Title
Adopt a Resolution to:
a. Approve a report on the status of development traffic impact fees for fiscal year ending June 30, 2016; and
b. Adopt findings for retaining uncommitted funds in accordance with Government Code Section 66000 et. seq.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a Resolution to:
a. Approve a report on the status of development traffic impact fees for fiscal year ending June 30, 2016; and
b. Adopt findings for retaining uncommitted funds in accordance with Government Code Section 66000 et. seq.
SUMMARY DISCUSSION:
Government Code Section 66000 et.seq. (AB1600) delineates certain accounting and reporting requirements with respect to development impact fees collected by the County. The fees, for accounting purposes, must be segregated from the general funds of the County and from other funds or accounts containing fees collected for other improvements. Interest on each development fee fund must be credited to that fund or account and used only for the purposes for which the fees were collected. The agency that collected the fees must make available to the public the following information regarding each fund or account:
1. Brief description of the type of fee in the fund;
2. Amount of the fee;
3. Beginning and ending balance for the fiscal year;
4. Amount of fees collected and interest earned;
5. Identification of each public improvement on which fees were expended and the amount of the expenditure on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;
6. Identification of an approximate date by which the construction of a public improvement will commence, if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement fund;
7. Description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the loaned funds will be expended, and in the case of an inter-fund loan, the date on which the loan will be repaid and the rate of interest that the account or fund will receive on the loan; and
8. Amount of any refunds made due to inability to expend fees within the required time frame.
For projects for which fees have been collected for more than five (5) years, the law also prescribes findings that the local agency must make with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. The findings, as stated in the Resolution, (Attachment A) must:
1. Identify the purpose to which the fee is to be put;
2. Demonstrate a reasonable relationship between the fee and the purpose for which it was originally charged;
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and
4. Designate the approximate dates on which the anticipated funding is expected to be deposited into the fund.
Exhibits 1 and 2 to the resolution are the reports for County wide fees and Ad Hoc fees collected by the County. In Exhibit 2 of the resolution, findings have been made that several project projects have been completed and the remaining funds should be returned. Specifically there are 6 projects with amounts ranging from approximately $2,500 to $70,000 shown in Table 3 to be refunded. The total amount to be refunded is approximately $104,000 of the approximatley $2.6 Million balance at the end of FY2015-16.
Staff has provided findings to retain about $240,000 from the Highway 101/Prunedale Improvement Project (PIP). See note #3 following the matrix in the report attached to the resolution (Attachment A).
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has reviewed the proposed resolution as to form and legality.
FINANCING:
The Resource Management Agency has collected pro-rata fair share development fees under Government Code Section 66000 et. seq. Exhibit 1 summarizes the traffic impact fees received for county wide fee plans and Exhibit 2 summarizes the Ad Hoc traffic impact fees by project location for the Fiscal Year ending June 30, 2016. For the county wide fee plans, the fund balance is approximately $2.2 Million that may be used on projects identified in the Carmel Valley Traffic Improvements Program (10 eligible projects). For the Ad Hoc fees, the fund balance is approximatly $2.6 Million for 34 locations.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
This report is required by State law and submitting this report assures the County has complied with State law. These fees are collected to address fair share costs associated with impacts to infrastructure resulting from development. The fees collected are designated to be used for improvements identified by traffic studies conducted in conjunction with development projects or by regional studies establish the basis for a fee plan.
Check the related Board of Supervisors Strategic Initiatives:
Economic Development
X Administration
Health & Human Services
X Infrastructure
Public Safety
Prepared by: Mohammad Qureshi, Traffic Engineer, Traffic (831) 796-3009
Approved by: Carl P. Holm, AICP, RMA Director
Attachment A - Resolution:
Exhibit 1 - County Transportation Development Mitigation Plans Annual Report and Five-Year Findings
Exhibit 2 - Ad Hoc Transportation Development Impact Fees Annual Report and Five Year Findings (Attachments on file with the Clerk of the Board)
cc: Building Industry Association of the Bay Area (Lisa Vorderbrueggen)