R113881
City Council Meeting: December 7, 2021 Santa Monica, California
RESOLUTION NUMBER 11388 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADOPTING FIVE-YEAR FINDINGS AS TO THE CHILD CARE
LINKAGE FEE AND WATER DEMAND MITIGATION FEE
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq.,
authorizes the City of Santa Monica (“City”) to impose, collect, and expend mitigation fees
to offset the impacts of development within the City; and
WHEREAS, Section 66001(d) of the Mitigation Fee Act requires the City Council
to adopt a resolution making certain findings as to any portion of development fees
collected over five years ago, and each fifth fiscal year thereafter, whether such
unexpended fees have been committed or uncommitted; and
WHEREAS, Chapter 9.65 of the Santa Monica Municipal Code established a Child
Care Linkage Fee to address the increased demand for child care triggered by certain
commercial projects or multi-family residential projects; and
WHEREAS, on March 19, 1991, the City adopted Resolution 8196 (CCS) which
established the rate for a one-time fee to mitigate the total daily water consumption rate
projected for new development (“Water Demand Mitigation Fee”); and
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WHEREAS, the City has expended the CCLF funds collected more than five years
ago to fund the construction of the Santa Monica Early Childhood Lab School; and
WHEREAS, the only remaining CCLF funds were collected in the most recent
fiscal year and not subject to the five-year reporting requirement under the Mitigation Fee
Act; and
WHEREAS, portions of the Water Demand Mitigation Fee funds were collected
over five years ago, or otherwise subject to the five-year reporting requirement under the
Mitigation Fee Act (collectively, the “Unexpended Fees”); and
WHEREAS, the Mitigation Fee Act requires the City Council to issue findings that
identify the purposes of which the Unexpended Fees are to be used, demonstrate a
reasonable relationship between the Unexpended Fees and the purposes for which they
are charged, and identify the sources and amounts of funding anticipated to complete
each project for which the Unexpended Fees are collected and provide approximate dates
on when such funding is expected to be deposited; and
WHEREAS, the City has complied with all notice obligations under Government
Code Section 66006, including publicly posting a Mitigation Fee Act Report on November
16, 2021 at City Hall and on the City’s website; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. The City Council has considered the accompanying staff report and
five-year reports for the CCLF and the Water Demand Mitigation Fee attached as Exhibit
A to the staff report.
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SECTION 2.The CCLF funds subject to the five-year reporting requirement have
been utilized to fund the construction of the Santa Monica Early Childhood Lab School as
described in the five-year report (Attachment A). There is a reasonable relationship
between using the CCLF funds to support the Santa Monica Early Childhood Lab School
and the need to address the increased demand for child care relating to new
development.
SECTION 3. The Unexpended Fees relating to the Water Demand Mitigation Fee
will be used to fund the Non-Potable Water Main Expansion Project, Sustainable Water
Infrastructure Project, and the Citywide Municipal Drinking Water Project as further
described in Attachment A. There is a reasonable relationship between using the Water
Demand Mitigation Fee to fund these projects and the stated goal to reduce water
consumption.
SECTION 4. The five-year reports for the CCLF and the Water Demand Mitigation
Fee identify the sources and amounts of prior funding, or anticipated funding, to complete
each project for which the fee is collected. The five-year reports also provide approximate
dates on when such funding has been deposited as adopted in prior meeting s, or when
such funding is expected to be deposited in connection with future City Council actions.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_________________________
JOSPEH P. LAWRENCE
Interim City Attorney
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Adopted and approved this 7th day of December 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11388 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 7th day of December 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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