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Home My WebLink AboutItem 4.02 DeveloperRptCapImprovFundDep .. ~:. ...... '- ..,-~;~.. .0 .' .-~~: 0'- .0 ~.. CITY CLERK File # fOlf3lrol~-I..il~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 15, 1996 SUBJECT: Annual Report of Developer Capital Improvement Fund Deposits: Pursuant to Government Code Section 66001 (AB 1600) ~Report Prepared by: Paul S. Rankin, Assistant City Manager EXlUBITS ATTACHED: 1. 2. 3. Capital Impact Fee Report Historical Analysis of When Fees Were Collected Resolution Making Findings Regarding Unexpended Developer Deposits For Public Improvements RECOMMENDATION: V Accept the report and adopt the ResolutiOn. FINANCIAL STATEMENT: All Developer Deposits are anticipated to be utilized for the purpose under 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 fee is charged based only upon a pro-rata share of the cost of the new improvement This report provides information related to the status of these funds during Fiscal Year 1995/96. The law requires the City to review on an annual basis the status of Development Mitigation fees collected. Staffhas previously made available to the public a Draft copy of this report on October 1, 1996. In the event that any fees remain unexpenqed for more than five years, the City Council must adopt a Resolution making certain findings. In the event that the findings are not made to support the ' retention of the funds, the unexpended fees must be returned to the current owner(s) of the subject property. The City of Dublin tracks Developer Contributions in Fund 300 (Capital Projects Fund). A liability account is established for each of the identified capital improvement projects. The contributions towards any single project may come from more than one Developer. It is also impQrtant to note that the expenditures for the improvement project may involve contributions from other Funds. For example, the nearly complete Dublin Boulevard Widening Improvements were not totally funded by Developer Contributions. The project also had contributions from the General Fund, Grant Funds, and Special Revenue Funds (Le. Measure B Transportation Funds). The Developer contributions only accounted for approximately 32% of the :final total project cost ip~urred through June 30, 1996. If the contributions --------------------------------------------------------~---------- COP~S TO: ITEM NO. ~J HI(:c~formslald.stmt.doc recorded on this project excluded the BART Mitigation fees collected as a result of a Settlement .., .. Agreement, the percentage of contributions from "Developer Mitigation Fees" wO\lld be substantiall)' less ,..0 for this project. The information presented in the attachments to this report identify the status of Developer ContribUtio.::-.. as well as other funds accounted for in Fund 300 (Capital Improvement Fund). For example, as describ . -.:~/ above Settlement Funds received from BART are accounted for in this fund. Technically, these monies . . are not subject to the same requirements as AB 1600. Staffhas also accounted for the Affordable Housing fees in this f\,md. The amount related to this activity is shown at the bottom of Attachment 1 for informational purposes only. This allows the Grand Total shown in this report to match the amount shown on the City Financial Records for the CIP Fund (Fund 300). The City does publish a Comprehensive Annual Financial Report (CAFR) which contains expenditure detail for the General Fund as well as each Special Revenue Fund. The June 30, 1996 CAFR is anticipated to be complete in the next 60 days. Attachment #1 contains a breakdown of the accounts as of June 30, 1996. In 1995-96 no interest was allocated to any of the Fund 300 activities. The method used by the City to allocate interest is based upon the annual average of month.end cash balances 41 each fund. The CIP Fund had a negative cash balance over the course of the year. Therefore, no interest was allocated to the fund. As of June 30, 1996, there are four projects where the fees collected to date are insufficient to cover the expenses already recorded. The following are projects with a deficit balance: Account 1 Project Amount of Deficit as of June 30, 1996 331-018 East Dublin Arterial PI8JYLines ($ 53,261.64) 331-014 DublinlSilvergate ( $ 70,429.55) 331-015 Public Facility Fee Study ($ 15,141.20) . . 