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CITY CLERK
File # Db2][mrm-~[Q]
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 24, 1995
SUBJECT:
Annual Report of Developer Capital Improvement Fund Deposits:
noPursuant to Government Code Section 66001 (AB 1600)
W-f'Report Prepared by: Paul S. Rankin, Assistant City Manager
1. / Capital Impact Fee Report
2. / Historical Analysis of When Fees Were Collected
3. / Resolution Making Findings Regarding Unexpended
Developer Deposits For Public Improvements
RECOMMENDATION.~lt~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.
EXHIBITS ATTACHED:
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 1994/95.
. The law requires the City to review on an annual basis the status of Development Mitigation fees
collected. Staff has previously made available to the public a Draft copy of this report on October 3,
1995. In the event that any fees remain unexpended for more than five years, the City Council must
adopt a Resolution making certain fmdings. In the event that the fmdings 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 important to note that the
expenditures for the improvement project may involve contributions from other Funds. For example, the
recently completed Dougherty Road Improvements including the Sierra Lane Signal (project 9655) was
not totally funded by Developer Contributions. The project also had contributions from the General Fund,
Grant Funds, and Special Revenue Funds. The Developer contributions only accounted for approximately
20% of the fmal total project cost. The information presented in the attachments to this report identify the
status ofDevel6per Contributions as well as other funds accounted for in Fund 300 (Capital Improvement
Fund). For example, settlement funds received from BART are accounted for in this fund although they
are not subject to the same requirements as AB 1600. 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, 1995 CAFR is anticipated to be complete in the next 60 days.
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COPIES TO:
FlAB 1600\9Sagnda.doc
ITEM NO. 44-
Attachment #1 contains a breakdown of the accounts as of June 30, 1995. All accounts which had a C
positive balance at year end were also allocated a pro-rata share of interest. The interest is combined with
any fees collected and will be used to finance the identified project. There are four projects where the fees
collected to date are insufficient to cover the expenses already recorded. In each case the General Fund e...
has advanced monies to the Capital Improvement Fund to fmance recorded expenditures. Once Developer . . .
fees are collected the General Fund will be repaid. The following are projects with a deficit balance:
Account / Project
Amount of Deficit
as of June 30,1995
331-001 Dublin Blvd.
( $ 115,715.59)
331-014
Dublin/Silvergate
($ 110,795.71)
331-015 Public Facility
Fee Study
($ 7,119.43)
331-016 East Dublin
Traffic Impact Fee
Study
($ 30,133.85)
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Anticipated Repayment Source
BART Mitigation Funds. MOU providing for the receipt of
the funds is anticipated to be presented to the City Council
within 60 days. Although accounted for in this fund these
monies will be collected in accordance with a Settlement
Agreement and are not subject to AB 1600.
The City advanced construction of the improvements based
upon off-site contributions required of the residential projects
now underway by Warmington Homes and Kaufman &
Broad.
The City Council initiated a study to determine an appropriate
Public Facility Fee. Once adopted the cost of the Study will
be repaid by fees collected.
The City Council initiated a study to determine an apprOPri..
Traffic Impact Fee for the Eastern 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 currently recorded as Deferred
Revenues.
As shown in attachment 2, Staff has 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
the Dublin Meadows Project. These deposits were also identified in the 1993/94 Annual Report. The
City Council previously adopted Resolution 101-94 which identified the findings necessary for Fiscal
Year 1994/95, 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 the fees collected for Fiscal
. Year 1995/96. 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
1994-1999. 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, these fees are part of the
necessary financing to ultimately construct the improvements.
thStaff would reficommdi end that the City Council accept the Annual Report and adopt the Resolution making ..
e necessary m ngs.
