HomeMy WebLinkAbout4.4 Developer Annual Reportor
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
December 18, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -60
SUBJECT: Annual Report of Developer Impact Fee Funds Deposits: Pursuant to
Government Code Sections 66002, 66006 and 66008 (AB 1600) and Budget
Adjustment for Distribution of Excess Funds
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 2011 -2012. The analysis has determined that all funds held for
more than 5 years are necessary to complete identified projects. Annually the City also
completes an assessment of funding available to reduce Credits that have converted to Rights
to Reimbursement. The City Council will be requested to approve a Budget Adjustment
reflecting the distribution of funds in Fiscal Year 2012 -2013.
FINANCIAL IMPACT:
The financial impacts and accounting for the Development Fees are discussed as part of the
Staff Report. The total additional budget appropriation of $296,176 is funded from
unappropriated reserves (Eastern Dublin Traffic Impact Fee (EDTIF) — Category 1), and will be
used to reduce Impact Fee credits and Rights to Reimbursements from these restricted funds.
RECOMMENDATION:
It is recommended that the City Council: 1) Accept the Annual Report of Developer Impact Fee
Funds for the Year Ended June 30, 2012; 2) Adopt the Resolution Making Findings Regarding
Unexpended Traffic Mitigation Contributions for Fiscal Year 2011 -2012; and 3) Approve the
Budget Change.
Submitted By
Administrative Services Director
DESCRIPTION:
Reviewed By
Assistant City Manager
Page 1 of 5 ITEM NO. 4.4
Cities are 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
covers the period from July 1, 2011 through June 30, 2012 (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 to be
included on the Agenda at a public meeting not less than 15 days after the information was
made available. On December 3, 2012, Staff mailed notices to interested parties that a draft
copy of Impact Fee data was available. 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 2011 -2012 Annual Report of Developer Funds is shown in Attachment 1. The
law requires disclosure of numerous details with respect to activity in these accounts including:
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 Fees
• Public Facilities Impact Fees (Includes 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 County Traffic Impact Mitigation Fees
Details of activity for each of the fees are displayed in the Annual Report (Attachment 1). The
following is a high level summary of the activity for the year including the beginning and ending
balances:
Page 2 of 5
ANNUAL REPORT OF DEVELOPER FEES BY CATEGORY (7/1/2011 — 6/30/2012)
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. During Fiscal Year 2011 -2012, the net balance of all funds reported increased by
approximately $16.1 million which was largely attributable to Public Facility Fee funds collected.
The ending combined balance of $25,015,923 is net of negative balances. A detailed
accounting for each of the major categories is shown in the schedules included in Attachment 1.
The Fire Impact Fee Fund is negative due to funds advanced for the construction of Station 17.
As fees are collected, they are used to repay borrowed funding from the General Fund,
including interest.
Funds Remainina Unexpended More Than 5 Years After Beina Collected
One of the provisions in the State law regulating development fees is to regularly review funds
collected and held for more than five years without being expended. 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 2012 -2017 Capital Improvement Program.
SUMMARY OF ACCOUNTS WITH FUNDS REMAINING UNEXPENDED
FOR FIVE YEARS OR MORE AFTER THEY WERE COLLECTED
Source of Fee
Fees Unspent
Additions:
Expenses:
Total
For More
Fees Collected;
Project Costs;
Designated As
IMPACT FEE CATEGORY
Beginning
Interest Revenue
Interest; Loan
Ending
Balance
5 Years
Repayments;
Balance
Mitigation Funds: Dougherty Road
(7/1/2011)
Pass - Through
(6/30/2012)
Public Facility Fees
$ 3,586,077
$15,293,636
($ 539,636)
$ 18,340,076
Fire Impact Fees — Advance
($ 1,735,988)
$ 392,626
($ 15,553)
($ 1,358,914)
Owed To General Fund
Traffic Impact Fees
$ 7,063,185
$ 2,639,827
($ 1,668,251)
$ 8,034,761
TOTAL
$ 8,913,274
$ 18,326,089
($ 2,223,440)
$ 25,015,923
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. During Fiscal Year 2011 -2012, the net balance of all funds reported increased by
approximately $16.1 million which was largely attributable to Public Facility Fee funds collected.
The ending combined balance of $25,015,923 is net of negative balances. A detailed
accounting for each of the major categories is shown in the schedules included in Attachment 1.
The Fire Impact Fee Fund is negative due to funds advanced for the construction of Station 17.
As fees are collected, they are used to repay borrowed funding from the General Fund,
including interest.
Funds Remainina Unexpended More Than 5 Years After Beina Collected
One of the provisions in the State law regulating development fees is to regularly review funds
collected and held for more than five years without being expended. 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 2012 -2017 Capital Improvement Program.
