MEETING DATE:
JANUARY 27, 2015
SUBJECT:
Title
RESOLUTION NO. 2015-8028 - PUBLIC FACILITIES FEES - ANNUAL REPORT UNDER GOVERNMENT CODE SECTIONS 66001 AND 66006
Body
Recommendation
Recommendation
ADOPT a resolution which makes the findings related to the collection and expenditure of public facilities fees as required by the applicable Government Code section in accordance with the information contained in this staff report and Exhibit "A".
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme (If not applicable, please state not applicable below)
Good Governance
Relevant Department Goal
Not applicable
Introduction
As outlined in Sections 66001 and 66006 of the Government Code, the following information is provided in connection with the collection and expenditure of Public Facilities Fees collected during Fiscal Year 2013-14. The fees and the purpose for which they are collected are outlined in City Ordinance 2003-1203, which implemented the City's Public Facilities Financing Plan, as amended by Resolution 2003-6217 ("Ordinance/PFF Plan"), and further amended by Resolution 2008-7007.
Discussion
The information which is required by the Government Code includes a description of the fee, the amount of the fee, the beginning and ending balance of the fund, the amount of the fees collected and the interest earned, an identification and amount of each public improvement on which fees were expended, the total percentage of the project funded by that fee, the approximate date by which the construction of the public improvement will commence, a description of each interfund transfer or loan including the project to be funded with the loan and the approximate date of repayment, and any refunds made to developers pursuant to the Code.
The attached Exhibit "A" provides the information required by the Government Code for the seven categories of public facilities fees which fall under this disclosure requirement. No refunds have been made nor are any required or anticipated. Additional information on these funds and all other capital funds is available in the annual Capital Improvement Program budget adopted by the City Council in June 2014 and in the Comprehensive Annual Financial Report which will be available in January 2015. City Council may recall discussions back during the most recent budget meetings in regards to the status of the negative fund balance in the Parks/Trails category. Decisions were made in prior years to fund projects related to parks/trails which at the time were City priorities and did not impact the funding of other public facilities projects in the other categories. At this time, it is not anticipated that any public facilities fees will be used for Parks/Trails until that sub-fund has reached a positive cash flow.
In addition to the required reporting under Code Section 66006, California Government Code Section 66001 requires local agencies to make the following findings every five years with respect to that portion of the funds remaining unexpended, whether committed or uncommitted for the seven categories of public facilities fees in the fund:
Ø Identification of the purpose to which the fee is to be put.
Ø Demonstration of a reasonable relationship between the fee and the purpose for which it is charged.
Ø Identification of all sources and amounts of funding anticipated to complete financing on incomplete improvements.
Ø The approximate dates on which the funding referred to above are expected to be deposited into the appropriate account or fund.
The information to make the findings for the four requirements identified above can be found in the Fiscal Year 2014-15 Capital Improvement Program budget, on file with the City Clerk. When findings are required by this subdivision, they need to be made in connection with the public information required by Code Section 66006. The attached resolution makes these findings in accordance with Code Section 66001. Since these findings have been made and the City is in compliance with the Code, no refunds are required.
Fiscal Impact
The City Council's adoption of Resolution 2015-XXXX has no fiscal impacts. The adoption of the resolution allows the City to continue programming Public Facilities Fees that are more than five years old. Without this resolution, the City would need to refund those fees collected more than five years ago and would have significant negative impacts on the City's ability to deliver high priority capital improvements.
Attachment(s)
Resolution
Exhibit A
Prepared by: Stacey Tang, Accounting Manager
Reviewed by: Laura Rocha, Finance Director
Approved by: Jack Griffin, City Manager