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HomeMy WebLinkAboutAgenda Report - October 19, 2016 G-01 PHAGENDAITEM (3 1 &J& CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Conduct Public Hearing to Consider Adopting a Resolution Eliminating the Reduced Residential Impact Fee Structure for Low- and Medium -Density Zoning Designations MEETING DATE: October 19, 2016 PREPARED BY: Public Works Director RECOMMENDED ACTION: Conduct public hearing to consider adopting a resolution eliminating the Reduced Residential Impact Fee Structure for low- and medium - density zoning designations. BACKGROUND INFORMATION; The Impact Mitigation Fee program was adopted by the Lodi City Council on August 15, 2012. At that time, residential development activity in Lodi was essentially non-existent. At the request of the building community, and in response to the housing downturn created by the Great Recession, Council approved a reduced residential impact fee schedule to financially incentivize the development of new residential housing units in all density categories. The reduced fee schedule applies to only residential land uses and represents a discount of approximately 60 percent. Beginning in 2014, the residential development activity in Lodi started to gain substantial momentum. Currently, there are four active residential developments totaling over 700 single-family lots, along with various, smaller infill developments that have been approved. Additionally, there are three multi -family projects consisting of nearly 400 units currently making their way through the approval process. The majority of these approved units will remain subject to the current reduced rate structure through independent development agreements that extend through December 2019. It is projected that slightly over 600 residential units could be occupied by the end of 2019. While this projection is quite optimistic based on Lodi's historic growth rate, it is possible due to the amount of approved low- and medium -density residential units available for construction. Because most of these units are subject to the reduced fees through development agreements, it could be argued that over the next three years, the City's investment to incentivize development could reach an estimated $5 million in one-time reduced impact fees. However, it must be acknowledged this incentivized residential growth will be financially beneficial to City residents and businesses because those 600 units could also generate an estimated $600,000 annually in property tax and other revenues that will contribute to the long term financial health and stability of the community. On July 26, 2016, Staff provided a Council shirtsleeve presentation including an overview of the current impact fee structure, the current residential development climate, and a comparison of impact fees in Lodi with surrounding cities. The focus of the presentation was eliminating the reduced residential impact fee structure. Feedback at this meeting suggests the City Council and the Building Industry Association of the APPROVED: A Stephen Schwa bauer,ity Manager KAWPOEV_SEMImpact Fees\Public Hearing Sept 7 2 1 H�Elim_Reduced_Fees.doc 10/3/16 Conduct Public Hearing to Consider Adopting a Resolution Eliminating the Reduced Residential Impact Fee Structure for Low- and Medium -Density Zoning Designations October 19, 2016 Page 2 Greater Valley generally agree that the reduced fees have done the job to spur residential growth in the City of Lodi and it is now appropriate to eliminate the reduced fee structure. To maintain the incentive to construct high-density and infill projects, staff recommends retaining the reduced fee structure for high- density zoning designations and infill projects of all densities that consist of less than 10 lots. All reduced impact fees would expire on December 31, 2019. On August 17, 2016, Council set a public hearing for September 7, 2016 to consider eliminating the reduced residential impact fee structure. The public hearing process was re-initiated to account for the neighborhood park fee being mistakenly excluded from the fee schedules (Exhibits A & B) attached to the August 