REPORT TO THE CITY COUNCIL FROM: SCOTT MOZIER, PE, Director Public Works Department BY: HARMANJIT DHALIWAL, PE, Assistant Director Public Works Department, Special Projects and Capital Management Division YVONNE DIAZ, Administrative Manager Public Works Department, Administration Division SUBJECT ..Title ***RESOLUTION - Adopting the 5th Amendment to the Annual Appropriation Resolution No. 2025-179 to appropriate $644,100.00 for Developer Reimbursements. (Council District 1 and 5) (Requires 5 Votes) (Subject to Mayor's Veto) ..Body RECOMMENDATION Staff recommends that the City Council adopt the 5th Amendment to the Annual Appropriation Resolution No. 2025-179 to appropriate $644,100.00 for Developer Reimbursements for park land dedication. EXECUTIVE SUMMARY Staff recommends the Council adopt a resolution approving the rebudget of funding for develop reimbursements for dedication of park land so that the appropriations in FY 2025 are sufficient to cover anticipated expenditures. The recommended resolution will appropriate $644,100.00 in funding to the current fiscal budget year. BACKGROUND On March 25, 2010, the Council approved the Development Agreement by and between the City of Fresno and Fancher Creek Properties, LLC (Fancher Creek). The Development Agreement required Fancher Creek, to pay the Citywide Park Facility Impact Fee and the Parkland Dedication In-Lieu Fee for park impacts and construction. The development agreement states the Fancher Creek will receive dollar-for-dollar credit for eligible costs, which shall be determined by the Director of Parks and Recreation and Community Services Department. Additionally, on April 24, 2025, the Council approved an Infrastructure Reimbursement agreement between the City of Fresno and Fancher Creek in an amount not to exceed $3,500,000. On June 30, 2022, the Council approved the Development Agreement by and between the City of Fresno and Parc West Development, Inc. (Parc West). The Development Agreement requires Parc West to complete improvements to dedicate the Neighborhood Park and upon the date of dedication of the lands that comprise of the Neighborhood Park, Parc West shall be provided a right of reimbursement from the Relevant Parc West Reimbursement Account (Quimby) equal to $329,088 and payment will not be later than 120 days after park site dedication. The recommended Resolution would amend the appropriations within the identified program to allow for completion of reimbursement this fiscal year. To meet the projected funding requirements, $644,100.00 in funding must be appropriated. The detailed adjustments are in the Amendment to the Annual Appropriation Resolution attached. $329,088.00 of the $644,100.00 appropriation will be reimbursable to Parc West within 120 days after the park site dedication is completed. $314,843.00 of the $644,100.00 appropriation will be reimbursable to Fancher Creek for the park site dedication subject to the Fresno Municipal Code. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a project as defined by the California Environmental Quality Act. LOCAL PREFERENCE Local preference does not apply to the projects included in this report as this is a rebudget item only. FISCAL IMPACT There is no fiscal impact to the General Fund. All proposed costs will be paid for from new and existing revenue sources. See attached Resolution for specific funds and associated costs. Attachment: 5TH Amendment to the Annual Appropriation Resolution No. 2025-179