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HomeMy WebLinkAboutItem 4.3 Dev Impact Fee Rpt~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: TO: FROM: STAFF REPORT CITY COUNCIL CITY CLERK File #390-20 December 20, 2011 Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' SUBJECT: Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66002, 66006 and 66008 (AB 1600) Prepared by :Paul S. Rankin, Administrative Services Director EXECUTIVE SUMMARY: State law requires the City to review and report on an annual basis the status of Development fees collected to finance public improvements. The report covers activity which occurred in these funds during Fiscal Year 2010-2011. The analysis has determined that all funds held for more than 5 years are necessary to complete identified projects. FINANCIAL IMPACT: The financial impacts and accounting for the Development Fees are discussed as part of the Staff Report. RECOMMENDATION: It is recommended that the City Council: 1) Accept the Annual Report of Developer Impact Fee Funds for the Year Ended June 30, 2011; and 2) Adopt the Resolution Making Findings g g p tigation Contributions for Fiscal Y~ar 2010-2011. e ar in nex en e ra is i ~ , M. ~; ~, ~... Submitted By Reviewed By Administrative Services Director Assistant City Manager DESCRIPTION: A City is authorized under State Law to require development applicants to contribute fees toward off-site public improvements, which are needed as a result of the new development. Annually the City is required to disclose the status of funds held for this purpose. The report provides information on the period from July 1, 2010 through June 30, 2011 (Attachment 1). Page 1 of 4 ITEM NO. 4.3 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 December 5, 2011 Staff posted at the Civic Center and 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 2010-2011 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 summary of the activity for the year including the Beginning and Ending Balance. Additions: Expenses: Fees Project FEE Beginning Collected; Costs; Ending Balance Interest Interest; Balance (7/1/2010) Revenue Loan (6/30/2011) (net of refund) Repayments Eastern Dublin Traffic Impact Fees (Excludes BART Garage $ 1,866,216 $ 1,008,570 ($ 1,279,158) $ 1,595,628 Component -Pass Through) Downtown Traffic Impact Fees & Mitigation Projects $ 2,140,439 $ 475,149 ($ 518,132) $ 2,097,456 Public Facility Fees ($ 1,360,043) $ 5,284,866 ($ 338,747) $ 3,586,077 Fire Impact Fees -Advance Owed To General Fund ($ 1,808,886) $ 98,364 ($ 25,465) ($ 1,735,988) Tri-Valley Transportation Development Fees $ 227,048 $ 157,297 ($ 508,433) ($ 124,088) Page 2 of 4 Category 3 Regional Traffic Impact Fees $ 1,489,618 $ 29,954 None $ 1,519,572 Pass Through Fees: Freeway Interchange /BART Garage $ 763 $377,808 ($ 379,031) ($ 459) Dublin -Contra Costa Traffic Impact Mitigation Fees $ 539,565 $ 1,443,169 ($ 8,583) $ 1,974,150 TOTAL $ 3,094,720 $ 8,875,177 ($ 3,057,549) $ 8,912,348 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 2010-2011, the balance of all funds reported increased by approximately $5.8 million which was largely attributable to Public Facility Fee funds collected. The ending combined balance of $8,912,348 is net of negative balances. 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. The negative balance in the Tri-Valley Transportation Development Fund (TVTD) is due to the timing of the payment which was made to BART for the West Dublin/Pleasanton Station. Additional TVTD Fees are expected in the current year which will eliminate the deficit. A small negative balance of $459 occurred in the Pass-Through Traffic Impact Fees (BART Garage Fee) and will be resolved with the collection of fees and interest in the current Fiscal Year. Funds Remainina Unexpended More Than 5 Years After Beina Collected One of the provisions in the legislation 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 2010-2015 Capital Improvement Program. SUMMARY OF ACCOUNTS WITH FUNDS REMAINING UNEXPENDED FOR FIVE YEARS OR MORE AFTER THEY WERE COLLECTED Impact Fees Accumulated TOTAL (Unexpended) Interest DESIGNATED Project Name as of June 30, As of 2011 6/30/2011 Dougherty Road -North of Amador Valley Boulevard To City Limit $201,706 $ 172,711 $ 374,417 (Combined in new CIP #960025) Dougherty Road Improvements - Houston Place North to Amador Valley $114,581 $ 60,776 $ 175,357 Blvd (Combined in new CIP #960025) Dublin Boulevard Improvements - Sierra Court to Dublin Court $509,046 $ 237,716 $ 746,762 Scarlett Drive Extension Between Dublin Blvd and Dougherty Road $ 28,802 $ 89,327 $ 118,129 Page 3 of 4 Proposed Resolution Making Necessary Findings In order to retain fees longer than five years, certain findings must be made by the City Council. Without this action the fees would need to be refunded. All of the projects summarized in the previous section of this report are identified projects that will require the funding in the future. The City continues to allocate interest on the balances retained. Staff has identified the findings necessary as part of the attached Resolution (Attachment 2). Adoption of the Resolution allows the City to continue to retain the fees, in order to fund the projects for which they were collected. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Government Code Section 66006(b)(2) requires the report is to be included on the Agenda at a public meeting not less than 15 days after the information was made available. Staff previously made available to the public a draft copy of this report on Monday, December 5, 2011. 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 distributed mailed notices to two 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, 2011 2. Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2010-2011 Page 4 of 4 `~~t ^~e l~i /,~r~/~~11 1`~~% ~~~~~~s City of Dublin Annual Report of Developer Impact Fee Funds Deposits For the Year Ended June 30, 2011 CONTENTS SECTION INFORMATION PA_ GE(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 z: Section Status of Funds 3: Interfund Loans & Transfers • Specific Funds Held In Excess of 5 Years 4- 6 • Refunds .............................................. Section 2010/2011 Accounting of Impact Fees 4: Eastern Dublin Traffic Impact Fees • Public Facility Impact Fees • Fire Impact Fees • Downtown T1F 1 Mitigation (All Accounts) • Tri-Valley Transportation Development Fee 7` 8 • Freeway Interchange Fees • BART Parking Garage Component TIF • Dublin I Contra Costa Mitigation Fees Section Detail By Account -Downtown Traffic Mitigation 9 5: Contributions ........................... Section Schedule of Funding For Public Improvements 6: And Percentage Funded By Developer Fees..... 10-11 Data Available To Public December 5, 201'1 Presented City Council Meeting December 20, 2017 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} ~ . 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 66005 {b} (D) 4. The amount of fees collected and interest earned. Section 4 and Sec#ion 6 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) 5. 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 an 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 ar 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 al)ocations pursuant to subdivision (f) of Section 66001. P~ Section ~ TABLE OF IMPACT FEE DISCLOSURE REQUIREMENTS WITH CROSS REFERENCES Government Information Found Code Section Re uirement - In Ci Re orE At 66001 (d} 9, For {he 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 shah make all of the fallowing findings for items a-e below., with respect to those portions of the impact fee remaining unexpended, whether committed or uncommitted. 66001 {d) ('[} ~ a. Identify the purpose to which the fee is to be used far. 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. 86001 {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. 86006 (b) (1} (F) e. ullhen 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. G:IAbIb00 - impact Fees1FY 2©111Sec 1 OiJTT.IAIE.docx ~~ 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 far the impact fees noted above are dependent upon the type and size ofi 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 1 Ordinance Eastern Dublin Traffic Impact Fees . Resolution 225-99 {Includes BART Garage Pass-Through} Amended by Resolution 111-04 U dated b Resolution 40-10 Downtown Traffic Impact Fee Resolution 210-04 Amended by Resolution 47-09 Public Facility Impact Fees Resolution 60-99 Amended b Resolutions 214-02 & 4509 Park Dedication Fees Cha ter 9.28 Dublin Munici al 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 b Resolutions 85-99 & 87-03 Pleasanton Interchange Fees Resolution 11-96 Amended b Resolution 155-98 ^ublin -Contra Costa Traffic Impact Resolution 74-00 and Contra Costa Miti ation 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. P3 G:lAbI600 -Impact FeesIFY 201 tlsec_2_DescriptioootFeesFY2011.docx SECTION 3 STATUS OF FUNDS A. INTERFUND LOANS AND TRANSFERS OF IMPACT FEES No interfund loans or transfers of impact fees were granted to other funds during Fiscal Year 2010-2011. The Fire Impact Fee Fund received an advance /loan from the General Fund in both Fiscal Year 2003/2004 and Fiscal Year 200412005. Cogections 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, 86001 OF THE (CGC} AND UNSPENT AFTER 5 YEARS The purpose of the review was to identify monies that have been collected and held for a period of more than five years and to make appropriate disclosures. The City of Dublin has analyzed the balance of monies held in its impact fee funds and has determined that there are six projects involving the use of Traffic Mitigation Contributions, which have continued to be held for more than five years. The Projects are accounted for in the adopted City of Dublin Five Year Capital Improvement Program 2010 - 2015 Fiscal Year 2011/2092 Update. In accordance with State Law, the City Council has previously adopted Resolution #969-90 on December 7, 2090 declaring the need to continue to maintain the funds in order to complete a total of five projects. Based on expenditures during Fiscal Year 2010-2091, only four projects currently have 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 which have funds held in excess of five years: Mitigation Source Amount Collec#ed in Total Project Costs Previous Years As Iden#ified in CIP 1 A) Dougherty Rd - ~x ;v _ (Amador Valley Blvd $20'1,706 North to Cit Limit 1 B} Dougherty Rd $114,581 (Houston PI to - Amador Valle Blvd .