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HomeMy WebLinkAboutItem 4.03 Dev Impact Fee RptC~~~ OF DU~~'G ~// ~ 11\ ~``~,~lz O`1LIFOR~~~~ STAFF REPORT CITY C L E R K DUBLIN CITY COUNCIL File # ^©®®-®® DATE: December 15, 2009 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66002, 66006 and 66008 (AB 1600) Prepared By: Paul S. Rankin, Administrative Services Director. EXECUTIVE SUMMARY: State law requires the City to review and report on an annual basis the status of Development fees collected to finance public improvements. The report covers activity which occurred in these funds during Fiscal Year 2008-09. The analysis has determined that all funds held for more than 5 years are necessary to complete identified projects. FINANCIAL IMPACT: The financial impacts are discussed as part of the Staff Report. RECOMMENDATION: 1) Accept the Annual Report of Developer Impact Fee Funds For the Year Ended June 30, 2009; and 2) Adopt the Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2008-2009. Qw a ~.C~ Submitted By: Administrative Services Director Reviewed Assistant City Manager Page 1 of 4 ITEM NO. `t• DESCRIPTION: A City is authorized under State Law to require development applicants to contribute fees toward off-site public improvements, which are needed as a result of the new development. Annually the City is required to disclose the status of funds held for this purpose. The report provides information covering the period from July 1, 2008 through June 30, 2009 (See Attachment 1). Requirements of Law The law requires the City to review on an annual basis the status of development fees collected. The law provides for a report to be made available within 180 days from the end of the Fiscal Year. In addition, Government Code Section 66006(b)(2) requires the report is to be included on the Agenda at a public meeting not less than 15 days after the information was made available. Staff previously made available to the public a draft copy of this report on Tuesday, December 1, 2009. In the event that any fees remain unexpended for more than five years, the City Council must adopt a Resolution making certain findings related to the continued need for the funds to complete the improvements. 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 The Fiscal Year 2008/2009 Annual Report of Developer Funds is shown in Attachment 1. The law requires disclosure of numerous details with respect to activity in these accounts. This includes: beginning and ending balances; collections for the year; expenditures for the year; interest earned; and any refunds. For the purpose of this report the City is providing information on the following funds: FUNDS ACCOUNTED FOR IN REPORT (ATTACHMENT 1) • Eastern Dublin Traffic Impact Fees • Downtown Traffic Impact Fee • Public Facilities Impact Fees • Park Dedication Fees • Fire Impact Fees • Tri Valley Transportation Development Fees • Category 3 Regional Traffic Impact Fees • Pass Through Fees: (Freeway Interchange Fees /BART Garage) • Dublin -Contra Costa Traffic Impact Mitigation Fees Excluded from this report are developer fee types that do not fit the definition for the disclosure requirements found in State Law. California Government Code section 66001 is applicable to funds collected for public improvements. The Noise Mitigation funds are collected to finance future noise mitigation on private properties and would not meet the public improvement criteria. Three fees are collected as part of the Zoning powers of the City: 1) Non-Residential Affordable Housing Linkage Fee 2) Housing In-Lieu funds; and 3) Public Art In-Lieu funds. Fees collected under the City's general police power are not deemed as mitigation fees. Page 2 of 4 Details of activity for each of the fees are displayed in the Annual Report (Attachment 1). The following is a summary of the activity for the year including the Beginning and Ending Balance. Additions: Expenses: ~ Fees Project ~ FEE Beginning Collected; Costs; Ending ~, Balance Interest Interest; Balance (711/2008) Revenue Loan (June (net of refund) Re a menu 30,2009 Eastern Dublin Traffic Impact Fees (Excludes BART Garage $ 19,793,395 ($1,578,020) ($9,994,591) $ 8,220,784 Com onent -Pass Throu h Downtown Traffic Impact Fees & Miti ation Pro'ects $ 2,363,561 $ 118,242 $ 361,389 $ 2,120,414 Public Facilit Fees $ 7,700,327 $ 1,187,315 $ 5,091,522 $ 3,796,120 Fire Impact Fees -Advance Owed To General Fund $ 1,837,021 $ 58,966 $ 63,281 $ 1,841,336 Tri-Valley Transportation Develo ment Fees $ 2,195 $ 116,683 $ 23,592 $ 90,896 Category 3 Regional Traffic Im act Fees $ 1,374,821 $ 79,476 None $ 1,454,297 Pass Through Fees: Freeway Interchan a /BART Gara e $ 0 $ 103,273 None $ 103,273 Dublin -Contra Costa Traffic Im act Miti