REPORT TO THE CITY COUNCIL May 2, 2019 FROM: SCOTT L. MOZIER, PE, Director Public Works Department BY: ANDREW J. BENELLI, P.E., City Engineer/Assistant Director Public Works Department, Traffic Operations & Planning Division SUBJECT ..Title ***RESOLUTION - 39th Amendment to the Annual Appropriation Resolution (AAR) No. 2018-157 to appropriate $2,010,000 for Supplemental Refunds and Reimbursements to approved Developers in the Urban Growth Management and Development Impact Fee Programs (Requires 5 affirmative votes) (Subject to Mayor's veto) ..Body RECOMMENDATIONS Staff recommends that the City Council adopt the 39th Amendment to the Annual Appropriation Resolution (AAR) No. 2018-157 to appropriate $2,010,000 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 $2,010,000 in UGM Water Supply Area 501-S funds toward supplemental reimbursements and refunds to eligible developers. Reimbursements will be made in accordance with the Fresno Municipal Code on a 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 from the UGM Water Supply 501-S fund. Funds are available for these reimbursements and have been appropriated. 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 revenues, 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 are used to either construct improvements or reimburse developers that construct infrastructure under agreements with the City. Infrastructure types included in the mid-year supplemental developer reimbursement are from the UGM Water Supply 501-S fund. 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. Staff recommends adoption of the 39th Amendment to the Annual Appropriation Resolution No. 2018-157 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. LOCAL PREFERENCE Local preference was not implemented because this item does not include an award of a contract. FISCAL IMPACT Approval of the attached amendment will not impact the General Fund. Reimbursements and appropriations are based on the amount of available monies in the UGM Water Supply Area 501-S fund. Attachment: 39th Amendment to the Annual Appropriation Resolution No. 2018-157