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HomeMy WebLinkAboutItem 4.2 Developer Impact Fee Rpt STAFF REPORT CITY CLERK File #600-70 CITY COUNCIL DATE:December 3, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager 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 Lisa Hisatomi, Assistant 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 the funds during Fiscal Year 2012-2013. 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 Impact Fee 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 2013-2014. 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 $295,000 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 accept the Annual Report of Developer Impact Fee Resolution Funds for the Year Ended June 30, 2013; adopt Making Findings Regarding Unexpended Traffic Mitigation Contributions and Downtown Traffic Impact Fees for Fiscal Year 2012-2013; and approve the Budget Change. Submitted By Reviewed By Administrative Services Director Assistant City Manager ITEM NO. 4.2 Page 1 of 5 DESCRIPTION: 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, 2012 through June 30, 2013 (Attachment 1). Requirements of Law The law requires the City to review, on an annual basis, the status of development fees collected. The law provides for a report to be made available within 180 days from the end of the Fiscal Year. In addition, Government Code Section 66006(b)(2) requires the report is to be included on the Agenda at a public meeting not less than 15 days after the information was made available. On November 15, 2013 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 2012-2013 Annual Report of Developer Funds is shown in Attachment 1. The law requires disclosure of numerous details with respect to activity in these accounts. This includes: beginning and ending balances; collections for the year; expenditures for the year; interest earned; and any refunds. For the purpose of this report the City is providing information on the following funds: FUNDS ACCOUNTED FOR IN REPORT (ATTACHMENT 1)  Eastern Dublin Traffic Impact Fees  Downtown Traffic Impact 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 (7/1/2012 – 6/30/2013) Expenses: Additions: Project Costs; Beginning Fees Collected; Interest; Loan Ending Balance Interest Repayments; Balance IMPACT FEE CATEGORY (7/1/2012) Revenue Pass-Through (6/30/2013) Public Facility Fees $18,340,076 $12,974,384 ($2,324,586) $28,989,874 Fire Impact Fees – Advance ($1,358,914) $269,408 ($9,100) ($1,098,607) Owed To General Fund Traffic Impact Fees $8,034,761 $3,491,839 ($1,984,046) $9,542,554 TOTAL $ 25,015,923 $16,735,631 ($4,317,732) $ 37,433,822 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 2012-2013, the net balance of all funds reported increased by approximately $12.4 million which was largely attributable to Public Facility Fee funds collected. The ending combined balance of $37,433,822 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 Remaining Unexpended More Than 5 Years After Being 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 Fees Unspent For Developer Total More Than Fees Unspent Designated 5 Years as of For Less Accumulated As of June Source of Fee 6/30/13 Than 5 Years Interest 30, 2013 Mitigation Funds: Dublin Boulevard Improvements – $271,877.98 None $250,399.47 $522,277.45 Sierra Court to Dublin Court (960026) Mitigation Funds: Scarlett Drive Extension (Dublin Blvd to Dougherty $28,801.83 None $91,819.81 $120,621.64 Rd) Downtown TIF Funds $44,291.69 $590,429.95 $47,596.34 $682,317.98 Page 3 of 5 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 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 findings necessary as part of the attached Resolution (Attachment 2). Adoption of the Resolution allows the City to continue to retain the fees, in order to fund the projects for which they were collected. Fiscal Year 2013-2014 Appropriation The Eastern Dublin Traffic Impact Fee (EDTIF) Guidelines include a provision requiring the City to annually evaluate balances held by the City, and 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 2013. 