HomeMy WebLinkAbout06 FISCAL YEAR 2022-2023 DEVELOPMENT IMPACT FEE REPORT AB1600DocuSign Envelope ID: 63BOC69D-1BFD-4B3F-8FDF-D6C835E73DF6 6
0 Agenda Item
Reviewed: Ds
AGENDA REPORT City Manager
Finance Director
MEETING DATE: DECEMBER 5, 2023
TO: NICOLE BERNARD, ACTING CITY MANAGER
FROM: JENNIFER KING, FINANCE DIRECTOR/CITY TREASURER
SUBJECT: FISCAL YEAR 2022-2023 DEVELOPMENT IMPACT FEE REPORT (AB 1600)
SUMMARY:
The attached report is prepared to comply with California Government Code Section
66006, which requires an annual disclosure and review of collected development impact
fees and expenditures within 180 days after the last day of the fiscal year.
RECOMMENDATIONS:
1. Receive and file.
CORRELATION TO THE STRATEGIC PLAN:
The reporting and recommendation correlates to the City's strategic plan Goal A, Economic
and Neighborhood Development, by reporting impact fees collected and their respective
uses in the development of infrastructure, parks, and improvements.
DISCUSSION:
California's AB 1600, also known as the Mitigation Fee Act (Government Code section
66000), was established in California on September 19, 1987. AB 1600 requires local
governments to create a developer impact fee program where the developers are charged
fees for building new construction projects. These impact fees are meant to compensate
local governments for infrastructure and public facilities that are necessary to support the
increased demand resulting from new developments, such as roads, schools, parks, and
public safety services.
The purpose of the AB 1600 Developer Impact Fee Annual Report (Government Code
66006) is to address several critical needs:
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Fiscal Year 2022-2023 Development Impact Fee Report (AB 1600) Page 2 of 3
➢ Identify and describe each type of fee: The annual report must specify each
type of development impact fee that was collected during the reporting period. This
includes fees for specific purposes like transportation, parks, public safety, or other
infrastructure needs.
➢ Amount of fees collected: Local governments must report the total amount of
fees collected during the reporting period for each fee category. This information
helps to track the financial resources available for various infrastructure projects.
➢ Beginning and ending balances: The report should include the beginning and
ending balances of each fee category's fund. This helps us to understand how the
collected fees were carried over from previous years and how they were spent
during the reporting period.
➢ Amount of interest earned. The annual report must disclose any interest earned
from the fees collected. This interest should typically be used for the same
purposes as the collected fees.
➢ Amount of fees expended or to be expended. Local governments are required
to detail the expenditures made or to be made from the collected fees. This
includes specifying the projects and activities for which the fees are used, providing
transparency on how the funds are spent.
➢ Inter -fund transfers and loans: The report must describe any impacts fees that
were used for transfers between city funds or for loans, if applicable.
➢ Amount of refunds made. The report must identify the amount of refunds made
pursuant to subdivision (e) of Section 66001 and any allocations pursuant to
subdivision (f) of Section 66001.
Furthermore, the Mitigation Fee Act requires an agency to make the following findings
every five years:
➢ Identify the fee's purpose.
➢ Demonstrate a reasonable relationship between the fee and its purpose.
➢ Identify all sources and amounts of funding anticipated to complete financing in
incomplete improvements in the fee program.
In summary, the AB 1600 Developer Impact Fee Annual Report is essential for promoting
transparency, accountability, informed decision -making, legal compliance, public
participation, and data -driven planning in the collection and utilization of development
impact fees in California. It helps ensure that the funds collected from developers are
used for their intended purposes and benefit the communities affected by new
construction projects.
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Fiscal Year 2022-2023 Development Impact Fee Report (AB 1600) Page 3 of 3
Currently, the City of Tustin collects three (3) types of impact payments: Parks In -Lieu
Fee, MCAS Legacy Backbone Infrastructure Fee, and Voluntary Workforce Housing
Incentive Program In -Lieu Fee. The activities of these programs are captured in dedicated
funds. The attached report includes a narrative on the purpose of the fee, how the fee is
calculated, fund activity & balance, a listing of projects for the fiscal year ended June 30,
2023, and if applicable, a list of projects any unexpended fees will be used for over the
next five -years.
