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12-14-2010 CC Rpt A08 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY Meeting Date: December 14. 2010 ' �'E{ �! D Z��i)Q�� '6 �M Id 5�s Discussion Item:Public Hearing: 0❑ Consent Item: ",I t:}Cc. C;i l CLERK C1-11NO HtLls December 7, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: PUBLIC DISCLOSURE STATEMENTS FOR DEVELOPMENT FEES RECOMMENDATION: 1. Review and accept Public Disclosure Statements for the Park and Recreation Facilities Fee, Parkland (Quimby in Lieu) Fee, Existing Infrastructure Facilities Fee, General City Facilities Fee, Traffic Facilities Fee, Storm Drain Facilities Fee, Water Facilities Fee and Sewer Facilities Fee. 2. Approve the findings that the City needs to retain the funds collected prior to July 1, 2005, for the construction of current and future projects for the Parkland (Quimby in Lieu) fee ($175,082), Traffic Facilities Fee ($765,600), Storm Drain Facilities Fee ($999,339), Water Facilities Fee ($4,567,803), and Sewer Facilities Fee ($1,545,773). BACKGROUND/ANALYSIS: In accordance with Government Code Section 66006(b), the City is required to make available on an annual basis, the collection, expenditure, and balance of the development fees account. The disclosure of the information to the public needs to be made within 180 days after the end of the fiscal year, and the City Council needs to review the disclosure statements not less than 15 days after the disclosure is made. The disclosures have been on file for public viewing in the City Clerk and the Finance Departments as of November 16, 2010. The disclosure statements are attached to this report as Exhibits A through I. In addition, Government Code Section 66001(d) requires the City Council to make findings if any portion of a development fee remains unexpended or uncommitted five or more years after initial deposit of the fee. In the event such a finding occurs, the City needs to demonstrate a reasonable relationship between how the fee is to be used and the purpose for which it was charged. For the fiscal year ended June 30, 2010, findings are required in the Parkland (Quimby in Lieu) Fee, Traffic Facilities Fee, Storm Drain Facilities Fee, Water Facilities Fee, and Sewer Facilities Fee Funds for the following portion: fir AGENDA DATE: DECEMBER 14, 2010 SUBJECT: PUBLIC DISCLOSURE STATEMENTS FOR DEVELOPMENT FEES PAGE TWO Portion held for Fund Balance as of more than Development Fee Category 06/30/10 five years Parkland (Quimby in Lieu) Fee $ 1,151,461 $ 175,082 Traffic Facilities Fee 1,003,965 765,600 Storm Drain Facilities Fee 6,015,240 999,339 Water Facilities Fee 11,463,534 4,567,803 Sewer Facilities Fee 5,101,125 1,545,773 The development fees are providing funding for seven capital projects currently under construction or are anticipated to be under construction in the 2010-11 fiscal year. Exhibit I provides a listing of the capital projects, total project cost and detail of the funding sources. The Storm Drain Facilities Fee is providing funding for two capital projects in the amount of $2,734,200. The Water Facilities Fee is providing funding for various recycled waterline/system capital projects in the amount of $6,973,600. The Sewer Facilities Fee is providing funding for one capital project in the amount of $210,000, as well as accumulating funds for various projects identified in the Sewer Master Plan. In addition, funds in the Parkland (Quimby in Lieu) Fee and Traffic Facilities Fee are being accumulated towards future eligible projects. REVIEW BY OTHERS: This agenda item has been reviewed by the City Attorney and the City Engineer. FISCAL IMPACT: There is no financial impact if the findings for the Parkland (Quimby in Lieu) fee, Traffic Facilities Fee, Storm Drain Facilities Fee, Water Facilities Fee and Sewer Facilities Fee programs are approved by the City Council. The City will be able to retain the deposits for future capital projects use. If the findings are not approved, the City will be required to refund the fees held for more than five years as described in Government Code Section 66001(e). Respectfully submitted, Recommended by: 144 afirttl Michael S. Ffd6g�f, City Manager Jud`ji I,Z'. Lidicaster, Finance Director MSF:JRL:mh:ddk/ ((�/ Attachments: Disclosure Statements Exhibits A-I EXHIBIT A CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT PARK&RECREATION FACILITIES FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2010 Beginning fund balance $ (1,984,049.73) Income: Park&recreation facilities fee $ 69,635.60 Impact Fee credit 602.40 (b) Apportioned interest 17,435.06 87,673.06 Total Resources Available (1,896,376.67) Expenditures: Debt service payments 34,038.15 (a) Impact Fee offset 602.40 (b) Administrative overhead 19,900.00 Total Expenditures 54,540.55 Ending fund balance June 30, 2010 $ _ (1,950,917.22) Notes: Interfund Loans Liability: New Community Park $ 2,685,750.00 (a) This amount represents interest expenditures paid on the interfund loan. Interest charges are based on the City's composite interest rate earned on investments. (b) Developer John Roumbus paid impact fees to the San Bernardino County in 1990 but did not develop the property. In 2010, he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bernardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT B CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT QUIMBY IN-LIEU FEES FOR THE FISCAL YEAR ENDED JUNE 30, 2010 Beginning fund balance $ 1,120,541.26 Income: Quimby in-lieu fees collected $ 18.074.00 Apportioned interes13'84529 32,919.29 Total Available 1,153,460.55 Expenditures: Administrative overhead 2.00080 Total Expenditures 2.000.00 Ending fund balance June 30, 2010 $ 1.151.460.55 EXHIBIT C CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT EXISTING INFRASTRUCTURE FEE FOR THE FISCAL YEAR ENDED JUNE 30,2010 Beginning fund balance $ 723,898.32 Income: Existing infrastructure fee $ 101,900.71 Assessment District lien payoff 3,766.30 Assessment District credits 141,364.15 Developer Agreement credits 107,574.56 Impact Fee Credit 7,327.84 (b) Reimbursement from General Fund 1,295,350.00 AD95 bond payoff 3,766.30 Apportioned interest 78,926.44 Other Revenue 61,917.97 1,801,894,27 Total Available 2,525,792.59 Expenditures: Developer Agreement credits 223,382.56 (a) Assessment District credits 145,130.45 (a) Impact Fee offset 7,327.84 (b) Bond call payments 135,499.36 Administrative overhead 154,000.00 Total Expenditures 665,340.21 Ending fund balance June 30,2010 $ 1,860,452.38_ Notes: Outstanding Interfund Obligation based on agreement 99-176(Richland/Pinehurst),00-48(Rhodes)and 00.49 (Griffen): General Facilities Fee $ 761,482,00 Traffic Facilities Fee 140,597.00 Storm Drain Facilities Fee 681,655,00 Water Facilities Fee 3,560,977.00 Sewer Facilities Fee 292,529.62 Interfund Obligation outstanding at June 30,2010 $ 5,437,240.62 (a) Amounts represent developer agreement credits and assessment district credits taken by the developers at the time when permits were pulled.As a result,outstanding development related obligations were reduced by the credits taken. (b) Developer John Roumbus paid impact fees to the San Bernardino County in 1990 but did not develop the property. In 2010,he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bernardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT D CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT GENERAL CITY FACILITIES FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2010 Beginning fund balance $ 1,081,699,61 Income: General city facilities fee $ 50,443.15 Impact Fee Credit 1,495.85 (a) Apportioned interest 9,079,22 61,018.22 Total Available 1,142,717.83 Expenditures: Impact Fee offset 1,495.85 (a) Administrative overhead 12,900,00 Total Expenditures 14,395.85 Ending fund balance June 30, 2010 $ 1,128,321.98 Notes: The ending balance at June 30,2010 includes a General City Facilities Fee long term receivable of$761,482 from Existing Infrastructure Fees Fund, in accordance with developer agreement 99-176 (Richland/Pinehurst), 00-48 (Rhodes) and 00-49(Griffen). (a) Developer John Roumbus paid impact fees to the San Bernardino County in 1990 but did not develop the property. In 2010, he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bernardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT E CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT TRAFFIC FACILITIES FEE FOR THE FISCAL YEAR ENDED JUNE 30,2010 Beginning fund balance $ 989,681.36 Income: Traffic facilities fee $ 6,224.53 Impact Fee Credit 184.47 (a) Apportioned interest 14,059.42 20,468.42 Total Available 1,010,149.78 Expenditures: Impact Fee Offset 184.47 (a) Administrative overhead 6,000.00 Total Expenditures 6,184.47 Ending fund balance June 30,2010 $ 1,003,965.31 Notes: The ending balance at June 30,2010 includes a Traffic Facilities Fee long term receivable of$140,597 from Existing Infrastructure Fees Fund in accordance with developer agreements 99-176 (Richland/Pinehurst), 00-48(Rhodes)and 00-49(Griffen) (a) Developer John Roumbus paid impact fees to the San Bernardino County in 1990 but did not develop the property. In 2010, he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bernardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT F CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT STORM DRAIN FACILITIES FEE FOR THE FISCAL YEAR ENDED JUNE 30,2010 Beginning fund balance $ 5,932,868.39 Income: Storm drain facilities fee $ 34,304.38 Impact Fee Credit 1,017.62 (a) Apportioned interest 77,388.73 Other revenues 54,652.84 167,363.57 Total Available 6,100,231.96 Expenditures: Impact Fee offset 1,017.62 (a) Administrative Overhead 14,800.00 Professional Services 8,398.40 Capital improvement projects Los Serranos Mitigation 60,775.68 Total Expenditures 84,991.70 Ending fund balance June 30,2010 $ 6,015,240.26 Notes: Interfund loan Receivable: Kline/Maloof Land Acquisition $ 2,367,175.98 The ending balance at June 30,2010 includes a total Storm Drain Facilities Fee long term receivables of $712,576.66 from the Economic Incentive Program, in accordance with agreements 08-65(Crossroads Marketplace)and 00-63(The Great Indoors), Obligations Receivable, and the Existing Infrastructure Fee Fund, in accordance with developer agreements 99-182(Lennar/Rolling Ridge),99-176(Richland/Pinehurst), 00-48(Rhodes)and 00-49(Griffen). (a) Developer John Roumbus paid impact fees to the San Bernardino County in 1990 but did not develop the property. In 2010, he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bernardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT G CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT WATER FACILITIES FEE FOR THE FISCAL YEAR ENDED JUNE 30,2010 Beginning fund balance $ 11,495,109.88 Income: Water facilities fee $ 265,457.00 Impact Fee Credit 2,335.00 (b) Apportioned interest 173,539.08 Other revenue 13,730.04 455,061.12 Total Available 11,950,171.00 Expenditures: Debt service payments 33,488.76 (a) Impact Fee offset 2,335.00 (b) Administrative overhead 58,300.00 Professional services 6,904.87 Development Impact Fee 110,696.00 Capital Improvement projects Additional pump at Soquel Canyon Pump Station 49,703.84 High zone recycling water system 81,611.25 Intermediate zone recycled water reservoir 16,899.42 Pipeline Ave recycled waterline 55,792.94 Supervisory control and data acquisition system(SCADA) 70,904.77 Total Expenditures 486,636.85 Ending fund balance June 30,2010 $ 11,463,534.15 Notes: Interfund Loans Liability: Monte Vista Interconnect $ 1,399,900 Pellisier well modifications and Los Serranos Golf Course conversion 327,200 Monte Vista Water Distribution Capacity 915,300 Interfund loan amount outstanding at June 30,2010 $ 2,642,400 Principal Loan Payments in FY 09-10 Monte Vista Interconnect $ 175,000 Pellisier well modifications and Los Serranos Golf Course conversion 40,900 Monte Vista Water Distribution Capacity 114,400 $ 330,300 The ending balance at June 30,2010 includes a total Water Facilities Fee long term receivables of$3,624,507.58 from the Economic Incentive Program,in accordance with agreements 08-65(Crossroads Marketplace)and 00-63(The Great Indoors), Obligations Receivable,and the Existing Infrastructure Fee Fund,in accordance with developer agreements 99-176 (Richland/Pinehurst),00-48(Rhodes)and 00-49(Griffen). (a) This amount represents interest expenditures paid on the interfund loans. Interest charge are based on the City's composite interest rate eamed on investments. (b) Developer John Roumbus paid impact fees to the San Bemardino County in 1990 but did not develop the property. In 2010,he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bemardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT H CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT SEWER FACILITIES FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2010 Beginning fund balance $ 5,036,608.34 Income: Sewer facilities fee $ 30,328.81 Impact Fee Credit 184.00 (a) Apportioned interest 69,653.97 100,166.78 Total Available 5,136,775.12 Expenditures: Administrative overhead 2,100.00 Impact Fee offset 184.00 (a) Development Impact Fee 33,366.10 Total Expenditures 35,650.10 Ending fund balance June 30, 2010 $ 5,101,125.02 Notes: Interfund Loan Receivable: Kline/Maloof Land Acquisition $ 2,367,175.98 The ending balance at June 30, 2010 includes a total Sewer Facilities Fee long term receivables of $295,159.22 from the Economic Incentive Program, in accordance with agreements 08-65(Crossroads Marketplace) and 00-63(The Great Indoors), Obligations Receivable, and the Existing Infrastructure Fee Fund, in accordance with developer agreements 99-176 (Richland/Pinehurst), 00-48 (Rhodes)and 00-49 (Griffen). (a) Developer John Roumbus paid impact fees to the San Bernardino County in 1990 but did not develop the property. In 2010, he developed the property under the City's current impact fee plan. He was given credit for the fees paid to San Bernardino County in 1990 as an offset credit against the City's 2010 impact fee. EXHIBIT I CITY OF CHINO HILLS PUBLIC DISCLOSURE STATEMENT DETAIL OF CURRENT AND FUTURE CAPITAL PROJECTS FOR THE FISCAL YEAR ENDED JUNE 30,2010 PROJECTED DATE TO DATE OF FUNDING DESCRIPTION TOTAL COST COMMENCE COMPLETION SOURCE PERCENT AMOUNT STORM DRAIN FACILITIES FEE English Channel Improvement 5,449,000 FY 02/03 FY 10/11 Storm Drain Facilities Fee 42% 2,300,000 Grant 51% 2,764,800 Community Facilities District No.2 7% 384,200 Los Serranos Channel Mitigation Project 1,031,200 FY 00/01 FY 10/11 Storm Drain Facilities Fee 42% 434,200 General Fund 12% 122,400 Community Facilities District No.5 46% 474,600 Total Storm Drain Facilities Fee 2,734,200 WATER FACILITIES FEE High Zone Recycled Water System 3,197,000 FY 05/06 FY 10111 Water Facilities Fee 97% 3,107,900 Developer Contribution 3% 89,100 Intermediate Zone Recycled Water Reservoir 2,588,400 FY 06/07 FY 10/11 Water Facilities Fee 100% 2,588,400 Peyton Dnve/Eucalyptus Avenue Project 23,906,500 FY 97/98 FY 10/11 Water Facilities Fee 1% 300,000 General Fund 11% 2,725,500 Measure I 5% 1,102,000 Traffic Facilities Fee 17% 4,044,100 Storm Drain Facilities Fee 0% 80,300 Prop 18 Fund 5% 1,265,400 Grant 47% 11,214,300 Water Fund 1% 150,000 Community Facilities District No.2 13% 3,024,900 Supervisory Control&Data Acquisition System 1,042,300 FY 99/00 FY 10/11 Water Facilities Fee 80% 832,300 Sewer Facilities Fee 20% 210,000 Additional Pump @ Soquel Canyon Pump Station 145,000 FY 09/10 FY 10/11 Water Facilities Fee 100% 145,000 Total Water Facilities Fee 6,973,600 SEWER FACILITIES FEE Supervisory Control&Data Acquisition System 1,042,300 FY 99/00 FY 10/11 Sewer Facilities Fee 20% 210,000 Water Facilities Fee 80% 832,300 Total Sewer Facilities Fee 210,000 8.\Developer Fee Programs\Deveiopment Fees\Disclosures\IOEIFd,sclosurerevised 11/10/2010