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 10 years. 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 $1,094,071.33 and, based on current projects and available funds, Staff is proposing to reduce the balance by $200,000. 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 2013. A budget adjustment of $200,000 is recommended to align the proposed distribution expenses. 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 fiscal year. The funding agreement provides that 8% of the fees are collected are distributed to these credit holders. Fiscal Year 2012-2013 distribution is $99,316.55 and a budget adjustment of $95,000 is recommended for Fiscal Year 2013-2014 based on EDTIF – Category 1 fee estimate for the fiscal year. 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 Friday, November 15 2013. In addition the Government Code Section requires that the notice of the meeting shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. The Administrative Services Department mailed notices to 38 parties who have filed requests in the past. ATTACHMENTS: 1. Attachment 1 2013 AB 1600 Report Page 4 of 5 2. Attachment 2 Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2012-2013 3. Attachment 3 Budget Change Form Page 5 of 5 City of Dublin Annual Report of Developer Impact Fee Funds Deposits For the Year Ended June 30, 2013 CONTENTS SECTIONINFORMATIONPAGE(S) Section 1:Table of Disclosure Requirements With Cross Reference To Government Code and Location In 1-2 City of Dublin Report………………….. Section 2:Description Impact Fees Included In Report …3 Section 3:Status of Funds Interfund Loans & Transfers 4-6 Specific Funds Held In Excess of 5 Years Refunds………………………………………. Section 4:2012-2013Accountingof Impact FeesBy Major Category Public Facility Impact Fees 7 Fire Impact Fees Traffic Impact Fees Section 5:Detail By Fund -Traffic Impact Fees8 Contributions……………………… Section 5A:Detail -Traffic Impact Fees (Project Specific 9 Mitigation ) Contributions……………………… Section 6:Schedule of Funding For Public Improvements And Percentage Funded By Developer Fees….. 10 Data Available To Public November15, 2013 Presented City Council MeetingDecember3, 2013 ATTACHMENT 1 Government Information Found Code SectionRequirementIn 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, Section 5, And Section 5A 66006 (b) (E)5. An identification of each public improvement on Section 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 Section 3, Part B 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 Section 3, Part A 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. 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. Government Information Found Code SectionRequirementIn City Report At 66001 (d)9. For the fifth year following the first deposit into the Section 3, Part Band 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. Whensufficient 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. 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 CostaTraffic 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 FeeResolution / Ordinance Eastern DublinTraffic Impact FeesResolution 225-99 (Includes BART Garage Pass-Through)Amended by Resolution 111-04 Updated by Resolution 40-10 Downtown Traffic Impact FeeResolution210-04 Amended by Resolution 47-09 Public Facility Impact FeesResolution 60-99 Amended by Resolutions214-02& 45-09 Park Dedication FeesChapter 9.28 Dublin Municipal Code Fire Impact FeesResolution 37-97-Amended by Resolutions208-00,12-03,77-05& 46-09 Tri-Valley Transportation Development Resolution 89-98 FeesAmendedby Resolutions85-99& 87-03 Pleasanton Interchange FeesResolution 11-96 Amended by Resolution 155-98 Dublin –Contra Costa Traffic Impact Resolution 74-00 and Contra Costa Mitigation Fees. County Ordinance No. 2000-24 The studies and supporting documentation presented or adopted as part of the resolutions noted aboveidentify 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. A. INTERFUND LOANS AND TRANSFERS OF IMPACT FEES No inter-fund loans or transfers of impact fees were granted to other fundsduring Fiscal Year 2012-2013.