17, 2016 Council action. Both exhibits have been revised to include the neighborhood park fee, and the public hearing scheduled for September 7, 2016 was continued until October 19, 2016. The summary of the regular fees is provided in Exhibit A. A summary of the reduced fees is provided in Exhibit B. The action requested is to conduct the public hearing to consider adopting a resolution eliminating the reduced residential impact fee structure for low- and medium -density zoning designations effective December 19, 2016. FISCAL IMPACT: Building projections suggest the reduced impact fees, along with the improved economy have resulted in substantial building activity that will generate approximately $1,000 per unit annually in property taxes and other revenues. Continued underfunding of the City's Development Impact Fee Program is not recommended. FUNDING AVAILABLE: Not applicable. Charles E. Swimley Jr. Public Works Director CES/CES/tdb Attachments K:\WP\DEV_SERV\Impact Fees\Public Hearing Sept 7 2016\PH_Elim_Reduced_Fees.doc 10/3/16 Exhibit A Impact Mitigation Fee Program Schedule of Fees Table A-1: Water and Wastewater Fees Meter Size Water Wastewater 5/8 -inch meter $2,079 $2,831 3/4 -inch meter $3,103 $4,225 1 -inch meter $5,181 $7,056 1 1/2 -inch meter $10,332 $14,070 2 -inch meter $16,537 $22,521 3 -inch meter $31,026 $42,253 4 -inch meter $51,721 $70,435 6 -inch meter $103,411 $140,828 8 -inch meter $165,464 $225,333 10 -inch meter $237,880 $323,951 Table A-2: Transportation, Police, Fire, General City Facilities, Park and Art in Public Places Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial Fee Component (per Unit) (per Unit) (per Unit) (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Transportation $711 $386 $386 $1,199 $872 $443 Police $753 $634 $528 $330 $528 $176 Fire $385 $324 $270 $338 $540 $180 Park (Citywide) $3,890 $3,276 $2,730 $406 $650 $217 Park (Neighboorhood) $2,541 $2,140 $1,783 $266 $428 N/A General City Facilities $617 $519 $433 $270 $433 $144 Art in Public Places $80 $67 $56 $35 $56 $19 Table A-3: Residential Electric Utility Fees Table A-4: Non -Residential Electric Utility Fees 240 Volts Single Phase Panel 480 Volts 60 amps $248 100 amps $413 125 amps $516 200 amps $826 400 amps $1,652 600 amps $2,478 Table A-4: Non -Residential Electric Utility Fees 208 Volts 240 Volts 480 Volts Single Phase Panel 60 amps n/a $248 n/a 100 amps n/a $413 n/a 125 amps n/a $516 n/a 200 amps n/a $826 n/a 400 amps n/a $1,652 n/a 600 amps n/a $2,478 n/a Three Phase Panel 200 amps $1,178 $1,359 $2,718 400 amps $2,356 $2,718 $5,437 600 amps $3,534 $4,077 $8,155 800 amps $4,712 $5,437 $10,873 1000 amps $5,890 n/a $13,591 1200 amps $7,068 n/a $16,310 1600 amps $9,423 n/a $21,746 2000 amps $11,779 n/a $27,183 2500 amps $14,724 n/a $33,979 3000 amps $17,669 n/a $40,774 Table A-5: Storm Drainage Fees RESIDENTIAL LAND USES Low Medium High Density Density Density Fee Component (per Unit) (per Unit) (per Unit) Storm Drainage - Zone 1 $1,394 $697 $561 Drainage - Zone 2 $4,237 $2,118 $1,703 NON-RESIDENTIAL LAND USES Office/ Retail Medical Industrial (per Acre) (per Acre) (per Acre) $14,640 $14,640 $15,686 $44,485 $44,485 $47,663 Table A-6: South Wastewater Trunk Line Fees RESIDENTIAL LAND USES Low Medium High Density Density Density Fee Component (per Unit) (per Unit) (per Unit) South Wastewater Trunk Line $1,181 $994 $829 NON-RESIDENTIAL LAND USES Office/ Retail Medical Industrial (per 1,000 sf) (per 1,000 sfl (per 1,000 s f) $1,096 n/a n/a 1 Applies only to development that will benefit from construction of the wastewater trunk line serving the southern area of the City. Exhibit B Impact Mitigation Fee Program Schedule of Reduced Fees Table B-1: Water and Wastewater Fees Meter Size Residential Water Wastewater Non -Residential Water Wastewater 5/8 -inch meter $846 $1,152 $2,079 $2,831 3/4 -inch meter $1,263 $1,720 $3,103 $4,225 1 -inch meter $2,109 $2,873 $5,181 $7,056 1 1/2 -inch meter $4,206 $5,728 $10,332 $14,070 2 -inch meter $6,732 $9,168 $16,537 $22,521 3 -inch meter $12,631 $17,201 $31,026 $42,253 4 -inch meter $21,056 $28,674 $51,721 $70,435 6 -inch meter $42,099 $57,331 $103,411 $140,828 8 -inch meter $67,360 $91,733 $165,464 $225,333 10 -inch meter $96,841 $131,880 $237,880 $323,951 Table B-2: Transportation, Police, Fire, General City Facilities, Park and Art in Public Places Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial Fee Component (per Unit) (per Unit) (per Unit) (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Transportation $289 $157 $157 $1,199 $872 $443 Police $307 $258 $215 $330 $528 $176 Fire $157 $132 $110 $338 $540 $180 Park (Citywide) $1,584 $1,334 $1,111 $406 $650 $217 Park (Neighborhood) $1,016 $856 $713 $266 $428 N/A General City Facilities $251 $211 $176 $270 $433 $144 Art in Public Places $33 $27 $23 $35 $56 $19 Table B-3: Residential Electric Utility Fees Table B-4: Non -Residential Electric Utility Fees 240 Volts Single Phase Panel 480 Volts 60 amps $101 100 amps $168 125 amps $210 200 amps $336 400 amps $673 600 amps $1,009 Table B-4: Non -Residential Electric Utility Fees 208 Volts 240 Volts 480 Volts Single Phase Panel 60 amps n/a $248 n/a 100 amps n/a $413 n/a 125 amps n/a $516 n/a 200 amps n/a $826 n/a 400 amps n/a $1,652 n/a 600 amps n/a $2,478 n/a Three Phase Panel 200 amps $1,178 $1,359 $2,718 400 amps $2,356 $2,718 $5,437 600 amps $3,534 $4,077 $8,155 800 amps $4,712 $5,437 $10,873 1000 amps $5,890 n/a $13,591 1200 amps $7,068 n/a $16,310 1600 amps $9,423 n/a $21,746 2000 amps $11,779 n/a $27,183 2500 amps $14,724 n/a $33,979 3000 amps $17,669 n/a $40,774 Drainage - Zone 1 Drainage - Zone 2 Table B-5: Storm Drainage Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial (per Unit) (per Unit) (per Unit) (per Acre) (per Acre) (per Acre) $567 $284 $228 $14,640 $14,640 $15,686 $1,556 $778 $627 1 $40,834 $40,834 $43,871 Table B-6: South Wastewater Trunk Line Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial Fee Component (per Unit) (per Unit) (per Unit) (per 1,000 sf) (per 1,000 sf) (per 1,000 sf) South Wastewater Trunk Line $481 $405 $337 $446 n/a n/a 1 Applies only to development that will benefit from construction of the wastewater trunk line serving the southern area of the City. RESOLUTION NO. 2016-188 A RESOLUTION OF THE LODI CITY COUNCIL ELIMINATING THE REDUCED RESIDENTIAL IMPACT FEE STRUCTURE FOR LOW- AND MEDIUM -DENSITY ZONING DESIGNATIONS AND IN -FILL PROJECTS OF MORE THAN TEN (10) LOTS WHEREAS, Resolution No. 2012-142 approved Impact Mitigation Fee Program Schedule of Reduced Fees; and WHEREAS, the reduced fee schedule applies to only residential land uses and represents a discount of approximately 60 percent; and WHEREAS, staff recommends elimination of the reduced residential impact fee structure for low- and medium -density zoning designations and in -fill projects of more than ten (10) lots effective December 19, 2016. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby eliminate the reduced residential impact fee structure for low- and medium -density zoning designations and in -fill projects of more than ten (10) lots, as outlined on Exhibit A, attached hereto and made a part of this Resolution, with an effective date of December 19, 2016. Dated: October 19, 2016 I hereby certify that Resolution No. 2016-188 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFE FERRAIOLO ity Clerk 2016-188 Exhibit A Impact Mitigation Fee Program Schedule of Fees Table A-1: Water and Wastewater Fees Meter Size Water Wastewater 5/8 -inch meter $2,079 $2,831 3/4 -inch meter $3,103 $4,225 1 -inch meter $5,181 $7,056 1 1/2 -inch meter $10,332 $14,070 2 -inch meter $16,537 $22,521 3 -inch meter $31,026 $42,253 4 -inch meter $51,721 $70,435 6 -inch meter $103,411 $140,828 8 -inch meter $165,464 $225,333 10 -inch meter $237,880 $323,951 Table A-2: Transportation, Police, Fire, General City Facilities, Park and Art in Public Places Fees IFee Component Park (Citywide) Park (Neighboorhood) General City Facilities Art in Public Places RESIDENTIAL LAND USES I NON-RESIDENTIAL LAND USES Low Density (per Unit) Medium Density (per Unit) High Density (per Unit) Retail (per 1,000 SF) Office/ Medical (per 1,000 SF) Industrial (per 1,000 SF) $711 $386 $386 $1,199 $872 $443 $753 $634 $528 $330 $528 $176 $385 $324 $270 $338 $540 $180 $3,890 $3,276 $2,730 $406 $650 $217 $2,541 $2,140 $1,783 $266 $428 N/A $617 $519 $433 $270 $433 $144 $80 $67 $56 $35 $56 $19 Table A-3: Residential Electric Utility Fees Table A-4: Non -Residential Electric Utility Fees 240 Volts single Phase Panel 480 Volts 60 amps $248 100 amps $413 125 amps $516 200 amps $826 400 amps $1,652 600 amps $2,478 Table A-4: Non -Residential Electric Utility Fees 208 Volts 240 Volts 480 Volts Single Pha Pagel 60 amps n/a $248 n/a 100 amps n/a $413 n/a 125 amps n/a $516 n/a 200 amps n/a $826 n/a 400 amps n/a $1,652 n/a 600 amps n/a $2,478 n/a Three Phase Panel 200 amps $1,178 $1,359 $2,718 400 amps $2,356 $2,718 $5,437 600 amps $3,534 $4,077 $8,155 800 amps $4,712 $5,437 $10,873 1000 amps $5,890 n/a $13,591 1200 amps $7,068 n/a $16,310 1600 amps $9,423 n/a $21,746 2000 amps $11,779 n/a $27,183 2500 amps $14,724 n/a $33,979 3000 amps $17,669 n/a $40,774 Table A-5: Storm Drainage Fees RESIDENTIAL LAND USES Low Medium High Density Density Density )m onent (per Unit) (per Unit) (per Unit) Drainage - Zone 1 $1,394 $697 $561 Storm Drainage - Zone 2 $4,237 $2,118 $1,703 NON-RESIDENTIAL LAND USES Office/ Retail Medical Industrial (per Acre) (per Acre) (per Acre) $14,640 $14,640 $15,686 $44,485 $44,485 $47,663 Table A-6: South Wastewater Trunk Line Fees RESIDENTIAL LAND USES NON-RESIDENTIAL LAND USES Low Medium High Office/ Density Density Density Retail Medical Industrial om onent (per Unit) (per Unit) (per Unit) (per 1,000 sf) (per 1,000 sf) (per 1,000 sf) Wastewater Trunk Liner $1,181 $994 $829 $1,096 n/a n/a I Applies only to development that will benefit from construction of the wastewater trunk line serving the southern area of the City. The City of Lodi Public Works Engineering t phi Public Hearing to Consider Eliminating Reduced Residential Impact Fee Structure October 19, 2016 Presentation Outline • Brief overview • Reduced vs. regular fees • Comparison with other cities • Potential impacts on development • July 26, 2016 Shirtsleeve feedback • Recommendation Brief Overview Active residential development projects • Rose Gate • Reynolds Ranch Phases 1-3 • Villa Fiore • The Vine • Harvest Crossing • Reynolds Ranch Multi -Family • Eden Housing Future projects • Rose Gate 2 232 Lots 220 Lots 200 Lots 57 Lots 42 Lots 298 Units 80 Units 250 Lots Reduced vs. Regular Fees • Low -Density Residential • Reduced Fee $ 5,940 per unit • Regular Fee $ 14,590 per unit • Medium -Density Residential • Reduced Fee • Regular Fee $ 5,438 per unit $ 13,360 per unit • High -Density Residential • Reduced Fee $ 3,958 per unit • Regular Fee $ 9,726 per unit Impacts on Development • Villa Fiore, Rose Gate, Reynolds Ranch (LDR), The Vine: • Minimal impacts — protected by development agreements (3 years) — or most fees already paid • Rose Gate 2, Reynolds Ranch (HDR) and infill projects : • Either pre -pay reduced fees during adoption period • Requires Council approval • Or, pay regular fees upon certificate of occupancy Shirtsleeve Feedback • Maintain reduced fees for high-density zoning • Maintain reduced fees for infill (less than 10 lots) • Eliminate reduced fees for low- and medium -densities • Proceed with process tem �ij"19 1111;1Hf ...rLl7��� f Recommendation • Adopt resolution eliminating the reduced residential impact fee structure for low- and medium -density zoning designations. Questions ? —Since 1944 — VIC MYERS INC SHEET METAL PRODUCTS POST OFFICE BOX 235 LODI, CALIFORNIA 95241 City Clerk City Hall 221 West Pine Street, 2nd floor Lodi CA 95240 To Whom It May Concern, - RECEIVED rq r 320 S SACRAMENTO STREET LODI, CALIFORVIffM; i4 TELEPHONE (209) 334-5700 FAX (209) 334-4690 License #537172 I am writing in regard to: a). Adopting a resolution approving the Planning Commission's recommendation to authorize 28 Medium -Density Residential Growth Management Allocations for the Camper - Sacramento Street Subdivisions. I am already on record as a property and business owner on that block of Sacramento Street. I have stated previously that this project should not be approved without measures being taken to slow traffic on that block. I'm in favor of speed bumps or a similar method to slow the constant speeding traffic. It is my hope that your primary concern