Jennifer King
Finance Director/City Treasurer
Sean Tran
Deputy Finance Director —Admin. Svs.
T;ti 4 6-kJ351 iT
David Faraone Glenda Babbitt
Senior Budget Analyst Management Analyst
Attachments: 1. 2022-2023 Development Impact Fee Report
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I
Remembering what connects us.
Development Impact Fee Report (AB 1600)
Fiscal Year End June 30, 2023
CITY OFFICIALS
NICOLE M. BERNARD, ACTING CITY MANAGER
JUSTINA L. WILLKOM, DIRECTOR OF COMMUNITY DEVELOPMENT
JENNIFER KING, DIRECTOR OF FINANCE/CITY TREASURER
CHRISTOPHER M. KOSTER, DIRECTOR OF ECONOMIC DEVELOPMENT
STUART A. GREENBERG, CHIEF OF POLICE
MICHAEL GRISSO, ACTING DIRECTOR OF PUBLIC WORKS
CHAD W. CLANTON, DIRECTOR OF PARKS AND RECREATION
DERICK L. YASUDA, DIRECTOR OF HUMAN RESOURCES
ERICA N. YASUDA, CITY CLERK
CITY ATTORNEY
DAVID. E KENDIG
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Table of Contents
AB 1600 Legal Requirements
Legal Requirement for Development Impact Fee Reporting................................................................... 2
Development Impact Fees and Funds
ParkIn -Lieu Fee - Fund 131............................................................................................................................... 4
MCAS Legacy Backbone Infrastructure Fee - Fund 187........................................................................... 5
Voluntary Workforce Housing Incentive Program In -Lieu Fee - Fund 577.......................................10
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Legal Requirements for Development Impact Fee Reporting
California's AB 1600, also known as the Mitigation Fee Act (Government Code section 66000), was established
in California on September 19, 1987. AB 1600 requires local governments to create a developer impact fee
program where the developers are charged fees for building new construction projects. These impact fees are
meant to compensate local governments for infrastructure and public facilities such as roads and parks that are
necessary to support the increased demand resulting from new developments. Government Code 66006 requires
that the City make available to the public the following information regarding development impact fees within
180 days after the end of each fiscal year:
➢ Identify and describe each type of fee and amount: The annual report must specify each type of
development impact fee that was collected during the reporting period. This includes fees for specific
purposes like transportation, parks, or other infrastructure needs.
➢ Amount of fees collected: Local governments must report the total amount of fees collected during the
reporting period for each fee category. This information helps to track the financial resources available for
various infrastructure projects.
➢ Beginning and ending balances: The report should include the beginning and ending balances of each
fee category's fund. This helps us to understand how the collected fees were carried over from previous
years and how they were spent during the reporting period.
➢ Amount of interest earned: The annual report must disclose any interest earned from the fees collected.
This interest should typically be used for the same purposes as the collected fees.
➢ Amount of fees expended or to be expended: Local governments are required to detail the expenditures
made or to be made from the collected fees. This includes specifying the projects and activities for which
the fees were used and the expected start date for construction on improvements the fees will fund.
➢ Inter -fund transfers and loans. The report must describe any impacts fees that were used for transfers
between city funds or for loans, if applicable.
➢ Amount of refunds made. The report must identify the amount of refunds made pursuant to subdivision
(e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
Furthermore, the Mitigation Fee Act requires an agency to make the following findings every five years:
➢ Identify the fee's purpose.
➢ Demonstrate a reasonable relationship between the fee and its purpose.
➢ Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements
in the fee program.
In summary, the AB 1600 Developer Impact Fee Annual Report is essential for promoting transparency,
accountability, informed decision -making, legal compliance, public participation, and data -driven planning in
the collection and utilization of development impact fees in California. It helps ensure that the funds collected
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from developers are used for their intended purposes and benefit the communities affected by new
construction projects.
