Res 88-149RESOLUTION NO. 88-149
CITY RESOLUTION OF THE CITY COUNCIL OF THE
OF POWAY, CALIFORNIA, ADOPTING THE
1989 CAPITAL FACILITIES PLAN
IN COMPLIANCE WITH AB1600
WHEREAS, the City Council of the City of Poway has adopted ordinances
creating and establishing the authority for imposing and charging fees for
drainage, sewer, water, traffic mitigation, and Poway Road medians; and
WHEREAS, the 1988-89 Capital Facilities Plan identifies the various
improvement fees required of new development, identifies the facilities to be
constructed with those fees, and sets forth the determinations required by
Government Code Section 66001 in connection therewith; and
WHEREAS, the 1988-89 Capital Facilities Plan was prepared by the Department
of Public Services, is dated December 1988, and complies with the requirements
of AB1600 including Government Code Section 66002; and
WHEREAS, the Capital Facilities Plan {CFP) adopted by this resolution was
available for public inspection and review fourteen {14) days prior to this
public hearing, and the public hearing held on the CFP was noticed in compliance
with Government Coe Sections 65090 and 66002{b); and
WHEREAS, there is a reasonable relationship between the need for the public
facilities identified in the CFP and the impacts of new development for which
the fees are charged; a reasonable relationship between the fees' use and the
types of developments for which fees are charged; and a reasonable relationship
between the amount of each fee and the costs of each facility or portion thereof
attributable to the development on which each fee is imposed, as these reason-
able relationships are described in Government Code Section 66001; and
WHEREAS, the Capital Facilities Plan is consistent with the City of Poway
General Plan; and
WHEREAS, adoption of the Capital Facilities Plan will not have a signifi-
cant effect upon the environment.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Poway
that:
1. A Negative Declaration is hereby issued for the adoption of the lg88-89
Capital Facilities Plan.
2. The 1988-8g City of Poway Capital Facilities Plan is hereby adopted by
this reference.
The fees shall be used to pay for the public facilities identified in
in the CFP {a) to be constructed by the City; {b) for reimbursing the
City for a development's fair share of those capital improvements
already constructed by the City; or {c) to reimburse other developers
who have constructed the facilities to an extent which exceeded that
needed to mitigate the impacts of those other developers' project{s}.
Resolution No. 88-149
Page 2
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Pursuant to Government Code Sectlon 66002(b) each year during the
budget preparation process, the Public Services Department shall review
the estimated cost of the capital improvements, the continued need for
those improvements, and the reasonable relationship between such need,
and the impacts of the various types of development for which these
fees are charged. The Public Services Department shall report its
flndlngs to the City Council at a notlced public hearing, and recom-
mend any adjustment to the fees or other action as may be needed in
order to update the CFP.
Any judicial action or proceeding to attack, review, set aside, void,
or annul this resolution shall be filed within 90 days of the date of
adoption hereof pursuant to Code of Civil Procedure Section 1094.6(b).
PASSED, ADOPTED AND APPROVED by the City Coun?wrl-~of the City of Poway,
California, at a regular meeting thereof this 20t~/day) of December 1988.
Carl Kruse, Mayor
ATTEST:
Marjor~e~. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, MarJorle K. Wahlsten, City Clerk of the City of Poway, do hereby certify
under the penalty of perjury, that the foregoing Resolution, No. 88-149 , was
duly adopted by the City Council at a meeting of said City Council held on the
20th day of December, 1988, and that it was so adopted by the following vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
BRANNON, EMERY, GOLDSMITH, HIGGINSON, KRUSE
Marjori/e ~. Wahlsten, City Clerk
City of~o~ay