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HomeMy WebLinkAboutItem 4.4 Developer Annual Reportor 19 82 /ii � 111 DATE: TO: FROM: STAFF REPORT CITY COUNCIL December 18, 2012 Honorable Mayor and City Councilmembers Joni Pattillo City Manager""' CITY CLERK File #600 -60 SUBJECT: Annual Report of Developer Impact Fee Funds Deposits: Pursuant to Government Code Sections 66002, 66006 and 66008 (AB 1600) and Budget Adjustment for Distribution of Excess Funds Prepared by Paul S. Rankin, Administrative Services Director EXECUTIVE SUMMARY: State law requires the City to review and report, on an annual basis, the status of Development fees collected to finance public improvements. The report covers activity which occurred in these funds during Fiscal Year 2011 -2012. The analysis has determined that all funds held for more than 5 years are necessary to complete identified projects. Annually the City also completes an assessment of funding available to reduce Credits that have converted to Rights to Reimbursement. The City Council will be requested to approve a Budget Adjustment reflecting the distribution of funds in Fiscal Year 2012 -2013. FINANCIAL IMPACT: The financial impacts and accounting for the Development Fees are discussed as part of the Staff Report. The total additional budget appropriation of $296,176 is funded from unappropriated reserves (Eastern Dublin Traffic Impact Fee (EDTIF) — Category 1), and will be used to reduce Impact Fee credits and Rights to Reimbursements from these restricted funds. RECOMMENDATION: It is recommended that the City Council: 1) Accept the Annual Report of Developer Impact Fee Funds for the Year Ended June 30, 2012; 2) Adopt the Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2011 -2012; and 3) Approve the Budget Change. Submitted By Administrative Services Director DESCRIPTION: Reviewed By Assistant City Manager Page 1 of 5 ITEM NO. 4.4 Cities are authorized under State Law to require development applicants to contribute fees toward off -site public improvements, which are needed as a result of the new development. Annually the City is required to disclose the status of funds held for this purpose. The report covers the period from July 1, 2011 through June 30, 2012 (Attachment 1). Requirements of Law The law requires the City to review, on an annual basis, the status of development fees collected. The law provides for a report to be made available within 180 days from the end of the Fiscal Year. In addition, Government Code Section 66006(b)(2) requires the report to be included on the Agenda at a public meeting not less than 15 days after the information was made available. On December 3, 2012, Staff mailed notices to interested parties that a draft copy of Impact Fee data was available. In the event that any fees remain unexpended for more than five years, the City Council must adopt a Resolution making certain findings related to the continued need for the funds to complete the improvements. In the event that findings are not made to support the retention of the funds, the unexpended fees must be returned to the current owners of the subject property. Major Components of Report The Fiscal Year 2011 -2012 Annual Report of Developer Funds is shown in Attachment 1. The law requires disclosure of numerous details with respect to activity in these accounts including: beginning and ending balances; collections for the year; expenditures for the year; interest earned; and any refunds. For the purpose of this report the City is providing information on the following funds: FUNDS ACCOUNTED FOR IN REPORT (ATTACHMENT 1) • Eastern Dublin Traffic Impact Fees • Downtown Traffic Impact Fees • Public Facilities Impact Fees (Includes Park Dedication Fees) • Fire Impact Fees • Tri Valley Transportation Development Fees • Category 3 Regional Traffic Impact Fees • Pass Through Fees: (Freeway Interchange Fees / BART Garage) • Dublin — Contra Costa County Traffic Impact Mitigation Fees Details of activity for each of the fees are displayed in the Annual Report (Attachment 1). The following is a high level summary of the activity for the year including the beginning and ending balances: Page 2 of 5 ANNUAL REPORT OF DEVELOPER FEES BY CATEGORY (7/1/2011 — 6/30/2012) It is important to note that these fees are restricted and can only be used for the capital related purposes for which they have been collected. Given the multi -year nature of the capital projects to be financed, it is expected that funds will be accumulated and used based on the construction timing. During Fiscal Year 2011 -2012, the net balance of all funds reported increased by approximately $16.1 million which was largely attributable to Public Facility Fee funds collected. The ending combined balance of $25,015,923 is net of negative balances. A detailed accounting for each of the major categories is shown in the schedules included in Attachment 1. The Fire Impact Fee Fund is negative due to funds advanced for the construction of Station 17. As fees are collected, they are used to repay borrowed funding from the General Fund, including interest. Funds Remainina Unexpended More Than 5 Years After Beina Collected One of the provisions in the