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HomeMy WebLinkAboutReso 10-12 East Dub TIF RESOLUTION NO. 10 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* REVISING ADMINISTRATIVE GUIDELINES RELATED TO THE EASTERN DUBLIN TRAFFIC IMPACT FEE WHEREAS, the City Council has established a Traffic Impact Fee (TIF) applicable to development occurring within the Eastern Dublin SpeCific Plan Area; and WHEREAS, the current TIF was adopted on June 18, 2004, via Resolution 111-04; and WHEREAS, the City Council previously adopted Resolution 20-07, Adopting Revisions to the Eastern Dublin TIF Administrative Guidelines; and WHEREAS, the intent of the Guidelines is to provide procedures for reimbursement, credit, or other administrative aspects of the TIF Program; and WHEREAS, revisions to the Administrative Guidelines are necessary to provide greater flexibility to the Public Works Director to determine the trip generation rate calculations and to ensure language consistency between the Eastern Dublin TIF Administrative Guidelines and the Downtown TIF Administrative Guidelines; and WHEREAS, the revised Guidelines, as prepared, are consistent with the requirements of Resolution 111-04, as well as existing laws and regulations. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the revised Eastern Dublin Traffic Impact Fee Administrative Guidelines, attached hereto as Exhibit A and by reference made a part hereof to supersede all prior versions of the Guidelines. PASSED, APPROVED AND ADOPTED this 7th day of February, 2012, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None X-llnJ- Mayor A7Z{f~ City Clerk Reso No. 10-12, Adopted 2-7-12, Item 4.4 Page 1 of 1 EXIllBIT A CITY OF DUBLIN EASTERN DUBLIN TRAFFIC IMPACT FEE ADMINISTRATIVE GillDELINES Revision Adopted Resolution # 20-07 (2/20/2007) I. Introduction/Oveniew These guidelines apply to the Eastern Dublin Traffic Impact Fees (hereafter known as the 'Fee' or 'Fees') adopted by the City of Dublin through Resolution 111-04 and any subsequent replacement .resolution. The Eastern Dublin Traffic Impact Fee includes three categories of improvements and facilities. . Section I improvements and facilities are those located exclusively in the Eastern Dublin Specific Plan area. . . Section II improvements and facilities are those projects to which Eastern Dublin developers contribute a proportionate share, including projects located in other areas of the City. . Section II Residential BART Garage improvements include 500 spaces in Phase I of the Eastern Dublin BART garage, necessitated by residential development outside the Transit Center. . Section III improvements and facilities are those of a regional natme. (NOTE: Section III Fee suspended effective September 12,1998, as long as Tri-Valley TranspOltation Development Fee remains ih place.) The administrative guidelines provide procedures for calculation of the Fee, calculation and use of credits and reimbursements, and other administrative aspects of the Fee. In addition, the guidelines include procedures for construction of designated facilities by developers The administrative guidelines establish the authority for providing credits and/or reimbursements to developers who construct aneVor dedicate any of the improvements and facilities for which the Eastern Dubliri Traffic Impact Fee is imposed (TIP facilities). When such public improvements and facilities are constructed and/or dedicated by a developer, the developer shall be given a credit to be applied against the Fees due for the developmentproject. The amOlmt of the credit shall be determined pursuant to Section VI of these guidelines. If the amount of the credit is greater than the Fees due for the development project, the developer may use the credittoward the Fees for another development project or transfer the credit to another eligible developer in Eastern Dublin in accordance with these guidelines. If the cleveloper cannot use or transfer the credit within ten years, then the credit \vill convert to a reimbursement right. At the end of the ten-year period, the developer may elect to extend the credit t<.)r an additional five years. The combination of credit ancl reimbursement rights will terminate twenty-tlve years after the etIective clate of the agreement creating such rights. The administrative guidelines also establish the authority for the distribution of monies collected under "Section II Residential BART Garage". The application of these guidelines will at times refer to various reference documents adopted by the City of Dublin. These documents include the City's General Plan, the Eastern Dublin Specific Plan, the most recent Traffic Impact Fee Study, ancI various other fee studies and Eastem Dublin