,2sdyjndsigiytCost ipdex FAQCost NPei l t )13%1111.-

    CapyrIght V cos The McGraw-Hilt Companies - Mt Rights Reserved.

    httNienr.ecrtext.czafre:-scriptsientdoctmat view_pl?pa efttr doeurnentlitakid. .0 . . . 4/1 8/2005

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    22/75

    ORDINANCE No.AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO

    AMENDING SECTIONS 33.066, 33.00;33068, 33.070, 54.132 And 156.045 ANDADDING SECTION OF THE INDIO CITY CODE TO INCREASE VARIOUSDEVELOPMENT IMPACT FEES

    1. he City Council of the City of Indio finds as follows:A. Indio has not updated its development impact fees, some of which were

    determined as long ago as 1985; andB. Specifically, the storm drain fee; roads, bridges and thoroughfare fees,

    traffic signal fees, non-Quimby park and public building fees; police andfire facilities fees and street lighting fees were last set in 1985 or 1997;and

    C. In 2002, the City received a study reviewing some such fees, describingthe manner in which each increase was necessary to provide facilities tothe development charged the increased fee, and recommending increasestherein, which increases have not been adopted as of this time; and

    D. A copy of that study has been made available for review and to the CityCouncil in taking action on this ordinance; and

    E. Water capital impact fees were reviewed separately and set in 2001 underthe 2000 Water Master Plan and thus were not reset by the fee study; Suchwater capital impact fee is used for the construction of new water facilitiesto serve the developments charged the fee; and

    F. This Council has determined that the storm drain, road, bridge andthoroughfare fees; traffic signal fees, non-Quimby park fees; police andfire facilities fees and street lighting fees should be modified at this time tothe amounts set out in the study and as verified by staff; and

    G. Staff has determined that the amounts of such fees as set out on Exhibit"A," attached and incorporated here, meet the requirements for nexus andrough proportionality as required by Govt. Code Section 66000 (AB 1600)and Ehrlich v. City of Culver City; and

    H. This Council further has determined that all fees set before the currentdate, including but not limited to the water capital facilities fees set in 200,should be increased as set out in the study as well and as set out on ExhibitA; and

    1. The study further recommended that such fees be adjusted as set out in theEngineering News Record Cost Construction Index - Los Angeles("ENR") which index was determined by that study to be the most likely

    1

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    23/75

    to reflect the true changes in facility construction costs as it utilizes localprices for cement and lumber and the national average price for structuralsteel as well as union wages and fringe benefits for laborers.

    J. The annual changes in the ENR for the past three years are as follows, asset out Exhibit B, attached and incorporated as if fully set forth herein:

    2002 - 003 - 0042.4% .7 % .8%

    K. Development fees annually shall automatically adjust in the amount of theENR; and

    L. Such fees on residential development must be collected concurrent withthe recording of the final map or parcel map because the City has alreadyexpended funds for the construction of such capital facilities, specificallyincluding but not limited to the water distribution system funded with suchfees and has adopted a plan therefore, as provided in Govt. Code Section66007.

    M. The City Council has conducted a duly noticed public hearing on such feeincrease pursuant to Govt. Code Section 66018 and has heard any and alltestimony, for or against, such increase; and

    N. A mitigated negative declaration for the Indio Water Master Plan wasadopted by the city on April 19, 2000, and recorded on June 9, 2000.

    0. This action is exempt from CEQA pursuant to Guidelines Section15061(b) (3) because the activity is covered by the general rule that CEQAapplies only to projects which have the potential for causing a significanteffect on the environment.

    The City Council of the City of Indio does ordain as follows:1. The findings set out above are true and correct.2. Sections 33.066, 33.067 and 33.068 of the Indio City Code are amended to read asfollows: 33.066 IMPACT FEES DESIGNATED.

    (A) ublic Building Fees: In addition to any other fee prescribed by law, everyperson constructing any new building or addition or trailer space in the city shall pay tothe city a sum appropriately computed as follows. Such fees shall be used for publicbuildings, including but not limited to fire or police stations, additions to city yards, cityadministrative buildings, animal control facilities, senior citizens centers and major itemsof capital equipment such as firefighting/rescue apparatus, street sweepers, ormanagement information systems.

    2

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    24/75

    (1) welling units.(a) Single-family, $396.57 per unit,(b) Multifamily (Condominiums, apartments, townhouses, duplexes etc.)$396.57 per unit.(c) Trailer space (mobile homes), $396.57 per unit.(d) Recreational vehicle spaces, $198.284 per unit.

    (2) (a) Commercial, $.11 per square foot of gross floor area.(b) ndustrial, 5.03 per square foot of gross floor area.

    B. Park Fees: In addition to any other fee prescribed by law, every person constructingany new building or addition or trailer space in the city shall pay to the city a sumappropriately computed as follows to be used for the acquisition of park lands,improvements and facilities to park lands for recreation and leisure activities to the extentsuch are not funded by Quimby Act funds.

    (1) welling units.(a) Single-family $1986/unit(b) Multifamily 1986/unit(c) Trailer space (mobile homes), $1986/unit.(d) Recreational vehicle spaces, $1986/unit.

    C. All such fees shall be adjusted automatically (increased or decreased) annually on July1 of each year pursuant to the Engineer News Record Cost Construction Index Los Angeles.33.067 PAYMENTThe fees described in 33.067 shall be due and payable for residential developmentconcurrent with the recording of the final map and for commercial development, uponapplication to the city for a building permit for the construction of any dwelling unit orbuilding or addition. In the event this ordinance becomes effective after recording of afinal map, fees for residential development shall be payable upon application for abuilding pet nit. Notwithstanding any of the provisions of this section, no fee shall bepayable on account of construction of additional space to an existing single- familydwelling. Credits may be negotiated with developments covered. by assessment districtsor Mello-Roos Community Facilities Districts.