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 2012-2013 (July 1, 2012). The balances were evaluated based on“developer fees collected’ separate from interest revenue. As of July 1, 2012 there were fourprojects involving the use of Traffic Mitigation Contributions, which have developer fees that continued tobe held for more than five years. The Projects are includedin the adopted City of Dublin Five Year Capital Improvement Program 2012 – 2017.In accordance with State Law, the City Council has previously adopted Resolution #205-12 on December18, 2012 declaring the need to continue to maintain the funds.Based on expenditures during Fiscal Year 2012-2013,as of June 30, 2013, there are threeprojects that have developer funds collected and held for more than five years. Details related to the projects which havefunds held for more than five years are identified below: 1. PROJECT # 960026 - DUBLIN BLVD. IMPROVEMENTS - SIERRA COURT TO DUBLIN COURT Unspent Developer Fees Total Project Costs Mitigation SourceHeld More Than 5 YearsAs Identified in CIP Dublin Blvd $828,099(2012-2017) Improvements – $ 271,877.98 $3,017,089 (Future) Sierra Court to Dublin Description of ProjectThis projectis proceeding with the design and right-of-wayphase. The ultimate projectwill widen Dublin Boulevard from Sierra Court to Dublin Court, underground existing overhead utilities, and install bike lanes. This project will increase the roadway capacity from four to six lanes. Previous phases have widened other portions of Dublin Boulevard. The widening of this segment of Dublin Boulevard will complete the improvements on Dublin Boulevard from San Ramon Road to Dougherty Road. Recent traffic studies have shown that six lanes of traffic will be needed. Source of FundingTraffic Mitigation Contributions are being used for current budgeted design work. A portion of the future unfunded project is eligible for funding from Category 2 Eastern Dublin Traffic Impact Fees. Approximate Project Completion A contract for design services with Bellecci & Associates was amendedby the City Council on October 15, 2013. Right-of-way appraisals and roadway design are proceeding with anticipated completion in the fall of 2014. Utility undergrounding design and coordination is scheduled to be complete by winter 2015.A precise completion date has not been established for the completeproject including construction. It is currently expected that it willbe a date outside the current 5 Year CIP planning horizon. 2. SCARLETT DR &IRON HORSE TRAIL EXTENSION - DUBLIN BLVD – DOUGHERTY RD(# Not Yet Assigned) Unspent Developer Fees Total Project Costs As Mitigation SourceHeld More Than 5 YearsIdentified In CIP Scarlett Dr. & Iron Horse Trail Extension – Dublin Blvd /$ 28,801.83$11,603,114 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 FundingTraffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees; Alameda County Transportation CommissionProject 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. 