HomeMy WebLinkAbout2012/12/11 Item 19CITY COUNCIL
AGENDA STATEMENT
~`~~ CITY OF
CHULA VISTA
DECEMBER 11, 2012, Item ~q
ITEM TITLE: REPORT REGARDING THE DEVELOPMENT IMPACT FEE,
PARK ACQUISITION AND DEVELOPMENT FEE, AND
TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE
FISCAL YEAR ENDED JUNE 30, 2012
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS
PURSUANT TO GOVERNMENT CODE SECTION 66001(D)
FOR DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(POGGI CANYON SEWER DEVELOPMENT IMPACT FEE
AND OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS
PURSUANT TO GOVERNMENT CODE SECTION 66001(D)
FOR DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(TRANSPORTATION DEVELOPMENT IMPACT FEE)
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS
PURSUANT TO GOVERNMENT CODE SECTION 66001(D)
FOR DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(TELEGRAPH CANYON GRAVITY SEWER
DEVELOPMENT IMPACT FEE)
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS
PURSUANT TO GOVERNMENT CODE SECTION 66001(D)
FOR DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(TELEGRAPH CANYON DRAINAGE DEVELOPMENT
IMPACT FEE)
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DECEMBER 11, 2012, Item
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SUBMITTED BY: ASSISTANT CITY MANAGER/DEVELOPMENT SERVICES
DIRECTOR
DIRECTOR OF FINANCE/TREASURE 1" 1~
DIRECTOR OF PUBLIC WORKS ~WW~IQQ,,~~((~~~r~~ R}~~"
REVIEWED BY: CITY MANAG
ASSISTANT CITY ANAGER
4/STHS VOTE: YES ~ NO
SUMMARY
State Government Code Section 66000, et seq., requires local agencies assessing Development
Impact Fees (DIF) and sewer capacity charges to make available speci-fled financial data to the
public each fiscal year. These reports satisfy that requirement and have been available in the
City Clerk's office for public review since November 26, 2012. Also included is the report on
Parkland Acquisition and Development (PAD) fees in the same report for ease of reference and
convenience to the public.
Local agencies are also required to make fmdings every five years for any DIF funds remaining
unexpended that identify the purpose of the fee and demonstrate a reasonable relationship
between the fee and the purpose for which it was charged. This year, the City has identified
unexpended fees that were on deposit for five or more years and has elected to make the required
findings.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity, .filing of an annual
report regarding the Development Impact Fee, Pazk Acquisition and Development Fee, and
Trunk Sewer Capital Reserve funds for the fiscal year ended June 30, 2012 and adoption of
resolutions making findings pursuant to Government Code Section 66001(d), for compliance
with the California Environmental Quality Act (CEQA) and has determined that the activity is
not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not
result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines the actions proposed are not subject to CEQA.
RECOMMENDATION
Council accept the report and approve the Resolutions.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
DISCUSSION
The City of Chula Vista collects several types of Development Impact Fees (DIF), Parkland
Acquisition and Development fee, and Trunk Sewer Capital Reserve fee, which were assessed
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DECEMBER 11, 2012, Item ~
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during the fiscal year ending June 30, 2012. The major categories of facilities financed via DIF
include transportation, traffic signals, pedestrian bridges, drainage, sewer, and public facilities.
Development Impact Fees are updated in two manners, either via a comprehensive DIF program
review, or via aCouncil-enacted automatic annual adjustment, based upon an appropriate index.
In October of 2011, the following automatic index-based annual adjustments went into effect:
• The Transportation Development Impact Fee (TDIF) increased from $11,317 to $12,198
per equivalent dwelling unit.
• The Western Transportation Development Impact Fee (WTDIF) increased from $3,211 to
$3,408 per equivalent dwelling unit.
• The Public Facilities Development Impact Fee (PFDIF) was increased from $8,735 to
$9,370 per single-family dwelling unit
• Traffic Signal fee was increased from $31.80 to $32.57 per average daily vehicle trip.
• Otay Ranch Village 11 Pedestrian Bridge DIF was increased from $2,170 to $2,190 per
single-family dwelling unit.
• Parkland Acquisition and Development fee was increased from $9,733 to $9,848 for
Areas West of I-805 and $17,415 to $17,530 for Areas East of I-805
The Poggi Canyon Sewer DIF was comprehensively reviewed and updated in June 2009. The
fee was reduced to $265 per EDU and took effect in FY10.
Other fees addressed in this report remain at the same rate as the previous fiscal year.
DEVELOPMENT IMPACT FEES
Transportation Development Impact Fee (TDIF)
This fee was adopted on January 12, 1988 by Ordinance 2251 to finance and coordinate the
construction of new transportation facilities so that streets are built when needed. This fee is
applicable to all new development east of Interstate 805. Prior to the program, streets were built
by developers in a fragmented fashion with 6-lane facilities, necking down to 2-lanes .and
expanding back to 6 lanes again. In addition, there was a fairness issue since some developers
fronted on large streets and others did not. Now all developers in the Eastern portion of Chula
Vista pay the same fee per dwelling unit and either the City constructs the street or a developer
does. If the developer constructs the street they will receive a TDIF fee credit when they apply
for a building permit.
The TDIF program was last comprehensively updated in 2005, increasing the fee per EDU to
$10,050, This fee is subject to an annual index-based adjustment. The October 2009 automatic,
index-based annual adjustment increased the TDIF from $11,317 to $11,836 per EDU. In
January of 2010 the City Council approved Resolution 2010-017 rolling back this increase,
returning the fee to its previous level of $11,317 per EDU. This action was recommended in
consideration of the depressed development mazket and downward trends in construction costs.
The resolution adopted by the City Council included a provision to hold the TDIF fee at 2009
levels through October 1, 2011. Consistent with this resolution, on October 19, 2011 the TDIF
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DECEMBER 11, 2012, ltern f~
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was increased to $12,198. The fees for other land use types, as well as detailed FY 2011/12
financial information, are presented in Attaclunent A, Schedule 1.
Western Transportation Development Impact Fee (WTDIF)
This fee was adopted on March 18, 2008 by Ordinances 3106 to 3110 to finance and coordinate
the construction of new transportation facilities on the west side of the City as well as spread the
costs associated with the construction of the facilities equitably among the developing properties
within the benefit azea. This fee is applicable to all new development west of Interstate 805.
This fee is subject to an annual index-based adjustment on July 1 of each year beginning in 2009.
The first such increase went into effect in July 2009, increasing the fee from $3,243 to $3,308
per EDU. In January of 2010 the City Council approved Resolution 2010-017 rolling back this
increase, returning the fee to its previous level of $3,243 per EDU. This action was
recommended in consideration of the depressed development market and downward trends in
construction costs. The resolution adopted by the City Council included a provision to hold the
WTDIF fee at 2009 levels through October 1, 2011. Consistent with this resolution, on October
19, 2011 the WTDIF was increased to $3,408. The fees for other land use types, as well as
detailed FY 2011/12 financial information, are presented in Attachment A, Schedule 2.
Traffic Signal Fee
This fee was adopted to provide for the projected traffic signal needs of the City that result from
increases in traffic volume caused by development. As funds are accumulated they are expended
on traffic signal projects. This citywide fee is assessed per trip generated, and was increased
from $31.80 to $32.57 per trip in October 2011. Detailed FY 2011/12 financial information is
presented in Attachment A, Schedule 3.