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    25/75

    33.068 DEPOSIT.The fees collected pursuant to this section shall be accounted for and invested as

    required by Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.2. Section 33.070 of the Indio City Code, "Fire and Police Capital Impact Fee" hereby isamended to read as follows: 33.070 FIRE AND POLICE CAPITAL IMPACT FEES

    (A) In addition to any other fee prescribed by law, there shall be imposed thefollowing fees on new or expanded construction within the City:

    Land Use ire Facilities & EquipmentResidential per dwelling unit Police FacilitiesSingle Family $487.21 $83.85Multi Family $351.2 $60.05

    Mobile Homes $312.72 $53.58Non-residential(per 1,000 S.F.)Commercial $287.80 43.06Industrial $287.80 23.79

    (B) The fees shall be due and payable for residential development concurrent with therecording of the final map and for commercial development, upon application to the cityfor a building permit for the construction of any dwelling unit or building or addition. Inthe event this ordinance becomes effective after recording of a final map, fees forresidential development shall be payable upon application for a building permit.Notwithstanding any of the provisions of this section, no fee shall be payable on accountof construction of additional space to an existing single- family dwelling. Credits may benegotiated with developments covered by assessment districts or Mello-Roos CommunityFacilities Districts.(C) The fees collected pursuant to this section shall be accounted for and invested asrequired by Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.(D) Such fees shall be adjusted automatically (increased or decreased) annually on July 1of each year pursuant to the Engineer News Record Cost Construction Index LosAngeles.

    4

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    26/75

    4. Section 54.132 of the Indio City Code shall be amended in its entirety to read asfollows:Section 54.132 CAPITAL IMPACT FEES.

    (A) Fee. For all new development on land that has not had prior water service,there will be a charge as shown below:

    Development within the NorthDevelopment Area

    Residential 3,025.25/unitMulti-family 2, 266/10/unitNon-residential 25,032.52/acre

    Development within the SouthDevelopment Area

    Residential 2,492.71/unitMulti-family 1,869.54/unitNon-residential 20,623.81 /acre

    (Acre shall mean the gross acres of the property as shown on a recorded map, or asdetelmined by the City Engineer, and shall include easements, etc.).(B) The fees shall be due and payable for residential development concurrent with therecording of the final map and for commercial development, upon application to the cityfor a building permit for the construction of any dwelling unit or building or addition. Inthe event this ordinance becomes effective after recording of a final map, fees forresidential development shall be payable upon application for a building permit.Notwithstanding any of the provisions of this section, no fee shall be payable on accountof construction of additional space to an existing single- family dwelling. Credits may benegotiated with developments covered by assessment districts or Mello-Roos CommunityFacilities Districts.(C) Such fees shall be adjusted automatically (increased or decreased) annually on July 1of each year pursuant to the Engineer News Record Cost Construction Index LosAngeles.(D) The fees collected pursuant to this section shall be accounted for and invested asrequired by Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.

    5. ection 156.045(H) of the Indio City Code shall be amended to read as follows:(H) Storm drain facilities and fees. Payment of $7160.89 fee required fordrainage facilities. Concurrent with the filing of any final or parcel map for

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    27/75

    residential development, and application for building permits for any commercialdevelopment, the subdivider or owner or developer of a lot shall pay or cause tobe paid the following fees for defraying the costs of constructing planned drainagefacilities for the removal of surface waters and storm waters from local orneighborhood drainage areas established pursuant to the master plan of floodcontrol. The fees shall be due and payable for residential development concurrentwith the recording of the final map and for commercial development, uponapplication to the city for a building permit for the construction of any dwellingunit or building or addition. In the event this ordinance becomes effective afterrecording of a final map, fees for residential development shall be payable uponapplication for a building permit. Notwithstanding any of the provisions of thissection, no fee shall be payable on account of construction of additional space toan existing single- family dwelling. Credits may be negotiated with developmentscovered by assessment districts or Mello-Roos Community Facilities Districts.Such amount shall increase annually on or about July 1 of each year pursuant tothe Engineering News Record Cost Construction Index - Los Angeles. The feescollected pursuant to this section shall be accounted for and invested as requiredby Cal. Govt. Code Section 66001 and 66006, or such other requirements as thelaw may impose with respect to such fees.

    6. Section 156.045 (I), "Bridge crossing and major thoroughfare" shall be amended toread as follows:

    Road, Bridge and thoroughfare Fees: Notwithstanding the provisions of any otherprovisions of this Code to the contrary, and specifically in addition to theprovisions of Section 156.130 et seq., prior to the approval of any final or parcelmaps for residential development, or upon application for a building permit forcommercial development, the subdivider or owner of a lot shall be required topay or cause to be paid the following fees for defraying the actual or estimatedcosts of construction of any bridge or major thoroughfare as follows$691.16 SFR$478.15 MFR$346.71 Mobile Home$346.71 Recreational Vehicle SpaceCommercial: $7.22Industrial: 7.22

    6. Section 156.045 (K) Traffic signal shall be amended to read as follows:Traffic Signal Fees: Prior to the approval of any final or parcel map for residentialdevelopment, or application for a building permit for commercial development,the subdivider or owner of a lot or developer shall be required to pay or cause to

    6

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    28/75

    be paid the following fees for defraying the actual or estimated of construction ofany traffic signal related to the project. The fees shall be $24.93/SFR and$2.50/trip for all others. In the event this ordinance becomes effective afterrecording of a final map, fees for residential development shall be payable uponapplication for a building permit.Notwithstanding any of the provisions of this section, no fee shall be payable onaccount of construction of additional space to an existing single- family dwelling.Credits may be negotiated with developments covered by assessment districts orMello-Roos Community Facilities Districts.Such fees shall be adjusted automatically (increased or decreased) annually onJuly 1 of each year pursuant to the Engineer News Record Cost ConstructionIndex Los Angeles .