Currently, the City of Tustin collects three (3) types of impact payments: Parks In -Lieu Fee, MCAS Backbone
Infrastructure, and Voluntary Workforce Housing Incentive Program In -Lieu Fees. The activities of these programs
are captured in dedicated funds. The attached report includes a narrative on the purpose of the fee, how the fee
is calculated, fund activity & balance, a listing of projects for the fiscal year ended June 30, 2023, and if applicable,
a list of projects any unexpended fees will be used for over the next five -years.
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History & Description
Tustin is proud of its extensive park system, comprising numerous passive and active parks featuring a variety of
amenities, such as a lemon tree orchard, hilltop gazebos, outdoor fitness equipment, and sand and grass volleyball
courts. Our community is meticulously planned with a focus on fostering recreation spaces that promote
gatherings and engagement, ultimately contributing to the development of strong community connections.
On March 2, 1981, Tustin City Council approved Ordinance No. 841 establishing regulations for dedication of
Land, payment of fees, or both for park and recreation land in subdivisions.
The park in -lieu fee serves as a crucial mechanism for the City to address the growing demand for recreational
spaces and green areas. In rapidly developing environments, allocating Land for parks can become challenging.
This fee allows developers to contribute financially instead, ensuring that the City can fund and create parks,
enhancing the overall quality of Life for residents and promoting a healthier, more sustainable Landscape.
Calculation
The Park In -Lieu Fee is calculated on a per -unit basis for each project, reflecting the fair market value of Land
required for park purposes. The value shall be determined by a Master Appraisal Institute (MAI) appraiser
acceptable to the City and at the expense of the subdivider.
Downtown Commercial Core Specific Plan (DCCSP): The fee shall be based upon the fair market value of the
amount of Land that would otherwise be required for dedication.
Red Hill Avenue Specific Plan (RHASP): Calculate the amount of Land that would otherwise be required for
dedication: (# of Dwellings) x (0.003 Acre/Person) x (2.24 Person/Dwelling Unit) Afterwards multiply the amount
of Land computed required for dedication by $2,500,000/Acre.
Fund Activity
The Park Development Impact Fee program has zero beginning balance and no activity occurred during the fiscal
year 2022-2023.
2022-2023 Projects
No reportable projects or activity during fiscal year 2022-2023.
Interfund Transfer and Loan
There are currently no interfund transfers or Loan made using Park Fees.
Refunds Made Pursuant to Section 66001 Subdivision (ee) or Subdivision (f)
No refunds were made during Fiscal Year 2022-2023.
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History & Description
The Tustin Legacy Backbone Infrastructure Program (TLBIP) is part of a comprehensive financing and construction
program to ensure the completion of needed backbone infrastructure necessary to accommodate development
within the former Marine Corps Air Station (also referred to as the Tustin Legacy Project), which includes
properties within the City of Tustin, the City of Irvine, and all properties within the MCAS Tustin Specific Plan ("
Specific Plan") area.
The purpose of the TLBIP is to facilitate early completion of improvements when needed, provide for a method of
financing the backbone infrastructure network, make provision for development where certain Tustin Legacy
backbone infrastructure is required as a condition of development, and ensure that new development is in balance
with adequately serving backbone infrastructure. The TLBIP is based in part upon the environmental mitigation
measures contained in the Final Joint Environmental Impact Statement/Environmental Impact Report for the
Disposal and Reuse of the Former Marine Corps Air Station Tustin (the Final EIS/EIR, as subsequently amended),
the MCAS Specific Plan and Tustin General Plan, the corresponding Master Development Plan and Design
Guidelines for the Tustin Legacy Project, and approved Concept Plans and entitlements granted for development
within the Tustin Legacy Project, including subsequent amendments thereto.
The TLBIP is periodically adjusted based on updated regulatory requirements, actual costs of construction to
complete backbone elements, and estimated construction cost inflationary increases. The TLBIP identifies certain
required backbone infrastructure improvements needed to serve future development within the Tustin Legacy
Project along with the corresponding source documents, such as, but not limited to, the Final EIS/EIR and Specific
Plan, as may have been amended, which identify the level of development that can be accommodated upon their
completion. Through the TLBIP, the phasing of future development can also be linked to the phasing of the
required backbone infrastructure.