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AS 1600 Account BlIllInces
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CITY OF DUBLIN CAPITAL IMPACT FEE REPORT 1994/95
IN ACCORDANCE WITH GOVERNMENT CODE SECTION 66006
Prepared September 18,1995 and Detailing Activity From July 1, 1994 - June 30,1995
331-001 331-005 331-006 331-007 331-008 331-010
Dublin Blvd. Dougherty/ Rd Parallel Parallel Rd Dougherty Rd Village Pkwy
Widening Sierra Signal SP ROW I 68G-Regional n/oAVS Signals
CIP PROJECT # 9696 9655 9686 9687 9689 9656
Balance Available 711/94 $72,991.06 $41,449.26 $15,910.15 $35,142.04 $11,968.54 $20,850.14
Fees Collected: 7/1/94- 6130/95 $10,840.00 $1,558.00 $0.00 $39,610.00 $0.00 $21,270.00
Interest $0.00 $0.00 $652.88 $3,067.48 $491.13 $1,728.42
Less 1994/95 Expenditures ($199,546.65) ($43,007.26) $0.00 $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. ($115,715.59)
Balance Available 6130/95 $0.00 $16,563.03 $77,819.52 $12,459.67 $43,848.56
. 331-015 331-016
331-011 331-012 331-013 331-014
Dublin Blvd Downtown Dougherty Rd Dublin/Silvergate Public Facility East Dublin
Sierra-Clark TIF Study SPRR to AVB Impvts Fee Study TIF Study
CIP PROJECT # 9692 9648 9685 9601 9450 9649
Balance Available 7/1/94 $1,047.71 $17,491.10 $0.00 ($110,795.71) $0.00 $0.00
Fees Collected: 7/1/94- 6/30/95 $5,863.00 $0.00 $285.00 $0.00 $0.00 $0.00
Interest $283.58 $412.73 $11.70 $0.00 $0.00 $0.00
Less 1994/95 Expenditures $0.00 ($7,433.12) $0.00 $0.00 ($7,119.43) ($30,133.85)
Refunds Per eGC 66001 (e)/(f) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Revenue To Be Collected. ($110,795.71) ($7,119.43) ($30,133.85)
Balance Available 6/30/95 $7,194.29 $10,470.71 $296.70
Funds On Hand At 6/30/95
Future Fees To Be Collected
TOTAL ALL PROJECTS AS OF 6/30/95
$168,652.48
($263,764.58)
. 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.
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A IT ACHMENT 1
10 of AB1600 Funds Held 5 Yrs
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Historical Analysis Of When Capital Improvement Funds Were Collected
To Compy With Tracking Status of Funds CGC 66001(d)
Prepared September 1995
331-001 331-005 331-006 331-007 331-008 331-010
Dublin Blvd. Dougherty/ Rd Parallel Parrellal Rd Dougherty Rd Village Pkwy
Widening Sierra Signal SP ROW I 680-Regional nlo AVB Signals
CIP PROJECT # 9696 9655 9686 9687 9689 9656
I Funds Collected 1989/90 $0.00 $0.00 $12,400.00 I $4,800.00 I $9,328.00 I $0.00
Funds Collected 1991/92 $0.00 $4,928.13 $0.00 $0.00 $0.00 $0.00
Funds Collected 1992/93 $11,322.86 $0.00 $0.00 $0.00 $0.00 $6,377.00
Funds Collected 1993/94 $38,710.00 $34,140.00 $0.00 $27,940.00 $0.00 $13,425.00
Interest (Adjusted All Prior Years) $22,958.20 $2,381.13 $3,510.15 $2,402.04 $2,640.54 $1,048.14
Funds Collected 1994/95 $10,840.00 $1,558.00 $0.00 $39,610.00 $0.00 $21,270.00
Interest $0.00 $0.00 $652.88 $3,067.48 $491.13 $1,728.42
TOTAl FUNDS COLLECTED $83,831.06 $43,007.26 $16,563.03 $77,819.52 $12,459.67 $43,848.56
LESS: Prior Expenditures
LESS: 1994/95 Expenditures ($199,546.65) ($43,007.26) $0.00 $0.00 $0.00 $0.00
Balance AVAILABLE ($115,715.59) ($0.00) $16,563.03 $77,819.52 $12,459.67 $43,848.56
Does Account Have Funds Unexpended
For More Than 5 Years After Collection NO NO YES YES YES NO .