    7. ffective Date: This ordinance shall be effective 60 days after the date of itsadoption and shall be published by the City Clerk as required by law.

    PASSED, APPROVED AND ADOPTED this 4 t h day of May, 2004, by vote of the CityCouncil as follows:

    AYES:NOES:ABSTAIN:ABSENT:

    MELANIE FESMIRE, MAYOR

    ATTEST:

    CYNTHIA HERNANDEZ

    7

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    29/75

    CITY CLERK

    Approved as to form:

    Elizabeth MartynAssistant City Attorney

    8

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    30/75

    ITY I DIOapital Impact I ncrease Project

    :: -:y ;:i: : : : . . . . : : . .ifutio4.t f.;:e .1.i ii0 , , : : : . . . .... -

    :- .: ..:......... ....iini6la:k.

    -:.,': : -..::...14.eXieci.Fi

    0(4::: .FaCtOr:::.

    X . .;.(400qi;gNii;ir:

    .::.:..?:i:igii.....:' : Outdated ' ' '

    :)i 0.0.3; :...Factnr:t;1.r.`.5?4

    MiNaRP:. ..,..- ..:;:ili'i.

    " ..:.Z004 ;X :10i.0.41i.

    ; : .Ale eiage:

    i ;i : ,; i:':* .

    ''':''''''7::''',,': : . N e w Impact,;.e4i.

    CIF StormDrainPer Gross Acre 500.00 $ ,320.00 X .4% $ ,471.68 X 1.7% $ ,581.70 X .8% $ ,160.69 $ ,160.89CIF Roads & BridgesResidential Units:Single Family Residence (6 per Unit) $ 00.00 $ 10.00 X .4% $ 24.64 X 1.7% $ 35.26 X .8% 6 91.16 $ 91.16Multi-Family Residence ($ Per Unit) 300.00 $ 22.00 X .4% $ 32.13 X 1.7% $ 39.47 X .8% $ 78.15 _5 78.15Mobile Homes ($ per Unit) $ 00.00 $ 06.00 X .4% $ 13.34 X 1.7% $ 18.67 X .8% $ 46.71 $ 46.71Recreational Vehicle Space ($ per Unit) $ 00.00 $ 06.00 X .4% $ 13.34 X 1.7% $ 18.67 X .8% $ 46.71 $ 46.71Commercial Units:Commercial ($ per square foot of gross floor area) $ .25 $ X .4% $ .26 X 1.7% $ .26 X .8% $ .28 $ .28Industrial ($ per square foot of gross floor area) $ .25 $ X .4% $ .26 X 1.7% $ .26 X .8% $ .28 $ .28Commercial k$ per Trip) $ $ .37 X .4% $ .52 X 1.7% $ .63 X .8% $ .22 $ .22Industrial ($ per Trip) $ $ .37 X .4% $ .52 X 1.7% $ .63 X .8% $ .22 $ .22CIF Traffic SignalSingle Family Residence $ 22.00 X .4% $ 2.53 X 1.7% $ 2.91 X .8% $ 4.93 $ 4.93All other(per trip) $ 6 .21 X .4% 2.26 X 1.7% 2.30 X .8% 2.50 $ .50CIF Public Buildir_gsResidential Units:Single Family Residence ($,,per Unit) 350.00 350.00 X .4% $ 58.40 X 1.7% $ 64.49 X .8% $ 96.57 $ 96.57Multi-Family Residence ($ Per Unit) $ 50.00 $ 50.00 X .4% $ 58.40 X 1.7% $ 64.49 X .8% $ 96.57 $ 96.57Mobile Homes ($ per Unit) $ 50.00 $ 50.00 X .4% $ 58.40 X 1.7% $ 64.49 X ,8% $ 96.57 $ 96.57Recreational Vehicle Space j$ per Unit) 5 75.00 8 75.00 X .4% $ 79.20 X 1.7% $ 82.25 X .8% $ 98.28 $ 98.284Commercial Units:Commercial (8 per square Foot of gross floor area) $ $ .10 X .4% $ .10 X 1.7% $ .10 X .8% $ .11 0.11Industrial (5 per square foot of gross floor area) $ 0.03 X .4% $ .03 X 1.7% $ .03 X .8% $ .03 $ .03CIF ParksResidential Units:Single Family Residence ($ per Unit) X .4% $ X 1.7% X .8% $ ,986.00Multi-Fam. esidence $ Per Unit X .4% $ X 1.7% $ X .8% $ 1,986.005$ ,986.00

