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Agenda Report - July 18, 2018 Public Comment
from a conscientious point of view in a positive way; Matt Blansett, recently evicted and living in his vehicle -- expressed concern about Lodi's negative response to the homeless, including the recent flyers; stated he assists homeless individuals by driving them to various locations and getting them in touch with free services and programs; and questioned what the City is doing to help the homeless; Joseph Donally, formerly homeless -- stated that, through the kindness of others, he received a hand up to get sober and get a job and questioned what the City is doing to raise revenue to organize additional rehabilitation centers other than the Salvation Army; Trish Wohl, homeless -- suggested the homeless be given an opportunity to show what they can do to help themselves and that the old fire station be offered as a facility for the homeless to go when it is hot outside or they need food or money, adding that only someone who was or is homeless knows what is needed and would be the ideal individual to figure out how to address the problem; Cheryl Francis with Grace and Mercy Charitable Foundation -- expressed understanding over the frustrations people are feeling over the destructiveness of some of the homeless but reminded people they should not focus animosity on the individual and should not respond with hurtful flyers, adding that her organization raises money to help the homeless by cleaning houses and washing cars; Audie Andrews -- expressed the need for regular and consistent Police enforcement of laws implemented by the City, including unregistered vehicles, public urination, pet license violations, etc.; Annette DePaul, social worker at Adventist Health -- expressed frustration with the limited options Lodi provides the hospital, causing it to step up in ways it was not meant to by creating programs and solutions relating to housing and medical issues and pointed out that Lodi offers no public - assisted housing, a solution that should come from public leaders; Chuck Lesley -- expressed concern that Lodi residents are not respectful of bicyclists, stating he and many of his friends have been hit or almost hit and suggested the City set up unmarked squad cars to watch and cite individuals who do not respect bicyclists; Debbie Lehr -Lee -- stated she was conflicted over this issue and empathizes with both sides but shared that her properties in Lodi have been damaged and broken into multiple times since November, causing her to spend $30,000 in repairs and ultimately tearing down one of the buildings, adding that additional Police and Code Enforcement staff may help with the problem; Judy Scobee, homeless -- shared her story and stressed the need for additional assisted -living facilities in Lodi because there are only a few and the waiting list is years; Ryan McBride -- expressed concern over the homeless who are addicted to drugs, stating he does not want his children stepping on needles because the problem is prevalent near his home; and Peter Lombardi -- expressed concern over the number of crimes he witnesses beyond his own backyard, due to his location near a local care facility, and urged the need for greater enforcement and more officers in the Police Department. Comments on other issues: Mike Lusk summarized and submitted three claims against the City, filed on behalf of Lodi citizens and rate payers, for 1) reimbursement of funds added to the Lodi Electric Utility budgets and paid by rate payers and future costs that have been or will be added to the Lodi Electric Utility and General Fund budgets for Capital Improvements required by the current residential and commercial projects going on within the City; 2) failure to provide an updated Development Impact Mitigation report in a timely manner; and 3) immediate repayment of the amount of principal money borrowed from the Impact Mitigation Fee water fund with the inter -fund transfer to the Impact Mitigation fee fire fund to build Fire Station 4 on Lower Sacramento Road. Ron Birchard stated he e-mailed the City Council to request the City opt out of being a Sanctuary City; however, he has not received a response. He requested an update on the City's stand on SB54 and how it effects Lodi. Council Member Kuehne explained that the increase in the homeless population was created by California voter's support to release prisoners early and further summarized the many steps Council has taken to address the situation: elimination of feedings in the parks; cleaning downtown sidewalks; creation of long- and short-term homeless committees; adoption of the shopping cart ordinance; creation and funding of a homeless liaison officer; Salvation Army's Friday Faire; partnership with ABC Norcal for job training for the homeless; creation of a brochure listing service providers and programs to help the homeless; churches sponsoring a homeless family with rent; and his appointment to the Continuum of Care (CoC) for San Joaquin County. He finalized by saying the City's budget is tight, the sales tax measure would help to provide a larger Police force and greater enforcement, and that the City is investing a significant amount of time and energy in trying to resolve the problem. City Manager Schwabauer added that the Police Department created a Transient Outreach Team to address crimes and issues in pubic spaces, which operates two days a week in cooperation with the liaison officer. Mayor Pro Tempore Mounce agreed with Council Member Kuehne's summary of activities, adding that she routinely submits suggestions on ways to improve the situation. She reiterated that Propositions 47 and 57 increased the threshold for crimes resulting in individuals no longer being cited for illegal activities based on the dollar amount of the crime and that 1,200 criminals have been released into communities. She reported that the Governor authorized millions of dollars to be distributed to counties for the Housing First concept; stated she understands the public's frustration because she feels it too; and stressed that enforcement is key to making significant changes. Council Member Chandler agreed that enforcement is key, but the Police Department is beleaguered with high-pressure crimes and daily gun -point arrests that he worries about their safety. He added that the sales tax measure would go a long way to support the Department and its officers. Mayor Nakanishi stated he agrees that enforcement is necessary, but the City does not have the funding to adequately meet the needs. Unfortunately, only counties receive funding for affordable housing, not cities, but Lodi has assisted with other agencies to build, move, or improve facilities. Mayor Nakanishi summarized some of the City's activities to address the homelessness issue: creation of the homeless committee; participation in the CoC; and funding through the County for housing. He stated the City Manager is working to come up with City costs in dealing with the homelessness problem and further thanked Take Back Lodi, Lodi House, Grace and Mercy, and the many other facilities and programs working to help with this effort. Mr. Schwabauer responded to questions that were posed by the speakers: there is no Section 8 housing in Lodi, but the City has contributed to subsidized housing for homeless in Lodi for Salvation Army, Hope Harbor shelter, Lodi House, Eden Housing, and Hotel Lodi; created the committee on homelessness with the help of volunteers; worked with ABC Norcal to offer training to the homeless in trades such as carpentry and electrical; worked with CoC and the formula for the Housing First model; helped fund the County's homeless liaison officer; contributed to the conversion of the barracks at the Honor Farm for housing and job training through Community Development Block Grant funds; the City's homeless liaison officer placed 80 homeless individuals in programs or services or with family members; and created the new enforcement team to focus on neighborhood crimes. He further commented on the legislative and court restrictions preventing cities from enforcing loitering and panhandling laws as they are protected by the First Amendment, as well as the recent legislative changes that increased the threshold on 6 Rsbj 4 I\k.iL LtAcLr ,.3Y, LODI CITY MANAGER July 18, 2018 LODI CITY COUNCIL Claim on behalf of the Citizen Rate Payers of the City of Lodi for reimbursement of funds already added to the LEU budgets and paid by the rate payers and future costs that have been or will be added to the Lodi Electric Utility and General Fund budgets for Capital Improvements required by the current residential and commercial projects going on within the City of Lodi. The City and LEU has failed to protect the Citizen Rate Payers by not increasing and maintaining the Builder Impact Mitigation Fees to pay for their fair share of the upgrades to the LEU as a result of new development. Especially the cost of the new 240V PGE tie upgrade to the City and the upgrade of the high voltage supply lines across the City to the west side developments because of the higher demand by these developments. The City is adding the cost of this drop upgrade into the LEU budgets and justifying the cost and rate increases by saying the LEU will offset this cost with lower future transmission costs and also heading off PGE up charges because the LEU is exceeding its peak power draw demand. Thus resulting in higher transmission costs. These over peak power draws are a direct result of the new building that has been going on within the City. Also claiming for the Citizen Tax Payers within the City of Lodi, the costs that are added to the General Fund Budgets for Street and Park facility improvements and upgrades as a result of new development. This includes the widening and extension of west Century Blvd between Ham Lane and Lower Sacramento Rd and the re pavement of same. The new traffic control systems needed because of the added traffic volume because of the new development. Also claiming for the Citizen Tax Payers within the City of Lodi, the costs that are added to the General Fund Budgets for Streets. Capital improvements for Harney Lane between Hwy 99 and Lower Sacramento Rd for widening, re pavement and traffic control systems needed because of the added traffic volume as a result of the new development. Page 1 of 5 Also claiming, for the Citizen Tax Payers within the City of Lodi, the costs that are added to the General Fund Budgets for Parks. Capital improvements to finish De Bennedetti Park, located at Century Blvd and Lower Sacramento Rd. This park is a City wide use park not a neighborhood park and as such should be paid for with Builder Impact Mitigation Fee funds. Any Capital or Capital System Improvement costs necessitated by new development should not be paid for using only general revenue funds. The State of California Government Code, Sections 66000 through 66025 governs the Cities procedures for establishing and reporting development Impact Mitigation Fee. Refer to Section 66001 (g): State of California GOVERNMENT CODE Section 66001 66001. (a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, the local agency shall do all of the following: (1) Identify the purpose of the fee. (2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. (3) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (4) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (b) In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. Page 2 of 5 (c) Upon receipt of a fee subject to this section, the local agency shall deposit, invest, account for, and expend the fees pursuant to Section 66006. (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. (2) When findings are required by this subdivision, they shall be made in connection with the public information required by subdivision (b) of Section 66006. The findings required by this subdivision need only be made for moneys in possession of the local agency, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date. If the findings are not made as required by this subdivision, the local agency shall refund the moneys in the account or fund as provided in subdivision (e). (e) Except as provided in subdivision (f), when sufficient funds have been collected, as determined pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 66006, to complete financing on incomplete public improvements identified in paragraph (2) of subdivision (a), and the public improvements remain incomplete, the local agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvement will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon. By means consistent with the intent of this section, a local agency may refund the unexpended revenues by direct payment, by providing a temporary suspension of fees, or by any other reasonable means. The determination by the governing body of the local agency of the means by which those revenues are to be refunded is a legislative act. (0 If the administrative costs of refunding unexpended revenues pursuant to subdivision (e) exceed the amount to be refunded, the local agency, after a public hearing, notice of which has been published pursuant to Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are Page 3 of 5 collected subject to this chapter and which serves the project on which the fee was originally imposed. (g) A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan. (Amended by Stats. 2006, Ch. 194, Sec. 1. Effective January 1, 2007.) Also claim on behalf of the City of Lodi Rate Payers under The State of California Government Code, Sections 66000 through 66025 govern the Cities procedures for establishing and reporting development Impact Mitigation Fee. Refer to Section 66001 (g): and Prop. 218 and XIIID that IMF fund fees be increased in order to pay for both Water and Waste Water Enterprise System capital infrastructure upgrades, additions, drinking water resource and White Slough maintenance, facility upgrades and repairs to plant and new holding pond installation. 1. IMF funding of the new drinking water plant at Lodi Lake (66.7 percent of original plant cost and annual interest until paid off, new development responsibility). 2. IMF funding of any new equipment installed at the drinking water plant 3. IMF funding of the WID contract for river water supply 4. IMF funding for White Slough Waster Water Plant improvements that increases its ability to handle the additional water inflow from new development. 5. IMF funding for White Slough Waste Water Plants new 6 million dollar holding pond of which the City of Lodi in responsible for their share of 1.5 million dollars. Protect the rate payers from having to pay the developers fair share of costs in pass through utility rate increases. Page 4 of 5 Mike Lusk disclaimer: All the information contained in this Claim is meant to support the argument of the Claim and not in any way meant to miss -lead the intention of this Claim. The representation of sources and excerpts were taken from official documents in part or in whole but may not contain all of the information of the source document. Persons reviewing this Claim are urged to review all source documents in their entirety if further understanding is required. This Claim is directed at the City of Lodi and not to anyone individual or individuals within the City Government. Respectfully Mike Lusk 2518 Colony Dr. Lodi, Calif. Page 5 of 5 M Lusk r i LODI CITY MANAGER JULY 18, 2018 LODI CITY COUNCIL CLAIM FOR THE CITIZENS OF LODI THAT THE CITY HAS FAILED TO PROTECT GENERAL, ENTERPRISE AND DEVELOPMENT IMPACT MITIGATION FUNDING. CLAIMING THE CITY OF LODI, BY FAILING TO PRODUCE AN UPDATED DEVELOPMENT IMPACT MITIGATION REPORT IN A TIMELY MANNER WITHIN THE 5 YEAR UP DATE PERIOD AS PERSCRIBED BY STATE OF CALIFORNIA GOVERNMENT CODE SECTION 66001 WITH IN THE 180 DAYS FOLLOWING THE END OF THE PHYSICAL YEAR (WHICH ENDED JUNE 30, 2017) AND DUE BY THE END OF THE CALENDER YEAR ON DECEMBER 31, 2017. THE CITY HAS FAILED TO IDENTIFY, PRODUCE THE NECESSARY NEXUS FOR EACH FUND, CORRECTED THE FAIR SHARE AMOUNTS FROM THE DEVELOPERS AND DISTRIBUTE THESE FUNDS INTO THE DESCRIBED CITY BUDGETS, SAVING THE CITIZEN TAX AND RATE PAYERS, BUDGET DEFICIETS AND OR RATE INCREASES THAT SHOULD HAVE BEEN COLLECTED FROM NEW DEVELOPMENT INTO THE IMPACT MITIGATION FEE ACCOUNTS. THE LAST IMPACT MITIGATION FEE PROGRAM REPORT WAS PASSED ON AUGUST 15, 2012. SO THE NEXT REPORT WAS DUE BEFORE THE END OF YEAR 2017. PREVIOUS 5 YEAR REPORTS WERE 1992, 1997, 2002, 2007. SOURCE: STATE OF CALIFORNIA GOVENMENT CODE SECTION 66000 THROUGH 66025. (ALSO KNOW AS THE MITIGATION FEE ACT). THIS SOURCE CONTAINS SPECIFICALLY SECTIONS 66001, 66006 AND 66013 DESCRIBING HOW THE CITY IS TO DETERMINE FEES AND HOW THEY ARE REPORTED ANNUALLY AND ON THE 5 YEAR INTERVAL. I CHALLENGE THE MEMBERS OF THE LODI CITY COUNCIL TO REVIEW AND COMPARE THE INCLUDED YEARLY ANNUAL IMPACT MITIGATION FEE REPORTS AND THE INFORMATION CONTAINED THEREIN. CAN YOU UNDERSTAND THE YEARLY CHANGES INDICATED? Page 1 of 21 CAN YOU SEE ALL OF THE INFORMATION AS REQUIRED BY STATE OF CALIFORNIA GOVERNMENT CODES 66000 THROUGH 66025? I ALSO REQUEST THAT THE CITY OF LODI MAKE CHANGES AND ADDITIONS TO THE IMPACT MITIGATION FEE PROGRAM AS NOTED IN THE INCLUDED CLAIMS AND BLUE SHEETS BELOW. State of California GOVERNMENT CODE Section 66001 66001. (a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, the local agency shall do allof the following: (1) Identify the purpose of the fee. (2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. (3) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (4) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (b) In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (c) Upon receipt of a fee subject to this section, the local agency shall deposit, invest, account for, and expend the fees pursuant to Section 66006. (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. Page 2 of 21 (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. (2) When findings are required by this subdivision, they shall be made in connection with the public information required by subdivision (b) of Section 66006. The findings required by this subdivision need only be made for moneys in possession of the local agency, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date. If the findings are not made as required by this subdivision, the local agency shall refund the moneys in the account or fund as provided in subdivision (e). (e) Except as provided in subdivision (f), when sufficient funds have been collected, as determined pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 66006, to complete financing on incomplete public improvements identified in paragraph (2) of subdivision (a), and the public improvements remain in complete, the local agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvement will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon. By means consistent with the intent of this section, a local agency may refund the unexpended revenues by direct payment, by providing a temporary suspension of fees, or by any other reasonable means. The determination by the governing body of the local agency of the means by which those revenues are to be refunded is a legislative act. (f) If the administrative costs of refunding unexpended revenues pursuant to subdivision (e) exceed the amount to be refunded, the local agency, after a public hearing, notice of which has been published pursuant to Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and which serves the project on which the fee was originally imposed. (g) A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan. (Amended by Stats. 2006, Ch. 194, Sec. 1. Effective January 1, 2007.) Page 3 of 21 State of California GOVERNMENT CODE Section 66006 66006. (a) If a local agency requires the payment of a fee specified in subdivision(c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (b) (1) For each separate account or fund established pursuant to subdivision (a),the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each inter fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (I) of Section 66001. (2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than15 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, "fee" means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within Page 4 of 21 the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project. (d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of state wide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. (f) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance. (Amended by Stats. 1996, Ch. 569, Sec. 2. Effective January 1, 1997.) State of California GOVERNMENT CODE Section 66013 66013. (a) Notwithstanding any other provision of law, when a local agency imposes fees for water connections or sewer connections, or imposes capacity charges, those fees or charges shall not exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed, unless a question regarding the amount of the fee or charge imposed in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) As used in this section: (1) "Sewer connection" means the connection of a structure or project to a public sewer system. (2) "Water connection" means the connection of a structure or project to a public water system, as defined in subdivision (f) of Section 116275 of the Health and Safety Code. (3) "Capacity charge" means a charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. A "capacity charge" does not include a commodity charge. (4) "Local agency" means a local agency as defined in Section 66000. (5) "Fee" means a fee for the physical facilities necessary to make a water connection or sewer connection, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to a water distribution line or sewer main, and that does not exceed the estimated reasonable cost of labor and materials for installation of those facilities. (6) "Public facilities" means public facilities as defined in Section 66000. (c) A local agency receiving payment of a charge as specified in paragraph (3) of subdivision (b) shall deposit it in a separate capital facilities fund with other charges received, and account for the charges in a manner to avoid any commingling with other moneys of the local agency, except for investments, and shall expend those charges solely for the purposes for which the charges were collected. Any interest income earned from the investment of moneys in the capital facilities fund shall be deposited in that fund. Page 5 of 21 (d) For a fund established pursuant to subdivision (c), a local agency shall make available to the public, within 180 days after the last day of each fiscal year, the following information for that fiscal year: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following: (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended that was completed during that fiscal year. (C) Each public improvement that is anticipated to be undertaken in the following is cal year. (5) A description of each inter fund transfer or loan made from the capital facilities fund. The information provided, in the case of an inter fund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an inter fund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. (e) The information required pursuant to subdivision (d) may be included in the local agency's annual financial report. (f) The provisions of subdivisions (c) and (d) shall not apply to any of the following: (1) Moneys received to construct public facilities pursuant to a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Section 66003. (2) Charges that are used to pay existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. (3) Charges collected on or before December 31, 1998. (g) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion imposing a fee or capacity charge subject to this section shall be brought pursuant to Section 66022. (h) Fees and charges subject to this section are not subject to the provisions of Chapter 5 (commencing with Section 66000), but are subject to the provisions of Sections 66016, 66022, and 66023. (i) The provisions of subdivisions (c) and (d) shall only apply to capacity charges levied pursuant to this section. (Amended by Stats. 2007, Ch. 94, Sec. 1. Effective January 1, 2008.) Page 6 of 21 INCLUDED HERE MY BLUE SHEET OF OCTOBER 19, 2016 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 6062a 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 fees will be inflated each year by the Engineering News Record 20 -city average construction cost index. The fee categories summarized in this IMFP 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 7 of 21 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 Page 8 of 21 and non-residential development will be responsible for their fair -share portion of the total cost based on the estimated water use of the individual land uses. page 2 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 I 27 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 9 of 21 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 interfund transfer or loan made from the account and when it will be repaid Page 10 of 21 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. Page 11 of 21 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 Page 12 of 21 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 funds 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. Thank You, Mike Lusk, Lodi. Page 6 END OF MY BLUE SHEET OF OCTOBER 19, 2016 Page 13 of 21 INCLUDED HERE MY LETTER OF DECEMBER 21, 2016 Lodi City Council December 21, 2016 Lodi City Manager Re: Add new item to the Impact Mitigation Fee Schedule Since the City of Lodi never has enough money to go around and there seems to be an inevitable need for Capital infrastructure funding this prompts the following request. This is a formal request that the Lodi City Council holds formal hearings and considers passing a resolution creating an additional category to the Impact Mitigation Fee Schedule for future recycled water capital improvements. These improvements are to connect the White Slough Facility/Pumping system and pipe lines to connect White Slough with the recycled water piping installed in current and future developments for non -potable usage. The State of Calif. has put in place the Sustainable Ground Water Management act (SGMA) and newly published water use requirements. With the possible effects of climate change on the availability of potable water resources, such as salt water intrusion into our underground water source, the effects of lower snow pack run off limiting the amount of Mokelumne River - Woodbridge Irrigation (WID) water source, the expanding City population and the demand on these sources make recycled water more important. The City of Lodi has studied and evaluated infrastructure costs in the past, so this is not asking the City to reinvent the wheel, but to put in place the appropriate funding source under State and City code regulations. Page 14 of 21 I would hope the City Council will proceed with this request and implement this item to the IMF schedule. I respectfully thank you for your time. Mike Lusk, Lodi END OF MY LETTER OF DECEMBER 21, 2016 INCLUDED HERE MY CLAIM OF MAY 17, 2017 LODI CITY COUNCIL LODI CITY MANAGER CLAIM OF MAY 17, 2017 MAKE CHANGES TO THE IMPACT MITIGATION FEE PROGRAM (IMFP) THIS IS A CLAIM ON BEHALF OF THE CITIZEN RATE PAYERS OF THE LODI WASTEWATER, WATER UTILITY ENTERPRISES. Reference Agenda Item C-08 meeting of May 17, 2017 1. Add funding item titled Recycled Water Fund. This fund would support the new portion of the Water Utility Enterprise enabling the City to establish design, and installation of infrastructure to connect the City Limits of Lodi with the White Slough Wastewater recycling plant, with the purpose of suppling non -potable water sources to the new developments within the City of Lodi. These funds would be restricted for use within the Water Utility Enterprise for the sole purpose as described above and the operating budgets would be incorporated into the Water Utility Enterprise as a subset of the potable water enterprise. The City of Lodi has already studied the infrastructure and implementation cost of establishing the non -potable recycled water facilities back in 2001 water studies. Page 15 of 21 The City already has an estimate of non -potable water usage in the current water billing. The comparison between potable winter usage and summer outside water consumption provides a basis to establish future IMF costs to Developers. 2. Restrict the use of each fund for Wastewater, Water, Recycled Water and Storm Water to be solely used within the designated fund. NO inter fund loans! Money restricted to designated fund use only. Example: The City borrowed 1.9 million dollars plus from the Water IMF fund in 2002 for the construction of Fire House number 4 and 15 years later still has not paid this loan back to the Water IMF and shorting the Utility Rate Payers this funding. 3. Restrict the City of Lodi from reducing the amount of Impact Mitigation Fee established and charged to the Developers. When looking at the individual Enterprise Budgets covered under Prop 218 the City of Lodi has had a past practice of not supporting the revenues of each enterprise 100 percent with revenues from the IMFP. The City of Lodi through its Municipal Funding Corporation establishes Certificates of Participation, by-passing the requirement of both Prop 13 and 218 voter authority and expanding the Enterprise budgets and inflating the need for Utility Rate increases. The Certificates of Participation specifically state the funds to be repaid by Utility Rate revenues and are not the responsibility of the City or the General Fund obligation. Therefore the necessity of restricted fund use, so that 100 percent of the IMF is collected and used solely within the designated Enterprise. 4. Change the way the Annual IMF Report is presented. Add to the report the total number of Developer units within each development. Show the number of Page 16 of 21 current year units paid by that development into each fund. Show how many units left to be paid for and carried over to the next reporting year/years. 