will be the safety of the current residents (and workers) in the area, as well as future residents. I am against this project without assurance that safety measures will be part of the proposed plan. Sincerely, VhnsD.Munro 640 I Jennifer Ferraiolo From: Jennifer Ferraiolo Sent: Wednesday, October 19, 2016 11:16 AM To: Mike Lusk Cc: City Council; Steve Schwabauer; Janice Magdich; Charles Swimley Subject: RE: Blue sheet Agenda Item G-01 IMF Oct 19 2016 meeting Thank you for your email. It was received by the City Council and forwarded to the City Manager's office and Public Works Department for information, response, and/or handling. In addition, your correspondence will be provided to Council as a Blue Sheet item for tonight's meeting. Jennifer M. Ferraiolo, CMC City Clerk P.O. Box 3006 Lodi, CA 95241-1910 (209) 333-6702 (209) 333-6807 FAX From: Mike Lusk [mailto:mclusk@softcom.net] Sent: Wednesday, October 19, 2016 11:04 AM To: Jennifer Ferraiolo; JoAnne Mounce - External Subject: Fwd: Blue sheet Agenda Item G-01 IMF Oct 19 2016 meeting Forwarded Message Subject:Blue sheet Agenda Item G-01 IMF Oct 19 2016 meeting Date:Wed, 19 Oct 2016 10:47:00 -0700 From:Mike Lusk <mcluskCaisoftcom.net> To:cltvclerk@lodi.goy, Jmounce@lodicitycouncil.co_m Lodi City Council October 19, 2016 Blue Sheet on Agenda Item G-01 Council Meeting of Oct. 19, 2016 CITY OF LODI IMPACT MITIGATION FEE PROGRAM UPDATE AUGUST 2012 14. IMPLEMENTATION AND ADMINISTRATION IMPLEMENTATION According to the California Government Code, prior to levying a new fee or increasing an existing fee, an agency must hold at least one open and public meeting. At least ten days prior to this meeting, the agency must make data on infrastructure costs and funding sources available to the public. Notice of the time and place of the meeting and a general explanation of the matter are to be published in accordance with Section 6462a of the Government Code, which states that publication of notice shall occur for ten days in a newspaper regularly published once a week or more. The City may then adopt the new fees at the second reading. The new or increased fees shall be effective no earlier than 60 days following the final action on the adoption or increase of the fees. FEE ADJUSTMENTS The fees may be adjusted in future years to reflect revised facility standards, receipt of funding from alternative sources (i.e., state or federal grants), revised facilities or costs, or changes in demographics or the land use plan. In addition to such adjustments, the Pees will be inflated each year by the Engineering News.Reco:rd 24 -city average construction cost index. The fee categories summarized in this FMFP report may not be applicable to specialized development projects in the City. For example, development of a cemetery, golf course, or stadium would not fall under any of the fee categories in this study. For specialized development projects, the City will review the impacts and decide on an applicable ad hoc fee. FEE PROGRAM ADMINISTRATIVE REQUIREMENTS The Government Code requires the City to report every year and every fifth year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year: 1. A brief description of the type of fee in the account or fund 2. The amount of the fee 3. The beginning and ending balance in the account or fund 4. The amount of the fee collected and the interest earned 5. An identification of each public improvement for which fees were expended and the amount of expenditures 6. An identification of an approximate date by which time construction on the improvement will commence if it is determined that sufficient funds exist to complete the project page 1 7. A description of each interfund transfer or loan made from the account and when it will be repaid 8. Identification of any refunds made once it is determined that sufficient monies have been collected to fund all fee related projects Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program Page 173. 4. WATER BACKGROUND Part of Section: In 2003, the City entered into a forty -year agreement with the Woodbridge Irrigation District (WID) to purchase 6,000 AF of water per year from the Mokelumne River. In 2008, the agreement was amended to forty-four years and included banking of 42,000 acre feet of water purchased during project development. In 2011, the City began construction of an 8 million gallon per day (mgd) water treatment plant with an estimated total cost of about $40 million. In the fall of 2010, the City issued $38.7 million in water revenue bonds to help fund the construction of the new surface water treatment facilities necessary to treat and distribute water purchased from the WID. The proposed water system fee is intended to reflect the cost of water treatment capacity, including financing costs, and as well as costs to integrate the surface water supply into the distribution system. Additional supply facilities include a new 1.5 MG water storage tank and an additional groundwater well to help manage peak demands throughout the distribution system. For water fee calculation purposes, all customers (existing and new) will receive a blended water supply of both groundwater and surface water. The water fee calculation reflects the costs associated with this blended water supply. Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program Page 120 NEXUS REQUIREMENTS The water fee component meets the Mitigation Fee Act nexus requirements as described in Table 4-9. Table 4-9: Water Fee Nexus Requirements (Part Of Section) New residential and non-residential development will generate additional residents and employees in the City of Lodi who will increase the demand for water. The water fees collected from new development will equal the cost of the portion of the facilities attributable to new development. Residential and non-residential development will be page 2 responsible for their fair -share portion of the total cost based on the estimated water use of the individual land uses. Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Impact Fee Mitigation Program Page 126 5. WASTEWATER WASTEWATER TREATMENT PLANT BACKGROUND (Part of Section) The proposed wastewater treatment impact mitigation fee is intended to reflect the cost of wastewater treatment capacity, including financing costs, resulting from the expansions from 5.8 mgd to 6.3 mgd and then to 8.5 mgd. This allows the analysis to incorporate a broader range of treatment improvements and to average the costs from each phase of expansion. In addition, debt issued in 1991 to help finance the earlier expansion were refunded and rolled into new debt issued in 2007, resulting in a commingling of debt costs across multiple debt issues and phases of plant expansion. Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program Page 127 BACKGROUND (Part of Section) The proposed wastewater fee is intended to cover the future development's share of debt service payments. Analysis of debt financing indicates that 45.3 percent of remaining debt service obligations is associated with improvements that benefit new development. Wastewater conveyance costs will be discussed later in this section. Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program Page 128 FEE METHODOLOGY (Part of Section First Paragraph) The purpose of the wastewater fee is to ensure that new development pays a proportionate share of the cost of constructing wastewater treatment and ancillary facilities needed to accommodate new wastewater demands within the City. The revenue generated from the wastewater fee will be used to assist the City in making debt service payments related to the 2003, 2004, and 2007 COPs. Debt proceeds are being used to finance the construction of wastewater treatment facilities. Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program Page 128 Page 3 NEXUS REQUIREMENTS The Wastewater Treatment Plant fee component meets the Mitigation Fee Act nexus requirements, as described in Table 5-3. Table 5-3: Wastewater Treatment Plant Nexus Requirement (Part of Section) New residential and non-residential development will generate additional residents and employees in the City of Lodi who will increase the demand for wastewater. The wastewater fees collected from new development will equal the cost of the portion of the facilities attributable to new development. Residential and non-residential development will be responsible for their fairshare portion of the total cost based on the estimated wastewater use of the individual land uses. Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program Page 131 and 32 14. IMPLEMENTATION AND ADMINISTRATION FEE ADJUSTMENTS The fees may be adjusted in future years to reflect revised facility standards, receipt of funding from alternative sources (i.e., state or federal grants), revised facilities or costs, or changes in demographics or the land use plan. In addition to such adjustments, the fees will be inflated each year by the Engineering News Record 20 -city average construction cost index. FEE PROGRAM ADMINISTRATIVE REQUIREMENTS The Government Code requires the City to report every year and every fifth year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year: 1. A brief description of the type of fee in the account or fund 2. The amount of the fee 3. The beginning and ending balance in the account or fund 4. The amount of the fee collected and the interest earned 5. An identification of each public improvement for which fees were expended and the amount of expenditures 6. An identification of an approximate date by which time construction on the improvement will commence if it is determined that sufficient funds exist to complete the project 7. A description of each interf ind transfer or loan made from the account and when it will be repaid page 4 8. Identification of any refunds made once it is determined that sufficient monies have been collected to fund all fee related projects Source: City of Lodi Impact Mitigation Fee Program Update August 2012 Lodi Impact Fee Mitigation Program page 73 At previous Council Meetings I presented handouts that showed the estimated impacts of these reduced IMF and how the Citizens of Lodi are subsidizing the income of builders building these developments through these reduced fees. It was presented with the information available at the time, based upon 1337 units to be built that the City loss with the lower fee schedule is $8,650.00/unit times total unit count of 1337 equals $11,565,050.00 of initial impact mitigation fees. Dividing the property tax per unit per year it would take 10.8 years for the City to break even on the loss of these reduced fees. I realize there are some variables that affect the dollar amount in my presentation but the argument presented here is still valid. Having received information that The Vine and Eden House paid full IMF fees the balance of units to be built is still about 1200 units with a loss in reduced fees at about $9,255,774.00 still takes over 10 years to break even. Lodi's regular IMF schedule is the lowest in the surrounding area. This fee is already not only a benefit to the Developers Profit Margins it still allows Lodi housing to be competitive without the Citizens of Lodi subsidizing the Developer through reduced Impact Mitigation Fees. I am in favor of at least returning to the regular fee schedule and in light of the fact they are the lowest in the area the Council should adjust for annual ENR increases since 2012 and consider raising them higher. Especially since Lodi is a highly desired area known for its clean and safe environment the market would support these higher fees. Looking at the Impact Mitigation Fee Program Annual Reports for the years 2013 through 2016 I see $3,422,074.67 loaned from the Water IMF fund to the Fire IMF fund for Fire Station number 4. What I don't see is item 7 ( Source: City of Lodi Impact Mitigation Fee Program Update August 2012) Page 5 "7. A description of each interfund transfer or loan made from the account and when it will be repaid." There is not any mention of how or when these monies will be paid back to the Water IMF Fund. Also loans from Storm Drain IMF Fund to General Facilities IMF Fund 2013 through 2015 totaling $110,000.00. No Item 7 mentioned here as well. Finally 2014 through 2015 Wastewater IMF Fund paid out $300,000.00. Assume this was paid on COP'S debt? The question here is when will these monies be returned to their respective funds? Question, will the Water IMF be increased due to the SGMA costs added to the Water Enterprise billing? Question, will the Electrical IMF be increased due to the requirements of renewable energy sources, i.e. the two Astoria Solar purchases? Since all of the IMF funds are receiving reduced funds there is a short fall that has to be made up somewhere. Capital improvements are added to each of the Cities enterprise budgets and the General Fund. These annual budgets are reviewed each year and annual rate increases are established on these budgets. The Citizens have to make up the short fall in the IMF by paying higher rates while the Developers profits are subsidized by reduced IMF fees. Most of the Citizen rate payers do not realize the Capital improvements made as a result of development growth and not covered by IMF hinds are then added into their monthly utility bills and are solely paid by them. Not the Developer and not by the General Fund. Quoted from Agenda Item G-01 Oct. 19, 2016 " However, it must be acknowledged this incentivized residential growth will be financially beneficial to City residents and businesses because those 600 units could also generate an estimated $600,000 annually in property tax and other revenues that will contribute to the long term financial health and stability of the community." I disagree with the Cities position on the benefit of this annual property tax income. The City will not see a positive benefit for about 10 years of this tax offsetting the reduced income to the City as a result of the Reduced IMF fee. Then and only then can you say the City is benefiting from these developments. That is, if the infrastructure holds up and these neighborhoods do not require repair which will cost additional tax dollars. The point here is the Citizens of Lodi do not object to paying their share of the responsibility of running the Cities business. But they should not have to pay to play by giving up resources or revenue. 6 Thank You, Mike Lusk, Lodi. Page 6 Or ; �Fo� Please immediately confirm receipt of this 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTION SUBJECT: CONTINUED PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION ELIMINATING REDUCED RESIDENTIAL IMPACT FEE STRUCTURE FOR LOW- AND MEDIUM -DENSITY ZONING DESIGNATIONS PUBLISH DATE: SATURDAY, SEPTEMBER 10, 2016 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 8, 2016 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK -Ql,w PAMELA M. FARRIS DEPUTY CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at dianer@lodinews.com at LNS _ _ . Phoned to confirm receipt of all pages at _ forms\advins.doc on (pages) DECLARATION OF POSTING NOTICE OF CONTINUED PUBLIC HEARING TO CONSIDER RESOLUTION ELIMINATING REDUCED RESIDENTIAL IMPACT FEE STRUCTURE FOR LOW- AND MEDIUM -DENSITY ZONING DESIGNATIONS On Thursday, September 8,. 2016, in the City of Lodi, .San Joaquin County, Califomia, a copy of a Notice of Continued Public Hearing to consider resolution eliminating reduced Residential Impact Fee Structure for Low- and. Medium -Density Zoning designations (attached hereto, marked Exhibit "A") was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on September 8, 2016, at Lodi, California. 4'. , �0, PAMELA FARRIS DEPUTY CITY CLERK ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK ELIZABETH BURGOS ADMINISTRATIVE CLERK N:\Administration\CLERK\Public Hearings\AFFADAVITS\DECPOSTI.DOC CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF CONTINUED PUBLIC HEARING Date: October 19, 2016 Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Ferraiolo City Clerk Telephone: (209) 333-6702 NOTICE OF CONTINUED PUBLIC HEARING EEXH;BIT A 11 NOTICE IS HEREBY GIVEN that on Wednesday, October 19, 2016, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a continued public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Resolution eliminating reduced Residential Impact Fee Structure for Low - and Medium -Density Zoning designations. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk, City Hall, 221 West Pine Street, 2"d Floor, Lodi, 95240, at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: nifer M. F raio o qty Clerk Dated: September 7, 2016 Ap ved as to form: f rice D agdich City orney 91rM