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HomeMy WebLinkAboutItem 8.5 Public Facilities Fee CITY CLERK File # Dt2B1~-~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 3, 2007 SUBJECT: Resolution Expressing the City's Intent to Adjust the Amount of the Existing Public Facilities Fee That Is Imposed Pursuant to Chapter 7.78 of the Dublin Municipal Code Report prepared by John Bakker, Assistant City Attorney ATTACHMENTS: 1) Resolution No. 214-02 2) Proposed Resolution Expressing the City's Intent to Adjust the Amount of the Existing Public Facilities Fee RECOMMENDATION: Adopt resolution FINANCIAL STATEMENT: See below. DESCRIPTION: The proposed Resolution (Attachment 2) notifies developers and other interested persons of the amount, nature and basis for anticipated update to the City's existing Public Facilities Fee, which was established by Chapter 7.78 of the Municipal Code and was last updated in 2002 by Resolution No. 214-02. The City added Chapter 7.78, establishing the Public Facilities Fee, to the Municipal Code in 1994. The Public Facilities Fee funds the acquisition and improvement of parks, community, recreation, library, and administrative facilities necessitated by the City's new development. The City adopted the first resolution setting the amount of the Public Facilities Fee in 1996. The base fee has been revised twice since then, most recently in 2002 by Resolution No. 214-02 (Attachment 1). Under Resolution No. 214-02 and its predecessors, between updates, the Public Facilities Fee is automatically adjusted for inflation to reflect changes in the Construction Cost Index and in the costs of acquiring land, which are based on composite appraisals prepared by the City, which must be prepared at least once every three years. For several reasons, the City anticipates updating the Public Facilities Fee in the near future. At the Council's March 20, 2007 meeting, the City Council reviewed a Workspace Programming Study for the Civic Center and approved the recommended alternative in the Workspace Programming Study. The expansion of the Civic Center is necessary primarily because of new development. Additionally, the Public Facilities Fee study has not been revised since 2002 to determine the reasonableness of the construction costs estimates, the estimated costs of land acquisition are reasonable, and new development projections. City staff believes that the fee study should be updated to reflect additional information that has become available since the study was last updated in 2002. The imposition of the anticipated fee updates will require compliance with the applicable procedural requirements, which is anticipated to take a substantial amount of time. Among other things, this will require the preparation of a detailed fee study setting out the estimated costs of the facilities funded by the COPY TO: Property Owners File ITEM NO. 'D5 Page 1 of2 C:\Documents and Settings~onip\Local Settings\Temporary Internet Files\OLK8 I \Staff Report_ Resolution ofIntent to Adjust Public Facilities Fee (2).DOC C/ fee, estimating future growth, and allocating the costs of the facilities among existing development and the various categories of residential and non-residential development. At the conclusion of the fee adjustment process, the City would adopt a new Public Facilities Fee resolution, and the revised fee would become effective 60 days later. The Council's adoption of the proposed Resolution will notify developers and other interested persons of the City's intention to initiate proceedings to adjust the Public Facilities Fee. The purpose of the proposed Resolution is to enable developers who intend to invest substantial time and resources in a project to predict with at least some degree of assurance the amount of the development impact fee when the time comes to pay the fee. (Kaufman & Broad Central Valley, Inc., v. City of Modesto, 25 Cal.AppAth 1577 (1994).) Under the Subdivision Map Act, subdividers may file vesting tentative maps. The effect of the filing and approval of a vesting tentative map is to lock in the laws and policies that were in effect at the time that the application was "deemed complete." Absent the adoption ofthe proposed Resolution, subdividers that file vesting tentative map applications prior to the adjusted Public Facilities Fee becoming effective would be in a position to argue that their developments are not subject to the adjusted fees pursuant to such vesting tentative maps, since the fees were not in effect at the time that the subdividers' applications were deemed complete. On the other hand, if the Council adopts the proposed Resolution, developers filing tentative map applications, after the adoption of proposed Resolution and prior to the adjusted Public Facilities Fee becoming effective, would be subject to the adjusted Fee. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Expressing the City's Intent to Adjust the Amount ofthe Existing Public Facilities Fee (Attachment 2). 952448_1.DOC Page 2 of2 I \ RESOLUTION NO. 214 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* REVISING THE PUBLIC FACILITIES FEE FOR FUTURE DEVELOPMENTS WITmN THE CITY OF DUBLIN RECITALS WHEREAS, the City Council of the City of Dublin has adopted Dublin Municipal Code Chapter 7.78 creating and establishing the authority for imposing and charging a Public Facilities Fee ("Fee") to pay for municipally owned public facilities within "Eastern Dublin" and within the jurisdictional limits of the City of Dublin (excluding areas within Eastern Dublin); and WHEREAS, the Eastern Dublin General Plan Amendment ("GP A") and Specific Plan ("SP") were adopted by the City in 1993; and WHEREAS, the GP A outlines future land uses for approximately 4176 acres within the City's eastern sphere of influence including approximately 13,906 dwelling units and 9.737 million square feet of commercial, office, and industrial development; and WHEREAS, the SP provides more specific detailed goals, policies and action programs for approximately 3313 acres within the GP A area nearest to the City; and WHEREAS, the GPA and SP areas ("Eastern Dublin") are depicted on the Land Use Map contained in the General Plan (attached hereto as Exhibit A); and WHEREAS, a Program Environmental Impact Report ("EIR") was prepared for the GP A and SP (SCHNo. 91103604) and certified by the Council on May 10, 1993 by Resolution No. 51-93, and two Addenda dated May 4, 1993 and August 22, 1994 ("Addenda") have been prepared and considered by the Council; and WHEREAS, the Parks and Recreation Master Plan was adopted by the Council on July 25, 1994, by Resolution No. 77-94, and the Emerald Glen Park Master Plan was approved by the City Council on June 16, 1998 ("Park Master Plans"); WHEREAS, the City approved a Library Planning Task Force Report, dated April 1993, and a subsequent Library Planning Task Force Report dated September 1998 ("Library Reports"); and WHEREAS, the City has approved a Civic Center Programming Document ("Civic Center Report") dated November 1986; and WHEREAS, the City has approved a Dublin Senior Center Feasibility Study ("Senior Center Study"), dated February 4, 2002; and 1 ATTACHlVIENT 1 -6,S- '1-'3..07 2-0'2)\\ WHEREAS, the Park Master Plans, Library Reports, Civic Center Report, Senior Center Study, SP, EIR and Addenda describe the municipal public facilities necessary for implementation of the GP A and SP, including completion of City office space, construction of a library, acquisition and construction of parks and community facilities; WHEREAS, the EIR and Addenda assumed that certain municipal public facilities would be constructed and that development within Eastern Dublin would pay its proportionate share of such facilities; and WHEREAS, the City Council adopted a "Mitigation Monitoring Program: Eastern Dublin Specific Plan/General Plan Amendment" by Resolution No. 53-93 which includes mitigation measures to assure that development within Eastern Dublin pays its proportionate share of municipal public facilities necessary to mitigate impacts caused by development within Eastern Dublin; and WHEREAS, the Park Master Plans, Library Reports, Civic Center Report, Senior Center Study, GP A, SP, EIR and Addenda describe the impacts of contemplated future development on existing public facilities in the City of Dublin and Eastern Dublin through the year 2025, and contain an analysis of the need for new municipal public facilities required by future development within Dublin and Eastern Dublin; and WHEREAS, the City Council adopted Resolution No. 32-96 on March 26, 1996 establishing a "Public Facilities Fee" for development within Dublin and Eastern Dublin; and WHEREAS, Resolution No. 32-96 relies upon and incorporates a report prepared for the City of Dublin by Recht Hausrath & Associates, in a document dated March 1996 and entitled "City of Dublin Public Facilities Fee Justification Study" (hereafter "Study"); and WHEREAS, in 1999, the City Council adopted Resolution No. 60-99 revising the Public Facilities Fee" to reflect changes since the adoption of resolution No. 32-96; and WHEREAS, Resolution No. 60-99 superceded Resolution No. 32-96 and incorporated and relied on a report prepared by Hausrath Economics Group, dated October 14,2002 and entitled "Public Facilities Fee Study, 1998 Update" (hereafter "1998 Study Update"); and WHEREAS, Section 9 of Resolution No. 60-99 provides that the City will periodically review the Public Facilities Fee and make revisions as appropriate; and WHEREAS, the City has retained MuniFinancial to assist the City in again reviewing and updating the Public Facilities Fee; and WHEREAS, MuniFinancial prepared a report dated October 14, 2002 and entitled "City of Dublin Public Facilities Fee Study Update" (hereafter "Study