MEETING DATE:
NOVEMBER 26, 2024
SUBJECT:
Title
RESOLUTION NO. 2024-9381 - ADOPTING THE FY 2023-24 PUBLIC FACILITIES FEES ANNUAL REPORT FINDINGS
Body
Recommendation
Recommendation
ADOPT the FY2023-24 public facilities fees annual report findings resolution, as required by the applicable California Government Code.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Relevant Department Goal
Not applicable
Executive Summary
California Government Code Section 66006 requires the reporting of the collection and expenditure of the Public Facilities Fees collected during Fiscal Year 2023-24. In addition, California Government Code Section 66001 requires the City to make the findings every five years with respect to the portion of funds remaining unexpended, whether committed or uncommitted. The adoption of the submitted resolution allows the City to continue programming Public Facilities Fees that are more than five years old.
Discussion
Public Facilities 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.
California Government Code Section 66006 requires the City to provide the following information in connection with the collection and expenditure of Public Facilities Fees collected during a Fiscal Year:
• A brief description of the type of fee in the fund;
• The amount of the fee;
• The beginning and ending balance of the fund;
• The amount of the fees collected and the interest earned or expensed;
• An identification and amount of each public improvement on which fees were expended, including 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, the approximate date of repayment, and the rate of interest; and
• Any refunds made to developers pursuant to California Government Code Section 66001(e).
The attached Exhibits “A” Public Facilities Fees Report and Exhibit “B” Public Facilities Fees Improvements Expenditure Activity for Fiscal Year provides the information required by the Government Code Section 66006 for the seven categories of public facilities fees which fall under this reporting requirement. No refunds have been made, required or anticipated. Additional information on the allocation of these funds is available in the adopted Fiscal Year 2023-24 Capital Improvement Program budget and in the Comprehensive Annual Financial Report, on file with the City Clerk and on the City’s website. Facilities to be funded with public facility funds are identified in the Public Facilities Financing Plan 2003 Update (Exhibit “C”).
In addition to the required reporting under California Government Code Section 66006, Code Section 66001(d)(1) requires local agencies to make the following findings every five years with respect to the portion of funds remaining unexpended, whether committed or uncommitted, for the seven categories of public facilities fees in the fund:
• Identify the purpose to which the fee is to be put;
• Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
• Identify all sources and amounts of funding anticipated to complete financing on incomplete improvements; and
• Designate the approximate dates on which the funding referenced above is expected to be deposited into the appropriate account or fund.
Information serving as the basis of findings for the four requirements identified above is located in the Fiscal Year 2024-2025 Capital Improvement Program budget, on file with the City Clerk and available on the City’s website. Findings required by California Government Code Section 66001 must be made in connection with the public information required by California Government Code Section 66006. The attached resolution makes these findings in accordance with California Government Code Section 66001. Compliance with the findings and adoption of the submitted resolution allows the City to continue programming Public Facilities Fees.
Fiscal Impact
There is no direct fiscal impact associated to the adoption of this resolution.
However, if the submitted resolution is not adopted, the City would need to refund the Public Facilities Fees collected more than five years ago. This would have significant negative impacts on the City’s ability to deliver high priority capital improvements.
Attachment(s)
Resolution 2024-9381
Exhibit “A” Public Facilities Fees Report
Exhibit “B” Public Facilities Fees Improvements Expenditure Activity for Fiscal Year
Exhibit “C” Public Facilities Financing Plan 2003 Update
Prepared by: Janet Brotherton, Sr. Management Analyst
Submitted by: Janet Brotherton, Sr. Management Analyst
Reviewed by: Donna Apar, Finance Director
Approved by: Michelle Bender, City Manager