SUMMARY OF ACCOUNTS WITH FUNDS REMAINING UNEXPENDED
FOR FIVE YEARS OR MORE AFTER THEY WERE COLLECTED
Source of Fee
Fees Unspent
Developer
Accumulated
Total
For More
Fees Unspent
Interest
Designated As
Than 5 Years
For Less Than
of June 30,
as of 6/30/12
5 Years
2012
Mitigation Funds: Dougherty Road
Improvements - Houston Place North to
$3,299.40
None
$61,577.90
$64,877.30
Amador Valley Blvd (Combined in new
CIP 4960025)
Mitigation Funds: Dublin Boulevard
Improvements —
$424,618.98
None
$246,002.12
$670,621.10
Sierra Court to Dublin Court
Mitigation Funds: Scarlett Drive
$28,801.83
None
$90,805.04
$119,606.87
Extension (Dublin Blvd to Dougherty Rd)
Downtown Traffic Impact Fee
$159,114.80
$427,727.97
$41,159.72
$628,002.49
Funds
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 fees summarized in the
Page 3 of 5
previous section of this report have identified projects that will require the funding in the future.
The funding needed includes the accumulated interest, which is expended only on the
authorized projects. The City continues to allocate interest on the balances retained. Staff has
identified the necessary findings 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.
Fiscal Year 2012/2013 Appropriation
As part of the Eastern Dublin Traffic Impact Fee (EDTIF) Guidelines, there are provisions for the
City to annually evaluate balances held by the City. The Staff is to evaluate possible use of
funds held to reduce Impact Fee Credits that have converted to a Right to Reimbursement.
Staff completed the analysis and will distribute funds as required in December 2012.
When a Developer is granted an Impact Fee Credit, the initial "credit period" is for ten years.
During that time the credit can be applied against fees owed. Impact Fee Credits do not
increase once established. The Developer has an option to extend the "credit period" for an
additional five years. Once the "credit period ends" the amount remaining converts to a "Right
to Reimbursement" (RTR). The "Right to Reimbursement" continues for 15 years if no
extension was requested, or it extends for 10 years if the Developer opted to have the five year
"credit period" extension. The end result is that Developers have a total of 25 years that they
may either use the credit or be repaid based on the availability of funds collected. At the end of
the "Right to Reimbursement" period any unpaid amount is forfeited.
Three entities currently hold a RTR for Eastern Dublin Traffic Impact Fee — Category 1. The
total value is $943,321 and, based on current projects and available funds, Staff is proposing to
reduce the balance by $270,000. The Traffic Impact Fee Administrative Guidelines has a
specific formula for distribution of the funds based on the age of the RTR and the relative
percentage to the total outstanding. These payments will be issued in December 2012.
In addition to the distributions for Rights to Reimbursement, the funding agreement for
improvements made to Tassajara Interchange provides that the holders of those credits receive
an annual payment reducing credits held as a result of advance funding of the interchange
improvements. This disbursement is based on Total EDTIF- Category 1 fees collected in the
year. As such the distribution is typically made in July based on the previous June 30th
information. The funding agreement provides that 8% of the fees are collected are distributed to
these credit holders. The Fiscal Year 2012/2013 estimated distribution is $26,176, based on
budgeted EDTIF 1 revenue. The actual distribution will be determined based on actual fees
collected. Although the disbursement will occur in July 2013 it is recorded as a Fiscal Year
2012/2013 expense.
A budget adjustment is proposed to align the proposed distribution expenses with the Project
Budget. Staff have prepared a Budget Change (Attachment 3) which will appropriate $296,176
as part of CIP Project #960004 (East Dublin Arterial Improvements). This will account for
estimated distributions to be recorded in Fiscal Year 2012/2013.
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 Monday, December 2 2012. In
addition the Government Code Section requires that the notice of the meeting shall be mailed,
Page 4 of 5
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 Administrative Services Department
distributed mailed notices to four of the recipients who had made a request within the past 12
months, as required by the California Government Code. Mailed notices were also provided to
35 parties who have filed requests in the past.
ATTACHMENTS: 1. Annual Report of Developer Impact Fee Funds for the Year Ended
June 30, 2012
2. Resolution Making Findings Regarding Unexpended Traffic
Mitigation Contributions for Fiscal Year 2011 -2012
3. Budget Change
Page 5 of 5
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City of Dublin
Annual Report of Developer Impact Fee Funds Deposits
For the Year Ended June 30, 2012
CONTENTS
SECTION INFORMATION PAGE(S)
Section Table of Disclosure Requirements With Cross
1: Reference To Government Code and Location In 1 -2
City of Dublin Report .......................
