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HomeMy WebLinkAbout15 - Development Impact FeesCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No._L5_ January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Erin Steffen, Planning Technician 949 - 644 -3342, esteffen (a)citv.newport- beach.ca.us Administrative Service Department Dan Matusiewicz, Finance Officer 949 - 644 -3126, dmatusiewicz(a)-city.newl)ort- beach.ca.us SUBJECT: Annual Status Report on Receipt and Use of Development Impact Fees ISSUE: Pursuant to the Mitigation Fee Act (Government Code Section 66000, et seq.), the City is required to report on the receipt and use of development impact fees. The City's only reportable development impact fee is the Fair Share Fee. RECOMMENDATION: Staff recommends that the City Council take the following actions: 1. Receive staff report, open public hearing, and receive public comments. 2. Motion, second, and vote to receive and file the Annual Report on Development Impact Fees for fiscal year 2007/2008. DISCUSSION: Backaround: The Mitigation Fee Act (hereafter "the Act") requires each local agency that imposes development impact fees to prepare an annual report providing specific information about the receipt and use of such fees. The fees must be placed in a separate account and not co- mingled with other sources of general revenues. Interest on each account must be credited to that account and used only for the purpose for which the fees were Development Impact Fee Annual Report January 27, 2009 Page 2 collected. The Act also requires that the City make periodic findings in regards to unexpended funds, whether committed or uncommitted, to determine if such fees are refundable. Section 66006 (b) of the Act indicate that within 180 days after the close of the fiscal year, the City must make available to the public the following information regarding each account: • Brief description of the type of fee in the account • Amount of the fee • Beginning and ending balance of the account for the fiscal year • Amount of the fees collected and the interest earned • Identification of each public improvement on 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 • 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 • Description of each interfund transfer or loan made from the account, including the public improvement on which the loaned funds 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 of fund will receive on the loan • Amount of any refunds made due to inability to expend impact fees once a determination is made that sufficient impact fees have been collected to finance a public improvement, and the improvement remains incomplete, and the City has not determined an approximate date by which construction will commence Section 66001(d) also provides that, for the fifth fiscal year following the first deposit into the account and every five years thereafter, the City shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. The finding must address each of the following: • Identify the purpose to which the fee is to be put • Demonstrate a reasonable relationship between the fee use and the purpose for which it is charged • All sources and amounts of funding anticipated to complete financing in incomplete improvements • Designate the approximate dates on which the anticipated funding is expected to be deposited into the account If the City has collected sufficient funds to complete financing on an incomplete improvement and does not identify an approximate construction date within 180 days of the determination that sufficient funds have been collected, or no longer needs the Development Impact Fee Annual Report January 27, 2009 Page 3 funds for the purpose collected, or fails to make the required findings prescribed by the Act, then the monies collected for that project and any interest earned on those funds may be required to be refunded on a prorated basis to owners of the properties upon which the fees for the improvement were imposed. The City's only reportable development impact fee pursuant to the Act is the Fair Share Traffic Contribution (hereafter "Fair Share Fee "). Fair Share Fee: The City's Fair Share Fee was originally adopted in 1984, updated in 1994, and adjusted periodically based upon the consumer price index. The purpose of the Fair Share Fee is to raise revenues sufficient to enable the City to construct circulation system improvements that increase roadway capacity within the City such that traffic generated by development and redevelopment of land within the City will not result in unacceptable levels of congestion of the circulation system. The Fair Share Fee is based upon the unfunded portion of the estimated construction cost of the total circulation system roadway improvements necessary to implement the master plan of streets and highways (net roadway costs), and the total number of vehicle trips anticipated as a result of trend growth. The Fair Share Fee for the FY2007 /2008 was $176.93 per trip. Financial Reporting & Accounting: The Act requires an annual review and accounting of applicable development impact fees as well as periodic findings concerning unexpended funds. Exhibit A illustrates the accounting of Fair Share Fee