5. The current format of the Annual Report is more of a summary report lacking details of transactions. If you compare the yearly reports to one another there are discrepancies in the ending and beginning balances year to year. They lack the detail of interest accrued on each inter fund loan, showing only the original loan balance amount borrowed year to year. There should be line item details of payables and receivables not just note references of some of the transactions that affect the balances. You as the City Council or a City Employee have to ask the question, can I understand the detail of what the City is doing from this report as it exists in its current form? I respectfully request that these changes be made in the City of Lodi's municipal code and the format of the Impact Mitigation Fund's Report. Mike Lusk disclaimer: All the information contained in this Claim is meant to support the argument of the Claim and not in any way meant to miss -lead the intention of this Claim. The representation of sources and excerpts were taken from official documents in part or in whole but may not contain all of the information of the source document. Persons reviewing this Claim are urged to review all source documents in their entirety if further understanding is required. This Claim is directed at the City of Lodi and not to anyone individual or individuals within the City Government. Respectfully Mike Lusk Page 17 of 21 2518 Colony Dr. Lodi, Calif. END OF MY CLAIM OF MAY 17, 2017 INCLUDED HERE MY BLUE SHEET ON AGENDA ITEM C-19 OF SEPTEMBER 6, 2017 LODI CITY COUNCIL BLUE SHEET AGENDA ITEM C-19 SEPT. 6, 2017 LODI CITY MANAGER MAKE CHANGES TO THE IMPACT MITIGATION FEE PROGRAM (IMFP) Reference Agenda Item C-19 meeting of Sept. 6, 2017 1. Add funding item titled Recycled Water Fund. This fund would support the new portion of the Water Utility Enterprise enabling the City to establish design, and installation of infrastructure to connect the City Limits of Lodi with the White Slough Wastewater recycling plant, with the purpose of suppling non -potable water sources to the new developments within the City of Lodi. These funds would be restricted for use within the Water Utility Enterprise for the sole purpose as described above and the operating budgets would be incorporated into the Water Utility Enterprise as a subset of the potable water enterprise. The City of Lodi has already studied the infrastructure and implementation cost of establishing the non -potable recycled water facilities back in 2001 water studies. The City already has an estimate of non -potable water usage in the current water billing. The comparison between potable winter usage and summer Page 18 of 21 outside water consumption provides a basis to establish future IMF costs to Developers. 2. Restrict the use of each fund for Wastewater, Water, Recycled Water and Storm Water to be solely used within the designated fund. NO inter fund loans! Money restricted to designated fund use only. Example: The City borrowed 1.9 million dollars plus from the Water IMF fund in 2002 for the construction of Fire House number 4 and 15 years later still has not paid this loan back to the Water IMF and shorting the Utility Rate Payers this funding. Page 1 3. Restrict the City of Lodi from reducing the amount of Impact Mitigation Fee established and charged to the Developers. When looking at the individual Enterprise Budgets covered under Prop 218 the City of Lodi has had a past practice of not supporting the revenues of each enterprise 100 percent with revenues from the IMFP. The City of Lodi through its Municipal Funding Corporation establishes Certificates of Participation, by-passing the requirement of both Prop 13 and 218 voter authority and expanding the Enterprise budgets and inflating the need for Utility Rate increases. The Certificates of Participation specifically state the funds to be repaid by Utility Rate revenues and are not the responsibility of the City or the General Fund obligation. Therefore the necessity of restricted fund use, so that 100 percent of the IMF is collected and used solely within the designated Enterprise. 4. Change the way the Annual IMF Report is presented. Add to the report the total number of Developer units within each development. Show the number of current year units paid by that development into each fund. Show how many units left to be paid for and carried over to the next reporting year/years. Page 19 of 21 5. The current format of the Annual Report is more of a summary report lacking details of transactions. If you compare the yearly reports to one another there are discrepancies in the ending and beginning balances year to year. They lack the detail of interest accrued on each inter fund loan, showing only the original loan balance amount borrowed year to year. There should be line item details of payables and receivables not just note references of some of the transactions that affect the balances. Page 2 6. Item 7 FEE PROGRAM ADMINISTRATION REQUIREMENTS found on page 73 of the LODI IMPACT FEE MITIGATION PROGRAM UPDATE OF 2012 states "A description of each interfund transfer or loan made from the account and when it will be repaid". This Agenda Item C-19 does not give a specific date when the interfund loan from the water fund to the fire fund in 2002 for Firehouse 4 will be repaid. After 15 years the City has had plenty of time to establish a specific date for the repayment. The last paragraph of this section on page 74 also requires the City to disclose as with the annual disclosure, the five year report must be made public within 180 days after the end of the City's fiscal year and must be reviewed at the next regularly scheduled public meeting. When can we see this report? Can we expect to see any or all the Items above 1 through 6 included in the update? You as the City Council or a City Employee have to ask the question, can I understand the detail of what the City is doing from this report as it exists in its current form? Page 20 of 21 I respectfully request that these changes be made in the City of Lodi's municipal code and the format of the Impact Mitigation Fund's Report. Respectfully Mike Lusk, Lodi Page 3 END OF MY BLUE SHEET ON AGENDA ITEM C-19 OF SEPTEMBER 6, 2017 Mike Lusk disclaimer: All the information contained in this Claim is meant to support the argument of the Claim and not in any way meant to miss -lead the intention of this Claim. The representation of sources and excerpts were taken from official documents in part or in whole but may not contain all of the information of the source document. Persons reviewing this Claim are urged to review all source documents in their entirety if further understanding is required. This Claim is directed at the City of Lodi and not to anyone individual or individuals within the City Government. Respectfully Mike Lusk 2518 Colony Dr. Lodi, Calif. Page 21 of 21 STATE OF CALIFORNIA CHAPTER 6 GOVERNMENT CODE SECTION 66000 THROUGH 66025 State of California GOVERNMENT CODE Section 66000 66000. As used in this chapter, the following terms have the following meanings: (a) "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (b) "Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected underdevelopment agreements adopted pursuant to Article 2.5 (commencing with Section55864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part I (commencing with Section33000) of Division 24 of the Health and Safety Code). (c) "Local agency" means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (d) "Public facilities" includes public improvements, public services, and community amenities. (Amended by Stats. 2006, Ch. 538, Sec. 319. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66000.5 66000.5. (a) This chapter, Chapter 6 (commencing with Section 66010), Chapter 7(commencing with Section 66012), Chapter 8 (commencing with Section 66016),and Chapter 9 (commencing with Section 66020) shall be known and may be cited as the Mitigation Fee Act. (b) Any action brought in the superior court relating to the Mitigation Fee Act maybe subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030). (Amended by Stats. 2010, Ch. 699, Sec. 23. (SB 894) Effective January 1, 2011.) State of California GOVERNMENT CODE Section 66001 66001. (a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, the local agency shall do all of the following: (1) Identify the purpose of the fee. (2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. Page 1of17 (3) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (4) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (b) In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (c) Upon receipt of a fee subject to this section, the local agency shall deposit, invest, account for, and expend the fees pursuant to Section 66006. (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. (2) When findings are required by this subdivision, they shall be made in connection with the public information required by subdivision (b) of Section 66006. The findings required by this subdivision need only be made for moneys in possession of the local agency, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date. If the findings are not made as required by this subdivision, the local agency shall refund the moneys in the account or fund as provided in subdivision (e). (e) Except as provided in subdivision (f), when sufficient funds have been collected, as determined pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 66006, to complete financing on incomplete public improvements identified in paragraph (2) of subdivision (a), and the public improvements remain incomplete, the local agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvement will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon. By means consistent with the intent of this section, a local agency may refund the unexpended revenues by direct payment, by providing -a -temporary suspension of fees, -or by any other reasonable means. The determination by the governing body of the local agency of the means by which those revenues are to be refunded is a legislative act. (f) If the administrative costs of refunding unexpended revenues pursuant to subdivision (e) exceed the amount to be refunded, the local agency, after a public hearing, notice of which has been published pursuant to Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and which serves the project on which the fee was originally imposed. (g) A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan. (Amended by Stats. 2006, Ch. 194, Sec. 1. Effective January 1, 2007.) Page 2 of 17 State of California GOVERNMENT CODE Section 66002 66002. (a) Any local agency which levies a fee subject to Section 66001 may adopta capital improvement plan, which shall indicate the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with the fees. (b) The capital improvement plan shall be adopted by, and shall be annually updated by, a resolution of the governing body of the local agency adopted at a noticed public hearing. Notice of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement plan. This notice shall be given no later than the date the local agency notices the public hearing pursuant to Section 65090. The information in the notice shall be not less than the information contained in the notice of public hearing and shall be given by first-class mail or personal delivery. (c) "Facility" or "improvement," as used in this section, means any of the following: (1) Public buildings, including schools and related facilities; provided that school facilities shall not be included if Senate Bill 97 of the 1987-88 Regular Session is enacted and becomes effective on or before January 1, 1988. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including but not limited to streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. (8) Any other capital project identified in the capital facilities plan adopted pursuant to Section 66002. (Added by Stats. 1987, Ch. 927, Sec. 1. Operative January 1, 1989, by Section 66003.) State of California GOVERNMENT CODE Section 66003 66003. Sections 66001 and 66002 do not apply to a fee imposed pursuant to a reimbursement agreement by and between a local agency and a property owner or developer for that portion of the cost of a public facility paid by the property owner or developer which exceeds the need for the public facility attributable to and reasonably related to the development. This chapter shall become operative on January1, 1989. (Amended by Stats. 1989, Ch. 170, Sec. 2.) State of California GOVERNMENT CODE Section 66004 66004. The establishment or increase of any fee pursuant to this chapter shall be subject to the requirements of Section 66018. (Amended by Stats. 1990, Ch. 1572, Sec. 15.) Page 3 of 17 State of California GOVERNMENT CODE Section 66005 66005. (a) When a local agency imposes any fee or exaction as a condition of approval of a proposed development, as defined by Section 65927, or development project, those fees or exactions shall not exceed the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. (b) This section does not apply to fees or monetary exactions expressly authorized to be imposed under Sections 66475.1 and 66477. (c) It is the intent of the Legislature in adding this section to codify existing constitutional and decisional law with respect to the imposition of development fees and monetary exactions on developments by local agencies. This section is declaratory of existing law and shall not be construed or interpreted as creating new law or as modifying or changing existing law. (Added by renumbering Section 65959 by Stats. 1988, Ch. 418, Sec. 6.) State of California GOVERNMENT CODE Section 66005.1 66005.1. (a) When a local agency imposes a fee on a housing development pursuant to Section 66001 for the purpose of mitigating vehicular traffic impacts, if that housing development satisfies all of the following characteristics, the fee, or the portion there of relating to vehicular traffic impacts, shall be set at a rate that reflects a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments without these characteristics, unless the local agency adopts findings after a public hearing establishing that the housing development, even with these characteristics, would not generate fewer automobile trips than a housing development without those characteristics: (1) The housing development is located within one-half mile of a transit station and there is direct access between the housing development and the transit station along a barrier -free walkable pathway not exceeding one-half mile in length. (2) Convenience retail uses, including a store that sells food, are located within one-half mile of the housing development. (3) The housing development provides either the minimum number of parking spaces required by the local ordinance, or no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less. (b) If a housing development does not satisfy the characteristics in subdivision (a),the local agency may charge a fee that is proportional to the estimated rate of automobile trip generation associated with the housing development. (c) As used in this section, "housing development" means a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floors pace is for residential use. (d) For the purposes of this section, "transit station" has the meaning set forth in paragraph (4) of subdivision (b) of Section 65460.1. "Transit station" includes planned transit stations otherwise meeting this definition whose construction is programmed to be completed prior to the scheduled completion and occupancy of the housing development. (e) This section shall become operative on January 1, 2011. (Repealed (in Sec. 2) and added by Stats. 2008, Ch. 692, Sec. 3. Effective January 1, 2009. Section operative January 1, 2011, by its own provisions.) Page 4 of 17 State of California GOVERNMENT CODE Section 66006 66006. (a) If a local agency requires the payment of a fee specified in subdivision(c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (b) (1) For each separate account or fund established pursuant to subdivision (a),the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each inter fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. (2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less thanl5 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, "fee" means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project. (d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. (f) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to finance. Page 5 of 17 (Amended by Stats. 1996, Ch. 569, Sec. 2. Effective January 1, 1997.) State of California GOVERNMENT CODE Section 66006.5 66006.5. (a) A city or county which imposes an assessment, fee, or charge, other than a tax, for transportation purposes may, by ordinance, prescribe conditions and procedures allowing real property which is needed by the city or county for local transportation purposes, or by the state for transportation projects which will not receive any federal funds, to be donated by the obligor in satisfaction or partial satisfaction of the assessment, fee, or charge. (b) To facilitate the implementation of subdivision (a), the Department of Transportation shall do all of the following: (1) Give priority to the refinement, modification, and enhancement of procedures and policies dealing with right-of-way donations in order to encourage and facilitate those donations. (2) Reduce or simplify paperwork requirements involving right-of-way procurement. (3) Increase communication and education efforts as a means to solicit and encourage voluntary right-of-way donations. (4) Enhance communication and coordination with local public entities through agreements of understanding that address state acceptance of right-of-way donations. (Added by Stats. 1989, Ch. 857, Sec. 2.) State of California GOVERNMENT CODE Section 66007 66007. (a) Except as otherwise provided in subdivisions (b) and (g), any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. However, utility service fees may be collected at the timeanapplication for utility service is received. If_ the residential development contains more than one dwelling, the local agency may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their final inspection or certificate of occupancy, whichever occurs first; or on a lump -sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. (b) (1) Notwithstanding subdivision (a), the local agency may require the payment of those fees or charges at an earlier time if (A) the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy or (B) the fees or charges are to reimburse the local agency for expenditures previously made. "Appropriated," as used in this subdivision, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes. (2) (A) Paragraph (1) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by a nonprofit housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. In addition to the contract that may be required under subdivision (c),a city, county, or city and county may require the posting of Page 6 of 17 a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of any fees or charges that are subject to this paragraph. Fees and charges exempted from paragraph (1) under this paragraph shall become immediately due and payable when the residential development no longer meets the requirements ofthis paragraph. (B) The exception provided in subparagraph (A) does not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Divisionl of Title 1 of the Education Code. (c) (1) If any fee or charge specified in subdivision (a) is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the local agency issuing the building permit may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified in subdivision (a). If the fee or charge is prorated pursuant to subdivision (a), the obligation under the contract shall be similarly prorated. (2) The obligation to pay the fee or charge shall inure to the benefit of, and been force able by, the local agency that imposed the fee or charge, regardless of whether it is a party to the contract. The contract shall contain a legal description of the property affected, shall be recorded in the office of the county recorder of the county and, from the date of recordation, shall constitute a lien for the payment of the fee or charge, which shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The contract shall be recorded in the grantor -grantee index in the name of the public agency issuing the building permit as grantee and in the name of the property owner or lessee as grantor. The local agency shall record a release of the obligation, containing a legal description of the property, in the event the obligation is paid in full, or a partial release in the event the fee or charge is prorated pursuant to subdivision (a). (3) The contract may require the property owner or lessee to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit was issued and to provide in the escrow instructions that the fee or charge be paid to the local agency imposing the same from the sale proceeds in escrow prior to disbursing proceeds to the seller. (d) This section applies only to fees collected by a local agency to fund the construction of public improvements or facilities. It does not apply to fees collected to cover the cost of code enforcement or inspection services, or to other fees collected to pay for the cost of enforcement of local ordinances or state law. (e) "Final inspection" or "certificate of occupancy," as used in this section, have the same meaning as described in Sections 305 and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 edition. (f) Methods of complying with the requirement in subdivision (b) that a proposed construction schedule or plan be adopted, include, but are not limited to, (1) the adoption of the capital improvement plan described in Section 66002, or (2) the submittal of a five-year plan for construction and rehabilitation of school facilities pursuant to subdivision (c) of Section 17017.5 of the Education Code. (g) A local agency may defer the collection of one or more fees up to the close of escrow. This subdivision shall not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code. (Amended by Stats. 2008, Ch. 246, Sec. 1. Effective January 1, 2009.) State of California GOVERNMENT CODE Section 66008 66008. A local agency shall expend a fee for public improvements, as accounted for pursuant to Section 66006, solely and exclusively for the purpose or purposes, as identified in subdivision (f) of Section 66006, for which the fee was collected. The fee shall not be levied, collected, or imposed for general revenue purposes. (Added by Stats. 1996, Ch. 569, Sec. 3. Effective January 1, 1997.) Page 7 of 17 State of California GOVERNMENT CODE Section 66010 66010. As used in this chapter: (a) "Development project" means a development project as defined in Section66000. (b) "Fee" means a monetary exaction or a dedication, other than a tax or special assessment, which is required by a local agency of the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. (c) "Local agency" means a local agency, as defined in Section 66000. (d) "Public facilities" means public facilities, as defined in Section 66000. (e) "Reconstruction" means the reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. (Amended by Stats. 1990, Ch. 1572, Sec. 18.) State of California GOVERNMENT CODE Section 66011 66011. No fee may be applied by a local agency to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term substantially equivalent, as used in this section, shall have the same meaning as the term in subdivision (c) of Section 70 of the Revenue and Taxation Code. (Added by Stats. 1988, Ch. 162, Sec. 1.) State of California GOVERNMENT CODE Section 66012 66012. (a) Notwithstanding any other provision of law which prescribes an amount or otherwise limits the amount of a fee or charge which may be levied by a city, county, or city and county, a city, county, or city and county shall have the authority to levy any fee or charge in connection with the operation of an aerial tramway within its jurisdiction. (b) If any person disputes whether a fee or charge levied pursuant to subdivision (a) is reasonable, the auditor, or if there is no auditor, the fiscal officer, of the city, county, or city and county shall, upon request of the legislative body of the city, county, or city and county, conduct a study and determine whether the fee or charge is reasonable. (Added by Stats. 1990, Ch. 1572, Sec. 19.) Page 8 of 17 State of California GOVERNMENT CODE Section 66013 66013. (a) Notwithstanding any other provision of law, when a local agency imposes fees for water connections or sewer connections, or imposes capacity charges, those fees or charges shall not exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed, unless a question regarding the amount of the fee or charge imposed in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) As used in this section: (1) "Sewer connection" means the connection of a structure or project to a public sewer system. (2) "Water connection" means the connection of a structure or project to a public water system, as defined in subdivision (f) of Section 116275 of the Health and Safety Code. (3) "Capacity charge" means a charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. A "capacity charge" does not include a commodity charge. (4) "Local agency" means a local agency as defined in Section 66000. (5) "Fee" means a fee for the physical facilities necessary to make a water connection or sewer connection, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to a water distribution line or sewer main, and that does not exceed the estimated reasonable cost of labor and materials for installation of those facilities. (6) "Public facilities" means public facilities as defined in Section 66000. (c) A local agency receiving payment of a charge as specified in paragraph (3) of subdivision (b) shall deposit it in a separate capital facilities fund with other charges received, and account for the charges in a manner to avoid any commingling with other moneys of the local agency, except for investments, and shall expend those charges solely for the purposes for which the charges were collected. Any interest income earned from the investment of moneys in the capital facilities fund shall be deposited in that fund. (d) For a fund established pursuant to subdivision (c), a local agency shall make available to the public, within 180 days after the last day of each fiscal year, the following information for that fiscal year: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following: (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended that was completed during that fiscal year. (C) Each public improvement that is anticipated to be undertaken in the following fiscal year. (5) A description of each inter fund transfer or loan made from the capital facilities fund. The information provided, in the case of an inter fund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an inter fund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. (e) The information required pursuant to subdivision (d) may be included in the local agency's annual fmancial report. (f) The provisions of subdivisions (c) and (d) shall not apply to any of the following: (1) Moneys received to construct public facilities pursuant to a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Section 66003. Page 9 of 17 (2) Charges that are used to pay existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. (3) Charges collected on or before December 31, 1998. (g) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion imposing a fee or capacity charge subject to this section shall be brought pursuant to Section 66022. (h) Fees and charges subject to this section are not subject to the provisions of Chapter 5 (commencing with Section 66000), but are subject to the provisions of Sections 66016, 66022, and 66023. (i) The provisions of subdivisions (c) and (d) shall only apply to capacity charges levied pursuant to this section. (Amended by Stats. 2007, Ch. 94, Sec. 1. Effective January 1, 2008.) State of California GOVERNMENT CODE Section 66014 66014. (a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division3 (commencing with Section 56000) of Title 5; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410)of Title 7; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 or under any other authority; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) The fees charged pursuant to subdivision (a) may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations. (c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion authorizing the charge of a fee subject to this section shall be brought pursuant to Section 66022. (Amended by Stats. 