Section Description Impact Fees Included In Report ... 3
2:
Section Status of Funds
3: . Interfund Loans & Transfers
• Specific Funds Held In Excess of 5 Years 4 - 7
• Refunds ............... ...............................
Section 2011/2012 Accounting of Impact Fees By Major
4: Category
• Public Facility Impact Fees
• Fire Impact Fees 8
• Traffic Impact Fees
Section Detail By Fund - Traffic Impact Fees 9
5: Contributions ...........................
Section Detail - Traffic Impact Fees (Project Specific 10
5A: Mitigation ) Contributions ...........................
Section Schedule of Funding For Public Improvements
6: And Percentage Funded By Developer Fees..... 11 -12
Data Available To Public December 3, 2012
Presented City Council Meeting December 18, 2012
ATTACHMENT 1
Section 1
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 earned. Section 4 and
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 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.
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.
ac
Section 1
TABLE OF IMPACT FEE DISCLOSURE REQUIREMENTS
WITH CROSS REFERENCES
Government Information Found
Code Section Requirement In City Report At
66001 (d) 9. For the fifth year following the first deposit into the Section 3, Part B and
account or fund, and every five years thereafter, attached Resolution
the City shall make all of the following findings for items a -e below.
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.
—2—
Section 2
DESCRIPTION OF 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 Impact Fee
• Public Facilities Impact Fees
• Park Dedication Fees
• Fire Impact Fees
• Tri Valley Transportation Development Fees
• Freeway Interchange Fees
• Dublin — Contra Costa Traffic Impact Mitigation Fees
These impact fees were established to pay for the design, development and construction of
public improvement projects for: streets; public facilities; parks; fire capital expansion projects
and community amenities.
B. 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. The City Council has adopted and imposed the subject fees through the passage of
the following resolutions. These fees are updated on an annual basis based upon various cost
indexes described in- further detail as part of the resolutions for these fees:
Impact Fee
Resolution / Ordinance
Eastern Dublin Traffic Impact Fees
Resolution 225 -99
(Includes BART Garage Pass - Through)
Amended by Resolution 111 -04
Updated by Resolution 40-40
Downtown Traffic Impact Fee
Resolution 210 -04
Amended by Resolution 47 -09
Public Facility Impact Fees
Resolution 60 -99
Amended by Resolutions 214 -02 & 45 -09
Park Dedication Fees
Chapter 9.28 Dublin Municipal Code
Fire Impact Fees
Resolution 37 -97 - Amended by
Resolutions 208 - 00,12 -03, 77 -05 & 46 -09
Tri Valley Transportation Development
Resolution 89 -98
Fees
Amended by Resolutions 85 -99 & 87 -03
Pleasanton Interchange Fees
Resolution 11 -96
Amended by Resolution 155 -98
Dublin — Contra Costa Traffic Impact
Resolution 74 -00 and Contra Costa
Mitigation Fees.
Coun Ordinance No. 2000 -24
The studies and supporting documentation presented or 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.
—3—
GA1Ab 1600 - Impact FeesTY 20121.sec 2_DescriptionofFeesFY2012.docx
SECTION 3
STATUS OF FUNDS
A. INTERFUND LOANS AND TRANSFERS OF IMPACT FEES
No inter -fund loans or transfers of impact fees were granted to other funds during Fiscal Year
2011 -2012. 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, at the beginning of Fiscal Year
2011 -2012 (July 1, 2011). The balances were evaluated based on "developer fees collected'
separate from interest revenue. As of July 1, 2011 there were four projects involving the use of
Traffic Mitigation Contributions, which have developer fees that continued to be held for more
than five years. The Projects are included in the adopted City of Dublin Five Year Capital
Improvement Program 2012 — 2017. In accordance with State Law, the City Council has
previously adopted Resolution #211 -11 on December 20, 2011 declaring the need to continue to
maintain the funds. Based on expenditures during Fiscal Year 2011 -2012, as of June 30, 2012,
there are also four projects that have developer funds collected and held for more than five
years. Details related to the projects which have funds held for more than five years are
identified below:
1. PROJECT # 960025 - DOUGHERTY RD — SIERRA LANE TO NORTH TO CITY LIMIT
This project combined funding sources from two mitigation funds 1A) Dougherty Road Amador
Valley to North City Limits; and 1 B) Dougherty Road Amador Valley Boulevard to Houston
Place. Expenditures allocated during Fiscal Year 2011 -12 fully utilized the developer funds
collected as part of 1A. As shown below, funds still remain for 1 B, which have funds held in
excess of five years:
Mitigation Source Unspent Developer Total Project Costs As
Fees Held More Than Identified in CIP Following
5 Years 6/30/2012 (Design Onlv)
1 A) Dougherty Rd (Amador
Valley Blvd North to City Limit
1 B) Dougherty Rd (Houston PI $3,299
to Amador Valle Blvd
TOTAL $3,299 JR11 R$1,343 249
Description of Project This project includes Phase 1 (Design and Project Scoping). This
phase of work will result in the design and precise alignment of Dougherty Road from Sierra
Lane to the North City Limit. This work is required prior to proceeding with construction. The
design will identify the construction required to include six travel lanes, raised median, bike
lanes and a separate pedestrian / bike path along the east side of Dougherty Road. The work
will include surveying and preparation of an environmental assessment. In a previous phase
using Mitigation Source 1(A) a traffic signal was added at Willow Creek Drive.