State law regulating development fees is to regularly review funds collected and held for more than five years without being expended. The law requires the City Council to make certain findings in order to continue to hold fees collected and unexpended for more than five years. The following Table summarizes the accounts with contributions which have remained unexpended for more than five years. All of the projects are identified in the adopted City of Dublin 2012 -2017 Capital Improvement Program. SUMMARY OF ACCOUNTS WITH FUNDS REMAINING UNEXPENDED FOR FIVE YEARS OR MORE AFTER THEY WERE COLLECTED Source of Fee Fees Unspent Additions: Expenses: Total For More Fees Collected; Project Costs; Designated As IMPACT FEE CATEGORY Beginning Interest Revenue Interest; Loan Ending Balance 5 Years Repayments; Balance Mitigation Funds: Dougherty Road (7/1/2011) Pass - Through (6/30/2012) Public Facility Fees $ 3,586,077 $15,293,636 ($ 539,636) $ 18,340,076 Fire Impact Fees — Advance ($ 1,735,988) $ 392,626 ($ 15,553) ($ 1,358,914) Owed To General Fund Traffic Impact Fees $ 7,063,185 $ 2,639,827 ($ 1,668,251) $ 8,034,761 TOTAL $ 8,913,274 $ 18,326,089 ($ 2,223,440) $ 25,015,923 It is important to note that these fees are restricted and can only be used for the capital related purposes for which they have been collected. Given the multi -year nature of the capital projects to be financed, it is expected that funds will be accumulated and used based on the construction timing. During Fiscal Year 2011 -2012, the net balance of all funds reported increased by approximately $16.1 million which was largely attributable to Public Facility Fee funds collected. The ending combined balance of $25,015,923 is net of negative balances. A detailed accounting for each of the major categories is shown in the schedules included in Attachment 1. The Fire Impact Fee Fund is negative due to funds advanced for the construction of Station 17. As fees are collected, they are used to repay borrowed funding from the General Fund, including interest. Funds Remainina Unexpended More Than 5 Years After Beina Collected One of the provisions in the State law regulating development fees is to regularly review funds collected and held for more than five years without being expended. The law requires the City Council to make certain findings in order to continue to hold fees collected and unexpended for more than five years. The following Table summarizes the accounts with contributions which have remained unexpended for more than five years. All of the projects are identified in the adopted City of Dublin 2012 -2017 Capital Improvement Program. SUMMARY OF ACCOUNTS WITH FUNDS REMAINING UNEXPENDED FOR FIVE YEARS OR MORE AFTER THEY WERE COLLECTED Source of Fee Fees Unspent Developer Accumulated Total For More Fees Unspent Interest Designated As Than 5 Years For Less Than of June 30, as of 6/30/12 5 Years 2012 Mitigation Funds: Dougherty Road Improvements - Houston Place North to $3,299.40 None $61,577.90 $64,877.30 Amador Valley Blvd (Combined in new CIP 4960025) Mitigation Funds: Dublin Boulevard Improvements — $424,618.98 None $246,002.12 $670,621.10 Sierra Court to Dublin Court Mitigation Funds: Scarlett Drive $28,801.83 None $90,805.04 $119,606.87 Extension (Dublin Blvd to Dougherty Rd) Downtown Traffic Impact Fee $159,114.80 $427,727.97 $41,159.72 $628,002.49 Funds Proposed Resolution Making Necessary Findings In order to retain fees longer than five years, certain findings must be made by the City Council. Without this action the fees would need to be refunded. All of the fees summarized in the Page 3 of 5 previous section of this report have identified projects that will require the funding in the future. The funding needed includes the accumulated interest, which is expended only on the authorized projects. The City continues to allocate interest on the balances retained. Staff has identified the necessary findings as part of the attached Resolution (Attachment 2). Adoption of the Resolution allows the City to continue to retain the fees, in order to fund the projects for which they were collected. Fiscal Year 2012/2013 Appropriation As part of the Eastern Dublin Traffic Impact Fee (EDTIF) Guidelines, there are provisions for the City to annually evaluate balances held by the City. The Staff is to evaluate possible use of funds held to reduce Impact Fee Credits that have converted to a Right to Reimbursement. Staff completed the analysis and will distribute funds as required in December 2012. When a Developer is granted an Impact Fee Credit, the initial "credit period" is for ten years. During that time the credit can be applied against fees owed. Impact Fee Credits do not increase once established. The Developer has an option to extend the "credit period" for an additional five years. Once the "credit period ends" the amount remaining converts to a "Right to Reimbursement" (RTR). The "Right to Reimbursement" continues for 15 years if no extension was requested, or it extends for 10 years if the Developer opted to have the five year "credit period" extension. The end result is that Developers have a total of 25 years that they may either use the credit or be repaid based