Carson Municipal Code Ch. 6 Accounting and Reporting

The Mitigation Fee Act requires the City to account for all interim development impact fees collected. Interim development impact fees shall be deposited into a separate capital facilities account or accounts and shall not be commingled with any other City funds, except for temporary investments. All collected interim development impact fees ("IDIF") shall be distributed into the six (6) IDIF categories in accordance with their respective percentages as they relate to the IDIF amount. See Table A below. Interim development impact fees shall be expended solely for the purpose for which they were collected. While funds are accruing for individual public facilities, the City must track each fund and provide an annual report.

TABLE A INTERIM DEVELOPMENT IMPACT FEE ALLOCATION

(Ord. 19-1931 § 2)

A. Annual Reporting Requirements. Pursuant to Government Code Section 66006, within one hundred eighty (180) days after the last day of the fiscal year (i.e., by December 27th), the City must make the following information available:

1. A brief description of the type of fee in each account or fund;

2. The amount of the fee;

3. The beginning and ending balance of the account or fund;

4. The amount of the fees collected and the interest earned;

5. An identification of each public facility on which fees were expended and the amount of each expenditure, including the total percentage of the cost of the public facility that was funded with fees;

6. An identification of an approximate date by which the construction of the public facility will commence if the City determines that sufficient funds have been collected to complete financing on an incomplete public facility and the public facility remains incomplete;

7. A description of any interfund transfer or loan, and the public facility on which the transferred funds will be expended, and, in the case of an interfund 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. The amount of any refunds made and any allocations of unexpended fees that are not refunded.

B. At the next regularly scheduled City Council meeting occurring within fifteen (15) days after the annual reporting requirements described above are made available to the public, the City Council shall review the annual report.

1. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least fifteen (15) days prior to the meeting, to any interested party who files a written request with the City Council for mailed notice of the meeting. The City Council may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

2. Any written request for mailed notices shall be valid for one (1) year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1st of each year.

C. Five (5) Year Reporting Requirements. Pursuant to Government Code Section 66001, the fifth fiscal year following the first deposit into each public facility account or fund, and every five (5) years thereafter, the City must make the following findings for any portion of the account or fund remaining unexpended:

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 is charged.

3. Identify all sources and amounts of funding anticipated to complete financing of incomplete public facilities.

4. Designate the approximate date on which the funding referred to above is expected to be deposited into the appropriate account or fund.

If the City fails to make these findings, it must refund any undisbursed monies to the owner of record of the project sites originally contributing to the funds, to the extent required by State law.

(Ord. 19-1931 § 2)