GAAb 1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx
—4—
SECTION 3
STATUS OF FUNDS
Source of Fundinq The work included in CIP Project #960025 is funded by Traffic Impact
Fees, including contributions from the mitigation sources noted in the table above, as well as
contributions from the Dublin / Contra Costa County (Dougherty Valley) Mitigation Fees.
Approximate Project Completion Dates
A contract for design services with Kimley -Horn & Associates was approved by the City Council
February 7, 2012 and the Phase 1 design and environmental document preparation was
estimated to be complete by June 13, 2013.
2. PROJECT # 960026 - DUBLIN BLVD. IMPROVEMENTS - SIERRA COURT TO
DUBLIN COURT
Mitigation Source
Unspent Developer Fees
Total Project Costs
Held More Than 5 Years
As Identified in CIP
Dublin Blvd
Improvements —
$ 424,619
$197,634- Current
Sierra Court to Dublin
$3,017,089- Future
Description of Project This project is proceeding with a first phase to develop design plans.
The ultimate project will widen Dublin_ Boulevard from Sierra Court to Dublin Court, underground
existing overhead utilities, and install bike lanes. This project will increase the roadway capacity
from four to six lanes. Previous phases have widened other portions of Dublin Boulevard. 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.
Source of Funding Traffic Mitigation Contributions are being used for current budgeted
design work. A portion of the future unfunded project is eligible for funding from Category 2
Eastern Dublin Traffic Impact Fees.
Approximate Project Completion A contract for design services with Bellecci & Associates
was approved by the City Council February 7, 2012 and the Phase 1 design and environmental
document preparation was estimated to be complete by June 13, 2013. A precise completion
date has not been established for the complete project including construction. It is currently
expected that it will be a date outside the current 5 Year CIP planning horizon.
GAAb1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx
—5—
SECTION 3
STATUS OF FUNDS
3. SCARLETT DR & IRON HORSE TRAIL EXTENSION - DUBLIN BLVD — DOUGHERTY
RD (# Not Yet Assigned)
Mitigation Source
Unspent Developer Fees
Total Project Costs As
Held More Than 5 Years
Identified In CIP
Scarlett Dr. & Iron Horse Trail
$ 159,114
$5,569,915
Extension — Dublin
$ 28,802
$11,603,114
Blvd / Dougherty Rd
Description of Project This project would provide an extension of Scarlett Drive and relocate
and enhance a portion of the Iron Horse Trail. The roadway element is a connection between
Dougherty Road and Dublin Boulevard (within the former Southern Pacific Railroad Right -of-
Way).
Source of Funding Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees;
Alameda County Transportation Commission 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.
4. DOWNTOWN TRAFFIC IMPACT FEE FUNDS (Various Projects)
Source
Unspent Developer Fees
Total Project Costs As
Held More Than 5 Years
Identified In CIP
Downtown Traffic Impact
$ 159,114
$5,569,915
Fees Fund #4304
Description of Proiect(s) The Downtown Traffic Impact Fee identified six improvement projects
to be constructed. Projects include: St. Patrick Way Extension; Golden Gate Widening; Dublin
Blvd / Golden Gate Drive Intersection Improvements; Dublin Blvd / Amador Plaza Intersection
Improvements; Dublin Blvd / Dougherty Road Intersection Improvements; and San Ramon
Road Dublin Boulevard Intersection Improvements. Some elements have been completed,
however the proportionate share may have been funded from other sources.
Source of Funding Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees;
Federal Transportation for Livable Communities Grant; Contra Costa County / Dublin
(Dougherty Valley) 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.
GAAb1600 -Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx
SECTION 3
STATUS OF FUNDS
C. REFUNDS
During Fiscal Year 2011 -2012, $40,442.77 was refunded to the Lin Family. These were residual
funds that had been advanced pursuant to a special funding agreement for the 1 -580 / Fallon
Road Interchange. The refund was based on the completion of the project. A corresponding
reduction was made to the amount of Traffic Impact Fee Credits previously issued as part of the
improvement funding advance.
