REPORT TO THE CITY COUNCIL December 14, 2017 FROM: SCOTT MOZIER, PE, Director Public Works Department BY: ANDREW J BENELLI, PE, City Engineer/Assistant Director Public Works Department, Traffic and Engineering Division SUBJECT ..Title ***RESOLUTION - 43rd Amendment to the Annual Appropriation Resolution No. 2017-165 to appropriate $80,000 for Supplemental Refunds and Reimbursements to approved Developers in the Urban Growth Management (UGM) and Development Impact Fee Programs (Requires 5 affirmative votes) (Subject to Mayor's veto) ..Body RECOMMENDATION Staff recommends that the City Council adopt the 43rd Amendment to the Annual Appropriation Resolution (AAR) No. 2017-165 to appropriate $80,000 for supplemental refunds and reimbursements to approved developers in the Urban Growth Management (UGM) and Development Impact Fee programs. EXECUTIVE SUMMARY Staff recommends the City Council appropriate $80,000 in UGM and Development Impact Fees toward supplemental reimbursements and refunds to eligible developers. Reimbursements will be made in accordance with the Fresno Municipal Code on first-in, first-out basis to developers who have completed their required construction of necessary infrastructure in excess of their fee obligation. Infrastructure types included in this supplemental developer reimbursement are streets and water main transmission grid. Funds are available in the UGM and Citywide Development Impact Fee programs for these appropriations. BACKGROUND Under the Governmental Accounting Standards Board's (GASB) Rule 34, any funds that are used to construct public infrastructure must be appropriated. UGM and Citywide Development Impact Fee programs revenue, which are used to reimburse developers who construct capital improvements on the City's behalf, are governed by this rule. Development impact fees are charged to new development in the UGM and Citywide Development Impact Fee service areas to fund the construction of the public infrastructure necessary to support growth in those areas. These fees have been deposited in trust accounts and used to either construct improvements or to reimburse developers that have constructed infrastructure under agreements with the City. Infrastructure types included in the mid-year supplemental developer reimbursement are streets, traffic signals, and water main transmission grid. Staff regularly brings forward a mid-year request for supplemental developer reimbursements to account for revenue in particular UGM or impact fee funds that were not anticipated in the annual budget or to provide a reimbursement for a developer in a particular service area where no funds had been appropriated for developer reimbursement. Funds are available in the UGM and citywide impact fee program for these appropriations. Staff recommended adoption of the 43rd Amendment to the Annual Appropriation Resolution No. 2017-165 appropriating supplemental funds for eligible impact fee reimbursements in the UGM and impact fee programs. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act Guidelines Section 15378 this item does not qualify as a project and is therefore exempt from the California Environmental Quality Act requirements. LOCAL PREFERENCE Not applicable because this is not a competitive bid. FISCAL IMPACT Approval of the attached amendment will have no impact to the General Fund. Reimbursements and appropriations are based on the amount of available monies in the UGM and citywide impact fee funds. Attachment: 43rd Amendment to the Annual Appropriation Resolution No. 2017-165