Telegraph Canyon Drainage Development Impact Fee
This fee is applicable to all new development within the Telegraph Canyon Drainage Basin and
has remained unchanged since being set at $4,579 in 1998. Detailed FY 2011/11 financial
information is presented in Attachment A, Schedule 4.
Telegraph Canyon Gravity Sewer Development Impact Fee
This fee is for the expansion of the trunk sewer within the basin for tributary properties. The fee
has remained unchanged at $216.50 per EDU since 1998. Detailed FY 2011/12 financial
information is presented in Attachment A, Schedule 5.
Poggi Canyon Sewer Basin Development Impact Fee
This fee was adopted to provide the necessary financing to construct a trunk sewer in the Poggi
Canyon Sewer Basin from a proposed regional trunk sewer west of Interstate 805 along Olympic
Parkway to the boundary of Eastlake. The fee was established at $400 per equivalent dwelling
unit in 1997. In June of 2009, the Poggi Canyon was updated and the fee was reduced from
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DECEMBER 11, 2012, Item ~~}
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$400 to $265 per EDU. This change went into effect in FY10. Detailed FY 2011/12 financial
information is presented in Attachment A, Schedule 5.
Salt Creek Sewer Basin Development Impact Fee
This fee was adopted to provide the necessary financing to construct the Salt Creek Interceptor.
This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin
north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake
Basin east of the Salt Creek Sewer Basin. The fee for FY 2010/11 was $1,330 per EDU under
Ordinance 2974-A dated August 17, 2004. Detailed FY 2011/12 financial information is
presented in Attachment A, Schedule 5.
Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee
This fee was adopted to provide the necessary financing to construct the facilities. The fee
program was amended in February 2007 to include Otay Ranch Village 2. This action amended
both the program's area of benefit and facility list. Construction costs were also revised and a
new fee of $1,114 per EDU was established and has remained unchanged. Detailed FY 2010/11
financial information is presented in Attachment A, Schedule 6.
Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee
This fee was adopted to provide the necessary financing to construct four pedestrian bridges in
Otay Ranch Village 11. This fee was increased from $2,170 to $2,190 per EDU in October of
2011. Detailed FY 2011/12 financial information is presented in Attachment A, Schedule 6.
Public Facilities Development Impact Fee
The Public Facilities DIF is a citywide fee with several components levied to fund that portion of
public facilities projects attributable to new development. The total fee for all components was
increased in October 2011 from $8,735 to $9,370 per single-family EDU. Detailed FY 2011/12
financial information is presented in Attachment A, Schedule 7. The active components of the
Public Facilities DIF with the current fees are as follows:
Administration ($586) -Administration of the Public Facilities DIF program, overseeing
of expenditures and revenues collected, preparation of updates, calculation of costs, etc.
Civic Center Expansion ($2,670) -Expansion of the Civic Center per the 1989 Civic
Center Master Plan to provide sufficient building space and parking due to growth and
development. The Civic Center Master Plan was updated in July 2001 to include the
Otay Ranch impacts.
Police Facility ($1,629) -Accommodation of the building space needs per the Civic
Center Master Plau, which included the newly constructed police facility, upgrading of
the communications center and installation of new communication consoles. Also
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DECEMBER 11, 2012, Item P~
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included is the purchase and installation of a computer-aided dispatch system (CAD),
Police Records Management System, and Mobile Data Terminals.
Corporation Yard Relocation ($438) -Relocation of the City's Public Works Center
from the bay front area to the more centrally located site on Maxwell Road.
Libraries ($1,533) -Improvements include construction of the South Chula Vista library
and Eastern Territories libraries, and installation of a new automated librazy system. This
component is based on the updated Library Master Plan.
Fire Suppression System ($1,350) -Projects include the relocation of Fire Stations 3
and 4, construction of a fire training tower and classroom, purchase of a brush rig,
installation of a radio communications tower and construction of various fire stations in
the Eastern section of the City. This fee reflects the nine station network called for in the
1999 Fire Station Master Plan (current Master Plan).
Major Recreation Facilities ($1,164) -New component adopted in November 2002 to
build major recreation facilities created by new development such as community centers,
gymnasiums, swimming pools, and senior/teen centers.
Although the majority of project costs are to be borne by new development, it is importaut to
note that various components or specific projects within a component contain both a City and
new development cost share. The City share often reflects `joint impetus" projects, which are
necessitated by growth and non-growth factors and/or the City's obligation to correct pre-
existing space/equipment deficiencies. The PFDIF fees only relate to new development's cost
share for each component.
Parkland Acquisition and Development (PAD) Fees
This in-lieu fee was adopted by the City to acquire neighborhood and community parkland and
to construct parks and recreational facilities. The Parkland Acquisition and Development fee
was increased in October 2011 from $9,733 to $9,848 for Areas West of I-805 and $17,415 to
$17,530 for Areas East of I-805: Detailed FY 2011/12 financial information is presented on
Attaclunent B.
TRUNK SEWER CAPITAL RESERVE FEES
This fee was established to pay all or part of the cost and expense to enlarge sewer facilities of
the City so as to enhance efficiency of utilization and/or adequacy of sewer capacity. Detailed
FY 2011/12 financial information is presented on Attachment C.
FY 2011-12 FINANCIAL INFORMATION
Attachment A, Schedules 1 through 6 reports the required financial information for all DIF, other
than the Public Facilities DIF. Attachment A, Schedule 7 reports the required financial
information for the Public Facilities DIF and its components. Attachment B reports the required
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DECEMBER 11, 2012, Item
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financial information for the PAD fees. Attachment C reports the required information for the
Trunk Sewer Capital Reserve fees. The schedules contain the following items:
• The beginning balances as of July 1, 2011.
• The fees received during the fiscal year ended June 30, 2012.
• Other miscellaneous revenues received during the fiscal year ended June 30, 2012.
• The interest earned from investing the cash balances available in each fund during the
fiscal year ended June 30, 2012.
• The expenditures from each of the funds during the fiscal year ended June 30, 2012.
• A description of each capital project with expenditures funded entirely or in part by
DIF/PAD/Trunk Sewer in FY 2011/12 and the percentage of the project funded by this fee
through FY 2011/12. More detailed information on any project is available in the annual
Capital Improvement Project (CIP) Budget.
• Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during FY
2011/12.
• The ending balances as of June 30, 2012 for each of the DIF/PAD/Trunk Sewer Capital
Reserve Funds.
• The amount, description and purpose of the fee.
• An identification of an approximate date by which the construction of the public
improvement will commence.
The ending balances as of June 30, 2012 are in the process of being audited as part of the audit of
citywide financial statements, and are therefore subject to adjustment.
FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS
Government Code Section 66001(d) requires the local agency to make findings with respect to
any portion of development impact fees remaining unexpended five or more years after deposit
of the fee. Section 66001(d) of the Government Code states:
(d)(1) For the fifth fiscal year following the first deposit into the account or fund, and
every five years thereafter, the local agency shall make all of the following
findings with respect to that portion of the account or fund remaining
unexpended, whether committed or uncommitted:
(A) Identify the purpose to which the fee is to be put.
(B) Demonstrate a reasonable relationship between the fee and the purpose for
which it is charged.
(C) Identify all sources and amounts of funding anticipated to complete
financing in incomplete improvements identified in paragraph (2) of
subdivision (a).