D. RETIREMENT OF IMPACT FEE OBLIGATIONS
During Fiscal Year 2011 -2012, payments were made to retire Impact Fee Credit Obligations as
follows:
GAAb1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx
—7—
FEE TYPE
$ Amount
Payments to holders of Impact Fee
Eastern Dublin
Credits that had converted to Rights
Traffic Impact Fee
$ 200,000.00
to Reimbursement
— Cate o ry 1
Reimbursement pursuant to the
Eastern Dublin
construction agreement for the
Traffic Impact Fee
Tassajara Interchange. (Alameda
— Category 1
$ 60,738.47
County Surplus Property Authority
and the Lin Family)
Reduction In Advance Assumed By
Eastern Dublin
Alameda County Surplus Property
Traffic Impact Fee
Authority (Original Advance Was
— Category 2
$ 100,000.00
made by BART For East Dublin
Station Access
TOTAL
$ 360,738.47
GAAb1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx
—7—
CITY OF DUBLIN CAPITAL IMPACT FEE REPORT
SECTION 4
FEES BY MAJOR CATEGORY (Activity July 1, 2011 - June 30, 2012)
PUBLIC FIRE FACILITY TRAFFIC IMPACT
FACILITY FEES IMPACT FEES FEES (ALL
Ending Available 6130111
Fees Collected: 711/11-6130112
Interest 711/11 - 6/30/12
(Less: 2011112 Expenditures)
Park Project Expenditures
Traffic Improvements (Various Project Nos)
Interest on Loan from General Fund for
Construction of Fire Stations
Retirement of Impact Fee Obligations
Refunds Per CGC 66001(e)/(f)
Pass Through Funds (See Schedule 5)
Ending Balance 6130112
GRAND TOTAL
Funds 4101 -4109
Fund 4201
Funds 4301 -4309
yl
(Includes Park
Dedication Fees)
Detail In Schedule 5
$3,586,076.69
($1,735,987.91)
$7,063,185.12
$ 8,913,273.90
15,138,098.16
392,626.30
2,551,589.82
18,082,314.28
155,537.77
88,236.89
243,774.66
(539,636.46)
(539,636.46)
(791,063.34)
(791,063.34)
(15,552.77)
(15,552.77)
(360,738.47)
(360,738.47)
(40,442.77)
(40,442.77)
(476,006.45)
(476,006.45)
$18,340,076.16 ($1,358,914.38)
—$-
Dale Printed: 1202012 4:28 PM Rename: g:llmpacifee1ab16001Primary Schedules)2012 AB1600
CITY OF DUBLIN CAPITAL IMPACT FEE REPORT
SECTION 5
BREAKDOWN OF TRAFFIC IMPACT FEE FUNDS (Activity July 1, 2011 -June 30, 2012
LOCAL TRAFFIC IMPACT FEES (EASTERN DUBLIN & DOWNTOWN) l
DOWNTOWN 1 -5801 FALLON RD SUB -TOTAL "A"
CATEGORY 1 CATEGORY 2 TRAFFIC IMPACT INTERCHANGE EAST DUBLIN
FEE TIF (EDTIF)
Fund #4301 Fund #4302 Fund #4304 Fund #4307
Ending Available 6130111 $973,736.61 $564,016.55 $477,839.14 $57,874.67 $2,073,466.97
Fees Collected: 711111- 6130112 759,230.92 440,762.24 145,288.00 0.00 1,345,281.16
Interest 711/11 - 6130/12 12,490.63 6,732.23 5,915.49 414.24 25,552.59
(Less: 2011112 Expenditures)
Traffic Improvements (100,332.32) (211,868.95) (1,040.14) (17,846.14) (331,087.55)
(Various Project Nos)
Retirement of Impact Fee (260,738.47) (100,000.00) (360,738.47)
Obligations
Refunds Per CGC
66001(e)1(f) (40,442.77) (40,442.77)
Ending Balance 6130112 $1,384,387.37 $699,642.07 $628,002.49 $0.00 $2,712,031.93
NON- EASTERN DUBLIN TRAFFIC IMPACT FEES (Regional / Mitigation)
DUBLIN - SPECIFIC
CATEGORY 3 TRI- VALLEY PROJECT
LOCAL CONTRA COSTA TRANSPORTATION MITIGATION SUB -TOTAL
REGIONAL FEES COUNTY DEVELOPMENT FEE FUND (See 5A for OTHER FEES
MITIGATION Breakdown)
Fund #4303 Fund #4305 Fund #4306 1 1 Fund # 4309
Ending Available 6130111 $1,519,571.99 $1,974,149.95 ($124,088.06) $1,619,617.14 $4,989,251.02
Fees Collected: 711111- 6130112 0.00 387,234.66 344,627.09 0100 731,861.75
Interest 711111 - 6/30112 16,892.91 22,265.59 7,591.64 14,841.75 61,591.89
(Less: 2011112 Expenditures)
Traffic Improvements
(Various Project Nos) - (26,703.53) (433,272.26) (459,975.79)
Retirement of Impact Fee
Obligations
Ending Balance 6130112 $1,536,464.90 $2,356,946.67 $228,130.67 $1,201,186.63 $5,322,728.87
PASS - THROUGH
