HomeMy WebLinkAboutb1ab1600annualreport
FROM: Wayne Padilla, Director of Finance and Information Technology
SUBJECT: Review of the 2012-13 Fiscal Year Annual Report on Development Impact Fees and
Consideration of a Resolution Accepting the Report and Making Certain Findings
Related to Impact Fee Balances
RECOMMENDATION:
1. Review the 2012-13 Fiscal Year Report on Development Impact Fees
2. Adopt the Resolution Accepting the Report and Making Certain Findings Related to Impact Fee
Balances and In-Lieu Fees
DISCUSSION:
Government Code Section 66000 et al (AB 1600) requires public agencies to review on an annual
basis the status of collected development impact fees. Staff has prepared this report in compliance
with the requirements of AB 1600 and the required disclosures include the worksheets that follow.
These worksheets identify the amount of each fee collected, the disbursements made from each fee
type and the amount of interest apportioned to each fee balance during the 2012-13 fiscal year.
Also, a worksheet has been prepared that reflects, for each fee type, the aging of the balance held by
the City. This report has been available for public inspection 15 days prior to tonight’s meeting in
the Finance Department. Notice was posted on the City Clerk’s bulletin board in front of City Hall.
The schedules referred to above provide a breakdown of the individual fee balances on hand as of
June 30, 2013 based on unaudited information. The statutes specify that this report shall include the
following information:
1. The amount of developer fees disbursed on each project for the year just ended.
2. The amount of developer fees collected for the year just ended.
3. The amount of interest earned by the developer fees for the year just ended.
4. Any other income received that is related to the projects, if applicable.
5. The beginning and ending fund balance for each development fee account.
6. The total cost of projects undertaken during the last year and the percentage of the project
cost paid out of developer fees.
7. The identification of an approximate date by which the construction of the public
improvement will commence if the local agency determines that sufficient funds have been
collected to complete financing on an incomplete public improvement and the public
improvement remains incomplete.
8. The amount and purpose of all interfund transfers during the last year.
9. The following is a brief description of the purpose of the fee and the nature of projects
funded in the current year.
Transportation Impact Fee
This impact fee was established for the expansion of transportation facilities within the City. There
were eleven active projects funded by this fee during the most recent fiscal year. The largest of
Meeting Date
Item Number Dec. 10, 2013
B1 - 1
AB 1600 Annual Report Page 2
those projects include the Los Osos Valley Road/US101 Interchange and Mid-Higuera
Improvement Project. There were no fully funded projects that were incomplete as of June 30,
2013. At June 30, 2013 the account held $2,933,565 and $402,061 of that total is more than 5 years
old. In approving and accepting this year’s report, the City Council should make a finding that the
funds held for at least five years are being held to complete certain projects identified by the related
impact fee study. Funds held for at least five years are to be retained to complete projects listed
above and to fund additional projects such as the Railroad Bike Safety Trail improvement project.
Airport Area Impact Fee
This impact fee was established for the expansion of transportation facilities in and around the
airport area. The only project funded during the fiscal year from these fees was the Tank Farm /
Broad Street intersection. There were no other fully funded projects that were incomplete as June
30, 2013. At June 30, 2013 the account held $707,808 of which $572,939 has been held for at least
five years. In approving and accepting this year’s report, the City Council should make a finding
that the funds held for at least five years are being held to complete certain projects identified by the
related impact fee study. Funds held for at least five years are to be retained to complete projects
listed above and to fund additional projects such as the Santa Fe Road and Unocal
Collector/Buckley Road extensions.
Los Osos Valley Road Impact Fee
This impact fee was established for the expansion of capacity for Los Osos Valley Road. During
the recent fiscal year, the city recorded a liability for the reimbursement owed to a developer for a
previous expense. There were no fully funded projects that were incomplete as of June 30, 2013.
At June 30, 2013 the account held $147,616, none of which is over five years old.
Water Impact Fees
This fee was established for the expansion and improvement of facilities used for water supply,
water treatment and water distribution. There were no other fully funded projects that were
incomplete as of June 30, 2013. At June 30, 2013 the account held $2,301,456, none of which is
over five years old.
Sewer Impact Fee
This impact fee was established for the expansion and improvement of facilities used for sewer
collection and sewer treatment. There were no other fully funded projects that were incomplete as
of June 30, 2013. At June 30, 2013 the account was in deficit in the amount of $1,891,931, none of
which is over five years old.
Other Fees Presented
Parkland Impact Fee
This fee was established under the Quimby Act and as such is not an Impact Fee. The fee is charged
against residential development for the expansion of parkland, park facilities and other recreational
structures and is presented here for information purposes only. The only outflow of funding from
this fee for the most recent fiscal year was for the Skate Park design work. There were no fully
funded projects that were incomplete as of June 20, 2013. At June 30, 2013 the account held
B1 - 2
AB 1600 Annual Report Page 3
$1,236,786 and of this amount $651,534 has been held for more than 5 years. There is no limit to
the time the City can retain these fees; however, we report it here as an information item.
Open Space In-Lieu Fees
This fee was established for the acquisition and expansion of open space for the City and is not an
Impact Fee as defined by AB 1600. The only expenditure for the fiscal year in this account was for
the Froom Ranch Improvement. There were no other fully funded projects that were incomplete as
of June 30, 2013. At June 30, 2013 the account held $195,026 and of this amount, $11,997 has
been held for more than 5 years. There is no limit to the time the City can retain these fees;
however, we report it here as an information item.