Amount Held 5 Years (excluding Interest) $12,400.00 $4,800.00 $9,328.00
331-011 331-012 331-013 331-014 331-015 331-016
Dublin Blvd Downtown Dougherty Rd DublinlSilvergate Public Facility East Dublin
Sierra-Clari< TIF Study SPRR to AVB Impvts Fee Study TIF Study
CIP PROJECT # 9692 9648 9685 9601 9450 9649
'Funds Collected 1989/90 $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 $1.010.00 $16,861.50 $0.00 $0.00 $0.00 $0.00
Interest (Adjusted All Prior Years) $37.71 $629.60 $0.00 $0.00 $0.00 $0.00
Funds Collected 1994/95 $5,863.00 $0.00 $285.00 $0.00 $0.00 $0.00
Interest $283.58 $412.73 $11.70 $0.00 $0.00 $0.00
TOTAl FUNDS COLLECTED $7,194.29 $17,903.83 $296.70 $0.00 $0.00 $0.00
LESS: Prior Expenditures
LESS: 1994/95 Expenditures $0.00 ($7,433.12) $0.00 $0.00 ($7,119.43) ($30,133.85)
Balance AVAIlABLE $7,194.29 $10,470.71 $296.70 $0.00 ($7,119.43) ($30,133.85)
Does Account Have Funds Unexpended
For More Than 5 Years After Collection NO NO NO NO NO NO
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ATTACHMENT 2
e:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
...............................................
MAKING FINDINGS REGARDING UNEXPENDED IMPACT FEES
FOR FISCAL YEAR 1995-96
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 1994-1999 Capital Improvement Program and include the improvements
described in Recitals numbered 2 through 4 below.
2. Road Parallel to Southern Pacific Ri2ht~of- Way - DOU2herty Road to Dublin Boulevard. Project
#9686 - Deposit #1000-331-006 .
This project would provide a 4-lane roadway connection between Dougherty Road and Dublin
Boulevard (parallel to the Southern Pacific Railroad Right-of-Way). As of June 30, 1995, the total
amo~t of funds collected for this project is $12,400.00. This amount was collected by the City on
January 2, 1990.
e3.
This project will not be needed until development in the Dougherty Valley (Contra Costa County)
occurs and until the future East DublinJPleasanton 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 1996.
New Street Parallel to and South of Dublin Boulevard. Project #9687 - Deposit #1000~331~007
This project will construct a 2-lane roadway between Golden Gate Drive and Regional Street south
of and parallel to Dublin Boulevard. As of June 30,1995, the total amount of funds collected for
this project is $72,350.00. Of this amount, $4,800.00 was collected by the City on January 2,
1990.
This project will be needed when the West Dublin/Pleasanton BART station is constructed.
Although funding is not in place for construction of the West Dublin/Pleasanton BART station,
BART is constructing the extension presently and is still committed to constructing the West
DublinJPleasanton BART station when the funding is available.
This project will also be needed when the 1-58011-680 Measure B Interchange Improvements are
constructed. Hook ramps are presently planned which will terminate in the Central Business
District. It is anticipated that these improvements will be constructed by 1998.
4. Dougherty Road Improvements (Amador Valley Boulevard North to City Limits) Proiect #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, 1995, the total amount of funds collected for
this project is $9,328.00. This amount was collected by the City on January 2, 1990.
e
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. Although development has not yet occurred in Dougherty Valley, it is anticipated that
development will occur within the next several years.
'"
5.
The three projects described in Recitals 2-4 above are referred to as the "Three Traffic
Improvements. "
All of the fees described above and unexpended after 5 years (paragraphs 2-4) 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 Three Traffic Improvements. Resolution No. 33-89 further
found that the pwpose of the fees was to mitigate the traffic impacts caused by the Dublin
Meadows project by construction of the Three Traffic Improvements.
Findin2s
6.
The Council finds, on the basis of the foregoing Recitals, that:
A. The fees which have been collected for the Three Traffic Improvements will remain unexpended
in Fiscal Year 1995-96;
B. The fees which have been collected for the Three 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 Three Traffic Improvements, as
described above and in the 1994-1999 Capital Improvement Program;
D.
E.
The fees were collected to make the Three Traffic Improvements, which improvements will
mitigate traffic impacts caused by the Dublin Meadows Project; and
.
The fees which have been collected for the Three Traffic Improvements are needed for
construction of the Three Traffic Improvements.
PASSED, APPROVED, AND ADOPTED THIS
AYES:
NOES:
ABSENT:
day of
ABSTAIN:
ATTEST:
Mayor
City Clerk
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g:Agenda\Rcso\ResoTraf.doc