Preface.
WHEREAS, by Ordinance No. 16-02, adopted on August 1, 2016,
the City Council (the "City Council") of the City of Firebaugh (the
"City") granted authority to establish and charge development and
impact fees as a condition of approval of development projects for
the purpose of defraying the costs of public facilities (including
public improvements, public services and community amenities) related
to development projects; and
WHEREAS, pursuant to the State Mitigation Fee Act (Government
Code Sections 66000 et seq.) such development impact fees may be established
and charged to pay for the cost of development of public facilities,
including but not limited to streets and thoroughfares, law enforcement
facilities and equipment, fire facilities and equipment, general City
facilities, storm drainage facilities, wastewater treatment facilities,
wastewater collection facilities, water supply and holding facilities,
water distribution facilities, and parks and recreation facilities;
and
WHEREAS, in Ordinance No. 16-02, the City Council provided both
that in enacting resolutions establishing and imposing such impact
fees the City Council shall set forth the specific amount of the fee,
describe the benefit and impact areas on which the development impact
fee is imposed, list the specific public improvements to be financed,
describe the estimated cost of the facilities, describe the reasonable
relationship between the fees and the various types of developments,
and set forth the time for payment, and that the City Council may
further provide in such resolution that specific limitations will
apply to reductions, adjustments, waivers, or deferrals of development
impact fees and further that the City Council may, in such resolution,
set forth such specific limitations; and
WHEREAS, David Taussig & Associates has prepared a report
dated May 26, 2016, (Report) which analyzes the impacts of contemplated
future development on existing public facilities in the City, along
with an analysis of the need for new public facilities and improvements
required by new development, and said Report sets forth the relationship
between new development, the needed facilities and their estimated
costs; and
WHEREAS, City Staff has reviewed the service provisions and
development impact cost portions of said Report, thereby independently
verifying and validating said Report; and
WHEREAS, the aforesaid David Taussig & Associates (as well
as all material supplementary thereto, and all background data referenced
in the Report), and a copy of Ordinance 16-02 were available for public
inspection and review at the City Clerk's office of the City
for a period of at least 10 days prior to the public hearings on this
resolution, the Report and the impact fees; and mailed notice was
given at least 14 days prior to said hearing to any interested person
who filed a written request (if any) with the City for mailed notice
of the public hearing; and
WHEREAS, said public hearing was also noticed pursuant to and
in compliance with
Government Code Section 6062a, and was held as
part of a regularly scheduled meeting of the City Council; and
WHEREAS, said public hearing on adoption of this resolution,
the Report and the impact fees referred to by the Firebaugh City Council
will hold a public hearing at 1655 13th St., Firebaugh, California
on Monday, July 18, 2016 at 6:00 p.m., at which all interested were
given an opportunity to be heard; and
WHEREAS, the City Council has duly considered all oral and written
testimony presented at or prior to the Public hearing. This resolution
and staff report has been available for review at City Hall, 1133
P St, Firebaugh, CA 93622 and/or considered all received call (559)
659-2043 from 8am-4pm.
NOW THEREFORE, in accordance with the provisions of Ordinance
No. 16-02 and
Government Code Sections 66000, et seq., and based on
all the evidence in the record, the City Council of the City of Firebaugh
resolves, finds and determines as follows below.
[Res. No. 2016-25]