Agenda Report
Fullerton City Council
MEETING DATE: DECEMBER 19, 2023
TO: CITY COUNCIL / SUCCESSOR AGENCY
SUBMITTED BY: ERIC J. Levitt, City Manager
PREPARED BY: stephen bise, director of public works
edgar rosales, senior administrative analyst
karen chung, AdMINISTRATIVE analyst
SUBJECT: FISCAL YEAR 2022-23 DEVELOPER IMPACT fee annual compliance report
SUMMARY
California Government Code Section 66006 (Mitigation Fee Act) requires an annual disclosure report on impact fees collected and expended. The City posted the Fiscal Year 2022-23 Park Dwelling fees report and Traffic Mitigation fees report on the City website on December 4, 2023.
RECOMMENDATION
Review and file the “Parkland Acquisition and Park Facilities Development Impact Fee (Park Dwelling Fee) Annual Report Fiscal Year 2022-23” and “Public Works Traffic Impact Mitigation Fees Annual Report Fiscal Year 2022-23” compliance reports.
CITY MANAGER REMARKS
The City Manager concurs with recommendation. This is an annual report required by State Law.
PRIORITY POLICY STATEMENT
This item matches the following Priority Policy Statements:
Fiscal and Organizational Stability
Infrastructure and City Assets.
FISCAL IMPACT
No fiscal impact from the recommended action.
DISCUSSION
California Government Code 66006 (Mitigation Fee Act) authorizes local agencies to impose fees on specific public improvements to defray the cost of new or additional public facilities to serve those improvement projects. Local Agencies must prepare an annual report within 180 days of the close of the previous fiscal year regarding all the use of all City development impact fees to ensure proper and timely expenditures of the fees for the intended purpose. The annual disclosure report must describe the fee, the amount of fees collected, interest earned and any expenditures from those funds.
The Code also specifies that City Council shall review reports at a regularly scheduled meeting within 15 days of release of the reports to the public. The City released the Parkland Acquisition and Park Facilities Development Impact Fee (Park Dwelling Fee) Annual Report Fiscal Year 2022-23 and the Public Works Traffic Impact Mitigation Fees Annual Report Fiscal Year 2022-23 for public review on December 4, 2023 (attached).
The following describes the specific elements included in the reports:
A brief description of the type of fee in the fund account.
The amount of the fee.
The beginning and ending balance.
The amount of fees collected and interest earned.
Identification of each public improvement on which the agency expended fees.
Identification of the approximate date by which the construction of public improvements will commence.
A description of each inter-fund transfer loan made from the fund balance.
The amount of refunds made pursuant to any protests.
The attached reports comply with the above requirements. Staff recommends that City Council receive and file the attached reports.
Attachments:
Attachment 1 – Park Dwelling Fee Annual Report Fiscal Year 2022-23 Attachment 2 – Traffic Impact Mitigation Fees Annual Report Fiscal Year 2022-23 Developer Impact Fee Annual Compliance Report
December 19, 2023 - Page 2