Update"), which is attached as Exhibit B; and WHEREAS, Resolution Nos. 32-96 and 60-99, in reliance on the Study and the 1998 Study Update, set forth the relationship between future development in Dublin and Eastern Dublin, the needed public facilities and improvements, and the estimated cost of those public facilities and improvements; and 2 ~ \ WHEREAS, the Study Update relies on previous studies and demonstrates the appropriateness of modifying the Public Facilities Fee in certain respects, primarily (1) to update cost information for parkland acquisition, (2) to update cost information for parkland development; and (3) to update cost information for community buildings, such as the aquatic center, library building, and civic center expansion; and WHEREAS, the Study Update was available for public inspection and review for ten days prior to this public hearing; and FINDINGS WHEREAS, the City Council finds as follows: A. The purpose of the Public Facilities Fee (hereafter "Fee'~) is to finance municipal public facilities to reduce the impacts caused by future developments in the City of Dublin and in Eastern Dublin. Such facilities, which are specifically described in the study, include the following: completion of the Civic Center office space; construction of a new library; relocation and expansion of the existing senior center; acquisition and construction of neighborhood and community parks and community buildings (including a community theater, a community center, a recreation center and an aquatic center). The public facilities described in the study are hereinafter referred to as the "Facilities". B. The Fees collected pursuant to this resolution shall be used to finance the Facilities. C. After considering the Study, the Study Update, the testimony received at this noticed public hearing, the Agenda statements, the General Plan, the Park Master Plans, the Library Reports, the Civic Center Report, the Senior Center Study, the GP A, the SP, the EIR and Addend~ and all correspondence received (hereafter "record") the Council approves and adopts the Study Update, and incorporates such herein, and further finds that the future development in the City of Dublin and in Eastern Dublin will generate the need for the Facilities and the Facilities are consistent with the City's General Plan, the Park Master Plans, the Library Reports, the Civic Center Report, the Senior Center Study, the GP A and the Eastern Dublin Specific Plan. D. The adoption of the Fee as it relates to development within Eastern Dublin is within the scope of the EIR and Addenda. The Facilities were all identified in the EIR as necessary to accommodate development in Eastern Dublin. The impacts of such development, including the Facilities, were adequately analyzed at a Program level in the EIR. Since the certification of the EIR there have been no substantial changes in the projections of future development as identified in the ErR, no substantial changes in the surrounding circumstances, and no other new information of substantial importance so as to require important revisions in the EIR's analysis of impacts, mitigation measures, and alternatives. Subsequent project-specific environmental review under CEQA of the Facilities will be required before any such Facilities are approved. It is not feasible to provide project specific environmental review of the Facilities at this stage, as they will be implemented over at least a 30-year period and specific details as to their timing, construction and precise location are not presently known. E. The adoption of the Fee as it relates to development within the City of Dublin (excluding Eastern Dublin) is to obtain funds for capital projects necessary to maintain service within the existing service areas; that the City currently provides neighborhood and community park services, community and recreation facilities services, and civic center services; that the City and the Alameda County Library 3 L\ \ \ System currently provide library services; that the public facilities fee will be used to maintain current service levels; and that existing deficiency costs are not included in the fee. As such, the Fee as it relates to development within the City (excluding Eastern Dublin) is not a "project" within the meaning of CEQA (Public Resources Code ~ 21080(b)(8)(D)). F. In adopting the Fee, the Council is exercising its powers under Article XI, section 7 of the California Constitution. G. The record establishes: 1. That there is a reasonable relationship between the need for the Facilities and the impacts of the types of development for which the corresponding fee is charged in that new development in the City of Dublin and in Eastern Dublin - both residential and non-residential- will generate persons who live, work and/or shop in Dublin and Eastern Dublin and who generate or contribute to the need for the Facilities; and 