The TLBIP requires all new private development within the Tustin Legacy Project to pay a Fair Share Contribution
of the required Tustin Legacy backbone infrastructure or to design and construct TLBIP improvements, and/or a
combination, as agreed to by the City and the developer. The Fair Share Contributions correlate to actual costs for
improvements which include necessary funding for engineering and construction costs of backbone infrastructure
improvements, the City's administrative and construction management expenses related to such backbone
infrastructure improvements, and any plan checking, inspection, and permitting expenses. The TLBIP does not
include maintenance or operational costs for said backbone infrastructure improvements.
Calculation
Tustin Legacy Backbone Infrastructure Program (TLBIP) Fair Share Contribution Process
Property sales agreements, disposition and development agreements, development agreements, and/ or other
transaction agreements, shall be utilized to implement the TLBIP. The program has distinct separate Fair Share
Contributions for different Disposition Packages and/ or Planning Areas. The Fair Share Contributions for each
development area have been allocated based on the comprehensive methodology identified in the 2017 Taussig
Analysis.
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Developers or landowners would enter into agreements with the City to design and construct, provide cash, or
debt financing for their TLBIP Fair Share Contributions. If the City Council is willing to participate in the issuance
of Community Facilities Districts (CFDs) based on, and in anticipation of, a receipt of bond proceeds, the City may
allow a developer/landowner to defer payment of its Fair Share Contribution, provided that the deferral of the Fair
Share Contribution is secured by a performance bond or letters of credit in a form approved by the City. If TLBIP
improvements are determined to be needed, at the City's sole discretion, the City could request an advance from
the developer before bond proceeds are available or, in the event of the developer's failure to be responsive, the
City could call on the performance bonds or letters of credit.
Developers/ landowners who participate in funding the design and construction of TLBIP improvements will
receive credit toward payment of their Fair Share Contributions to the extent that such improvements are within
the TLBIP, costs are approved by the City, and such cost of improvements are equal to the development site's Fair
Share Contribution. Any credit procedure will be identified in a Reimbursement Agreement upon the City receiving
a performance bond or letters of credit securing the obligation for design and construction.
Credits may be transferred to the subsequent developer/landowner for a particular development area with the
transfer of title to the land. However, transfer of credit between participating developers/landowners, where title
to the land is proposed to be transferred, shall be first approved in writing by the City.
The current TLBIP outlines the estimated cost of constructing an improvement, including labor, materials and
equipment costs; the reasonable cost of designing and preparing the plans, including engineering services which
generally are approximately 10% of construction costs ( there are a few minor exceptions for more complex
improvement items); estimated fees paid to governmental agencies in order to obtain permits, licenses or other
necessary governmental approvals; and reviews and costs for professional services directly related to the
construction, including engineering, legal, accounting, inspection, construction staking, materials, testing and
similar professional services, which costs would not exceed 5% of construction costs; construction management
services, which costs would not exceed 5% of construction costs; and costs of payment, performance or
maintenance bonds and insurance including any title insurance). Each item of authorized costs includes only
amounts actually paid to third parties and does not include overhead or other internal expenses.
Exemptions
All disputes regarding the applicability of whether Fair Share Contributions are required for specific projects or
the exemption of a project from Fair Share Contributions requirements shall be presented to the City of Tustin for
resolution.
The following categories that receive exemptions from payment of property taxes shall also be generally exempt
from making Fair Share Contributions towards the Tustin Legacy Backbone Infrastructure Program: (1) churches;
(2) religious organizations; (3) City or public agency -owned uses not being used for economic return; and (4)
welfare uses. The final determination of whether a property is exempt will be based upon the verification of a
property tax exemption for those specified categories of the latest Assessor's roll as defined for Orange County
by the State of California.
Government -owned facilities and utilities shall be exempt from payment of Fair Share Contributions to the extent
that the facilities shall not be used for generating revenue or commercial purposes. Examples of exempt public
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uses are city halls, parks and park buildings, and other public buildings. Private possessory interests and private
development on public property not owned by the City of Tustin will not be exempt from payment of any required
Fair Share Contributions. Updates to the TLBIP may need to occur incrementally to reflect a redistribution of Fair
Share costs when these circumstances arise.