revenues, expenditures, transfers, and changes in the account balance for FY 2007/2008. The Fair Share Fees are retained in a separate account in the City's "Circulation & Transportation Fund" and are not commingled with other funding sources. A general accounting of this fund is provided in the City's Comprehensive Annual Financial Report (CAFR) and can be obtained at the following web address htti)://www.citv.newport- beach.ca.us /accounting /CAFR.asp (Page 154 in the 2007/08 CAFR). Exhibit B illustrates that the entire account balance of the Circulation & Transportation Fund as of FY 2002/2003 (including Fair Share Fees collected in FY 2002/2003) has been expended within five years of receipt. Therefore, Fair Share Fees are not subject to the reporting requirements of Section 66001(d) and no findings are required as to unexpendedfunds. Exhibit C provides project descriptions of each public improvement for which expenditures were referenced in Exhibit A. Development Impact Fee Annual Report January 27, 2009 Page 4 Environmental Review The proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378 of the CEQA Guidelines). Public Notice: Notice of this hearing was made by posting the Council Agenda on the City's official notice bulletin board and posting the agenda and report on the City's Website. Notice of the time and place of the hearing, including the address where the information could be reviewed, was also posted on the City's official notice bulletin board, and mailed to the Building Industry Association of Southern California, Orange County Chapter per their written request not less than 15 days prior to the hearing. Funding Availabilit Not applicable. Alternatives: City Council could direct staff to resubmit report with any changes deemed necessary. Prepared by: Erin Steffen VU an Matusiewicz Planning Technician Finance Officer Submitted by: Sharon Wood Assistant City Manager Development Impact Fee Annual Report January 27, 2009 Page 5 Attachments: Exhibit A Fair Share Fee Revenues, Expenditures & Changes in Account Balance Exhibit B Status of Fair Share Fees Revenues Collected Exhibit C Description of Projects Development Impact Fee Annual Report January 27, 2009 Page 6 EXHIBIT A Fair Share Fee Revenues, Expenditures & Changes in Account Balance FY 2007/2008 Note: (1) The City entered into a Circulation Improvement and Open Space Agreement (CIOSA) with a developer whereby the City received a loan of $14,395,572 to be used only for certain transportation and circulation improvements. The City agreed to match the contribution (without interest) by pledging 50% of future Fair Share Fees (developer impact fees) which are recorded in the Circulation and Transportation Special Revenue Fund. During the year ended June 30, 2008, the City received $704,578 of Fair Share Fees, and $352,289 was paid to the CIOSA Construction capital projects fund. Through June 30, 2008, $3,545,454 of Fair Share Fees have been paid. No additional liability has been recorded, because any future repayment is uncertain; any amounts not contributed by February 20, 2016, will be forgiven. Total Project Percent Costs Fair Share (Fiscal Yr Only) Funded Revenues: Fair Share Fees $ 704,578 Private Contributions 420,450 Interest Income 110,292 Total revenues 1,235,320 Expenditures: Capital Improvement Projects Wayfinding and Monument Signage (C2700813) 129,578 159,919 81.0% E Coast Hwy Widening (C5100650) 1,865 1,865 100.0% Dover Drive Sidewalk (C510854) 35,753 35,903 99.6% Traffic Signal lnstln /Upgrd(C5200068) 47,368 47,368 100.0°/0 Transportation Model Mnt (C5200143) 2,869 2,869 100.00/0 Traffic Signal Preemption Syst (C5200408) 11,865 11,665 100.0% Mesa Drive Widening (C5200665) 5,423 5,423 100.0% Traffic Signal Cocrd Impv (C5200699) 5,591 5,591 100.0% Newport Blvd Rt Turn Ln@ Hos (C5200737) 450,112 776,067 58.0% Signal System Improvement (C5200852) 216,050 224,232 96.4% 906,273 1,270,901 71.3% Transfers Out: Transfers Out - To CIOSA Fund (Pledged Fair Shair Fees) 352,289 (1) Transfers Out - To General Fund (Administrative Reimb) 80,000 Total expenditures 1,338,562 Net change in fund balance (103,242) Fund balance, beginning 2,253,199 Fund balance, ending $2,149,957 Note: (1) The City entered into a Circulation Improvement and Open Space Agreement (CIOSA) with a developer whereby the City received a loan of $14,395,572 to be used only for certain transportation and circulation improvements. The City agreed to match the contribution (without interest) by pledging 50% of future Fair Share Fees (developer impact fees) which are recorded in the Circulation and Transportation Special Revenue Fund. During the year ended June 30, 2008, the City received $704,578 of Fair Share Fees, and $352,289 was paid to the CIOSA Construction capital projects fund. Through June 30, 2008, $3,545,454 of Fair Share Fees have been paid. No additional liability has been recorded, because any future repayment is uncertain; any amounts not contributed by February 20, 2016, will be forgiven. Development Impact Fee Annual Report January 27, 2009 Page 7 EXHIBIT B Status of Fair Share Fee Revenues Collected (5 Year Test) FY 2007/2008 Fund Balance June 30, 2003 $5,064,098 (Cumulative revenues collected net of expenditures through FY 2002/2003) Project