2002, Ch. 963, Sec. 1. Effective January 1, 2003.) State of California GOVERNMENT CODE Section 66015 66015. (a) For a residential solar energy system: (1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15)per kilowatt for each kilowatt above 15kW. Except as provided in paragraph (2), for thermal systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt thermal for each kilowatt thermal above 10kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a solar energy system that exceeds the fees specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. Page 10 of 17 (b) For a commercial solar energy system: (1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. Except as provided in paragraph (2), for thermal systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 30kWth, plus seven dollars ($7) per kilowatt thermal for each kilowatt thermal between 30kWth and 260kWth, plus five dollars ($5) per kilowatt thermal for each kilowatt thermal above 260kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a solar energy system that exceeds the applicable fee specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (c) A written finding adopted pursuant to paragraph (2) of subdivision (a) or (b) shall include all of the following: (1) A determination that the municipality has adopted appropriate ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in state guidelines, the checklists and standard plans in the California Solar Permitting Guidebook, and model ordinances. (2) A calculation related to the administrative cost of issuing a solar permit that includes consideration of any reduction in costs to issue the permit or inspect a solar energy system pursuant to Section 65850.5. (3) A description of how the higher fee will result in a quick and streamlined approval process. (d) For purposes of this section, "administrative costs" means the costs incurred in connection with the review, approval, and issuance of the permit, and the hourly site inspection and follow up costs, and may also include an amortization of the costs incurred in connection with producing a written finding and adopting an ordinance or resolution pursuant to subdivision (a) or (b). (e) For purposes of this section, "residential permit fee" means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system. (f) For purposes of this section, "solar energy system" has the same meaning as defined in Section 801.5 of the Civil Code. (g) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation. (h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Amended by Stats. 2017, Ch. 849, Sec. 3. (AB 1414) Effective January 1, 2018. Repealed as of January 1, 2025, by its own provisions. Note: Repeal affects Chapter 7.5, consisting of this section. ) State of California GOVERNMENT CODE Section 66015 66015. (a) For a residential solar energy system: (1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt for each kilowatt above 15kW. Except as provided in paragraph (2), for thermal systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt thermal for each kilowatt thermal above 10kWth. Page 11 of 17 (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a solar energy system that exceeds the fees specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (b) For a commercial solar energy system: (1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. Except as provided in paragraph (2), for thermal systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 30kWth, plus seven dollars ($7) per kilowatt thermal for each kilowatt thermal between 30kWth and 260kWth, plus five dollars ($5) per kilowatt thermal for each kilowatt thermal above 260kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a solar energy system that exceeds the applicable fee specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (c) A written finding adopted pursuant to paragraph (2) of subdivision (a) or (b) shall include all of the following: (1) A determination that the municipality has adopted appropriate ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in state guidelines, the checklists and standard plans in the California Solar Permitting Guidebook, and model ordinances. (2) A calculation related to the administrative cost of issuing a solar permit that includes consideration of any reduction in costs to issue the permit or inspect a solar energy system pursuant to Section 65850.5. (3) A description of how the higher fee will result in a quick and streamlined approval process. (d) For purposes of this section, "administrative costs" means the costs incurred in connection with the review, approval, and issuance of the permit, and the hourly site inspection and follow up costs, and may also include an amortization of the costs incurred in connection with producing a written finding and adopting an ordinance or resolution pursuant to subdivision (a) or (b). (e) For purposes of this section, "residential permit fee" means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system. (f) For purposes of this section, "solar energy system" has -the -same meaning as defined in -Section -801.5 -of -the Civil Code. (g) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation. (h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Amended by Stats. 2017, Ch. 849, Sec. 3. (AB 1414) Effective January 1, 2018. Repealed as of January 1, 2025, by its own provisions. Note: Repeal affects Chapter 7.5, consisting of this section. ) State of California GOVERNMENT CODE Section 66017 66017. (a) Any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project, as defined in Section 66000, which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall be enacted in accordance with the notice and public hearing Page 12 of 17 procedures specified in Section 54986 or 66016 and shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge. (b) Without following the procedure otherwise required for the adoption of a fee or charge, or increasing a fee or charge, the legislative body of a local agency may adopt an urgency measure as an interim authorization for a fee or charge, or increase in a fee or charge, to protect the public health, welfare and safety. The interim authorization shall require four-fifths vote of the legislative body for adoption. The interim authorization shall have no force or effect 30 days after its adoption. The interim authority shall contain findings describing the current and immediate threat to the public health, welfare, and safety. After notice and public hearing pursuant to Section 54986 or 66016, the legislative body may extend the interim authority for an additional 30 days. Not more than two extensions may be granted. Any extension shall also require a four-fifths vote of the legislative body. (Amended by Stats. 2006, Ch. 538, Sec. 320. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66018 66018. (a) Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. (b) Any costs incurred by a local agency in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the fees which were the subject of the hearing. (c) This section applies only to the adopting or increasing of fees to which a specific statutory notice requirement, other than Section 54954.2, does not apply. (d) As used in this section, "fees" do not include rates or charges for water, sewer, or electrical service. (Added by Stats.1990, Ch. 1572, Sec. 20.) State of California GOVERNMENT CODE Section 66018.5 66018.5. "Local agency," as used in this chapter, has the same meaning as provided in Section 66000. (Added by Stats. 1990, Ch. 1572, Sec. 20.) State of California GOVERNMENT CODE Section 66019 66019. (a) As used in this section: (1) "Fee" means a fee as defined in Section 66000, but does not include any of the following: (A) A fee authorized pursuant to Section 66013. (B) A fee authorized pursuant to Section 17620 of the Education Code, or Sections65995.5 and 65995.7. (C) Rates or charges for water, sewer, or electrical services. (D) Fees subject to Section 66016. Page 13 of 17 (2) "Party" means a person, entity, or organization representing a group of people or entities. (3) "Public facility" means a public facility as defined in Section 66000. (b) For any fee, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this subdivision is available shall be mailed at least 14 days prior to the first meeting to an interested party who files a written request with the city, county, or city and county for mailed notice of a meeting on a new or increased fee to be enacted by the city, county, or city and county. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body of the city, county, or city and county may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. The legislative body may send the notice electronically. At least 10 days prior to the meeting, the city, county, or city and county shall make available to the public the data indicating the amount of cost, or the estimated cost, required to provide the public facilities and the revenue sources anticipated to fund those public facilities, including general fund revenues. The new or increased fee shall be effective no earlier than 60days following the final action on the adoption or increase of the fee, unless the city, county, or city and county follows the procedures set forth in subdivision (b) of Section66017. (c) If a city, county, or city and county receives a request for mailed notice pursuant to this section, or a local agency receives a request for mailed notice pursuant to Section 66016, the city, county, or city and county or other local agency may provide the notice via electronic mail for those who specifically request electronic mail notification. A city, county, city or county, or other local agency that provides electronic mail notification pursuant to this subdivision shall send the electronic mail notification to the electronic mail address indicated in the request. The electronic mail notification authorized by this subdivision shall operate as an alternative to the mailed notice required by this section. (Added by Stats. 2009, Ch. 507, Sec. 2. (AB 1084) Effective January 1, 2010.) State of California GOVERNMENT CODE Section 66020 66020. (a) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, as defined in Section 66000, by a local agency by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the governing body of the entity, which notice shall contain all of the following information: (A) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (B) A statement informing the governing body of the factual elements of the dispute and the legal theory forming the basis for the protest. (b) Compliance by any party with subdivision (a) shall not be the basis for a local agency to withhold approval of any map, plan, permit, zone change, license, or other form of permission, or concurrence, whether discretionary, ministerial, or otherwise, incident to, or necessary for, the development project. This section does not limit the ability of a local agency to ensure compliance with all applicable provisions of law in determining whether or not to approve or disapprove a development project. (c) Where a reviewing local agency makes proper and valid findings that the construction of certain public improvements or facilities, the need for which is directly attributable to the proposed development, is required for reasons related to the public health, safety, and welfare, and elects to impose a requirement for construction of those improvements or facilities as a condition of approval of the proposed development, then in the event a Page 14 of 17 protest is lodged pursuant to this section, that approval shall be suspended pending withdrawal of the protest, the expiration of the limitation period of subdivision (d) without the filing of an action, or resolution of any action filed. This subdivision confers no new or independent authority for imposing fees, dedications, reservations, or other exactions not presently governed by other law. (d) (1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90 -day approval period in which the applicant may protest has begun. (2) Any party who files a protest pursuant to subdivision (a) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications, reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. Thereafter, notwithstanding any other law to the contrary, all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the imposition. Any proceeding brought pursuant to this subdivision shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings. (e) If the court finds in favor of the plaintiff in any action or proceeding brought pursuant to subdivision (d), the court shall direct the local agency to refund the unlawful portion of the payment, with interest at the rate of 8 percent per annum, or return the unlawful portion of the exaction imposed. (f) (1) If the court grants a judgment to a plaintiff invalidating, as enacted, all or a portion of an ordinance or resolution enacting a fee, dedication, reservation, or other exaction, the court shall direct the local agency to refund the unlawful portion of the payment, plus interest at an annual rate equal to the average rate accrued by the Pooled Money Investment Account during the time elapsed since the payment occurred, or to return the unlawful portion of the exaction imposed. (2) If an action is filed within 120 days of the date at which an ordinance or resolution to establish or modify a fee, dedication, reservation, or other exactions to be imposed on a development project takes effect, the portion of the payment or exaction invalidated shall also be returned to any other person who, under protest pursuant to this section and under that invalid portion of that same ordinance or resolution as enacted, tendered the payment or provided for or satisfied the exaction during the period from 90 days prior to the date of the filing of the action which invalidates the payment or exaction to the date of the entry of the judgment referenced in paragraph (1). (g) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (h) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. (Amended by Stats. 1996, Ch. 549, Sec. 2. Effective January 1, 1997.) State of California GOVERNMENT CODE Section 66021 66021. (a) Any party on whom a fee, tax, assessment, dedication, reservation, or other exaction has been imposed, the payment or performance of which is required to obtain governmental approval of a development, as defined by Section 65927, or development project, may protest the establishment or imposition of the fee, tax, assessment, dedication, reservation, or other exaction as provided in Section 66020. Page 15 of 17 (b) The protest procedures of subdivision (a) do not apply to the protest of any tax or assessment (1) levied pursuant to a principal act that contains protest procedures, or (2) that is pledged to secure payment of the principal of, or interest on, bonds or other public indebtedness. (Amended by Stats. 1998, Ch. 689, Sec. 7. Effective January 1, 1999.) State of California GOVERNMENT CODE Section 66022 66022. (a) Any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge, or modifying or amending an existing fee or service charge, adopted by a local agency, as defined in Section 66000, shall be commenced within 120 days of the effective date of the ordinance, resolution, or motion. If an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge, and the automatic adjustment results in an increase in the amount of a fee or service charge, any action or proceeding to attack, review, set aside, void, or annul the increase shall be commenced within 120 days of the effective date of the increase. (b) Any action by a local agency or interested person under this section shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2of the Code of Civil Procedure. (c) This section shall apply only to fees, capacity charges, and service charges described in and subject to Sections 66013, 66014, and 66016. (Amended by Stats. 2006, Ch. 643, Sec. 20. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66023 66023. (a) Any person may request an audit in order to determine whether any fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, as defined in Section 66000, or service provided by the local agency. If a person makes that request, the legislative body of the local agency may retain an independent auditor to conduct an audit to determine whether the fee or charge is reasonable, but is not required to conduct the audit if an audit has been performed for the same fee within the previous 12 months. (b) To the extent that the audit determines that the amount of any fee or charge does not meet the requirements of this section, the local agency shall adjust the fee accordingly. This subdivision does not apply to a fee authorized pursuant to Section17620 of the Education Code, or Sections 65995.5 and 65995.7. (c) The local agency shall retain an independent auditor to conduct an audit only if the person who requests the audit deposits with the local agency the amount of the local agency's reasonable estimate of the cost of the independent audit. At the conclusion of the audit, the local agency shall reimburse unused sums, if any, or the requesting person shall pay the local agency the excess of the actual cost of the audit over the sum which was deposited. (d) Any audit conducted by an independent auditor to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of providing the product or service shall conform to generally accepted auditing standards. (e) The procedures specified in this section shall be alternative and in addition to those specified in Section 54985. Page 16 of 17 (f) The Legislature finds and declares that oversight of local agency fees is a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this chapter shall supersede all conflicting local laws and shall apply in charter cities. (g) This section shall not be construed as granting any additional authority to any local agency to levy any fee or charge which is not otherwise authorized by another provision of law, nor shall its provisions be construed as granting authority to any local agency to levy a new fee or charge when other provisions of law specifically prohibit the levy of a fee or charge. (Amended by Stats. 2009, Ch. 507, Sec. 3. (AB 1084) Effective January 1, 2010.) State of California GOVERNMENT CODE Section 66024 66024. (a) In any judicial action or proceeding to validate, attack, review, set aside, void, or annul any ordinance or resolution providing for the imposition of a development fee by any city, county, or district in which there is at issue whether the development fee is a special tax within the meaning of Section 50076, the city, county, or district has the burden of producing evidence to establish that the development fee does not exceed the cost of the service, facility, or regulatory activity for which it is imposed. (b) No party may initiate any action or proceeding pursuant to subdivision (a) unless both of the following requirements are met: (1) The development fee was directly imposed on the party as a condition of project approval. (2) At least 30 days prior to initiating the action or proceeding, the party requests the city, county, or district to provide a copy of the documents which establish that the development fee does not exceed the cost of the service, facility, or regulatory activity for which it is imposed. In accordance with Section 6257, the city, county, or district may charge a fee for copying the documents requested pursuant to this paragraph. (c) For purposes of this section, costs shall be determined in accordance with fundamental fairness and consistency of method as to the allocation of costs, expenses, revenues, and other items included in the calculation. (Added by Stats. 1990, Ch. 1572, Sec. 22.) State of California GOVERNMENT CODE Section 66025 66025. "Local agency," as used in this chapter, means a local agency as defined in Section 66000. (Added by Stats 1990, Ch. 1572, Sec. 22.) Page 17 of 17 ] e COUNCIL COMMUNICATION AGENDA TITLE: Impact Mitigation Fee Program Annual Report MEETING DATE: December 18, 2002 PREPARED BY: Public Works Director RECOMMENDED ACTION: Information only. BACKGROUND INFORMATION: The City Council adopted the "Final Report, City of Lodi Development Impact Fee Study," prepared by Nolte and Associates and Angus McDonald Associates, in 1991. In 1991, the City Council adopted the "Development Impact Fee Update Study," prepared by Harris & Associates. These actions established and updated the City's development impact fee program. Subsequently, the Council requested a recap of all past project expenditures and revenues in the program. This information is being provided to Council in the Development Impact Mitigation Fee Program Annual Report Fiscal Year 2001/2002. City staff has prepared the attached series of presentation handouts providing the following information. • Exhibit A — A summary of the current fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2001/2002. • Exhibit B — A summary by account of public improvement projects on which fees were expended during FY 2001/2002. • Exhibit C — A history of expenditures for public improvements of the impact mitigation fee funds from inception (1991) through June 30, 2002. At a future meeting, the Development Impact Mitigation Fee Program Annual Report Fiscal Year 2001/2002 will be presented to the City Council for acceptance. During the period up to that meeting, public comments regarding the report will be received and responses provided as appropriate. The Annual Report will include a summary of the comments and responses. FUNDING: None required. Prepared by Wally Sandelin, City Engineer RCP/FWS/pmf Attachments cc: Randy Hays, City Attorney Vicky McAthie, Finance Director Richard C. Prima, Jr. Public Works Director APPROVED: '4.CAnnualReportFY0102 ,J]rj- txrm ri rrrn -- City Manager 12/10/020 EPA Amount (1) . _ Beg1nnIn9 Balance Merest Earned k.ale oIf Basin Export Other Sources Expenditures PHIBIT A IMPACT MlirIGATION FEE PROGRAM FY 2001/02 iIuTRirt .. . _ Wsstewatar(2) • WaTar(2) 1 Slerrn Drain : Streets -Local Streeta-Pegional Police Fire Parks 6 Roc ; General Facilities I Arriri PP _ .. _ .. 173 162 , 326 I 327 332 .1216 1216 -1217 .1 1216 1214 . --- • 1 _... 5515-- 54,031: 511.601 $4.599 513.4021 51:564 • --31.6481 $15.88e 66,400 134,433.00; 382477_00 706.02466 Inler1uncTfransfers.(6) Subtotal All Expenditures Ending Fund Balance Adjualrnent for Long -Tum Loans 479,094.00 97,147.67 475,810.75 7,313.21 20,649.41 661,608.57 _ 35,873.91 24747,00' • 428,426.40 440,920.73] -1,620,552.79 688,542.86 354,752.71 256,886.89 98,491.011_ 44,275.111 358,24820 1 19,748.44'. 'I-43,249,421 21516.93 -17,966:I16i .._ . .. 899,451.29 269,313.94' 37.665 10 36,413.74i 44,817.411 L f_ . -I- • _. _... .. — - -r— 1 / ,_ 52 00 43,007.00 i 32,76365 25711700L . 356637.00 115,312.91 660,98320 0.00 1,215,5291F: 395,975401 '1462233 1 . 1 • - .; ._ __ 1 4.145.59 30.81790 75.146 00 137 047 61. 95.720 30i. 330000 QQ1,L4L0 36,908.59' 267,954.60. 431,7E13.00 252,360.52 756,703,50' 3,300.00, 1,215,529.77 399 721-E0- . 159:67320.0000' 202,037.29 611,610.16( 995.471.66 60%224.631 484,990.59 564,322A71 -2,673,861.29 L setors.soL 1.193.900.64 - 37.e66 10 (3) 1.563.630.92(4) Fund Balance wiAilittst. 202:037,29. 2,195,241.08 (i) Fees listed are per acre fat Orre Ft‘srdental AcIre Equivalent (P.AELSO.t7 land Uoe . _ . — presents a different tiornand forservices that Fe reflected in RAE adjUStMent bators. -1-- -1A29,642.00 (5) : -1.5133,53021M 644 661.411 564,322.67' -1.090.230.371 683.578.801 1,193500.54 998 471.16 601,234.531 37666 • . . 1p The endnirhalencea shown on this worksheelare actual funds available for use on future projects Because all IMF preieels are maitaked, except lhe street end &torn drain IMF projects. Me fund balante anown on the rnonitily Dial balance includes these prOjectiand does not eefiect funds available for uso otner piOieets. InocOof to seethe= balances, you must refer tO the EujkuaRpdsiflFundUnd_ Pi Only IMF Poraon {4) Amount bomwnad from Water Fund by FiriKlnd fOr construction of Fire Statp-ri No.4 (5) Amount borrowed from Measure K for Highway. 99/T<eTtlema n Lane and Lower Sacramento Roadprojects. (6) Figures shown are net Of transfer in/Out (14Pte Storm IDrIn revenues and expenclaufes were each increased by 626.653to shown Tienda Drive Storm Drain which Finance thowed at a reducbon In revenue only. Developer was given a Greta against fees. DevSerimpactFeeFIMF2001_02Summani 12/4/02 -^ [Guild Ave. Improvements _ EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2001102 Wastewater{2) Water(2) Storm Drain Stresta•Locai Streets -Regional Police Fire Parks 8 Rec General Facilities Art in PP _. i 2 2282,12121 121.6 12-1I I 1214 1214 30,752 25,850 226,6951 38,700. Flow Monitore_ 2,011 1 Oversize Water Main Crossings 16,883 T I-_ Preliminary Well Design 20,544 Well 26 93,742 -- Fire Station #4 Well Site 100.096 Lower Sacramento Road 80,000:- • Century Meadows 4. #2 7,515, Westside Master Plan 10,6561 G Basin Hydrology Study 4,918 Tienda Place Storm Drain 26,653 Mills Ave Roadway TS•Century/Ham Lodi Ave Track Removal TS-Hamey/StocktOn _ Parisis Ranch ^� MTS1032 Lockeford St Widening Cenhrry Blvd Extension 'I.SR Expansion LSR - South MTSI001KettIeman Gap Closure Fire Station #4 Design 5,957.05 1 Fim Station #4 Construction DeBenedetti Street Impr + Lodi Lake BOte1Ped Katzakian Park Impr. - Roger Park Design ! ' Thayer Park Fee Program Monitor' 217 E.Lockeford 1 IMF Update I _ Engineering Costs r '�— 75,146 75,1461 TransferOuUln (net) 4,146 30,817' 61,902 95,720 -3,30.0 Loan Repayment 207,1281 808 600 15,419 12,732 16,055 30,749 250 377,595.18 70,303.27 28,783.981 1,186,745.7 81,169 25,534 271,580, 10,800? 6,895; • 5,459 6,518 2,705 3,748 5.000. Total 36,909 287,933 431,783 252,361 756,704 -3,300 1,215,530 399,726 19,682: DevSer/ImpactFeeslsummary expenditures0l_02XL 12/4102 EXHIBIT C History of Expenditures of the Impact Mitigation Fee Funds 11/4/1991— 6/30/2002 __ Fiscal Years Wastewater -173 Fund_ 01-02 -00-01____ 99-00 98-99 97-98 96-97 95-96 94-95 93-94 92-93 91-92 Total Guild Ave. Improvements Oversize Sanitary Sewers Master Plan (repay project) Ramey Lane Lift Station 30,752 0 0 Kettleman Lane Lift Station' _� Flow Monitoring 22011 - Total Project Expenditures 32;763 0 ' Operating Transfers i 4.145 r Grand Tota!' 36,908' Q' 'To be reimbursed as collected from developers. 0' 50,000 223,000 , 78,000 I 771' 90,173 .I 0 I 223,0001 128,000 0 0 ! 223,000 128,000 90,944 30,7521, 771' 90.173, 50.009]" 301,000 0 474,707 .... �_ 4.145` -• --- j 478,852 DevSer/ImpactFees/IMFExpenditures 12/4/02 Water -182 Fund Fiscal Years 01-02 00-01 99-00 98-99 97-98 96-97 95-96 94-95 93-94 92-93 91-92 Total Oversize Water Main Crossings 16.883 Major Water Crossings - Preliminary Well Design 20,544 • Lodi West Oversize Mains 1 Well 25 Master Plan (repay project) Well 26 _ MSC Site Expansion Planning Mills Ave. Water Main Well 27 • Guild/Thurman Const. Guild Ave. Improvements I 25,850 26,517 6,842 Y 13,101. 16,364 37,146 9,858 16,500 12,109 3,224 18,897 177,442 11, 9 93,742 i 142,629 5,993 12,8321 33; 1 9,331 . . 641- 114 6401 1,600 I 16,623 23,508 ;:3501 14,826? 11,793 919 35,653' _ _ 5.Ss5T- - • - - - - -i 8921 22,293 272,6411 28,300 . i 62,516 f 3,587 1,610 _1_ _ - Hiway 12/Kettleman Interchange ---,- Lower r 18,000 I _.._.__, -.. Lower Sacramento Rd 77,519 1 �__" Fire Station #4 Well Site : 100,096 1 Total Project Expenditures __ - 257,116. 268,346 71,5931 40,6871 18,468; i 38,0381 50,5641 302,544' 9,331 105,894. 5,965 324,829 62,516 241,565 1,600 2- 2'7 955 12,864 -23,508 25.850 18,000 - ._. --L- 7:7,519 100,096 103,844 44,842 --18,897 1,214,938 Operating Tranfers Engineering Costs 139 _ - 35,172E j 35,311 Transfer for past projects 30,817 • J I _� T 6;0231 4,8031 4901 �^ 42,133 Grand Total. 287,934 - 268,346[ `. 71.593', 40,826: 18,468 38.038 50,564 343,738 108.547 45,332 18,897 .1,292,382 DevSer/impactFees/IMFExpenditures 12/4/02 - -Fuca, Years _ _ STORM DRAIN -326 01-02 00-01 99-00 98-99 97-98 96-97 95.96 94-95 93-94 92-93 91-92 Total Oversize Storm Drain 77,519. �__ _ . 77,519 Lower Sacramento Road 80,000-� 80,000 l , e. GuildMtumian ' 16,00.01 ! 3314131- - 854. 50,o40 Guild Ave 226,695! ' 226,695 Nlestside Master Plan 1 10,856 18,232 1 12,344 j 41 A32 G Basin Hydrology Study 1 4,918 38A81 _ I q..998 G Basin FencefE�xcavation . I I l 6,500 861 I 7,36-1 G Basin/Benedetti Acquisition 11,732,528 t ' _ f - III 1,732,528 GBasin Study - SD Reimbursement (Master Plan) • i Hwy99/12 1 Westgate Basin Peterson Park). E Basin SD Improvements Peterson Park Pixley Park Fence Reloc/Improve Everi3en Dr Storm Drain Tienda Drive Storm Drain SO Syatem Model SD Trunk line w/Sylvan Mise. Storm Drain Install MSDIO15Century Meadows 7,515 Total Project Expenditures 329,984. 1,828,279 • 28,704 669,320 184,4101 110,375. 992,809 i _ 57 0001 �' W - 57.400 i _5,430_ 1 12,329 ' 15,248 138,2181' 205,2481 1.64,367 12,763 3,501 557,117 __ 26.649: 1 131,309 184,717 - - 315,028 1,608 20.952 19,344 53,2221 57,192 5,294' 4. 53,135 37,963' _ 151.018 8a-15� ---1 } - - 134AS6 1,061 1,oe1 24,662 24,682 6;294 7,515 0 66.425 1-=113,206 868,180 441,567' 176,653 286.964 394.526 51,2A5' 31,633:4.533,619 Operating Transfers r - _..---.--• .._ -------- Engineering Costs 75,1461 116.800 11E896 75.399, 39.004, 44,1131, 10,939 474.091 Total Expenditures & Transfers 405,130; 1,944,8791 179,315'0 188,605, 905,184 441,567 220.766; 297,903 354,526 57246 51.693 5,007,710 'fiends Place Storm Drain 28,653 Lodi West 1,2,3,4,5, 6,7 - .... 26.853 412.325 35,861 98,580 546,766 Grand Total; 431,783; 1,944,879 179,315 0 188,6051 1.317,509 . 441,567 220.7661 333,764: 354,526, 155.826 31,69315.581,128 DevSer/ImpactFees/IMFExpenditures 12/4/02 Streets • Local 327 Fund 01-02 00-01 99-00 Hwy12/LSr-Sunwest PI -Target Traffic Signals Century Blvd. Widening LSR Minor Widening -Towne Ranch E]in St WfdsniWrILSR TS - 4Wdodl avenfLSRffumer LSR Prelim. Ener. 1 Street Maser Plan -reply past project Hutchins St -Lodi to Pine Misc. Street Improvements ¥sura an Street tmprovernents Excess ri 6h! of rrey 7S-Tumer. Rd/Mills Ave. Mitts Ass Roadway Thurman St RR Crossing t4wy99112 ifdercttanQE:.... , GulIdIThu r ein Construction GuildNiine Improvements Guild Ave. Improvements ISR Improvements T5-Cenhrry/Harn Lodi Ave Trade Removal Westside Fac1t6es Hasler Plan TS-Harriaj/«Slocston Parisis Ranch MSTSI032 Lodleford St Widening Century Blvd Extension Total Project Expenditures Operating Transfers Engineering Casts 808-201 17,771.60 7 10,8_0.02' !! 3.609.801 Fiscal Years 97418 9697 95.98 • 29575.35. . 1,820.02 94-95 93-94 175,384.68 2-44 15,172,63 10.51258 _ .. 50.107.201- 411.14 I 2,5o0.06f r95,2e3,77 178209.03.i 4,577.41 109,520.19 360,000.00, 332,329.62 • 10,600,00 38,899.741 3.934.00 17,414.25 600.00 6,512.08' 15,418 81 675.00 760.90 12,732..25. 7,633.65. I_ 16,055.00 30,748.91 . 250.00 19,979.92 - 92-93 91-92 _ — Total ---763,00 91,170.20 267,317.88 231,91: 14,133.97. 1,700.00. 73,979.00 .__ i---2,798.40 10,144.30. 2,005.08 ..2,800.001 26,493-99 --- Il x,75: 83.018.21 7.05' _115,312.91' 386,093,99 34.34825 590,316.53 { 337,838.861' 18,772 63 32,091.88 101,7291 122,342.25 79377.39 91 — - 75,145.60 29,150.001 27,405.26 31,645.40 17374.14 15,755,641 4. 