Fair Share Contributions may also be waived in the case of affordable housing units that are specifically granted
as "density bonuses" under the City of Tustin's Density Bonus Ordinance. Under statewide density bonus
provisions, granting of such density bonuses by the City are exemptfrom any environmental review requirements.
Since these projects are an intensification of the baseline, where no additional environmental review is necessary
on future projects, no additional Fair Share Contribution revenue towards the TLBIP shall be assumed for
additional affordable units approved with density bonuses.
Application of Fair Share Contributions
When Fair Share Contributions are collected prior to the time of a first building permit being issued within a
Disposition Package or planning area, the Fair Share Contribution shall be determined based on the authorized
entitlements of development within an individual Disposition Package or planning area based on the Fair Share
Analysis.
In the event that a developer/landowner intends to request an intensification of the land uses identified in the Fair
Share Analysis for a Disposition Package or Planning Area, the Fair Share Contribution will be recalculated by the
City based on the net increase in building area by land use type being proposed.
Notwithstanding property tax exemptions, government -owned or constructed facilities including but not limited
to counties and cities that will generate revenue or be leased for commercial purposes shall be required to make
a Fair Share Contribution towards the TLBIP. Examples of this include the revenue generating portions of airports,
train stations, sports arenas, convention centers, bus terminals, hotels, or concessions on public lands. In the event
that the construction of these facilities is not currently known, and is an expansion of an existing use, the Fair
Share Contribution shall be determined by the City based on the net increase of building area and type of land
use.
Fair Share Contributions are limited to capital improvements that expand system capacity and shall not be spent
on maintenance, personnel training, or other operating costs.
Rights of Way
Rights -of -Way for the TLBIP are assumed to be dedicated to the City by developers/ landowners in conjunction
with the development where required by the City or may have already been acquired or reserved by the City.
Consequently, the costs for Rights -of -Way have not been included in the TLBIP with the exception of minor
arterial increments that were in the City of Irvine and needed to complete a missing link or intersection
improvement as originally shown in the TLBIP. Rights -of -Way dedications are therefore not creditable towards
Fair Share Contributions.
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Fund Activity
Beginning Balance
Revenue:
Allocated Interest'
Developer Contributions
Miscellaneous Reimbursement
Expenses:
Projects
Ending Fund Balance
' Allocated Interest includes Unrealized Gain/Loss.
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2022-2023
Actual
$16,021,494
2022-2023 Projects and Project Management Costs
Total project management cost is $59,783. Infrastructure project costs include the following:
426,299
6,397
15,569,880
20083 Tustin Legacy Linear Park — 2022-2023 Expended $169,518
Total Project Cost $13,817,185 / MCAS TLBIP Contribution $4,263,550 (30.9%)
Start Date: 2021-2022 / Expected Completion Date: 2024-2025
Design and construction of Tustin Legacy Linear Park from Armstrong Avenue to Warner Avenue in Neighborhood
D South. This project is part of the TLBIP. This project will be designed in conjunction with the Armstrong Avenue
and Warner Avenue pedestrian bridges and Neighborhood D South Phase 2 Improvements to address
overlapping infrastructure elements. Rough grading of the park site will include initial elements of the pedestrian
bridges and will take into account project boundaries and limits associated with the roadway improvements
constructed as part of the Neighborhood D South Phase 2 Improvements project.
20084 Alley Grove Promenade — 2022-2023 Expended $208,098
Total Project Cost $4,103,950 / MCAS TLBIP Contribution $2,179,250 (53.1%)
Start Date: 2021-2022 / Expected Completion Date: 2023-2024
Alley Grove includes the design and construction of a 2-acre pedestrian connection from Armstrong Avenue to
Tustin Ranch Road through Neighborhood D South at Tustin Legacy. This links the Flight office campus to the
District shopping center. In addition, the project includes a sports area at the corner of Armstrong Avenue and
Flight Way.