ation Fees $ 0 $ 563,010 $ 563,010 $ 0 TOTAL $ 29,392,888 $ 648,945 $16,097,385 $13,944,448 It is important to note that these fees are restricted and can only be used for the capital related purposes for which they have been collected. Given the multi-year nature of the capital projects to be financed it is expected that funds will be accumulated and used based on the construction timing. It is also important to note that during the year the balance of all funds reported was reduced by 53% which reflects the expenditure for improvements. Also during the year an adjustment was made to the amount advanced by the Lin Family for the Construction of the 1- 580 Fallon Interchange. A refund was made based on less funding being required to complete the project, as well as to repay the Lin Family for contributions collected from other Developers as required under agreements to construct the interchange. Funds Remaining Unexpended More Than 5 Years After Being Collected One of the provisions in the legislation regulating development fees is to regularly review funds collected and held without being expended for more than five years. The law requires the City Council to make certain findings in order to continue to hold fees collected and unexpended for more than five years. The following Table summarizes the accounts with contributions which have remained unexpended for more than five years. All of the projects are identified in the adopted City of Dublin 2008-2013 Capital Improvement Program. Page 3 of +~ SUMMARY OF ACCOUNTS WITH FUNDS REMAINING UNEXPENDED FOR FIVE YEARS OR MORE AFTER THEY WERE COLLECTED Impact Fees (Unexpended) Accumulated TOTAL Project Name as of June 30, Interest DESIGNATED 2009 Dougherty Road -North of Amador Valley Boulevard To City Limit $274,750 $ 154,843 $ 429,593 St. Patrick Way -Regional to Golden Gate $125,717 $ 209,658 $ 335,375 Dougherty Road Improvements - Houston Place North to Amador Valley $148,791 $ 52,408 $ 201,199 Blvd Dublin Boulevard Improvements - Sierra Court to Dublin Court $509,046 $ 209,577 $ 718,623 Scarlett Drive Extension Between Dublin Blvd and Dougherty Road $ 28 802 $ 84,876 $ 113,678 Proposed Resolution Making Necessary Findings In order to retain fees longer than five years certain findings must be made by the City Council. Without this action the fees would need to be refunded. All of the projects summarized in the previous section of this report are identified projects that will require the funding in the future. The City continues to allocate interest on the balances retained. 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, in order to fund the projects for which they were collected. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Government Code Section 66006(b)(2) requires the report is to be included on the Agenda at a public meeting not less than 15 days after the information was made available. Staff previously made available to the public a draft copy of this report on Tuesday, December 1, 2009. In addition the Government Code Section requires that the notice of the meeting shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. The City Clerk distributed mailed notice to 37 parties that have a current request for Notices. ATTACHMENTS: 1. Annual Report of Developer Impact Fee Funds For the Year Ended June 30, 2009 2. Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2008-2009 Page 4 of 4 I. ~ ~a ~~ OF Dp~~~ ~ ~ !q _ 1`\ i~~~ r4GIFOE'~~* City of Dublin Annual Report of Developer Impact Fee Funds Deposits For the Year Ended June 30, 2009 CONTENTS SECTION INFORMATION PAGE(S) Section 1: Table of Disclosure Requirements With Cross Reference To Government Code and Location 1-2 In City of Dublin Report ....................... Section 2: Description Impact Fees Included In Report ... 3 Section 3: Status of Funds • Interfund Loans & Transfers • Specific Funds Held In Excess of 5 Years 4- 6 • Refunds .............................................. Section 4: 2008/2009 Accounting of Impact Fees • Eastern Dublin Traffic Impact Fees • Public Facility Impact Fees • Park Dedication Fees • Fire Impact Fees • Downtown TIF /Mitigation (All Accounts) 7- 8 • Tri-Valley Transportation Development Fee • Freeway Interchange Fees • BART Parking Garage Component TIF • Dublin /Contra Costa Mitigation Fees Section 5: Detail By Account -Downtown Traffic Mitigation 9 Contributions ........................... Section 6: Schedule of Funding For Public Improvements And Percentage Funded By Developer Fees..... 10-11 Data Available To Public December 1, 2009 Presented City Council Meeting December 15, 2009 -f-e,~~ y.3 ~~~~slo~ ATTACHMENT 1 Section 1 ~ 01 ~ TABLE OF IMPACT FEE DISCLOSURE REQUIREMENTS WITH CROSS REFERENCES Government Information Found Code Section Requirement In City Report At Provide the following: 66006 (b) (A) 1. A brief description of each of the City's impact Section 2, Part A fees. 66006 (b) (B) 2. The amount charged for the City's impact fees. Section 2, Part B 66006 (b) (C) 3. The beginning and ending balance for the City's Section 4 and impact fee accounts. Section 5 66006 (b) (D) 4. The amount of fees collected and interest Section 4 and earned. Section 5 66006 (b) (E) 5. An identification of each public improvement on Sections 4, 5 and 6 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) (F) 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. 