(D) Designate the approximate dates on which the funding referred to in
subparagraph (C) is expected to be deposited into the appropriate account or
fund.
The City last made these findings in 2007. This year the City has identified development impact
fee funds remaining unexpended for five or more years for the following DIF programs:
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DECEMBER 11, 2012, Item ~~"
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1. Transportation Development Impact Fee (TDIF),
2. Telegraph Canyon Gravity Sewer Development Impact Fee,
3. Telegraph Canyon Drainage Development Impact Fee,
4. Poggi Canyon Sewer Development Impact Fee, and
5. Otay Ranch Village I 1 Pedestrian Bridge Development Impact Fee.
The following information is provided to satisfy section 66001(d) of the Govermnent Code.
Transportation Development Impact Fee (TDIF)
The Transportation Development Impact Fee (TDIF) program was created via Ordinance 2251 in
1988 to finance and coordinate the construction of new transportation facilities required to
mitigate the impacts of new development in the City's eastern territories (east of I-805).
The basis for the TDIF fee is the "Eastern Area Transportation Development Impact Fee" report
("TDIF Report"), dated March 2005, adopted via City Council Resolution No. 2005-154 on May
10, 2005. The reasonable relationship between the fees collected and the purpose for which they
are charged is demonstrated in the TDIF Report.
Of the unaudited June 30, 2012 fund balance of $24,837,924, $14,028,450 has been held by the
City for five or more years. These funds will be used to conshuct facilities identified in the
TDIF Report. A limited number of TDIF projects required additional non-TDIF funding in order
to move forward to construction. One example is the Willow Street Bridge project, which may
be partially funded with state and federal grant funds. As these funds become available, they
will be appropriated to these projects through the City's budget, as adopted and amended from
time to time.
Telegraph Canyon Gravity Sewer Development Impact Fee
The Telegraph Canyon Sewer Development Impact Fee was created via Ordinance 2533 in 1992
to provide sewer improvements within the Telegraph Canyon Sewer Basin required to convey
incremental increases in sewage flow anticipated within the basin as a result of new
development. The basis for the Telegraph Canyon Sewer DIF fee is the "Telegraph Canyon
Sewer Basin Improvement and Financing. Plan" report, dated July 1992 as modified by the
addendum entitled "Addendum to Telegraph Canyon Sewer Basin Plan" ("Basin Plan"), and
dated September 1992. The reasonable relationship between the fees collected and the purpose
for which they are charged is demonstrated in the Basin Plan.
Of the unaudited June 30, 2012 fund balance of $3,149,199, $888,183 has been held by the City
for five or more years. These funds will be used to construct facilities identified in the Basin
Plan. No non-DIF funding is anticipated to be applied to these projects.
Telegraph Canyon Drainage Development Impact Fee
The Telegraph Canyon Drainage Development Impact Fee was created via Ordinance 2384 in
1990 to provide drainage facilities in the Telegraph Canyon Drainage Basin required to serve
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DECEMBER 11, 2012, Item ~?
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new development generating drainage flows within the basin. The basis For the Telegraph
Canyon Drainage DIF is the "City of Chula Vista, California, Telegraph Canyon Drainage Plan"
report ("Drainage DIF Report"), dated June 1990. The reasonable relationship between the fees
collected and the purpose for which they are charged is demonstrated in the Drainage DIF
Report.
Of the unaudited June 30, 2012 fund balance of $6,114,387, $5,138,539 has been held by the
City for five or more years. These funds will be used to construct facilities identified in the
Drainage DIF Report. No non-DIF funding is anticipated to be applied to these projects.
Poggi Canyon Sewer Development Impact Fee
The Poggi Canyon Sewer Development Impact was created via Ordinance 2716 in 1997 to
provide sewer improvements within the Poggi Canyon Sewer Basin required to convey sewage
flow anticipated within the basin as a result of new development. -The basis for the Poggi
Canyon Sewer DIF is the "Poggi Canyon Sewer Basin Plan" ("Poggi Report"), dated April 2009.
The reasonable relationship between the fees collected and the purpose for which they are
charged is demonstrated in the Poggi Report.
Of the unaudited June 30, 2012 fund balance of $2,184,383, $1,360,879 has been held by the
City for five or more years. These funds will be used to construct facilities identified in the
Poggi Report. No non-DIF funding is anticipated to be applied to these projects.
Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee
The Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee was created via
Ordinance 2898 in 2003 to provide pedestrian over-crossing facilities needed for pedestrian
access. These pedestrian facilities benefit developments within Otay Ranch Village 11 subject to
the fee program. The basis for the Otay Ranch Village 11 Pedestrian Bridge DIF is the "City of
Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village 11"
(Village 11 Pedestrian Bridge Report"), dated February 2003. The reasonable relationship
between the fees collected and the purpose for which they are charged is demonstrated in the
Village 11 Pedestrian Bridge Report.
Of the unaudited June 30, 2012 fund balance of $2,954,658, $1,403,692 has been held by the
City for five or more years. These funds will be used to construct facilities identified in the
Village 11 Pedestrian Bridge Report. No non-DIF funding is anticipated to be applied to these
projects.
Copies of this report were sent to the Building Industry Association of San Diego, the Eastlake
Development Company, the McMillin Companies, the Otay Ranch Company, the Otay Land
Company, Trimark Pacific Homes and Brookfield Homes.
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DECEMBER 11, 2012, Item ~ ~/
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DECISION MAKER CONFLICT
Resolution A -Poggi Canyon Sewer Development Impact Fee and Otay Ranch Village 11
Pedestrian Bridge Development Impact Fee
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. Staff is not
independently aware, nor has staff been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
Resolution B -Transportation Development Impact Fee (TDIF)
Staff has reviewed the property holdings of the City Comlcil and has found that Councilmembers
Aguilar and Salas have property holdings within 500 feet of the boundazies of the property which
is the subject of this action. Staff is not independently aware, nor has staff been informed by any
City Council member, of any other fact that may constitute a basis for a decision maker conflict
of interest in this matter.
Resolution C -Telegraph Canyon Gravity Sewer Development Impact Fee
Staff has reviewed the property holdings of the City Council and has found that Councilmembers
Bensoussan and Salas and Mayor Cox have property holdings within 500 feet of the boundaries
of the property which is the subject of this action. Staff is not independently aware, nor has staff
been informed by any City Council member, of any other fact that may constitute a basis for a
decision maker conflict of interest in this matter.
Resolution D -Telegraph Canyon Drainage Development Impact Fee
Staff has reviewed the property holdings of the City Council and has found that Councilmember
Salas has property holdings within 500 feet of the boundaries of the property which is the subject
of this action. Staff is not independently awaze, nor has staff been informed by any City Council
member, of any other fact that may constitute a basis for a decision maker conflict of interest in
this matter.
CURRENT YEAR FISCAL IMPACT
With findings that identify the continued need for the unexpended and/or uncommitted fees, the
City retains the fees for future projects. Without findings that the unexpended funds are still
needed for the projects, the City would be obligated to refund $22.8 million in DIF funds that
have been held for five or more years as surmnarized in the table below, plus interest accrued,
pursuant to State Govermnent Code Section 66001. The loss of the funds would jeopardize
development in the City.