17,781.57 271,8 Transfer for past projects 89.149.52 45,976.46: 15,199 80 26,022.40 26,558.46, 14,894.43 Grand Totals 279,608.03 395,243.99 61,753:51 621,961.93" 355,213.00 80,504.73 65,073 25 128,023.26148.900.71- 94,671 82 91 '$50,107.20 was reimbursed to the fund in 99-00 by the Federal program. DevSer/I rnpactFees& I MF Expendi to res 931.91 89,812 97 2,798.40 12,149.38 29,299.99 2,58L76 83018_21 7:05 73,034.58 19,979.32 14,450.00 50,107.20 377,212.14 114,097.60 35000.00 342$2$.62 17,414.25 7,112.08 16,093.81 760.90 20,365,90 18,055.00 30,748.91 250.00 ,170.20 1,937.756.85 214,529.45 217,801.07 .170.20.2 322,124.43 12/4/02 Fiscal Years Streets - Regional 332 Fund 01-02 00-01 99-00 98-99 97-98 96-97 95-96 94-95 93-94 92-93 91-92 'Total Misc Regional St Improvements 3,607.00 92,601.69; 95,274.24 , 191,482.93 377,595.181 LSR Expansion LSR LSR: South - Hwy99/12 Interchange TS Kettleman/Mills 1 I: '254,000.00 70,303`27_ . 433,284.10: '306,585.34 2.030.00 96,494.85. TS-LSRNine MTSI001Kettleman Gap Closure 5,957.05, Total Project Expenditures 453,855.50 3,607.00 if 689,314.10 495,681.88; 99,248.72 106,622.48 6,665.54 1.854.995.22 3,974.48 : 1106,622.48 6,665.54 377,595.18 254,000.00 70,303.27 743.843.92 98,524.65 113,288.02 5,957.05 Operating Transfers 1 " Engineering Costs i 9,_06_0_.42_ 9,412.98 12,876.24 Transfers for past projects 68,472.79' Transfers out 27,247,51 'Loan Repayment 207,128.00 103,564.001 Grand Total: 756,703.80 3.607.00 689,314.1,0 495,661.813j 108,309.141 116035.46! 19.541.78 11__ 1. `Money was borrowed from Measure K on a 10 -year repayment schedule.; ! 1 T 31,349.64 66,472.79 • 27,247.51 310,692.00 2,292,757.16 DevSer/ImpactFees/IMFExpenditures 12/4/02 Fiscal Years POLICE -1215 Fund 01-02 00-01 99-00 98-99 97-98 96-97 95-96 94-95 PA Pleasant & Elm 3,300 Carn-egie Basement PSB Master Plan City Flail Expansion/Remodel Repeater System Police Vehicle ; Total Project Expenditures. 0 Operating Transfers -3,300.00 _ Engineering costs 3:300 Grand Tpfaij -3,300.00 3,300; 164,600 3,950 19,974 1f 45,512 128,698 93-94 92-93 91-92 :Total 1 ,300 168,550 19,974 0 _---- ' (74,210 r----- ' 26,0401 -8,24 25,000. 0 01 230,086 132,648 -8,242 51.040 132; 5,757 _ 132' 235,843 132,648 -8,242 51.040; 26,040 16,758 0 408,832 -3.300.00 5e8 411,421 DevSer/ImpactFees/IMFExpenditures 12/4/02 Fire -1216 Fund 01-02 00-01 99-00 98-99 Fire Station #4 Design 28,783.98 190,881.01 10,374.66 Fire: Station #4 Construction '1,186,745.79, 460,173.01 : PSB Master Plan Westside Fire Station Lease Pa ent on Quint App 91,000.O0 Total Project Expenditures Operating Transfers Grand Totai -I- 1,215,529.771 742,054.02 10,374.66 0.00 Fiscal Years _ 97-98 96-97 95-95 94.95 93-94 92-93 91.92 Total 230,039.65 1.646.918.80 9,308.56 .21,293.15 30,601.71 [ 872.62 ..872.62 � s fi_ .- .. . - -- 91,000.40 t 9,308.56' 21,293.15 0.00 872.62 1,999,432.78 2,683.30 2,002,116.08 171.74 532.82; 1,978.74 1,215,529.77 742,054.0210,374.66: 9.480.30 21,825.971 1,978.74 872.62; ..t. DevSer/ImpactFees/IMFExpenditures 12/4/02 Fiscal Years PARKS 8 RECREATION 01-02 00-01 99-00 98-99 97-98 96-97 95-96 94-95 93-94 92-93 91-92 Total DeBenedetti Street Irnpr CY Basin/Benedetti Acquisition Et ,is9 608,763 Lodi Lake Bike/Ped 25,534 72,269 Katxakian Park Improve. 1 271,580' 299,687 Bridgetowne Park Purchase 121,731 Bridgetowne St. Improvements Westside Master Plan 1 16.9311 314,915 f 58,257. 28,4371 } �r Thayer Park 6,895. 27271. StknIEIm/Locust Property Appraisal 9,000 1:000,. Misc Reimbursement Agreement _ _ E 92,018 Roget Park Design 10,800 7.439 Tienda Park Acquisition Tienda Park (Roget) Pixley Park Street L -L (Peterson) Westgate Park Site Improvements Peterson Park Improvements Peterson Park Restrooms 137,587 N1isc- Storm Drain Q Park 27 12,378 58.68Q 15,000 2,638 740 185,183 305,383 .. I I 1,681 j 1,8301 545 167,120 1 235,0951 E 7.307' • 224 ? -� Neighborhood Park Sites 3,900' r' - Indoor Recreation Facility P & R Master Plan 49,826 49,826 Total Probed Expenditures 395,978; 1,300,665 533,050 61,662 1.96,179. 727,469. 4,124 ^ 546, 7,607 49,826' 608,783 97,803 571,267 494,903 28,437 f 16,938 219,349 10,000 104,423 7,439 305,361 111.580 2.638 12,104 T402,215 137,567 224 3,904 300 Operating Transfers PYTransfer for Peterson Park 3,748 Res. No.2000-44 HES to OF , 1,008.958' Engineering Costs to GF Adjustment Credit given for purchase of Bridgetowne Park not shown as expense • 64,629 43,878 19,895 32,309 241 -8,633 17,565 161,361___ 3,185,137 3,748 1.006,958 160,711 161,361 Grand Total 399,726, 1,300,665 1,540,008, 126,291j 240.057 , 908,725 36;433 546 7,607. 87.391, 0, 4.517,915 DevSer/ImpactFees/IMFExpenditures 12/4/02- Fiscal Years GENERAL FACILITIES 01-02 00-01 99-00 98-99 97-98 96.97 95.96 94-95 Fee Program Monitoring 5,459 217 E.Lockeford 6,518! 155,450, 2,705 32,667 44,660x. DIM Fee Update City Hall Remodel _ Total Project Expenditures] 14,682 188,117; 44.660 operating Transfers City Hall Remodel per Res. No. 2000-44 General Plan Study Engineering/Program Adel; Data Processing Software I 5,0001 Preparation of Gen. Plan to GF S""• • 689,000= 0 689,000_: 93-94 92-93 91-92 Tatal 5,459 161,968 80,032 689,000 0 0 936,459 1,000,000 1,000.000 Grand Total! 19,682 188.117, 1.044,860 4,702 6,207; 12.932 75,536, 30,476 129,853 I 394,465 1 j ' 394,465 _ 394,465, 693,702, 6,207 12.932 75,536 30.47612,460.777 DevSer/ImpactFees/IMFExpenditures 12/4/02 _ _ ..- ..-_....- - ---- EXHIBIT A .-. IMPACT MITIGATION FEE PROGRAM FY 2001102 Annual Report Wastewater(2) i Water(2) Storm Drain Streets -Local Streets -Regional Police Fire Parks 8 Rec General Facilities Art in PP —{- - 173 182 326 327 ••_ T 332 1215 1216 1217 1-----1218 1214..— Fee Amount (1) $515 $4,031 $11,501 $4,698 �� $3,402 51,584-• - 51,543' $19,886 $6,400 2%` Beglnnfng Balance - - • • -134.432.95;1,9&3,8v"5,16 1,082,021g8 906,674.11[ T• 70824.667 479,094.00 8,426A0 440,920.73 345433.02 - --- 473,810.75 i 2466 ,889,69 96,499 1.01 I � 44,275.11 _ . 35624830 268,313.944 _• Revenues 89,051.19 561di66.51' 354,752.. 71 37,656:10 • Interest Earned 7.313.211 20,649.41 35873,91 19,748.44 43,248.42 21,610.93' 17,956.1638,413.74! 44,817.41 _ Sale of G Basin Export .. 24,74700 ..__ ._.. „ . -.. ... ...._. _ .._ .. ... ._._._ _ .-. _ .. _ _ __ ._-_ •- _ i• Expenditures 32,76300 257,117,00 356,637•.00, 115,312.91 546,147.50 0.00• 1,215,529.771 395,976.00 14,682,00 In_terfund Transfers (4) Subtotal All Expenditures 4.093.59 30.817.00 75.146.00 137.447 81, 9572,301 3 300 00 0,0Q.' DRQ 399,726.00 5.000.00 _ 36,656.59 287,934.00 431,783.00 252.360.52 641,867.80.' 3,300-00 1215528.771 19,682 00 • Ending Fund Balances(5) 203.940.761 2,190;39134 994.471.161 691,234.63 670,154:69 564,322.671 -1.456.331.52 1.079,567.221 1,203,123.461 37.66640 (3) are per acre for ons Residential Acre Equivalent {i2AE1. Each tend use (1) Fees listed presents a different demand for _ services that are reflected in RAE adJustrnent faders. _ _ _ _ _ __,__ (21 The ending balances shown on this worksheet are actual funds available for use on future pro)ects. • -�• Because all IMF projects are Capifa0z� ed. except She street and storm drain IMF projects, the fund balance shoo wn _ _ _ __ _ on the monthly trial balance includes these projects and does not reflect funds available for use on other projects. In order to see these balances, you must refer to the Executive Report Changes in Fund Balance by fund. , • -. I (3) Only IMF Portion 1 - _ u _ (4) Figures shown _ are net of transfer in/out. j fralances refects lean of $1.523.630 made by Water {fund to Fire Fund and a loan of $627,600 (6) Ending fund to be repaid by Streets Regioned to Measurd K fund. ... , _ _-• _ ,_ -- ._ ... .- — - Note: Storm Drain revenues and expenditures were each ircreased by $26,653 to shown Trenda Drive Storm Drain which Finance showed as a reduction in revenue only. Developer was given a credit against fees. DevSertImpaslFees/IMF2001_02Summary 12/18/02 COUNCIL COMMUNICATION 1 AGENDA TITLE Adopt Resolution Approving the Final Development Impact Mitigation Fee Program Annual Report Fiscal Year 200112002 MEETING DATE: April 16, 2003 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving the Development Impact Mitigation Fee (IMF) Program Annual Report Fiscal Year 2001/2002. BACKGROUND INFORMATION: The City Council reviewed and made comments regarding the IMF Annual Report Fiscal Year 2001/2002 at the December 18, 2002, meeting. The Annual Report has been available for public review and comment since that meeting. There have been no comments received from the public regarding this report. At the December 18, 2002, meeting, City Council requested that a Revenue Summary be provided for the program from inception through the end of Fiscal Year 2001/2002. Exhibit D presents the summary of fee and interest revenue for each impact fee fund. Staff will be starting preparation of a new impact fee program that will define projects required to, serve new development, refine project delivery and construction cost forecasts, and revisit development density and intensity assumptions. This work will proceed in concert with the preparation of the Housing Element that is scheduled for completion in December 2003. We anticipate bringing the new fee program to the City Council toward the end of Fiscal Year 2003/2004. FUNDING: Not applicable. Prepared by F. Wally Sandelin, City Engineer RCP/FWS/pmf Attachment cc: City Attorney Richard C. Prim r Public Works Director APPROVED: CAnnuaFReport2001_2002 84/03/03 H. Dixo Flynn -- Ci anager 1 ,Be.Amount ( 1) EXHIBIT A IMPACT MITIGATION FEE PROGRAM .. FY 2D01763 Annual Rep -ort _ Stern Drain St6e15 Local 1 5 R Qrwl t30i{Gi F1re dark 8i i�4" G neral (-ad hies A'1 in (P Was#svrater(2)� Vdateri2l � -326 Sir 332 1215 1216 5217 1218 f214 !-� 173 182 ... c ?'wr 15 54.631; 551,601' S4.894� $.3.4�1 $1.58-4'61,5481 ...-S19,E9B� 5. 2961 ;T i r BegirinirryB�as+Ge`_.._�. 134.432.95: 1,-83,865.'18 708.024.68 479,04.001._... _32$:426,40; 440,924.73 3050033024 1,082.621.28 $08$74.111 .....^. .� Ravemros 3 44 I g�_ ., 147A7 573,810.75 551,499.49. 394,752711 258.859.8 99,491.01 ,2T5.11t 358,248.20 x89,3'i3.9a s7bBa,1iii - lrhterasiEarrled 1,313.211 20.909.49: 35,87351; 15.,745 44; 43y19.4Ti•. 21$1f1:S5: .�..17.9`,fi.sEi; 9$.47334 . 4.4,817 41; Sats 9f G Basin Export24,747,04! nevenue$1,14Et& 104.450.88 484,467.18 722,127.46 374,501.13 300,139:51 121,901.94 52,239.27 393,@69,$4 314.931.35 37,863.145.E Pe a . __. 32,763.tri7 257,517.001 355.537.00 116,312.95? 453,155.501 0.0117 1 215,529.77 395,978.00 14,682.001 , lntirftipt Transfers (4� ..... 4.145.51 �7,S37.013 435.783.Q0! 264,279 55.720 80? 3.360.60 Q QQ' 3.748 QQ' DCO pot t<f7.[i0 js t¢QPf¢{3164.279 Subtotal Alt Expenditures 35.908.59. ' !03` 549,575.86! - . 3.386.00 1,21`5,529.77 395.726:60! 19837Q9 L.7.anliepv}inent Subtotal se/Goan Est unci 3alaacesj_ 103.584.001 --1 f 653,130.80 291.98524 2.1mast .34 9911,392.09 574:°°3,12F -681.425.89 564.322.674 •1.458,331.524 1,079.557,224. 1,203,123A61 {1) Fees herbal are per acre for. one Residanliai Acre Egivraiem (RAEy. Each rand use • • _ - present a dHierant demand Tor Serviced Itit are tef{adad 1n R=tir adiushrremtL'dClois. = .l. _._._ .. . The e andfng balances spnawort fhb worIcsbeet are actual funds avallaaia for use on future pleas, .. ..... .... _ Because aid IMF ptt>leds_are capl"tshxed, except the street and storm drain ilt9Fprojects. riha fund balance•5hown ,f on themonthly Vial balance invades these projects and does not Waci funds available ...._ : ... I for use on ismer projects. In ceder la See bursa saitasoes you most rater to the ! f.... . - . i Exerulive Report Changes ;n Fund Balance by hind- _•._... . (3) Cray IMF [ _ _. ___.... -- .. .- i4= Figures shown are net [rFtrar]Sfer ill Out I -----. _. _ .. F s _......_ k .gelding fund balances reflect a 10811 d? 51,523,630 mlad0l y Wake FWsd t9 tire Feuid.2rid S loan of 5627,609..,WlE.. � -` . &t be repsid by Sfreel5 Regfonai to tri we K rind. r i Nola. Storm Drain revenues and expendkurtswera each increased by 325.653 to shown Venda [hire Sicm1 I I ch Finance which showed as a raduchoa in revenue only, Devesoner was given a credit against fres. 37,556.101(3) 7- i DevSerllmpactFeesAMF2001_02Surnmary 3125/03 VJISIIIX1 i. W stewater(2) EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2001/02 watert21 18.2 Storm Drain Streets -Local j $treats-Rgional . police 342. t. -.._.._-... ...... 121 Fire 12.1 Gu11d Ave. Improverrlents 50.7524 25,850 226.695, 38,700: Flow Monitoring 2.011 UversiieWater Main Crams Preliminary Well Des Well 26 Fire Station #4 Welt Site Lower Sacramento Road •Ceantery Meadows 4, #2 •. Westside Master Plan G Basin Hydrology Study Tienda Place Storm Drain Mills Ave Roadway i TS-CenturyiHam-'- _ Lodi Ave Track Removal 1 .{ TS-HameyiStockton ] , 12.732 Pettis Ranch ._... .�.-. t llitt•S1032 Lockeford St W iidening Century Blvd Extension i. LSR Expansion LSF:- South MTS1001Kettleman Gap Closure 16,883'; 20,5441 53,742(• __ 80,000! 7,315 - ? 10,8561 4,9163•-.. _. 26,8531 _ .--- �._........_r.- 8£18 500 Parks & Ree General Facilities . Art in PP 217 123$ 1214 i ._. 1o,455i a 4. 30 749t I i 2501 - _ - 1- T , 1 377,595.181 ---�' I 1 70.303.27j_ 5,957,05: 28.783.8$ 1 1 i 85 745.78; 131.161. g 1 ......... _ t....._.. [ 25,534'• [ 1 I - ._..._�...__._�.._ ._.. 2,[ �-......__... �.. T1 - 10,8 5800016,891. Fire Station #4 Design Fire Station #4 Construction D!Benedetti Street Impr • - Lodi Lake Bike/Pad 1-Katzakian Park Impr. Rogett Park Design Thiyer Park Fee Program Monitoring 217 E.Lackelord IMF Update Engineering Costs Transfer Dut/Irs (net) Loan Repayment Total • r •--....• .4_ 5,459 1 5418 75:146 75,146 _ _... __-. ...__�. 2 70 4,145 30,817; 150 — 89 / 95.74 -3.300[ 3.7413' 5,{iQQI r _ {. .......k9a 554 •� ..... _ . - _ _. w . j - - •.. F f � 35.908 . 287.933! 431,783 279,508 553,140 _ _.. .-�.._._.......... -----•.--- . DevSertlnipactFeestsurntriary experucicittttises01_02XL [ _ -3,300: 1.215,536 3g9,726; 19,682 - - ....•_ 3/25/03 ST TT$1W,V ' EXHIBIT C History of Expenditures of the Impact Mitigation Fee Funds 11/411991 — 6/30/2002 t,Atastewater :973 Fund ,Fiscal Years 01-02 , 00-01 99-00 98-99 ; 97-98 96-97 . Guild Ave. 1mpra eeinerxs 30,752 Oversize Sanitary Sewers Master Plan (repay project) Harney Lane lift Station )(OILeman Lane Lib Station' Fkau+ Monitorin9 2,011 Total Plo ect.Expendi utas 32,763 Operating Transfers 4.145 0 5F1 09,0 .00Q. L. 22 78.3& 223,000 128,000. 0 g4:9g' ... 91-94 . • 83'... 91-92 - Total ..._ ......� .. 0� 30,752 ....._. 771 0. 771x" • 90,173i � ... 90.1731 5yootrii .... __.. 80,9441 01 0' 414;.79 — -- Grand Total. . 38,90$1 0 ia; 0.223,000 I tzaa�aaaC . _ 90,944 � --�-- 47 8, 852 -'To be reirabursedl as Calieoted f developers. - i. .f I . ... .. • i -- . i ... I DeY.Ser/npactFees/tMFExpeni7ditf fres 3/25/03 Water -182 area Dversrze Water Main Crossings Major Water Crossings Preilrnenery Well Design Lodi West Oversize Mains Well 25 .. Master Plan (repay project) Well 26 01-02 00-01 99-00 16883; 26,517 6,84.2! 20,544 MSC Site Expansion Planning - FEW Kign Well 27 11,6991 00,347 • =440- 93,742 '•• 1#2,629 �. 9,983 GuildrTtwrrnan Const. L ..... Guild Ave. improvements 25.850, i Hiway 32 Kettieman interchange Lower Sacramento .Rd .4.. Fire Station #4 Well Site 100,096 Total Project iwx itures 257,1161 ! 268,3461 ; O rat3rtg Tranfers Engineering Casts Transfer for past projects --•-- __ •._-- Grand Total Fiscal Years 98-99 ' , 97-98 . 96.97 95-96 94-95 93.94 92-93 91-92 •Total 13,101 16,369 37,146; 9,858 16,500; 12,100 " 3,224 , 18,897,_ 177,442 9.3.31 i - 1i 1141 • 9,331 14,816; 11,793 ' 919. 35,653 ..... 1[35,$$4 i ........ _ i .. -.. --' 5 965 - _ ..... _..=9$IH5 _..._... T..... �__ _ ___._....1 T1, : -64.0 1.4. 8921 22,29'3# 272,641 28,300 1,6003 , 16,623 = 1,350. 12,332 33 23.50 } -•i 18.000 3.587; • 324,829 62.516 1 t 62,516 1,610= 241,568 • T • 1.. _.. _- 1,600 ...__._...,f 27,9 "r 12:864 23,508 25,850 18,000 77,519 6...106,-0 71,593 40.687` 18,468I L 38,0381 50,554' 3172,544; 103,844 4.4,842 18,897 1,214,938 35172 _ 35.311 30,817 .... i }..�-. _...... 5,023; ... 4,803. 4903 1 139 I 42,133 • 71,593 40,626 1B,4E8 38038] 50,564- 343,7361 108.647r -45,332E 18,6971,292,382 287,9341 T 268,346] DevSerfirpactFees/lMFExpenditures 3/25/03 BTORIN F}R RitJ - 32S 0 i �Q2 ?G 61 99-00 9&3' O+rfrrzs5!csmDrain r• 77,519j Lower Sacramento Road j 30.000{ , . • • r . •l [Mile Ave - - j 22.6,.595 - - - YV�919ide Hasler lan 1C,8.'-8! 18,2321 12,3.441 4 a Basin tlydodogyStudy 1_.. 4.9i4 8£I }.. G Basin Fence&ExCara6cn 1. 1_......_ 01 ..Y___... 1 • r 7515. 1 SD Reisnburs=_meat (Masser Plan) • WESIowB Basin.iPefemop Paste} .... • ------•, •� E Basin SCFIrT55.0qmrdi Aeilerson ..... PWey_Park FanGe RB7orllrsspro�.e £very Dr Storm Onix _ TlaridaMyst Storm Drain '• ..-_.._. �. } SA9yst r : Model — — �.......... _.. Storm brans kista9 — 28.704 1 1 i.+.__.._- 4- 1 • 1 1$;344 y I i, 192 L. i _.. t.,......._ .. .. . 97-98 Fiscal rears ]98-37 4 .. • 164,4145 94-95 93-5» 92-53 51-52 ;Ta 77.515 : 50.900 33,14�a 854; 50.000 226,6as 41,432 4Z 999 6,503: 861' •--7,561 1.732.528 7,545 118 37 5 992.809•A i • 57.000 • 121291— 15,24411 739,213 205,246, #64.36 12.7835 - 53,135 37,953, 4- 3,501! 1,608 557,117 3is,r�za 20.952 151,018 10,054 . _ 1__ ..__...� 134,086 L. { .A65Enai xnnrcyMeadows 7,515 Tsenda Place Storm Dein 26.653{ ..__._ .. jj ice— , Loci West 1,2,3.4,5, 6,7 • , 4-12.325. 35.861' �_ ... 061! 1,081 24,682: 24,552 98,580: Total Pr01ad Expenditures — - 358,637 _1,828,279 66,425 113,206; 1,278.505 441.567 176,653 322)825: 354.526 •155,8261 Operatingrran 1... .._ �..........._ .. _......_ ......• Ear m�80in46o;$.7 76.146' 716540' }. 112890 75.396E 99.OQA __ .. 94,113 10.939; j • • Tot lExpendi,ures& Transfers 431.7031 1,944,8791 I 579,215 1 188,695; 1,317.60}^[1 441.567 220,7$6 393.7841 31.4.526 155,8261 . -.. . .... I • -- .i.-• L__) — - _ _.•-- - --__._.. _....__ — ._ Grand Tonal 431.7831 1,044,57.9! } 17931501 166.6Q5j 11,317.51}9 441,567 ---220,7661-33-3.744.1 354,528. 155,8261 31.653r 5.561.125 • 5.294- 7.5/5 28.663 546.63 31,593' 5.107.038 474,091 31.593E 5.581,129 DevSernmpactFeesflMFE speodituros 3125103 SheSis - Logs; 327 Fund 1.01-02 00-61 fiwXi2IL$ SvnweS! P1 -target 7i 5c 5Qlals Cefstwyy Bifid_ W d�ling LSR MinorWrdeming-Towne Raott, Erm 5k Wldenii5W/ SR T5 -Woadi+aveM.SWTumer' LSR PrP:i.?f. Ener.. S r Pin -repay P Hvtchurls S(•Lodi do PtneW A . SVeal lrrgrrov meo Thurman Str'a3et Improv erste Excess debt of way TS TurnerRiUMibAVe-.. . 146115 Ave Roadway 609.20 Ttwrmall St RR Crossing 1.1vH9.9./12 irriOrdFanie .-_... _.._; Goildlinurmen Construction Ga llsINine Improvements Gu11C Ave. t rm ?b LSR Grlpravernent >:_k5ca! Year ;9B-34 .97.98 .:95.57 95-56 • • F 1'7771 60. ..- _.. Z9.575.35'1,2:44 ' 15,17x.8$ 1081:,56 .._ i .... - 18,979-32" 11' 10, .P.15 1 ! 31S60.003 .. .. .... - - - 69,107"20 1 - - 411.41; 2,500.00 195.283.77!; 17$,209,631 -- 4,577.41 108.520.151 -...,... `3.59.0oo.00 ' ---1._..... _ 94.95 93.94 52-93 R 1-92 j To4a1 175.395.58 Iri3,00 91.170:20. 267 3 17.38 • 2391 14,:33.97 1.700.00 73,$]91.00 2796.461 10,144.30. 2,005.08 2,840.00 26,493.98 1,600-00 985.75' 7.26 t332.329.621- 36:65r9,74 3$.3x9.621.•38. 74 17,414.25 .00 6.512,081! TS-CentintArn Lodi Ave Track -Removal Y1�es3 ldeFac 6 les M#$26r _ TS-3larneyiSIoc tars Pae 5is Ranch 1tATsi63x Ladcef-rri $k W1rleeteg 15^416 81 675.00! 1x73225 16,055.02,0 3074051...... - ...... r .. -4 83,618.21 • - 231.91 89,812.97 2,793.40 1$,149.313 22 293.59 2.585.75 83,018.21 ...... -7.05 73,034,58 79,979,32 14.&80_pr'3 60.107.20 377,21214 1 14 ,097,50 350 666,66' 342,829:62 r = T 117,414.25 7.112.02, ..1 L ....... i 16.09 161 {.... _._.._ -'- r_ .._: •; ~r ... _.. -780.94 Gerilt y Blvd Ex nsrarl _... • 250.0G .... , .-.; 34,348.25 590,316.53 357,838.86. 16.772,63 32,091.86 Total Project Expenditures t]psratirrg Transfers cngmeenrig costs 75,145:60 23,150.001 27.405.261 31,64.5.40 17.374.14 15,755.64 17,761,57 271.64: ' i 214.629.44 Frs13slerfprpas1,rpjec13 l 89,149.52 I 45,976.46 15,129 813 26,022.40' 26,55846 14,694.43: 217801,47 Grand Totatsi279,608:8.3 395.243,991 61.753.57 621 931.93 355,21350 60,904.73 65,073.25 126,023.26 148,900.71 94,671:821. '91,17.0.20.2,322,124:43 -Figures shown are net oftransfers inandaut_ _T its--;.," as reErllthwsed m tfleiwld in 99-06 by the Federal program. 1 _.,. . - .... ..... __.. . 115_312.51 i 366,093.99 1' l l • 1.6,455.09 30.746.91 • 280.011 101,729.02.122.3#2.25 79.177.391. 99,170.2011837,756.85 DevSerdrnpactFess,'lMF5xpenditures 3125'03 Streets .. ional 332 Fund 01-02 .00-.01 Fiscal Years ....l... 9.,.,.. 99 C)0 98 99 J7 y8 136-97 55.96. -11.tisc Regions Si Improvements : I 3,607.00: 92,601.69 95274.24 LSR ... ... ........... _. . Expansion J 37'7,,595595.7188: LSF: LSR - South 70,303.27 1:499,12 Interctiange • TS 1Celfleman/M Is ' • T&LSRNIne I ,254 0• 00 j 431284,114 !306,585.34-11 3,974.48ri I 2,030.40 ; I. 96,494.85----Fr.1 Hl FS1001Kettleman Gap Closure •5.957.051 Total Project Expendllures J 453.855.501 Operating Transfers Engineering Costs • Transfer far past projects 68,472,79: Transfers mit 27,247.59; `.j. . 106.b`12.48 &,665.54 i 3,507,00] 689,314.10 4,495,581.88 59.248.72 ;106,622 48! 6,665.54? 1_�-- . r I P. ,,060.42 1 9,412.98' 12,876.24; I • • 108,564.L![3 103,564.04 103,564.4!01 Grand Total' 653,139.6-0 3,607_x0 r �6,314.10 (495-r,6.$1.88 108,309.1.4 116,035,48, '19,54111..78 1 _t._..... .._._. I _i— `111an was borrowed from Measure K on a 10 -year._._ _ - i_ *Money repayrnant saledute.; I 1 T .__ 95 :93.94 32-93 191-92 r • i• Total 19Q.482.93- 377.595.18 254,000.00 70.30327 743,843,92 I 98,524.85 J. 113,288.02 I_... 5,957.05 . •. i.31,349.64 - . 88:472.79 r .27,247.51 , ._.... •____t_...---- _„.-� F -310.55.60 i. _....__..111..._ .._...-t -2.292,757.16 DevSerfimpactFeesflMFExpenditures 3/25/03 Fiscal Years PQLACE -1215 Fund X01-02 , 00-01 : 139-00 f 6-9.8-55 97•-98 . 96-97 :95-9E 94-95 :93-94 32-33 92 Total – ... ,`•_r_ -. �, _..... .i .t. }........... r i - 3300 PEI Pleasant & Elm 3>3Dt '.____. _..... _. _�_-'-.... --. ... ... .._...... { .... ....._.. .. •{ •T _ 6-y i } � 164,6061 3,95l3i f 7fi8,550 Carnegie Basemen • # i .e PSS Master Plan . i 79,974! x ��........ ._. I1-19,974 c Hail ExpanssonlRemodel R .• 45.1124 . 128,&9 k..-- __.,. _ _ ....-- ._. -__d .1A Repeater Systeriii.. ._ t s ' �-I-- •–k _... 28,0441 :. 1. Police Vehicle 1 :. _.l 43;242: 25.000 • 16,/56 t• i ' i i 1 -1 I J.. __ l.. 1.. s j – I P . .. ' 3.31---. ...o1.,i --- �;_f..._......�; 230,0.86 132,648 -8;242 51,040 --....__ 1 . '4Ei8,82 Total. ro4eci x ditwssr ..... t_ ...... ....:1.. ..._.. 1 i.... . __ ........ �_ ..... E_...– • atin Transfers •3,3A0.�! T , ; - 1 i t . l'-3-,300-.00. UAB r 7� Engineering Costs — t 132 f 3,T5 5 889 • Grand Total` -3,300.00 3,300: - 132, 1 235,6431 132,6457 -8,242F 51,0401 T T 411,421. QevSerllmpacc1FeesfiMFExpenditures 3t25103 Fir; -1216 Fund •Fine Station #4 Design 01-02 00-01 99-00 •:`98-89 28,783.98? 190.881.01;, 16,374.66 Fire Station #4 Construction 1,186,745.79,_ 460,173,01 PSB Master Plan Westside Fire Station i I • Lease Payment on Quint App Total Project Expenditures 11,215,529.77. Operating Transfers Fiscal Years T97-98 196-97 .95-96 94-95 8394 ! 9,306.581 l21,293.15t 742.054.021 10,374.681; OM • f UI - 872.62. 4 9,308.56 21,293.151 0.00 872:62 171.74? ; 532.82; 1,978.74 Grand Total 1,215,529.773 742.054.021.;10,374.66? 9.480.301 121.825.977 1,978.74; 872.6.2._ • • 92-93 s1-92 Tota€ I_._ ..�..... ,:....F 230,039.65 -f.._,_.•......: '.1,646,9' &8O' 30,601.71 • 872.62 i 91.000.00 1,999,432.78 • 2,683.30 DevSer/impactFeesftMFExpenditures 3t25103 Fiscal Years PARKS & RECREATION 01-02 '00-Q1 99-00 98-99 •97-98 9647 .95-96 (94-95 93-9.4 x9243 91•,1.2 ;Total beSenedetti Street trnpr 31.1889 - G Basin/Benedetti Acgsisiiion Lodi LaIw Btke/Ped Katraiiisn Park kr�iprove. 8ridgetcwne Park Purchase Brrdgetowna St. Improvements Westside M25csr P.San C 15.93$_ F 608.783E 25,534 72.269 27' • 560 299,587 121,731' 314.915 53.257 28.437' Thayer Parte 6,895 , 27,271 -t 8ikn/EiniH.pcust Properly Appraisal 9,000 1.000 misc. Reimbursement Agreemerit 92,018! Rage• ParkDesign- 70.840 enda �Pjarit Ac uiisition ,' , enda Ti Pixley Park Stree! 7439 --.....-_ 0P-66°. (Petersen) Westgate Pant Site3niprovemeois Peterson Park Improvements L... _.._ . Paters[an Park Restroctms , 137,$67 Mise. Storm.Drain @Park tleighbortsDod Park Sites indoor Recreation Facility 27 12.3781 '.__ 345,3611 15,ti �1 11 2.638' ' _ 7401 ij 1,6811 1,8.30 it 157,720' 235,Q9&. Y2 _ 185,133. 224: :...._..._.... 3,901 546 7,307: 300 P & R Master Plan • 49,826 To!.?!Pmreoi E aures 395,9781 1 1 min 27 469 46'1 v 60•a• • • 49,826 • Operating Transfers ._.._ ....� 1. PYTranster for Peterson Park • 3,7481 1I Res. No.2000-44 HSS to OF � I I Engineering Costs to OP -1 Adjustment _ _ t .1 Credit given for purchase o[ 8r dgetavme Park 1' '1 808, 789 97.843 571,267 4.94,903• 28,437 16.938 219,3h9 10,000 104,423. 7438 305.36• 111,580 12,104 402,215 137,567 224 3.906 300 49,626 i3,185,137 3,748 1,006,958, 1 ......... �_.. i �i3OoS;958 x..64,629#' 43878 19,895! 32,309! 241 -6,833 17.565: 160,711 --r- t _ , ............. l i }..._..� E._ ....... �.. s_.. .... .� _. .. ...—i _.... __.-._._.... _ not shown as expense ! 16•,36.• 161,339 Grand Tote, 399,7261 k 1„300,$65: ? 1,540,008' ] 126,2911 240,057-r 906.725 35,433. 7,6071 67,397; 014,917,995 DevSertimpactFees/lMFExpenditures 3/25/03- Fiscal Years -r"fES 01 02 4Q-00 6 GENERAL EACiLB. _ .......:- -199-00. � . ..38-:99 98 197-9fi-97 ': 95-96 94-95 93.94 •92.93_ 91-92 _ ?Total ... __.. _. .. . Fee Program Monitoring 5,4591 217 E i ockeford 6,518: 155.450; NM Fee Update 2,705; 32,6671 ;? 44,6601 City Hall Renzode; ._......... •-f !_........... F i.... 689.000 -i 5,459 186.968 f_ _ ...._. or 936,4.58 •- '1,000,400 _ _ 4,70 8:267 1x;€33' 7�.53tii 30,97E 1-19. ,853 -Tr-- -�• �_.. _.{ - L , 394,465 I 354,485 —893,7UZ▪ 1.1' ▪ 394,465 . __..6,207i 12,93Z 75,5361 30,476 Total Project Expendiiuresr-14,682 188,11i 1 44:660 61 _ ---- 0 689,000 __'_...... 0! .. 0`..... Operating Transfers ,..... j-- .' _.... City Bali Remodel per Res No. 3.00041. .1,000,900I General Pian Study •• i`_; En eer nggProgram Adm .' ,1 Data Processing Software 5,000 Preparation of Gen. Plant@ OF --T_ Grand Total! 19,862 188.117 1.044.5607 2,460,777. Day Ser/tmpactFeesflMFExpenditures 3/25/03 93-92 92,93 9_3.4g 2,x#.38 �_ x88,58 44.829.80 58.133.80 $caa _ 4;444.03 29.2...6 20 IMPACT MFFIGATION FEE PROGRAM SUMMARY OF REVENUES 1991 -2002 .98 -81 97-98 - '.3":786 5.8?,.'.7 .318.3.). 64.494 70 27 240.00 55.398.1.4 98 [1,693 _:?2i 82,707.28 88 r.90 !,86'9,7$ 50,853.01 9u1 8.599.58 •• :x0.205.21: 01-:2 7.'.:3.21 97.1-47.67 Total! .. ' _ 65809$.sf2 (4.'145:59 weeterrner :75 Fume iren>,•;rnr,_a 5,525.28 Fee �mnt 7,5519..40 r �:04ai' 9,144.68 1ranxer •„ rnn; _. .. srcv' 9,144.68 • t.euttreetx.�•,.,- 220.31 ,e Re,.... 24.367.20 47,453,18 58,823.38 ... 47,463.18 58,20.33 7.055.94 r_ (8x965,445' 243,8118.40.• 305.724.40 33.552 28 ....... 33,682.28 24,080.59 ; 446,947.40 ' 771,74235 3.134.11 71_,742.36 33,134.17. 22,164,52 34,3.2r37 a .60 337,8 .,0 c.50 '41 ,1.2 68,079.77 58,079:77 . 43.030.33. 340,57525 81 014.28 ... .. 8.1,01421: 73,464.46_' 50=,52?.;;9 " 52,273 77 - 959,203.79 : - --- , 52,273.7799•,20•3•19 . &6,543.46 1, 84:827.23 I .. .. 29.1 04t?!.T8' 389,3{7.49 104.460,88: -- 54,145.591' 108.315.29 2.;,649.41 47'5,310.75 .... 654.853.53 — 3,467213.73 - - .--.....-_- tow. 25,987.51 Stena, Pepin 323 Fund ( sm>e>a>t Aar nt 21,746.8.0 j ... �._. . 5.kM R e.,,,x: ..__ ix/0 Revenue f 248.325.38 256,874.34: 343,759.0.0 ' 171,028.0.9 ; -• 25,6.{15:71.;, 43,355.96 41,4x59.83 '. ......... . . ..-- 274,32.5.57 i 428,576.30 i 2.38.036.80 . 350,645.02 • 175,51298 68.752.34 ?0,{36;92 •_ 375.508.60: 258,998:86 388,605.52 _ 45,139.77 -• 450,850.50 ; 477,991;85 ; 60.452 R2 794,377.84 347,683.54 • -'102:738 49 ' 6-81,857.05 . 474,194.72 7,296 31 1'05,368.85 ; 1 494,460.16. - - 3_5.813.91 24.747.1x14 5.... 634,848-.5d.! ®atone 270,066 Ski r_ for Lees 0x6;1'0 e�!, -• --• r 't.eodz Flan i Z99,�31 28 471.945.56 3 279,475.69 98.579.60 = 35,881.00 - ., . 444,2%3.94: 317,135.55 I . 435.989.57 1 163,810.10 248.503 10 ' 855.33.0.66 984,595 34 . 712.652,96 535,467.50 - 5,816,8662.20 , .. . 546,753.35 28;653.00 - .. . 26.653.0 rose: 270,856;15 1 395,816.55 8.354.29 316,926.70 ; 471,945.26 ' 315.337.63. 18,272;71 ' 28,097.58 . 310.529-x! . 230.007.54 ; 444,260,94. 307.135.58 37,25224 - 42.048.56. 167,401.15 i 122,813 31 • 908,314.87. ]_ • 43.391.41 1, 151230.66 .1 8553330.66 1 28;061.28• 333.612.28 ' 984,595.54 27,4416.79: 254.079.67 1 712.66195 - 38,237.91 242,090,80 • 722,120.56: 4. • 19.748.44 J-54,81'6-95 :—. 6,390,281.00 2,936,684.14 27,247.51. Fee 1.4sAlInnete32.5 Fund Interest Revenue ; 3,542.24 n:-aenue 77.737.80' 5.nw>u: 181280.04: ... .. i.ygenu.Arl - I 326,28"99 - 328,80251 � 258.105.2' ... 22463.39:• 184,856.87 I .,.... f 184,622.08 t 351,573.53 ; - 241,485.46 280,326.71 ;2f. 374,564.36 f 47.51 :ow: 181.230.04 • Region& Strema 352 Fund 1420x66: Aeveue ...---. . Fee rm.ersia 326,280,99 328,88E-51 258,105.20 _ .. 224,653.39 I —164.866.87 293787,78. t 9.345.665' 135,704.35:893734 194,522.08 5.508.94 156430.32 351,673.53 i 1. 56324, 1-„_ 244,585.33 241,488,46 ' 344483 775 _ 194,780.831 280,326,71 ' 37,672,55 J 175,30757 .57 4.01,811,87 G 2,963,911.65 43,249.42 256,085.68 j apnrr --.... �. _...___.. _ - �..-...�_-.__ tronelen E„4+h1 Taw: .... :_- N114,11215 Poral - Went% Revenue 489.22 1 tee e:e.,ue • 10.150.34 I _ �{_.. - - ^-_...--•- -. 3,886.43 5,086.48: 63.213.30 r 70,908.20. •.. -- •......._._.,:.- ..� .....6_..92...._ 165,k92.t7 98,28294 -- -- 762,939.261 � 253.1fi4;57 1881244.80 2!3.179 i •I--'--. I _ +e 785.08; 1.382.368.23 527.247.57}{ .... --'{{27.24':$51 �.. 13,510.97 153,013.50 ?85,49211 i ..___9$282:84 ?y • _ _ _ 17.731.97 6,541.61 63,515.90 ' 41.072.80 762.9'88.2& 5,379.25 70,597.37 253,18457. _ •9,790.49 • 61,810.53. 189,244.60 '. 15.076:32 1 117,387.60: 218,179 .87 ' 5 31,47.81 -. ' 9 5.058.27 1 272,937.57 ; 5,355.3{16.72 __ • -24,619.83- 98.491.01 ; -- • .. . . 975.743.79 J *xet 10.625.52 ' tnvnee: Revenuc 163.87: r Fee tieverwe 3.57• .Btu I 801,102.73 - 75,99488 153,527.47 1.202.999 2,440.05 ! 