66006 (b) (G) 7. A description of each interfund transferor 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. Section 3, Part B Section 3, Part A 66006 (b) (H) 8. The amount of refunds made pursuant to Section 3, Part C subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. Page 1 G:\Ab] 600 -Impact Fees\FY 08-09\SEC 1_OUTLINE.DOC Section 1 TABLE OF IMPACT FEE DISCLOSURE REQUIREMENTS WITH CROSS REFERENCES Government Code Section Requirement 66001 (d) 9. 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. 66001 (d) (1) a. Identify the purpose to which the fee is to be used for. 66001 (d) (2) b. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. 66001 (d) (3) c. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements. 66001 (d) (4) d. Designate the approximate dates on which the funding referred to in item c above is expected to be deposited into the appropriate account or fund. 66006 (b) (1) (F) e. 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. Page 2 3 ~~- ~ a Information Found In Citv Report At Section 3, Part B and attached Resolution for items a-e below. G:\A61600 -Impact Fees\FY 08-09\SEC I_OUTLINE.DOC SECTION 3 STATUS OF FUNDS ~~.a A. INTERFUND LOANS AND TRANSFERS OF IMPACT FEES No interfund loans or transfers of impact fees were granted to other funds during Fiscal Year 2008-2009. The Fire Impact Fee Fund received an advance /loan from the General Fund in both Fiscal Year 2003/2004 and Fiscal Year 2004/2005. Collections of Fire Impact Fees are being used to repay the advance. Interest accrues at the rate equal to the City's return on its investment portfolio. B. 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 have 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 Traffic Mitigation Contributions, which have continued to be held for more than five years. The Projects are accounted for in the adopted City of Dublin Five Year Capital Improvement Program 2008 - 2013. In accordance with State Law, the City Council has previously adopted Resolution #01-08 on December 16, 2008 declaring the need to continue to maintain the funds in order to complete these six projects. Details related to the six projects and funds held for more than five years are identified below: 1. DOUGHERTY RD - AMADOR VALLEY BLVD NORTH TO CITY LIMIT (#96855) Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: 274 750 Project Cost As Identified In CIP (#96855): $4,374,982 Description of Project This project will widen Dougherty Road to a six lane divided highway, including landscaped medians within the project limits. In a previous phase a traffic signal was added at Willow Creek Drive and funded from the Dougherty Valley Impact Fees. Source of Funding The work is anticipated to be funded by Traffic Impact Fees, including contributions from this source as well as Eastern Dublin TIF and contributions from the Dublin / Contra Costa County (Dougherty Valley) Mitigation Fees. Approximate Project Completion Dates A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon. 2. ST. PATRICK WAY -REGIONAL STREET TO GOLDEN GATE DRIVE (#96870) Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: 125 717 Project Cost As Identified In CIP (#96870): $1,630,956 Description of Project 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. Page 4 G:\Ab1600 -Impact Fees\FY 08-09\sec}_Status of FundsFY0809.DOC SECTION 3 ~ ~ ~ STATUS OF FUNDS This need is becoming more apparent as this portion of the Central Business District develops further and the BART parking structure has been constructed along Golden Gate Drive. The section of Saint Patrick Way between Amador Plaza Road and Golden Gate Drive was constructed by the Alameda County Transportation Authority (ACTA) as part of the I-580/1-680 Interchange Improvements. For the purpose of this Capital Project, only the portion of Saint Patrick Way that is anticipated to be built by the City is included in the cost estimate. Source of Funding Downtown Traffic Mitigation Contributions and Impact Fees, BART mitigation funds, and developer mitigation improvements. Approximate Project Completion Dates A deposit has been made to the State Condemnation Fund for the acquisition of the right-of-way. It is estimated that the City will complete the acquisition of right-of-way in Fiscal Year 2009-2010. Due to a change in property ownership the Developer which was required to complete the improvements as part of their development no longer owns the property. The construction of the improvements will be evaluated as plans for the adjacent property are evaluated. 