Traffic Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 2 of 13 updates. Such reference documents are subject to change and may atlect the application ofthese guidelines. II. Authorit). of CitJ M.mager to Interpret Situations Not Covered Should situations arise not covered by these guidelines, the City Manager willlw\e the authority to detennine how the resolutions, ordinances,. guidelines and agreements will be administered. Such interpretations by the City Manager will be in \\Titing Ill. Fee Calculation A. Imposition of Fees Except as exempted under subsection n of this section, Fees are imposed on all development in Eastern Dublin as described below 1. All new development, including new construction of anv building or structure (residential or non-residential): 2. Additions to non-residential buildings or stl1lctures which result in an increase of 500 square feet or more: 3. Additions to residential buildings or structures which increase the number of units (i.e. construction of a "granny unit''). The Administrative Services Department serves as the lead department to gather and coordinate the information necessary to calculate the Fee. The Conununity Development Department is responsible for detennining the intended land use. The Public Works Department is responsible for determining the number of vehicle trips a.ssigned to the project Unless otherwise provided, the Fee will be collected with the payment for the building pennit for the development project B. Effective Fees The Fees owed by a development project will be those in dIect \\hen the building permit is obtained. This section shall be applicable whether the fees are paid in cash or a credit is used. C. Basis for Calculating Fees The Fees tl1f residential development projects will be calculated based upon the per unit fee for each of the categories noted in Resolution 111-04 (i.e. Low Density Residential, Medium Density Residential, Medium/High Density Residential, High Density Residential) and/or any subsequent replacement resolution. The Fees tl1f non-residential development are calculated on a per average weekday vehicle trip basis. The number of average weekday vehiele. trips tl)f each type of development is determined by the land use categories specified in "Exhibit C" of Resolution 111-04. However. if the Public Works Director determines that the land use of the development proiect is not appropriatelv reHected in Exhibit C to the Resolution or that the intensitv of the proposed land use is not consistent with the adopted land use cateQories in Exhibit C. then tbe Public Works Director will have the option of requiring Eastem Dublin Tramc Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 3 of 13 a traffic analvsis or utilizing an existing, relevant studv for the pUlpose of determining the estimated trip generation of the proposed development proiect The Public Works Director will require that anv new tratlic analvsis costs bv bome bv the applicant l(~e~s __ _ -- for non-residential development will be charged for any addition to an existing building or structure if the addition exceeds 500 square feet For mixed-use non-residential development projects. the Conununity Development Director, upon consultation with the Public Works Director, will detelmine the proJected percentage of each use at the time the Final Map or other appropriate entitIement is approved.' The Fee will be calculated on a pro-rata basis among the various rates stated for each different use (For example, a large single building could be divided between conunercial otfice space and industrial warehouse space). If tIle uses are unknO\\U at tIle time of obtaining a building permit and tIle building pennit does not include adequate interior details to detennine tIle intended use, the use for the initial Fee calculation purposes will be assumed as "Industrial witIlout Retail". Any additional Fees owed as a result of a ditlerent final use of fue propelty will be calculated and 'collected a t the time tIlat a building pennit is issued for interior tenant inlprovements. Tllis fee calculation shall be at the rate in effect at tIle tinle tIle building permit for tenant improvements is issued. No refund of Fees will be given if the resulting uses are difterent from tIle projected land use. The average weekday trip generation rate for quasi-public uses, wllich is not 'appropriately retlected on the "Estimated Weekday Vehicle Trip Generation Rate" schedule tIlat was adopted as part of tIle Traffic Impact Fee Resolution (Ex/libit C to Resolution 111-(4), as detelmined by tIle Public Works Director, will be established by a prl:iect specific traffic study Tllis study \vill be conducted by tIle City (Public Works Department) and paid