    $ ,986.00Mobile Homes ($ per Unit) X.4% $ X 1.7% $ X .8% $

    Recreational Vehicle Space ($ per Unit) X .4% $ X 1.7% X .8% $CIF PoliceResidential Units:Single Family Residence ($ per Unit) 6 4.00 $ 4.00 X .4% $ 5.78 X 1.7% $ 7.06 X .8% $ 3.85 83.85Multi-Family Residence ($ Per Unit) $ 6.45 $ 3.00 X .4% $ 4.27 X 1.7% $ 5.19 X .8% $ 0.05 60.05Mobile Homes ($ per Unit) $ 1.29 $ 7.29 X .4% $ 8.42 X 1.7% $ 9.25 X .8% 43.58 $ 3.58Commercial Units:Commercial (Per 1,000 Sq Ft) $ 3.03 $ 8.00 X .4% 38.91 X 1.7% 39.57 X .8% 43.06 $ 3.06Industrial (Per 000 Sq Ft) $ 8.58 $ 1.00 X .4% $ 1.50 X 1.7% 21.87 X .8% 23.79 $ 3.79CIF FireResidential Units:Single Family Residence ($ per Unit) 374,00 430.00 X .4% $ 40.32 X 1.7% $ 47.81 X .8% $ 87.21 87.21Multi-Family Residence (8 Per Unit) 270.00 310.00 X .4% $ 17.44 X 1.7% $ 22.84 X ,8% $ 51.25 351.25Mobile Homes ($ per Unit) 240.00 $ 76.00 X .4% $ 82.62 X 1.7% 287.43 X .8% $ 12.72 312,72Commercial Units: 8.8%Commercial (Per 1,000 Sq Ft) 230.00 $ 54.00 X .4% 6 60.10 X 1.7% $ 64.52 X .8% 287.80 $ 87.80Industrial (Per 1,000 Sq Ft) 230.00 $ 54.00 X .4% 260.10 X 1.7% $ 64.52 X .8% $ 87.80 287.80

    Cky ormawage 1 /27/2005

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    31/75

    ........ . . :( 7: t . e ifr1 (41..891o)

    NOIrnpae4: :Fee

    X .4% $ ,734.08 1.7% $ ,780.56 x 8.8% $ ,025.25 $ ,025.252.4% $ ,048.00 x 1.7% $ ,082.82 X 8.8% $ ,266.10 $ ,266.102.4% $ 2,623.23 1.7% $ 3,007.83 X 8.8% $ 5,032.52 $ 25,032.52

    X .4% $ ,252.80 X 1.7% $ ,291.10 X 8.8% $ ,492.71 $ ,492.71X .4% $ ,689.60 1.7% $ ,718.32 X 8.8% $ ,869.54 $ ,869.54X .4% $ 8,638.85 1.7% $ 8,955.71 X 8.896 20,623.81 $ 20,623.81

    Impact Fee

    North IndioSingle Family Residence ($ per Unit)Multi-Family Residence ($ Per Unit)

    South IndioSingle Family Residence ($ per Unit)

    CIF- Water

    Non-Residential ($ Per Acre)

    Multi-Family Residence ($ Per Unit)Non-Resident ($ Per Acre)

    Itnpat . . F e e : :

    $ ,200.00

    $ ,670.00$ ,000.00$ 22,093.00

    $ ,650.00$ 18,202.00

    0.0.tOtcl:' ..... : : ; : : Water Capital Impact Fee Increase Project

    Crly of Intik 427/2005

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    32/75

    http://ent.ecnexcocr7erree-scriptcienr eum ent Arlew .p1?pageftar docuraent itern_lcis.0... 4/13/2005

    FROM : CITY OF INDIOApr 18 05 10:07a FAX NO. : 917803426599 pr. 18 2005 10: '3AM P11 714.1:12;?-1 .erromen tIennigar

    Welcom e to the EM( she age 1 of 2

    clAWIENRc o s t i n d e x - Lo s A n g e le sThe tv.111COng and construction cost Indexes for .S.NR's Individualci t ies use the san s com p onents and weigrc ino As those for ..he23-ci ty nat iona l innexes. The ci ty mitre use Ioee pr ices forpor tend or:mi l t rod 2 X 4 wiper and the na: ione: evera;eprice ix structura l Mel . The c l ty's 8C I uses loo s union wages,plus fringes, for carpenters, bricklayers and for. workers. Thes CCI uses the same mien wages for %l ianas.

    6NR Cos* Indexes in 29 ci t ies, - I 87 B-2005

    1 9 1 1 . 1 0 0L O S A N G E L E S

    BCi % G h k CC C h1978 Dec. 19139.77 + 8 . 9 342:25 -6.21979 Dec. 2:,85.7a + 4 , 9 9608.81 -6.41080 Dee. 2272.28 + 1 0 . 0 4102.37 412.71 5 81 Dec. 2405.22 +5.8 4530.96 t1 C . 41532 Deo. 2540.67 +5.3 4934.14 +6 01 9 3 3 Des. 2555.68 +1.5 5063.56 -2.e1 9 84 Dec. 2726.44 +5.4 11255.90 +3.91 9 3 8 Deo. 2884.56 5446.69 -3.61 9 3 6 De4. 2732.63 +3.71 9 8 7 Dec. 2518,40 +1.9 5474,14 +0.41 9 5 9 Dec. 2881.8; +1.2 5770.64 +5.41 9 8 9 Dec. , 2456.28+6.. 5789.77 +0.31 9 9 0 Deo. 3020.61... 4 5.81 5 9 9 4 . 5 5 +3 51 9 9 1 Dec. 3007.83 4.2.6 6090.12 '1.61 9 5 2 Dec. 3108.63 +3.3 6348.85 -4.21 5 9 3 Dee. 5334,43 +42 eer.e4 +2.01994 Dee. 342C.421 "2.0 6532,96 +0.91 9 9 5 Dec. 3427.28 +02 6526.22-0.11 9 9 5 Dec. 301.70 O n 3538,445663.56

