The URL can be used to link to this page

Home My WebLink About4.03 Dev Imp Fee Annual Rpt CITY CLERK File # r-~--~[~-~-'-~[~-~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 6, 2004 SUBJECT: Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66002, 66006 and 66008 (AB 1600) Report Prepared by: Carole A Perry, Administrative Services Director and Fred W. Marsh, Finance Manager ATTACHMENTS: 1. Annual Report of Developer Impact Fee Funds Deposits 2. Resolution Making Findings Regarding Unexpended Developer Deposits For Public Improvements · RECOMMENDATION: Accept the reports and adopt the Resolution FINANCIAL STATEMENT: All Developer Deposits are anticipated to be utilized for the purpose for which they were originallY collected. DESCRIPTION: A City is authorized under State Law to require development applicants to contribute fees toward off-site improvements, which are needed as a result of the new development. The report in Attachment 1 provides information related to the status of these funds from July 1, 2002 through June 30, 2003. Requirements of Law The law requires the City to review on an annual basis the status of development mitigation fees collected. Staff previously made available to the public a draft copy of this report on December 19, 2003. In the event that any fees remain unexpended for more than five years, the City Council must adopt a Resolution making certain findings. In the event that findings are not made to support the retention of the funds, the unexpended fees must be returned to the current owners of the subject property. Major Components of Report Fund balance reserve accounts have been established for each of the City's Impact Fees and Downtown Traffic Mitigation Contributions. The information presented in the attachments to this report identify the status of developer contributions. The ending impact fee balances shown in this report match the amounts that will be shown on the City Financial Records and reported in the City's Comprehensive Annual Financial Report for Fiscal Year 2002-2003. Section #1 of Attachment 1 contains an outline of the various disclosure requirements relating to impact fees and shows which attachments contain the required information. Section #2 of Attachment 1 identifies those contributions which'have remained unexpended for more than five years, discussed and summarized by project on the following page: GSAb1600 - Impact FeesLFY 02-03LAGENDA.DOC COPIES TO: ITEM NO. Project Name Dougherty Road - North of Amador Valley Boulevard St. Patrick Way - Regional to Golden Gate Dougherty Road Improvements - Houston Place to 1-580 Bike Lane Amador Valley Boulevard StageCoach Road to Dougherty Road Dublin Boulevard Improvements - Sierra Court to Dublin Court Unexpended Developer Deposit Balances as of June 30, 2003 $156,043 $75,578 $67,267 $17,775 $54,156 Scarlett Drive Iron Horse Trail Extension $22,983 Section #3 of Attachment 1 contains a breakdown of the accounts as of June 30, 2003. In Fiscal Year 2002-2003, interest was allocated to the impact fee funds based upon the average month end cash balances in each fund. Section #4 of Attachment 1 was prepared in order to meet the disclosure requirements under section 66006 of the California Government Code. This section of the law requires that the report shows the percentage of the costs of each public improvement that will be funded by impact fees as compared to other funding sources. Proposed Resolution Making Necessary Findings · In order to retain funds longer than five years certain findings must be made by the City Council. Staff has identified the findings necessary as part of the attached Resolution (Attachment 2). Adoption of the Resolution allows the City to continue to retain the fees discussed earlier in the report, in order to fund the projects for which they were collected. Staff would recommend that the City Council accept the attached reports and adopt the attached Resolution (Attachment 2). City of Dublin Annual Report of Developer Impact Fee Funds Deposits For the Year Ended June 30, 2003 ATTACHMENT 1 IMPACT FEE DISCLOSURE REQUIREMENTS Government Code Section Requirement Provide the following: 66006 (b) (A) 1. A brief description of each of the City's impact fees. 66006 (b) (B) 2. The amount charged for the City's impact fees. 66006 (b) (C) 3. The beginning and ending balance for the City's impact fee accounts. 66006 (b) (D) 4. The amount of fees collected and interest earned. 66006 (b) (E) 5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. 66006 (b) (G) 6. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees 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. 