3. DOUGHERTY ROAD IMPROVEMENTS -HOUSTON PLACE NORTH TO AMADOR VALLEY BOULEVARD (#96850) Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: 148 791 Project Cost As Identified In CIP # 96850: $4,474,177 Description of Project This project consists of two phases and the first phase is complete. The second phase consists of widening the number of travel lanes from four to six lanes and installing landscaped medians. Source of Funding In addition to these funds, Eastern Dublin Traffic Impact Fee Funds; and Dougherty Valley (Contra Costa County Impact Fees) Approximate Project Completion Dates A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon. 4. DUBLIN BLVD. IMPROVEMENTS -SIERRA COURT TO DUBLIN COURT (#96930) Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: 509 046 Project Cost As Identified In CIP #96930: $2,984,005 Description of Project This project will widen Dublin Boulevard from Sierra Court to Dublin Court and underground existing overhead utilities. This project will increase the roadway capacity from four to six 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 Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees Page 5 G:Wb1600 -Impact Fees\FY 08-09\sec_3_Status of FundsFY0809.DOC SECTION 3 ~ o~ STATUS OF FUNDS Approximate Protect Completion A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon. 5. SCARLETT DR & IRON HORSE TRAIL EXTENSION -DUBLIN BLVD - DOUGHERTY RD (#96840) Amount Collected in Previous Fiscal Years Subject to 5 Year Limitation: 28 802 Project Cost As Identified In CIP #96840: $11,132,790 Description of Protect This project will widen Dublin Boulevard from Sierra Court to Dublin Court and underground existing overhead utilities. This project will increase the roadway capacity from four to six 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 Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees; Alameda County Transportation Improvement Authority Project Funds. Approximate Project Completion Dates A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon. C. REFUNDS During Fiscal Year 2008-2009, $2,216,700 of funds that had been advanced pursuant to a special funding agreement for the 1580 / Fallon Road Interchange was refunded to the Lin Family. The refund was based on adequate funding being in place to construct the improvements. 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M O lf) ~ ~~ ++ h 0O r !~ ~ ° 00 > o w 3 ~~c o~c o a ~ rn rnrn p rnrnrnrnrn w o Page 11 v{ ~ ClF-. lD Z _0 N U W RESOLUTION NO. -09 ~ ~ o~ ~ ~" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2008-2009 Recital The City has collected contributions for completion. of off-site public 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 2008-2013 Capital Improvement Program and include the improvements described below: Project Name Unexpended Developer Fees as of June 30, 2009 1. Dou hert Road -Amador Valle Boulevard North to Cit Limit $274,750 2. St. Patrick Wa - Re Tonal to Golden Gate $125,717 3. Dou hert Rd Im vts -Houston PI North to Amador Valle Blvd $148,791 4. Dublin Blvd Im rovements -Sierra Ct to Dublin Ct $509,046 5. Scarlett Drive Extension -Between Dublin Blvd &Dou hert Rd $ 28,802 2. The five projects described in the recital above are referred to as the "Five Traffic Improvements." Findings The City Council finds, on the basis of the foregoing Recitals, that: A. The contributions which have been collected for the Five Traffic Improvements will remain unexpended after Fiscal Year 2008-2009, B. The contributions which have been collected for the Five Traffic Improvements will remain committed for construction of the improvements identified in the adopted Capital Improvement Program; C. The purpose for which the contributions will be used is construction of the Five Traffic Improvements, as described above and in the 2008 - 2013 Capital Improvement Program, D. The contributions were collected to make the Five Traffic Improvements, which improvements will mitigate traffic impacts caused by the new development projects which paid the contributions, and E. The contributions which have been collected for the Five Traffic Improvements are needed for construction of the Five Traffic Improvements. PASSED, APPROVED, AND ADOPTED THIS 15th day of December 2009 AYES: NOES: ABSENT: - ABSTAIN: ATTEST: Mayor City Clerk ATTACHMENT 2