on the availability of funds collected. At the end of the "Right to Reimbursement" period any unpaid amount is forfeited. Three entities currently hold a RTR for Eastern Dublin Traffic Impact Fee — Category 1. The total value is $943,321 and, based on current projects and available funds, Staff is proposing to reduce the balance by $270,000. The Traffic Impact Fee Administrative Guidelines has a specific formula for distribution of the funds based on the age of the RTR and the relative percentage to the total outstanding. These payments will be issued in December 2012. In addition to the distributions for Rights to Reimbursement, the funding agreement for improvements made to Tassajara Interchange provides that the holders of those credits receive an annual payment reducing credits held as a result of advance funding of the interchange improvements. This disbursement is based on Total EDTIF- Category 1 fees collected in the year. As such the distribution is typically made in July based on the previous June 30th information. The funding agreement provides that 8% of the fees are collected are distributed to these credit holders. The Fiscal Year 2012/2013 estimated distribution is $26,176, based on budgeted EDTIF 1 revenue. The actual distribution will be determined based on actual fees collected. Although the disbursement will occur in July 2013 it is recorded as a Fiscal Year 2012/2013 expense. A budget adjustment is proposed to align the proposed distribution expenses with the Project Budget. Staff have prepared a Budget Change (Attachment 3) which will appropriate $296,176 as part of CIP Project #960004 (East Dublin Arterial Improvements). This will account for estimated distributions to be recorded in Fiscal Year 2012/2013. NOTICING REQUIREMENTS /PUBLIC OUTREACH: Government Code Section 66006(b)(2) requires the report is to be included on the Agenda at a public meeting not less than 15 days after the information was made available. Staff previously made available to the public a draft copy of this report on Monday, December 2 2012. In addition the Government Code Section requires that the notice of the meeting shall be mailed, Page 4 of 5 at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. The Administrative Services Department distributed mailed notices to four of the recipients who had made a request within the past 12 months, as required by the California Government Code. Mailed notices were also provided to 35 parties who have filed requests in the past. ATTACHMENTS: 1. Annual Report of Developer Impact Fee Funds for the Year Ended June 30, 2012 2. Resolution Making Findings Regarding Unexpended Traffic Mitigation Contributions for Fiscal Year 2011 -2012 3. Budget Change Page 5 of 5 or 19r Cam= 10 �= #�),8'l currn ��° City of Dublin Annual Report of Developer Impact Fee Funds Deposits For the Year Ended June 30, 2012 CONTENTS SECTION INFORMATION PAGE(S) Section Table of Disclosure Requirements With Cross 1: Reference To Government Code and Location In 1 -2 City of Dublin Report ....................... Section Description Impact Fees Included In Report ... 3 2: Section Status of Funds 3: . Interfund Loans & Transfers • Specific Funds Held In Excess of 5 Years 4 - 7 • Refunds ............... ............................... Section 2011/2012 Accounting of Impact Fees By Major 4: Category • Public Facility Impact Fees • Fire Impact Fees 8 • Traffic Impact Fees Section Detail By Fund - Traffic Impact Fees 9 5: Contributions ........................... Section Detail - Traffic Impact Fees (Project Specific 10 5A: Mitigation ) Contributions ........................... Section Schedule of Funding For Public Improvements 6: And Percentage Funded By Developer Fees..... 11 -12 Data Available To Public December 3, 2012 Presented City Council Meeting December 18, 2012 ATTACHMENT 1 Section 1 TABLE OF IMPACT FEE DISCLOSURE REQUIREMENTS WITH CROSS REFERENCES Government Information Found Code Section Requirement In City Report At Provide the following: 66006 (b) (A) 1. A brief description of each of the City's impact Section 2, Part A fees. 66006 (b) (B) 2. The amount charged for the City's impact fees. Section 2, Part B 66006 (b) (C) 3. The beginning and ending balance for the City's Section 4 and impact fee accounts. Section 5 66006 (b) (D) 4. The amount of fees collected and interest earned. Section 4 and Section 5 66006 (b) (E) 5. An identification of each public improvement on Sections 4, 5 and 6 which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. 66006 (b) (F) 6. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. 66006 (b) (G) 7. A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. Section 3, Part B Section 3, Part A 66006 (b) (H) 8. The amount of refunds made pursuant to Section 3, Part C subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. ac Section 1 TABLE OF IMPACT FEE DISCLOSURE REQUIREMENTS WITH CROSS REFERENCES Government Information Found Code Section Requirement In City Report At 66001 (d) 9. For the fifth year following the first deposit into the Section 3, Part B and account or fund, and every five years thereafter, attached Resolution the City shall make all of the following findings for items a -e below. with respect to those portions of the impact fee remaining unexpended, whether committed or uncommitted. 