Unexpended
Fee Pro ram Funds
Transportation Development Impact Fee (TDIF) $ 14,028,450
Telegraph Canyon Gravity Sewer Development Impact Fee $ 888,183
Telegraph Canyon Drainage Development Impact Fee $ 5,138,539
Poggi Canyon Sewer Development Impact Fee $ 1,360,879
Otay Ranch Village I 1 Pedestrian Bridge Development Im act Fee $ 1,403,692
Total $ 22,819,743
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DECEMBER 11, 2012, Item f~
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ONGOING FISCAL IMPACT
With findings that identify the continued need for the unexpended and/or uncommitted fees, the
City retains the fees for future projects. Without findings that the unexpended funds are still
needed for the projects, the City would be obligated to refund $22.8 million in DIF fixnds that
have been held for five or more years, plus interest accrued, pursuant to State Government Code
Section 66001. The loss of the funds would jeopardize development in the City.
ATTACHMENTS
A. Schedules 1 through 7: FY 2011-12 Financial Information for all DIFs including
Public Facilities DIF
B. FY 2011-12 Financial Information for PAD fees
C. FY 2011-12 Financial Information for Trunk Sewer Capital Reserve fees
Prepared by: Karine Galeana, Senior Accountant, Finance Department
19-~~
SCHEDULE1
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 11/12 REVENUES AND EXPENDITURES
ATTACHMENT A
Description of Fee: To finance the construction of traffic and transportation improvements in support of future development.
J
co
N
Amounl of the Fee: $ 12,196 per single family equivalent dwelling unit detached
9,758 per single family equivalent dwelling unit attached (med density)
7,319 per multi-family equivalent dwelling unit
195,163 per general commercial gross acre
97,594 per industrial gross acre
FY 11/12 FUND BALANCE INFORMATION
FUND 591
TRANSPORTATION DIF
Beginning Balance, 07/01/11 $ 25,704,466
TDIF Fees Collected 1,308,775
Transportation State Share -
Interest Earned 141,490
Miscellaneous Revenues 3,286
Forgiveness of debt - -
Transfer-In 241,006
Expenditures:
Supplies & Services (11,468)
City Staff Services (152,984)
SR-125 DIF Refunds (2007-162) -
Debt Payment - Calease Fiscal Sys -
Transfer-Out - 20D3 Refunding COP -
CIPProject Expenditures (2,396,649)
Unaudited Ending Balance, 06/30/12 $ 24,837,924
ATTACHMENT A
SCHEDULE 1.1
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 11112 REV ENUES AND EXPENDITURES
FY 11112 CIP EXPENDITURES:
PROJECT Total Appropriation % Of Project Future Initially
PROJECT DESCRIPTION EXPENDITURES as of 6/30/12 Funded by TDIF Appropriations Scheduled
OP206 Automation - AutoCAD Upgrade $ 15,879 45,000 29.00% 15,000 2010
OP208 CIP Mngmnt & Equipment Purchase 3,267 75,000 39.50% - 2009
OP220 Global Positioning Virtual Refrn Station - 17,500 70.00% - 2011
STL261 Willow St Bridge Widening 370,953 1,437,740 40.80% 929,015 1999
STL384 Willow Street Bridge Utility Relocation 41,988 50,000 100.00% 104,937 2012
STM331 98 E. Orange Extension 3,155 3,959,904 100.00% - 1999
~ STM355 Otay Lakes Road Widening, East H to Canyon 1,400,559 6,900,000 100.00% 610,000 2003
STM357 Rock Mtn Rd -Heritage to La Media - 232,000 100.00% - 2004
W STM359 Rock Mtn Rd - SR125 Overpass 13,139 300,000 100.00% - 2010
STM364 Heritage Road Bridge Reconstrc 124,272 3,940,000 66.40% - 2007
STM374 Heritage Road - Olympic to Main 188 150,000 100.00% - 2012
STM375 SR125 at San Miguel Ranch - 1/2 Interchange 173 172,869 100.00% ~ - 2012
TF274 Traffic Count Stations - 420,000 87.50% - 2002
TF325 Transportation Planning Program ~ 24,610 320,000 66.70% 500,000 2007
TF355 1805 Corridor Imprv. Arterial Ops 5,799 50,D00 66.70% - 2010
TF364 TDIF (Trans Dev Impact Fund) Update 794 255,000 100.00% - 2007
TF379 Traffic Mgmt Center- Traffic Monitoring System 391,673 450,000 100.00% - 2012
TOTAL CIP EXPENDITURES $ 2,396,649
J
SCHEDULE I.2
TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 11/12 REVENUES AND EXPENDITURES
Description of Loan Outstanding
Loan Amount
Advance to Western Transportation DIF
approved via Council approved FY09 budget 36,094
Advance to PFDIF (General Administration)
approved by Council Resolution #2008-300
on December 16, 2008 5,994,560
Advance to PFDIF (General Administration)
approved by Council Resolution #2009-137
on June 9, 2009 5,373,785
ATTACHMENT A
Interest Rate
2.140%
3.80%
0.56%
SCHEDULE2
WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF)
FY 11/12 REVENUES AND EXPENDITURES
ATTACHMENT A
Description of Fee: To finance the construction of traffic and transportation improvements in support of future development.
Amount of the Fee: $ 3,408 per single family equivalent dwelling unit detached
2,726 per single family equivalent dwelling unit attached (med density)
2,045 per multi-family equivalent dwelling unit
68,156 per regional commercial gross acre
204,459 per high rise office gross acre
J
FY 11/12 FUND BALANCE INFORMATION:
Beginning Balance, 07/01/11
WTDIF Fees Collected
Interest Earned
Transfer-In
Expenditures:
Supplies & Services
City Staff Services
Transfer-Out -TDIF
CIP Project Expenditures
Unaudited Ending Balance, 06/30/12
FY 11/12 CIP EXPENDITURES:
PROJECT DESCRIPTION
STL349 UC Bike Path/Ped Accss Std 3rd
TF363 Western TDIF Bayfront Update
TOTAL CIP EXPENDITURES
PROJECT
EXPENDITURES
$ -
6,703
$ 6,703
FUND 593
WESTERN TRANSPORTATION DIF
181.156
39,992
1,893
Total Appropriation
as of 6/30/12
55,000
24,999
(152,694)
(6,703)
$ 63,444
Of Project
Funded by TDIF
26.00%
100.00%
Future
Appropriations
Initially
Scheduled
2009
2009
SCHEDULE3
TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES
FY 11/12 REVENUES AND EXPENDITURES
Description of Fee: For City's traffic signal needs resulting from increased traffic volume caused by new development.