331-016 East Dublm Traffic Impact Fee Study ($ 30,133.85) Anticipated Repayment Source The City has begun preliminary work necessary to ado~q lines for future arterial roadway alignments in East Du..::~:) Additional work will only proceed if Developer Contributions funds are advanced. The work completed to date related to . Tassajara Road. Costs will be recovered once East Dublin Traffic Impact Fees are collected. The City advanced construction of the improvements based upon off-site contributions required of the residential projects now underway by Warmington Homes and Kaufinan & . Broad. i This amount was recovered in first quarter FY 96-97. . The City Council initiated a study to determine an appropriate Public Facility Fee. The fee has been adopted and the cost of the Study will be repaid by fees collected. The City Council initiated a study to determine an appropriate Traffic Impact Fee for the Eastem Dublin Specific Plan Area. The cost of the Study will be repaid by fees collected. It is currently anticipated that future fees will eliminate all amounts cuqently recorded as Deferred Revenues. e. . . -.. ...... - 2 - As shown in attachment 2, Staffhas identified those contributions which have remained unexpended for .. '. 'more than five years. All of the identified fees were collected on January 2, 1990 from the Developer of ~ '0 ..". the Dublin Meadows Project. Three deposits were identified in the 1994/95 Annual Report and only two are applicable in the 1995196 Fiscal Year. This is due to the fact that monies collected more than 5 years ~o e<"' ago for Project 9687 (parallel Road), were expended/in Fiscal Year 1995196. The City Council previously adopted Resolution No. 122-95, which identified the findings necessary for Fiscal Year 1995196, to continue to retain the funds to be used on the projects for which they were collected. Attachment #3 is a Draft Resolution which will allow the City to maintain for Fiscal Year 1996/97 the fees already collected. Although the funds are not currently programmed for expenditure in the next year, the applicable projects are identified in the adopted City of Dublin Five Year Capital Improvement Plan 1996-200 1. It is expected that these improvements will be needed to mitigate the traffic impacts of the Dublin Meadows Project, which resulted in the collection of the fees. Further, thcsc,fees....,part of the necessary financing to ultimately COI$tructthe improvements. Staff would recommend that the City Council accept the Annual Report and adopt the Resolution making the necessary fmdings. .. :0 " ." . .......:- - .3 - " . .-:- CITY OF DUBLIN CAPITAL IMPACT FEE REPORT 1995/96 IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66006 Prepared September 30,1996 and Detailing Activity From July 1, 1995 - June 30,1996 331-001 331-006 331-007 331-008 331-010 331-011 Dublin Blvd. Rd Parallel Parallel Rd Dougherty Rd Village Pkwy Dublin Blvd Widening SP ROW I 680-Regional nlo AVB Signals Sierra-Clark CIP PROJECT # 9696 9686 9687 9689 9656 9692 Balance Available 7/1/95 ($115,715.59) $16,563.03 $77,819.52 $12,459,67 $43,848.56 $7,194.29 Fees Collected: 7/1/95-f3130/96 $778,032.70 $0.00 $0.00 $0,00 $2,350.00 $110.00 Interest $0.00 $0.00 $0.00 $0.00 $0,00 $0.00 Less 1995/96 Expenditures ($642,827,86) $0,00 ($6,718.10) $0.00 $0.00 $0.00 Refunds Per CGC 66001 (e)/(f) $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 Revenue To Be Collected' Balance Available 6/30/96 $19,489.25 $16,563,03 $71,101.42 $12,459,67 $46,198.56 $7,304.29 .': 331-012 331-013 331-014 331-015 331-016 331-018 Downtown Dougherty Rd DublinlSilvergate Public Facility East Dublin East Dublin TIF Study SPRR to A VB Impvts Fee Study TIF Study Arterial Lines CIP PROJECT # 9648 9685 9601 9450 9649 9640 Balance Available 7/1/95 $10,470.71 $296.70 ($110,795.71) ($7,119.43) ($30,133.85) $0.00 Fees Collected: 7/1/95-f3130/96 $0.00 $0.00 $40,699.00 $0.00 $0,00 $0.00 Interest $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Less 1995/96 Expenditures ($4,426.51 ) ($25,81) ($332.84) ($8,021.77) $0.00 ($53,261.64) Refunds Per CGC 66001 (e)/(f) $0,00 $0.00 $0,00 $0.00 $0.00 $0.00 Revenue To Be Collected' ($70,429.55) ($15,141.20) ($30,133.85) ($53,261.64) Balance Available 6/30/96 $6,044.20 $270.89 Funds On Hand At 6/30/96 Future Fees To Be Collected TOTAL ALL PROJECTS AS OF 6/30/96 331-017 Affordable Housing $30,801.80 $0.00 AB1600 Projects $179,431.31 ($168,966.24) TOTALS $210,233.11 ($168,966.24) · If a shortfall exists in an account the General Fund has advanced the monies necessary. Once the fees are collected the General Fund will be repaid by the amount of the deferred revenue. .:: A TT ACHMENT 1 Print...: 10/1/969:28 AM I Historical Analysis Of When Capital Improvement Funds Were Collected To Compy With Tracking Status of Funds CGC 66001(d) Prapared September 1996 331-001 331-006 331-007 331-008 331-010 331-011 Dublin Blvd. Rd Parallel Parrellel Rd Dougherty Rd Village Pkwy Dublin Blvd Widening SP ROW I 6S0-Regional nlo AVB Signals Sierra-Clark CIP PROJECT # 9696 9686 9687 96S9 9656 9692 Funds Collected 1988/89 $8,975.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1989/90 $113.868.57 I $12,400.00 I $4,800.00 I $9,328.00 I $0.00 $0.00 Funds Collected 1990/91 $6.750.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1991/92 $43,948.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1992/93 $15,087.00 $0.00 $0.00 $0.00 $6,377.00 $0.00 Funds Collected 1993/94 $20,695.00 $0.00 $27,940.00 $0.00 $13,425.00 $1,010.00 Funds Collected 1994/95 $10,840.00 $0.00 $39,610.00 $0.00 $21.270:00 $5,863.00 Funds Collected 1995/96 $778,032.70 $0.00 $0.00 $0.00 $2.350.00 $110.00 Interest (Adjusted All Prior Years) $22,958.20 $4.163.03 $5,469.52 $3,131.67 $2,776.56 $321.29 Interest (Current Year) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL FUNDS COLLECTED $1,021,154.47 $16,563.03 $77,819.52 $12,459.67 $46,198.56 $7,304.29 LESS: Prior Expenditures ($243,121.77) $0.00 $0.00 $0.00 $0.00 $0.00 LESS: 1995/96 Expenditures ($758,543.45) $0.00 ($6,718.10) $0.00 $0.00 $0.00 Balance AVAILABLE $19.489.25 $16.563.03 $71,101.42 $12,459.67 $46.198.56 $7,304.29 Does Account Have Funds Unexpended 1 For More Than 6 Years After Collection NO YES NO YES NO NO Amount Held 5 Years (excluding Interest) $12,400.00 $9,328.00 331-012 331-013 331-014 331-015 331-016 331-018 Downtown Dougherty Rd Dublin/Silvergate Public Facility East Dublin E Dublin TI F Study SPRR to AVB Impvts Fee Study TIF Study Arterial Lines CIP PROJECT # 9648 9685 9601 9450 9649 9640 IFunds Collected 1989/90 I $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1990/91 I $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1991/92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1992/93 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1993/94 $29,290.00 $0.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1994/95 $0.00 $285.00 $0.00 $0.00 $0.00 $0.00 Funds Collected 1995/96 $0.00 $0.00 $40,699.00 $0.00 $0.00 $0.00 Interest (Adjusted All Prior Years) $1,042.33 $11.70 $0.00 $0.00 $0.00 $0.00 Interest (Current Year) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL FUNDS COLLECTED $30,332.33 $296.70 $40,699.00 $0.00 $0.00 $0.00 LESS: Prior Expenditures . ($19,861.62) $0.00 ($110,795.71) ($7,119.43) ($30,133.85) $0.00 LESS: 1995/96 Expenditures ($4,426.51) ($25.81) ($332.84) ($8,021.77) $0.00 ($53,261.64) Balance AVAILABLE $6,044.20 $270.89 ($70,429.55) ($15,141.20) ($30,133.85) ($53,261.64) Does Account Have Funds Unexpended 1 For More Than 5 Years After Collection NO NO NO NO NO NO Printed: 10/1/96 9:31 AM ATTACHMENT 2 :J.. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************************************** e:.-:: MAKING FINDINGS REGARDING UNEXPENDED IMPACT FEES FOR FISCAL YEAR 1996-97 Recitals 1. The City has collected fees 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 1996-2001 Capital Improvement Program and include the improvements described in Recitals numbers 2 and 3 below. 2. Road Parallel to Southern Pacific Ri2ht-of-Way - DOU2herty Road to Dublin Boulevard. Project #9686 (Scarlett Drive Extension)- D~posit #1000-331-006 This project would provide a 4-lane roadway connection between Dougherty Road and Dublin Boulevard (extending from the current Scarlett Drive intersection with Dublin Boulevard and parallel to the Southern Pacific Railroad Right-of-Way). As of June 30, 1996, the total amount of funds collected for this project is $12,400.00. This amount was collected by the City on January 2, 1990. This project will not be needed until development in the Dougherty Valley (Contra Costa County) occurs and until the future East DublinlPleasanton BART station, adjacent to Camp Parks, is completed. Development in Dougherty Valley is anticipated within the next several years. The BART station is.,,:. slated for completion in 1997. :::: 3. Dou~herty Road Improvements (Amador Valley Boulevard North to City Limits) Project #9689- Deposit #1000-331-008 This project consists of constructing the ultimate northbound lanes and median from Amador Valley Blvd. north to the City limits. As of June 30, 1996, the total amount of funds collected for this project is $9,328.00. This amount was collected by the City on January 2, 1990. This project will not be needed until development in the Dougherty Valley occurs. Contra Costa County approved an amendment to its general plan in 1992, which would permit development in the Dougherty Valley. That amendment was challenged by two lawsuits which have now been settled. It is anticipated that development will occur within the next several years. 4. The two projects described in Recitals 2 and 3 above, are referred to as the "Two Traffic Improvements." 5. All of the fees described above and unexpended after 5 years (paragraphs 2-3) were collected on January 2, 1990, and subject to this resolution, were collected from Dublin Meadows Partners for the Dublin Meadows multi-family housing project. A finding was made at the time the Dublin Meadows Project was approved, by Council Resolution No. 33-89, that the fees were needed in order to finance the construction of the Two Traffic Improvements. Resolution No. 33-89 further found that the purpose~o the fees was to mitigate the traffic impacts caused by the Dublin Meadows project by construction ofWl!l!':~'. Two Traffic Improvements. I;i v '. . . Findings The Council finds, on the basis of the foregoing Recitals, that: .-'>A. The fees which have been collected for the Two Traffic Improvements will remain unexpended in Fiscal Year 1996-97; B. The fees which have been collected for the Two Traffic Improvements will remain committed for construction of the improvements identified in the adopted Capital Improvement Program; C. The purpose to which the fees will be put is for construction of the Two Traffic Improvements, as described above and in the 1996 - 200 I Capital Improvement Program; D. The fees were collected to make the Two Traffic Improvements, which improvements will mitigate traffic impacts caused by the Dublin Meadows Project; and E. The fees which have been collected for the Two Traffic Improvements are needed for construction of the Two Traffic Improvements. PASSED, APPROVED, AND ADOPTED THIS day of AYES: .':,::NOES: ABSENT: ABSTAIN: Mayor A TIEST: City Clerk g:Finance\A.B 1600\Reso Traf.doc .' tj