3. DOWNTOWN TRAFFIC IMPACT FEE FUNDS (Various Projects) Unspent Developer Fees Total Project Costs As SourceHeld More Than 5 YearsIdentified In CIP Downtown Traffic Impact $44,291.69$1,139,771 Fees (Fund #4304) Description of Project(s)The Downtown Traffic Impact Fee identified six improvement projects to be constructed. Projects include: St. Patrick Way Extension; Golden Gate Widening; Dublin Blvd / Golden Gate Drive Intersection Improvements; Dublin Blvd / Amador PlazaIntersection Improvements; Dublin Blvd / Dougherty RoadIntersection Improvements;and San Ramon Road Dublin Boulevard Intersection Improvements. Some elements have been completed;however the proportionate share may have been funded from other sources.The Downtown Traffic Impact Fee study also included a future update of the impact fee. An update of the Downtown Traffic Impact Fee will commence after adoption of the updated Bikeways and Pedestrian Master Plan. The impact fee update is scheduled to be complete in winter 2014. Source of FundingTraffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees; Federal Transportation for Livable Communities Grant; Contra Costa County / Dublin (Dougherty Valley) Impact Fees. Approximate Project Completion Dates A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon.The 2014 impact fee update will evaluate the existing project listand will evaluation new projects, including projects in the updated Bikeways and Pedestrian Master Plan. C.REFUNDS No refunds were made during Fiscal Year 2012-2013. DRETIREMENT OF IMPACT FEE OBLIGATIONS . During Fiscal Year 2012-2013, payments weremade to retire Impact FeeCreditObligationsas follows: FEE TYPE$ Amount Payments to holders of Impact Fee Credits that Eastern Dublin Traffic had converted to Rights to ReimbursementImpact Fee – $270,000.00 Category 1 Reimbursement pursuant to the construction Eastern Dublin Traffic agreement for the Tassajara Interchange. Impact Fee – $99,316.55 (Alameda County Surplus Property Authority and Category 1 the Lin Family) Reduction In Advance Assumed By Alameda Eastern Dublin Traffic County Surplus Property Authority (Original Impact Fee – $74,945.00 Advance Was made by BART For East Dublin Category 2 Station Access) TOTAL$444,261.55 CITY OF DUBLIN CAPITAL IMPACT FEE REPORT SECTION 4 FEES BY MAJOR CATEGORY (Activity July 1, 2012 - June 30, 2013) TRAFFIC IMPACT PUBLIC FIRE FACILITY FEES FACILITY FEESIMPACT FEES(ALL CATEGORIES)GRAND TOTAL Funds 4101-4109Fund 4201Funds 4301-4309 (Includes Park Detail In Schedule 5 Dedication Fees) Ending Available 6/30/2012$18,340,076.16($1,358,914.38)$8,034,760.80$25,015,922.58 Fees Collected: 7/1/2012-6/30/201312,830,985.40269,407.933,413,998.1816,514,391.51 Interest 7/1/2012 - 6/30/2013143,398.92-77,841.12221,240.04 Less 2012-2013 Expenditures Park Project Expenditures(2,324,586.03)--(2,324,586.03) Traffic Improvements (Various Project Nos)--(913,869.70)(913,869.70) Interest on Loan from General Fund for -(9,100.10)-(9,100.10) Construction of Fire Stations Retirement of Impact Fee Obligations--(369,316.55)(369,316.55) Refunds Per CGC 66001(e)/(f)---- Pass Through Funds (See Schedule 5)--(700,859.66)(700,859.66) Ending Balance 6/30/2013$28,989,874.45($1,098,606.55)$9,542,554.19$37,433,822.09 CITY OF DUBLIN CAPITAL IMPACT FEE REPORT SECTION 5 BREAKDOWN OF TRAFFIC IMPACT FEE FUNDS (Activity July 1, 2012 - June 30, 2013) LOCAL TRAFFIC IMPACT FEES (EASTERN DUBLIN & DOWNTOWN) DOWNTOWN SUB-TOTAL "A" I-580/ FALLON RD CATEGORY 1CATEGORY 2TRAFFIC IMPACT EAST DUBLIN INTERCHANGE FEETIF (EDTIF) Fund #4301Fund # 4302 Fund # 4304Fund # 4307 Ending Available 6/30/2012$1,384,387.37$699,642.07$628,002.49-$2,712,031.93 Fees Collected: 7/1/2012-6/30/20131,240,206.80724,687.38181,140.00-2,146,034.18 Interest 7/1/2012 - 6/30/201315,147.099,516.746,436.62-31,100.45 (Less: 2012-2013 Expenditures) Traffic Improvements (Various (116,406.44)(74,945.00)(133,261.13)-(324,612.57) Project Nos) Retirement of Impact Fee (369,316.55)---(369,316.55) Obligations Refunds Per CGC 66001(e)/(f)----- Ending Balance 6/30/2013$2,154,018.27$1,358,901.19$682,317.98$0.00$4,195,237.44 NON-EASTERN DUBLIN TRAFFIC IMPACT FEES ( Regional / Mitigation) SPECIFIC DUBLIN - CATEGORY 3 TRI-VALLEY PROJECT CONTRA COSTA SUB-TOTAL "B" LOCAL TRANSPORTATION MITIGATION OTHER FEES COUNTY REGIONAL