    +0.541.61 9 9 7 Dec. 3550.53 43.0

    1 9 9 8 Dee. 3617.00 +, .6 6 5 5 ' 9 5 +2.61 9 8 0 ec. 3 5 4 1 1- -0.7 9 9 2 5 , 9 7 -0 42 0 0 0 Dec 3680.28 +2.5_ 7058.0.4 + 3 1 32 9 0 1 Dec. 3594.24 '0.4 7226.92 +2.32007, Dec, 3767,78 +2.5 7402.76 -2.4zp0: i Deo, 3847.30 +1.6 7531.77 +1.7200 , . f a n '3644.53 +1.8~-4 7529.27 ' +1.7Fob, 3898.43ame 42.9 7590.52 +1.7+2.1North 3040.55 +1.4 7734.77

    Apri l 396165 +22 7776.77 +2.4M a y 403543 43.4 7803.52 +3.2 ,

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    33/75

    FROM : CITY OF INDIO F -7 ,( NO. : 917603426590 pr. 16 2.005 11: FOAMfiler 1B 05 tOTOSs errwylen Hennigar 714-G6/-1071 0 eWecornc to the F'A'R site age 2 of

    June 4 0 4 9 . 7 3 8.0 7843.E6 +4 r,July 4031.73 +5.0 7845.88 +4.0Aug, 4062 89' ea 7857.10 +42Sept 4131.30 +7.0 8188.24 *8.3O c t . 4132.C5 +7.1, 5 1 88. 0 9 +8.3N c v . 4 1 4 6 . 9 0 +7.6 5183.74 - *8.13Dec. 418520 +81, 8162.14 -5.82006 Jar,. 415027 +L 7 8193 21 +.8.5P a y . 4202.5C + 7 . 9 5235.71 *7.1IWO 4200.60 + 8 . 6 8233.71 + 9 . 5A r o n ) 4233.42 *81 e 2 6 e s 3 +8.3

    Con trot tInn pnom1r))rrgat IDdox FA Lat 2 1 C e . . . . 1 1 2 1 1c4.on,trirsi ritTr

    CopyrIght 2e 06 The IFIcGre.w-iliiS Compervitis -Al: wohts, Reserved.

    http://enr.cciaext.win; :e . t -scriptsienr doe r atvizw.pl7pagef t dncum ent&itermLid, .0 . . . 4118/2005

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    34/75

    UNOFFICIAL UNTIL APPROVED BY THE CITY COUNCILCITY OF INDIOCITY COUNCIL MEETINGAPRIL 20, 2005

    Mayor Melanie Fesmire called the regular meeting of the City Council of the City ofIndio, California, to order at 6:00 p.m. in the Council Chambers at 150 Civic Center Mall,Indio, California.ROLL CALL: Present: ayor Melanie FesmireMayor Pro Tern Gene Gilbert

    Councilmember Ben GodfreyCouncilmember Lupe Ramos WatsonCouncilmember Michael H. WilsonIndio Youth Advisory Councilmember Alan Huang

    Mayor Fesmire and Mayor Pro-Tern Gilbert presented certificates to the winners of theArt and Essay Contest for the 75t h Anniversary Celebration of the City of Indio. JimCurtis, Special Events Coordinator, stated the winners in the art category were Thirdplace winner Sedihy Carrillo, from Mt. Vista Elementary School; Second Place winnerVanessa Romero, Eisenhower Elementary School; First place winner Andrew Chavez,Mt. Vista Elementary School. Each were awarded a $100, $200 and $300, respectively,savings bond and a certificate of appreciation for their participation and their art picturewas distributed on the powerpoint.In the Essay Contest winners were Third place winner Maria Romero; Second placewinner Cheyenne Rivera; First place winner Santos Cornejo; all from Woodrow WilsonMiddle School.The City Council thanked all of the students for their participation in the contests.Mayor Fesmire presented a proclamation to the Riverside County Mental HealthDepartment proclaiming the month of May as Mental Health Month .A presentation was made by Bruce Colbert of the Property Owners Association ofRiverside County on the Coachella Valley Multi-Species Habitat Conservation Plan. Hestated they have about 200 members and they have been in existence since 1983 andtheir mission is to protect their property owners rights and interests in the formation ofpublic policy. He gave a powerpoint presentation and commented the Plan fails toaccurately estimate its cost and the revenue to insure the plan's success. Herecommended the city proceed with caution and that the City Council review his letter ofrecommendation.Councilmember Wilson commented the group is at odds with the proposed Plan. Hecommented if the cities do not make a plan to protect the species, the projects wouldnot be able to be built anyway. The cities have been working with CVAG and RCTCtoward approval of a plan and the issue at hand seems to be land values.

    I . 4a

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    35/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    Councilmember Godfrey commented land values are ever increasing in this valley anddoes not feel an alarm should be sent out.