Expenditures & Transfers 2004 $1,462,425 2005 793,698 2006; 2,142,062 2007 1,158,396 2008 1,338,995 Total $ 6,895,576 Conclusion: All unexpended revenues as of 2003 have been spent withi n 5 Years. Development Impact Fee Annual Report January 27, 2009 Page 8 EXHIBIT C Description of Projects FY200712008 DIRECTIONAL, WAYFINDING AND MONUMENT SIGNAGE (C2700813) On June 12, 2007 the City Council authorized the award of the City Gateway Sign Project to Bravo Sign & Design. The initial contract provided for the installation of eight gateway signs featuring prominent City and district entry points. On the same night, Council approved a ninth monument sign to be located at East Coast Highway east of Cameo Highlands Drive delineating the easterly boundary of Corona del Mar district. On April 8, 2008 Council approved additional funds for a tenth sign at the northwest corner of Newport Coast Drive and San Joaquin Hills Road to identify the Newport Coast Community Center. The contract was substantially completed 7/17/08. EAST COAST HIGHWAY WIDENING BETWEEN MORNING CANYON AND CAMEO SHORES (C5100650) On November 22, 2005, the City Council authorized the award of the PCH Improvements from Morning Canyon to Cameo Shores contract to Elite Bobcat Service, Inc. The contract provided for the construction of curb and gutter, a two foot maximum high slough wall and a sidewalk on Pacific Coast Highway in Corona del Mar. This project has provided a safe pedestrian walkway adjacent to the highway and facilitates the Cameo Homeowners Association's efforts to beautify the area between Hampden Road and Pacific Coast Highway. The contract was substantially completed 3/15106. Remaining design fees were paid in FY 2007 -08. JAMBOREE ROAD BRIDGE WIDENING (C5100784) This portion of the project will provide funding to obtain the right -of -way for the improvements to widen the roadway on Jamboree Road over State Route 73. This estimated $6 million construction project is proposed to be funded with Measure M and State dollars in subsequent fiscal years. Design and permitting are underway. Estimated completion date is unknown and is dependent on securing funding for the construction of this project. DOVER DRIVE SIDEWALK (C5100854) This project will construct a sidewalk, retaining wall, and environmental mitigations along Dover Drive adjacent to Castaways Park. Construction is underway and is expected to be completed in early 2009. TRAFFIC SIGNAL REPLACEMENT PROGRAM (C5200068) This project provides for the annual replacement and maintenance of existing controllers, poles, and related signal equipment. Construction is underway and is expected to be completed in early 2009. TRANSPORTATION MODEL MAINTENANCE (C5200143) This project provides for the annual updating of the transportation model required by changes in land use and circulation within the City and surrounding portions of Orange County. Modeling is performed by a consultant with input from Transportation and Development Services staff in cooperation with the Planning Division. TRAFFIC SIGNAL PREEMPTION SYSTEM (C5200408) This project provides for the installation of traffic signal preemption (Opticom) systems for Fire Department vehicles at various locations. This project allows for four signals to be retrofitted each year in concert with the annual traffic signal maintenance and replacement project. Construction is underway and is expected to be completed in early 2009. Development Impact Fee Annual Report January 27, 2009 Page 9 MESA DRIVE WIDENING (C5200665) The City worked cooperatively with the County of Orange on a project to widen Mesa Drive westerly of Irvine Avenue, as part of the larger County project to widen Irvine Avenue between University Drive and Bristol Street. The goal of the Mesa Drive widening project is to allow the east approach on Mesa Drive to be re- striped to provide a dual left -turn lane for traffic turning on to southbound Irvine Avenue and the current right -turn lane to become a through and right -turn lane. The west approach of Mesa Drive needed to be physically widened to create an appropriate alignment with the east approach. The Irvine Avenue widening project is underway by the County of Orange. Construction is expected to be completed in Summer 2009. TRAFFIC SIGNAL COORDINATION AND IMPROVEMENTS (C5200699) The Traffic Signal Modernization Project is a multi -year project to install new and upgraded City -wide traffic signal management systems that utilizes current and future technology improvements. Phase 1 of the project is currently under construction and includes the installation of fiber -optic communications, CCTV cameras, and new traffic signal controller equipment. The contractor will install communication connections with the Central Library in advance of the installation of the new traffic signal field equipment and the new Traffic Management Center at the future City Hall facility. Phase 1 improvements are expected to be completed in early 2009. NEWPORT BOULEVARD RIGHT TURN LANE @ HOSPITAL ROAD (C5200737) On March 27, 2007, the City Council awarded the Newport Boulevard Right Turn Lane at Hospital Road, Contract No. 3655, to Hillcrest Contracting for the total contract bid price of $788,889. This project