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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 e 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