    A presentation was made by Ron Enzweiler Executive Director, of the Salton SeaAuthority. He reported the Salton Sea is a JPA that encompasses two counties, twowater districts, and the Torrez Martinez Tribal Nation. He gave a powerpointpresentation of the sea, a very large lake that is sustained by irrigation drainage runoff.The salt has never gone anywhere and the lake has become more polluted. This wasnot the case thirty years ago; the question is which way to go on this. One option is adecision to let the sea die a natural death (between 20-25 years); or should it berestored. The plan endorsed is basically to build a dam across the middle of the lake;build a perimeter around the south end and maintain a healthy big lake. There alsoneeds to be legislation(Senate Bill 1081)passed so that the water stays here. They seethe ability to finance these improvements locally, with a bond issue. The presentationwas informational only, however, he indicated he would be back with a formal request.The City Council thanked Mr. Enzweiler for his report.INDIO YOUTH ADVISORY COUNCILROLL CALL: Present: Jennifer Buenrostro, Alan Huang, Nicole Purdy, Ingrid Rivas,Lesley Rivas Absent: Jonathan Becerra, Lincoln Castellanos, Roxanne Cota, ErikaGreen, Lucinda Perez, Viviana VillarrealCouncilmember (grid Rivas announced they participated in the Salsa Festival.Councilmember Huang reported they are in the process of recruiting members for theYAC.Councilmember Buenrostro invited the City Council to the Indio High School DramaClub's presentation of their musical The Pajama Game showing Thursday, Friday andSaturday night at 7:30 p.m. at Indio High School.There being no further business to discuss, the IYAC adjourned.CITY MANAGER REPORTS AND INFORMATIONMayor Fesmire introduced Glenn D. Southard, City Manager. Edward Kotkin CityAttorney, gave the Oath of Office to Mr. Southard.Mr. Southard introduced Bridget Healy Assistant City Manager and Paul Ireland InterimCommunity Development/Building & Safety Services Director, with the firm of Hogle-Ireland. He announced that he has adjusted Mark Wasserman's title to Assistant to theCity Manager.The City Council and staff welcomed the new staff members.

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    36/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    Mr. Southard reported there was a fire at one of the City's fire stations and the staff hadto be relocated temporarily; the County is getting ready to open their animal shelterfacility in Thousand Palms and this matter will be back to Council for further discussion;the city is on the very low end of all fees in the valley and Staff will have something atthe next meeting to consider fees.CITY COUNCILa. Reports and InformationCouncilmember Ramos Watson attended the Desert Resorts Convention & VisitorsAuthority and they appointed an interim director. She was appointed to Chair thecommittee on finding a new director and was also appointed to the Pension Committee.She attended the Image and Marketing Committee meeting of the Chamber ofCommerce regarding entry points at both ends of Highway 111; and she attended theCoachella Valley Economic Partnership with City Staff Troy Strange.Councilmember Gilbert challenged each of the Councilmembers to donate $200 each tothe P.J. Gillespie Scholarship Fund.Councilmember Wilson attended committee meetings of the expansion of the CoachellaValley Empowerment Zone which was continued to April 27. He requested Staff findout the City's benefit in the Desert Resorts Convention & Visitors Authority and to lookinto the budget. The Cabazon Tribe laid off their public safety services employees.They do not have a public safety source and Indio is the first unit to respond. TheTribe's feeling is they made a deal with the County.Mayor Fesmire received two letters 1)regarding the solution of streets in Indio and 2)arequest for a plan for repair and maintenance. She attended the 75 t h Anniversary of thefirst school house at Miles Avenue Park. She reminded the public of the City's 75thAnniversary Gala on May 7 at the Fantasy Springs Casino; she attended the opening ofthe UCR Educational Facility in Palm Desert.PUBLIC COMMENTThe following persons spoke under public comment to include Jacquie Bethel whothanked City Staff on the fence height issue in her neighborhood; John Gentrycommented the three minute request to speak is too short; he has not seen the streetsweeper in his neighborhood for three weeks; the drainage system in his neighborhoodis swamped with nuisance water and it smells; Hjorth and Avenue 48, north, needs astop sign; Alfredo Meza commented the citizens are overpaying for their services toinclude the street lights that are out for long periods of time; the grass in the publicsidewalks due to lack of maintenance; the roads on Highway 111 and the lack ofimprovements; the utility tax that has not been put to the voters since Prop 13; perhapsthe public is afraid to communicate openly to the City Council; Dan Parks, Assistant tothe General Manager of the Coachella Valley Water District, extended their offer toassist the city in whatever way they can; Theresa Dobrev explained she was very

    3

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    37/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    embarrassed as a result of a traffic trap on Highway 111 and Oasis Street due to thelack of proper street signage and requested a sign giving notice that it is a right turnonly and added the time limit to speak should be five minutes; Sandy Baldinado,Mayor of Claremont, congratulated the City Council and Glenn Southard to hisappointment of City Manager; Paul Held, Councilmember of the City of Claremont,congratulated Glenn Southard to his appointment of City Manager and wished him thebest of luck and congratulated Bridget Healy Assistant City Manager on herappointment as well.Councilmember Wilson commented each of the Councilmembers are always availableto the public for communication.1. PUBLIC HEARING: BYRNE JUSTICE ASSISTANCE GRANT FUNDS IN THE

    AMOUNT OF $45,342.00 AND AUTHORIZATION TO USE FOR PURCHASE OFLESS LETHAL EQUIPMENT/TECHNOLOGY

    Brad Ramos Police Chief, reported the United States Department of Justice, Bureau ofJustice Assistance, appropriated monies for the purpose of funding the grant (JAG)program. The purpose is to provide funds to units of government. These funds areused to underwrite programs and purchase needed equipment that will help reducecrime and improve local public safety services. Staff recommends Council approve thegrant fund in the amount of $45,342.Mayor Fesmire declared the public hearing opened and requested comments from thepublic for or against this proposal. There being none, the public hearing was closed.After discussion, it was moved by Councilmember Gilbert, seconded by CouncilmemberWilson and unanimously carried to ADOPT Resolution No. 8910, by title only, to read asfollows:RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,AUTHORIZING THE ACCEPTANCE OF THE UNITED STATES DEPARMENT OFJUSTICE BUREAU OF JUSTICE ASSISTANCE, BYRNE JUSTICE ASSISTANCEGRANT FISCAL YEAR 2005(JAG)ADDING THE GRANT FUND TO THE INDIOPOLICE DEPARTMENT S OPERATING BUDGET AND AUTHORIZING THEEXPENDITURE OF SUCH FUNDS AS RECOMMENDED BY CITY STAFF FOREQUIPMENT/TECHNOLOGY2. PUBLIC HEARING: CLOSE HEARING AND ADOPT FINDINGS REGARDING