66001 (d) (1) a. Identify the purpose to which the fee is to be used for. 66001 (d) (2) b. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. 66001 (d) (3) c. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements. 66001 (d) (4) d. Designate the approximate dates on which the funding referred to in item c above is expected to be deposited into the appropriate account or fund. 66006 (b) (1) (F) e. When sufficient funds have been collected, the agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvements will commence. —2— Section 2 DESCRIPTION OF IMPACT FEES A. DESCRIPTION OF THE CITY'S IMPACT FEES The City of Dublin has established the following Impact Fees and Traffic Mitigation Contributions: • Eastern Dublin Traffic Impact Fees • Downtown Traffic Impact Fee • Public Facilities Impact Fees • Park Dedication Fees • Fire Impact Fees • Tri Valley Transportation Development Fees • Freeway Interchange Fees • Dublin — Contra Costa Traffic Impact Mitigation Fees These impact fees were established to pay for the design, development and construction of public improvement projects for: streets; public facilities; parks; fire capital expansion projects and community amenities. B. AMOUNTS CHARGED BY THE CITY FOR IMPACT FEES AND PUBLIC IMPROVEMENTS FUNDED BY THESE FEES The amounts charged for the impact fees noted above are dependent upon the type and size of a particular development and were based upon related studies, conducted prior to the adoption of the fees. The City Council has adopted and imposed the subject fees through the passage of the following resolutions. These fees are updated on an annual basis based upon various cost indexes described in- further detail as part of the resolutions for these fees: Impact Fee Resolution / Ordinance Eastern Dublin Traffic Impact Fees Resolution 225 -99 (Includes BART Garage Pass - Through) Amended by Resolution 111 -04 Updated by Resolution 40-40 Downtown Traffic Impact Fee Resolution 210 -04 Amended by Resolution 47 -09 Public Facility Impact Fees Resolution 60 -99 Amended by Resolutions 214 -02 & 45 -09 Park Dedication Fees Chapter 9.28 Dublin Municipal Code Fire Impact Fees Resolution 37 -97 - Amended by Resolutions 208 - 00,12 -03, 77 -05 & 46 -09 Tri Valley Transportation Development Resolution 89 -98 Fees Amended by Resolutions 85 -99 & 87 -03 Pleasanton Interchange Fees Resolution 11 -96 Amended by Resolution 155 -98 Dublin — Contra Costa Traffic Impact Resolution 74 -00 and Contra Costa Mitigation Fees. Coun Ordinance No. 2000 -24 The studies and supporting documentation presented or adopted as part of the resolutions noted above identify the public improvements that those fees will be used to finance. These studies also show that there is a reasonable relationship: a.) between the fees' use and the type of development project on which the fee is imposed; and b.) between the need for the public facility and the type of development project on which the fee is imposed. —3— GA1Ab 1600 - Impact FeesTY 20121.sec 2_DescriptionofFeesFY2012.docx SECTION 3 STATUS OF FUNDS A. INTERFUND LOANS AND TRANSFERS OF IMPACT FEES No inter -fund loans or transfers of impact fees were granted to other funds during Fiscal Year 2011 -2012. The Fire Impact Fee Fund received an advance / loan from the General Fund in both Fiscal Year 2003/2004 and Fiscal Year 2004/2005. Collections of Fire Impact Fees are being used to repay the advance. Interest accrues at the rate equal to the City's return on its investment portfolio. B. ANALYSIS OF FEES LEVIED AGAINST DEVELOPMENT PROJECTS IN ACCORDANCE WITH SEC. 66001 OF THE (CGC) AND UNSPENT AFTER 5 YEARS The purpose of the review was to identify monies that have been collected and held for a period of more than five years and to make appropriate disclosures. The City of Dublin has analyzed the balance of monies held, at the beginning of Fiscal Year 2011 -2012 (July 1, 2011). The balances were evaluated based on "developer fees collected' separate from interest revenue. As of July 1, 2011 there were four projects involving the use of Traffic Mitigation Contributions, which have developer fees that continued to be held for more than five years. The Projects are included in the adopted City of Dublin Five Year Capital Improvement Program 2012 — 2017. In accordance with State Law, the City Council has previously adopted Resolution #211 -11 on December 20, 2011 declaring the need to continue to maintain the funds. Based on expenditures during Fiscal Year 2011 -2012, as of June 30, 2012, there are also four projects that have developer funds collected and held for more than five years. Details related to the projects which have funds held for more than five years are identified below: 1. PROJECT # 960025 - DOUGHERTY RD — SIERRA LANE TO NORTH TO CITY LIMIT This project combined funding sources from two mitigation funds 1A) Dougherty Road Amador Valley to North City Limits; and 1 B) Dougherty Road Amador Valley Boulevard to Houston Place. Expenditures allocated during Fiscal Year 2011 -12 fully utilized the developer funds collected as part of 1A. As shown below, funds