70257 Armstrong Pedestrian Bridge — 2022-2023 Expended $446,910
Total Project Cost $8,251,455 / MCAS TLBIP Contribution $4,830,000 (58.5%)
Start Date: 2022-2023 / Expected Completion Date: 2024-2025
Design and construction of a pedestrian bridge over Armstrong Avenue. This project is part of the Tustin Legacy
Backbone Infrastructure Program. This project will be designed in conjunction with the Tustin Legacy Linear Park
in Neighborhood D South, the Warner Avenue pedestrian bridge, and Neighborhood D South Phase 2
Improvements to address overlapping infrastructure elements. The pedestrian bridge will be split into two phases.
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The first phase will include rough grading, surcharge, and establishment of the structural mounds. The second
phase will include final improvements associated with the bridge.
Future Activity
70243 Tustin Ranch Road Pedestrian Bridge
Total Project Cost $13,029,211 / MCAS TLBIP Contribution $13,029,211 (100.0%)
Start Date: 2024-2025 / Expected Completion Date: 2027-2028
Design and construction of pedestrian bridge over Tustin Ranch Road. This project is part of the Tustin Legacy
Backbone Infrastructure Program.
Warner Avenue Pedestrian Bridge
Total Project Cost $11,962,000 / MCAS TLBIP Contribution $250,000 (2.0%)
Start Date: 2023-2024 / Expected Completion Date: 2025-2026
Design and construction of a pedestrian bridge over Warner Avenue. This project is part of the Tustin Legacy
Backbone Infrastructure Program. This project will be designed in conjunction with the Tustin Legacy Linear Park
in Neighborhood D South, the Armstrong Avenue pedestrian bridge, and Neighborhood D South Phase 2
Improvements to address overlapping infrastructure elements. The pedestrian bridge will be split into two phases.
The first phase will include rough grading, surcharge, and establishment of the structural mounds. The second
phase will include final improvements associated with the bridge.
Interfund Transfers and Loans
There are currently no interfund transfers or loans made using MCAS Legacy Backbone Infrastructure fees.
Refunds Made Pursuant to Section 66001 Subdivision (ej or Subdivision (f)
No refunds were made during Fiscal Year 2022-2023.
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History & Description
On August 11, 2018, Tustin City Council approved Ordinance 1491 that would add Chapter 9B to the Tustin City
Code entitled "Voluntary Workforce Housing Incentive Program", requiring the provision of affordable housing,
or in some instances, the payment of an in -lieu fee, where developers opt to construct residential uses within any
existing or future -adopted specific plan area through the utilization of Residential Allocation Reservations
(" RARs").
Calculation
The contribution of fees is payable in accordance with Tustin City Code Chapter 9B BB923 (b)(c). Calculations of
the fee are as follows:
1.
2.
Multiply the per unit fee by /z of the
Multiply the per unit fee by /z the
number of base units provided on
residential project's total square
site.
feet of residential area.
Per Unit Fee $14,478
(Unit Fee)
(Unit Fee)
X
X
(Base Units Provided On -site / 2)
(Residential Project's Total Square
Feet of Residential Area / 2)
Fund Activity
Beginning Balance
Revenue:
Allocated Interest'
Inclusionary Housing Fee
Expenses:
Projects
Ending Fund Balance
1 Allocated Interest includes Unrealized Gain/Loss.
2022-2023 Projects
No reportable projects or activity during fiscal year 2022-2023.
2022-2023
Actual
2,034,876
54,708
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Future Activity
Total Project Cost $2,100,000 / Voluntary Workforce Housing Incentive Program In -Lieu Fee Contribution
$2,100,000 (100.0%)
Start Date: 2023-2024 / Expected Completion Date: 2023-2024
On November 7, 2023, the City Council approved a grant agreement between the City of Tustin Housing
Authority and Families Forward in the amount of $2,000,000 for the construction of six to eight affordable
housing units. Council also appropriated an additional $100,000 to cover the administrative costs of the project.
Interfund Transfers and Loans
There are currently no interfund transfers or loans made using the Affordable Housing In -Lieu fees.
Refunds Made Pursuant to Section 66001 Subdivision (ee) or Subdivision (f)
No refunds were made during Fiscal Year 2022-2023.
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