i arsur t�a�ot
FREEWAY GRAND TOTAL
INTERCHANGE & SUB -TOTAL "A" SUB -TOTAL "B" TRAFFIC FEES
BART GARAGE (EDTIF) LOCAL FEES (Pass- Through+
„A„ + „B „)
Fund # 4308
Ending Available 6130111
$467.13
$2,073,466.97
$4,989,251.02
Fees Collected: 711/11 - 6130/12
474,446.91
1,345,281.16
731,861.75
Interest 711111 - 6130112
1,092.41
25,552.59
61,591.89
(Less: 2011112 Expenditures)
(331,087.55)
(459,975.79)
Retirement of Impact Fee
(360,738.47)
Obligations
Refunds Per CGC
(40,442.77)
66001(e)/(f)
BART Garage
Reimbursements to
(363,128.05)
ACSPA
Freeway Interchange
Reimbursements - City of
(112,878.40)
Pleasanton
Ending Balance 6/30112
$0.00 *
$2,712 031.93
$6,322,728.87
* Note "Pass- Through” Balance excludes
Year -End Interest accrual recorded as a liability.
-g-
Date Pdnted: 1222012 4:27 PM Rename: gNmpeclfeelab16001Pdmary Schedulee)2012 AB1600
5 TmfFc Breakdrn
$7,063,185.12
2,551,589.82
88,236.89
(791,063.34
(40,442.77)
(363,128.05)
(112,878.40)
CITY OF DUBLIN CAPITAL IMPACT FEE REPORT 2011 -2012
SECTION 5A
DETAIL OF TRAFFIC MITIGATION CONTRIBUTIONS (From July 1, 2011 -June 30, 2012)
4309.41003 4309.41004
Scarlett Extension Parallel Rd
Doug he /Dublin Blvd St. Patrick Way
CIP PROJECT #
096840 (prior System)
960010
$
118,129.02
$
87,293.02
Balance Available 711111
Fees Collected: 711/11-6130112
Interest 711111 - 6130112
1,477.85
1,092.08
Less 2011112 Expenditures
Refunds Per CGC 66001(e) 1(f)
$
119,606.87
$
88,385,10
Ending Balance 6130112
E.
4309.41005
4309.41006
4309.41008
Dougherty Rd
Dougherty
Dublin Blvd.
n/o AVB
Houston PI To AVB
Sierra Dghty
960025
960025
CIP PROJECT #
960026
Balance Available 7/1111
$
374,416.82
$
175,357.33
$
746,761.94
Fees Collected: 711111-6/30/12
Interest 711111 - 6130112
1,712.10
801.62
8,286.13
Less 2011112 Expenditures
(237,563.64)
(111,281.65)
(84,426.97)
Refunds Per CGC 66001(e)1(f)
Ending Balance 6130112
$
138,565.28
$
64,877.30
$
670,621.10
4309.41007
4309.41009
Dublin /Silvergate
Sybase
Im vts
Traffic Signal
960003
Not Yet Assigned
CIP PROJECT #
$
55,306.60
$
62,352.41
Balance Available 711111
Fees Collected: 7/11/111-61301112
Interest 711111 - 6130112
691.91
780.06
Less 2011112 Expenditures
Refunds Per CGC 66001(e)1(f)
$
55,998.51
$
63,132.47
Ending Balance 6130112
SUMMARY TOTAL ALL PROJECTS
GRAND TOTAL
Balance Available 711111
$
547,852.44
$
325,002.76
$
746,761.94
$1,619,617.14
Fees Collected: 711/11- 6130112
0.00
0.00
0.00
0.00
Interest 711111 - 6130112
3,881.86
2,673.76
8,286.13
14,841.75
Less 2011/12 Expenditures
(237,563.64)
(111,281.65)
(84,426.97)
(433,272.26)
Refunds Per CGC 66001(e)1(f)
0.00
0.00
0.00
0.00
Ending Balance 6130112
$
314,170.66
$
216,394.87
$
670,621.10 0
$1,201,186.63
Printed: 1212/2 0124:30 PM Rename: g:VmpactfWab16001Pdmary Schedules)2012 AB1600
_10_
CITY OF DUBLIN IMPACT FEE REPORT
SECTION 6
SCHEDULE OF FUNDING FOR PUBLIC IMPROVEMENTS $ PERCENTAGE DEVELOPER FEES
LISTING OF ACCOUNTS WITH ACTIVITY JULY 1, 2011 to JUNE 30, 2012
Fiscal Year 2011- Fiscal Year TOTAL
2011
CIP # PROJECT NAME Expenditures DEVELOPER
(Developer Fee Expenditures PROJECT es EXPENDITURE FEES
Funds) (Other Funds) S (Fiscal Yr)
950007 Emerald Glen Park Recreation
and Aquatic Complex
Public Facility Fees
22,371.90
Other Fees None
0.00
Project 95007 Total
22,371.90
0.00
22,371.90
100%
950009 Passatempo Neighborhood Park
Public Facility Fees
60,409.86
Other Fees None
0.00
Project 95009 Total
60,409.86
0.00
60,409.86
100%
Positano Hills Neighborhood
950073
Park
Public Facility Fees
456,854.70
Other Fees None
0.00
Project 950013 Total
456,854.70
0.00
456,854.70
100%
TOTAL PUBLIC FACILITY FEE PROJECTS
539,636.46
0.00
539,636.46
100%
(No active Projects. Fees collected are used to repay funds advanced).