for by the project applicant Affordable housing projects developed by govenunent agencies and non-profit entities will be subject to the same Fees tIlat are assessed on private residential development D. Exemptions 1. Total Exemption. TIle following types of development will be exempt from tIle collection of Traffic Impact Fees: a) Any alteration or addition to a residential stmcture, except to tIle extent tIlat a residential unit is added to a single-family unit, or anotIler unit is added to an existing multi -tamily building. b) Any replacement or reconstruction of an existing residential structure tIlat has been destroyed or demolished, provided tIlat tIle building permit for reconstruction is obtained witIlin one year atter tIle building was destroyed or demolished, unless tIle replacement or reconst.ruction increases tIle square footage of the stmcture 50% or more. c) Any replacement or reconstruction of an existing non-residential stmcture tIlat has been destroyed or demolished provided that tIle building pelmit fix ne\v reconstmction is obtained witllin one year atter tile building was destroyed or demolished and tile reconstructed building would not Deleted: ,However. if the Public WorL~ Director determines that the land use of the development project is not appropriately reflected on "'Exhlbit C'" of Resolution 111-04, then the Public \'ilorks Department will lluclel1ake a specific traffic study. to be paid for by the applic<:Ult. for the purp'ose ,of determining Ule estillwted trip generation of the proposed development project Eastem Dublin Trame Impact Fee Administrative Guidelines Resa 20-07 (2/20/2007) Page 4 0.1' 13 increase the destroyed 0.1' demalished building's trips based an the "Estimated Weekday Vehicle Trip Generatian Rate" as applied to. the ariginal building 2. Pattial Exemptian A partial exemptian may be granted based an priar Fecs paid in the situatian 0.1' a change in the type afuse as described belaw: If within 10 years 0.1' paying Eastern Dublin Traffic Impact Fees for a specific develapment praject, the praject is demalished and replaced by anew type 0.1' develapment, an exemptian may be given far up to. the am01mt which was paid by the prior develapment proJect Proaf 0.1' payment shall be abligatian 0.1' the individual/entity requesting the exemptian. The new develapment shall nat accrue any unused credit or reimbursement rights, in the event that the replacement project wauld result in it lawer Fee. Any change in use autside 0.1' the 10 year periad stated shall be abligated to. pay the entire Fee. IV. Fee Collection A. Payment of Traffic Impact Fees for Non-Residential Development The Trame Impact Fee far nan-residential develapment will be due and payable at the issuance 0.1' a building pennit and will be callected by the Building & Safety Divisian. The number 0.1' estimated average weekday vehicle trips, detennined as described in Sectio.n III.c, abavc, multiplied by the nan-residential fee per trip, will be the basis far the co.llected Fee. The square t\.)atage or ather apprapriate measure as identitied an the building permit \\'ill be the basis t\')1" detennining the number 0.1' trips an "Exhibit C" 0.1' Resalutian 111-04. Fallawing is an exaniple: Non-Residential Fee Example: Assume that the develapment pnz;ect is a 15,540 square fo.at standard cammercial affice building. The estimated weekday vehicle uip generatian rate t\')1" this type 0.1' develapment is 20 u'ips per 1.000 square feet, and the Fee is $360 per u'ip t\')1" nan-residential develapment FEE CALCULATION: 15,540 square feet/l,OOO square feet = 15.54 x 20 u'ips = 310.8 hips x $360 per u'ip = $111,888 Traffic Impact Fee. Amendments to. a nan-residential building permit which result in 500 additianal square feet or more shall result in additianal fees awed based an the added area. B. Payment of Traffic Impact Fees for Residential Development If the City incorparates the facilities described in Resalutian 111-04 into. its annually adapted lang-tenn Capital Impravement Plan (ClP), then the Traffic Impact Fees fo.r residential develo.pment will be due and payable at the issuance af a building permit Prior to. the incorparatian 0.1' these facilities into. the CIP, the Fee will nat be due until the dwelling is issued a certificate o.f o.ccupancy. The develaper may vo.hmtarily pay the full fee when the building permit is issued 0.1' as atherwise appropriate under applicable law. C. Payment of Fees in Excess of $50,000 When the amaunt af payment far Tratnc Impact Fees exceeds $50,000 an any given day, payment shall be made in o.ne 0.1' the t\.)llo.wing ways 1) paid by check drawn an a bank withm the State 0.1' Califamia, 2) paid by cashier's check, 0.1' 3) if paid in same day funds Eastem Dublin TratIic Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 5 of 13 by a wIre transfer, the wire transfer must be pre-31Tanged with the Citv's Finance Division D. Payment of Fees in Conjunction with Development Agreements . The Tratlic Impact Fees can be collected at an earlier point of time than what is noted in this section if agreed to by a "developer within the terms '01' a Development Agreement E. P~\yment Records The Administrative Services Department will record the payment of the TratIic Impact Fees. Records will be maintained to comply with rehmding requirements as prescribed by State Law. The Administrative Services Department will obtain a mailing address from each payee, as well as the applicable Assessor's Parcel Number, and will note the payee as the entity or person whose name appears as the applicant tl1I the building permit The Finance Division will maintain the records for a period of ten years from their collection, unless a legal mandate exists for a longer retention. V. Allotment of Developer Fee Credits The City understands the practicality of having developers constmct and/or contribute some of the TIF facilities described in Resolution 111-04 and any subsequent replacement resolution. For tillS reason, tile City will.allot tee credits against the collection of Fees for constructing or contributing TIF facilities. A. Fee Credit I Reimbursement Agreement Required The allotment of tee credits and/or provision tl1I a reimbursement will only occur in accordance WitII a \\Titten credit/reimbursement agreement between tile City and the developer responsible for ilie construction of tile TIF facilities or dedication of TIP right of way. 1. All tee credits will be granted by use of a standard agreement approved by tile City Attornev. - . 2. TIllS credit/reimbursement agreement will be entered into at ilie time the improi,:ements are secured aneVor tile right-of-way is accepted for dedication. The tenus of tillS agreement may, at tile City's discretion, be included in the agreement entered into with the City to secure celtain public improvements as contained on a Final Parcel Map or Final Subdivision Map. 3. The developer will pay an adlninistrative tee, due on tile etlective date of tile credit/reimbursement agreement, to be established in tile City's Master Fee Schedule. The purpose of tillS administrative tee is to cover the admiriistrative costs associated WitII esta blislIing and monitoring the creditlreimbursement agreement 4. Any credits, which are unused ten years tl)llowing tIleir creation, shall convelt to a .right to reimbursement The right to reimbursement terminates tifteen years after it is created. Altematively, credit holders may elect by providing written notice to tile City Manager to extend tile telm of tile credit tl1I an additional five years. Notices of tile election to extend the tenumust be received no sooner than one year prior to Eastem Dublin Traftk Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 6 of 13 and no later than six months pnor to the conversion of the credits to a right to reimbursement If the credit holder elects to extend the term of the credit for tive years, then any credits remaining at the end of the tive-year extension shall convert to a right of reimbursement The light to reimbursement telmina tes ten vears after it is created. All lights to reimbursement shall telminate twenty-tive years after the etlective date of the agreement creating such rights. 5. Neither a credit nor the right to reimbursement shall be increased for lllt1ation or accme interest 6. Credits are transferable, with the written approval of the City Manager, provided the credit is transferred to a person/finn having a legal interest in real property within the area subject to the Fee and provided that the administrative transfer fee is paid, as specitied in Section IXA. of these guidelines. 7. The developer will sign a certiticate attached to the fee credit/reimbursement agreement attesting that it obtained a copy of these administrative guidelll1es and thev were read and understood. 8. No fee credits shall be established for "Section II Residential BART Garage .component of the Eastem Dublin Traffic Impact Fee. Payments from those monies shall be made in accordance with a separate section of these guidelines. B. Applicability of Administrative Guidelines to Pre-Existing Credits Allotted to the Alamedn County Surplus Property Authority These guidelines do not apply to existing fee credits to which the Alameda County Surplus Property Authority is entitleclllllclei' the terms of the Agreement between the City of Dublin, tile City of Pleasanton, the County of Alameda and the Smplus Property Authority regarding coordination of certain Freeway Improvements dated March 12, 1991. These gmdelines do apply to existing fee crcdits to which the Alamcda County Surplus Property Authority is entItled under development agreements entered into between January 1, 1995 and tile effective date of these guidelines, to the extent provided for in a specitic fee credit/reimbursement agreement to be entered into behveen the City and the Alameda County Surplus Propelty authority. VI. Calculating the Fee Credits For calculation purposes, the fee credits will be segregated into the following categories: Section I Eastem Dublin Tramc Improvements Section II (Excludes Section II Resid"nti31 B3rt G3rag"): Citywide Tramc Improvements Section III Regional Transportation Eastem Dublin Trat1lc Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 7 of 13 (Note: Section III Fee suspended etfective September 12, 1998, as long as Tri-Vallev Transportation Development Fee remains in place) A. General The fee credit/reimbursement agreement will idcntit~. thc total credit by category for TIP facilities constructed or right of way dedicated for a particular development project The contributed land or improvements must be the tacilities described in Resolution 111-04 and/or any subsequent replacement resolution. There must be a minimum value of $50,000 in inlprovements and/or right of way dedicated before credits will be allotted to a developer. B. Determination of Value The Public Works Director will detennine the \~alue of the contributed tacilities based upon improvement plans submitted by the developer and approved by the City, which plans shall quantify the size of the TIP tacilities to be constructed or dedicated. It is recognized that in some cases the scope of construction or dedication will not exactly match segments shO\m in the TIP RepOli. The credits will be the lesser of the following: a) the estimated cost of the improvements as noted in Resolution 111-04 and/or any subsequent replacement resolution: oi' b) the pro-rated value of the improvement using the standard cost measurements in Resolution 111-04 and/or any subsequent replacement resolution. The fee credits cannot exceed the cost estimates of the improvements in the most recent fee study and resolution. In no case shall the fee credits include tacility financing costs. Illustrative Example J: Assume that a developer dedicates land t<.1r the partial widening of a major street to offset the Traffic Impact Fees due from a development project To quality for a credit, this roadway widening prl~iect must be included in the TIP. The land dedication to be applied for a fee credit shall not include improvements inunediately adjacent to the development project, as these improvements are entirely the responsibility of the developer and are not to be funded by the Trat1lc Impact Fee. Resolution 111-04 used a standard cost measurement of $7 per square foot t<.)t' right-of-way dedication in calculating the Traffic Impact Fees. The fee credits due to the developer can be calculated by detennining the square footage of the land to be dedicated multiplied by this per square foot cost measurement . Illustrative Example 2: A developer constructing single tinnily homes contributes traffic signal improvements (Category I improvement) valued at $200,000. Assmne that the Traffic Impact Fee totals $6,950 per home, which is comprised of the Category I portion 01'$4,700 and the Category 2 pOltion 01'$2,250. The credit of $200,000 can only be used against the developer's Category 1 Fee of $4,700 per home, which will cover approximately 42.55 homes. When the building permit is issued tor the 431t! home, the developer will have used up the credit and will have to begin paying the Category I Fee. The Category 2 pOltion of the Fee must be paid at the issuance of each building pennit tCl!" all homes included in the Eastem Dublin Tratlic Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 8 of 13 development, as the CategOlY I credit cannot be used to offset these pOltions of the Fee. VII. Use of Fee Credits A Credits expire when used or ten years from the date of the credit/reimbursement agreement (unless extended an additional tive years at the request of the credit holder), whichever occurs tlrst. B. In the event the fee credits are unused following ten years liorn the date of the credit/reunbursement agreement (or fifteen years if extended at the request of the credit holder), the fee credit shall conveJt to a reimbursement right as provided tl)r under Section X and XI of these guidelines. - C. The value of the credits in each category will be listed in the agreement and trackcd by fee category as they are used by the developer. The City's Finance Division will keep record of the unused credits and provide this infol1nation to the Buildmg Safety Division at the tune fee credits are used. D. Credits earned by constructing or dedicating a certain category of improvements can only be used to offset fees for that categOlY. The balance of the Tramc Impact Fee, which is to be used tl1r other categories of improvcments, will be paid by the developer as specified in Section IV of these guidelines. Fee credits will not be mixed between the fee categories For example, unused credits from Category 1 pOltion of the Tratllc Impact Fees cannot be used to offset amounts due tl)r Category 2 and Category 3. E. Only the developer who builds or dedicates the TIF facilities will be entitled to tlle original or initial credits, until such time as tlley mav be transferred in accordance with tllese guidelines. VIII. Use of Fee Credits requires Completion of Facility or Perform.mce Bonds Fee credits cannot be used by tlle developer until the developer has eitller Dedicated the land or improvements representing the credits to the City: or 2. Provided tlle City Witll a pertl)l1nanCe bond and labor and materials bonds or otller adequate security to insure tllat the unprovements will be constructed prior to the first Certiticate of Occupancy for any building that is a part of tlle project. The pertlmnance bond or otller security shall be in an amount equal to 100% of the engineer's estimated cost to construct the improvements and tlle lalx1r and materials bond shall be in an amount equal to 50% of tlle engineer's estunate. The bonds shall be written by a surety licensed to conduct business in the State of California and approved by the City's City Manager. Eastem Dublin Tramc Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 9 of 13 Illustrative Example: Assume a developer is in the midst of cOlupleting certain street improvements, which will be dedicated to the Ci ty to otlset a portion of the Traffic Impact Fee. The developer supplies the City with a right-of-way conveyance, a pert()lmanCe bond and a labor and materials bond t\.1r the completion of the street improvements Fee credits can be used in advance of completing the improvements, since the City is assured that the land will be dedicated and the improvements will be completed. IX. Tnmsferring of Credits A. The original holder of credits can request a transfer of credits to a person owning an interest in property that is subject to the same category. of TraHic Impact Fee. Such transactions shall be subject to an administrative transter tee, which shall cover the City's administrative costs associated with the credit transter. The administrative transter fee shall be established in the City's Master Fee Schedule. B. There is no limit on the number of times that credits can be transterred between developments. X. Reimbursement Rights (Sections I & IT - Excluding Section II Residential BART Garage) Reimbursement rights are created from the conversion oftee credits, which occurs ten years after the initial date of the credit/reimbursement agreement creating the fee credit (unless the credits have been extended an additional tive years at the request of the credit holder). Reimbursement rights are subject to the following specific guidelines: A. The reimbursement rights shall expire nventy.. fi ve years after t.he initial da te of the credit/ reimbursement agreement creating the tee credit. B Reimbursement will be only from funds collected as Eastem Dublin Tratllc Impact Fees or from tees collected by Conlra Cosla County and paid to Dublin t\.1r any improvements also included in the Eastern Dublin Tramc Impact Fee, and will not come from the City's General Fund. C. The City will detennine the amount of funds available t\.)f reimbursement in each of the categories on an annual basis D The procedure tor prioritizing reimbursements is described in Section XI of these guidelines. XI. Process for Reimbursement of Reimbursement Rights A. Determina tion of FUIlds A vaila ble tl.)f Reimbursement Within 0180 days of the end of each tlscal year, the Administrative Services Department will make an accounting of all Tramc Impact Fees collected t\.1r the tlscal year that just ended. The Administrative Services Dep31tment will also determine the amount of Tramc Impact Fee funds that are unspent and unencumbered as of the close of the fiscal year. For funds that are unspent and unencumbered in each fee category, the City will allocate the necessary amOlmt to be used to finance needed TIP facilities tl.)f the upcoming t~scal year ancVor to repay amounts due on outstanding loans t\.)f previously Eastem Dublin Tratlic Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 10 ofl3 constructed TIF facilities. The remaining funds (the reimbursement set-aside) will be used to reimburse holders of reimbursement 'rights for facilities already contributed, if any such reimbursement rights exist. B. Allocating the Reimbursement Set-Aside to Outstanding Reimbursement Rights In the event that the City designates that a reimbursement set-aside is available, tifty percent will be used to pa y the oldest reimbursement right outstanding. If the oldest right IS paid otT before tilis portion of funds is entirely consumed, tilen the balance of tile 50% will go toward tile next oldest right. This portion of reimbursement set-aside funds will be allocated according to this 'metilod until it is exhausted The otiler half of the reimbursement set aside will be allocated to all reimbursement rights on a pro-rata basis according to tileir amounts outstanding, including the remaining unreimbursed portion of tile oldest agreement. Unused reimbursement set-aside hmds will not be canied over to anotiler tlscal year The following example illustrates tilis allocation Illustrative Example: During one fiscal year, the City collects $88,000 in Fees for a celtain category of improvements. The total outstanding reimbursements owed are $100,000 to the following developers: Developer A (tile oldest agreement) Developer B: Developer C: $50,000 $20,000 $30,000 For tile upcoming tiscal year, the City retains $44,000 for improvements not built by developers and allocates $44,000 as the reimbursement set-aside to reduce CUlTent reimbursement obligations. $22,000 (50% of tile $44,0(0) of the reimbursement set-aside is used to pay Developer A, who holds the oldest agreement. Developer A now has $28,000 of outstanding reimbursements (Beginning balance of $50,000 less the $22,000 payment) The other half of the reimbursement set-aside ($22,clOO) is allocated proportionally to all tirree parties who cUITentiy hold reimbmsement rights as follows: Current Y.due of Rei'mbursement Owed $28,000 $20,000 $30,000 $78,000 Percent of Total Reimbursements Outs.and ing 35.90% 25.64% 38.46% AmI. of$22,000 Reimbursement Distributed $7,898.00 $5,640.80 $8,461.20 $22,000.00 Reimbursement Balance Remainim! $20,102.00 $14,359.20 $21.53880 $56,000.00 Holde.. of Reimbursement Developer A ' Developer B Developer C TOTAL XII. Pa~'ment to Alameda Coun~' Surplus Proper~' Authority (ACSPA) For $6 million of BART Garage Costs (Section II Residential BART Garage) Payment of Section II Rcsidcntial BART Garage Fees can occur upon completion of phase I of the parking garage and surface parking inunediately adjacent to tile new garage at the eastern . Dublin / Pleasanton Bi\RT Station, consisting of approximately 1,706 parking spaces, and tile availability of the BART Garage for public use. Payment shall be made to the Alameda County Surplus Propelty AUtilority (ACSPA), wllich IS responsible for the parking garage construction and will dedicate the improvement to the Bay Area Rapid Transit (BART) District for public use upon its completion Except for interest eamed on Section II Residential BART Garage fees prior to distribution, tile maximum amount to be paid to ACSPA shall not exceed $6,000,000 (six Eastem Dublin Traftic Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page II 01'13 million dollars) Payment to Alameda County Surplus Property Authority is subJect to the following specitic guidelines: A The maximum to be disbursed fr.om fees collected, as described in XII subsecti6n B, shall be six million dollars ($6,000,000) and tlus amount shall not be increased t~)f any reason including inflation. In addition, any accrued interest pending disbursement shall be disbursed to ACSP A B. Disbursement will be only from tile Eastem Dublin Traftic Inlpact Fees Section II Residential BART Garage fee, and will not come from any otller source including tile City's General Fund. C. Once tile BART Garage is completed, tile amount disbursed will depend on the payment . of fees by development subject to the fee There is no guarantee that ACSPA will receive a total 01'$6,000,000. D. The City will detemune and report on an annual basis to ACSP A, tile amount of funds collected from tile Section II Residential BART Garage fee and tile amount available t~)f disbursement, including interest accrued prior to disbursement, if any. E. The procedure for distributing the disbursements to ACSP A is described in Section XIII of tllese guidelines. XIII. A Process for Payment to ACSP A -Section II Residential BART Garage Fee Funds Initial Distribution of Section II Residential BART Garage Fee Funds Once the BART Garage has been accepted by BART and made available t~)f public use, tile ACSP A shall provide to the City a written celiification of tile completion of the BART Garage. . 1. 11. Witllin 45 days of receipt of tile certification described in Section XIII(A)(i) City shall calculate the balance of funds available in Section II Residential BART Garage fee, as of the tirst clay of the month preceding tile date of tile notice. City shall also calculate and account t~)f accrued interest based on tile quarterly balance of Section II BART Garage Fees and tile earning rate applied to pooled funds managed by the City. City shall remit to ACSP A tile funds as calculated along witll a report showing tile maximum remaining fees tilat may be paid to ACSPA Thereafter, nmds shall be distributed on an annual basis as described in subsection B below. lll. B. Annual Determination of Section II Residential BART Gar~ge Fee Funds Available for Payment 1. Witlun 180 days of tile end of each fiscal year, tile Administrative Services Depariment will make an accmmting of all Section II Residential BART Garage fees collected, and not previously disbursed, for tile tiscal year that just ended. Tllis shall include accrued interest 11. The City shall distribute to ACSPA, Section II Residential BART Garage fees available, to tile extent that tile total distribution including previous payments, Eastem Dublin Traftk Impact Fee Administrative Guidelines Reso 20-07 (2/20/2007) Page 12 of 13 excluding any amounts paid as interest, does not exceed the maximlUn amount described in Section XII. 111 The Administrative Services Depaltment shall annually report to the ACSPA the current balance remaining Section II Rcsidential BART Garagc fees that may be paid XIV. A. Other Miscellaneous Administrative Guidelines Procedures for Construction of Designated Facilities by Developers The improvements to be constructed or dedicated must be .submitted f()!" approval in \\Titing to the Public Works Director no later than thirty calendar days prior to the approval of the Final Map on the development project. The submittal of the improvement plans and/or description of area to be dedicated shall be in sufticlent detail as detennined by the. Public Works Director. The Pubic Works Director will attempt to respond to the request within twenty business days. The developer constructing or dedicating improvements in lieu of paying a pOltion of the tratlic fee must post a perfonnance bond before the issuance of any grading and/or building pennits fl.)r the construction of the improvements. B. Refunds Refunds of withdrawn applications will be done in accordance with existing procedures fl.1r paid building permits . Payable to entity making payment or propelty O\\TIer of record. . Payable in accordance with State Law. ' . Not applicable to letters of credit surety bonds or other instnunents taken to secme payment. c. Annual Review of Fee Collection The City has existing procedures fl.1r complying with State Law in regards to accounting fl.1r developer fees. The Administrative Services Department will maintain records to provide the following items: . A brief description of the Trat1ic Impact Fee: . An identification of the inlprovements and the percentage of cost of the improvements which the Tratlic Impact Fee will be expended upon: and . For improvements which are funded and yet to be completed, an identification of an expected da te by which construction of the facilities will commence. Funds and Accounting The City \vill incorporate the following items into its accounting procedures, which are the responSibility of the Administrative Services Department D. . The City will maintain separate funds fCl!- the collection and expenditure of TralTic Impact Fees as fl.)llows: Section I Eastern Dublin Tratlic Improvements Section II: City-Wide Trat1ic Improvements Section II Residential BART Garage . The Citv will allocate interest to fees collected in the funds based upon cash balances at the end of each quarter. Eastem Dublin TratIic Impact Fee Administrative Guidelines Reso 20..07 (2/20/2007) Page 13 of 13 . The City will identify in accordance with State Law the beginning and ending balance of the flmds held for the TratIic Impact Fee as of fiscal year end. . The City will identity the amount of fees collected and interest eamed in each fiscal year for Traffic Impact Fees. . The City will provide a description and accounting of any interflmd transfers made by the Traffic Impact Fee Funds. Although it may be authorized by State Law, it shall not be City policy to loan TIP monies for another public pmpose. . The Citv will calculate reimbursements annually within 180 davs of each fiscal vear end. . The City will tIle an annual accounting of all development impact fees, including the TraftIc Impact Fee, with the City Council and for public inspection within 180 days of each fiscal year end.