~~ ...°T TOTAL $318,287 _z -~ $1,132,049 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 9 (A) a traffic signal was added at Willow Greek Drive and funded from the Dougherty Valley Impact Fees. G:1Rb160Q -impact Fees1FY 2D111sec 3_Status of FandsFY241 l.docx P4 SECTION 3 STATUS OF FUNDS Source of Funding 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 Selection of a Design Team is expected by January 2012, at that time a specific schedule will be presented. The expected time frame for the Phase 1 is to be complete within 12-18 months, 4. PROJECT # 960026 -DUBLIN BLVD. IMPROVEMENTS -SIERRA COURT TO DUBLIN COURT Mitigation Source Amount Collected in Total Project Costs Previous Years As Identified in CIP Dublin Blvd Improvements - $ 509,04G $323,065- Current Sierra Court to Dublin $3,017,089-Future. Description. of_Project This project is proceeding with a first phase to develop design plans. The ultimate project will widen Dubiin Boulevard from Sierra Court to Dublin Court, underground existing overhead utilities, and install bike lanes. This project will increase the roadway capacity from four to six lanes. Previous phases have widened other portions of Dublin Boulevard. The widening of this segment of Dublin Boulevard will complete the improvements on Dublin Boulevard from San Ramon Road to Dougherty Road. Recen# traffic studies have shown that six lanes of traffic will be needed. Source of Funding Traffic Mitigation Contributions, Category 2 Eastern Dubiin TIF Fees Approximate Project Completion For the current programmed design expenditures, selection of a Design Team is expected by January 2012, at that time a specific schedule will be presented. The expected time frame for the design to be complete within 12-18 months. A precise completion date has not been established for the complete project including construction. It is currently expected that it will be a date outside the current 5 Year CIP planning horizon. 5. SCARLETT DR & IRON HORSE TRAIL EXTENSION -DUBLIN BLVD -- DOUGHERTY RD (# Not Yet Assigned) Mitigation Source Amount Collected In Total Project Costs Previous Years As Identified In CIP Scarlett Dr. & Iron Horse Trail Extension --Dublin .$ 28,802 $11,320,112 Blvd 1 Dou the Rd G:1Ab1644 - Hnpact FeesIFY 2411~sec_3 Status of FundsFY201 ~.docx ~~ SECTION 3 STATUS OF FUNDS 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 Daugherty Road and ,Dublin Boulevard (within the farmer Southern Pacific Railroad Right-of- Way). Source of Funding Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees; Alameda County Transportation Commission Project Funds. ~praximate Project Completion Dates A precise campietion date for the project has not been established. it is currently expected that it wil[ be will be a date outside the current 5 Year CIP planning horizon. C. REFUNDS During Fiscal Year 2010-2019, $100,000 of funds that had been advanced pursuant to a special funding agreement for the 1-580 1 Fallon Road Interchange were refunded to the Lin Family. The refund was based on adequate funding being in place to construct the improvements. D. RETIREMENT OF IMPACT FEE OBLIGATIONS During Fiscal Year 2010-2019, $335,645.05 in payments was made to retire Impact Fee Obligations; of that total, $280,000.00 was paid to holders of Impact Fee Credits that had converted to Rights to Reimbursement. 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Q . ~ • O 1 ~ z Y~ ~ ~ ~ G N +-~ tg V ~ a~ ~J r ~ ~ ca avi a~ i C7 ~ a o~ y ~ ~ o c ~ N a a -~ E " E- ~ Q ~ ~ ~+ o ~ V •o ~ . ~ ~ w ~ ~ ro ~ ° v ~- ~ ~ s.. ~ ~ Q) ^ _ ~ ~ ~ _ '~ (6 a i c .O ~ Y N ~ . ~ ~ 4 _ ~ `~ '"" O O LL. "~ ~ . ' fl ~ ~~ C ~ d ~ R ~ ~ D Id ' O ~~ ~ - - ~ U U ~ N .~ ~% y ~ Gi fiY v ~ ~ (b .~ L ~ ~ ?, ~ N ~ ~ ~ c Q e ~~ ~ ~~ o ro cc z E o c ~~ En ~ a ~ 3v ~~" ~ Cw.~ ~ U L3.. 7 U ~ o~ ~ ~ ~ o ~ U O ~ c~ ~ ~ Q a c ... 'p ~ o tL ~ ~ F- ~ ~ LL y .~ ai Q ~ `~' ~ O ~ ~ ~ (A c a~i c c ~ ~ z m o o ~i N o o° ~ o n c o 0 o a ~ oo ~ o O O ~ ~ ~ ~ rn rn rn rnrn 'i. !1J ^ I-- P11 ~D z 0 ~" V f~ RESOLUTION NO. -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********************************************** MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2010-2011 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 2001 1 /201 2 Update to the 2010- 2015 Capital Improvement Program and include the improvements described below: Unexpended Developer Project Name Fees as of June 30, 2011 1. Dougherty Road -North of Amador Valley Boulevard To City Limit (Combined in new CIP #960025) $201,706 2. Dougherty Road Improvements -Houston Place North to Amador Valley Blvd (Combined in new CIP #960025) $114,581 3. Dublin Blvd. Improvements -Sierra Court to Dublin Court $509,046 4. Scarlett Drive Extension Between Dublin Blvd and Dougherty Road $ 28,802 2. The four 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 2010-2011. 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 2010 - 2015 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 20th day of December 2011. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 2