—11—
CITY OF DUBLIN IMPACT FEE REPORT
SECTION 6
SCHEDULE OF FUNDING FOR PUBLIC IMPROVEMENTS & PERCENTAGE DEVELOPER FEES
LISTING OF ACCOUNTS WITH ACTIVITY JULY 1, 2011 to JUNE 30, 2012
Fiscal Year 2011- Fiscal Year ' TOTAL
2011-2012 PROJECT % FROM
CIP # PROJECT NAME Expenditures DEVE O ER
(Developer Fee Expenditures EXPENDITURE FEES
Funds (Other Funds) S (Fiscal Yr)
Ops 8301 Downtown TIF Administration
Downtown TIF (Fund
4304:De t8301
Dept. Operating Budget Total
OP 1901 Non-Departmental- Credit Pmts
EDTIF Catl (Fund 4301) Pmts
reducing Credits Held
Non -Dept Budget Total
960001
1 -580 & Fallon Rd Interchange
Fallon Interchange Funding
IF2 -4307
Refund Fallon Interchange
Funding TIF2 -4307
Other Fees None
Project 960004 Total
960004
E. Dublin Arterial Improvements
EDTIF (Category 1
EDTIF (Category 2) ACSPA
ROW A mt -Access Rd
Other Fees None
Project 960004 Total
960022 Traffic Signal Improvements
EDTIF -Cat 2 Fund 4302
Measure B BikelPed 2205
Project 960004 Total
960025
Dougherty Rd Impvts Sierrra Ln
To North City Limits
Specific Project Mitigation
1,040.14
Fees 41005 and 41006
Dougherty Valley TIF 4305
NIA
Other Fees None
Project 960004 Total
960026 Dublin Boulevard - Sierra Court
Specific Project Mitigation
Fees 41008
Other Fees None
Project 960004 Total
TOTAL TRAFFIC IMPACT FEE PROJECTS
1,040.14
1,040.14
0.00
1,040.14
NIA
260,738.47
260,738.47
0.00
260,738.47
NIA
17,846.14
40,442.77
0.00
58,288.91
0.00
58,288.91
100%
100,332.32
100,000.00
0.00
200,332.32
0.00
200,332.32
100%
211,868.95
224,904.42
211,868.95
224,904.42
436,773.37
49%
348,845.29
26,703.53
0.00
375,548.82
0.00
375,548.82
100%
84,426.97
0.00
84,426.97
100%
84,426.97
1,192,244.58
224,904.42
1,417,149.00
84%
-12-
RESOLUTION NO. -12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
MAKING FINDINGS REGARDING UNEXPENDED
TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2011 -2012
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 Fiscal Year 2012 - 2017 Five Year Capital
Improvement Program and include the improvements described below:
2. The four fees and their associated projects described in the recital above are referred to as the
"Four Traffic Improvements."
Findings
The City Council finds, on the basis of the foregoing Recitals, that:
A. The contributions which have been collected for the Four Traffic Improvements will remain
unexpended after Fiscal Year 2011 -2012.
B. The contributions which have been collected for the Four 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 Four Traffic
Improvements, as described above and in the 2012 — 2017 Capital Improvement Program.
D. The contributions were collected to make the Four Traffic Improvements, which improvements
will mitigate traffic impacts caused by the new development projects which paid the fees.
E. The contributions which have been collected for the Four Traffic Improvements are needed for
construction of the Four Traffic Improvements.