2. That there is a reasonable relationship between the Fee's use (to pay for the construction of the Facilities) and the type of development for which the Fee is charged in that all development in the City of Dublin and in Eastern Dublin - both residential and non-residential- generates or contributes to the need for the Facilities; and 3. That there is a reasonable relationship between the amount of the Fee and the cost of the Facilities or portion thereof attributable to development in the City of Dublin and in Eastern Dublin in that the Fee is calculated based on the number of residents or employees generated by specific types of land uses, the total amount it will cost to construct the Facilities, and the percentage by which development within the City of Dublin and within Eastern Dublin contributes to the need for the Facilities; and 4. That the cost estimates set forth in the Study Update, the September 1998 Library Planning Task Force Report, the Park Master Plans, and the Senior Center Study are reasonable cost estimates for constnIcting the Facilities, and the Fees expected to be generated by future development will not exceed the projected costs of constnIcting the Facilities; and 5. The method of allocation of the Fee to a particular development bears a fair and reasonable relationship to, and is roughly proportional to, each development's burden on, and benefit from, the Facilities to be funded by the Fee, in that the Fee is calculated based on the number of residents or employees each particular development will generate. H. The Study Update is a detailed analysis of how public services will be affected by development in the City of Dublin and in Eastern Dublin, the existing deficiencies and the public facilities required to accommodate that development and those deficiencies. 4 ADOPTION OF FEE I \ NOW THEREFORE, the City Council of the City of Dublin does RESOLVE as follows: 1. Definitions. a. "Commercial" shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for facilities for the purchase and sale of commodities and services and the sales, servicing, installation, and repair of such commodities and services and other space uses incidental to these activities. Commercial land uses include but are not limited to: apparel and clothing stores; auto dealers and malls; auto accessories stores; banks and savings and loans; beauty salons; book stores; discount stores and centers; dry cleaners; drug stores; eating and drinking establishments; furniture stores and outlets; general merchandise stores; hardware stores; home furnishings and improvement centers; hotel/motels; laundromats; liquor stores; restaurants; service stations; shopping centers; supermarkets; and theaters. b. "Development" shall mean the construction, alteration or addition of any building or structure within the City of Dublin and within Eastern Dublin. c. "Eastern Dublin" shall mean all property east of the "Eastern Extended Planning Area Boundary" on the Land Use Map (Exhibit A hereto). d. "Facilities" shall include those municipal public facilities as are described in the Study, the 1998 Study Update, and the Study Update and as described in the Park Master Plans, the September 1998 Library Planning Task Force Report, the Civic Center Report, the Senior Center Study, SP, EIRand Addenda. "Facilities" shall also include comparable alternative facilities should later changes in projections of development in the region necessitate construction of such alternative facilities; provided that the City Council later determines (1) that there is a reasonable relationship between development within the City of Dublin and within Eastern Dublin and the need for the alternative facilities (2) that the alternative facilities are comparable to the facilities in the Study Update, and (3) that the revenue from the Fee will be used only to pay new development's fair and proportionate share of the alternative facilities. e. "Industrial" shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for the manufacture, production, assembly, and processing of consumer goods and other space uses incidental to these activities. Industrial land uses include but are not limited to: assembly; concrete and asphalt batching plants; contractor's storage yards; fabrication; lumber yard; manufacturing; outdoor stockyards and service yards; printing; processing; warehouse and distribution; and wholesale and heavy commercial uses. f. "Multiple Family" shall mean any dwelling unit as defined in the Uniform Building Code, as adopted by the City, which is constructed on property designated in the General Plan or SP for 6.1 or more units (whether attached or detached) per acre. g. "Office" shall mean any development constructed or to be constructed on land having a General Plan land use or zoning designation for general business offices, medical and professional offices, administrative