consisted of the removal of asphalt concrete pavement, base rock, curb, gutter, sidewalk, catch basin, storm drain, manholes, soil, landscaping, irrigation, traffic signals, signing, and striping while protecting existing fencing, monitoring wells, landscaping, irrigation lines, a water line, and other utilities. The contractor excavated and graded the roadway and slope, installed the shotcrete drainage ditch, curbs, gutters, sidewalk, catch basins, storm drains and storm drain manholes. Also included in the scope of work was the preparation of subgrade, placement of base rock, asphalt paving, setting utility covers to grade, installation of landscaping, irrigation, traffic signals, traffic signal loop detectors, traffic signing, striping and markings, and other appurtenant and incidental items of work as required to complete the project. The contract was substantially completed prior to 1/22/08. SIGNAL SYSTEM IMPROVEMENTS - CITYWIDE (C5200852) The Traffic Signal Modernization Project is a multi -year project to install new and upgraded City -wide traffic signal management systems that utilizes current and future technology improvements. Phase 1 of the project is currently under construction and includes the installation of fiber -optic communications, CCTV cameras, and new traffic signal controller equipment. The contractor will install communication connections with the Central Library in advance of the installation of the new traffic signal field equipment and the new Traffic Management Center at the future City Hall facility. Phase 1 improvements are expected to be completed in early 2009. NOTICE OF PUBLIC HEARING Annual Status Report on Receipt and Use of Development Impact Fees (PA2008 -079) NOTICE IS HERBY GIVEN that on January 27, 2009, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, California. The City Council of the City of Newport Beach will consider the following: The Annual Status Report on Receipt and Use of Development Impact Fees, which is required pursuant to the Mitigation Fee Act (Government Code Section 66000, et seq.). Consideration of the report is exempt from environmental review under Section 15379 of the California Environmental Quality Act (CEQA) because it is not defined as a project as it involves government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant impact on the environment. Copies of the Development Impact Fee Report are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California and on the Planning Department's website at www.city.newport-beach.ca.us/PLN/Planning.htmi. All interested parties may appear and present testimony in regard to this review. If you challenge this review in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda and staff report may be reviewed at the City Clerk's Office, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.citv.newport- beach.ca.us on the Wednesday prior to the hearing. For more information, call (949) 644 -3200. OOZ X- Leilani I. Brown, MMd City Clerk Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 1], 1963. RECEIVED PROOF OF PUBLICATION X-9 JAN 23 AM 4, 15 STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH - COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 17, 2009 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 20, 2009 at Costa Mesa, California. Signatur Obi IGll OF 7Y CLERK "P"17 BE0 NOTICE Of PUBLIC HEARING An fol SJ I o Repel on Reteipf wd the of Dewkp od bWd I$$$ TAP00"191 NOTICE IS HEREBY GIV- EN that on January 27, 2009, at 7:00 p.m., a public bearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach, Cali- fornia. The City Council of the City of Newport Beach will consider the following: The Annual Status Re- port on Receipt and Use of Development Impact Fees. which is required pursuant to the Mitigation Fee Act (Government Code Section 66000, at seq.). Consideration of the report is exempt from environmental review under Section 15379 of the'Califismia Environ- mental Quality Act (CEQA) because R is not defined as a project as it involves government fiscal ac tivities which do not involve any commit- ment to any specific project which may re- sult in a potentially significant impact on the environment. Copies of the Develop- ment Impact Fee Re- port are available for public review and in- spection at the Plan- ning Department, City of Newport Beach, 33DO Newport Boule- vard, Newport Beach, California and on the Planning Department's website at vrww.city. •ewport- beach.ca. es /PLN /Planning. bfml. All interested parties may appear and pres- ent testimony in regard to this review. If you challenge this review in court, you may be r�t limited to raising only those issues you or someone else raised at the public hearing (de- scribed in this notice) or in written corre spondence delivered to the City. at, or prior to, the public hearing. The agenda and staff report may be re- viewed at the City Clerk's Office, City of Newport Beach. 3300 Newport Boule- vard, Newport Beach, California, 92663 or at the City of Newport Beach website at www. city. new port - beach. ca. us on the Wednesday prior to the hearing. For more information, call (949) 644.3200. Lellani L Brown. MMC City Clerk Published Newport Beach/Costa Mesa Dai- ly Pilot January 17, 2009 Sa720