RESOLUTION NO.
A RESOLUTION OF THE CITY OF COTATI COUNCIL ACCEPTING THE FISCAL YEAR 2021-2022 ANNUAL REPORTS OF DEVELOPER DEPOSITS (AB 1600
REPORT)
WHEREAS, the City of Cotati imposes fees to mitigate the impact of development pursuant to Government Code Section 66000 et seq.; and
WHEREAS, said fees collected are deposited into separate special and capital accounts for each type of improvement funded by development fees; and WHEREAS, the City maintains separate funds for traffic mitigation, park in lieu, and inclusionary housing:
WHEREAS, pursuant to Government Code Section 66006, the City is required within 180 days after the last day of each fiscal year to make available to the public information for the fiscal year regarding these fees; and
WHEREAS, City staff has prepared a report ("AB 1600 Report") that contains the information required by Government Code Section 66006, a copy of which is attached hereto as Exhibit “A”; and
WHEREAS, on May 14, 2019 an interfund loan for $1,000,000 to be repaid over 20 years at 3% was initiated from inclusionary housing to sewer operations and the outstanding balance as of June 30, 2022 due back to the Inclusionary Housing Fund was $826,613; and WHEREAS, there were no inter-fund transfers or loans made from any of the accounts identified in the AB 1600 Report; and
WHEREAS, there were no refunds of development impact fees collected pursuant to Government Code Section 66001(e), nor were there any allocations of unexpended revenues collected pursuant to Government Code Section 66001(f); and WHEREAS, no interested persons have requested notice of the AB 1600 Report; consequently, no notices of the availability of the AB 1600 Report were mailed; and WHEREAS, the information contained in the attached Exhibit A was made available to the public a minimum of 15 days prior to this City Council meeting date; and WHEREAS, a notice of the availability of the development fee information will be posted on the City’s website upon Council acceptance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COTATI DOES RESOLVE AS FOLLOWS:
Section 1. Findings. The City Council of the City of Cotati hereby resolves as follows:
A. In accordance with Government Code Section 66006, the City has conducted an annual review of its development impact fees and capital infrastructure programs and the City Council has reviewed the AB 1600 Report attached hereto as Exhibit A and incorporated herein by this reference.
B. The funds have been and shall be used for the purposes stated in the AB 1600 Report, are necessary to mitigate impacts resulting from development in the City and bear a reasonable relationship between the use of the fees and type of development project upon which the fee is imposed.
C. The City Council hereby accepts the AB 1600 Report.
D. The AB 1600 report continues to be available for public review on the City’s website and at the City Clerk’s office and upon request.
Section 2. Effective Date. The resolution shall take effect immediately upon adoption.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional on their face or as applied.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on the September 13th, 2022, by the following vote, to wit:
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
____________________________
City Attorney
Attachments:
Exhibit A: 2021-22 - AB 1600 Report (PDF)