Amount of the Fee: $ 32.57 per trip
FY 11/12 FUND BALANCE INFORMATION:
Beginning Balance, 07/01/11
~ Traffc Signal Fees Collected
I Federal Grant
~ Interest Earned
Miscellaneous Revenues
Transfer-In
Expenditures:
City Staff Services
Other Refunds
Transfer-Out - 2003 Refunding COP
CIP Project Expenditures
Unaudited Ending Balance, 06/30/12
FUND 225
TRAFFIC SIGNAL
FUND
$ 3,315,821
145,470
29,996
25,806
(2,117)
(862,751)
$ 2,652,225
ATTACHMENTA
SCHEDULE 3.1
TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES
FY 11/12 REVENUES AND EXPENDITURES
ATTACHMENT A
FY 11/12 CIP EXPENDITURES
cD
I
PROJECT Total Appropriation % Of Project Fundec Future Initially
PROJECT DESCRIPTION EXPENDITURES as of 6/30/12 by Traffic Signal DIF Appropriations Scheduled
OP206 Surevey Monument Preservation Replacement $ 5,273 13,000 9.40% - 2010
OP208 CIP Mngmnt 8 Equipment Purchase 3,267 40,000 21.10% - 2009
STM370 North Fourth Avenue Widening 25,234 30,000 11.00% - 2011
TF300 Traffic Signal Instl Hilltop /Oxford 31,494 449,401 100.00% - 2003
TF316 Signal Installation-2nd 8 Quintard 4,399 40,000 13.10% - 2005
TF320 Signal Instl Greensgate /Greenvw 87 157,157 100.00% - 2008
TF330 Traffic Modification 4th /Main 8 4th / Beyer - 627,000 70.00% - 2006
TF331 Traffic Modification 3rd /Montgomery 902 390,000 56.52% - 2006
TF335 Traffic Signal Installation Brandywine 8 Sequoia - 309,201 100.00% - 2007
TF337 Traffic Left Turn Modification Program 14,840 226,649 100.00% - 2006
TF349 Traffic Signal Modifcation 1st Ave. E St. Intersection 2,933 600,000 100.00% - 2008
TF354 Traffic Congestion Relief Program ~ - 55,000 20.00% - 2008
TF355 1805 Corridor Improvement Arterial Ops - 25,000 33.33% - 2008
TF360 Hwy Safety Imprv Prog Mjr Intr 539,595 702,090 51.00% - 2009
TF366 Trafc Sgnl 8 Stlight Upgrd/Mtn 38,628 255,913 41.69% - 2009
TF370 Traffic Signal Instal Albany 8 Orange 30,048 350,000 100.00% - 2010
TF371 Traffic Modification Hilltop Dr 8 Main Street 144,251 250,000 100.00% - 2010
TF374 Mod Traffic Signal/Equip. 3rd81 and 3rd8K 1,126 200,000 100.00% - 2011
TF376 Mod Traffic Signal Modification at 3rd8K 20,674 50,000 0.00% - 2011
TOTAL CIP EXPENDITURES $ 862,751
SCHEDULE4
TELEGRAPH CANYON DRAINAGE DIF (TC DRAINAGE DIF)
FY 11/12 REVENUES AND EXPENDITURES
ATTACHMENT A
Description of Fee: For construction of Telegraph Canyon channel between Paseo Ladera and the Eastlake Business Center and for a portion of the channel west of I-805.
Amount of the Fee: $ 4,579 per acre
FY 11/12 FUND BALANCE INFORMATION:
FUND 542
TC DRAINAGE DIF
Beginning Balance, 07/01/11 $ 6,066,942
TC Drainage Fees Collected -
Interest Earned 57,952
J
~ Transfer-In
-
I Expenditures:
~ Debt Service Payment to 03 Refunding COP -
CIP Project Expenditures (10,507)
Unaudited Ending Balance, 06130/12 $ 6,114,387
FY 11/12 CIP EXPENDITURES:
PROJECT Total Appropriation % Of Project Funded Future Initially
PROJECT DESCRIPTION EXPENDITURES as of 6/30/12 by DIF Appropriations Scheduled
DR118 94/Tele Cyn Channl Design $ 407 3,919,026 100.00°/ - 1994
DR167 Telegraph Canyon Drainage Study Third & L 321 1,251,000 100.00% - 2006
DR182 Telegraph Canyon Channel Improvement K-1st 7,700 50,000 100.00% - 2010
DR183 Telegraph Canyon Drainage Study 2,079 1,600,000 100.00% - 2010
TOTAL CIP EXPENDITURES $ 10,507
ATTACHMENT A
SCHEDULES
SEWER DEVELOPMENT IMPACT FEES
FY 11/12 REVENUES AND EXPENDITURES
m
cD
Telegraph Canyon Gravity Sewer DIF (TC Gravity Sewer DIF) Fund 431
Pumped Sewer DIF (Pumped Sewer DIF) Fund 543
Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Fund 432
Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Fund 433
Description of Fee:
Telegraph Canyon Gravity Sewer DIF: For the expansion of trunk sewer within the basin for tributary properties.
Pumped Sewer DIF: For construction of facilities necessary to provide sewer service to developments within the
pumped flow basin.
Salt Creek Sewer Basin DIF: For the planning, design, construction and/or financing of the facilities.
Poggi Canyon Sewer Basin DIF: For the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional
trunk sewer west of I-805 along Olympic Parkway to the boundary of Eastlake.
Amount of the fee:
Fund 431 Fund 432 Fund 433
TC Gravity PC Sewer SC Sewer
Sewer DIF Basin DIF ,Basin DIF
per single family equivalent dwelling unit detached
per single family equivalent dwelling unit attached
per multi-family equivalent dwelling unit
Commercial land use
Industrial land use
216.50 $ 265.00 $ 1,330.00
216.50 265.00 1,330.00
162.38 198.75 997.50
$216.50/edu $265/edu $1330/edu
$216.50/edu $265/edu $1330/edu
ATTACHMENT A
SCHEDULE 5.1
SEWER DEVELOPMENT IMPACT FEES
FY 11/12 REVENUES AND EXPENDITURES
FY 11/12 FUND BALANCE INFORMATION:
Fund 431 Fund 432 Fund 433
TC Gravity PC Sewer SC Sewer
Sewer DIF Basin DIF Basin DIF
~ Beginning Balance, 07/01/11 $ 3,198,682 $ 2,107,673 $ 1,664,411
DIF Fees Collected - 56,108 118,559
^~ Interest Earned 10,517 20,602 53,935
0
Transfer-In - - -
Expenditures:
City Staff Services - - (6,425)
Depreciation Expense -Infrastructure (60,000) - -
Interest Paid - - (62,927)
Transfer Out to Fund 413 - - -
Transfer Debt Service - - (250,000)
CIP Project Expenditures - - -
Unaudited Ending Balance, 06/30/12 $ 3,149,199 $ 2,184,383 $ 1,517,553
ATTACHMENT A
SCHEDULE6
OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE
FY 11/12 REVENUES AND EXPENDITURES
Otay Ranch Village 1, 2, 5 & 6 Pedestrian Bridge DIF (OR Vil 1 & 5 Pedestrian Bridge DIF), Fund 587
Otay Ranch Village 11 Pedestrian Bridge DIF (OR Vil 11 Pedestrian Bridge DIF), Fund 588
Description of Fee:
OR Village 1 & 5 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement between Otay Ranch Villages 1, 5 & 6.
OR Village 11 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement in Otay Ranch Village 11.
Amount of the fee:
Fund 587 Fund 588
m OR Village 1, 2, 5 & 6 OR Village 11
Ped Bridge DIF Ped Bridge DIF
N
J
per single family equivalent dwelling unit detache $
per multi-family equivalent dwelling unit $
FY 11/12 FUND BALANCE INFORMATION:
Beginning Balance, 07/01/11
DIF Fees Collected
Interest Earned
Otay Parkway Ped. Bridge (2008-102)
City Staff Services
Other Refunds
Unaudited Ending Balance, 06/30/12
1,114.00 $ 2,190.00
826.00 $ 1,627.00
FUND 587 FUND 588
OTAY RANCH DIF OTAY RANCH DIF
269,759 $ 2,797,316
138,006 129,296
3,746 28,046
(37,256) -
$ 374,255 $ 2,954,658
SCHEDULE?
PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF)
FY 11/12 STATEMENT OF FUND BALANCE
Description of Fee and amount:
Atlmistralion ($566) -Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc.
Civic Center Expansion ($2,670) -Expansion of the 1989 Civic Center per the Civic Center Master Plan to provide suffcient building space and parking due to growth and development. The
Civic Center Master Plan was updated in July 2007 to include the Otay Ranch impacts.
Police Facility ($1,629) -Accommodation of the building space needs per the Civic Center Master Plan, which included the newt' constructed police facility, upgrading of She wmmunications
center and installation of new communication consoles. Also included is fhe purchase and installation of a computer aided dispatch system (CAD), Police Records Management System, and
Mobile Data Terminals.
Corporation Yard Relocation ($438) - Relocation of the City's Public Works Center from the bay front area to the more centraly located site on Maxwell Road.
Libraries ($1,533) -Improvements include wnstruction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. This component is
based on the updated Library Master Plen.
Fire Suppression System ($1,350) -Projects include the relocation of Fire Stations #3 8 #4, construction of a fire training lower and classroom, purchase of a brush rig, installation of a radio
communications tower and consVUCtion of various fre stations in [he Eastern section of the City. This fee also reflects the updated Fire Station Master Plan, which includes needs associated
with the Otay Ranch development.
CD
N
N
Major Recreation Facilities ($1,164) - New wmponent adopted in November 2002 to build major recreation facilities created by new development such as community centers, gymnasiums,
swimming pools, and seniorfleen centers.
Police Corp Vartl Fire SUpP. Rec.
Gen. Admin. Civic Censer (1) Facility Relocation Libraries System Fatildies
571 567ISR 90 5]d 575 576 502 TOTAL
Beginning Balance, 07/07117 $ 3,328,881 $ 9,289,435 $ (1,700 408) $ 2,435,186 $ 9,399,669 $(11,997,919) $(5,616,124) $ 5,136,720
Revenues:
DIF Revenues 304,464 580,158 379,978 ~ 111,816 581,803 614,384 549,727 3,122,330
Investment Earnings 707,754 99,298 (22,386) 22,834 93,933 (117,260) (53,651) 130,522
Other Revenue 236,238 - - - - - - 236,238
Reimbursement-Oth Agencies - - - - - - - -
Transferln - - - - - - -
Expentlitures: '
Personnel Services Total - - - - - - - -
Supplies 8 Services (600) - - - - - - (600)
City Staff Services - - - - - - - -
Other Refunds - - - - - - - -
Capital ExpeMiWres - - - - - - - -
CIP Project Expenditures - - - - - - - -
TransferOut - (51,041) - __ - (51041)
Unaudited Ending Balance, O6/30/1 $ 3,978,737 $ 9,917,850 $ (1,342,616) $ 2,569,636 $10,075,405 $(11,500,795) $(5,120,048) $ 6,576,169
NOTE: (1) This fund inUUtles the amount set aside for the acquisition of the Adamo property in Fund 567.
J
N
W
PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES)
FY 11/12 REVENUES AND EXPENDITURES
Description of Fee: In lieu fee for providing neighborhood community park and recreational facilities.
Areas East of I-805
Amount of the Fee: $ 17,530 per single family dwelling unit
13,009 per multi-family dwelling unit
8,204 per mobile home dwelling unit
7,499 per motel/hotel dwelling unit
Areas West of I-805
Amount of the Fee: $ 9,848 per single family dwelling unit
7,308 per multi-family dwelling unit
4,609 per mobile home dwelling unit
4,212 per motel/hotel dwelling unit
FY 11/12 FUND BALANCE INFORMATION:
FUND 715
PAD FUND
Beginning Balance, 07/01/11 $ 31,698,781
Revenues:
Park Dedication Fees 424,546
Interest Earned 211,531
Miscellaneous Revenues -
Expenditures:
Supplies and Services -
Other Refunds 3,510
Transfer-Out Western PAD (615,985)
CIP Project Expenditures (56,619)
Unaudited Ending Balance, 06/30/12 $ 31,665,764
ATTACHMENTB
PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES)
FY 11112 REVENUES AND EXPENDITURES
ATTACHMENT 6.1
FY 11/12 CIP EXPENDITURES:
CD
N
PROJECT Total Appropriation % Of Project Funded Future Initially
PROJECT DESCRIPTION EXPENDITURES at 6/30/12 by PAD Fees Appropriations Scheduled
PR261 Otay Ranch Community Park 17,922 697,764 100.00% - 2009
PR279 All Seasons park 90 2,900,000 100.00% - 2007
PR303 Sunset View Park Roller Hockey Rink Modf 36,415 150,000 100.00% - 2009
PR308 P-3 Neighborhood Park (ORV2) 1,500 122,000 100.00% - 2009
PR309 P-2 Neighborhood Park(ORV2) 692 122,000 100.00% - 2009
TOTAL EXPENDITURES $ 56,619
Note: The ending balance includes fees paid by specific developers for specifc parks within those development. These parks
include Salt Creek Park, Montevalle Park, Mt. Miguel Park, Mountain Hawk, and the Otay Ranch Community Park.
TRUNK SEWER CAPITAL RESERVE
FY 11112 REVENUES AND EXPENDITURES
Description of Fee: For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of capacity
and for planning and/or evaluating any future proposals for area wide sewage treatment and or water reclamation
systems or facilities.