still remain for 1 B, which have funds held in excess of five years: Mitigation Source Unspent Developer Total Project Costs As Fees Held More Than Identified in CIP Following 5 Years 6/30/2012 (Design Onlv) 1 A) Dougherty Rd (Amador Valley Blvd North to City Limit 1 B) Dougherty Rd (Houston PI $3,299 to Amador Valle Blvd TOTAL $3,299 JR11 R$1,343 249 Description of Project This project includes Phase 1 (Design and Project Scoping). This phase of work will result in the design and precise alignment of Dougherty Road from Sierra Lane to the North City Limit. This work is required prior to proceeding with construction. The design will identify the construction required to include six travel lanes, raised median, bike lanes and a separate pedestrian / bike path along the east side of Dougherty Road. The work will include surveying and preparation of an environmental assessment. In a previous phase using Mitigation Source 1(A) a traffic signal was added at Willow Creek Drive. GAAb 1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx —4— SECTION 3 STATUS OF FUNDS Source of Fundinq The work included in CIP Project #960025 is funded by Traffic Impact Fees, including contributions from the mitigation sources noted in the table above, as well as contributions from the Dublin / Contra Costa County (Dougherty Valley) Mitigation Fees. Approximate Project Completion Dates A contract for design services with Kimley -Horn & Associates was approved by the City Council February 7, 2012 and the Phase 1 design and environmental document preparation was estimated to be complete by June 13, 2013. 2. PROJECT # 960026 - DUBLIN BLVD. IMPROVEMENTS - SIERRA COURT TO DUBLIN COURT Mitigation Source Unspent Developer Fees Total Project Costs Held More Than 5 Years As Identified in CIP Dublin Blvd Improvements — $ 424,619 $197,634- Current Sierra Court to Dublin $3,017,089- Future Description of Project This project is proceeding with a first phase to develop design plans. The ultimate project will widen Dublin_ Boulevard from Sierra Court to Dublin Court, underground existing overhead utilities, and install bike lanes. This project will increase the roadway capacity from four to six lanes. Previous phases have widened other portions of Dublin Boulevard. The widening of this segment of Dublin Boulevard will complete the improvements on Dublin Boulevard from San Ramon Road to Dougherty Road. Recent traffic studies have shown that six lanes of traffic will be needed. Source of Funding Traffic Mitigation Contributions are being used for current budgeted design work. A portion of the future unfunded project is eligible for funding from Category 2 Eastern Dublin Traffic Impact Fees. Approximate Project Completion A contract for design services with Bellecci & Associates was approved by the City Council February 7, 2012 and the Phase 1 design and environmental document preparation was estimated to be complete by June 13, 2013. A precise completion date has not been established for the complete project including construction. It is currently expected that it will be a date outside the current 5 Year CIP planning horizon. GAAb1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx —5— SECTION 3 STATUS OF FUNDS 3. SCARLETT DR & IRON HORSE TRAIL EXTENSION - DUBLIN BLVD — DOUGHERTY RD (# Not Yet Assigned) Mitigation Source Unspent Developer Fees Total Project Costs As Held More Than 5 Years Identified In CIP Scarlett Dr. & Iron Horse Trail $ 159,114 $5,569,915 Extension — Dublin $ 28,802 $11,603,114 Blvd / Dougherty Rd Description of Project This project would provide an extension of Scarlett Drive and relocate and enhance a portion of the Iron Horse Trail. The roadway element is a connection between Dougherty Road and Dublin Boulevard (within the former Southern Pacific Railroad Right -of- Way). Source of Funding Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees; Alameda County Transportation Commission Project Funds. Approximate Project Completion Dates A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon. 4. DOWNTOWN TRAFFIC IMPACT FEE FUNDS (Various Projects) Source Unspent Developer Fees Total Project Costs As Held More Than 5 Years Identified In CIP Downtown Traffic Impact $ 159,114 $5,569,915 Fees Fund #4304 Description of Proiect(s) The Downtown Traffic Impact Fee identified six improvement projects to be constructed. Projects include: St. Patrick Way Extension; Golden Gate Widening; Dublin Blvd / Golden Gate Drive Intersection Improvements; Dublin Blvd / Amador Plaza Intersection Improvements; Dublin Blvd / Dougherty Road Intersection Improvements; and San Ramon Road Dublin Boulevard Intersection Improvements. Some elements have been completed, however the proportionate share may have been funded from other sources. Source of Funding Traffic Mitigation Contributions, Category 2 Eastern Dublin TIF Fees; Federal Transportation for Livable Communities Grant; Contra Costa County / Dublin (Dougherty Valley) Impact Fees. Approximate Project Completion Dates A precise completion date for the project has not been established. It is currently expected that it will be will be a date outside the current 5 Year CIP planning horizon. GAAb1600 -Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx SECTION 3 STATUS OF FUNDS C. REFUNDS During Fiscal Year 2011 -2012, $40,442.77 was refunded to the Lin Family. These were residual funds that had been advanced pursuant to a special funding agreement for the 1 -580 / Fallon Road Interchange. The refund was based on the completion of the project. A corresponding reduction was made to the amount of Traffic Impact Fee Credits previously issued as part of the improvement funding advance. D. RETIREMENT OF IMPACT FEE OBLIGATIONS During Fiscal Year 2011 -2012, payments were made to retire Impact Fee Credit Obligations as follows: GAAb1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx —7— FEE TYPE $ Amount Payments to holders of Impact Fee Eastern Dublin Credits that had converted to Rights Traffic Impact Fee $ 200,000.00 to Reimbursement — Cate o ry 1 Reimbursement pursuant to the Eastern Dublin construction agreement for the Traffic Impact Fee Tassajara Interchange. (Alameda — Category 1 $ 60,738.47 County Surplus Property Authority and the Lin Family) Reduction In Advance Assumed By Eastern Dublin Alameda County Surplus Property Traffic Impact Fee Authority (Original Advance Was — Category 2 $ 100,000.00 made by BART For East Dublin Station Access TOTAL $ 360,738.47 GAAb1600 - Impact Fees1FY 20121sec_3_Status of FundsFY2012.docx —7— CITY OF DUBLIN CAPITAL IMPACT FEE REPORT SECTION 4 FEES BY MAJOR CATEGORY (Activity July 1, 2011 - June 30, 2012) PUBLIC FIRE FACILITY TRAFFIC IMPACT FACILITY FEES IMPACT FEES FEES (ALL Ending Available 6130111 Fees Collected: 711/11-6130112 Interest 711/11 - 6/30/12 (Less: 2011112 Expenditures) Park Project Expenditures Traffic Improvements (Various Project Nos) Interest on Loan from General Fund for Construction of Fire Stations Retirement of Impact Fee Obligations Refunds Per CGC 66001(e)/(f) Pass Through Funds (See Schedule 5) Ending Balance 6130112 GRAND TOTAL Funds 4101 -4109 Fund 4201 Funds 4301 -4309 yl (Includes Park Dedication Fees) Detail In Schedule 5 $3,586,076.69 ($1,735,987.91) $7,063,185.12 $ 8,913,273.90 15,138,098.16 392,626.30 2,551,589.82 18,082,314.28 155,537.77 88,236.89 243,774.66 (539,636.46) (539,636.46) (791,063.34) (791,063.34) (15,552.77) (15,552.77) (360,738.47) (360,738.47) (40,442.77) (40,442.77) (476,006.45) (476,006.45) $18,340,076.16 ($1,358,914.38) —$- Dale Printed: 1202012 4:28 PM Rename: g:llmpacifee1ab16001Primary Schedules)2012 AB1600 CITY OF DUBLIN CAPITAL IMPACT FEE REPORT SECTION 5 BREAKDOWN OF TRAFFIC IMPACT FEE FUNDS (Activity July 1, 2011 -June 30, 2012 LOCAL TRAFFIC IMPACT FEES (EASTERN DUBLIN & DOWNTOWN) l DOWNTOWN 1 -5801 FALLON RD SUB -TOTAL "A" CATEGORY 1 CATEGORY 2 TRAFFIC IMPACT INTERCHANGE EAST DUBLIN FEE TIF (EDTIF) Fund #4301 Fund #4302 Fund #4304 Fund #4307 Ending Available 6130111 $973,736.61 $564,016.55 $477,839.14 $57,874.67 $2,073,466.97 Fees Collected: 711111- 6130112 759,230.92 440,762.24 145,288.00 0.00 1,345,281.16 Interest 711/11 - 6130/12 12,490.63 6,732.23 5,915.49 414.24 25,552.59 (Less: 2011112 Expenditures) Traffic Improvements (100,332.32) (211,868.95) (1,040.14) (17,846.14) (331,087.55) (Various Project Nos) Retirement of Impact Fee (260,738.47) (100,000.00) (360,738.47) Obligations Refunds Per CGC 66001(e)1(f) (40,442.77) (40,442.77) Ending Balance 6130112 $1,384,387.37 $699,642.07 $628,002.49 $0.00 $2,712,031.93 NON- EASTERN DUBLIN TRAFFIC IMPACT FEES (Regional / Mitigation) DUBLIN - SPECIFIC CATEGORY 3 TRI- VALLEY PROJECT LOCAL CONTRA COSTA TRANSPORTATION MITIGATION SUB -TOTAL REGIONAL FEES COUNTY DEVELOPMENT FEE FUND (See 5A for OTHER FEES MITIGATION Breakdown) Fund #4303 Fund #4305 Fund #4306 1 1 Fund # 4309 Ending Available 6130111 $1,519,571.99 $1,974,149.95 ($124,088.06) $1,619,617.14 $4,989,251.02 Fees Collected: 711111- 6130112 0.00 387,234.66 344,627.09 0100 731,861.75 Interest 711111 - 6/30112 16,892.91 22,265.59 7,591.64 14,841.75 61,591.89 (Less: 2011112 Expenditures) Traffic Improvements (Various Project Nos) - (26,703.53) (433,272.26) (459,975.79) Retirement of Impact Fee Obligations Ending Balance 6130112 $1,536,464.90 $2,356,946.67 $228,130.67 $1,201,186.63 $5,322,728.87 PASS - THROUGH i arsur t�a�ot FREEWAY GRAND TOTAL INTERCHANGE & SUB -TOTAL "A" SUB -TOTAL "B" TRAFFIC FEES BART GARAGE (EDTIF) LOCAL FEES (Pass- Through+ „A„ + „B „) Fund # 4308 Ending Available 6130111 $467.13 $2,073,466.97 $4,989,251.02 Fees Collected: 711/11 - 6130/12 474,446.91 1,345,281.16 731,861.75 Interest 711111 - 6130112 1,092.41 25,552.59 61,591.89 (Less: 2011112 Expenditures) (331,087.55) (459,975.79) Retirement of Impact Fee (360,738.47) Obligations Refunds Per CGC (40,442.77) 66001(e)/(f) BART Garage Reimbursements to (363,128.05) ACSPA Freeway Interchange Reimbursements - City of (112,878.40) Pleasanton Ending Balance 6/30112 $0.00 * $2,712 031.93 $6,322,728.87 * Note "Pass- Through” Balance excludes Year -End Interest accrual recorded as a liability. -g- Date Pdnted: 1222012 4:27 PM Rename: gNmpeclfeelab16001Pdmary Schedulee)2012 AB1600 5 TmfFc Breakdrn $7,063,185.12 2,551,589.82 88,236.89 (791,063.34 (40,442.77) (363,128.05) (112,878.40) CITY OF DUBLIN CAPITAL IMPACT FEE REPORT 2011 -2012 SECTION 5A DETAIL OF TRAFFIC MITIGATION CONTRIBUTIONS (From July 1, 2011 -June 30, 2012) 4309.41003 4309.41004 Scarlett Extension Parallel Rd Doug he /Dublin Blvd St. Patrick Way CIP PROJECT # 096840 (prior System) 960010 $ 118,129.02 $ 87,293.02 Balance Available 711111 Fees Collected: 711/11-6130112 Interest 711111 - 6130112 1,477.85 1,092.08 Less 2011112 Expenditures Refunds Per CGC 66001(e) 1(f) $ 119,606.87 $ 88,385,10 Ending Balance 6130112 E. 4309.41005 4309.41006 4309.41008 Dougherty Rd Dougherty Dublin Blvd. n/o AVB Houston PI To AVB Sierra Dghty 960025 960025 CIP PROJECT # 960026 Balance Available 7/1111 $ 374,416.82 $ 175,357.33 $ 746,761.94 Fees Collected: 711111-6/30/12 Interest 711111 - 6130112 1,712.10 801.62 8,286.13 Less 2011112 Expenditures (237,563.64) (111,281.65) (84,426.97) Refunds Per CGC 66001(e)1(f) Ending Balance 6130112 $ 138,565.28 $ 64,877.30 $ 670,621.10 4309.41007 4309.41009 Dublin /Silvergate Sybase Im vts Traffic Signal 960003 Not Yet Assigned CIP PROJECT # $ 55,306.60 $ 62,352.41 Balance Available 711111 Fees Collected: 7/11/111-61301112 Interest 711111 - 6130112 691.91 780.06 Less 2011112 Expenditures Refunds Per CGC 66001(e)1(f) $ 55,998.51 $ 63,132.47 Ending Balance 6130112 SUMMARY TOTAL ALL PROJECTS GRAND TOTAL Balance Available 711111 $ 547,852.44 $ 325,002.76 $ 746,761.94 $1,619,617.14 Fees Collected: 711/11- 6130112 0.00 0.00 0.00 0.00 Interest 711111 - 6130112 3,881.86 2,673.76 8,286.13 14,841.75 Less 2011/12 Expenditures (237,563.64) (111,281.65) (84,426.97) (433,272.26) Refunds Per CGC 66001(e)1(f) 0.00 0.00 0.00 0.00 Ending Balance 6130112 $ 314,170.66 $ 216,394.87 $ 670,621.10 0 $1,201,186.63 Printed: 1212/2 0124:30 PM Rename: g:VmpactfWab16001Pdmary Schedules)2012 AB1600 _10_ CITY OF DUBLIN IMPACT FEE REPORT SECTION 6 SCHEDULE OF FUNDING FOR PUBLIC IMPROVEMENTS $ PERCENTAGE DEVELOPER FEES LISTING OF ACCOUNTS WITH ACTIVITY JULY 1, 2011 to JUNE 30, 2012 Fiscal Year 2011- Fiscal Year TOTAL 2011 CIP # PROJECT NAME Expenditures DEVELOPER (Developer Fee Expenditures PROJECT es EXPENDITURE FEES Funds) (Other Funds) S (Fiscal Yr) 950007 Emerald Glen Park Recreation and Aquatic Complex Public Facility Fees 22,371.90 Other Fees None 0.00 Project 95007 Total 22,371.90 0.00 22,371.90 100% 950009 Passatempo Neighborhood Park Public Facility Fees 60,409.86 Other Fees None 0.00 Project 95009 Total 60,409.86 0.00 60,409.86 100% Positano Hills Neighborhood 950073 Park Public Facility Fees 456,854.70 Other Fees None 0.00 Project 950013 Total 456,854.70 0.00 456,854.70 100% TOTAL PUBLIC FACILITY FEE PROJECTS 539,636.46 0.00 539,636.46 100% (No active Projects. Fees collected are used to repay funds advanced). —11— CITY OF DUBLIN IMPACT FEE REPORT SECTION 6 SCHEDULE OF FUNDING FOR PUBLIC IMPROVEMENTS & PERCENTAGE DEVELOPER FEES LISTING OF ACCOUNTS WITH ACTIVITY JULY 1, 2011 to JUNE 30, 2012 Fiscal Year 2011- Fiscal Year ' TOTAL 2011-2012 PROJECT % FROM CIP # PROJECT NAME Expenditures DEVE O ER (Developer Fee Expenditures EXPENDITURE FEES Funds (Other Funds) S (Fiscal Yr) Ops 8301 Downtown TIF Administration Downtown TIF (Fund 4304:De t8301 Dept. Operating Budget Total OP 1901 Non-Departmental- Credit Pmts EDTIF Catl (Fund 4301) Pmts reducing Credits Held Non -Dept Budget Total 960001 1 -580 & Fallon Rd Interchange Fallon Interchange Funding IF2 -4307 Refund Fallon Interchange Funding TIF2 -4307 Other Fees None Project 960004 Total 960004 E. Dublin Arterial Improvements EDTIF (Category 1 EDTIF (Category 2) ACSPA ROW A mt -Access Rd Other Fees None Project 960004 Total 960022 Traffic Signal Improvements EDTIF -Cat 2 Fund 4302 Measure B BikelPed 2205 Project 960004 Total 960025 Dougherty Rd Impvts Sierrra Ln To North City Limits Specific Project Mitigation 1,040.14 Fees 41005 and 41006 Dougherty Valley TIF 4305 NIA Other Fees None Project 960004 Total 960026 Dublin Boulevard - Sierra Court Specific Project Mitigation Fees 41008 Other Fees None Project 960004 Total TOTAL TRAFFIC IMPACT FEE PROJECTS 1,040.14 1,040.14 0.00 1,040.14 NIA 260,738.47 260,738.47 0.00 260,738.47 NIA 17,846.14 40,442.77 0.00 58,288.91 0.00 58,288.91 100% 100,332.32 100,000.00 0.00 200,332.32 0.00 200,332.32 100% 211,868.95 224,904.42 211,868.95 224,904.42 436,773.37 49% 348,845.29 26,703.53 0.00 375,548.82 0.00 375,548.82 100% 84,426.97 0.00 84,426.97 100% 84,426.97 1,192,244.58 224,904.42 1,417,149.00 84% -12- RESOLUTION NO. -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MAKING FINDINGS REGARDING UNEXPENDED TRAFFIC MITIGATION CONTRIBUTIONS FOR FISCAL YEAR 2011 -2012 Recital The City has collected contributions for completion of off -site public traffic improvements needed as a result of new development, which will not be expended within five years after deposit. The improvements are described in the Fiscal Year 2012 - 2017 Five Year Capital Improvement Program and include the improvements described below: 2. The four fees and their associated projects described in the recital above are referred to as the "Four Traffic Improvements." Findings The City Council finds, on the basis of the foregoing Recitals, that: A. The contributions which have been collected for the Four Traffic Improvements will remain unexpended after Fiscal Year 2011 -2012. B. The contributions which have been