or headquarters offices for large wholesaling or manufacturing operations, and research and development and other space uses incidental to these activities. Office land 5 lD \ uses include but are not limited to: administrative headquarters; business park; finance offices; insurance offices; legal offices; medical and health services offices; offices and office buildings; professional and administrative offices; professional associations; real estate offices; research and development and travel agencies. h. "Single Family" shall mean a dwelling unit as defined in the Uniform Building Code (UBC), as adopted by the City of Dublin, which is constructed or to be constructed on property designated in the General Plan or SP for 6 or fewer units (whether attached or detached) per acre. i. "Western Dublin" shall mean only the property within the Schaefer Ranch General Plan Amendment area. 2. Public Facilities Fee Imposed. a. A Public Facilities Fee ("Fee") shall be charged and paid for each Single Family and Multiple Family residential unit within the City of Dublin and within Eastern Dublin when the Certificate of Occupancy for the unit is issued, provided that the Fee shall be payable when the building permit is issued for any such unit from and after the date the City Council approves a Capital Improvement Program for the Facilities. b. A Fee shall be charged and paid for non-residential buildings or structures within the City of Dublin and within Eastern Dublin when the building permit is issued for construction of such building or structure. c. A fee shall be charged and paid for non-residential development for any addition to an exiting building or structure if the addition exceeds 500 square feet. d. Any use of land which is not included in the definition of "Commercial," "Industrial," or "Office" shall be allocated by the Community Development Director to one of the three categories, maintaining as much consistency as possible with the definitions of such terms. 3. Amount of Fee. The amount of the Fee shall be as set forth on Exhibit C attached hereto and incorporated herein. Each component of the Fee shall be considered to be a separate fee. 4. Exemptions From Fee. a. The Fee shall not be imposed on any of the following: (1 ) Any alteration or addition to a residential structure, except to the extent that a residential unit is added to a single family residential unit or another unit is added to an existing multi-family residential unit; (2) Any replacement or reconstruction of an existing residential structure that has been destroyed or demolished provided that the building permit for reconstruction is obtained within one year after the building was destroyed or demolished unless the replacement or reconstruction increases the square footage of the structure fifty percent or more. 6 1 cb' \ (3) Any replacement or reconstruction ofan existing non-residential structure that has been destroyed or demolished provided that the building permit for new reconstruction is obtained within one year after the building was destroyed or demolished and there is no change in the land use designation of the property (as between Commercial, Office and Industrial). (4) Any non-residential building or structure constructed on property on which a building or structure was demolished for which the Fee had been paid within the prior ten year period, provided the exemption shall be in the amount of the previously-paid Fee only and the applicant shall pay any additional amount based on the then-current Fee. 5. Use of Fee Revenues. a. The revenues raised by payment of the Fee shall be placed in the Capital Project Fund. Separate and special accounts within the Capital Project Fund shall be used to account for such revenues, along with any interest earnings on each account. The revenues (and interest) shall be used for the following purposes: (1) To pay for design, engineering, right-of-way or land acquisition and construction of the Facilities and reasonable costs of outside consultant studies related thereto; (2) To reimburse the City for the Facilities constructed by the City with funds from other sources including funds from other public entities, unless the City funds were obtained from grants or gifts intended by the grantor to be used for the Facilities. (3) To reimburse developers who have designed and constructed Facilities which are oversized with supplemental size, length, or capacity; and (4) To pay for and/or reimburse costs of program development and ongoing administration of the Fee program. b. Fees in these accounts shall be expended only for the Facilities and only for the purpose for which the Fee was collected. 6. Standards. The standards upon which the needs for the Facilities are based are the standards of the City of Dublin, including the standards contained in the General Plan, the Park Master Plans, the Library Reports, the Civic Center Report, the Senior Center Study, the GPA, SP, ErR, and Addenda. 7. Existing Deficiencies. The Study and 1998 Study Update identify existing deficiencies and calculate the . deficiency for community parks, community buildings, and library space. The City Council shall by resolution identify funding sources for the existing deficiencies. 7 8. Periodic Review. \ \ a. During each fiscal year, the City Manager shall prepare a report for the City Council, pursuant to Government Code section 66006, identifying the balance of Fees in each account. b. Pursuant to Government Code section 66002, the City Council shall also review, as part of any adopted Capital Improvement Program each year, the approximate location, size, time of availability and estimates of cost for all Facilities to be financed with the Fee. The estimated costs shall be adjusted in accordance with appropriate indices of inflation. The City Council shall make findings identifying the purpose to which the existing Fee balances are to be put and demonstrating a reasonable relationship between the Fee and the purpose for which it is charged. 9. Subsequent Analysis and Revision of the Fee. The Fee established herein is adopted and implemented by the Council in reliance on the record identified above. The City will continue to conduct further study and analysis to determine whether the Fee should be revised. When additional information is available, the City Council shall review the Fee to determine that the amounts are reasonably related to the impacts of development within the City of Dublin and within Eastern Dublin. The City Council may revise the Fee to incorporate the fmdings and conclusions of further studies and any standards in the GP A, SP, Park Master Plans, Library Reports, Civic Center Report, Senior Center Study and General Plan, as well as increases due to changes in construction costs and land values. The City will evaluate land values through an appraisal at least every three (3) years. 10. Automatic Adjustment in Fee. The purpose of this section is to provide for an automatic annual adjustment to the Fee in years when the City Council does not revise the Fee pursuant to Section 9 above. The City Manager shall adjust the Fee automatically, effective July 1,2003 and each July 1 thereafter, as follows: a. The costs of construction ofthe Facilities (as shown on Table 3.7 for parks; Table 4.4 for community/recreation facilities (including the aquatic center); Table 5.4 for library facilities; Table 6.3 for Civic Center expansion in the Study Update shall be increased by the annual percentage increase in the Engineering News Record's Construction Cost Index (20-city average) for the month of April over the same Construction Cost Index for the month of April of the prior year. The City Manager may round the Fee adjustment to whole dollars. b. The Land Cost per acre for the Facilities as shown on Table 3.4 for Neighborhood and Community Parks and Table 5.4 for library land in the Study Update shall be increased/decreased annually by the percentage increase/decrease between the land cost per acre in the most recent land appraisal (prepared for the City for purposes of adjusting the Fee) over the land cost per acre in the immediately preceding appraisal (prepared for the City for purposes of adjusting the Fee and using the same methodology), calculated as an annual increase/decrease. For example, if the appraised land value in year 1 is $lO/acre and in year 2 is $l1/acre, that is an annual increase of 10% which will result in a yearly increase of $1 0, until the Fee is revised by the Council pursuant to Section 9 above. The City Manager may round the Fee adjustment to whole dollars. 8 11. Administrative Guidelines. )<~ ~,,{ i , The Council shall, by resolution, adopt administrative guidelines to provide procedures for calculation, reimbursement, credit or deferred payment and other administrative aspects of the Fee. Such guidelines shall include procedures for construction of designated Facilities by developers. The amount of any reimbursement or credit shall be determined by the Public Works Director using the costs of construction and value of right-of-way used by the City in calculating and establishing the Fee. The amount of any reimbursement or credit, once established, shall not be increased for inflation nor shall interest accrue on such amount. No credit or reimbursement shall be given unless the improvements constructed are the Improvements and Facilities described herein. Reimbursement shall only be from revenues raised by payment of the Fee. 12. Effective Date. This resolution shall become effective immediately. The Fee provided in Sections 2 and 3 of this resolution shall be effective sixty (60) days from the effective date of the resolution and shall supersede the Fee established by Resolution No. 60-99 sixty (60) days from the effective date of this resolution. 