    CONDITIONAL USE PERMIT NO. 04-8-817; (HARVEY MILLER APPLICANT)Mayor Fesmire declared the public hearing opened.Paul Ireland, Interim Community Development. Director reported this is an appeal of thePlanning Commission's decision of a proposed carwash to be located at 82-451Highway 111. For several reasons to include traffic concerns, increased noise,

    4

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    38/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    conflicts with existing potential uses and potential conflicts with future surrounding usesand that this proposal does not comply with the goals, objectives and policies of theCity's General Plan, Staff has presented findings that this project does not representthe best use for this location for the city. Staff recommends denial based on thefindings as outlined in the Staff Report.Harvey Miller, applicant, commented he does not believe that everything that Staff(same Staff) found positive about this project is now negative. He was informed by theformer Director of Planning that the city date stamp of the acceptance of the appeal didnot come from her department. He stated they have filed a Petition for Writ in superiorcourt regarding the moratorium and the Brown Act violation. He commented he will fileanother writ once the City Council overturns the approval.Lana Hall commented she thought that the Planning Department's originalrecommendation was for denial.There being no further comments from the public, Mayor Fesmire declared the publichearing closed.After discussion, it was moved by Councilmember Wilson seconded by CouncilmemberGodfrey and unanimously carried to UPHOLD the appeal and DENY the ConditionalUse Permit No. 04-8-817, subject to the Findings as outlined in the Staff Report andADOPT Resolution No. 8911, by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,UPHOLDING THE APPEAL AND DENYING THE APPROVAL OF CONDITIONALUSE PERMIT NO 04-8-817, HARVEY MILLER3. PUBLIC HEARING: ENVIRONMENTAL ASSESSMENT 05-1-416, TENTATIVE

    TRACT MAP NO. 33089, CHANGE OF ZONE 04-111-628 CAMEO HOMESCouncilmember Ramos Watson recused herself and left the chamber.Paul Ireland, Interim Community Development/Building & Safety Services Director,reported an appeal of the Planning Commission's decision has been filed. ThePlanning Commission approved Cameo Homes consisting of an EnvironmentalAssessment(EA), Change of Zone(COZ), Tentative Map(TM), Conditional Use Permit(CUP) and Design Review(DR) for 100 attached multi-family units. A PlanningCommissioner filed a timely appeal of the EA, TM and DR requesting that these mattersbe returned to the Planning Commission for reconsideration. The CUP and COZ werenot appealed; however, the CUP and COZ actions cannot proceed without action on theother items.Staff is recommending the Council refer this entire matter back to the PlanningCommission and Staff will bring this matter back on May 4, 2005, due to several of the

    5

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    39/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    applications will need to come back to Council. Staff is requesting the Change of Zoneapplication be taken off calendar.

    Councilmember Wilson asked if the change of zone is from a commercial use to aresidential use? Mr. Ireland replied that is correct.Mayor Fesmire acknowledged a letter, for the record, received at this time from JeffreyBallinger of Best Best & Krieger, LLP, legal counsel, for the applicant Cameo Homes,dated April 20, 2005.It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to CONTINUE this matter to May 4, 2005, by the following vote:

    AYES: Gilbert, Godfrey, Wilson, FesmireNOES: NoneABSTAIN: Ramos Watson

    4. PUBLIC HEARING: ANNEXATION TO COMMUNITY FACILITIES DISTRICT NO.2004-01(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICE) ANDAUTHORIZE LEVY OF A SPECIAL TAX WITHIN SAID ANNEXATION AREAS

    Edward Kotkin City Attorney, stated Councilmember Ramos Watson does have afinancial interest in Annexation No. 18, Tract No. 30606, and will be stepping down onthat item.Mayor Fesmire stated this is the time and place for the public hearing for the proposedannexation of Annexation Area Nos. 14, 15, 17, 19, 23, 37 and 38 to the City of IndioCommunity Facilities District No. 2004-1 (Law Enforcement, Fire and ParamedicServices). The public hearing with respect to all eight annexation areas is herebyofficially opened. We will first have presentations by staff about the annexations. Afterthat, we will receive comments and questions and any oral protest from any interestedpersons. When all comments have been received the public hearing will be closed.Felicita Lugo Assistant City Clerk, announced the notices of the public hearing havebeen published in accordance with the Mello-Roos Community Facilities Act of 1982and proofs of such publication are on file in the City Clerk's office.Roy Stephenson Interim Public Works Director, reported the City Council adopted aResolution of Intention to establish Community Facilities District No. 2004-1 (lawenforcement, fire and paramedic service) to levy a special tax to fund a portion of thecost of law enforcement, fire and paramedic services incurred as a result of newdevelopment within the City. The Council also adopted a rate and method for suchspecial tax that will be levied on all new residential development of four or more homes.The special tax is applicable upon the issuance of a building permit commencing withunits for which building permits have been issued on or after May 1, 2004. The City

    6

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    40/75

    City ofindioCity Council MinutesApril 20 2005 continuedCouncil approved Resolutions of Intention to annex these tracts into the CFD and setthe public hearing for April 20.Staff recommends holding the public hearing, conducting the special election andadopting the resolution determining validity of prior proceedings, calling a specialelection, canvassing the results of the election and adopting the ordinance authorizinglevy of special tax, on the following tracts:

    Annexation No. 14 (Tract No. 31247)Rilington Communities Annexation No. 15 (Tract No. 31815)Ponderosa Homes Annexation No. 17 (Tract No. 31473)Alpine Annexation No. 19 (Tract No. 30643,-1,-2 , 3) Ashbrook Annexation No. 23 (Tract No. 30935)Rancho Verde Annexation No. 37 (Tract No. 32135)The Bridges at Jefferson Annexation No. 38 (Tract No. 32869)SDI Communities

    John Gentry commented the city has no right to tax a property. The tax being imposedis something that is already paid by the taxpayers; anything above that must go to anelection and be approved by a two-thirds vote. With this formation, the taxpayers arepaying for police and fire services twice.Councilmember Wilson stated the purpose of moving in this direction was to providepublic safety services to our community. He does not believe the general fund cansupport the additional impact and he supports this method.Mayor Fesmire asked, before formally closing the hearing, are there any other propertyowners subject to the proposed special taxes who wish to file written protests? If sothey must be filed with the City Clerk at this time. For the purpose of a majority protest,only written protests are to be considered.There being no further comments from the public, Mayor Fesmire closed the publichearing.It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8912, by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 14 TRACT NO. 31247)It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8913 by title only, to read as follows:

    7

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    41/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 15 (TRACT NO. 31815)It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8914 by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 17 (TRACT NO. 31473)It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8915 by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 19(TRACT NO. 30643, -1, -2, 3)It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8916 by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 23(TRACT NO. 30935)It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8917 by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 37(TRACT NO. 32135)It was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Resolution No. 8918 by title only, to read as follows:

    8

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    42/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TOANNEXATION OF PROPERTY INTO CITY OF INDIO COMMUNITY FACILITIESDISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)ANNEXATION NO. 38 (TRACT NO. 32869)It was moved by Councilmember Wilson, seconded by Councilmernber Godfrey andunanimously carried to ADOPT Resolutions Nos. 8919, 8920, 8921, 8922, 8923, 8924and 8925, by title only, to read as follows:RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 14 (TRACT NO. 31247)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 15 (TRACTNO. 31815)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 17 (TRACT NO. 31473)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 19 (TRACT NO. 30643, -1, -2, 3)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 23 (TRACT NO. 30935)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 37(TRACT NO. 32135)RESOLUTION OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA,ACTING ON BEHALF OF THE CITY OF INDIO COMMUNITY FACILITIES DISTRICTNO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLINGA SPECIAL ELECTION, ANNEXATION NO. 38(TRACT NO. 32869)

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    43/75

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    44/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATIONAREA NO. 38, (TRACT NO. 32869) ANNEXED TO SAID DISTRICTIt was moved by Councilmember Wilson, seconded by Councilmember Godfrey andunanimously carried to ADOPT Ordinance Nos. 1413, 1414, 1415, 1416, 1417, 1418,and 1419WAIVE reading, by title only, as first reading, to read as follows:ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITYFACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 14 (TRACT NO. 31247) ANNEXED TO SAID DISTRICT

    ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITYFACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 15 (TRACT NO. 31815) ANNEXED TO SAID DISTRICTORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITYFACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 17 (TRACT NO. 31473) ANNEXED TO SAID DISTRICTORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITYFACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 19 (TRACT NO. 30643, -1, -2, 3) ANNEXED TO SAID DISTRICTORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITYFACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 23 (TRACT NO. 30935) ANNEXED TO SAID DISTRICTORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITYFACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 37 (TRACT NO. 32135) ANNEXED TO SAID DISTRICTORDINANCE OF THE CITY COUNCIL, OF THE CITY OF INDIO, CALIFORNIA,ACTING AS THE LEGISLATIVE BODY OF THE CITY OF INDIO COMMUNITY

    11

  • 8/13/2019 Indio ImpactFees EmergencyReasons May4.2005

    45/75

    City of IndioCity Council MinutesApril 20, 2005 continued

    FACILITIES DISTRICT NO. 2004-1 (LAW ENFORCEMENT, FIRE AND PARAMEDICSERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATIONAREA NO. 38 (TRACT NO. 32869) ANNEXED TO SAID DISTRICTEdward Kotkin City Attorney, stated Councilmember Ramos Watson does have afinancial interest in Annexation No. 18, Tract No. 30606 and she stepped out of theroom.Mayor Fesmire stated this is the time and place for the public hearing for the proposedannexation of Annexation Area No. 18 to the City of Indio Community Facilities DistrictNo. 2004-1 (Law Enforcement, Fire and Paramedic Services). The public hearing withrespect to Annexation Area No. 18 is hereby officially opened. We will first havepresentation by staff about the annexation. After that, we will receive comments andquestions and any oral protest from any interested persons. When all comments havebeen received the public hearing will be closed.Felicita Lugo Assistant City Clerk, announced the notice of the public hearing has beenpublished in accordance with the Mello-Roos Community Facilities Act of 1982 andproofs of such publication are on file in the City Clerk's office.Roy Stephenson Interim Public Works Director, reported the City Council adopted aresolution of intention to establish Community Facilities District No. 2004-1 (lawenforcement, fire and paramedic service) to levy a special tax to fund a portion of thecost of law enforcement, fire and paramedic services incurred as a result of newdevelopment within the City. The Council also adopted a rate and method for suchspecial tax that will be levied on all new residential development of fo