5,945.04: 19,204._7 ' 32.359.30 1 58.079.50 1 81,247.37 , 49,764.41 - 7,514.90 - • 5,819.51 .1. 27.715.10 16.534.30 75,976.65. ... '9,313.11 r 39,757.55 ' 71461;02 12.017.27 35.635.98 132,463,92 15.018-32 _ ... 70.240.24 ' 127,533.58. -65;527.96 ,-• ._.__.7 51,381,07 1, •._. 123.101,94 ' -' 17.956.16 I•.�--- 44:275.1'5 I _.-__._____ .._- 543_184.56 —25,353.51 --- sew 3,741.47 .. .. ..__.. 29,412.59: 34,799.35 • 82,075.65 43.78 22,174,89 ' S2 r 55.00 1 ; 24,543-30 512,178.70 6+3.39120 35,33.... ..1 78 145.15• :63,64•9. 45 :� 422,672.90: 206,102.80 1 49,070.99 •_ •_ 68.256-15 ` 386;6339.18: 47.654.25 •85,256 56,583.72' 6627.331.32 . 55 • 98,257.23 981.450.170 1571308.03 ' _ 6$,952.48.. 49,578.88 I 689,736.89 ' 52,23127 r f ` __ +— • '3-8•',al-04T 386,2.0.20 ; Pyike�Ree12l7Fund 1. 0 i?uI I4 R n4a+1 45 3 5�k-d C:+IY Peuperly Fee etee«rw 9.905.40 j ,....�.,_.- .- - -- - .. .. 5,537.253.20. '}S 361.20 5,686,64 •_ ... ....ti 5240411 10.356.704-• softy.. ;m. 1 24.,787,08 , 541.351.59 5x95,151.20 .,500.818.05: , 289.752.25: 454,895.33 161,361 ' .x9 724,495,04: 1,089,71723 _ 808,2206.83: 396_661.94: ! To•e>s� 19,353.70 24,787.98 541,351,55 856,151.26 ' . � ... _ .. - 0100x0 Facd7;in,4218 Fum1 - !mama Reuenue 344.14 71x5,08 12,"[51.03. 35.815.32 ' FEe_ zenue 14.644.$0'.....-•35.528.60' 375 u.— 3Q 400,22'5.4"0 540,818.05 ; 2&5,752.25 � 5 •. ..8 ..' I... - : .. .. 3$,4"21.23 1.' 14.382.02 1 253.$37.90 ....133,513.20: 292,259.13 • 147,695,22 . 615,258.53-.. .. 20.454.84 • - -_ - 3$6.010.57 316,485.41 ' 7Fd 96,04 � ........ ... . 63,824.21.... 448.881.48' 432,585,87. #,089,797,23. .. .. 48.4.37.15': 624,476.73 -' 572,916.69: 848,286.83: .. ._..... _ ... ... 57,826..55. 417,549.09; 474,775.65 ' 398,865.94 ' .. ... 44,817.-4` 1 _'._.— 255,313.94 314,131,35 .37 686.10! --- 3,6471147,39 X10 rose 14,985.94 ,411 i.IP,d,l], P Place. 1214 Fund 10:6x657 fteveM .._ ...._. .... h e Revenue --I. - 19,294.88 367,653.33 __. .. 437,040.92 1mai� —x.203,166.10 L. 2,573. l l L .. ....._...._ ' .7.____._-054.9—..—._ 3�,79S,S38.3#,3,3518054.94.•_ -------•- 3746&6101 _.._....._.................._...F........,......-.,•.9; ...-2:136.873.43 124, ' 535.295,04 5.771,72637 .117 1......,291:;*: 2.3. 2.833;392.99"..r ---3,385,M0:85: I 2,982,d'I- 25j7'34547.37 751544"5 '5 !0.111.• only lIoee Sle,nn uFUin,e ,tnnn, s 7rAr>#.+1i1Kfl9ans1o. r vej*C4 Wn 1&0.5460 use expet. rt sXlCM. r . 1.25193 a r l Sf r riv i RESOLUTION NO. 2003-67 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE FINAL DEVELOPMENT IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2001-02 WHEREAS, the City Council reviewed and made comments regarding the Development Impact Mitigation Fee (IMF) Program Annual Report for Fiscal Year 2001-02 at the December 18, 2002, meeting; and WHEREAS, the Annual Report has been available for public review and comment since December 18, 2002, and no comments have been received. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Development Impact Mitigation Fee Program Annual Report for Fiscal Year 2001-02, Dated: April 16, 2003 I hereby certify that Resolution No. 2003-67 was passed and adopted by the Lodi City Council in a regular meeting held April 16, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2003-67 AGENDA ITEM E • 14 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Receive the Impact Mitigation Fee Program Annual Report for Fiscal Year 2002/2003 MEETING DATE: June 16, 2004 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council receive the Impact Mitigation Fee Program Annual Report for Fiscal Year 2002/2003. BACKGROUND INFORMATION: The City Council adopted the "Final Report, City of Lodi Development Impact Fee Study," prepared by Nolte and Associates and Angus McDonald Associates in 1991, as well as the "Development Impact Fee Update Study," prepared by Harris & Associates. These actions established and updated the City's Development Impact Fee program. Staff has prepared the following exhibits for: Exhibit A — A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2002/2003. Exhibit 13— A summary by account of public improvement projects on which fees were expended during FY 2002/2003. Per State Law this information needs to be available to the public at least 15 days prior to review by the City Council. This information will be brought back to the Council for review in July 2004. FUNDING: None required. Prepared by Rebecca Areida, Management Analyst RCP/RNpmf Attachments cc: Wally Sandelin, City Engineer APPROVED: J Richard C. Prima, Jr. Public Works Director ixon lynn, City Manager CIMFAnnualReport.doc 6/7/2004 DevSer/ImpactFees/IMF2002_03 Summary.xls 6/9/2004 A B C D I E I F G L H I 1 [ J 1 K EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2002/03 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets -Local Sheets -Regional Police Fire Parks & Rec General Facilities Art in PP 7 Fund #1 173 182 326 327 332 1215 1216 1217 1218 1214 8 9 10 Fee Amount 7/1/02 - 12/31/02 (1) $515 $4,031 $11,601 $4,699 $3,402 $1,584 $1,548 $19,886 $6,400 11 Fee Amount 1/1/03 - 6/30/03 (1)_ 525. 4,105 _ 11,813 4,784 3,465 1,613 1,577. 20,249 6,517 2% 12 13 14 15 Beginning Balance $203,940.10 $2,190,391.76 $998,470.55 $601,233.94 ($127,254.85) $564,322.67 ($1,458,331.52) $1,026,751.26 $14203_,123.65 $37,666.10 16 as of June 30, 2002(2) 17 18 Revenues 89,132.59 446,738.77 1,092,359.50 498,728.39 344,250.97 319,132.15 181,653.85 1,044,533.80 645,857.42 95,104.25 19 20 Interest Earned 9,413.41 20,764.45 39,848.70 20,207.64 14,030.52 18,086.561 5,213.59 43,601.37 30,588.04 4,272.06 21 22 Sale of City Property _ 0 0.00 10,794.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 23 24 Transfers In 301 000.00 0.00 0.00,, 113 9,. 0.00 0.00, 4..251 Q„QQ_ UP. 217,888.000 25 26 Revenue Subtotal 399,546.00 467,503.22 1,143,002.20 518,936.03 358,281.49 337,218.71 186,867.44 1,088,135.17 676,445.46 317,264.31 27 28 Expenditures 807.71 117,583.02 280,782.69 333,457.97 644,134.84 0.00 126 306.23 38,551.81 0.00 7,255.00 29 30 31 32 Transfers Out 0 1010 9596 75.145.60 103.192.07 19.051.04 0.00 04¢f] OQ. 1.587,347.00 0.00. 33 Subtotal All Expenditures 807.71 128,542.78 355,928.29 436,650.04 663,185.88 0.00 126,306.23 38,551.81 1,587,347.00 7 255.00 34 35 36 Net Assets/Ending Fund Balances $ 643,099.39 $ 2,529,352.00 $1,785,544.46 5683,519.93 (5442,477.00) $901.541.38 ($1,397,770.00) $2.114,886.00 $292,222.11 $347,675.41 37 38 Reimbursable Charges (40,421.00) 39 Loan Repayment In/Out 186,867.44 (118,700.00) (186,867.44) 40,000.00 40 Long Term Loan (756,770.00) (756,770.00) 41 Restricted Net Assets/Fund Balance 602,678.39 2,716,219.44 (1,317,947.00) 1.584,637.44) 1,398,116.00 42 43 44 Footnotes: 45 _ 46 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use 47 presents a different demand for services that are ! reflected in RAE a.'ustment factors. 48 49 (2) Taken horn 6/30/02 trial balance per Finance 50 51 DevSer/ImpactFees/IMF2002_03 Summary.xls 6/9/2004 Cell: D22 Comment: rareida: Revenues to the IMF Storm Drain fund from the sale of dirt from G -Basin (Debenedetti Park) Cell: B24 Comment: rareida: A reimbursement by a developer for the Kettleman Lane Lift Station was deposited into the wastewater fund. This transfer moved the funds into the IMF wastewater fund. Cell: K24 Comment: rareida: Transfer of 2% of Police Facility construction contract. Cell: C31 Comment: rareida: Transfer funds from IMF water fund to water capital fund (180) for water facilities constructed prior to 1991 with capacity to serve new development Cell: D31 Comment: rareida: Operating transfer (storm drain fund cost of services) Cell: E31 Comment: rareida: Operating transfer (street fund cost of services, $75,145.60) & $28,046.47 -Transfer of funds from IMF local streets fund to street fund (320) for street facilities constructed prior to 1991 with capacity to serve new development Cell: F31 Comment: rareida: $19,051.04 -Transfer of funds from IMF regional fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. Cell: J31 Comment: rareida: $1,460,147 -Transfer funds from IMF general facilities fund to general fund for IMF program monitoring for FY 91/92 through 02/03 & $127,200 -Environmental Impact Report for Housing Element ($127,200) Cell: B38 Comment: rareida: Reimbursable charges for Harney Lane Lift Station Cell: C39 Comment: rareida: Fire Station #4 loan payment from Fire IMF fund (1216) Cell: F39 Comment: rareida: $40,000 -Loan payment to Parks & Rec IMF (1217) for Lower Sac project $78,700 -Principal payment to Council of Governments for Hwy 12/99 project Cell: H38 Comment: rareida: Fire Station #4 loan payment to Water IMF (182) DevSer/ImpactFees/IMF2002_03Summary.xls 6/9/2004 Cell: 139 Comment: rareida: Loan payment from Regional Streets IMF (332) for Lower Sac project Cell: F40 Comment: rareida: Remaining loan due to Parks & Rec IMF (1217) for Lower Sac project Cell: 140 Comment: rareida: Remaining loan due from Regional Streets IMF (332) for Lower Sac project DevSer/ImpactFees/IMF2002_03Summary xls 6/9/2004 Project Nu. Account No, Dos.cnolFon EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2002/03 Wastewater(2) Water(2) Storm Drain Streets -Local Streets -Regional Police Fire Parks & Rec General Facilities Art in Public P1 173 182 326 327 332 1215 1216 1217 1218 1214 MSSI002 173002 Flow Monitoring MWS0003 182041 Water Utility Planning 182450 Oversize Water Main Crossings 182460 Well 26 MW WW03 182465 Subst Test Drill MWWI005 182466 DeBenedetti Well MSDI015 326008 Century Meadows 3, #5 MSDI017 326017 G Basin 326032 Westside Master Plan BOB 2,828 24,400 47,097 16,438 26,819 272,506 4,900 3,377 MTSI014 327004 Century Meadows 86,152 MRRX001 327005 RR Track Removal 3,236 MTS023 327008 TS-Century/Ham 2,821 MTSI032 327011 Lockeford St Widening 23,648 327013 RR Track Removal -Lodi Ave 36,024 MTS013 327070 TS-Hamey/Stockton 156,177 MBC003 327072 Mills Ave Roadway 3,821 MTSI001 327088 Kettleman Gap Closure 21,578 MTSI006,7,8 332011 LSR Expansion 271,066 MTSI009-12 332048 LSR - South 211,761 MTSI001-03 332088 Kettleman Gap Closure 136,444 332031 COG Loan Interest 24,864 1214001 Art in Public Places 7,255 LDF001 1216139 Fire Station #4 Construction 2,994 LFD002 102012 Lease -Fire Equip (Transfer)* 123,312 MPRO45 1217797 Eastside Park 38,552 Total Expenditures are as of 6/30/03. 808 117 583 280,783 333,458 644,135 126,306 38.552 0 7,255 DevSer/I mpactFees/I MF2002_03 Su mma ry 6/15/2004 A B I C ] D1 E 1 F 1 G ] H ] I J 4 K 1 EXHIBIT A IMPACT MITIGATION FEE PROGRAM 3-1 FY 2002/03 Annual Report 4 5 6 Fee: Waste.vater :dater Storm Drain Streets -Local Streets -Regional Police Fire Parks & Rec General Facilities Art in PP 7 Fund,:. 173 182 326 327 332 1215 1216 1217 1218 1214 8 9 10 Fee Amount 7/1/02 - 12/31/02 (1) $515 $4,031 $11.601 $4,699 $3.402 $1,584 $1,548 319.886 36.400 11 Fee Amount 1/1/03-6/30/03 (1) 525 4105 11.813 '4;784 3.465 1.813 1,577 20.249 13.417 296 12 13 14 15 Beginning Balance $203,940.10 $2,190,391.76 $998,470.55 $601,233.94 ($127,254.85) $564,322.67 ($1,458,331.52) $1,026,751.26 $1,203,123.65 $37,666.10 16 as of June 30, 2002(2) 17 18 Revenues 89,132,59 446,738-77 1,092,359.50 498,728.39 344,250.97 319,132.15 181.653,85 1,044,533.80 645,857.42 95,104.25 19 20 Interest Earned 9,413.41 20.764.45 39,848.70 20.207.64, 14.030.52 18,086.56 5,213.59 43,601.37 30.588 04 4.272.06 21 22 Sale of City Property 0 0.00 10.794.00 0.00 0 00 0.00 0.00 0.00 0.00 0.00 23 24 Transfers In 301 000 00 6.OQ 0.00 0 00 0.000.00 0.00 0,00 0.09 217.8?8.00 25 26 Revenue Subtotal 399,546.00 467.503,22 1,143,002.20 518,936.03 358,281.49 337,218.71 186,867.44 1,088,135.17 676,445.46 317,264.31 27 28 Expenditures 807.71 117.583.02 230.782.69 333,457.97.* 644,134.84 0,00 126.306.23 38,55181 0.00 7.255.00 29 30 31 Transfers Out a 10.959.76 75,145.60 103,192.07 19.051.04 000' 0.00 9.00 1.587.347.00 0.00 32 33 Subtotal All Expenditures 807.71 128,542.78 355,928.29 436,650.04 663,185.88 0.00 126,306.23 38,551.81 1,587,347.00 7,255.00 34 35 36 Net Assets/Ending Fund Balances $ 643,099,39 $ 2,529,352.00 $1,785,544.46 5683,519.93 ($442,477,00) 5901,541.38 ($1,397,770.00) $2,114,886.00 $292,222-11 8347,575.41 37 38 Other Fund Activity: 39 40 Interfund Loan 796,770.00 (796,770.00) 41 Reimbursable Charges 40.421-00 42 Loan Repayment In/Out 186,867.44 (40.000.00) (186,867.44) 40,000.00 43 (78.700.00) 44 Interfund Long Term Loan Due/Payable (756,770.00) 756,770.00 45 Long Term Fund Due to Others (542.900.00) 46 47 Footnotes: 48 49 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use 50 presents a different demand for services that are reflected in RAE adjustment factors. 51 52 (2) Taken from 6130102 trial belance per Finance, DevSer/I mpactFees/I MF2002_03 Su mma ry 6/15/2004 Cell: D22 Comment: rareida: Revenues to the IMF Storm Drain fund from the sale of dirt from G -Basin (Debenedetti Park) Cell: B24 Comment: rareida: A reimbursement by a developer for the Kettleman Lane Lift Station was deposited into the wastewater fund This transfer moved the funds into the Ii.1F .. astewater fund Cell: K24 Comment: rareida: Transfer of 2% of Police Facility construction contract. Cell: C31 Comment: rareida: Transfer funds from Ifv1F water fund to water capital fund ( 180) for water facilities constructed prior to 1991 with capacity to serve new development Cell: D31 Comment: rareida: Operating transfer (storm drain fund cost of services) Cell: E31 Comment: rareida: Operating transfer (street fund cost of services. 575.145.60) & $28.046.47 -Transfer of funds From IMF local streets fund to street fund (320) for street facilities constructed prior to 1991 with capacity to serve new development Cell: F31 Comment: rareida: $19,051 04 -Transfer of funds from IMF regional fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development Cell: J31 Comment: rareida: $1.460.147 -Transfer funds from IMF general facilities fund to general fund for IMF program monitoring for FY 91/92 through 02103 & $127.200 -Environmental Impact Report for Housing Element ($127.200) Cell: F40 Comment: rareida: Interfund loan from Parks & Rec IMF (1217) for Lower Sacramento Rd Cell: 140 Comment: rareida: Interfund loan to Regional Street IMF (332) for Lower Sacramento Rd Cell: B41 Comment: rareida: Reimbursable charges for Harney Lane Lift Station Cell: C42 Comment: rareida: Fire Station #4 loan payment from Fire IMF fund (1216) DevSer/I mpactFeesll iv1F2002_03S ummary 6/15/2004 Cell: F42 Comment: rareida: $40 000 -Loan payment to Paiks & Rec ILIF (1217) for Lower Sac project Cell: H42 Comment: rareida. Fire Station #4 loan payment to Water11.1F 1182) Cell: 142 Comment: rareida Loan payment from Regional Streets IMF (332) for Lower Sac project Cell: F43 Comment: rareida: Principal Payment to COG for Hwy 12 99 project loan Cell: F44 Comment: rareida: Remaining loan due to Parks & Rec IMF (1217) for Lower Sac project Cell: 144 Comment: rareida Remaining loan due from Regional Streets IMF (332) for Lower Sac project Cell: F45 Comment: rareida: Remaining Loan due to COG for Hwy 12/99 project DevSer/I mpactFees!I M F2002_03S u m ma ry 6/15/2004 RESOLUTION NO. 2004-140 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2002-03 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for Fiscal Year 2002-03, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: July 7, 2004 I hereby certify that Resolution No. 2004-140 was passed and adopted by the Lodi City Council in a regular meeting held July 7, 2004, by the following vote: AYES: COUNCIL MEMBERS -- Beckman, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS -- None SUSAN J. BLACKSTON City Clerk 2004-140 DevSerRmpactFeestMFAnnualReportAltachrnent 7_7.xis 6130/2004 A B { C Q f E l F 1 EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2002/03 Annual Report 4 5 6 Fee: Wastewater Water Stcarm Drain Streets -Local Streets»Regionai Police Fire Parks & Rec General Facilities Art in PP 7 Fund #: 173 162 326 327 332 1215 1216 1217 1218 1214 8 9 10 Fee Amount 711f02 -12/31102 (1) $515 525 $4,031 4,105 S11,601 11.813 $4,699 4,784 $3,402 3,465 $1,584 - 1,613 51,548 1,577 $19,886 20,249 $6.400 6,517 2% 11 Fee Amount 1!1!03 - 6/30103 (1) 12 13 14 15 Beginning Balance $203,940.10 62.190,391.76 5998.470,55 $601,233.94 ($127,254.85) 5554,322.67 - ($1,458,331.52) $1.026,751.26_ $1,203,123.65 $37,666.10 16 as of June 30, 2002(2) 17 18 Revenues 129,553.59 445 738.77 1,092,359.60 498.726.39 344.250.97 319,132.15 181,653,85 1,044,533,80 645,857.42 95,104 25 19 20 Interest Earned 9.413.41 20,764.45 39,648.70 20,207.64 14,030.52 18.086.56 5,213.59 43.601.37 30,588.04 4,272.06 21 22 Sale of City Property 0 0.00 10.794,00 00.00 0.00 0.00 0.00 0.00 0.00 0.00 23 24 Transfers in 0 QQ 000 j2A2 0.zff0, Q 40,000.00O 00 7 = ,:00 25 2fi Revenue Subtotal 439,967.00 467,503.22 1,143,002.20 518.936.03 358,281.49 337,218.71 186,867.44 13126,135.17 676,445,46 317,264.31 27 28 ntlllures 807.71 117,583-02 280,782.69 333,457.97 644 134.84 0.00 126,306.23 38551:81 0.00 7,255.00 29 30 31 Transfers Out 01 10 959.76 75145.50 103.192.07 29,369.17 0.00 0.00 0.0Q 1 : 7 347.00 0.00 32 33 Subtotal All Expenditures 807.71 128.542.78 355,92829 436,650.04 673,504.01 0.00 126,30623 38,551.81 1,587,347,00 7.255.130 34 35J 36 NetAssetslEnding Fund Balances $ 643,699.39 52,529,352.00 51,785,544.46 5683,519.93 ($442,477.00) 11,541.38 (51,397,770.00) 52,114.886.00 $292,222.11 $347,675.41 37 38 39 lnterfund Loans (1,396.763.48) 756,770.00 1,396.763.48 ($756,770.00) 40 Receivables (2,201.31) (3,296.32) (6.297.08) (2,806.08) (1.475.77) (3.085.95) (636.20) (4,648.7`9) (1,435.67) (1,190.08) 41 Payables 17,277.85. 673.54 136,258.79 104,299.67 42 43 Ending Cash Balances S 640,588A8 51.148,570.45 $1,779,920.92 5816,972.44 $417,116.53 5898,455.43 ($1,643.03), 51,353,46744 , 5290,786-44 534848522 44 45 46 47 i) Fees Fisted es per acre for one Residential Acre Equivalent (RAE). Each land use 48 presents a different demand for services Bel are reflected in RAE adjustment factprs. 49 E 50 (2) Taken torn 6/30102 trial balance per Finance 51 52 -- DevSerRmpactFeestMFAnnualReportAltachrnent 7_7.xis 6130/2004 Celt B18 Comment: rareida: $40,421 - Reimbursable charges for Harney Lane Lift Station. Cell: 022 Comment: rareida: Revenues to the IMF Storm Drain fund from the sale of dirt from G -Basin (Debenedetti Park) Celt B24 Comment: rareida: A reimbursement by a _developer for the Kettleman Lane Lift Station was deposited into the wastewater fund. This transfer moved the funds into the IMP wastewater fund. Cell: 124 Comment: rareida: Loan payment from Regional Streets IMF (332) for Lower Sac project, Cell: K24 Comment: rareida: Transfer of 2% of Police Facility construction contract. Cell: C31 Comment: rarelda: Transfer funds from IMF water fund to water capital fund (180) for water facr'lties constructed prior to 1991 with capacity to serve new development Cell: D31 Comment rareida: Operating transfer (storm drain fund cosi of services) Cell: E31 Comment: rareida: Operating transfer (street fund cost of services, $75,145.60) & $28,046.47 Transfer of funds from IMF local streets fund to street fund (320) for street facilities constructed prior to 1991 with capacity to serve new development Cell: F31 Comment: rareida: $19,051.04 -Transfer of funds from IMF regional fund to street fund (320) for street facilities constructed before 1991 wfth capacity to serve new development. $10,318.13 - Transfer to fund 335 (State Grants) for tower Sacramento Rd. project adjustment. Celt: J31 Comment rareida: $1,460,147 -Transfer funds from -MF general facilities fund to general fund for IMF program monitoring for Pt 91192 through 02/03 & $127,200-Emvironmenfal Impact Report for Housing Element ($127,200) Cell: C39 Comment: rareida Loan to Fire IMF for the Fire Station #4 project Cell: F39 Comment: rareida. Loan from Parks & Rec IMF for the Lower Sacramento Rd. project. Cell: H39 Comment: rareida: DevSeriimpadFeesltMFAnnualRepatAttachment 7_7.xls Loan from Water IMF for the Fire Station #4 project. Celt: 139 Comment: rareida: lmterfund loan to Regional Street IMF (332) for tower Sacramento Rd Cell: 840 Comment: rareida: Accrued interest distribution. Cell: C40 Comment rareida: Accrued Interest distribution. Celt: D40 Comment: rareida: $183.54 - Purchase order to Software House International. $6,113.54 - Accrued Interest distribution. Celt: £40 Comment ramble: Accrued interest distribution Cap: F40 Comment rareida: Accrued interest distribution Cep: G40 Comment rareide: Accrued interest c stribution. Cep: H40 Comment rareida Accrued interest distribution. Celt: 140 Comment: rareida: Accrued interest dlstributiom. Cep: J40 Comment rareida: Accrued interest distribution. Cep: K40 Comment mreide: Accrued interest distribution. Cell: C41 Comment rareida: $6,142 - Contract retention payable. Cell: E41 Comment: rareida: $15,071.80 - Contract retention payabie. DeaSer4mpac tFeesAMFAnnuaptsportA tach rent 7 7 arts Prv)em No. Account No. Qasc+tpiinn MSS1002 173002 flow Monitoring MWS0003 182041 Water Utikty Planning 182450 Oversize Water Main Crossings 182460 Welt 26 MWN1003 182465 SnbstTest Drill MW1N1005 182466 DeSenedetti Weil M501815 328008 Century Meadows 3, #5 MS.D1017 326017 G Basin 326032 Wes -Saida Master Plan MTS1014 327004 Century Meadows MRRX001 327005 RR Tract Removal MTS023 327008 TS-Century/Ram MFS1032 327011 Lockslord St Ding 327013 RR Tract Removal -Lodi Ave MTS013 327070 T3»FtarneyfStocdon 1460003 327072 Wks Ave Roadway MISl001 327088 Kettleman Gap Closure MTS10487.8 332011 LSR Expansion M751009-12 332048. LSR - South /4151001.03 332088 Kettleman Gap Closure 332031 COG Loan Interest LDF0O7 LFD002 1214001 Art in Public Places 1216139 Fire Station #4 Construction 102012 Lease -Fire Equip (Transfer)• MPR045 1217797 Eastside Park Expenditures are as of 6130/03. Wast water12) Watei(2) 1R� Total 843 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2002103 Stone Disk, Slv sus-L.ocai Skweb-R40anaI Police Fin Parks 6 Roc General Facilites Art in Public PI 526 337 332 1215 278 7211 2828 24.00 47,097 16,438 26.619 117.593 272,506 4,900 3.377 290,783 86.152 3.238 2,625 23648 36.024 156,177 3,821 21.878 271.066 211.781 136,444 24,584 333.458. 644,135 2.994 123,312 38,562 7.255 126,386 38,552 7,255 RESOLUTION NO. 2004-239 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2003-04 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for fiscal year 2003-04, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: November 3, 2004 I hereby certify that Resolution No. 2004-239 was passed and adopted by the Lodi City Council in a regular meeting held November 3, 2004, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS—Beckman ABSTAIN: COUNCIL MEMBERS— None SUSAN J. BLACKSTON City Clerk 2004-239 "EF;';.1\ilANNT RECORD I E I 2 3 4 5 EXHIBIT A ihIPACTIffiGATiail FEE PROGRAM FY 2003104 Annual -Report 8 Fee: 7 FundS: 8 Wastewater 173 182 Storm Drain Sheets -Local Streate-Reglonal Polies 326 327 332 1215 Fire 1216 Perks & Rec General Facilities Art in PP 1217 1218 1214 9 Fee Amount 7/1103 12/31/03 (1) 10 Fee Amount 111/04 - 6/30/04 (1)_ 11 4,10 4.257 12 Fund Seance - Beginning of Veer 643,099.00 3 11.813 4.784 3.465 1,813 12,252 4,982 3.594 1.673 1,635 2.529.352.00 1.785.544.00 683 520,00 (442.477.00) 901,541.00 (1.387.7713.00) 20249 6.517 2% 21.003 2,114,888.00 6.760 2% 292.222 00 14 Revenues: 15 Investmerrt Revonues 16 Service Charges 17 Other Revenue 18 (F4114) 19 Total Revenue 20 21 347,875.00 22 24 0.00 (130.813.00) (35,921.00) (178.103.00) 5113,868.00) 1.091.00 21.363 00 97 801.00 542,908.00 15.678.00 3,316.00 354.708.00 42,730.00 98,6112.00 0.00 (325.00) 564471.05 (1,769. 370,384.00 45.046.00 000 0.00 Total Expenditures 26 0.00 (130.813.00) (35,021.00) (171,113.00)- 013.808.00J 0.00 (325.80 (1.769.80) 0.00 11.00 27 28 other Sources (Uses): 29 Operating Tienefers in 30 operating Transfers Out 25.154.00 31 32 Total Other Sources (LJies) 33 34 (9.7-71.0_81 0.00 (9,771.00) (365.934.00) (203.477.00) (484 940.04.1000,000.00 (365,634.110 (179,323. (4114,940.00), (1,100,00.110) (105.448.00) (108.448.04) (1.111.442.00) iltA42..A) (50.006,00) (80,1041.00) 3.100.00 3,1114.00 35 Total Fund Billfice • Egg/ affair 00 35 Chat2s InRenetwintee/Feyables (2220.00) 37 rttetd Loans 38 Ge.It Balance - End of Veer 39 40 41 42 $403,104.00 (1) 75 .00 (1,3913,763.1%1 91,055,703.00 Fres fisted ere (23.8139. 11,82341240 9633.594N (3843452)(2) $41,1120.00 (7,244.00) (15,833.00) 1374.00) (315.00) ,11-/ COMO MOM 716y/0.00 ($1 25,65.40A an 111.01 moue for one Residential Acre Equivalent (RAE). Each land ($1,4034,151.8fl_ 3105040.00 (327,00) (1 I 21Y2•00) 1.396,763.00 (14415-1:04 (716,770.013) $107,61430 mesas s Menet demand for earvkie that are Needed in RAE adjusbnent Istiorsper INC 15.64.070. 11(2) Ending fund balance has not een reduced for Measure K loan awing to SICOG, Thk loan Mier es of June 3012004 is 5456,295 44 1 $11121101.01 (4.338.00) $808,218.00 9355,121.09 (2.018.06) 45 DevSedimpactFeasfiMFAnnuatRepod2003-04.xle 10/29/2004 )ERMANEN i RECORD Cel: E17 Comment F&H Construction. Stockton St. Improvements Cell: E29 Comment EUD portion of Hamey/Stockton signalproject Cat C30 Comment Transfer funds from IMFwaterfundtowater capital' fund (180) fo r water facilities constructed prior to 1991withcap5CtY lo serve new development Cal: 030 Comment $100,756.85 - Oprat ng transfer (storm d'a:n iv -4 cost of services) $265,177.15 - Transfer to General Fund for Ir -'vac' Fee share or aebenedettl Perk design. Cell: E30 Comment: $85,255.44 - est of Services $36,221.73 • Transfer of funds from IMF local streets fund to street fund (320)for street facilities constructed priorto 1591 with capacity to serve new development $82,000 -Transfer to Transit FundforGuild(Thurman St. project(MTSI028) Cell: F30 Comment $25,008.05 • Transfer of funds from IMF regional fund to street fund (320) for streetfacilitles constructed before 1591 with capacity lo serve new development. $363,825.44 -Transferto Transit Fund for Lower Sacramento Rd.rc,ect (MTSI006-12 & MB C001) $96.106 - COG loan payment for Hwy 12199proJact, Cell: G30 Comment: Reimburse General Fund for PoliceBldg, design & construction Cell: H30 Comment Fre truck lease payment Cell: 130 Comment 534E058.85 • Reimburse General Fundfor design of Oebenedetti Park tlY0R052) 5345,107,02 -Reimburse General Fundfordesignof Indoor Sports Cornpiex(MPR060) 51.13,568.57 • Reimburse General Fund for design of AquatioCenter(MPR062) 526, 255.36 - Reimburse General Fund for design of Aquatic Cen.ter'(`4PR041) 5272,825 -Transfer to Trar,s}t Fund for _o di Lake Westside Trail project(MPR006) Cell: J30 Comment. Yearly transferto General Fund for the costs associated with the administration of the IMF program Cell: C37 Comment: Loanlo Fire IMF for FaeStation#4 project. Cell: F37 Comment: Loan from Parks& Rec IMF ix LowerSactamento Rd poled. Cell: H37 Comment Loanfrom Water IMF for Fire Station #4 project Cell: 137 Comment Loanto RegionalStreet IMF for LowerSaSramento Rdproject. DevSedlmpadFee&lMFArmualRepof2003-04Jds PERMANENT RECORD Protect No. Aecame 11a. _ 373 Wietwaler teeter !memos 182041 Water Utility Planning 182460 Wel 26 MVYWf003 182465Suest Test Drib MWW:305 182466 DeBenedelli Well MS01017 MS01023 MSD1015 Mr8'014 MRRX001 75023 MT51022 MTSIca2 075:017 TSO.3 7510(9.22 TSfDC1-03 GF001 1RR059 .GR1?52 325017 G Basin 328019 Lookeford St Storm Drain 328031 0 -Basin 327004 Century Meadows 327005 RRTrack Removal 327,08 TS -Century+ -1977. 327013 RR Traok Removal -Lodi Aye 327014 7.entral City RR5are/ 3270153.2/318 S. Sacraria lc 327018 718 a Guild Ave 327017 Harney Ln. Widening 327070 TS-Hamey(Stoddon 327071 LodUMille Inlercaneet 332048 LSR-South 332088Kettieman Gap Closure 332011 Lower Sacramonlo Road 1218139 Fire Stefan 44 Geneelsottan 1217004 Cenhay Maeda** Ptak 1217017G -Basin Total 1,0c 14,81 112,3i 281 130.81 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2003104 (teens Drain etreeta-tewl es.re-Rep.nui Pella* 1,981 2,021 73,881 77,291 42571 10.40 2,44: 2531 21.44 3,414 55.01: 59,40( .647 113,88! Fir. 32 32 Parke a Rao General Foetid'. 