13. Severability. Each component of the Fee and all portions of this resolution are severable. Should any individual component of the Fee or other provision of this resolution be adjudged to be invalid and unenforceable, the remaining component or provisions shall be and continue to be fully effective, and the Fee shall be :fully effective except as to that component that has been judged to be invalid. PASSED, APPROVED AND ADOPTED this 19th day of November, 2002, by the following vote: A YES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ArrEST: ~~ ~;f de CIT C RK K2/G/11-19-02/reso-fee~pubfac.doc (Item 6.2) 9 f 0 I , RESOLUTION NO. -07 A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF DUBLIN ************************************************** EXPRESSING THE CITY'S INTENT TO ADJUST THE AMOUNT OF THE EXISTING PUBLIC FACILITIES FEE THAT IS IMPOSED PURSUANT TO CHAPTER 7.78 OF THE DUBLIN MUNICIPAL CODE RECITALS WHEREAS, the City has established a Public Facilities Fee to pay for certain municipal improvements to offset certain impacts of new development (see Chapter 7.78 of the Dublin Municipal Code); and WHEREAS, Dublin Municipal Code section 7.78.020 specifies that amount of the fee is to be set forth in a City Council resolution; and WHEREAS, the initial Public Facilities Fee resolution (Resolution No. 32-96) was adopted on March 26, 1996, and the amount of the Public Facilities Fee has been updated from time to time by resolution since then with the most recent update being Resolution No. 214-02; and WHEREAS, under Resolution No. 214-02, and its predecessors, the amount of the Public Facilities Fee has been automatically increased to reflect inflationary adjustments to the estimated costs constructing and acquiring land for the improvements funded by the Public Facilities Fee; and WHEREAS, the Public Facilities Fee funds, among other things, the Civic Center, which includes the City's administrative offices and the Police Services wing; and WHEREAS, the City's professional staff and consultants have advised the City Council that the space available at the Civic Center is inadequate for the City's future needs; and WHEREAS, City staff is also in the midst of updating the development projections and cost estimates upon which the amount of the Public Facilities Fee is based, which development projections and cost estimates are set forth in the City of Dublin Public Facilities Fee Study Update, dated October l4, 2002 and prepared by MuniFinancial; and WHEREAS, the City intends in the near future to update the amount of the Public Facilities Fee to reflect the expansion ofthe Civic Center, and the update ofthe development projections and cost estimates; and WHEREAS, to determine the amount ofthe Public Facilities Fee and to provide evidence to support a resolution setting forth the amount ofthe Public Facilities Fee, the City has prepared and will prepare various reports, which reports include or will include estimates of the costs of the improvements; and 1 ATTACHMENT 2 /IVb/) WHEREAS, the purpose of this resolution is to express the City Council's intent to increase the amount of the Public Facilities Fee and to provide reasonable notice to the development community of the nature and extent of the increase to the Public Facilities Fee. NOW THEREFORE, be it resolved that: 1. The City intends, as soon as reasonably possible consistent with applicable law, to update the amount of the Public Facilities Fee established by Chapter 7.78 of the Dublin Municipal Code. The update ofthe fee will be based on the following revisions to the Public Facilities Fee program: a. The City intends to expand the Civic Center beyond the size contemplated in existing Public Facilities Fee program. The 2002 Fee Study indicated that the total cost of the Civic Center expansion project attributable to new development was $3,524,608. The City commissioned MKThink to prepare a study, entitled Dublin Civic Center, Workspace Programming Study Summary Report, which set forth several alternatives for dealing with the City's staffing and building space needs through 2026. At its March 20, 2007 meeting, the City Council reviewed the study and approved the study's recommended alternative to accommodate growth, which involves an expansion to the Civic Center that is preliminarily estimated to cost (in 2006 dollars) $10,205,455. It is anticipated that most if not all of the costs of the Civic Center expansion will be attributable to new development. b. In accordance with section 9 of Resolution 214-02, the City also intends to revise the fee to reflect changes, since the study supporting the Public Facilities Fee was last updated in 2002, in construction costs, land values, and development projections. PASSED, APPROVED AND ADOPTED this 3rd day of April, 2007. AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: Fawn Holman, City Clerk 2