PASSED, APPROVED, AND ADOPTED this 18th day of December 2012.
AYES:
NOES:
ATTACHMENT 2
Unexpended Developer
Source of Fee
Fees as of June 30, 2012
1. Project Specific Mitigation: Dougherty Road Improvements -
Houston Place North to Amador Valley Blvd (Combined in new
$ 3,299
C I P #960025)
2. Project Specific Mitigation: Dublin Blvd. Improvements —
$424,619
Sierra Court to Dublin Court (CIP #960026)
3. Project Specific Mitigation: Scarlett Drive Extension
Between Dublin Blvd and Dougherty Road (CIP# Future
$ 28,802
Project)
4. Downtown Traffic Impact Fees: - Various Projects identified
$159,115
in the Fee Resolution.
2. The four fees and their associated projects described in the recital above are referred to as the
"Four Traffic Improvements."
Findings
The City Council finds, on the basis of the foregoing Recitals, that:
A. The contributions which have been collected for the Four Traffic Improvements will remain
unexpended after Fiscal Year 2011 -2012.
B. The contributions which have been collected for the Four 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 Four Traffic
Improvements, as described above and in the 2012 — 2017 Capital Improvement Program.
D. The contributions were collected to make the Four Traffic Improvements, which improvements
will mitigate traffic impacts caused by the new development projects which paid the fees.
E. The contributions which have been collected for the Four Traffic Improvements are needed for
construction of the Four Traffic Improvements.
PASSED, APPROVED, AND ADOPTED this 18th day of December 2012.
AYES:
NOES:
ATTACHMENT 2
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
CITY OF DUBLIN
BUDGET CHANGE FORM FISCAL YEAR 2012/2013
BUDGET CHANGE #
New Appropriations (City Council Approval Required): Budget Transfers:
X From Unappropriated Reserves From Budgeted Contingent Reserve
East Dublin Traffic Impact Fee — Category 1 Within Same Department Activity
From New Revenues Between Departments (Council Approval Req'd)
Other
REASON FOR BUDGET CHANGE ENTRY:
At the December 18, 2012 City Council meeting, the City Council received a report regarding
Developer Mitigation Fees and amounts that were expected to be distributed to certain holders of
Credits and Rights to Reimbursements. These disbursements are expensed under (CIP
#960004), Eastern Dublin Arterial Improvements. The amount budgeted for Holders of Rights to
Reimbursement is $270,000 and $26,176 is budgeted for Tassajara Interchange Impact Fee
Credit Holders. This Budget Change will appropriate a total of $296,176 from this TIF 1 reserves
to finance projected disbursement in Fiscal Year 2012/2013.
As Presented at the City Council Meeting on: Date: 12/18/2012
################ #(Finance Use Only)#################
Posted By: Date:
City Council Minutes Excerpt Attached Reviewed By:
G: \Budget Changes \5_2012 -13 \11_12_18_12 CIP960004_E_ Dublin _Arterial_Disbursements.docx ATTACHMENT 3
Name: Eastern Dublin Arterial
Improvements — Streets CIP Projects
— Impact Fee Obligations
$270,000
GL Acct #: 3600.9601.81999
Project Acct #: 960004.9600.9509.4301
Name: Eastern Dublin Arterial
Improvements — Streets CIP Projects
— Impact Fee Obligations
26,176
GL Acct #: 3600.9601.81999
Project Acct #: 960004.9600.9509.4301
TRANSFERSIN
TRANSFERS OUT
Name: TIF 1 Fund — Streets CIP
Name: TIF 1 Fund — Streets CIP
Project — Transfer In
Project — Transfer Out
$296,176
$296,176
GL Acct #: 3600.9601.49999
GL Acct #: 4301.9601.89101
Project Acct #: 960004.9509
REASON FOR BUDGET CHANGE ENTRY:
At the December 18, 2012 City Council meeting, the City Council received a report regarding
Developer Mitigation Fees and amounts that were expected to be distributed to certain holders of
Credits and Rights to Reimbursements. These disbursements are expensed under (CIP
#960004), Eastern Dublin Arterial Improvements. The amount budgeted for Holders of Rights to
Reimbursement is $270,000 and $26,176 is budgeted for Tassajara Interchange Impact Fee
Credit Holders. This Budget Change will appropriate a total of $296,176 from this TIF 1 reserves
to finance projected disbursement in Fiscal Year 2012/2013.
As Presented at the City Council Meeting on: Date: 12/18/2012
################ #(Finance Use Only)#################
Posted By: Date:
City Council Minutes Excerpt Attached Reviewed By:
G: \Budget Changes \5_2012 -13 \11_12_18_12 CIP960004_E_ Dublin _Arterial_Disbursements.docx ATTACHMENT 3