1
N
Amount of the Fee: $ 3,478 per equivalent dwelling unit of Flow when developing or modifying use of any residential
property
FY 11/12 FUND BALANCE INFORMATION:
FUND 413
TRUNK SEWER
(TS)
Beginning Balance, 07/01/11 $ 181,977,759
Interest Earned 869,407
Developer Infrastructure Donations -
Sewerage Facility Participant Fees 2,034,631
Transfer In -
Expenditures:
Depreciation Expense -Infrastructure (5,123,647)
Contributions to Other Agencies (City of SD) (115,870)
CIP Project Expenditures (107,016)
Unaudited Ending Balance, 06/30/12 $ 1,79,535,264
ATTACHMENT C
TRUNK SEWER CAPITAL RESERVE
FY 11112 REVENUES AND EXPENDITURES
ATTACHMENT C.1
FY 11/12 EXPENDITURES:
J
cc
N
T
PROJECT Total Approp. % Of Project Funded Future Initially
PROJECT DESCRIPTION EXPENDITURES at 6/30/12 by TRUNK SEWER Appropriations Scheduled
SW219 99/811 Creek Trunk Sewer Constructior 782 706,679 73.80% - 1999
SW223 Wastewater Master Plan 74,574 565,940 100.00% - 2001
SW234 Sewer Improvement Colorado J & K 150 965,883 100.00% - 2004
SW235 Main St. Sewer Hilltop -Fresno - 136,459 100.00% - 2004
SW249 Joint Feas Stud for Wastewater Reclm 403 41,870 100.00% - 2007
SW258 Sewer Capacity Analysis 21,949 287,235 100.00% - 2007
SW263 Anita Street Sewer Improvement 8,516 500,000 100.00% 660,000 2011
SW265 Industrial Blvd At Moss & K 468 670,000. 100.00% - 2011
SW266 Oxford Street Sewer Improvement 172 670,000 100.00% - 2011
SW272 Moss St Swr Improv. at Railroad Cross - 500,000 100.00% - 2012
TOTAL EXPENDITURES $ 107,016
J
I
N
J
LOANS:
TRUNK SEWER CAPITAL RESERVE
FY 11112 REVENUES AND EXPENDITURES
Outstanding
Description of Loan Loan Amount Interest Rate
Loan to Storm Drain Fund, approved by
Council Resolution #18996 on May 19, 1996 $ 348,925 6.07%
Loan to Storm Drain Fund, approved by
Council Resolution #19078 on July 16, 1999
for project DR140 (Storm Drain Repair-Orange) 62,929 5.90%
Loan to Storm Drain Fund, approved by
Council Resolution #19607 on Nov. 24, 1999
for project DR 147 (CMP Storm Drain Replacement) 245,277 5.88%
Loan to Storm Drain Fund, approved by
Council Resolution #19682 on Jan. 19, 2000 87,482 5.88%
Advanceto Salt Creek Sewer DIF approved
by Council Resolution #2001-203 on June 19,2001 10,712,701 5.86%
Advance to Salt Creek Sewer DIF approved
by Council Resolution #2002-222 on June 18,2002 2,033,309 5.34%
Advance to Salt Creek Sewer DIF approved
by Council Resolution #2002-297 on August 13, 2002 2,977,920 1.90%
Advance to Salt Creek Sewer DIF approved
by Council Resolution #2003-278 on June 17, 2003 1,124,451 1.50%
Total
$ 17,592,993
ATTACHMENT C.2
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT
TO GOVERNMENT CODE SECTION 66001(d) FOR
DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(POGGI CANYON SEWER DEVELOPMENT IMPACT FEE
AND OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE)
WHEREAS, California Government Code section 66001(d) requires local agencies to
make findings with respect to any portion of Development Impact Fees (DIFs) remaining
unexpended five or more years after deposit of the fee; and
WHEREAS, such findings must identify the purpose to which the fee is to be put,
demonstrate a reasonable relationship between the fee and the purpose for which it is charged,
identify all sources and amounts of funding anticipated to complete financing of incomplete
projects and designate the approximate dates on which the anticipated funding will be deposited
into the appropriate account or fund; and
WHEREAS, the City has identified unexpended fees on deposit for five or more years
and has elected to make the required findings pursuant to Section 66001(d) of the Government
Code for the Poggi Canyon Sewer Development Impact Fee ("Poggi DIF"); and Otay Ranch
Village 11 Pedestrian Bridge Development Impact Fee ("Pedestrian Bridge DIF"); and
WHEREAS, for each fee listed above, the purpose of the fee and the demonstration of the
reasonable relationship between the fee and the purpose for which it is charged are contained in
the "Poggi Canyon Sewer Basin Plan", dated April 2009; and the "City of Chula Vista Pedestrian
Bridge Development Impact Fee Report for Otay Ranch Village 11," dated February 2003,
respectively, which are incorporated by this reference; and
WHEREAS, each incomplete project being funded by the fees listed above will continue
to receive funding from the fees as development subject to the respective fees occurs, the funds
will be deposited into the appropriate account or fund as they become available, and will be
appropriated through the City's budget, as adopted and amended from time to time; there is no
additional funding source anticipated at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby find that the purpose for the Poggi Canyon Sewer Development Impact
Fee and the demonstration of the reasonable relationship between the Poggi DIF and the purpose
for which it is chazged is as set forth in the "Poggi Canyon Sewer Basin Plan", dated April 2009,
a copy of which is on file in the office of the City Clerk; and that purpose for the Otay Ranch
Village 11 Pedestrian Bridge Impact Fee and the demonstration of the reasonable relationship
19-28
Resolution No.
Page 2
between the Pedestrian Bridge DIF and the purpose for which it is charged is as set forth in the
"City of Chula Vista Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village
11 ", dated February 2003, a copy of which is on file and available in the office of the City Clerk;
and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby find that each incomplete project being funded by the Poggi DIF and the Pedestrian
DIF will continue to receive funding from the fees as development subject to the respective fees
occurs, that the funds will be deposited into the appropriate account or fund when received, and
will be appropriated through the City's budget, as adopted and amended from time to time, and
that there is no additional funding source anticipated at this time.
Presented by
Maria Kachadoorian
Finance Director/ Treasurer
Approved as to form by
~, 1
len '. Goog
Ci y Attorney
19-29
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT
TO GOVERNMENT CODE SECTION 66001(d) FOR
DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(TRANSPORTATION DEVELOPMENT IMPACT FEE)
WHEREAS, California Government Code section 66001(d) requires local agencies to
make findings with respect to any portion of Development Impact Fees (DIFs) remaining
unexpended five or more years after deposit of the fee; and
WHEREAS, such findings must identify the purpose to which the fee is to be put,
demonstrate a reasonable relationship between the fee and the purpose for which it is charged,
identify all sources and amounts of funding anticipated to complete financing of incomplete
projects and designate the approximate dates on which the anticipated funding will be deposited
into the appropriate account or fund; and
WHEREAS, the City has identified unexpended fees on deposit for five or more years
and has elected to make the required findings pursuant to Section 66001(d) of the Government
Code for the Transportation Development Impact Fee ("TDIF"); and
WHEREAS, the purpose of the TDIF and the demonstration of the reasonable
relationship between the fee and the purpose for which it is charged are contained in the "Eastern
Area Transportation Development Impact Fee" report dated March 2005, which is incorporated
by this reference; and
WHEREAS, each incomplete project being funded by the TDIF will continue to receive
funding from the TDIF as development subject to the TDIF occurs; additional funding to be
applied to incomplete TDIF projects may become available in the future but the source and
amount of such funding is not known at this time; the sources and amounts of the funding will be
identified as the funding becomes available; all funds received will be deposited into the
appropriate account or fund as they become available, and will be appropriated through the
City's budget, as adopted and amended from time to time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby find that the purpose for the Transportation Development Impact Fee
and the demonstration of the reasonable relationship between the TDIF and the purpose for
which it is charged is as set forth in the "Eastern Area Transportation Development Impact Fee"
report, dated March 2005; a copy of which is on file in the office of the City Clerk; and
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby find that each incomplete project being funded by the TDIF will continue to receive
funding from the TDIF as development subject to the TDIF occurs, that additional funding to be
19-30
Resolution No.
Page 2
applied to incomplete TDIF projects may become available in the future but the amount and
source of such funding is unknown at this time, at which time the sources and amounts of the
funding will be identified and the funds will be deposited into the appropriate account or fund as
the funding becomes available and appropriated through the City's budget, as adopted and
amended from time to time.
Presented by
Maria Kachadoorian
Finance Director/ Treasurer
19-31
Approved as to form by
COUNCIL RESOLUTION N0.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT
TO GOVERNMENT CODE SECTION 66001(d) FOR
DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(TELEGRAPH CANYON GRAVITY SEWER DEVELOPMENT
IMPACT FEE)
WHEREAS, California .Government Code section 66001(d) requires local agencies to
make findings with respect to any portion of Development Impact Fees (DIFs) remaining
unexpended five or more yeazs after deposit of the fee; and
WHEREAS, such findings must identify the purpose to which the fee is to be put,
demonstrate a reasonable relationship between the fee and the purpose for which it is charged,
identify all sources and amounts of funding anticipated to complete financing of incomplete
projects and designate the approximate dates on which the anticipated funding will be deposited
into the appropriate account or fund; and
WHEREAS, the City has identified unexpended fees on deposit for five or more years
and has elected to make the required findings pursuant to Section 66001(d) of the Government
Code for the Telegraph Canyon Gravity Sewer Development Impact Fee ("Gravity Sewer DIF");
and
WHEREAS, the purpose of the Gravity Sewer DIF and the demonstration of the
reasonable relationship between the Gravity Sewer DIF and the purpose for which it is charged
are contained in the "Telegraph Canyon Sewer Basin Improvement and Financing Plan" report,
dated July 1992, and modified by the addendum entitled "Addendum to Telegraph Canyon
Sewer Basin Plan," dated September 1992, which is incorporated by this reference; and
WHEREAS, each incomplete project being funded by the Gravity Sewer DIF will
continue to receive funding from the Gravity Sewer DIF as development subject to the Gravity
Sewer DIF occurs and the funds will be deposited into the appropriate account or fund as they
become available, and will be appropriated through the City's budget, as adopted and amended
from time to time; there is no additional funding source anticipated at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby find that the purpose for the Telegraph Canyon Gravity Sewer
Development Fee and the demonstration of the reasonable relationship between the Gravity
Sewer DIF and the purpose for which it is charged are contained in the "Telegraph Canyon
Sewer Basin Improvement and Financing Plan" report, dated July 1992, and modified by the
addendum entitled "Addendum to Telegraph Canyon Sewer Basin Plan," dated September 1992;
and
19-32
Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby find that each incomplete project being funded by the Gravity Sewer DIF will
continue to receive funding from the Gravity Sewer DIF as development subject to the Gravity
Sewer DIF occurs, that the funds will be deposited into the appropriate account or fund when
received, and will be appropriated through the City's budget, as adopted and amended from time
to time, and that there is no additional funding source anticipated at this time.
Presented by
Maria Kachadoorian
Finance Director/ Treasurer
19-33
Approved as to form by
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING REQUISITE FINDINGS PURSUANT
TO GOVERNMENT CODE SECTION 66001(d) FOR
DEVELOPMENT PROJECT FEES COLLECTED AND
REMAINING UNEXPENDED FOR FIVE OR MORE YEARS
(TELEGRAPH CANYON DRAINAGE DEVELOPMENT
IMPACT FEE)
WHEREAS, California Government Code section 66001(d) requires local agencies to
make findings with respect to any portion of Development Impact Fees (DIFs) remaining
unexpended five or more years after deposit of the fee; and
WHEREAS, such findings must identify the purpose to which the fee is to be put,
demonstrate a reasonable relationship between the fee and the purpose for which it is charged,
identify all sources and amounts of funding anticipated to complete financing of incomplete
projects and designate the approximate dates on which the anticipated funding will be deposited
into the appropriate account or fund; and
WHEREAS, the City has identified unexpended fees on deposit for five or more years
and has elected to make the required findings pursuant to Section 66001(d) of the Govemment
Code for the Telegraph Canyon Drainage Development Impact Fee ("Drainage DIF"); and
WHEREAS, the purpose of the Drainage DIF and the demonstration of the reasonable
relationship between the Drainage DIF and the purpose for which it is charged are contained in
the "City of Chula Vista, California, Telegraph Canyon Drainage Plan" report, dated June 1990,
which is incorporated by this reference; and
WHEREAS, each incomplete project being funded by the Drainage DIF will continue to
receive funding from the Drainage DIF as development subject to the Drainage DIF occurs and
the funds will be deposited into the appropriate account or fund as the they become available,
and will be appropriated through the City's budget, as adopted and amended from time to time;
there is no additional funding source anticipated at this time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it does hereby find that the purpose for the Telegraph Canyon Drainage Development
Impact Fee and the demonstration of the reasonable relationship between the Drainage DIF and
the purpose for which it is charged is as set forth in the "City of Chula Vista, California,
Telegraph Canyon Drainage Plan" report, dated June 1990, a copy of which is on file in the
office of the City Clerk; and
19-34
Resolution No.
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
does hereby find that each incomplete project being funded by the Drainage DIF will continue to
receive funding from the Drainage DIF as development subject to the Drainage DIF occurs, that
the funds will be deposited into the appropriate account or fund when received, and will be
appropriated through the City's budget, as adopted and amended from time to time, and that
there is no additional funding source anticipated at this time.
Presented by
Maria Kachadoorian
Finance Director/ Treasurer
Approved as to form by
19-35
~Fdc€i-~io~a.-I info#l9
~~.
MEMORANDUM
TO: Mayor Cox and Councilmembers Aguilar, Bensoussan, Ramirez and Salas
FROM: Jill D.S.. Maland, Assistant City Attorney
CC: G1enGoogins, City Attorney
;lames Sandoval, City Manager
Donna Norris, City Clerk
DATE: ~ December 7, 2012
SUBJECT: City Cotmcil Meeting ILemNo. 19 -Development Fees
This memorandum is provided to you in connection with item no. 19 on the agenda
for the December 11, 2012 City Council meeting. That item contains four resolutions by
which the City Council will be making certain findings required to continue five
development impact fees currently in place. With respect: to three of the fees, we have
identified Councilmember property holdings within 500 feet of the property subject to the
fees. As a result, the item has been broken into four resolutions' to allow the
Councilmembers to vote on as many of the resolutions as possible. The identified
conflicts are'set forth in the Agenda Statement accompanying this item, and are
summarized below for your reference:
Resolutioti B -Councilmembers Aguilar and Salas
Resolution C -Mayor Cox and Councilmembers Bensoussan and Salas
Resolution D -Councilmember Salas
Each resolution will require the affirmafive votes of at least three members of the
Council in order to pass. As there are three members with identified properties holdings
within the 500-foot radius for Resolution C, we recommend that the Council invoke the
"legally required participation" rule. That rule may be utilized to allow an otherwise-
disqualified member to participate in a decision when it is legally impossible for the
decision to be made without the member's participation.l The rule is construed narrowly
and only, allows the participation of the smallest number of disqualified persons necessary
toconstitute a quorum. Typically this exception is invoked when, due to disqualifcation,
an.agency is unable to convene a "quorum" of its members. Since the Council would not be
able to convene a quorum without the participation of at least one of the three members
identified, the rule of legally required participation would apply. Accordingly, those three
members could participate iri a random selection process to choose which one can participate
~ Cal. Go_dt Code §87107; Ca. Code Regs. tit. 2, div. 6, §18708 (2006).
~ In re Hudson (1978) 0. FPPC Ops. li.
~..
_,,
in the decision in order to create a quorum s Thus, we recommend that the City Clerk draw
the name. of one of the three members, by random lot, in order to determine which of the
three may vote on Resolution C.
Although there may be other exceptions that would allow the members'
participation despite the conflicts, it would reglure significant additional analysis and
time to determine whether, and to whom, those exceptions might apply, In order to meet
the statutory deadlines relative to this item, we would recommend that the City Council
take the most conservative approach and utilize the "legally required participation"
exception. If you have any concerns with this approach, please let us know. Otherwise,
we will proceed to work with Mayor Cox and the City Clerk to implement the
appropriate procedures at the December 11 m City. Council meeting.
Please do not hesitate to contact me or City Attorney Googins if you have any
gixestions regarding this matter.
' In re Fludson (1978) ~4 PPPC Ops. 13.