66006 (b) (H) 7. The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. o At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance~ A determination that there is a reasonable relationship between the fees' use and the type of development project on which the fee is imposed. 10. A determination that there is a reasonable relationship between the need for the public faciliiy and the type of project on which the fee is imposed. See Disclosure At Section 2, Part A Section 2, Part B Section 3 Section 3 Sections 3 and 4 Section 2, Part C Section 3 Section 2, Part B Section 2, Part B Section 2, Part B G:~bl600 - Impact Fees~FV 02-03\OUTLINE.DOC ATTACHMENT 1, SECTION 1 IMPACT FEE DISCLOSURE REQUIREMENTS Government Code Section Requirement See Disclosure At 66001 (d) (1) 66001 (d) (2) b. 66001 (d) (3) 11. For the fifth year following the first deposit into the account or fund, and every five years thereafter, the City shall make all of the following findings with respect to those portions of the impact fee remaining unexpended, whether committed or uncommitted. a. Identify the purpose to which the fee is to be used for. Co 66001 (d) (4) d. Demonstrate a reasonable relationship between the fee and the purpose for which it is to be charged. 66006 (b) (1) (F) e. Identify all sources and amounts of fimding' anticipated to complete financing in incomplete improvements. Designate the approximate dates on which the funding referred to in item c above is expected to be deposited into the appropriate account or fired. When sufficient funds have been collected, the agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvements will commence. Section 2, Part D and attached Resolution for items a-e below. GSAbl600 - Impact Fees~FY 02-03\OUTLINE. DOC ATTACHMENT 1, SECTION 1 DISCLOSURES RELATING TO THE CITY'S IMPACT FEES A. DESCRIPTION OF THE CITY'S IMPACT FEES The City of Dublin has established the following Impact Fees and Traffic Mitigation Contributions: Eastern Dublin Traffic Impact Fees Downtown Traffic Mitigation Contributions Public Facilities Impact Fees Park Dedication Fees Fire Impact Fees Th Valley Transportation Development Fees Freeway Interchange Fees Noise Mitigation Fees Dublin Contra Costa Traffic Impact Mitigation Fees. These impact fees were established to pay for the design, development and construction of projects for streets, public facilities, parks, fire capital expansion projects and noise mitigation. ' Be AMOUNTS CHARGED BY THE CITY FOR IMPACT FEES AND PUBLIC IMPROVEMENTS FUNDED BY THESE FEES The amounts charged for the impact fees noted above are dependent upon the type and size of a particular development and were based upon related studies, conducted prior to the adoption of the fees. City Council has adopted and imposed the subject fees through the passage of the following resolutions: Impact Fee Eastern Dublin Traffic Impact Fees Resolution / Ordinance Resolution 225-99 Public Facility Impact Fees Resolution 60-99 Amended by Resolution 214-02 Park Dedication Fees Chapter 9.28 Dublin Municipal Code Fire Impact Fees Resolution 37-97 Amended by Resolutions 208-00 and 12-03 Tri Valley Transportation Development Fees Resolution 89-98 Amended by Resolutions 85-99 and 87-03 Pleasanton Interchange Fees Noise Mitigation Fees Resolution' 11-96 Amended by Resolution 155-98 Resolution 33-96 Dublin - Contra Costa Traffic Impact Mitigation Fees. Resolution 74-00 and Contra Costa County Ordinance No. 2000-24 GSAb1600- Impact Fees~FY 02-03\disclosures on impact fees. DOC ATTACHMENT 1 SECTION 2 The studies adopted as part of the resOlutions noted above identify the public improvements that those fees will be used to finance. These studies also show that there is a reasonable relationship a.) between the fees' use and the type of development project on which the fee is imposed and b.) between the need for the public facility and the type of development project on which the fee is imposed. C. INTERFUND LOANS AND TRANSFERS OF IMPACT FEES No interfund loans or transfers of impact fees are outstanding and none were made during Fiscal Year 2002-2003. ANALYSIS OF FEES LEVIED AGAINST DEVELOPMENT PROJECTS IN ACCORDANCE WITH SEC. 66001 OF THE (CGC) AND UNSPENT AFTER 5 YEARS The purpose of the review was to identify monies that had been collected and held for a period of more than five years and to make appropriate disclosures. The City of Dublin has analyzed the balance of monies held in its impact fee funds and has determined that there are six projects involving the use of Downtown Traffic Mitigation Contributions which continue to hold funds for more than five years. The Projects are accounted for in the adopted City of Dublin Five Year Capital Improvement Program 2002 - 2007 revised for Fiscal Year 2003-2004. In accordance with State Law the City Council has previqusly adopted Resolution #230-02 on 12/17/02 declaring the need to continue t° maintain these funds in order to complete the intended projects. Details related to the six projects and fimds held for more than five years are identified below: DOUGHERTY RD NORTH OF AMADOR VALLEY BLVD. TO NORTH OF HOUSTON PLACE 96850 Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: Project Cost As Identified In CIP: $156,043 $4,921,869 Description of Project This project consists of two phases. The first phase widened the travel lanes by removing existing dirt medians on Dougherty Road and replacing them with new pavement. This completed the ultimate pavement improvements for southbound traffic for this segment of Dougherty Road. A second phase of this project will widen Dougherty Road from four to six lanes and will include landscaped medians from Amador Valley Boulevard to north of Houston Place. The first phase of this project allowed the two southbound lanes to move away from the westerly curb, thus improving intersection sight distance and providing an area along the curb for bus stops, emergency parking and on-street bicyclists. The City also overlaid this segment of Dougherty Road, including a portion of Dougherty Road north of Amador Valley Boulevard. Source of Funding Federal ISTEA Grant, Local Measure B monies, State Gas Taxes, State SB 300 Grant, and Downtown Traffic Mitigation Contributions. Approximate Project Completion Dates It is estimated that the project will be completed in Fiscal Year 2006-2007. based upon available fimding could begin at an earlier date. It is possible that phases o ST. PATRICK WAY - REGIONAL STREET TO GOLDEN GATE DRIVE 96870 Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: $75,578 Project Cost As Identified in CIP: $5,015,820 Description of Proiect This project will construct 'a 2-lane roadway between Golden Gate Drive and Regional Street, south of and parallel to Dublin Boulevard. The need for a connector road for three long commercial cul-de-sacs was first identified in the City's original Downtown Study. This need is becoming more apparent as this portion of the Central Business District develops further and the proposed BART parking lot is constructed along Golden Gate Drive. Source of Funding Downtown Traffic Mitigation Contributions, BART mitigation funds, and developer mitigation' improvements Approximate Project Completion Dates It is estimated that the timing of the receipt of all necessary contributions will be beyond Fiscal Year 2006-2007. It is possible that phases based upon available funding could begin at an earlier date. 3. DOUGHERTY ROAD IMPROVEMENTS - HOUSTON PLACE TO 1-580 96852 Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: $67,267 Project Cost As Identified In CIP: $7,225,808 Description of Project This project provides for acquisition of right-of-way and widening of Dougherty Road between 1-580 and Houston Place, and required improvements at the intersection of Dublin Boulevard and Dougherty Road. To accommodate the necessary left-tm, fight-tm and through lanes, the following improvements are proposed: 1) Widen northbound Dougherty Road between 1-580 and Dublin Boulevard. 2) Widen southbound Dougherty Road between the 1-580 westbound onramp and Dublin Boulevard. 3) Widen southbound Dougherty Road between Dublin Boulevard and Sierra Lane. 4) Widen westbound Dublin Boulevard between Dougherty Road and approximately 500 feet east of Dougherty Road. 5) Widen westbound Dublin Boulevard between Dublin Court and Dougherty Road. 6) Widen eastbound Dublin Boulevard between Dublin Court and Dougherty Road. Recent traffic studies have indicated the need to widen Dougherty Road and Dublin Boulevard to improve the level of service at the intersection of the two roadways, which is necessary to accommodate planned gro,wth in the DUblin General plan and the proposed Transit Village at the eastern Dublin BART Station. Source of Funding Downtown Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees Approximate Project Completion Dates It is estimated that the project will be completed in Fiscal Year 2005-2006. based upon available funding could begin at an earlier date. It is possible that phases 4. BIKE LANE - AMADOR VALLEY BOULEVARD STAGECOACH DOUGHERTY ROAD 96070 ROAD TO / Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: Project Cost As Identified In CIP: $17,775 $248,800 Description of Project This project would construct a Class 2 bicycle lane along the north side of Amador Valley Boulevard between Stagecoach Road and Dougherty Road to allow for the exclusive use of bicycles