collected for the Four Traffic Improvements will remain committed for construction of the improvements identified in the adopted Capital Improvement Program. C. The purpose for which the contributions will be used is construction of the Four Traffic Improvements, as described above and in the 2012 — 2017 Capital Improvement Program. D. The contributions were collected to make the Four Traffic Improvements, which improvements will mitigate traffic impacts caused by the new development projects which paid the fees. E. The contributions which have been collected for the Four Traffic Improvements are needed for construction of the Four Traffic Improvements. PASSED, APPROVED, AND ADOPTED this 18th day of December 2012. AYES: NOES: ATTACHMENT 2 Unexpended Developer Source of Fee Fees as of June 30, 2012 1. Project Specific Mitigation: Dougherty Road Improvements - Houston Place North to Amador Valley Blvd (Combined in new $ 3,299 C I P #960025) 2. Project Specific Mitigation: Dublin Blvd. Improvements — $424,619 Sierra Court to Dublin Court (CIP #960026) 3. Project Specific Mitigation: Scarlett Drive Extension Between Dublin Blvd and Dougherty Road (CIP# Future $ 28,802 Project) 4. Downtown Traffic Impact Fees: - Various Projects identified $159,115 in the Fee Resolution. 2. The four fees and their associated projects described in the recital above are referred to as the "Four Traffic Improvements." Findings The City Council finds, on the basis of the foregoing Recitals, that: A. The contributions which have been collected for the Four Traffic Improvements will remain unexpended after Fiscal Year 2011 -2012. B. The contributions which have been collected for the Four Traffic Improvements will remain committed for construction of the improvements identified in the adopted Capital Improvement Program. C. The purpose for which the contributions will be used is construction of the Four Traffic Improvements, as described above and in the 2012 — 2017 Capital Improvement Program. D. The contributions were collected to make the Four Traffic Improvements, which improvements will mitigate traffic impacts caused by the new development projects which paid the fees. E. The contributions which have been collected for the Four Traffic Improvements are needed for construction of the Four Traffic Improvements. PASSED, APPROVED, AND ADOPTED this 18th day of December 2012. AYES: NOES: ATTACHMENT 2 ABSENT: ABSTAIN: Mayor ATTEST: City Clerk CITY OF DUBLIN BUDGET CHANGE FORM FISCAL YEAR 2012/2013 BUDGET CHANGE # New Appropriations (City Council Approval Required): Budget Transfers: X From Unappropriated Reserves From Budgeted Contingent Reserve East Dublin Traffic Impact Fee — Category 1 Within Same Department Activity From New Revenues Between Departments (Council Approval Req'd) Other REASON FOR BUDGET CHANGE ENTRY: At the December 18, 2012 City Council meeting, the City Council received a report regarding Developer Mitigation Fees and amounts that were expected to be distributed to certain holders of Credits and Rights to Reimbursements. These disbursements are expensed under (CIP #960004), Eastern Dublin Arterial Improvements. The amount budgeted for Holders of Rights to Reimbursement is $270,000 and $26,176 is budgeted for Tassajara Interchange Impact Fee Credit Holders. This Budget Change will appropriate a total of $296,176 from this TIF 1 reserves to finance projected disbursement in Fiscal Year 2012/2013. As Presented at the City Council Meeting on: Date: 12/18/2012 ################ #(Finance Use Only)################# Posted By: Date: City Council Minutes Excerpt Attached Reviewed By: G: \Budget Changes \5_2012 -13 \11_12_18_12 CIP960004_E_ Dublin _Arterial_Disbursements.docx ATTACHMENT 3 Name: Eastern Dublin Arterial Improvements — Streets CIP Projects — Impact Fee Obligations $270,000 GL Acct #: 3600.9601.81999 Project Acct #: 960004.9600.9509.4301 Name: Eastern Dublin Arterial Improvements — Streets CIP Projects — Impact Fee Obligations 26,176 GL Acct #: 3600.9601.81999 Project Acct #: 960004.9600.9509.4301 TRANSFERSIN TRANSFERS OUT Name: TIF 1 Fund — Streets CIP Name: TIF 1 Fund — Streets CIP Project — Transfer In Project — Transfer Out $296,176 $296,176 GL Acct #: 3600.9601.49999 GL Acct #: 4301.9601.89101 Project Acct #: 960004.9509 REASON FOR BUDGET CHANGE ENTRY: At the December 18, 2012 City Council meeting, the City Council received a report regarding Developer Mitigation Fees and amounts that were expected to be distributed to certain holders of Credits and Rights to Reimbursements. These disbursements are expensed under (CIP #960004), Eastern Dublin Arterial Improvements. The amount budgeted for Holders of Rights to Reimbursement is $270,000 and $26,176 is budgeted for Tassajara Interchange Impact Fee Credit Holders. This Budget Change will appropriate a total of $296,176 from this TIF 1 reserves to finance projected disbursement in Fiscal Year 2012/2013. As Presented at the City Council Meeting on: Date: 12/18/2012 ################ #(Finance Use Only)################# Posted By: Date: City Council Minutes Excerpt Attached Reviewed By: G: \Budget Changes \5_2012 -13 \11_12_18_12 CIP960004_E_ Dublin _Arterial_Disbursements.docx ATTACHMENT 3