FEESDEVELOPMENT FEEFUND (See 5A for MITIGATION Breakdown) Fund # 4303Fund # 4305Fund # 4306Fund # 4309 Ending Available 6/30/2012$1,536,464.90$2,356,946.67$228,130.67$1,201,186.63$5,322,728.87 Fees Collected: 7/1/2012-6/30/20130.00159,537.96408,279.120.00567,817.08 Interest 7/1/2012 - 6/30/201313,013.9719,656.386,592.426,765.1646,027.93 (Less: 2012-2013 Expenditures) Traffic Improvements (Various -(190,381.91)-(398,875.22)(589,257.13) Project Nos) Retirement of Impact Fee --- Obligations Ending Balance 6/30/2013$1,549,478.87$2,345,759.10$643,002.21$809,076.57$5,347,316.75 PASS-THROUGH GRAND TOTAL FREEWAY SUB-TOTAL "A" SUB-TOTAL "B" TRAFFIC FEES INTERCHANGE & (EDTIF)LOCAL FEES(Pass-Through+ BART GARAGE "A" + "B") Fund # 4308 Ending Available 6/30/2012$0.00$2,712,031.93$5,322,728.87$8,034,760.80 Fees Collected: 7/1/12-6/30/13700,146.922,146,034.18567,817.083,413,998.18 Interest 7/1/2012 - 6/30/2013712.7431,100.4546,027.9377,841.12 (Less: 2012-2013 Expenditures)(324,612.57)(589,257.13)(913,869.70) Retirement of Impact Fee (369,316.55)-(369,316.55) Obligations Refunds Per CGC 66001(e)/(f)--- BART Garage (494,435.60)--(494,435.60) Reimbursements to ACSPA Freeway Interchange Reimbursements - City of (206,424.06)--(206,424.06) Pleasanton Ending Balance 6/30/2013$0.00*$4,195,237.44$5,347,316.75$9,542,554.19 * Note "Pass-Through" Balance excludes Year-End Interest accrual recorded as a liability. CITY OF DUBLIN CAPITAL IMPACT FEE REPORT 2012-2013 SECTION 5A DETAIL OF TRAFFIC MITIGATION CONTRIBUTIONS (From July 1, 2012 - June 30, 2013) 4309.410034309.410044309.41005 & 41006 Scarlett ExtensionParallel RdDougherty Dougherty/Dublin BlvdSt. Patrick WayHouston Pl to AVB CIP PROJECT #960010960025 O96840 (prior System) Balance Available 7/1/2012$119,606.87$88,385.10$203,442.58 Fees Collected: 7/1/2012-6/30/2013 - - - Interest 7/1/2012 - 6/30/2013 1,014.77 676.52 135.30 Less 2012-2013 Expenditures - - (190,135.71) Refunds Per CGC 66001(e)/(f) - - - Ending Balance 6/30/2013$120,621.64$89,061.62$13,442.17 4309.410074309.410084309.41009 Dublin/SilvergateDublin Blvd.Sybase ImprovementsSierra DoughertyTraffic Signal CIP PROJECT #960003960026 Not Yet Assigned Balance Available 7/1/2012$55,998.51$670,621.10$63,132.47 Fees Collected: 7/1/2012-6/30/2013 - - - Interest 7/1/2012 - 6/30/2013 - 4,397.35 541.21 Less 2012-2013 Expenditures (55,998.51) (152,741.00) - Refunds Per CGC 66001(e)/(f) - - - Ending Balance 6/30/2013$0.00$522,277.45$63,673.68 GRAND TOTAL Balance Available 7/1/2012$1,201,186.63 - Fees Collected: 7/1/2012-6/30/2013 - - Interest 7/1/2012 - 6/30/2013 6,765.15 - Less 2012-2013 Expenditures (398,875.22) - Refunds Per CGC 66001(e)/(f) - - Ending Balance 6/30/2013$809,076.56 CITY OF DUBLIN IMPACT FEE REPORT SECTION 6 SCHEDULE OF FUNDING FOR PUBLIC IMPROVEMENTS & PERCENTAGE DEVELOPER FEES LISTING OF ACCOUNTS WITH ACTIVITY JULY 1, 2012 to JUNE 30, 2013 Fiscal Year Fiscal Year Total Project % From 2012-2013 2012-2013 CIP #Project Name Expenditures Developer Expenditures Expenditures (Fiscal Year)Fees (Developer Fee Funds)(Other Funds) PUBLIC FACILITY FEES 950007265,931.64100% Emerald Glen Park Recreation and Aquatic Complex265,931.640.00 950009486,872.97100% Passatempo Neighborhood Park486,872.970.00 9500131,319,091.28100% Positano Hills Neighborhood Park1,319,091.280.00 95002283,425.16100% Shannon Park Water Play Area83,425.160.00 950023166,699.98100% Quimby Act Neighborhood Parkland Acquisition166,699.980.00 Ops 77022,565.00100% Public Facility Fees Update Services2,565.000.00 TOTAL PUBLIC FACILITY FEE PROJECTS$2,324,586.03$0.00$2,324,586.03100% FIRE FACILITY FEES (No active Projects. Fees collected are used to repay funds advanced). TRAFFIC IMPACT FEES (Excludes "Pass -Through" Payments - BART GARAGE & INTERCHANGE FEES) Ops 8301Downtown TIF Administration Downtown TIF (Fund 4304:Dept 8301)44.00 44.000.0044.00N/A Dept. Operating Budget