and pedestrians. This Bike Lane Project will connect the Iron Horse Trail, the proposed Alamo Creek Bike Path, and the Dougherty Road Bike Path. Source of Funding Measure B Bike and Pedestrian, Downtown Traffic Mitigation Contributions ApProximate Project Completion Dates It is estimated that the project will be completed in Fiscal Year 2006-2007. based upon available funding could begin at an earlier date. It is possible that phases 5. DUBLIN BOULEVARD IMPROVEMENTS - SIERRA COURT TO DUBLIN COURT 96930 Amount Collected in Fiscal Year 1997 Subject to 5 Year Limitation: $54,156 Project Cost As Identified In CIP: $1,940,253 Description of Project This project will widen and overlay Dublin Boulevard from Sierra Court to Dublin Court. This project will increase the roadway capacity from four to six lanes and add bicycle lanes. This is the third phase of the Dublin Boulevard widening. The widening of this segment of Dublin Boulevard will complete the improvements on Dublin Boulevard from San Ramon Road to Dougherty Road. Recent traffic studies have shown that six lanes of traffic will be needed as Dublin continues to expand to the east. Source of Funding Downtown Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees Approximate Project Completion Dates It is estimated that the project will be completed in Fiscal Year 2005-2006. based upon available funding could begin at an earlier date. It is possible that phases 6. SCARLETT DRIVE IRON HORSE EXTENSION 96840 Amotmt Collected in Previous Fiscal Years Subject to 5 Year Limitation: Project Cost As Identified In CIP: Description of Proiect This project would provide an extension of Scarlett Drive, as well as $22,983 $6,147,328 relocating a portion of the Iron Horse Trail. The roadway element is a connection between Dougherty Road and Dublin Boulevard (parallel to the Southern Pacific Railroad Right-of-Way). The extension of Scarlett Drive, which is included in the Dublin General Plan, will relieve traffic congestion at the Dougherty Road/Dublin Boulevard intersection, especially for BART Station-bound traffic. Source of Funding t~t~- Local Measure B monies, Downtown Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees Approximate Proi ect Completion Dates It is estimated that the project will be completed in Fiscal Year 2006-2007. based upon available funding could begin at an earlier date. It is possible that phases E. REFUNDS No refunds have been made pursuant to Section 66001(e), nor have allocations been made pursuant to section 66001(t'). See Attachment 1, Section 3 for additional details. I'-- 0 UJ [....,. 0 o o o RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .DUBLIN MAKING FINDINGS REGARDING UNEXPENDED DOWNTOWN TRAFFIC MITIGATION CONTRIBUTIONS " FOR FISCAL YEAR 2002-2003 Recital The City has collected contributions for off-site traffic improvements needed as a result of new development, which will not be expended within five years after deposit~ The improvements are described in the 2002-2007 Capital Improvement Program and include the improvements described below: Project Name Dougherty Road - North of Amador Valley Boulevard St. Patrick Way - Regional to Golden Gate Dougherty Road Improvements - Houston Place to 1-580 Bike Lane - Amador Valley Boulevard Stagecoach Road to Dougherty Road Dublin Boulevard Improvements - Sierra Court to Dublin Court Unexpended Developer Deposit Balances as of June 30, 2003 $156,043 $75,578 $67,267 $17,775 $54,156 Scarlett Drive' Iron Horse Trail Extension $22,983 2. The Six projects described in the recital above are referred to as the "Six Traffic Improvements." Findings The Council finds, on the basis of the foregoing Recitals, that: mo The contributions which have been collected for the Six Traffic Improvements will remain unexpended in Fiscal Year 2002-2003; The contributions which have been collected for the Six Traffic Improvements will remain committed for construction of the improvements identified in the adopted Capital Improvement Program; Co The purpose for which the contributions will be used is construction of the Six Traffic Improvements, as described above and in the 2002 - 2007 Capital Improvement Program; Do The contributions were collected to make the Six Traffic Improvements, which improvements will mitigate traffic impacts caused by the new development projects which paid the contributions; and The contributions which have been collected for the Six Traffic Improvements are needed for construction of the Six Traffic Improvements. ATTACHMENT 2 PASSED, APPROVED, AND ADOPTED THIS 6th day of January 2004 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:~bl600 - Impact FeesXFY 02-03Xresolutio?.doc ATTACHMENT 2