Affordable Housing Inclusionary Impact Fees
This impact fee was established for funding affordable housing inclusionary programs in the City
and is also not an impact fee as defined by AB 1600. The only expenditure for the fiscal year in this
account was a contribution to the SLO County Housing Trust Fund which was recently authorized
by the City Council. There were no other fully funded projects that were incomplete as of June 30,
2013. At June 30, 2013 the account held $1,928,669. There is no limit to the time the City can
retain these fees; however, we report it here as an information item.
CONCURRENCES
The Public Works and Utilities Departments concur with the recommendations contained within
this report.
FISCAL IMPACT
This report recommends making the findings called for in the resolution in order to allow the impact
fees that are 5 years old to be retained by the City to fund identified projects. In the event that these
findings are not made, the monies that are 5 years old must be returned to the developers that paid
the fees. The in-lieu fees which have balances that have been held for at least 5 years are not
subject to the same finding requirement to allow their retention, but staff has included a finding in
the resolution affirming the need for retention of these monies.
ALTERNATIVES
Council could choose not to make the findings called for in this report. This is not recommended
since it means that impact fees that were collected for future projects must be refunded to the
developers who paid them and the City will lack the funds necessary to complete the planned
projects.
ATTACHMENTS
1. Resolution
2. Fee Analysis Schedules
3. Fee schedules
B1 - 3
Attachment 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA ACCEPTING THE 2012-13
ANNUAL REPORT ON DEVELOPMENT IMPACT FEES AND
MAKING CERTAIN FINDINGS RELATED THERETO
WHEREAS, California Government Code 66006 requires an annual public review of all
impact fee accounts maintained by a public agency such as the City of San Luis Obispo
within 180 days of the fiscal year end; and
WHEREAS, California Government Code 66001 requires the governing body to make
certain findings related to impact fee balances on hand longer than five years; and
WHEREAS, staff has prepared the 2012-13 Annual Report on Development Impact Fees
in compliance with the Government Code and which is incorporated by reference herein
and which has been available for public inspection at least 15 days prior to this regularly
scheduled meeting; and
WHEREAS, the Airport Area Impact Fee and Transportation Impact Fee Funds each
have a portion of their balance that has been on deposit for five years or more; and
WHEREAS, The Parkland In-Lieu Fee and Open Space In-Lieu Fee Funds each have a
portion of their balance that has been on deposit for five years or more and while not
subject to the time limit for retention of those monies imposed by AB 1600, the City
Council desires to affirm the need to retain these monies for use in funding the future
capital improvements for which these monies were collected; and
WHEREAS, additional funds need to be accumulated in such fee accounts before such
funds are sufficient to construct the facilities for which the fees were collected.
NOW, THEREFORE, the City Council of the City of San Luis Obispo hereby finds
orders and resolves as follows:
1. All of the above recitals are true and correct.
2. The 2012-13 Annual Report on Development Impact Fees is accepted.
3. A copy of the approved resolution shall be forwarded to the Director of Finance
for use in overseeing these monies.
4. The balances in the Airport Area Impact Fee, Transportation Impact Fee, Open
Space In-Lieu and Parkland In-lieu Fee Funds are necessary for the completion of
those projects that are identified in the Fee Studies for which they were collected,
B1 - 4
Attachment 1
in accordance with Sections 66001 and 66006 of the California Government Code
and other applicable regulations.
* * * * * *
Upon motion of _______________________, seconded by _______________________, and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 10th day of December, 2013.
____________________________________
Mayor Jan Howell-Marx
ATTEST:
____________________________________
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
B1 - 5
At
t
a
c
h
m
e
n
t
2
1
B1
-
6
At
t
a
c
h
m
e
n
t
2
2
B1
-
7
At
t
a
c
h
m
e
n
t
2
3
B1
-
8
At
t
a
c
h
m
e
n
t
2
4
B1
-
9
At
t
a
c
h
m
e
n
t
2
5
B1
-
10
At
t
a
c
h
m
e
n
t
2
6
B1
-
11
At
t
a
c
h
m
e
n
t
2
7
B1
-
12
At
t
a
c
h
m
e
n
t
2
8
B1
-
13
At
t
a
c
h
m
e
n
t
2
9
B1
-
14
At
t
a
c
h
m
e
n
t
2
10
B1
-
15
At
t
a
c
h
m
e
n
t
2
11
B1
-
16
At
t
a
c
h
m
e
n
t
2
12
B1
-
17
At
t
a
c
h
m
e
n
t
2
13
B1
-
18
At
t
a
c
h
m
e
n
t
2
14
B1
-
19
At
t
a
c
h
m
e
n
t
2
15
B1
-
20
At
t
a
c
h
m
e
n
t
2
16
B1
-
21
At
t
a
c
h
m
e
n
t
2
17
B1
-
22
At
t
a
c
h
m
e
n
t
2
18
B1
-
23
At
t
a
c
h
m
e
n
t
2
19
B1
-
24
The following schedule represents the per unit charge for the fees
shown
Attachment 3
1B1 - 25
Attachment 3
2
B1 - 26
Attachment 3
3
B1 - 27
Attachment 3
4
B1 - 28