HomeMy WebLinkAboutResolution 2014-053 N.C.S. 4/7/2014Resolution No. 2014-053 N.C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ACCEPTING THE FISCAL YEAR 2013 DEVELOPMENT IMPACT FEE REPORT
PURSUANT TO AB -1600 (GOVERNMENT CODE SECTION 66000 ET SEQ.) AND
MAKING FINDINGS REGARDING UNEXPENDED DEVELOPMENT IMPACT FEES
WHEREAS, the City of Petaluma imposes fees to mitigate the impacts of development,
pursuant to Government Code §§66000 et seq.; and,
WHEREAS, fees collected are deposited into a separate fund account for each type of
development impact fee; and,
WHEREAS, the a description of each fee, its amount, and various information required
by Government Code section 66006(b)(1) to be reported on an annual basis is set forth in the
Development Impact Fee Report — Fiscal Year 2012-2013 attached hereto as Exhibit A and
incorporated herein by reference ("the Report"), as required by Government Code §66006(b)(1);
and,
WHEREAS, the Report was made available to the public on the city's website on March
20, 2014; and,
WHEREAS, copies of the Report were mailed to all persons having requested notice of
City actions relating to fees on March 20, 2014; and,
WHEREAS, the City Council has reviewed the Report; and,
WHEREAS, the City of Petaluma has collected development impact fees in certain
funds, some of which fees will not be expended within five years from the first deposit of fees
into said accounts; and,
WHEREAS, Government Code section 66001(d) requires the city to make certain
findings every five years with respect to the portion of the funds remaining unexpended live
years after the first deposit of fees into said funds; and,
WHEREAS, as of June 30, 2013, the following fimd accounts have funds remaining
unexpended more than five years after the first deposit of fees into said funds: Fund 2120
Community Facilities; Fund 2135 Library Facilities; Fund 2140 Parkland Acquisition and
Development; and Fund 2145 Law Enforcement Facilities.
NOW, THEREFORE, BE IT RESOLVED that:
The recitals stated herein are true and correct and adopted as findings of the City
Council.
Resolution No. 2014-053 N.C.S. Page 1
2. The City Council has received and reviewed and hereby accepts the Development
Impact Fee Report — Fiscal Year 2012-2013 attached hereto as Exhibit A and
incorporated herein by reference ("the Report").
3. As to Fund 2120 Community Center Facilities; Fund 2135 Library Facilities; Fund
2140 Parkland Acquisition and Development; and Fund 2145 Law Enforcement
Facilities; (collectively, the "Four Fee Accounts"), the City Council finds that:
a. The purpose to which each fee is to be put is identified generally in Exhibit A
of the Report, and more specifically in the City of Petaluma Mitigation Fee
Report (Sinclair & Associates, May 8, 2008) and the Development Impact Fee
Calculation and Nexus Report for the City of Petaluma, California and Master
Facilities Plan for the City of Petaluma, California (both, Revenue & Cost
Specialists, L.L.C., August, 2003) (collectively, the "Nexus Studies")Copies of
the Nexus Studies are available for inspection at the offices of the City Clerk.
b. There is a reasonable relationship between each fee and the purpose for which
it is charged, as more fully set forth in the Nexus Studies.
C. The remainder of funds needed to construct the public improvements identified
in the Nexus Studies related to each of the Four Fee Accounts will be collected
from future development impact fees through 2025, the life of the City of
Petaluma General Plan 2025, and from other sources as identified in the Nexus
Studies and the City's adopted Capital Improvement Program.
d. Future sources and amounts of funding anticipated to complete the financing of
specific future capital projects are identified and deposited into the appropriate
account as part of the City's Capital Improvement Program budget cycle. No
individual development impact fee find has collected sufficient finds to
construct all improvements covered by that fund as described in the Nexus
Study.
Under the power and authority conferred upon this Council by the Charter of said City
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma ate Regular meeting on the 7`h day of April, 2014, .,� ''I rm:
by the following vote:
City Att r -y
AYES: Albertson, Barrett, Mayor Glass_ Harris, Healy, Vice Mayor Kearney
NOES: None
ABSENT: Miller
ABSTAIN: None
1/%/'
ATTEST:...��Yt`'S
Resolution No. 2014-053 N.C.S. Page 2
Exhibit A to Resolution
011112%41
CITY OF PETALUMA, CALIFORNIA
ANNUAL DEVELOPMENT IMPACT FEE REPORT
FISCAL YEAR 2012-13
Resolution 2014-053 N.C.S. Page 3
City of Petaluma
Annual Development Impact Fee Report
Fiscal Year 2012-13
Background
The Mitigation Fee Act, Government Code §§66000 et seg., (the "Act") governs the establishment and
administration of development impact fees paid by new development projects for public facilities needed
to serve new development. Fees must be separately accounted for and used for the specific purpose for
which the fee was imposed. The City's adopted development impact fees are listed in the attached
exhibits. Expenditures are authorized through the annual Capital and Operating Budgets and the City's
Capital Improvement Program. The annual adopted City Budget is on file with the City Clerk.
Annual Development Fee ReportinH
The Act requires that the City prepare an annual review of all development impact fees as defined in the
Act and make a public report on the fees available to the public after the end of each fiscal year.
Government Code §66006(b)(2) requires the report to be placed on an agenda for review at a public
meeting not less than 15 days after the report is made available to the public. The Fiscal Year 2012-2013
report was made available to the public on the City of Petaluma website on March 20, 2014; a copy of the
report also was mailed to all persons who had requested mailed notice relating to city fees on March 20,
2014.
Excluded from this report are developer fees which are not subject to the reporting requirements of the
Act. For example, fees collected pursuant to the City's zoning powers, rather than pursuant to the Act, are
in -lieu housing fees, the commercial linkage fee which is the non-residential equivalent of an in -lieu
housing fee, public art in -lieu fees and two fees related to the Central Petaluma Specific Plan area. Water
capacity fees and wastewater capacity fees are not development impact fees as defined in Sections 66006
and 66001 of the Act. The Quimby Act parkland acquisition fee for residential subdivisions is imposed
pursuant to the Subdivision Map Act (Gov't. Code §66477), and is also not included in the Section 66001
reporting requirement.
The Storm Drainage Fee was last updated in 1986, prior to the January 1, 1989 effective date of AB 1600,
but is nevertheless included in this report and findings for informational purposes.
The city is also required to adopt by resolution certain findings for any fund accounts which contain
unexpended funds as of the fifth fiscal year following the first deposit into those funds and every five
years thereafter. (Gov't. Code §66001(d).) The effected accounts are shown on Exhibit C to this report
and are Fund 2120, Community Facilities; Fund 2135, Library Facilities; Fund 2140, Parkland
Acquisition and Development; Fund 2145, Law Enforcement Facilities.
The report is organized as follows:
Exhibit A: A brief description of the purposes of each development impact fee and its authorizing
legislation (Gov't. Code §66006(b)(1)(A).)
Exhibit B: Summary of the July 1, 2012 beginning balance, annual fee revenue collected, interest earned,
returned unused funds from projects, identification of public improvements on which fees were expended
and the ending balance as of June 30, 2013 for each fee (Gov't. Code §66006(b)(1)(C)-(E).) Excess funds
from capital project funds were returned to the originating revenue funds. The annual expenditures on
Resolution 2014-053 N.C.S. Page 4
each specific public improvement are listed, including the total percentage of the cost of the public
improvement that was funded with development impact fees. In addition to public improvement project
costs, the City incurs costs to administer each mitigation fee program and to prepare the annual reports
and the five-year compliance analysis also required by the Act. As shown in the mitigation fee cost
studies (or "nexus studies") which support the various impact fees, the City charges administrative and
compliance costs at 3% of the program cost for each fee as a program expense. The actual dollar cost for
these expenditures is listed for each fee. No individual development impact fee fund has collected
sufficient funds to construct all improvements covered by that fund as described in the nexus studies
(Gov't. Code §66006(b)(1)(F).)
Exhibit C: Shows the funds which have unexpended fees more than five years after the first
deposit of money into those funds (Gov't. Code§66006(b)(1)(b).)
Exhibit D: Identifies the amount of each development impact fee, including the modifications which
became effective August 27, 2012, when the City updated all development impact fees (Gov't. Code
§66006(b)(1)(B).)
Exhibit E: Identifies interfund loans, transfers, refunds or reallocation of funds in lieu of refunds in Fiscal
Year2012-2013(Gov't. Code §66006(b)(1)(G)-(H)).
Resolution 2014-053 N.C.S. Page 5
Exhibit A
City of Petaluma
Development Impact Fee Summary
Fee #
Impact Fee Name
Fee Authority
Brief Description of the Type of Fee
1
(Ai
Aquatic Center Facilities
Reso. 2008-086
The Aquatic Center Facilities Impact Fee is to finance the
Impact Fee
N.C.S., May 19,
portion of construction of an aquatic complex with a 50
2008
meter lap pool and a 4,500 square foot recreation pool
that is related to the project's services to new
development.
2
tAi
Community Center
Reso. 2008-088,
The Community Center Facilities Impact Fee is to finance
Facilities Impact Fee
N.C.S., May 19,
the expansion of community center facilities, including
2008
furniture and fixtures, to equip new community center
facilities space required to reduce the impact of future
development.
3
1Ai
Fire Suppression
Reso. 2008-088
The Fire Suppression Facilities Impact Fee is to finance
Facilities Impact Fee
N.C.S., May 19,
specific fire protection and emergency services facilities
2008
to reduce impacts caused by future development.
4
(Ai
Library Facilities Impact
Reso. 2008-090
The Library Facilities Impact fee is to provide funding for
Fee
N.C.S., May 19,
additional library facilities, furniture, fixtures and
2008
collection materials to reduce the impacts caused by
future development.
5
Parkland Acquisition Fee
Reso. 2008-092
The Parkland Acquisition Fee is imposed on
N.C.S., May 19,
development projects that are not subject to the Quimby
2008
Act. It funds acquisition of and payment for parkland
necessary to maintain the standard established in the city's
General Plan, based on a ratio of parkland acreage to
population, including employees of new commercial
development, as new residents and employees are added
by new development.
6
Parkland Development
Reso. 2008-093
The Parkland Development Fee funds public facilities
Impact Fee
N.C.S., May 19,
which improve neighborhood and community parklands
2008
as needed to serve new development.
7
(A)
Open Space Acquisition
Reso. 2008-091
The Open Space Acquisition Fee funds acquisition of and
Impact Fee
N.C.S., May 19,
payment for open space necessary to maintain the city's
2008
standard established in its General Plan based on a ratio of
open space acreage to population, including employees of
new commercial development, as new residents and
employees are added by new development.
8
1Ai
Law Enforcement
Reso. 2008-089
The Law Enforcement Facility Fee funds the portion of
Facilities Impact Fee
N.C.S., May 19,
construction of new law enforcement facilities, including
2008
a new police station and two communications towers, and
acquisition of police vehicles and equipment, that is
related to the need to serve new development.
Resolution 2014-053 N.C.S. Page 6
Exhibit A
Fee #
Impact Fee Name
Fee Authority
Brief Description of the Type of Fee
9
Public Facilities Impact
Reso. 2008-094
The Public Facilities Impact Fee funds a proportionate
Fee
N.C.S., May 19,
share of City Hall renovation or relocation, corporation
2008
yard construction and VOIP and Wi-Fi communications
systems. It also funds additional computer technology and
city vehicles to serve the added population and employees
brought to the city by new development.
10
City Facilities
Reso. 2012-121
The City Facilities Development Impact Fee funds design,
Development Impact Fee
N.C.S., August
engineering, right-of-way and reasonable costs of outside
27, 2012
consultant studies related thereto, reimburse the City for
the Facilities constructed by the City with funds from
other sources including funds from other public entities,
reimburse developers who have designed and constructed
any of the facilities with prior City approval and have
entered into an agreement and pay for and/or reimburse
costs of program development and ongoing administration
and maintenance for the Fee program, including, but not
limited to, the cost of studies, legal costs, and other costs
of updating the Fee.
1 I
Storm Drainage Impact
Ord. 1530
The Storm Drainage Impact Fee funds the construction of
Fee
N.C.S., eff. Sept.
storm drainage improvements needed to control increases
20, 1982; Ord.
in run-off created by new development projects. The
1653 N.C.S., eff.
Storm Drainage Impact Fee was adopted and last updated
June 2, 1986
before the enactment and effective date of AB 1600, but is
(Petaluma
included in this report for informational purposes.
Municipal Code
Chapter 17.30);
Reso. 9751
N.C.S., June 2,
1986
12
Traffic Development
Reso. 2008-095
The Traffic Development Impact Fee funds construction
Impact Fee
N.C.S., May 19,
and implementation of improvements to Ivey elements of
2008
the citywide transportation system sufficient to
accommodate future traffic demand generated by new
development.
The City Facilities Impact Fee is a newly established fee which consolidates the following six previous development
impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities Impact Fee, Fire
Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities Impact Fee, and the Public
Facilities Impact Fee.
Resolution 2014-053 N.C.S. Page 7
Exhibit B
Development Impact Fee Report
Fiscal Year 2012-13
Fund Balance
Fee
Interest
Return Unused
Expenditures/
Est % funded
Ending Balance
Fund
Fund Title / Project Title
7/1/2012
Revenue
Revenue
Funds
.Transfers
by Impact Fees
6/3012013
2110
ov Aquatic Ce titer Facilities Impact Fees
51,45L48
22,569.60
25578
73609
73540.77
City administrative costs..
_
736 .09
1000%_
2120
mi Community Facilities Impact Fees.. _
1,094,36262
71,88700
3,72156
_.
__..15,30661
_.
1,154,664.57
c 16201306 Community Center Roof
12,000.00
100.0%
City administrative costs
_..
__.
3,306.61.
100.0%_
_
2121
wi Community Ce me r Facilities -08
133,325.89
45,01239
65548
1,30127.
177,672.49
City administrative costs,
1,35L27
100.0%
2125
int Fire Suppression Facilities Impact Fees
279,94858
69,13827
..1,12071
120,00000
162_174 15.__
__.
307,933.41
c00300405 Expansion of Fire Station 42 K 83
'..
120,000.00
160,000.00
City administrative costs
_
...._.
2_174.15
100.0%_
2135
i,u Library Facility Impact Fees
18333774
43,65060
_.80177
_ 1,45952
22633359
City administrative costs
1,45952.....
1000%...
2140
Parkland Acq and Dev Impact Fees
1,749,483 32
165,623 00
2,833.26
74,000.00
,., 80568 69
,..,...
1,911370.89
c00400206 Wiseman Park Improvements
74,000.00:
75,000.00
100.0%
City administrative costs
5,568 69
100.0%
2141
Parkland Acquisition Impact Fees -08
579,380.57
97,678.94
2,490.27
2,930.37
676,619.41
City administrative costs
2,930.37
100.0%
2142
Pnldand Development Impact Fees. -08
390,48835..
_337,49821
1,37530
347,66400
10,12495...
_
1,066,900.91
c 14500901 Luchessi lvulli-Use Synthetic
347,664 00
.City administrative costs......
10,124.95
1000%....
2143.
Open Space Acquisition Impact Fees 08
174,88467
..(38,57720)
......92969
(1,157.32).
138394.48
City administrative costs
(1,15232)
100.0%
2145
int Law Enforcement Facilities Impact Fees
360,090.45
73,7_3.20
1,548.10
.....
2,461.70
_...
432,900.05
City administrative costs.....
2,461.70..
100.0%
2150
tri Public Facilities Impact Fees
86,92911
68,41800
.....43838
_.
2,10254
153,682,95
City administrative costs
2,102.54
100.0%
2151
int Public Facilities Impact Fees -08
126,700 14
36,98643
609.77
1,109.59
163,186.75
City administrative costs
1,10959
100.0%
2152
City Facilities Development Impact Fees
180,387.06
399.05
5,41161
175374.50
City administrative costs
5,411.61
100.0%
2155
Storm Drainage Impact Fees
2,901,468.98
22667.57
6,44147
270325.06
160,130.03
3,040,773.05
c00500103 -Railroad Track Relocation
189,733.06
c 16301307-Pemluma River Flood Control._...
_..._
80j92.00
c00500701 Storm Dredge Spoils Reclamation
155,000.00
1000%
City administrative costs
5,130.03.
100.00/.
Resolution 2014-053 N.C.S.
Page 8
Exhibit B
(A) The City Facilities Impact Fee is a newly established fee which consolidates the following six previous
development impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities
Impact Fee, Fire Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities
Impact Fee, and the Public Facilities Impact Fee.
Resolution 2014-053 N.C.S. Page 9
Fund Balance
Fee
Interest
Return Unused
Expenditures/
Est% funded
Ending Balance
Fund
Fund Title / Project Title
7/1/2012
Revenue
Revenue
Funds
Transfers
by Impact Fees
6/30/2013
2156
Storm Drainage Impact Fees -08
1.1,82233
193,60972
.........48747
_... 5,80829__.
200,111.23
City administrative costs
_.. _
5,808.29
100.0%
2160
Tmlllc Impact Fees
2,368,47349
421,003.00
2,477.45
182,568.94
459,811.78
2,514,711.10
c00501504 -street safe routes to school
31,861.59
c 16100902 -Streets ped sine E Washington
_ .
... 20,799 74 ..
.
c00500108 -street pedestrian saletly enhancements
129,907.61
c00501204 Rainier Ave Cross -Town Con
355,000.00
100.0%
c00501204 Rainier Ave Crass -Town Con -legal
_ 30,077 23
_ 3300/.
c00501304 Old Redwood l lwh Interchange -legal
_ 30,07723
330.
E16100280 101/E Washington -legal
30,077.23
33.0%
City administrative costs
14580.09
100.0%
2161
Tndfc Impact Fees -08
1,336,493.42
675,284.27
7,566.82
1888.53
100.00
7,430,985.98
City administrative costs
188,258.53
100.0%
(A) The City Facilities Impact Fee is a newly established fee which consolidates the following six previous
development impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities
Impact Fee, Fire Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities
Impact Fee, and the Public Facilities Impact Fee.
Resolution 2014-053 N.C.S. Page 9
Exhibit C
Funds Containing Unexpended Fees More than five years after First Deposit to Fund
(A) The City Facilities Impact Fee is a newly established fee which consolidates the following six previous
development impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities
Impact Fee, Fire Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities
Impact Fee, and the Public Facilities Impact Fee.
Resolution 2014-053 N.C.S. Page 10
Fund Name
Fund Balance
6/30/2009
5 -Year Revenue
5 -Year
Expenditures
Fund Balance
6/30/2013
Fund
2120: Community Facilities (A)
401,211.35
780,836.88
27,383.66
1,154,664.57
Fund
2135: Library Facilities (A)
82,296.87
153,196.09
9,159.37
226,333.59
Fund
2140: Parkland Acquisition & Development
881,429.57
1,484,368.58
454,427.26
1,911,370.89
Fund
2145: Law Enforecement Facilities (A)
161,220.02
286,931.55
15,251.52
432,900.05
(A) The City Facilities Impact Fee is a newly established fee which consolidates the following six previous
development impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities
Impact Fee, Fire Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities
Impact Fee, and the Public Facilities Impact Fee.
Resolution 2014-053 N.C.S. Page 10
Exhibit D
Development Impact Fee Schedule
FEE TYPE
LAND USE TYPE
FEE
UNIT OF MEASUREMENT
City Facilities
Development Impact
Fee (A)
Single Family Residential
$5,399
Unit
Multifamily Residential
$3,635
Unit
Accessory Dwelling
$1,852
Unit
Commercial
$1,022
1,000 sq ft of building space
Office
$978
1,000 sq ft of building space
Industrial
$622
1,000 sq ft of building space
Commercial
Development Housing
Linkage Fee
Commercial
$2.08
Square Foot
Retail
$3.59
Square Foot
Industrial
$2.15
Square Foot
Open Space Acquisition
Fee
Single Family Residential
$379
Unit
Multifamily Residential
$255
Unit
Accessory Dwelling
$130
Unit
Commercial
$72
1,000 sq ft of building space
Office
$69
1,000 sq ft of building space
Industrial
$44
1,000 sq ft of building space
Park Land Acquisition
Fee (Quimby and Non -
Quimby Act Projects)("]
Single Family Residential
$1,616
Unit
Multifamily Residential
$1,093
Unit
Accessory Dwelling
$554
Unit
Commercial
$306
1,000 sq ft of building space
Office
$293
1,000 sq ft of building space
Industrial
$186
1,000 sq ft of building space
Park Land Development
Impact Fee
Single Family Residential
$5,212
Unit
Multifamily residential
$3,510
Unit
Accessory Dwelling
$1,788
Unit
Commercial
$987
1,000 sq ft of building space
Office
$944
1,000 sq ft of building space
Industrial
$601
1,000
Resolution 2014-053 N.C.S. Page 11
Exhibit D
FEE TYPE
LAND USE TYPE
FEE
UNIT OF MEASUREMENT
Traffic Development
Impact Fee
Single Family Residential
$18,978
Unit
Multifamily Residential
$11,650
Unit
Accessory Dwelling
$5,261
Unit
Senior Housing
$5,073
Unit
Office
$18,199
1,000 sq ft of building space
Hotel/Motel
$11,086
Room
Commercial/Shopping
$17,522
1,000 sq ft of building space
Industrial/Warehouse
$12,928
1,000 sq ft of building space
Education
$ 2,894
Student
Institution
$ 6,718
1,000 sq ft of building space
Wastewater Capacity
Fee (c)
Single Family Residential
$7,166
Unit
Multifamily Residential
$4,744
Unit
Accessory Dwelling
$2,636
Unit
Non -Residential Customers«)
$ 15.20
$ 3,451.16
$ 3,957.33
Per gallon daily flow
Per daily pound of BOD
Per daily pound of TSS
Water Capacity Fee
(per meter size)
METER SIZE
FEE
3/4
$3,488
1" (residential)
$3,488
1" (non-residential)
$5,825
1 '/
$11,615
2"
$18,591
3"
$34,880
4"
$58,145
6"
$115,104
>6
Case by
Case basis
(a) The City Facilities Impact Fee is a newly established fee which consolidates the following six previous development
impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities Impact Fee, Fire
Suppression Facilities Impact Fee, Law Enforcement Facilities Impact Fee, Library Facilities Impact Fee, and the
Public Facilities Impact Fee.
(b) The Quimby Act applies only to fees and/or dedications imposed on certain subdivisions subject to the Subdivision
Map Act to fund land acquisition costs for park or recreational purposes.
Resolution 2014-053 N.C.S. Page 12
(c) The wastewater capacity fee for non-residential users is based on the daily flow, biological oxygen demand and the
total suspended solids of the wastewater being discharged. Please contact the Department of Public Works & Utilities
at 707-778-4546 for a quote.
Resolution 2014-053 N.C.S. Paoe 13
Exhibit E
Status of Interfund Loans, Transfers, Refunds or Reallocation of Funds
Fiscal Year 2012-13
Interfund Loans
The Storm Drainage Impact Fee fund lent the Storm Water Utility Operations fund $533,208.65 to cover storm water
maintenance costs from January 1, 2012 through December 31, 2014. Payment of principal and interest shall begin on
June 30, 2015 and shall be made in 12 equal annual payments. This loan is scheduled to be repaid by June 30, 2026.
The Community Facilities Impact Fee fund lent the Parks CIP fund $340,342.24 through June 30, 2013 to renovate the
Swim Center pool heating boilers. All payment of principal and interest are payable upon receipt of the PG&E General
On -Bill Financing Loan described in Resolution No. 2011-170 N.C.S. and 2013-004 N.C.S..
There were no Transfers, Refunds or Reallocation of Funds during FY 12-13.
Resolution 2014-053 N.C.S. Page 14