Total OP 1901Non-Departmental- Credit Pmts 369,316.55 EDTIF Cat1 (Fund 4301) Pmts reducing Credits Held EDTIF (Category 1)87,580.00 456,896.550.00456,896.55N/A Non-Dept. Budget Total 960003 Dublin/Silvergate Impvts Specific Project Mitigation Fees (41007)55,998.51 Other Fees (None)- 55,998.510.0055,998.51100% Project 960003 Total 960004 E. Dublin Arterial Improvements EDTIF (Category 1)28,826.44 EDTIF (Category 2) ACSPA ROW Agmt - Access Rd74,945.00 Other Fees (None)- 103,771.440.00103,771.44100% Project 960004 Total 960025 Dougherty Rd Impvts Sierrra Ln To North City Limits Specific Project Mitigation Fees (41005 and 41006)190,135.71 Dougherty Valley TIF 4305190,381.91 Other Fees (None)0.00 380,517.620.00380,517.62100% Project 960025 Total 960026 Dublin Boulevard - Sierra Court Specific Project Mitigation Fees (41008)152,741.00 Other Fees (None) 152,741.000.00152,741.00100% Project 960026 Total 960027 West Dublin BART Golden Gate Dr Specific Project Mitigation Fees133,217.13 State Gas Tax (2201)91,659.99 SAFETEA-LU (2202)629,392.26 ACTIA Sales Tax - Local Streets (2204)165,836.00 288,602.00 ACTIA Sales Tax - Bike & Ped (2205) Highway Safety Traffic Reduction Bond (2210)507,203.34 Project 960027 Total133,217.131,682,693.591,815,910.727% TOTAL TRAFFIC IMPACT FEE PROJECTS$1,283,186.25$1,682,693.59$2,965,879.8443% RESOLUTION NO. -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************************************** MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2012-2013 Recital 1. 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: Unexpended Source of Fee Developer Fees as of June 30, 2013 1. Project Specific Mitigation: Dublin Blvd. Improvements $271,877.98 – Sierra Court to Dublin Court (CIP #960026) 2. Project Specific Mitigation: Scarlett Drive Extension Between Dublin Blvd and Dougherty Road (CIP# Future $28,801.83 Project) 3. Downtown Traffic Impact Fees: - Various Projects $44,291.69 identified in the Fee Resolution. 2. The three fees and their associated projects described in the recital above are referred to as the "Three Traffic Improvements." Findings The City Council finds, on the basis of the foregoing Recitals, that: A. The contributions which have been collected for the Three Traffic Improvements will remain unexpended after Fiscal Year 2012-2013. B. The contributions 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 for which the contributions will be used is construction of the Three Traffic Improvements, as described above and in the 2012 – 2017 Capital Improvement Program. D. The contributions were collected to make the Three 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 Three Traffic Improvements are needed for construction of the Three Traffic Improvements. PASSED, APPROVED, AND ADOPTED this 3rd day of December 2013. AYES: NOES: ABSENT: ABSTAIN: ____________________ Mayor ATTEST: ___________________________ City Clerk ATTACHMENT 2 CITY OF DUBLIN FISCAL YEAR 2013-14 BUDGET CHANGE FORM Budget Change Reference #: City Council's Approval Required From Un-Appropriated ReservesXBudget Transfer Between Funds From Designated ReservesOther DECREASE BUDGET AMOUNTINCREASE BUDGET AMOUNT Account AmountAccountAmount Expenditures: Traffic Impact Fee (Cat 1) - Non Dept - Impact Fee Obligation 4301.1901.86101$295,000.00 REASON FOR BUDGET CHANGE At the December 3, 2013 City Council meeting, the City Council received a report regarding Developer Mitigation Fees and amounts that were expected to be distributed to certain credit holders of Impact Fee Credits and Rights to Reimbursements (RTR). The amount budgeted for holders of RTR is $200,000 and $95,000 is budgeted for Tassajara Interchange Impact Fee Credit Holders. The Budget Change will appropriate a total of $295,000 from TIF1 reserves 12/3/2013 As Presented at the City Council Meeting **********Finance Use Only********** Posted By:Date: