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HomeMy WebLinkAboutStaff Report 3.C 12/05/2016Agenda Item #3.0 DATE: December 5, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: William Mushallo, Finance Director Janine Tedrow, Senior Accountant SUBJECT: Resolution Accepting the Fiscal Year 2016 Development Impact Fee Report RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Accepting the Fiscal Year 2016 Development Impact Fee Report Pursuant to AB 1600 (Government Code Section 66000 ET SEQ.). BACKGROUND The Mitigation Fee Act, Government Code § §66000 et seq., (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. 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. DISCUSSION The Mitigation Fee Act requires that the City prepare an annual accounting report of all fees subject to the Act (Government Code §66006(b)(1)). The annual development impact fee report for the year ending June 30, 2016 is included as Attachment 2 to this agenda report. The annual development impact fee report must be made available to interested parties and the public at least 15 days prior to the time the report is presented at a City Council meeting for review by the Council pursuant to Government Code §66006(b)(2). The FY 2015 -2016 report was made available to the public on the City of Petaluma website on November 17, 2016; and a copy of the report also was mailed on November 17, 2016 to all persons who had requested mailed notice relating to City fees. FINANCIAL IMPACTS There are no financial impacts directly related to the recommended action. Depending on development activities there may or may not be direct expenditures for some of these funds. There are, however, fixed costs related to the administration and accounting of the development fees, which have been reported as "City Administrative Costs" and which occur regardless of whether direct expenses have occurred. A summary of all impact fee expenditures during FY 2015 -2016 is also included in Attachment 2. ATTACHMENTS 1. Resolution Accepting the Annual Development Impact Fee Report 2. FYI 5-16 Annual Development Impact Fee Report P1.1.09 ATTACHMENT 1 RESOLUTION ACCEPTING THE FISCAL YEAR 2016 DEVELOPMENT IMPACT FEE REPORT PURSUANT TO AB -1600 (GOVERNMENT CODE SECTION 66000 ET SEQ.) 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, 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 2015 -2016 attached hereto as Attachment 2 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 November 17, 2016; and, WHEREAS, copies of the Report were mailed on November 17, 2016 to all persons having requested notice of City actions relating to fees; and, WHEREAS, the City Council has reviewed the Report. NOW, THEREFORE, BE IT RESOLVED that: 1. The recitals stated herein are true and correct and adopted as findings of the City Council. 2. The City Council has received and reviewed and hereby accepts the Development Impact Fee Report — Fiscal Year 2015 -2016 attached hereto as Attachment 2 and incorporated herein by reference ( "the Report"), 0 Attachment 2 apsuolikoh,% 9 Mo • 9 CITY OF PETALUMA, CALIFORNIA ANNUAL DEVELOPMENT IMPACT FEE REPORT FISCAL YEAR 2015 -16 City of Petaluma Annual Development Impact Fee Report Fiscal Year 2015 -16 Background The Mitigation Fee Act, Government Code §§66000 et seq., (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 Reporting 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 2015 -2016 report was made available to the public on the City of Petaluma website on November 17, 2016; a copy of the report also was mailed to all persons who had requested mailed notice relating to city fees on November 17, 2016. 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 one fee 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 fiend 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).) In FY 15 -16, no impact fee funds fall into this category and therefore no resolution has been adopted related to unexpended funds. 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, 2015 beginning balance, annual fee revenue collected, interest earned, returned unused funds from projects and loan repayments, identification of public improvements on which fees were expended and the ending balance as of June 30, 2016 for each fee (Gov't. Code §66006(b)(1)(C) -(E).) Excess fiends from capital project fiends were returned to the originating revenue Rinds. The annual expenditures on 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 2% 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 fiends to construct all improvements covered by that fund as described in the nexus studies (Gov't. Code §66006(b)(1)(F).) Exhibit C: Identifies the amount of each development impact fee, including the modifications which were adopted December 7, 2015, when the City amended provisions of the Traffic Development Impact Fee. Exhibit D; Identifies interfund loans, transfers, refunds or reallocation of funds in lieu of refunds in Fiscal Year 2015.2016 (Gov't. Code §66006(b)(1)(G) -(H)). Exhibit A City of Petaluma Development Impact Fee Summary Fee # Impact Fee Name Fee Authority Brief Description of the Type of Fee 1 (A) Aquatic Center Reso, 2008 -086 The Aquatic Center Facilities Impact Fee is to finance the Facilities 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 set-vices to new development, 2 (A) Community Center Reso. 2008 -088, The Community Center Facilities Impact Fee is to Facilities Impact Fee N.C.S., May 19, finance the expansion of community center facilities, 2008 including furniture and fixtures, to equip new community center facilities space required to reduce the impact of future development, 3 (A) 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 (A) Library Facilities Reso. 2008 -090 The Library Facilities Impact fee is to provide funding for Impact 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 Reso, 2014 -03 8 The Parkland Acquisition Fee is imposed on Fee N.C.S., March 3, development projects that are not subject to the Quimby 2014; Reso. 2012- Act. It funds acquisition of and payment for parkland 124 N.C.S., August necessary to maintain the standard established in the 27, 2012; Reso, city's General Plan, based on a ratio of parkland acreage 2008 -092 N.C.S., to population, including employees of new commercial May 19, 2008 development, as new residents and employees are added by new development, 6 Parkland Development Reso. 2014 -037 The Parkland Development Fee funds public facilities Impact Fee N.C,S., March 3, which improve neighborhood and community parklands 2014; Reso. 2012 as needed to serve new development, 122 N.C.S., August 27, 2012; Reso, 2008 -093 N.C.S., May 19, 2008 7 Open Space Acquisition Reso, 2014 -039 The Open Space Acquisition Fee funds acquisition of and Impact Fee N.C.S., March 3, payment for open space necessary to maintain the city's 2014; Reso, 2012- standard established in its General Plan based on a ratio 123 N.C.S., August of open space acreage to population, including employees 27, 2012; Reso. of new commercial development, as new residents and 2008 -091 N.C.S., employees are added by new development, May 19, 2008 I 8 (A) 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. 9 (A) 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 (A) City Facilities Reso. 2014 -036 The City Facilities Development Impact Fee funds Development Impact N.C. S., March 3, design, engineering, right -of -way and reasonable costs of Fee 2014; Reso. 2012- outside consultant studies related thereto, reimburse the 121 N.C.S., August City for the Facilities constructed by the City with funds 27, 2012 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. 11 Storm Drainage Impact Ord, 1530 N.C.S., The Storm Drainage Impact Fee funds the construction of Fee eff. Sept. 20, 1982; storm drainage improvements needed to control increases Ord. 1653 N.C.S., in run -off created by new development projects. The eff. June 2, 1986 Storm Drainage Impact Fee was adopted and last updated (Petaluma Municipal before the enactment and effective date of AD 1600, but is Code Chapter 17.30); included in this report for informational purposes. Reso. 9751 N.C.S., June 2, 1986 12 Traffic Development Reso 2015 -191 The Traffic Development Impact Fee fiends construction Impact Fee N.C.S., Dec 7, 2015; and implementation of improvements to lwy elements of Reso 2014 -112 the citywide transportation system sufficient to N.C.S., July 7, 2014 accommodate future traffic demand generated by new Reso. 2014 -040 development, N.C.S., March 3, 2014; Reso, 2012- 125 N.C.S., August 27, 2012; Reso. 2008 -095 N.C.S., May 19, 2008 The City Facilities Impact Fee consolidated 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. Development Impact Fee Report Fiscal Year 2015 -16 Fund iFund Title /Project Title . 1 2110 t A) JAquaticCenterFacilities Impact Fees �City administrative costs 2120 ! (A) (Community Facilities Impact Fees l i . 2121 ;(A) (Community Center Facilities - 08 i (City administrative costs 2125 tA) (Fire Suppression Facilities Impact Fees Ic00300405- Expansion of Fire Station #2 _& #3 City administrative costs a - 2135 (A)1Librnry Facility Impact Fees 1_ ,C�tyadminisf ;atiyecosts 2140 'Parldand Aeq and Bev Impact Fees i 2141 i 1Pm4dand Acquisition Impact Fees -08 I City administrative costs 2142 jPark landDevelopmentImpactFees -08 ,14501604 E Washington ParkRestroorn ,14501403 E Washington Park Pathway _ - !City administrative costs 2143 j _ Open Space Acquisition Impact Fees -08 City administrative costs j i 2145 ( A) jLmV Enforcement Facilities Impact Fees City administrative costs i 2150 ,(A) !Public Facilities ImpactFees Ic00100104 Museum Roof !City administrative costs i 2151 ! ov jPublic Facilities Impact Fees -08 1Cityadministrative costs 2152 .CityF'acilities Development Impact Fees !City administrative costs 2155 Storm Drainage Impact Fees Ic16301413 Capri Creek �c00500208 River Plan-Denman Phase 3 j„ I c00500705 Lakeville Channel lmprov_ements 1,00500308 Stream and Precipitation Gauges jc16301307Riverflood Control, City administrative costs 2156 j IStornr Drainage Impact Fees -08 1 I (City administrative costs Exhibit B Fund Balance j Fee Interest Return Unused ;.Expenditures/ Est %funded EndingBalance'I 7/1/2015 j Revenue i Revenue !Funds Aoan repyml Transfers !, by Impact Fees 6/30/2016 76,839.92 i 491.00 ! 264.93 i 9.82 1 77,586.03 9.82 100.0% 1,083,490.12 ; I 5291.991 1,088,782.11 1 178,702.36 1 653,00 ! 1 614.73 1 13.06 i 179,957.03 13.06( 100.0 %i i 1 282,880.32 1,135.00 958,50 j 21,022.70 f 263,951.12 I j 1 i 21,000.00 1 100.0 %! i I 22.701 100.0 %j j 233 983.50 j 859.00 i 804.75 i 17.18 235,630.07 j 17.181 100.0 %!.. 0.00 ; j ! 0.00 L 796,667.84 125,785.49 1 i � 2,846,50 2,515.71 1 922,784.12 1_ . _ .... 2,5.15.71 100.0 %'. 1 594,864.91 ; 385,428.98 i 5,167,60 ! 400,000.00 ; 240,708.58 I 1,144,752.91 j i 133,000.00, 100.0 %j 100 000.00_ 24.2 /o I ° i i 7708.58 1 10070 %1 122038.62 i 36,283.79 1 479.32 725.68 i 158,076.05 I 725.68 100.00/0'1 I I 443,402.58 i 1,483.00 I 1,524.55 29.66 446,380.47 l I 29.66 j 100.0% i I 174,530.18 i, 543.00 1 600.08 10.86 i 175,662.40 1 100.0%1: jj i 10.86 .. I ° 100.0% 163,169.90 i 1,352.00 563.39 j 27.04 I ; 165,058.25 i 27.041._ .. 100.0 %1 . - 1,047,993.77 287,328.52 1 7,195.52 I 5,746.57 1,336,771.24 1 5 ,746.57 1 100.0 %1 3,410,504.27 4,178,43 1 14,898,311 (27,583.33)1 630,985.57 I 2,771,012.11 40,900 00 I 35.3 %' ... c I 81000 00 1 6.5% _ .I 9 000 00 1 3.1 %I 65.9 %1 i ( .490002.00 83,57 1I 210,145.17 I 37,548.77 1 784,54 750.98 247,727.50 750.98 _ 100.0 %i _ !i Exhibit B (A) The City Facilities Impact Fee consolidated 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. p Fund Balance Fee Interest Return Unused j Expenditures/ j Est % funded ? Ending Balance Fund- I jFund Title / Project Title 7/1/2015 j Revenue j_ _ _ _ -- -- _ Revenue 4Funds /loan repymf Transfers I by Impact Fees ; _ 6130/2016 j 2160 j !Traffic Impact Fees ! 3,015,846.97 I 17,561.46 I ( 1 i 3,033,408.43 I I j i - ' j i 2161 (Traffic Impact Fees -08 i I 11,655,982.90 2,290,105,37 76,188,87 1 I I 255,555.41 I 13,766,721.73 I Ic00501204 Raider Ave Cross town connector _ _ ._. j I _ 20,000.00 . 22.0 %1 _ _.. 1.65501503 Petaluma Transit vehicle Location ( 25,000.00 I 19.2 %! j �c16101201 Washington StBridgeRehabilitation ! ! ! j 9,000.00 3.5 %1 ! je16102015 Caulfield Lana Grade Crossing Improvements ! j j 155,753.30 1 100.0%; !City administrative costs 45,802.11 100.0 %1 (A) The City Facilities Impact Fee consolidated 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. p FY 15/16 Development Impact Fee Schedule FEE TYPE LAND USE TYPE FEE UNIT OF MEASUREMENT City Facilities Development Impact Fee )(A) Single Family Residential $5,680 Unit Multifamily Residential $3,824 Unit Accessory Dwelling $1,948 Unit Commercial $1,076 1,000 sq ft of building space Office $1,028 1,000 sq ft of buildings ace Industrial $655 1,000 sq ft of building space Commercial Development Housing Linkage Fee Open Space Acquisition Fee Park Land Acquisition Fee (Quimby and Non Quimby Act Projects) (B) Park Land Development Impact Fee Commercial $2.19 Square Foot Retail $3,78 Square Foot Industrial $2,26 Square Foot Single Family Residential 1 $398 Multifamily Residential $268 Accessory Dwelling $137 Commercial $76 Office $73 Industrial $46 Unit Unit Unit 1,000 sq ft of buildi 1,000 sq ft of buildi 1,000 so ft of buildi Single Family Residential 1 $1,700 ( Unit Multifamily Residential $1,150 Unit Accessory Dwelling $583 Unit Commercial $322 1,000 sq ft of Office $308 1,000 sq ft of Industrial $196 1,000 sq ft of Single Family Residential 1 $5,484 1 Unit Multifamily residential $3,693 Unit Accessory Dwelling $1,881 Unit Commercial .$1,039 1,000 sq ft of Office $994 1,000 sq ft of Industrial $632 1,000 Exhibit C I` FY 15/16 Development Impact Fee Schedule Exhibit C FEE TYPE LAND USE TYPE FEE UNIT OF ME ASUREMENT Traffic Development Impact Fee Single Family Residential $ 13,623 Unit Multifamily Residential $ 8,363 Unit Accessory Dwelling $ 3,777 Unit Senior Housing $ 3,642 Unit Office $ 17,995 1,000 sq ft of building space Hotel/Motel $ 5,367 Room Commercial /Shopping $ 26,326 1,000 sq ft of building space Industrial /Warehouse $ 10,656 1,000 sq ft of building space Education $ 1,341 Student Institution $ 5,521 1,000 sq ft of building space Gas /Service Station $ 44,070 Fuel Position Wastewater Capacity Fee (C) Single Family Residential $7,554.05 Unit Multifamily Residential $5,000.90 Unit Accessory Dwelling $2,778.75 Unit Non - Residential Customers $ 16.02 $3,638.05 $ 4,171.63 Per gallon daily flow Per daily pound of BOD Per daily pound of TSS Water Capacity Fee (per meter size) METER SIZE FEE 3/ $3,676.89 I" (residential) $3,676.89 1" (non - residential) $6,140.43 11/2 $12,243.98 2" $19,597.74 3" $36,768.82 4" $61,293.68 6" $121,337.13 >6 Case by Case basis (a) The City Facilities Impact Fee consolidated the following six previous development impact fees into a single fee: Aquatic Center Facilities Impact Fee, Community Center Facilities hmpact 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 unposed on certain subdivisions subject to the Subdivision Map Act to fiend land acquisition costs for park or recreational purposes. (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. Exhibit C gy 17 77► ■ I OVIVI '� 1' �r�ll l� DI Calculation of Fee Runoff computation: The increase in runoff created by a given project is calculated for a 100 -year storm, utilizing runoff coefficients based upon the portion of vegetated area to impervious surfaces, and expressed in acre -feet. Runoff coefficients are based upon the type of use, slope of the land, and percent of vegetation coverage. Commercial/Industrial: Projects pay a fee of $30,000 per acre foot of additional runoff. The amount of incremental runoff created is directly linked to the amount of landscaping provided. The maximum fee possible is $9,000 per acre of land. This would apply to a project with 20% or less landscaping. A project with 25% landscaping can expect a fee of $6,750 per acre, 30% would pay $6,300 per acre, and so on. Residential: Projects pay a fee of $15,000 per acre foot of additional runoff, Incremental runoff is dependent upon the density of a project and the amount of landscaping and open space provided. A high density project with 20% or less area in landscaping could expect to pay $4,500 per acre. A type detached single - family subdivision would pay approximately $1,500 per acre. 1 `3 Exhibit D Status of Interfund Loans, Transfers, Refunds or Reallocation of Funds Fiscal Year 2015 -16 Interfund Loans The Storm Drainage Impact Fee Rind loaned the Storm Water Utility Operations fund $690,230 to cover storm water maintenance costs from January 1, 2012 through June 30, 2013. Payment of principal and interest for FY 15 -16 was $48,473. The balance as of June 30, 2016 is $604,337. This loan is scheduled to be repaid by June 30, 2026. The Community Facilities Impact Fee fund loaned the Parks CIP fund $39,732 through June 30, 2016 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 I5 -16. M