CITY OF POMONA
COUNCIL REPORT
December 16, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Scott, City Manager
Submitted By: Andrew Mowbray, Finance Director/City Treasurer SUBJECT: RECEIVE AND FILE THE CITY OF POMONA ANNUAL AND FIVE YEAR REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED JUNE 30, 2024 RECOMMENDATION:
It is recommended that the City Council receive and file the City of Pomona Annual and Five Year Report on Development Impact Fees for Fiscal Year Ended June 30, 2024.
EXECUTIVE SUMMARY:
To comply with the State of California Government Code Sections 66001 and 66006, otherwise known as AB1600 requirements, as amended by AB516, the Finance Department submits the City of Pomona Annual and Five Year Report on Development Impact Fees for Fiscal Year Ended June 30, 2024, SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT: None with this action.
PUBLIC NOTICING REQUIREMENTS:
Pursuant to State Law the Annual and Five Year Report is to be made available for public review at least 15 days prior to the Council Meeting. On December 2, 2024, this report was filed with the City Clerk’s office, posted to the City’s website, and made available for public review.
PREVIOUS RELATED ACTION:
On March 17, 2021 the City Council adopted Resolution 2021-57, adopting interim Development Impact Fees, and then on August 2, 2021, the City Council adopted Resolution 2021-89, adopting revised Development Impact and Connection fees, which were effective starting October 1, 2021. This report covers fees collected under both the old fee structure in place prior to October 1, 2021, the interim fees structure in place from May 17, 2021 to September 30, 2021 and the new fee structure, effective starting October 1, 2021.
The most recent City of Pomona Annual Report on Development Impact Fees as of June 30, 2023 was received and filed with the City Council on December 18, 2023.
DISCUSSION:
State of California Government Code Sections 66001 and 66006 require local agencies that impose Development Impact Fees to prepare an annual report providing specific information about those fees. When it is determined that any of these funds contain fees that are five years or older, then a Five Year report is also required. It was determined that the Parks and Recreation Improvement Fee fund contains $230,146.00 of funds that are five years old. These funds will be spent during the 2024-25 Fiscal Year on the “Civic Center Plaza – New Playground and Amenities,” CIP Project No. 428-2590-XXXXX-71063. Finance hereby submits the annual and five year report on the Development Impact Fees for the City of Pomona, for fiscal year ended June 30, 2024 (Attachment No. 1).
Development Impact Fees are charged by local agencies to applicants in relation to approval of development projects. The purpose of these fees is to defray all or a portion of the cost of additional or expanded capacity for public facilities as a result of development projects within the City. Government Code §§ 6600-66025 (the “Mitigation Fee Act”), most of which was adopted in 1987 as AB 1600, sets forth the legal requirements for enacting a Development Impact Fee program.
The City of Pomona enacted a Development Impact Fee program by adopting Ordinance No. 3506 on August 14, 1989 via Resolution No. 89-200. As mentioned in the previous related actions, the new fee structure adopted by City Council on August 2, 2021 went into effect on October 1, 2021.
The City Council must review the annual report at a regularly scheduled public meeting not less than fifteen days after the information is made available to the public. On December 2, 2024, this report was filed with the City Clerk’s office, posted to the City’s website, and made available for public review.
The chart below summarizes the fee types, fund balances, current appropriations and the planned use of those appropriations and remaining balances available for future appropriation:
Prepared by:
_____________________________
Beth Senebandith
Principal Accountant
ATTACHMENT(S):
Attachment No. 1 – City of Pomona Annual and Five Year Report on Development Impact Fees for Fiscal Year Ended June 30, 2024 Receive/File Annual and Five Year DIF Report