1211 1218 5C 1 121 1 Art in Pebna PI i214 1,7f 1 0 CITY OF LORI COUNCIL COM MUNICATION AGENDA ITEM AGENDA TITLE: Receive Impact Mitigation Fee Program Annual Report for Fiscal Year 2004/2005 MEETING DATE: September 7, 2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council receive the Impact Mitigation Fee Program Annual Report for Fiscal Year 2004/2005. BACKGROUND INFORMATION: The City Council adopted the "Final Report, City of Lodi Development Impact Fee Study," prepared by Nolte and Associates and Angus McDonald Associates in 1991, as well as the "Development Impact Fee Update Study," prepared by Harris & Associates. These actions established and updated the City's Development Impact Fee program, Staff has prepared the following exhibits: Exhibit A _. A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2004/2005. Exhibit B -- A summary by account of public improvement projects on which fees were expended during FY 2004/2005, Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information will be brought back to the Council for acceptance at a later City Council meeting FISCAL IMPACT: None, FUNDING AVAILABLE: None required. Richard C. Prima, Jr. Public Works Director Prepared by Rebecca Areida, Management Analyst RCP/RA/pmf Attachments cc: Wally Sandelin, City Engineer APPROVED: J:+lMFees\C IMFAnnu:alReport_0405.do Blair Ki c , City Manager 9/24/2006 1 E 1 F 1 EXHIBIT A IMPACT MITIGATION FEE PROGRAM 5 FY 2004105 Annual Report 6 Fee: 7 Fund # 8 Wastewater Water 173 182 Storm Drain Streets -Local Streets -Regional 326 327 332 Police Fire 1215 1216. Parks & Rec General Facilities Art in PP 1217 1218 1214 9 Fee Amount 7/1/04 - 12/31/04 (1) 10 Fee Amount 1/1/05 - 6/30/05 (1) 11 544 4257 583 4,559 12,252 5,302, 3;840 12 Fund Balance - asfinning.of Year 13 665,324.06 2,476,364.72 16,872 7,522 5,447 1,673; 1,635 1.792 1,823.313.83 633,895.67 (843,252 02) 68.926.85 1,751 (1.404 850.98) 21,003 8.760 2% 25,177 7,238' 2% 1,565,946.58 612,506.12 396.821.47 14 Revenues: 15 Investment Revenues 18 Service Charges (Fees) 17 Other Revenue 18 19 Tota; Revenue 20 21 17,110.93 37,206.48 86,993.813 18,224.02 12,119.52 67214.60 483.399.741 1,627,390.06 821234.32: 594,931.95 12,562.50 11,482.11 12,920.32 3,865.98 354,441.53 285,995.47 51,921.80 2,169,066.28 38,6411.80 11,160.17 839,600.87 124,669.59 84,326.53 520,606.22 1,720,946.36 650,940.45 607,054.47 367,362.15 289,861.45 2,220,988.08 878,242.47 136,029.76 22 Expenditures: 23 Capital Projects 24 25 Total Expenditures (46,299.30) (289,260.97) (281,333.57) (1,200,656.58) (55,577.67) 0.00 0.00 (1,089,277.33) 0.00 0.00 26 (15,299.31.1)_(269,260.97) (281,333.57) (1,200,556.58) (65,877.67) 27 28 Other Sources (Uses): 0.00 0.00 (1,089,277.33) 0.00 0.00 29 Operating Transfers In 30 Operating Transfers Out 31 (12,469.68) (85,255.44) (154,820.74) (152,177.10) 32 Total Other Sources (Uses) 33 34 0.00 (12,4699.68) (85,255.44) (164,820.74) (152,177.10) 0.00 (110,183,04) (50,000.00) (9,299.96) (110,183:04) 0.00 (50,000.00) (9,299.96) 35 Total Fund Balance - End of Year 36 Chance in Receivables/Payables (3) 37 Interfund Loans 1703,350.29 $ 2,715,240.29 $3,177,870.98 8119,358.80 4454,055)(2) 14,095.45 27,223.15 (7513.78) 56,570.72 9,867.76 38 Cash Balance - End of Year 39 40 41 (1,225,172.57) 676,770.00 3717,445.74 $1,517,290.87 '$3,170,157.20 1177,929.52 3232,582.44 (1) Fees listed $436,289.00 S$1,225,172.5' (9,304.92) 1,225,172.57 $432,984.08 $0.00 $1,697,657.33 11,440,848.59 $523,551.27 (15,308.38) (11,293.29) (3,965.94) (676,770.00) $2,005,578.95 11,429,555.30 $519,585.33 are per acre for one'Residenffal Acne Equivalent (RAE). Each land use 42 43 44 45 46 47 presents a different demand for services that are reflected in RAE adjustment factors per LMC 15.64.070. Fees were adjusted January 1, 2005 per the Engineering News Record 20 Cities Construction Cost Index except Storm Streets and Parks adjusted per Council Resolution No. 2004-238 (2) Ending fund batance has not been reduced for a Measure K loan owing to SJCOG This !Dan balance as of June I 1 1 f 1 1 f (3) Difference between investments and accounts/retalnages payable DevSer/ImpactFees/IM FAnn ualReport2004-051.xis 0 2004 is $360,189 8/24/2005 Cell: C30 Comment: Transfer funds from IMF water fund to water capital fund (180) for water facilities constructed prior to 1991 with capacity to serve new development Cell: D30 Comment: Operating transfer (storm drain fund cost of services) Cell: E30 Comment: $85,255.44 - Cost of Services $21,065.78 (fy03/04) & $58,499.52 (fy04/05) - Transfer of funds from IMF local streets fund to street fund (320) for street facilities constructed prior to 1991 with capacity to serve new development Cell: F30 Comment: $13,822.70 (fy03/04) & $42,248.40 (fy04/05) - Transfer of funds from IMF regional fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. $96,106 - COG loan payment for Hwy 12/99 project. Cell: H30 Comment: rareida: Fire truck lease Cell: J30 Comment: Yearly transfer to General Fund for the costs associated with the administration of the IMF program Cell: K30 Comment: rareida: Cost of services transfer to general fund Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: F37 Comment: Loan from Parks & Rec IMF for Lower Sacramento Rd project. Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell: 137 Comment: Loan to Regional Street IMF for Lower Sacramento Rd project. DevSer/lmpactFees/IMFAnnualReport2004-051.xls 8/2412005 Project No. Account Ho. Wastewater Description 173 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2004/05 Water Stonn Drain Streets -Local Streets -Regional Police 182 22.1 127 3'7. M5S0002 173003 MSC Expansion MW5000.4 182002 MSC Expansion MWSX006 182020 Hamey Canal Crossing MWS0003 182041 Water Utility Planning 182450 Oversized Mains 182457 Well 22 Generator MWW1003 182465 Well 27 MSDI015 326008 Century Meadows 3, Unit 5 M501417 328017 G Basin M501018 326018 Master Storm Drain 326110 Lower Sac Road South MTS0004 327002 MSC Expansion MTS{074 327004 Century Meadows (Hamey Ln.) MTSI032 327011 Lockeford St. Widening MTSI032 327013 RR Track Removal -Lodi Ave MTSI032 327014 Central City RR Safety MTSO22 327018 520 S. Chetokeellmprovment agrmt-Cherokee/Tokay) MT51032 327019 CCT Mainline Rehab MBC004 327020 Hamey Canal Crossing MTSI025 327025 Century Blvd Widening MTSI025 327027 Stockton St Widening MTSODS 327071 Lodi/Mills Interconnect MTS[008 327467 1349 E. Kettleman MT51049-12 332048 LSR - South MT51001.03 332088 Kettleman Gap Closure MP R059 1217004 Century Meadows Park Total 46_299.30 45 912.38 38.34 2,117.94 51,786.90 17,896.00 151,479.43 105,193.00 144,022.57 2,118.00 30,000.00 46.294.30 269.260.97 281.333.57 45,873.23 114,097.80 116,643.89 828.94 2,122.01 100,366.50 197,566.50 389,444.00 4,500.00 61,070.00 20,457.27 147,686.44 1,200,656.58 55,443.5 10,234.1 65.677.6 1215 Fire :211 Parks & Res General Facilities Art in Public PI 6 1,089,277.33 7 0.00 0.00 1,089,277.33 0.00 0.00 CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2005/06 MEETING DATE: December 20, 2006 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2005/06. BACKGROUND INFORMATION: The City Council adopted the "Final Report, City of Lodi Development Impact Fee Study," prepared by Nolte and Associates and Angus McDonald Associates in 1991, as well as the "Development Impact Fee Update Study;" prepared by Harris & Associates in 2001 These actions established and updated the City's Development Impact Fee program. The fee program consists of eight separate fee categories/funds, plus the public art set-aside. They are Water, Wastewater, Streets, Storm, Police, Fire, Parks & Recreation and General City Facilities. The fees can only be used for new capital improvements/equipment needed to accommodate new growtri In accordance with California State annual reporting requirements Staff has prepared the following exhibits: Exhibit A -- A summary of the current and past fees, beginning and ending balances for each fee account,. total fees collected, interest earned, and total expenditures from each account for FY 2005/06. Exhibit B A summary by account of public improvement projects on which fees were expended during FY 2005/06. Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information has been posted on the City's website and submitted to the Lodi News Sentinel and the Stockton Record, as well as being mailed it to interested parties in November. FISCAL IMPACT: In general, revenues for the prior fiscal year ranged from 50% to 100% of budget estimates. Shortfalls do not affect operations as all the funds are for capital improvements and associated costs (such as engineering). Revenue in some of the funds (mainly Police and Fire) is being used to reimburse other funds for costs of past projects that were advanced. Other funds have a positive balance and priorities for funding specific capital projects should be addressed as part of the preparation and adoption of the capital budget for the next fiscal year. FUNDING AVAILABLE: None required. Prepared by Rebecca Areida, Management Analyst RCP/RAfnmf Attachments :c Wally Sandelin. City Engineer Building industry Association of the Delta APPROVED: "Tair 11111 Richard C. Prima, Jr. Public Works Director Blair K4!City Manager 1lMFeesSciMFAnnuaiikeport,_05o6.doc 12'14/2006 DevSer/I mpactFees/IM FAnnual Report2005-06.xls 12/13/2006 A [ B C f D I E I F [ G I H I I { J 1 K 1 EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2005106 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets 327/332 Regional Transp 338 Police 1215 Fire Parks & Rec I General Facilities 1216 1217 I 1218 Art in PP 1214 7326 Fund #: 173 182 8 1__ I 9 Fee Amount?/1/05-12/31/05(1) 3,108 4.257 12,252 9,142 n/a 1,673 1,635 21,003 6,760 2% 10 Fee Amount 1/1/06 - 6/30/06 (1) 5,166 4.770 17.445 13,571 2.500 1,875 1,832 26,345 7,574 2% 11 1,440,848.59 523,551.27 12 Fund Balance - Beginning of Year 703,350.29 2,715,240.29 1 3,177,671.05 (334.696.52) 0.00 3.304.92 (1 225,172.57) 2,697,657.33 13 14 Revenues: 15 Investment Revenues 9,782.74 27,912.72 64,505.97 15,064.01 187.97 6.757.43 (29.16) 46,178.33 31,558.71 9,498.59 16 Impact Mitigation Fees 239,400.15 87,355.33 352,700.46 430,780.02 17,161.27 48,896.69 35,954.94 290,244.36 121,954.70 ' 24.776.75 17 Other Revenue 18 19 Total Revenue 249,182.89 115,268.05 417,206.43 445,844.03 17,349.241 55,656.02 35,925.78 3.36,422.69 '153,513.41 34,275.34 20 21 22 Expenditures: 23 Capital Projects (150,822.60) (539,934.14) I (434,963.15) (699,317.87) 0.00 0.00 0.00 (151,466.33) (197,589.24) (23,750.00) 24 25 Total Expenditures (150,822.60) (539,934.14) (434,963.10 (699,317.87) 0.00 0.00 0.00 (151,466.33) (197,589.24) (23,750.00) 26 27 28 Other Sources (Uses)! 29 Operating Transfers In 5,908.00 30 Operating Transfers Out (30,740.04) (55,192.97) (115.143.00) (210,176.63) (25,923.96) (149,673.00) (62,913.04)1 (75,689.96) (3.099.96) 31 32 Total Other Sources (Uses) (30,740.04) (55,192.97) (115,143.00) (204,268.63) 0.00 (25,923.96) (149,673.00) (52,913.04) (75,689.96) (3,099.96) 33 34 35 Total Fund Balance - End of Year $770,970.54 12,184.39 $ 2,235,381.23 23,612.52 133,044,771.33 1 46,618.96 ($792,438.99)(2). 3,735.07 17,349.24 22,050.00 $33,036.98 ($1,338,919.79) 32,829,700.65 (198.12) (241.33) 7.393.90 $1,321,082.80 (445.86) $530,976.65 (99.11) 36 Change in Receivables/Payables (3) 37 Interfund Loans (1,225,172.57) $1,033,821.18 $3,091,390.29 636,770.00 ($151,933.92) $39,399.24 1,225.172.57 (636,770.00) $32,838.86 ($113,988.55) $2,200,324.55 $1,320,636.94 ' _$530,877.54 38 Cash Balance - End of Year $783,154.93 39 40 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use 41 presents a different demand tor services that are reflected in RAE adjustment factors dwelling unit equivalent. per LMC 15.64.070. 42 RTIF fee listed is for one residential single family 43 Wastewater fees listed are per dwelling unit equivalent 11l 44 1 I L_ balance has not been reduced for a Measure K loan owing to SJCOG. 1 I I This loan balance as of June 0. 2006 is $360,189 45 (2) Ending fund 46 47 (3) Difference between investments and accounts/retainages payable _ DevSer/I mpactFees/IM FAnnual Report2005-06.xls 12/13/2006 Cell: E29 Comment: Fund transfer from Measure K for previous FY expense that should have been expensed in Measure K Cell: B30 Comment: Cost of services Cell: C30 Comment: $2,395.97 -Transfer funds from IMF water fund to water capital fund (180) for water facilities constructed prior to 1991 with capacity to serve new development $52,796- Cost of Services Cell: D30 Comment: Cost of services Cell: E30 Comment: $30,625 - Cost of Services $16,930.01 - Transfer of funds from IMF local streets fund to street fund (320) for street facilities constructed prior to 1991 with capacity to serve new development $14,122.66 - Transfer of funds from IMF regional fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. $96,106 - COG loan payment for Hwy 12/99 project. $12,393 - Cost of Services $40,000 - Interfund loan payment to Parks & Rec IMF for Lower Sac project Cell: G30 Comment: Cost of services Cell: H30 Comment: $115,130 -Fire truck lease $34,543 - Cost of Services Cell: 130 Comment: Cost of services Cell: J30 Comment: $50,000 -Yearly transfer to General Fund for the costs associated with the administration of the IMF program $25,689.96 - cost of services Cell: K30 Comment: Cost of services Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: E37 Comment: Loan from Parks & Rec IMF for Lower Sacramento Rd project Cell: H37 DevSer/ImpactFees/IMFAnnualReport2005-06.xls 12/13/2006 Comment: Loan from Water IMF for Fire Station #4 project. Cell: 137 Comment: Loan to Regional Street IMF for Lower Sacramento Rd project. DevSer/I mpactFees/IM FAnn ualRepo rt2005-06.xls 12/13/2006 Wastewater Proje ctrho. Accvu nl NO. Dcscnpda'. 173 vS50ao2 173003 MSC Expansion 173110 Lower Sacramento Road South 173350 Hamey Lane Curve MW50004 182002 MSC Expansion MWSI01S 182016 Lodi Ave Improvements MWSX000 182020 Hamey Canal Crossing 182021 1175 S. Guild Improvements MW50003 182041 Water Utility Planning 182110 Lower Sacramento Road South 182350 Hamey Lane Curve Project 182456 Legacy Estates Unit 1 182457 Well 22 Generator WM1003 182465 Well 27 MS01017 MS01018 326017 G Basin 326018 Master Storm Drain 326021 1175 S. Guild Improvements 326026 Century Blvd Improvements 326110 Lower Sac Road South MTS0004 327002 MSC Expansion MTS10t4 327004 Century Meadows (Hamey Ln.) MTS1032 327013 RR Track Removal -Lodi Ave MTSI032 327019 CCT Mainline Rehab MEC004 327020 Hamey Canal Crossing 327021 1175 S. Guild Improvements 327023 Lockeford St Widening -Phase 1 327026 Century Blvd Improvements MTSI030 327030 Lodi Ave Improvements MTS005 327071 Lodi/Mills Interconnect MTS1009.12 332048 LSR - South MTS1001.D3 332088 Kettleman Gap Closure MPR659 1214002 Vintner's Square Development 1214003 Water Tank Artwork 1217004 Century Meadows Park 1217026 Century Blvd Improvements 1217110 Lower Sacramento Road South 1218051 Circulation Master Plan General Plan Update 12181201 Capital Equipment 12,813 133,010 0 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2005/06 Water Storm Drain Streets -Local Streets -Regional Police Fire Parks & Rec General Facilities Art in Public P1 1E2 'sat 127 112 1215 f27S217 1241 1214 12,794 6,782 31,848 2,960 1,402 230,000 109,967 2,566 100,279 41,337 47,040 1,402 82,500 280,021 44,000 12,794 20,041 7.732 45.377 477 228 23,950 924 48,163 1,441 7,396 5,149 51,102 3,986 89,481 57,999 2,157 174,106 21.326 20,000 3,750 Total 150,823 539.934 43.1..963 643,068 56.250 0 0 151.466 197,589 23,750 RESOLUTION NO. 2006-231 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2005-06 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for fiscal year 2005-06, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: December 20, 2006 I hereby certify that Resolution No. 2006-231 was passed and adopted by the Lodi City Council in a regular meeting held December 20, 2006, by the following vote: AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS - None ABSENT.- COUNCIL MEMBERS - None ABS1 AIN. COUNCIL MEMBERS - None RANDI JOHL City Clerk 2006-231 900ZlE:1.1Z1 611190-560ZI4uda lleuuuv puusaa1)uedwipuS PQ YS'LL8'6fSS (11'66) LS9'9L6'OCs$ j Tuthill l bvs8uuieunirlww'r H Nue up.ipi+iitunu* uukupuq ieruku Hi!O (k) W31 VdEf s± 9UUZ '4)l: aunt' )o Se a ueleq ueui x441 JOJfS Ul ou! uecy ]! aanseaity U au) Pa3upaa uaati I�+'t a ueP=+i puri Bukpu3 EZ) I 1 1 ' 1 Wef.4,6. Pun 9ullemp rod 8.111 pet t semi ai>tisz iEsem L . I alibi itu1I Gu�11+/;E+tllwW i 540IWWaY!sa' auu suj '1P4141 b'p'i �i113. 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'JIY7AW A S3[011.ICEN3d1A3 1J41'otld 1r13N13A0tldINI i$ I UId 1O AtlIVNIAIIIIS W VbO2ld 331 NOLLV:)I1110d 1:)VdVI a 4111111aa ••. tow .. •+DI CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE Mayor Pro Tempore LARRY D. HANSEN SUSAN HITCHCOCK PHIL KATZAKIAN CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.Q. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept©iodi,gov http:\\www.lodi.gov December 15, 2006 Building Industry Association of the Delta 1150 W. Robinhood Drive, Ste. 4C Stockton, CA 95207 BLAIR KING City Manager RANDI JOHL City Clerk D. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2005/06 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, December 20, 2006. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. 0. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's rri (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Rebecca Areida, Management Analyst, at (209) 333-6800, extension 2658. t°,4),wo Richard C. Prima, Jr. Public Works Director RCP/pmf Enclosure X: City Clerk NCIMFANNUALREPORi 0506 DOC DevSer/I mpactFees/ IM FAn n ual Report2005-06 11/7/2006 A [ B C D I E I F IG H t J K L 1 EXHIBIT A 2 MPACT MITIGATION FEE PROGRAM 3 FY 2005106 Annual Rew ort 4 5 6 Fee: Wastewater Water Storm Drain Streets -Local Streets -Regional Regional Transp Pace Fire Parks & Rec General Facilities Art in PP 7 Fund #: 173 182 326 327 332 338 1215 1216 1217 1218 1214 8 $ Fee Amount 7/1/05 - 12/31/05 (1) 544 4.257 12,252 5,302 3,840 n/a 1.673 1,875 1,635 1.832 21,003 26,345 6,760 7,574 2% 2% 10 Fee Amount 1/1/06 - 6/30/06 (1) 5,166 4,770 17,445 7,871 5,700 2,500 11 12 Fund Balance - Beginning of Year 703,350.29 2,715240,29 3.177 671.05 119,358,80 (454 055 32) 0.00 3,304,92 (1,225,172.57) 2,697,657.33 1,440,848_559 F 523.551.27 13 14 Revenues: 15 Investment Revenues 9,782.74 27,912.72 64,505.97 6,386.25 8,677.70 187.97 6,757.43 (29.16) 46,178.33 31,558.71 9,498.59 16 Service Charges lees) 239,400.15 87,355.33 352,700.46 237,127.45 193,652.57 17,161.27 48,898.59 35,954.94 290,244.36 121,954.70 24,776.75 17 Other Revenue 18 19 Total Revenue 249,162,89 115,268.05 417,206.43 243,513.70 202,330.33 17,349.24 55,656.02 35,925.78 336,422.69 153,513.41 34,275.34 20 21 22 Expenditures: 23 Capital Projects (150,822,60) (539,934.14 (434.963.15) (643,067.54) (56,250.33) 0.00 0.00 0.00 (151,466.33) (23,483.28) (23,750.00) 24 25 Total Expenditures (150,822.60) (539,934.14) (434,963.15) (643,067.54) (56,250.33) 0.00 0.00 0.00 (151,466.33) (23,483.28) (23,750.00) 26 27 28 Other Sources (Uses): 5.908,00 29 Operating Transfers In 30 Operating Transfers Oul (30.740.04) (55,192.97) (115,143.00) (47,554.97) (162,621.66) (25,923.96) (149,673.00) (52,913.04) (249.795.92) (3,099.96) 31 32 Total Other Sources (Uses) (30.740.04) (55,192.97) (115,143.00) (47,554.97) (156,713.66) 0.00 (25,923,96) (149,673.00) (52,913.04) (249,795.92) (3,099.96) 33 34 35 Total Fund Balance_ End of Year 5770.970.54 $ 2,235,381.23 53,044,771.33 ($327,750.01) ($464,68!(2) 17,349.24 533,036.98 ($1,338,919.79) $2,829,700.65 $1,321,082.80 $530,976.65 36 Change in Receivables/Payables (3) 12,184.39 23,612.52 46.618.96 3,636.07 100.00 22,050.00 (198.12) (241.33) 7,393.90 (445.86) (99.11) 37 lnterfund Loans (1.225,172.57: 636 770.00 1,225,172.57 (636.770.00) 38 Cash Balance - End of Year $783,154,93 $1,033,821.18 $3,091,390,29 ($324,114,94) $172,181,02 539,399,24 $32,838.86 (6113,988,55) $2,200,324.55 $1,320,636.94 5530,877.54 39 40 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use 41 presents a different demand for services that are RTIF See listed Isfer one residential single family reflected in RAE adjustment factors dwelling unit equivalent. per LMC 15.64 070. 42 43 44 45 2 Endir fund balance has not been reduced for a Measure K loan owing to SJCOG _[___I and aocauntslretainaaes payable This loan balance as of June 30, 2006 is $360,189 46 47 (3) Difference between investments DevSer/I mpactFees/ IM FAn n ual Report2005-06 11/7/2006 Cell: F29 Comment Fund transfer from Measure K for previous FY expense that should have been expensed in Measure K Cell: C30 Comment: $2,395.97 -Transfer funds from IMF water fund to water capital fund (180) for Ovate+ facilities constructed prior to 1991 with capacity to serve new development $52,796- Cost of Services Cell: D30 Comment cost of services Cell: E30 Comment: $30,625 - Cost of Services $16,930.01 - Transfer of funds from IMF local streets fund to street fund !32i' i ;or street facilities constructed prior to 1991 with capacity to serve new development Cell: F30 Comment: $14,122.66 - Transfer of funds from IMF regional fund to street fund (320) for s:ree: facilities constructed before 1991 with capacity to serve new development. $96,106 - COG loan payment for Hwy 12/99 project. $12,393 - Cost of Services Cell: H30 Comment: Cost of services transfer Cell: 130 Comment $115,130 -Fire truck lease $34,543 - Cost of Services Cell: K30 Comment Yearly transfer to General Fund for the costs associated with the administration of the IMF program Cell: L30 Comment Cost of services Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: F37 Comment Loan from Parks & Rec IMF for Lower Sacramento Rd project. Cell: 137 Comment: Loan from Water IMF for Fire Station #4 project. Cell: J37 Comment Loan to Regional Street IMF for Lower Sacramento Rd project. DevSer/ImpactFees/IMFAn nualReporf2005-06 11/7/2006 TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM E-13 AGENDA TITLE: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2006/07 MEETING DATE: November 7, 2007 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2006/07. BACKGROUND INFORMATION: The City Council adopted the "Final Report, City of Lodi Development Impact Fee Study," prepared by Nolte and Associates and Angus McDonald Associates in 1991, as well as the "Development Impact Fee Update Study," prepared by Harris & Associates in 2001. These actions established and updated the City's Development Impact Fee program. The fee program consists of eight separate fee categories/funds, plus the public art set-aside. They are Water, Wastewater, Streets, Storm, Police, Fire, Parks & Recreation and General City Facilities. The fees can only be used for new capital improvements/equipment needed to accommodate new growth. In accordance with California State annual reporting requirements, staff has prepared the following exhibits: Exhibit A —A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2006/07. Exhibit B — A summary by account of public improvement projects on which fees were expended during FY 2006/07. Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information has been posted on the City's website and media, such as the Lodi News Sentinel and the Stockton Record, have been notified as to where to obtain the report. FISCAL IMPACT: In general, revenues for the prior fiscal year ranged from 26% to over 100% of budget estimates. Shortfalls do not affect operations as all the funds are for capital improvements and associated costs (such as engineering). Revenue in some of the funds (mainly Police and Fire) is being used to reimburse other funds for costs of past projects that were advanced. FUNDING AVAILABLE: None required. Richard C. Prima, Jr. Public Works Director Prepared by Rebecca Areida, Management Analyst RCP/RA/pmf Attachments cc: Wally Sandelin, City Engineer Building Industry Association of the Delta APPROVED: Blair King, City Manager K:\WP\IMFees\CIMFAnnualReport 0607 doc 11/2/2007 RESOLUTION NO. 2007- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2006-07 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for fiscal year 2006-07, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: November 7, 2007 I hereby certify that Resolution No. 2007- was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 7, 2007, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — RANDI JOHL City Clerk 2007- DevSerllmpactFeesllMFAnnualReport2006-07.xls 10/17/2007 A I B C D E EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 T 6r• I •nmra 'Opo 4 5 6 Fee: Wastewater Water Storm Drain - Streets Regional Transo Police Fire Parks & Rec General Facilities Art in PP 7 Fund #: 173 182 326 327/332 338 1215 1216 1217 1218 1214 8 9 Fee Amount 7/1/013 -12/31/06 (; 5.166 4,770 17.445 13.571 2.500 1,675 1,832 26,345 7.574 2% 10 Fee Amount 1/1/07 - 6130/07 (1) 5,356 4,920 17,995 13,998 2.610 1,934 1,690 27.175 7,813 2°I❑ 11 12 _ Fund Balance - Beginning of Year _ 783,192.64 2,239,595.27 3.057,328.95 (751.733.99) 17,508.79 33,178.71 (1,339.330,86) 2,836,466.86 , 1,326.674.37 533,127.51 13/ 14 Revenues: 15 Investment Revenues 209,195.80 36,382.94 145,808.36 20,096.30 6,266.35 6,081.01 (5,27704) 95,779.53 55,116.21 19.132.01 16 Impact Mitigation Fees 1.454,914.54 119.838.52 605,304.05 707,641.57 292.255.59 108,203.68 61,372.70 263,157.93 193.354.14 34,682.11 17 Other Revenue 18 19 Total Revenue 1.664,110.34 156,219.46 751,112,41 727,738.17 - 300,541.94 115,184.69 50.095.66 359,937.56 246,470.35 53.814,12 20 21 22 exp nditures: Capital Prolects 0.00 23 (632,070.65) (1,402.32) (23,415.15) (65.293.91) 0.00 0.00 (101,986.67) (418,068.67) (73.830.23) 24 25 Total Ex endltures 0.00 (632,070.05) (1,402.32) (23,415,151 (65,293.91) 0.00 0.00 (101,966.67) (418,060.67) (73,830.23) 26 27 28 29 Other Sources (Uses): Operating Transfers In Operating Transfers Out / 330 31 32 33 34 3$ (30.740.01) (55,962.75) (115,143.00) (162,398,89) 0.00 (25,923.99) (149,673.01) (52,913.01) (401,379.99) (3.099.96) - Total Other Sources (Uses) (30.740.01) (55,962.75 (115,143.00), (152,398,89) 0.00 (25,923.991 (149,673.01) (52,913.01) (401,379.99) (3,098.981 , Total Fund Balance - End of Year 52.416,563.17 5 1.707,781.13 53,691,896.04 5209,609.861(2 252,756.82 5122,439.41 151,432,908.23) $3,043,504.74 5755.696.08 5510,011.42 36 Change In Receivables/Payables (3) (21,360.51) 75,464.74 (12181.81) (3,407.65 (2.099.54) (1,017.05) 1,725.57 (20.323.96) 46,693.02 (4,236.44) 37 Inteffund Loans (1.225.172.5(1 596.770.00 1.225.172.57 (596,770.00) 38 38 4p Cash Balance - End of Year 52,395,202.36 5558,073.30 53,679,714.23 $383,552,49 $250,657.28 5121,422.36 (5206.010.09) 52,426.410.78 5802.389.08 $505,774.96 (1) Fees ((sled are per acre for one Residential Acre Equivalent (RAE). Each land use `41 42 presents a different demand for services that are refected in RAE adjustment fadors per LMC 15.64.070. RTIF fee !(sled is for one residential single Tamil dwell En • unit a utvalent. 43 •, . 44 45 (2) Ending fund balance has not been reduced for a Measure K loan awing to SJCOG. This loan balance as of June 30. 2007 is $264,083 `____-, 46 i I 47 (3) Difference between investments and accounts/retainages payable DevSerllmpactFeesllMFAnnualReport2006-07.xls 10/17/2007 Cell: 930 Comment: Cost of services Cell: C30 Comment: $3,166.74 -Transfer funds from IMF water fund to water capital fund ?ISO) for water facilities constructed prior to 1991 with capacity to serve new development $52,796.01- Cost of Services Cell: D30 Comment: Cost of services Cell: E30 Comment: $30,624.98 - Cost of Services (local imf) $ -Transfer of funds from IMF regional fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. $96,106 - COG loan payment for Hwy 12199 project. $35567.91 - Cost of Services (regional imf) $40,000 - Inlerfund loan payment to Parks & Rec IMF for Lower Sac project Cell: G30 Comment: Cost of services Cell: H30 Comment: $115,130 -Fire truck lease $34543 - Cost of Services Cell: 130 Comment: Cost of services Cell: J30 Comment: $50,000 -Yearly transfer to General Fund for the costs associated r. ilh the administration of the IMF program $25,689.96 - cost of services $300,000 - Transfer to Community Development $25,690 - Transfer to General Fund for Engineering Cell: K30 Comment: Cost of services Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: E37 • Comment: Loan from Parks & Rec IMF for Lower Sacramento Rd project Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell:137 Comment: Loan to Regional Street IMF for Lower Sacramento Rd project. DevSer/fmpactFees/IMFAnnualReport2008-07.xls 10122/2007 Was!neater Water 171 152 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2005106 statin Main Srreets-Local Streals4taglanall RT1F 775 377 112 5.76 1215 Fire 1_15 Parts tF Rac 0anaral Facilites Art M Public PI 1217 1 0 4214 role_r rec.. ac_cun.:in -- 182005 Surface Waley Design 1;.7511 1.1175C005 182041 Water Ultily Pl ng 1,4 o.,_ 182050 Water Master Plan 4,995 182457 We022Generaor 850 162480 Well 26 -1,078 182483 Well 27 267,481 182485 Well 28 342.901 415191018 3213019 Master Storm Drain 1,402 14351032 327013 RR Track Removal -Lodi Ave 13,750 MT5I032 327019 CCT Mainline Rehab 9,656 338501 Regional Transportation Fees (5.1 County, SJCOG) 65.294 1214001 Art In Rem Places jPaint at Lodi Station) 1374 1214002 Vlnlnees Square Oevdopment 21,70 1214003 WalerTank Ariwork 52,458 I4FR659 1217004 Century Meadows Pa* 188 1217750 Parks Mower 101,819 1218002 Community Fa:111'1 cs 0isln cl 0,063 1218047 Palk Wo+Y.srCom:rnn ily DC/. SeratT 1,883 1218030 General Plan 285,975 122.148 1218051 Circulation Master Plan Tolai 0 832,1111 1,402 23,410 0 55,294 0 0 101,987 415,CE9 73.530 AGENDA ITEMVNAP- CITY OF LODI COUNCIL COM MUNICATION AGENDA TITLE: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2007/08 MEETING DATE: October 1,2008 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2007/08. BACKGROUND INFORMATION: The City's Development Impact Fee program consists of eight separate fee categories/funds, plus the public art set-aside. They are Water, Wastewater, Streets, Storm, Police, Fire, Parks & Recreation and General City Facilities. The fees can only be used for new capital improvements/equipment needed to accommodate new growth. The fees were established 1991 and updated last in 2006. In accordance with California State annual reporting requirements, staff has prepared the following exhibits: ExhibitA — Asummary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expendituresfrom each account for FY 2007/08. Exhibit B — Asummary by account of public improvement projects on which fees were expended during FY 2007/08. In general, revenues for the prior fiscal year ranged from 3 percentto over 100 percent of budget estimates. Shortfalls do not affect operations as all the funds are for capital improvements and associated costs (such as engineering). Revenue in some of the funds is being used to reimburse other funds for costs of past projects that were advanced. Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information has been posted on the City's website and media, such as the Lodi News Sentinel and the Stockton Record, have been notified as to where to obtain the report. FISCAL IMPACT: None FUNDING AVAILABLE: None required I ' (f4* F. Wally Sar41elin Public Works Director Prepared by RebeccaAreida, ManagementAnalyst FWS/RA/pmf Attachments cc: Building IndustryAssociation of the Delta APPROVED' / BIataQ! City Manager K.HNP\IMFees\CIMFAnnualReport_ 0708 doc 9/18/2008 DevSer/I mpactFees/IMFAnn ualReport2007-08.xls 08/26/2008 A I B I C D I E ( F I EXHIBIT A z IMPACT MITIGATION FEE PROGRAM 3 FY 2007108 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets Regional Transp 338 Police 1215 Fire 1216 Parks & Rec 1217 General Facilities 1218 Art in PP 1214 7 Fund*: 173 182 I 326 332 8 9 Fee Amount 7/1/07 - 12/31/07 () 5,356 5,356 4,920 5,046 17,995 18,454 13,998 14,355 2,764 2,764 1,934 1,9.98 1,8901 1,938 27,175 27.868 7,813 8,012 2% 2% 10 Fee Amount 1/1/08 -6/30/08 (1) 11 12 Fund Balance - Beginning of Year 2,416,563.17 1,707,781.13 3,691,896.04 (217,730.91) 252,756.82 122,439.41 (1,432,908.23) 3,043,504.74 755,696.06 510.011.42 13 14 Revenues: 15 Investment Revenues 230,495.64 9,177.83 165,673.71 47,313.89 20,355.58 10,743.55 (5,782.34) 105,034.56 20,106.05 21,716.61 16 Impact Mitigation Fees 6,384,630.72 30,782.70 34,980.92 778,673.41 416,349.78 123,275.93 79,953.44 j42,271.10)J 216,937.16 8,063.30 26,480.56 17 Other Revenue 34,785.40 18 19 Total Revenue 6,615,126.36 39,960.53 1 200,654.63 860,772.70 436,705.36 134,019.48 74,171.10 62,763.46 245,106.51 48,197.17 20 21 22 Expenditures: 23 Capital Projects 0.00 (462,493.28) (5,423.56) (24,276.08) (99,967.33) 0.00 0.00 (26,662.62) (305,271. (137,933.66) 24 25 Total Expenditures 0.00 (482,493.28) (5,423.56) (24,276.08) (99,967.33) 0.00 0.00 (26,662.62) (305,271.58) (137,933.66) 26 27 28 Other Sources (Uses): 29 Operating Transfers In 9,218.36 5,062.50 725.60 30 Operating Transfers Out (6,766.481 (156,186.93) (364,139.04) 31 32 Total Other Sources (Uses) 0.00 (6,766.48) 0.00 (146,968.57) 0.00 5,062.50 725.60 0.00 (384,139.041 0.00 33 34 471.797.14 35 Total Fund Balance - End of Year $9,031,969.53 $ 1,258,481.90 183,887,127.11 $471,797.14 (2) 589,494.65 5261,521.39 (51,358,011.53) 53,079,605.58 $311,391.95 $420,274.93 36 Chane in Receivables/Payables (3) (69,097.02) 308.68 (1,225.172.57) I (11,241.10) (8,328.72) 556,770.00 (4,509.94) (2,000.77) 1,016.29 1,225.172.57 (19,300.97) (556,770.00) 19.894.15 72,699.42 37 Interfund Loans 38 Cash Balance - End of Year $8,962,592.51 $ 33,618.01 153,875,886.01 $1,020,238.42 $584,984.91 $259,520.62 _0131,822.67)f $2,503,534.61 $331,286.10 $492,974.35 39 40 (1) Fees listed are per acre for one Residential Ac e Equivalent (RAE). Each land use 41 presents a different demand for services that are reflected in RAE adjustment factors RTIF fee listed is for one residential single family dwelling unit equivalent. per LMC 15.64.070. 42 43 Wastewater fees listed are per dwelling_ unit equivalent 44 45 (2) Ending fund balance has not been reduced for a Measure K loan owing to SJCOG. This loan balance as of June 30,2008 is $96.106 46 I I I I 47 (3) Difference between investments and accounts/retainages payable DevSer/I mpactFees/IMFAnn ualReport2007-08.xls 08/26/2008 Cell: E29 Comment: Transfer from water to adjust overpayment/underpayment of fees Cell: G29 Comment: Transfer from water to adjust overpayment/underpayment of fees Cell: H29 Comment: Transfer from water to adjust overpayment/underpayment of fees Cell: C30 Comment: $835.18 -Transfer funds from IMF water fund to water capital fund (180) for water facilities constructed prior to 1991 with capacity to serve new development $5,931.30 - Transfer to Streets, Police & Fire to adjust overpayment/underpayment of fees Cell: E30 Comment: $60,081.93 - Transfer of funds from IMF Streets fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. $96,106 - COG loan payment for Hwy 12199 project. Cell: J30 Comment: $50,000 -Yearly transfer to General Fund for the costs associated with the administration of the IMF program $334,139.04 - City staff costs associated with General Plan update Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: E37 Comment: Loan from Parks & Rec IMF for Lower Sacramento Rd project Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell: 137 Comment: Loan to Regional Street IMF for Lower Sacramento Rd project. DevSer/I mpactFees/IMFAnnualReport2007-08.xls 08/26/2008 P.roiccs No. Accv ural No. Door riprron EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2007108 Waxsew�tnr Water Storm Drain 713 1E2 32E MWS0003 MSD1017 MS0101B 182005 Surface Water Design 182008 WID Surface Water Connect 182041 Water Utility Planning 182050 Water Master Plan 182463 Well 27 162465 Well 28 326017 G -Basin 326018 Master Storm Drain MT51032 327013 RR Track Removal -Lodi Ave 332019 CCT Mainline Rehab 332356 MSC -Fleet Services Shop 338501 Regional Transportation Fees (SJ County, SJCOG) 1214004 Animal Shelter Mural 1214005 Celebrate the Harvest PIWSS 1217004 Century Meadows Park 1217750 Parks Mower 1218050 General Plan 1218051 Circulation Master Plan 389,214 48,459 1,351 611 20,914 21,945 4,072 1,351 Streets R7l Pollee Fee Parks & Ree General Facilities Art in Pubic P1 132 33! 1200 027E 1: 7 8 5211 188 18,804 5,472 99.967 26.376 287 267,412 Total 0 482,493 5,424 24,276 99.937 S 26,663 37.859 305272 61,434 76,500 137.934 RESOLUTION NO. 2008-198 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCALYEAR 2007-08 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Impact Mitigation Fee Program Annual Report for Fiscal Year 2007-08, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: October 1,2008 I hereby certify that Resolution No. 2008-198 was passed and adopted by the City Council d' the City of Lodi in a regular meeting held October 1, 2008, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, and Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— Mayor Mounce ABSTAIN: COUNCIL MEMBERS— None R. P RRIN sistant C Clerk 2008-198 1 2 3 5 A I @ 1 r 1 0 I E I F I c I n EXHIBIT A IMPACT MITIGATION FEE PROGRAM FY'2007/08 Annual Report 1 n 6 Fee: Wastewater Fund U: Water 182 ICI 9 Fee Amount 7(1107 - 12f31107ji) 10 Fee Amount 1/1/08 - 6130108 (1) 11 Storm Drain 326 Streets Regional Transp Police 338 1215 5,356 4,920 17,9955 13.998 2,764 1,934 5,358 5,048 18 14.355 2,764 1.983 Fire L Parks S Rsc General Facilities Art in PA 1216 1217 1218 1214 1.8901 27.175 1.9381 27.868 12 Fund Balance . Beginning of Year 2,416.56111 1.707.781.13 3,891,898.04 I (217.730,91) 252,756.82 122.439.41 13 14 Revenues: 15 Investment Revenues 16 lin act M on Fees 17 Other Revenue 230,495.64 7.813 8,012 2% 2% (1,432,908.23)1 3,043.504.74 755,696.06 510.011.42 6,384,630.72 9 177.83 165,873.71 30,78270 34,980.92 B 19 Total R 20 47,313.89 778.67 .41 34.785.40 20 55.58 10 743.55 5.782,34 1 034.56 416,349.78 123,275. 79, 953.44 (42.271.10 ) ,- 20 106.05 21.716.61 6. 8,063.30 Revenue 6 615,126.36 30 960.53: 200.654.63 860,772.701 436.70536 134,019.48 74,171.10 62,763,46 245,106.51 48,197.17 Expenditures: Caplet Projects 26 27 28 Total • ndltures 1 i ! 0.00 (482.493.28) (5.423.56)1 (24,276.05)1 (99.96723) 0.00 0.001 26,662.62 305,271.58 137.933,68 _ I 0.00 482,49328 (5.423.56 } 24,276.08 .9 967.33 0.00 0.00 Other Sources (Uses): ng - • era n ■r 31 32 33 34 Total Other Sources (Uses) ( 1 sci 26,662. 05,271.58 5,062.5 rca.cu l 0.00 (6,766.4811 0.00 1 (146,968.571 O. 5,062.50 725.60 0.00 (384.139.04) 0.00 35 36 37 36 Total Fund Balance - End of Year Change in Receivables/Payables (3) interfund Loans 471,797.14 39' Cash Balance - End of Year 59 031,689.53 $1,258,481.90 I $3,887,127.11 $471.797.1442L 589,494.85 (69,097.02) 308.68 I (11.241.10)! (8,328.72) (4.509.94 (1,225172.571 ( 556,770.00 $8,962,592.51 $ 33,618.01 .$3,875,888.01 [ $1.020.238.42 $584,984.91 $261,521.39 (2.000.77) $259,520,62 ($1,358,011,53) 53.079,605.58 1.016.29 (19.300.97) 1,225,172.57 (556,770.00) ($131,822.67) 52.503,534.61 5311,391.95 $420,274.93 19.894.15 72,699.42 $331288.101 $492.97.4.35 41 42 431 441 45 "47 111 Fees tested are per acre for one Residentfai Acre Equivalent (RAE). Each land use resents a different demand for services that are reflex In RAE adjustment factors per LMC 15.54.070. RTIF fee listed Is for one residential si .. le fa dwell ' wit -, male • 1 Wastewaterfees 8stedare perdwellintun61 uivalent 1 1 (2) Ending fund balance has not been reduced for a Measure K ban owing to S.ICOG. Thisan loWawa as of June 30, 2008 ts $96,1061 (3) Difference between investments and accountsketainages payable DevSer/l mpactFees/IM FAnnual Report2007-08.xls 08/26/2008 Coil: E29 Comment: Transfer from water to adjust overpayment/underpayment of fees Cell: G29 Comment: Transfer from water to adjust overpayment/underpayment of fees Cell: H29 Comment: Transfer from water to adjust overpayment/underpayment of fees Cell: C30 Comment: $835.18 -Transfer funds from IMF water fund to water capital fund (180) for water facilities constructed prior to 1991 with capacity to serve new development $5,931.30 - Transfer to Streets, Police & Fire to adjust overpeymenthinderpayment of fees Cell: E30 Comment: $60,081.93 - Transfer of funds from IMF Streets fund to street fiend (320) for street fames constructed before 1991 with capacity to serve new development. $56.108 - COG loan payment for Hwy 12/99 project Ce0: J30 Comment: $50,000 Yearly transfer to General Fund for the costs associated with the administration of the IMF program $334,139.04 - City stall' casts associated with General Putt update Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Celt E37 Comment Loan from Parks & Rec IMF for Lower Sacramento Rd project Cell: H37 Comment: Loan from Water IMF for Fife Station #4 project. Celt 137 Comment: Loan to Regional Street IMF for Lower Sacramento Rd project. DevSer/impadFees/IMFAnnualReport2007-08.xls w.w.w Accomt n1a 1H, iT 157E06 sramim rant Dorm tam rap 4,469199 *Mgr Connect 1.8N5 003 MOM wekn us(sy Pissing 1823550 waw Memo( Plan 182453 Wee 27 MIS MON suction nice Gomm MSG1018 322MB ssaaw Om 0ntr 1.170302 327043 RR nods Removal -Lodi Ave 3:51959 CET Wishes ReAeb &NM P&SC-Fk+a5litsn1ess9iop 3381601 Regi esi Treesp eCan Fees (Si Coady. SJC00) 1214001 A.sEivS Staler Mural 1211003 Cotaanga :R HarYeal 14. 890.1 1217001 Cermlry Meadow] Park 1217790 Parka Mawar 12165'.50 Ganenti Pian 1215031 CCtalathtn Nasty Plan. ENH(BIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF MOM 96PROVEMENT PROJECT EXPENFNTJRES FY MOAB wear stags 0teln 151 su.w MIT Pella 1 lit 1213 339314 48..59 611 20,911 21,916 4,O7 1.35 168 10208 5.472 99,1157 Totdl 482092 5,124 24,275 99.98' Padua & R a Oatga Faallia. Art IN Pub& Pt 3214 25,00 297,412 37.810 205.272 61,434 75,500 197,9E Impact Mitigation Fee Program Annual Report FY 2007/08 Cash Balances —End of Year Wastewater Water Storm Drain Streets Police Fire Parks & Recreation General City Facilities Art in Public Places $9,962,592 $33,618 $3,875,866 $1,605,223 $259,520 ($131,822) $2,503,534 $331,286 $492,974 Notable Revenues Flag City - $5.8 million ADM - $73.2 thousand Blue Shield - $1.6 million Notable Expenditures Surface Water Plant Feasibility Report Streets repayment of SJCOG loan General Plan Update Interfund Loans Water loan to Fire for Station #4 - $1,225,172 Parks loan to Streets for Lower Sacramento Road - $556,770 Questions CITY COUNCIL JOANNE L. MOUNCE, Mayor LARRY D. HANSEN, Mayor Pro Tempore SUSAN HITCHCOCK BOBJOHNSON PHIL KATZAKIAN CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.Iodi.gov September 26, 2008 Building Industry Association of the Delta 509 W. Weber Avenue, Suite 410 Stockton, CA 95203-3167 BLAIR KING City Manager RANDI JOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2007/08 Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, October 1, 2008. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the regular calendar for Council discussion. You are welcome to attend. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Randi Johl, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Rebecca Areida, Management Analyst, at (209) 333-6800, extension 2658. , F. Wally Sandelin • Public Works Director FWS/prnf Enclosure cc: City Clerk TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM K-03 AGENDA TITLE: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2008/09 MEETING DATE: September 2, 2009 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2008/09. BACKGROUND INFORMATION: The City's Development Impact Mitigation (IM) Fee program consists of eight separate fee categories/funds, plus the public art set-aside. They are Water, Wastewater, Streets, Storm, Police, Fire, Parks and Recreation and General City Facilities. The fees can only be used for new capital improvements/equipment needed to accommodate new growth. The fees were established in 1991 and updated last in 2006. In accordance with California State annual reporting requirements, staff has prepared the following exhibits: Exhibit A — A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2008/09. Exhibit B — A summary by account of public improvement projects on which fees were expended during FY 2008/09. In general, revenues for the prior fiscal year fell under budget estimates. Shortfalls generally do not affect operations as all the funds are for capital improvements and associated costs (such as engineering). An exception is the Wastewater IM Fund that is obligated to pay approximately $1.8 million per year for White Slough Water Pollution Control Facility Improvements. As previously reported to the Council, future revenues to the Wastewater IM Fund (entirely from redevelopment and new development) are expected to fall short of the debt service payments for the next four years by an accumulative amount of approximately $5.0 million. Wastewater rates are the source of funding being used to cover the shortfall. It is projected to take an additional five years beyond the next four before the rates are reimbursed from future development revenues. Revenue from some of the funds is being used to reimburse other funds for costs of past projects that were advanced ahead of the funds being available. These include a $1.225 million loan from the Water IM Fund to the Fire IM Fund for construction of Fire Station No. 4. This loan is not expected to be repaid for 20 years or longer. Additionally, the Parks IM Fund has loaned $278,000 to the Streets IM Fund that will be repaid this fiscal year. APPROVED: Blair King, City Manager K:\WP\IMFees\CIMFAnnualReport_0809.doc 8/27/2009 Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2008/09 September 2, 2009 Page 2 In the coming fiscal year, new projects funded by the IM program will be brought forward in the storm drainage, parks, and water areas. With the exception Water Well No. 28, the improvements will be funded by the various IM fund balances. Water Well No. 28 is an important water project that will be recommended for funding via a loan from the Water Capital Fund but by a separate action of the Council. Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information has been posted on the City's website and media, such as the Lodi News Sentinel and the Stockton Record, have been notified as to where to obtain the report. FISCAL IMPACT: None. FUNDING AVAILABLE: None required. F. Wally Sandelin Public Works Director Prepared by Rebecca Areida, Management Analyst FWS/RA/pmf Attachments RESOLUTION NO. 2009- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2008-09 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for fiscal year 2008-09, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: September 2, 2009 I hereby certify that Resolution No. 2009- was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 2, 2009, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — RANDI JOHL City Clerk 2009- K:1WP11MFees\lMFAnnualReport2008-09.xls 08/24/2009 A I B f C I D I E j F I G 1l T I ] I K EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2008109 Annual Report a 1 5 6 Fee: Wastewater 173 Water 182 Storm Drain 326 Streets _ 332 Regional Transp 338 Police Fire 1215 I 1216 Parks & Rec 1217 General Facilities 1218 Art in PP 1214 7 Fund #: 8 9 Fee Amount 7/1/08 - 12/31/08 (11_ 5,356 5,046 18,454 14,355 2,837 1,9831 1,938 27,868 8,012 2% 10 Fee Amount 1/1/09 - 6/30/09 (1) 5,785 5,334 19508 15,175 2837 2,0971 2,049 25,461 8,470 2% 11 12 Fund Balance - Beginning of Year 9,031,689.53 1,258.481.90 3,887,127.11 471,796.14 589,494.85 261,521.39 I (1,358,011.531 3,079,605.58 311,391.95 420,274.93 13 1 14 Revenues: 15 Investment Revenues 235,705.51 261,889.39 (6,619.81) 123,663.97 13,086.43 178,207.70 26.737.91 33.984.36 20,139.98 102.812.15 9,181.51 (3,381.56) 5,735.32 4.970.34 81,164.24 50,268.98 7,534.42 9,526.11 9,221.64 6,137.17 16 Imp ct Mitigation Fees 17 Other Revenue 6,750.00 115,970.00 231.57 18 19 Total Revenue 497,594.90 13,216.62: 417,841.67 60,953.84 122,952.13 14,916.83 1,688.76 131,433.22 17,060.53 15,358.81 20 21 22 Expenditures: 23 Capital Projects (372,757.96) (502,135.03)1 (310,895.69) (473,489.69) (46,522.97) 0.00 ` 0.00 0.00 (389,196.76) (166.333.83) 24 25 Total Expenditures (372,757.96) (502,135.03) (310,895.69) (473,489.69) (46,522.97) 0.00 , 0.00 0.00 (389,196.761` (166,333.83) 26 27 28 Other Sources (Uses): - 29 Operating Transfers in 1 30 Operating Transfers Out _ (7.076.961.001 (96,105.96) 31 32 Total Other Sources (Uses) (7,076,961.00) 0.00 I 0.00 (96,105.96) 0.00 0.00 0.00 0.00 0.00 0.00 33 34 35 Total Fund Balance - End of Year $2,079,565.47 $ 769,563.49 ' $3,994,073.09 ($36,845.87) 665,924.01 $276,438.22 ($1,356,422.75) $13,211,036.80 ($60,744.28) $269,299.91 36 Change in Receivables/Payables (2) (6,899.69) 11,727.92 16,529.11 402.83 (2,209.44) (917.18) 435.47 (9,730.12) 51,481.71 (893.50) 37 Interfund Loans $2,072,665.78 (1,225,172.571 $ 5443,881.16) 278,365.00 ] 1.225.172.57 (278.365.00) 38 Cash Balance - End of Year $4,010,602.20 $241,942.16 $663,714.57 $275,521.04 ($130,614.711 $2,922,923.68 ($9,262.57) $268,406.41 39 40 (1) Fees listed are per aCre for one presents a different demand for Residential Acre Equivalent (RAE),_.Each land use services that are reflected in RAE adjustment factors single family dwelling unit equivalent. L 1 er LMC 15.64.070. I� I 41 42 RTIF fee listed is for one residential 43 Wastewater fees listed are per dwelling unit equivalent 1 I I JI I 1. I 44 45 (2) Difference between investments and accounts/retainages payable K:1WP11MFees\lMFAnnualReport2008-09.xls 08/24/2009 Cell: B30 Comment: Transfer to Operations Fund 170 and White Slough Capital Fund 172 for past debt service Cell: E30 Comment: Final COG loan payment for Hwy 12/99 project. Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project Cell: E37 Comment: Loan from Parks & Rec IMF for Lower Sacramento Rd project Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell:137 Comment: Loan to Regional Street IMF for Lower Sacramento Rd project. K:IWPUMFees\MFAnnualReport2008-09.xls 08/24/2009 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2008109 Wastewater Water Storm Drain Streets RTIF Project No. Recount No. Description 173 1E2 325 732 E1d MWMM003 MS01017 173010 GPS Control Grid 173050 Collection Master Plan 173356 MSC Fleet Services Shop 182004 Vintner's Square 182005 Surface Water Design 182010 GPS Control Grid 182013 Sacramento Street Water Main 182356 MSC Fleet Services Shop 162463 Well #27 182465 Well #28 326004 Vintner's Square 326010 GPS Control Grid 326017 G -Basin 332004 Vintner's Square 332010 GPS Control Grid 332356 MSC -Fleet Services Shop 338501 Regional Transportation Fees (SJ County, SJCOG) 1214005 Celebrate the Harvest 1214006 Sacramento Street Mural 1214007 Better Days 1214008 Project Lodi Art 1214009 Japan town mural 1218003 Library Phase I Remodel 1218050 General Plan Total 14,66624 56,016.55 302,075.17 42,031.00 92,020 01 14,666 25 43,657.42 303,562.53 3,031.94 3,165.88 221,635.50 14,666.25 74,393.54 158,978.60 14,666.26 299,844.83 46,522.97 Police Fire Parks & Rec General Facilities Art in Public PI 5015 1215 1217 1296 121,683.24 267.51352 38,250.00 46,000.00 64,500.00 3,583.63 14,00000 372,757.96 502,135.03 315,895.69 473,489 69 46,522.97 0.00 0.00 0.00 369,196.76 166,333.83 ;ANENT R yf... RESOLUTION NO. 2009-124 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2008-09 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for fiscal year 2008-09, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: September 2, 2009 I hereby certify that Resolution No. 2009-124 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 2, 2009, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Katzakian, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS —Johnson and Mounce ABSTAIN: COUNCIL MEMBERS — None •r► DI JOHL City Clerk 2009-124 DERM NE ;- RECORD A 1 2 3 4 5 6 8 Fee: un 9 FeeAmount 7/1/08 12131/0$1) 10 Fee Amount 1/1/096130109 (1) 11 12 12 14 15 16 17 18 19 20 Fund Balance- Beginning of Year Revenues: r, I n EXHIB FTA F IMPACT MITIGATION FEE PROGRAM FY 2008109 Annual Report Wastewater Water Storm Drain Streets 1:y 32• 332 5,356 5,04 5,785 18,454 14, 5,3 19,50 9,631,689.53 1,258,481. 3,88772 J ! K egiona ransp olice 338 a s& ec :nate a. =3 in 7 1218 1214 1,938 27,868 15,17- 2,83" 2,09 2,049 29,461 8,012 2% 8,47C 2% Investment Revenues miugauon tees 235,705.51 (6,619. ]23,663:91 26,'X 7.91 20,139. - 9,1111.. 9,121. Other Revenue 6.759.,1L15.970.00 23157 Total Revenue 497,594.90 13,216.62 417,841.67 60,953.84 122,95213 14,916.83 1.588.78 21 22 23 24 Expenditures: 131,433,22 17,060.53 15,358.81 (502,135.0 (310,895.69) (4(3.489.69? (4b.c2L ar 0.00 0.00 25 26 27 28 29 30 31 32 33 34 35 Total Ex enditures Other Sources Uses 372 757.96. 502135.03 310 895.69 473 489.69 (46,522.94 0.00 " 0,00 0.00 (389,196.7(4 (166,333.83) 0.00 (388,196.78) (166,333.83„ Opera lino Transfers In Operating Transfers Out (7, 076,98770) Total Other Sources (Uses) I r, u (6,961.00) 0.00 (96,105. 0.00 (96,1ua.a6 u.uu v.0u 0.00 u.uu 0.00 u.uu 37 39 40 41. 42 43 44 45 n a .ein •Bal.n _ rd of Year Interfund Loans 789 583.49 J 11,,Z,. 994 073.09 38 845. tz, 78438.22 1 356 4 .75 3 211 038.80 60 7 8 . 289 9:.91 x• yI (278,385.04) $2.922,92.3.68 ($9,262.57) $268,406.41 Cash Balance. EndoEYear (1,225,172.5 278,385.'. 1,225,172.5' $2.072,665.78 $ (443.881.16) $4,010,602.20 9241,942.18 5663,714.57 5275,521.04 (5130.814.71) (1) Fees fisted a re per acre for on . ResidentIaIAcre Equivalent ' :. Each land use presents a different demandfor services that are reflected In RAE adjustment factors per LMC 15.64.070. RTJF fee listed is fir one residential singlefamily dwelling unit equivalent. Wastewaterlisted are per (wailing unit equivalent K:\WP1IMFees1IMFAnnualReport2008-09.xls (2)Dlfference b8tweeninveslmen)sandaccounts/retafnages payable/ 08/24/2009 'ERMANENT RECORD Cell: 830 Comment: Transferto Operations Fund 170 and White Slough Capital Fund 172 for past debt service Cell: E30 Comment: Final COG loan payment for Hwy 12!99 project. Cell: C37 Comment: Loan to Fire IMFfor FlreStatlon#4 project. Cell: E37 Comment: Loan from Parks& Rec IMFfor Lower Sacramento Rd project Cell: H37 Comment: Loanfrom Water IMF for Fine Station #4 project. Cell:137 Comment: Loan to Regional Street lMFfor Lower Sacramento Rd projecL K.KW PUMFeesUMFAnnualReport2008-09.xls PERMANEN '� ECORD Prelurl lfs. Attounl do De5e>1 MWW1003 V301017 W.Caw alo EXHIBITS IMPACT MRIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2008109 Water Stone Drain Stnsls 102 776 132 1730100P5 Cental Grld 173050 Collection MasterPlan 173356 MSC Fleet SeMoos Slop 182004N0804ra Square 182005 Surface Water Design 182010 GPS Control Grld 182013 Sacramento Street Water Main 182358 MSC Fleet Services Shop 182483 We9#27 182485 Well#28 326004 Vintner's Square 326010 GPS Control Grld 326017 G-Basln 332004 Vlnlneh Square 332010 GPS Control Grld 332356 MSC -Fleet ServicesShop 338501 ReglonalTransporlation Fees (SJ County. SJCOG) 1214005 Celebratethe Harvest 1214006 SacramerdoStreet Mural 1214007 Better Days 1214008PrOJeot Lodi Art 1214009 Japan town mural 1218003 Library Phase IRemodel 1218050 General Plan Total 14,665.24 56.01 &65 302,971.17 42,031.00 92,020.01 14,655.25 43.657,42 303,562.53 3,031.94 8,165.08 221,83590 14,86525 74.393.54 158,978.60 14,566.26 200.844.83 RTIF Police Fin Parks& Ree Osne el P10l111.. Art In Public Pl 1215 1216 1257 5216 i�14 121,683.24 287,513.32 38,250.00 46,000.00 84,500.00 3,583,83 14,000.00 '372 757.58 802.135.03 310,905.69 473,489.69 46.522,97 0.00 0.00 0.00 388,198.76 168,333.83 111odi.gov\shares$\ WW Interna!\public_works\IMFAnnualReport2009-10.xls 08/24/2010 A I B I C I D r E l' F I 0 I H I I I J I K 1/ EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2009/10 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets Regional Transp Police Fire Parks & Rec j General Fadllties Art in PP 7 8 _ _ Fund #. _ 173 182 326 332 338 1215 1216 1217 1218 1214 9 Fee Amount 7/1/09 - 12/31/09 (1) 5,785. 5,334 19,508 15,175 3.002 2,097 2,049 29,461, 8,470 2% 10 Fee Amount 1/1/10 - 6/30/10 (1) 5,7851 5,390 19,713 15,335 3.002 2,119 2,070 29.770! 8,558 2% 11 i 12 Fund Balance- Beginning of Year 2,017.426.91 771,104.07 3,967,598.90 (42,528.32) 661,360.80 274,605.12 (1,355,552.03) 3.193.441.04 1 (62,626.73) 266,867.53 13 14 Revenues: 15 Investment Revenues 19,188.75 (3,073.38) 270,862.80 26,698.31 7,219.18 2.361.89 460,649.99 4,573.58 29,130.44 2,232.55 126,046.93 (124.45 15,655.80 80,426.04 695.94 1,592.84 41,479.39 1,155.01 362.24 16 Impact Mitigation Fees 321,478.14 17 Other Revenue 18 19 Total Revenue 340,664.89 267,789.42 33,917.49 463,011.88 33,704.02 128,279.48 80 301.59 16,351.74 43,072.23 1,517.25 20 21 22 Expenditures: 23 Capital Projects (6,542.87) (40,184.88) (641,902.02) (20.560.69) (642.42) 0.00 0.00 (436,156.90) (378,277.74) (80,373.93y 24 25 Total Expenditures (6,542.87) (40,184.88) (641,902.02) (20,560.69) (642.42) 0.00 0.00 (436,156.90) (378,277.74); (80,373.93) 26 27 28 Other Sources (Uses): 29 Operating Transfers In 30 Operating Transfers Out (1.555,424.731 (4,238.41) 31 32 Total Other Sources (Uses) (1,555,424.73)' 0.00 0.00 (4,238.41) 0.00 0.00 0.00 0.00 0.00 ' 0.00 33 34 35 Total Fund Balance - End of Year $796,124.20 $ 998,708.61 $3,369,614.37 $395,684.46 694,422.40 $402,884.60 ($1,275,250.44) 52,773,635.88 ($397,832.24) $188,010.85 36 Change in ReceivablesfPayables (2) (199,983.55)I (269,193.68) 28,293.00 (457,924.83) (711.77) (125,634.06) (80,350.44 I 11,701.96 (40,497.75) (10.75) 37 Interfund Loans i (1.225,172.57) (55,000.00) 238,385.00 1,225,172.57 (238,385.00) 55,000.00 38 Cash Balance - End of Year $596,160.65 $ (495,657.64) $3,332,907.37 $176,144.63 $693,710.63 $277,260.84 ($130,428.31) $2,546,952.84 ($383,329.99) $188,000.10 39 40 111 Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use presents a different demand for services that are reflected in RAE adjustment faotorser R11F fee listed is for one residential single family dwelling unit equivalent. LMC 15.64.070. 41 42 43 . Wastewater fees listed are per dwelling unit equivalent I 44 J f I 1 45 (2) DitferenCe between investments and accounts/retainages payable I 111odi.gov\shares$\ WW Interna!\public_works\IMFAnnualReport2009-10.xls 08/24/2010 Cell: B30 Comment: VVastwater COP Debt Service - Future Users Portion Cell: E30 Comment: Transfer of funds from IMF Streets fund to street fund (320) for street facilit es constructed before 1991 with capacity to serve new development Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: D37 Comment: Loan to General City Facilities IMF for the IMF update Cell: E37 Comment: Loan from Parks & Rec IMF for Lower Sacramento Rd project Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell:137 COrmnent: Loan to Regional Street IMF for Lower Sacramento Rd project. Cell: J37 Comment: Loan from Storm IMF for the IMF update \Vodi.gov\shares$\WWWIntemallpublic worksIMFAnnualReport2009-10.xls 08/24/2010 Project No. Account Nb.acrtp f7elion MWMOG3 MSD1017 173019 GPS Control Grkl 173356 MSC Fleet Services Shop 182005 Surface Water Design 182010 GPS Control Grid 182356 MSC Fleet Services Shop 182463 Well #27 182485 Well #28 326010 GPS Control Grid 326017 G -Basin 326037 G -Basin Storm Pump Station 326040 Debenedetti Park Phase 1 332010 GPS Control Grid 332088 Kettleman Gap 332356 MSC -Fleet Services Shop EXHIBIT B IMPACT IVIITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2009110 Wastewater Water Storm Drain 13y: 182 Sheets g32 338501 Regional Transportation Fees (SJ County, SJCOG) 1214001 Art in Public Places 1214005 Celebrate the Harvest 1214007 Better Days 1214008 Project Lodi Art 1214009 Japan town mural 1217004 MPRO59 Century Meadows Park 1217005 Grape Bowl Surface 1217017 MPRO52 G Basin 1217040 Debenedetti Park Phase 1 1218003 Library Phase I Remodel 1218050 General Plan 1.860 5,059 2,934 1,484 5,059 21,546 9,163 1,484 562,963 1,106 76,350 RTIF Police Fire Parks & Ree General FacIlitles Art In Public PI 3321 1215 1216 1217 1216 1214 1,484 2,500 16,577 642 91,215 155,774 125,186 63,981 25,919 352,359 1,675 42,133 21,500 86 15,000 Total 6,542.87 40,184.86 641,902.02 20,560.69 642.42 0.00 0.00 436,156.90 376,277.74 80,373.93 CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C • 15 AGENDA TITLE: Adopt Resolution Approving Impact Mitigation Fee Program Annual Report for Fiscal Year 2010/11 MEETING DATE: October 19,2011 PREPARED BY: Public Works Director RECOMMENDEDACTION: Adopt a resolution approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2010/1 1 _ BACKGROUND INFORMATION: The City's Development Impact Mitigation (IM) Fee program consists of eight separate fee categories/funds, plus the public art set-aside and the Regional Transportation Impact Fee. They are Water, Wastewater, Streets, Storm, Police, Fire, Parks and Recreation and General City Facilities. The fees can only be used for new capital improvements/ equipment needed to accommodate new growth. The fees were established in 1991 and updated last in 2006. In accordance with the State's annual reporting requirements, staff has prepared the following exhibits: ExhibitA - A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expendituresfrom each account for FY 2010/11. Exhibit B — Asummary by account of public improvement projects on which fees were expended during FY 2010/11. In general, most revenues for the prior fiscal year fell under budget estimates with the exception of Wastewater which received unanticipated capacity fees associated with the PCE/TCE remediation project. Shortfalls generally do not affect operations as all the funds are for capital improvements and associated costs (such as engineering). An exception is the Wastewater IM Fund that is obligated to pay approximately $1.5 million per year for White Slough Water Pollution Control Facility Improvements. Revenue from some of the funds is being used to reimburse other funds for costs of past projects that were advanced ahead of the funds being available. These include a $1.225 million loan from the Water IM Fund to the Fire IM Fund for construction of Fire Station No. 4. Additionally, the Water IM Fund has a remaining loan due of $50,000 from the Water Capital Fund that will be repaid this fiscal year and the General City Facilities IM Fund has a loan due of $55,000 to Storm IM Fund for the Impact Fee Program Update. Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information has been posted on the City's website and media, such as the Lodi News Sentinel and the Stockton Record, have been notified of the report's availability. FISCAL IMPACT: None. FUNDING AVAILABLE: None required. Al F. Wally Sdelin Public Works Director Prepared by RebeccaAreida-Yadav, ManagementAnalyst Attachments APPROVED: Konra• Bartlam, City Manager K:1WP\IMFees\CIMFAnnualReport_1011.doc 9/27/201 K: \W P\IMFees\IMFAnnualReport2010-11.xIs 09/02/2011 A B C [ D I E j F 1 1 _ EXHIBIT A 2 _ IMPACT MITIGATION FEE PROGRAM 3 FY 2010111 Annual Report 4 5 H 6 7 Fee: Fund #: Wastewater 173 Water 182 Storm Drain 326 Streets 332 R lanai Tran 338 Police 1215. Fire 1216 Parks & Rec 1217 (General Facilities 1218 Art in PP 1214 8 9 10 11 Fee Amount 7!1/10 -12/31/10 1 Fee Amount 1/1/11 -6/30/11 (1) 5 755 5.938 5,390 5.584 19,713 20,422 -- 15,335 15.887 3,002 .3 .002 2.119 2,196 2,070 2,145 29.770 30.841 8.558 8.866 2% 2% €2 Fund Balance - Beginning of Year _796,124.20 998,708.61 3.359,614,37 395,684.46 594.422.40 402,884.60 (1.275.250.44) 2,773,635.88 13 (397,832.24) 188,010.85 14 15 Revenues: - Investment Revenues 7,849.10 ' 742.87 I 14,576.90 2,131.24 3,426.49 2,016.16 (516.27) 5277.21 (4,927.67) 995.93 16 17 18 Irn ctMitigationFees 3,025.135.26 14,802.581 180,162.72 113,927.40 213,250.48 18,507.91 19,888.71 35,763.60 29,114.26 5,130.93 Other Revenue 19 Total Revenue 3,032,984.36 15,545.45 194,739.62 116,058.64 215,676.97 20,524.07 f 19,372.44 41,040.81 24,186.59 6,126.86 20 21 ij 22 Expenditures: _ 23 24 Capital Projects (91,966.49) (371,653.35) (1,259,182.02) (445,153.76) (468,495.47) 0.00 0.00 (2,124,439.41) (51,482.25)1 (26,973.05) 25 Total Expenditures (91,966.49) (371,653.35) (1,259,182.02) (445,153.76) (488,4.95.47) 0.00 0.00 (2,124,439,41) (51,482.25) (26,973.05) 26 27 — 1 28 Other Sources (Uses): 29 Operating Transfers In 500,026.69 370.127.90 30, Operating Transfers Out (1,637,830.12) (68,775.11) (68.404.29) (33,153.89) (24,874.29) (68.404.29) 31 32 Total Other Sources (Uses) (1,637,830.12) 431,251.58 (68,404.29) (33,153.89 0.00 (24,874.29) 0.00 (68,404.29) 370.127.90 0.00 33 _ 34 35 36 Total Fund Balance - End of Year $2,099,311.95 $ 1,073,852.29 $2,226,767.68 $33,435.45 442,603.90 5398,534,38 _41,255,878.00) $621,832.99 ($55,000.00) 5167,184.66 Change in Receivables/Payables (2) 7.551.13 18,796.36 (990,121.52) 380,824.74 (55,000.00) 1,734.96 116.663.61 1,225.172.57 59,470.57 55,000.00 1,140.69 37 Interfund Loans 38 Cash Balance - End of Year $2,106,863.08 $ 102,527.13 $2,552,592.42 $35,170.41 $559,267.51 $398,534.38 ($30,705.43) $681,303.56 $0.00 $168,305.35 39 40 41 (1) Fees listed are per acre for one presents a different demand tor Residential Acre services that are Equivalent (RAE . Each land use reflected in RAE adjustment factors per LMC 15.64.070. ' 42 RTIF fee listed is for one residential single family dwelling unit equivalent. 43 _ Wastewater fees listed are per dwelling unit equivalent 1 _ 44 f 1 45 (2) Difference between investments and aocountslretainagespayable� K: \W P\IMFees\IMFAnnualReport2010-11.xIs 09/02/2011 Cell: C29 Comment: Reimbursement of prior expense for the design of the Surface Water Treatment Plant. Transfer in from Water Capital Fund 181. Cell: J29 Comment: Transfer in from Wastewater, Water, Storm, Streets, Police and Parks & Rec Impact Fees for the General Plan Cell: B30 Comment: Wastwater COP Debt Service - Future Users Portion ($1,569,364.38) Fund transfer to General City Facilities Fund (1218) for General Plan ($68,465.74) Cell: C30 Comment: Transfer of funds to Water Capital fund (181) for water facilities constructed before 1991 with capacity to serve new development ($309.37) Fund transfer to General City Facilities Fund (1218) for General Plan ($68,465.74) Cell: D30 Comment: Fund transfer to General City Facilities Fund (1218) for General Plan Cell: E30 Comment: Transfer of funds from IMF Streets fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development ($8,279.60). Fund transfer to General City Facilities Fund (1218) for General Plan ($24,874.29). Cell: G30 Comment: Fund transfer to General City Facilities Fund (1218) for General Plan Cell: 130 Comment: Fund transfer to General City Facilities Fund (1218) for General Plan Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project ($1,225,172.57) and a loan from Water Capital for Well 16R ($50,000). Cell: D37 Comment: Loan to General City Facilities IMF for the IMF update Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell: J37 Comment: Loan from Storm IMF for the IMF update K:\WP\IMFees\IMFAnnualReport2010-11.xIs 09/02/2011 Project No. Account No. Deunolion waslowater EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2010/1 1 Water Storm Drain Streets 332 RTIF 212 Police Fire Parks & Ree General Facilities Art in Public P1 12]5 1216 1217 1216 1414 173005 5 8asin PLunp S14tiun 4.744.48 173034 Impact Fee Update 67.222.03 182005 Surface Water Design 1,020.66 182034 Impact Fee Update 76,318.15 182463 Well #27 293,102.41 MWWI003 182465 Well#28 1,212.13 MSDI017 326017 G -Basin 238,57859 326034 Impact Fee Update 21,303.28 326037 GBasin Storm Pump Station 748,883.87 326040 Debenedetti Park Phase 1 250,416.30 332088 Ketleman Gap 8,790.00 332008 Hamey Lane Widening 436,363.76 338502 Homey Lane Interim Improvements 468,495.47 1214001 Art in Public Places 793.78 1214011 Johnson Sculpture Exhibit 23,622.81 1214012 Project Lodi Art - Van Buskirk 2,558.48 1217005 Grape Bowl Surface 1,558,911.53 1217010 Pixley Park 6,55270 1217040 Debenedetti Park Phase 1 558,975.18 1218033 IMF Update 46,252.01 1218034 Impact Fee Update 4,194.86 1218050 General Plan 1.035.38 Total 91.966.46 371,653.35 1,259,182.02 445,153.76 468,495.47 0.00 0.00 2,124,439.41 51,482.25 26,973.05 RESOLUTION NO. 2011-165 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2010/11 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Impact Mitigation Fee Program Annual Report for fiscal year 2010/11, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: October 19, 2011 I hereby certify that Resolution No. 2011-165 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 19, 2011, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None 2011-165 A 1 2 3 4 i a C 12 F. I F A H I K J EXHIBIT A IMPACT MITIGATION FEE PROGRAM FY 2870197 Annual Report 5 8 9 10 Lt Fee Amount 7/1/10 - 12/31/10 (1) Fee Amount 1/1/11 - 6/30/11 (1) 5.785 5.938 5.390 5.584 19,713 20.422 15.335 15.887 3.002 2.119 2 070 29,770 8.558 2% 3.002 2.196 2.145 30.841 8.866 2% 12 Fund Balance - Beainnino of Y 998 7n8 61 395 684 44 I 402 0 250 13 •--.-...... _< ., �. �, x.00 t ,,V,.0OL.C•,rl ovo.vRJ.oa 14 Revenues: 1 1 1 15, Investment Revenues 7,849.10 742.87 14.576.90 2,131.24 3.426,49 2.016.16 (516.27) 5,277.21 (4.927.67)_ 995.93 16 ImpaCtMiligation Fees 3.025.135.26 14,802.58 180,162.72 113.927.40 213.250.48 18,507.91 19.868.71 35.763.60 29.114.26 5,130.93 17 Other Revenue 18 19 Total Revenue 3,032,964.36 15,545.45 194,739.62 116,058.64 216.676.97 20.524.07 14,372.44 I 41,040.01 24.186.59 6126-86 20 22 C ddart 23.rapiiai�roecls(91,966.49) (371,653.35) (1,259,182.02) (445,153.76) (468,495.47) 0.00 0.00 (2.124,439.41) (61;4&2,zfi) (.'_5,97305) 24 25 Total Ependitures J91,966.49) (371,853.35) (1.259,162.02) I (445,153.76) (468,495.47) 0.00 0.00 (2,124,439.41 ) (51,482.25) (26.973.051 26 27 28 ether Sources (uses): 29 OperatingTransfersln 500,028,69 370-127,90 30 Operating TransFersOut (1.637.830.12) (68.775.11)1 (68.404.29) (33.15389) (24,574.29) (68,404.29) 31 32 Total Other Sources {Uses) (1,637,830.12) 431,251.58 (68,404.29) (33.153.89) 0.00 1 (24.87429) 0.00 (68.40429) 370,127.90 0.00 33 34 35 I ofai t`uno iialance - tnd el Year 52.099,311.95 $ '1,).4.3.652.29 82,22b,/b/.b6S 6:3,5,4;.1.5.4; 444-Aj',yif s.145,544.35 (51,254.{6/6.O0) 5621A32.99 (Sab,lklU.Uuf $161,164^86- 36 Change in Receivables/Payables (2) 7.551.13 18.796-38 380,824.74 1,734.96 116,663.61 59,470.57 1.140.69 37 Interfund Loans (990,121.52) (55,000.00) 1,225,172.57 55,000.00 38 Cash Balance • End of Year $2,106,863.08 $ 102.527,13 52.552.592.42 $35,170.41 5659,267.61 5398,534.38 (530.705.43) 5681,303.r $0.00 5168,305.35 39 i 40 (1) Fees listed a e per acre for one Residential ACre EQUtvalent (RAE). Each land use 41 presents a differentdemand for services that are reflected in RAE adluslment factors per LMC 15.64.070. 42 RT IF fee listed IS fpr one residee tielsinplefamily dwelling unit equivalent 43 .stewater fees listed are per dwelbrto unitequtalent I 44 I I et Ina es t5,111/2.:._____,___ K;\WP\I MFees\IMFAnnualReport2010-11.xls 09/02/2011 Cell: C29 Comment: Reimbursementof prior expense for the design of the Surface Water Treatment Plant Transfer in from Water Capital Fund 181. Cell: J29 Comment: Transfer in from Wastewater, Water, Storni, Streets, Police and Parks& Rec Impact Fees for the General Plan Cell: 830 Comment Wastwater COP Debt Service- Future Users Portion($1,569,354.38) Fund transfer to General City Facilities Fund (1218) for General Plan ($68,465.74) Cell: C30 Comment: Transfer of funds to Water Capital fund (181) for water facilities constructed before 1991 with capacityto serve new development($309.37) Fund transfer to General City Facilities Fund(1218) for General Plan($68,465.74) Cell: D30 Comment: Fundtransferto General City Facilities Fund (1218) for General Plan Cell: E30 Comment: Transfer of funds from IMF Streets fund to street fund (320) for streetfealities constructed before 1991 with capacity to serve new development($8,279.60). Fund transfer to General City Facilities Fund (1218) for General Plan ($24,874.29), Cell: G30 Comment: Fund transfer to General City Facilities Fund (1218) for General Plan Cell: 130 Comment Fund transfer to General City Facilities Fund (1218) for General Plan Cell: C37 Comment: Loan to Fire lMFfor Fire Station #4 project ($1,225,172.57) and a loan from Water Capitalfor Well 16R ($50,000). Cell: D37 Comment: Loan to General City Facilities IMF for the IMF update Cell: H37 Comment: Loan from Water IMFfor Fire Station #4 project. Cell: J37 Comment: Loan from Storm IMF for tae IMF update K1WP1IMFeesUMFAnnualReporf2010-11.xds 09/02/2011 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPR+ VANIEIIT PROJECT EXPENDITURES Water 182 Storm Drain 898188 32, 332 7005 G 6ssinPump Sa4or. 173034 Impact Fee Update 182005 SurfaceWater Design 182034 Impact Fee Update 182463 Well#27 NW 1003 162465 Well #28 501017 326017 G -Basin 326034 Impact Fee Update 326037 G-BasinStorm PumpStatlon 326040 Debenedetti Park Phase 1 332088 Kettleman Gap 332008 Harney Lane Widening 338502 Harney Lane Interimimprovements 1214001 Art in Public Places 1214011 Johnson SculptureExhibit 1214012 Project LodiArt- Van Buskirk 1217005 Grape BowlSurface 1217010 Plxley Park 1217040 Debenedetti Park Phase 1 1218033 IMF Update 1218034 Impact Fee Update 1216050 General Plan To! a 4,744.40 87,222.03 1,020.58 78,318.15 293,102.41 1212-13 236,578.59 21,303.28 748,883.87 250,416.30 8,790.00 436,383.78 91,956.49 371,853.35 1,259,182.02 445,153.76 RTIF 338 488,495.47 468.495.47 Police 1215 Fire Parks&Rec Dais-ai F9E919.s AKm Ile Pl 1218 1217 1218 1,556,911.53 8,552.70 556,975.18 46,252.01 4,194.86 035 36 793-78 23,822.61 2,556.46 0,00 0.0D 2,124,439 41 51,482.25 26,873.05 K:\WP11MFees\IMFAnnualReport201 D-11.xIs 09/02/2011 A 1 B 1 C 1 D 1 E i F 1 G f H 1 I J J I K 1 EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2010/11 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets Regional Transp Ponce Fire f Parks & Rec General Facilities Art in PP 7 Fund #: 173 182 326 332 338 1215 1216 1217 1218 1214 8 9 Fee Amount 7%1/10 - 12/31/10 (1) 5,785 5,390 19,713 15.335 3,002 2.119 2,070 29,770 8.558 2% 10 Fee Amount 1/1/11 -6/30/11 (1) 5.938 5.584 20.422 15.8871 3,002 2,196 2,145 30,841 8,866 _ 2% 11 12 Fund Balance - Beginning of Year 796.124.20 998,708.61 3,359,614.37 395,684.46 694,422.40 402,884.60 (1.275,250.44) 2,773,635.88 (397,832.24) 188,010.85 13 14 Revenues: 15 Investment Revenues 7,849.10 742.87 14,576.90 2.131.24 3,426.49 2,016.16 (516.27) 5.277.21 (4,927.67) 995.93 16 Impact Mitigation Fees 3,025.135.26 14,802.58 180,162.72 113,927.40 1 213,250.48 18,507,91 19,888,71 35,763.60 29,114.26 5.130.93 17 Other Revenue 18 19 Total Revenue 3,032,984.36 15,545.45 194,739.62 116,058.64 216,676.97 1 20,524.07 19,372.44 41,040.81 24,186.59 6,126.86 20 21 22 Expenditures: 23 Capital Projects (91,966.49) (371.653.35) (1,259,182.02) (445,153.76) (468.495.47), 0.00 0.00 (2,124,439.41) (51,482.25), (26.973.05) 24 25 Total Expenditures (91,966.49)1 (371,653.35) (1,259,182.02) (445,153.76) (468,495.47) 0.00 0.00 (2,124,439.41) (51,482.25) (26,973.05) r26 l 27 28 Other Sources (Uses): 29 Operating Transfers In 500,026.69 370,127.90 30 Operating Transfers Out (1,637,830.12) (68,775.11) (68.404.29) (33,153.89) (24,874.29) (68,404.29) 31 32 Total Other Sources (Uses) (1,637,830.12) 431,251.58 168.404.29) (33,153.89) 0.00 (24,874.291 0.00 (68,404.29) 370,127.90 0.00 33 34 35 Total Fund Balance - End of Year $2,099,311.95 $ 1,073,852.29 $2,226,767.68 933,436.45 442,503.90 $398,534.38 ($1,255.B78.00) $621,832.99 59,470.57 (555,000.00) $167,164.65 1.140.69 36 Change in Receivables/Payables (2) 7.551.13 18.796.36 380.824.74 1,734.96 116,663.61 37 Interfund Loans (990.121.52) (55.000.00) 1,225.17257 55,000.00 38 Cash Balance - End of Year $2,106,863.08 $ 102,527.13 $2,552,592.42 $35,170.41 $559,267.51 $398,534.38 ($30,705.43) $681,303.56 $0.00 $168,305.35 39 40 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use 41 presents a different demand for services that are reflected in RAE adjustment factors per LMC 15.64.070. 42 RTIF fee listed is for one residential single Family dwelling unit equivalent. 43 Wastewater fees listed are per dwelling unit equivalent 44 1 I I 45 (2) Difference between investments and armunts/retainages payable K:\WP11MFees\IMFAnnualReport201 D-11.xIs 09/02/2011 Cell: C29 Comment: Reimbursement of prior expense for the design of the Surface Water Treatment Plant. Transfer in from Water Capital Fund 181. Cell: J29 Comment: Transfer in from Wastewater, Water, Storm, Streets, Police and Parks & Rec Impact Fees for the General Plan Cell: B30 Comment: Wastwater COP Debt Service - Future Users Portion ($1,569,364.38) Fund transfer to General City Facilities Fund (1218) for General ' Ian ($68,465.74) Cell: C30 Comment: Transfer of funds to Water Capital Fund (181) for water facilities constructed before 1991 with capacity to serve new development ($309.37) Fund transfer to General City Facilities Fund (1218) for General Plan ($68,465.74) Cell: D30 Comment: Fund transfer to General City Facilities Fund (1218) for General Plan Cell: E30 Comment: Transfer of funds from IMF Streets fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development ($8,279.60) Fund transfer to General City Facilities Fund (1218) for General Plan (524,874.29). Cell: G30 Comment: Fund transfer to General City Facilities Fund (1218) for General flan Cell: 130 Comment: Fund transfer to General City Facilities Fund (1218) for General Plan Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project ($1,225,172.57) and a loan from Water Capital for Well 16R ($50,000). Cell: D37 Comment: Loan to General City Facilities IMF for the IMF update Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell: J37 Comment: Loan from Storm IMF for the IMF update K:\WP\IMFees\IMFAnnualReport2010-11.xIs 09/02/2011 Wastewater 0cstr,ution EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2010111 Water Storm Drain Streets 330 RT1F 335 Police Fire Parks & Rec General Facilities Art in Public P1 16 1217 > iii.! j - 173055 G Basin Pump Station 4 :4-....115 173034 Impact Fee Update 87,222.03 182005 Surface Water Design 1,020.66 182034 Impact Fee Update 76,318.15 182463 Well #27 293,10241 MWWI003 182465 Welt #28 1,212.13 MSDI017 326017 G -Basin 238,578.59 326034 Impact Fee Update 21,303.26 326037 G -Basin Storm Pump Station 748,883.87 326040 Debenedetti Park Phase 1 250,416.30 332088 Ket0eman Gap 8,790.00 332008 Harney Lane Widening 436,363.76 338502 Hamey Lane Interim Improvements 468,495.47 1214001 Art in Pubic Places 793.78 1214011 Johnson Sculpture Exhibit 23,622.81 1214012 Project Lodi Art - Van Buskirk 2,556.46 1217005 Grape Bowl Surface 1,556,911.53 1217010 Pixley Park 6,552.70 1217040 Debenedetti Park Phase 1 558,975.18 1218033 IMF Update 46,252.01 1218034 Impact Fee Update 4,194.86 1218050 General Plan 1,035.38 Total 91,966.49 371,653.35 1,259,182.02 445,153.76 468,495.47 0.00 0.00 2,124,439.41 51,482.25 26,973.05 1M CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM C AGENDA TITLE: Adopt Resolution Approving Impact Mitigation Fee ProgramAnnual Report for Fiscal Year 2011/12 MEETING DATE: October 17, 2012 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution approving the Impact Mitigation Fee Program Annual Report for Fiscal Year 2011/12. BACKGROUND INFORMATION: The City's Development Impact Mitigation Fee (IMF) program consists of eight separate fee categories/funds, plus the public art set-aside and the Regional Transportation Impact Fee. They are Water, Wastewater, Streets, Regional Transportation, Storm, Police, Fire, Parks and Recreation and General City Facilities. The fees can only be used for new capital improvements/ equipment needed to accommodate new growth. The fees were established in 1991 and updated this year. In accordance with the State's annual reporting requirements, staff has prepared the following exhibits: Exhibit A - A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2011/12. Exhibit B — Asummary by account of public improvement projects on which fees were expended during FY 2011/12. Revenue from some of the funds is being used to reimburse other funds for costs of past projects that were advanced ahead of the funds being available. These include a $1.2 million loan from the Water IMF Fund to the Fire IMF Fund for construction of Fire Station No. 4. Additionally, the Water IMF Fund has a remaining loan due of $50,000 plus interest from the Water Capital Fund that will be repaid this fiscal year if fund balance allows and the General City Facilities IMF Fund has a loan due of $55,000 to Storm IMF Fund for the Impact Fee Program Update. Per State law, this information needs to be available to the public at least 15 days prior to review by the City Council. This information has been posted on the City's website and media, such as the Lodi News Sentinel and the Stockton Record, have been notified of the report's availability. FISCAL IMPACT: None. FUNDING AVAILABLE: None required. LeittL-- Prepared by RebeccaAreida-Yadav, ManagementAnalyst Attachments F. Wally,andelin Public Works Director APPROVED: Konradt Bartlam, City Manager K:1WP\IMFees\CIMFAnnualReport_1112,doc 9/5/2012 K:\WPUMFees\IMFAnnualReport2011-12.xls 09/04/2012 A l3 C D I E I F I G I H I l [ J [ K 1 EXHIBIT A 2_ IMPACT MITIGATION FEE PROGRAM 3 FY 2011112 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets 332 Regional Transp 338 Police 1215 Fire 1216 Parks & Rec 1217 General Facilities 1218 Art in PP t 1214 7 Fund #: 173 182 175 8 5,5841_ 5.72111 20,422 20,9241 15.887 16,277 2,937 2.987 2,196 2.249 2,145 2,198 30,841 31,599 8,865 9.084 2?1 2% 9 Fee Amount 7/1/11 -12/31/11 (1) 5.938 10 Fee Amount 1/1/12-6/30112(1) 6.140 11 12 Fund Balance Inn) of Year 2,101,645.79 1,073,85229 2,229,571.52 33.435.451 443,242.88 i 398,988.64 (1,255,910.94)1 622,645.46 [ (55.397.10) 167,345.23 13 14 Revenues: 15 Investment Revenues 9,400.12 (543.76) 466.38 249.43 377,912.20 1,017.36 147,976.15 1,377.49 101,973.11 _ (63.62) 67,438,31 1,888.09 28,899.14 410.24 56,499.92 766.32 15,678.48 i., Impact Mitigation Fees 146,418.04 111,428.71 74,560.47 17 Other Revenue 18 19 Total Revenue 155,818.16 110,884.95 75,026.85 378061.63 148,993.51 103,350.60 67,374.69 30,787.23 58,910.16 16444.80 20 21 22 Expenditures: 23 Capital Projects (7.903.29)1 (29,973.67) (1.555,335.5f3) (80,979.86) (195,780.49) (23,782.04) (20,475.00) (134,561.46)[ (73,106.33) (1,364.80) 24 25 Total Expenditures (7,903.29) (29,973.67) (1,565,335.56) (80,979.86) j195,780.49) (23,782.04) (20,475.00) (134,561.46) (73,106.33) (1,364.80) 26 27 28 Other Sources (Uses): 29 Operating Transfers In 30 Operating Transfers Out (1.571,979.98) (26.378.29) (478,000.00) 31 32 Total Other Sources (Uses) (1,571,979.98) 0100 0.00 (26,378.29) 0.00 (478,000.00) 0.00 0.00 0.00 0.00 33 34 35 Total Fund Balance - End of Year $677,580.68 $ 1,154,763.57 5739,202.81 5304,238.93 1 396,465.90 $396,455.90 $557.20 $557.20 I ($1,209,011.25) 1,209,024.89 $13.64 $51871.23 _ $518,871.23 ($71,593.27) 55,000.00 (816,593.27), $182,425.23 (155.46) $182,269.77 36 Change in Receivables/Payables (2) 517,249,51) $660,331.17 574.29 (1,157,973.84) $ (2,635.98) 2,995.06 (55,000.00) $687,257.87 $304,238.93 37 Interfund Loans 38 Cash Balance - End of Year 39 40 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use presents a different demand for services that are reflected in RAE adjustmentfactors per LMC 15.64.070. 41 42 RTIF fee listed is for one residental single family dwelt • unit equivalent _ 43 Wastewater fees listed are • • r dwelt • unit =• uivalent 44 I 45 (2) Difference between investments and accounts/retainages payable! K:\WPUMFees\IMFAnnualReport2011-12.xls 09/04/2012 Cell: B30 Comment Wastwater COP Debt Service - Future Users Portion. Cell: E30 Comment: Transfer of funds from IMF Streets fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. Cell: G30 Comment Transfer to General Fund for repayment of debt service on the Public Safety Building. Cell: C37 Comment Loan to Fire IMF for Fire Station #4 project ($1,209,024.89) and a loan from Water Capital for Well 27 ($51,051.05). Cell: D37 Comment: Loan to General City Facilities IMF for the IMF update Cell: H37 Comment Loan from Water IMF for Fire Station #4 project. Cell: J37 Comment: Loan from Storm IMF for the IMF update K:1WP1IMFees\lMFAnnualReport2011-12xds 09/04/2012 Account No. Descricnon Wastewater 173 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2011/12 Water 182 Storm Drain 175 Streets 332 R11F 338 Police Fire Parks & Ree General Facilities Art in Public PI 1215 1215 1217 1218 1214 173034 Impact Fee Update 173005 G -Basin Pump Station 182034 Impact Fee Update 12,647.75 (4,744.46) 9,340 71 182463 Wet #27 20,632.96 175034 Impact Fee Update 69,424.90 175061 G -Basin Storm Pump Station 1,467,32791 175040 Debenedetti Park Phase 1 28,582.75 332034 Impace Fee Update 61,335.00 332008 Hamey Lane Widening 19,644.86 338502 Hamey Lane Interim Improvements 195,780.49 1214014 Project Plaques 1,364.60 1215034 Impact Fee Update 23,782.04 1216034 Impact Fee Update 20,475.00 1217443 Roget Park 19,902.98 1217743 Impact Fee Update 64,642.04 1217040 Debenedetti Park Phase 1 50,01644 1218033 IMF Update 121.75 1218034 Impact Fee Update 61,335.00 1218050 General Plan 11,649.58 Total 7.20329 29,973.67 1,565,335.55 80,979.86 195,780.49 23,782.04 20,475.00 134,561.46 73,106.33 1,364.80 RESOLUTION NO. 2012-164 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM -ANNUAL REPORT FOR FISCAL YEAR 2011/12 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Impact Mitigation Fee Program Annual Report for fiscal year 2011/12, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: October 17, 2012 I hereby certify that Resolution No. 2012-164 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 17, 2012, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2012-164 OHL City Clerk 1 E 1 1 EXHIBIT A IMPACT MITIGATION FEE PROGRAM FY 2011112 Annual Report ICNMIIIIIIIIIIIMMIIIIIMI i Streets I 332 I I Police Fire ' ParKs & Rec General Facilities Art in PP 1215 i 1216 1217 1218 1214 p 1 IMINIIIIIMIIIIMMINIMM==1 Regional Trans. 338 Q Wastewater Water Storm Drain NI CI a] Fee Amount Mal - 12/31/11 (1) 173 182 175 immiiimmin 5,938 5,554' 20.422 15,887' 2.9871 18.2771 2.9871 2.196 2.249 2,145 2.1981 30,841' 8.856 2% 31,599 - 9.084 2% 10 Fee Amount 1/1/12 - 6/30/12 (1) 6,140 5.7211 20.924 11 1 I 1 1 EJ Fund Balance - = - •innin• of Year ® m Revenues: _ 2,101,845.79 1 1,073,852.29 2.229.571.52 33.435.45 i 443242.88 395,988.641 (1,255.910-94)I 622.645.46 1 (35,397.10 1 167,345.23 -- 9;400.12 (543.76) 466.38 1 i I 249.43 II Investment Revenues 1.011.36 1,377.49 (63.62)1s 1,888.09 410.24 I 766.32 1mpa0I Mitigation Fees `i 146,418.04 1 111.428.71 I 74,560.47 377.912.20 147,976.15 I 101,973.11 67.438.31 28,899.14 1 56,499.92 15,678,46 Other Revenue I I I 1 110,884.95 I 75 026.85 378,161.63 1 148,993.51 103 350.60 67.374.69 30.787.23 56,610.16 16,444.80 20 Expenditures: - - -~ 3,106,33 1,364.60 Ca•ital Pr ects .903.29 80.979. • 195,780.49 23.782,04 20.475.00) 134.561 .48 1 Total Expenditures '03.29 MDt1.20ij1I ll`i:-kt.-R-41j1M j 165 780.49 23, I 1 • 561.45= II millill I1111111.1111 ! I Other Sources Uses : I m Operating Transfers In 1 Operating Transfers Out (1,571,979.98) (26.378.29)1 1 478.000.00 1 MIME l Total Other Sources (Uses) (1,571,979.98) 0.00 1 0.00 (26,378.29) 0.00 (478,000.00) 0.00 0.00 0.00 1 0.00 1 1 I Total Fund Balance - End of Year $677,580.88 $ 1,154,763.57 $739,262.81 6304,236.93 396.455.90 17,249.51 574.29 2.995.06 (1,157,973.84) (55,000.00) $557.20 ($1,209,011.25) ' $518,871.23 I ($71,593 I $182,425.23 1 (155.46) Chan• in Receivab • - . . • - 37 Intel -fund Loans I 1,209,024.89 _ 55,000.00 38 Cash Balance- End of Year 39 $660,331.17 5 (2,635.98)1 5687,257.87 $304,238.93 } $398,455.90 1 5557.20 $13.64 $518,871.23 015,593.27) $182,269.77 { of III r11 fro a_4 rifted are oer acre for one Residents Acre Equivalent (RAE). Each land use i 41 42 43 44 45 K:WP11MFees\IMFAnnualRepor12011-12.xls presents a different demand for services that are reflected in RAE adjustment fac tors,per LMC 15.64.070. RTIF fee listed is for one residential sink family dwelling unit equivalent Wastewater fees listed are per dwefin unit uivaIent I 1 (2) Difference between investments and ac ountslretainages payable 09/04/2012 Cell: B30 Comment Wastwater COP Debt Service - Future Users Porton. Cell: E30 Comment Transfer of funds from IMF Streets fund to street fund (320) for street facilities constructed before 1991 with capacity to serve new development. Cell: G30 Comment Transfer to General Fund for repayment of debt service on the Public Safety Building. Cell: C37 Comment Loan to Fire IMF for Fire Station #4 project ($1,209,024.89) and a loan from Water Capital for Well 27 ($51,051.05). Cell: D37 Comment Loan to General City Fealties IMF for the IMF update Cell: H37 Comment Loan from Water IMF for Free Station #4 project Cell: J37 Comment: Loan from Storm IMF for the IMF update K:1W PUMFees1MFAnnualReport2011-12xls Wastewater .7a EXHIBIT B IMPACT MIi1GATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT I=XPEND1TURES FY 2011112 Water Storm Drain Streets RTIF 33 Police :2:-5 Fire Parks & Rec General Facilities Art In Public PI 1216 1217 1218 12t4 34 .. _a:r 6e_ Update ,.•��•.,,~,,••" ••_",u'17C1 :2,547,75 173005 GBasin Pump Station (4.744.46) 182034 Impact Fee Update 5,340.71 182463 Well #27 20,632.96 175034 Impact Fee Update 69,424.90 175061 G -Basin Storm Pump Station 1,487,327.51 175040 Debenedetti Park Phase 1 26,582.75 332034 Impace Fee Update 61,335.00 332008 Homey Lane Widening 19,644.86 338502 Harney Lane Interim Improvements 195,780.49 1214014 Project Plaques 1,364.80 1215034 Impact Fee Update 23.782.04 1216034 Impact Fee Update 20,475.00 1217443 Roget Park 19,902.98 1217743 Impact Fee Update 64,642.04 1217040 Debenedet8 Park Phase 1 50,016.44 1218033 IMF Update 121.75 81,395,00 61,335.00 1218034 Impact Fee Update 1218050 General Plan Total 7,90329 26,97387 1,565,335.58 80,979.86 195,780.49 23,782.04 20,475.00 134,561.46 73,108.33 1,384.80 K:\WP\IM Fees\IMFAnnualReport2011-12.xis 09/19/2012 A I B L C I 0 [ E j F I G [ H I I I ,l f K 1 EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2011/12 Annual Report 4 5 6 Fee: Wastewater Water Storm Drain Streets Rice ional Transp 338 Police 1215 Fire 1216 Parks & Rec 1217 General Facilities I Art in PP 1218 1214 7 Fund #: 173 182 175 332 8 9 FeeAmount7/1/11 - 12/31/11 (1) 5,938' 5,584 20,422 15.887 2,987 2,196 2145 30,841 8,866 2% 10 Fee Amount 1/1/12-6/30/12(1) 6,140 5,721 20,924 16,277 2,987 2,249 2,198 31,599 9.084 2% 11 r 12 Fund Balance- Beginning of Year 2,101,645.79 1,073,852.29 2,229,571.52 33,435.45 443,242.88 398,988.64 (1 255 622,645.46 , (55,397.10 1 157,345.23 13 14 Revenues: 15 Investment Revenues 9,400.12 (543.76L 466.38 249.43 1,017.36 1,377.49 (63.62) 67,438.31 1 885.09 28,899.14 410.24 56,499.92 766.32 15,678.48 16 Impact Mitigation Fees 146,418.04 111,428.71 74,560.47 377,912.20 147,976.15 101,973.11 17 Other Revenue 18 19 Total Revenue 155,818.16 110,884.95 75,026.85 378,161.63 148,993.51 103,350.60 67,374.69 , 30,787.23 56,910.16 16,444.80 20 21 22 Expenditures: 23 Capital Projects (7,903.29) (29,973.67) (1,565,335.56} (80,979.86) (195,780.49) (23,782.04). (20,475.00) (134,561.46) 573,106.33 (1,364.80) 24 25 Total Expenditures (7,903.29) (29,973.67) (1,565,335.56) (80,979.86) (195,780.49) (23,782.04) (20,475.00) (134.561.46) 173}106.33) (1,364.80) 26 27 28 Other Sources (Uses): 29 Operating Transfers In 30 Operating Transfers Out (1,571.979.98)1 (26,378.29) (478.000.00) 31 32 Total Other Sources (Uses) (1,571,979.98) 0.00 0.00 (26,378.29) 0.00 1 (478,000.00) 0.00 0.00 0.00 0.00 33 34 I 35 Total Fund Balance - End of Year $677,580.68 $ 1,154,763.57 $739,262.81 $304,238.93 396,455.90 $557.20 ($1,209,011.25). 8518,87123 ($71,593.27) $182,425.23 36 Change in Receivables/Payables (2) (17,249.51) 574.29 2,985.06 (155.46) 37 Interfund Loans $660,331.17 (1,157,973.84) $ (2,635.98) 55,000.00) $687,257.87 $304,238.93 096,455.90 $557.20 1,209,024.89 _ $13.64 $518,871.23 55,000.00 ($16,593.27) $182,269.77 38 Cash Balance - End of Year 39 40 (1) Fees listed are per acre for one Residential Acre Equivalent (RAE). Each land use presents a different demand for services that are reflected in RAE adjustment factors RT1F fee listed Is for one residential single family dwelling unit equivalent. per LMC 15.64.070. 1 41 42 43 Wastewater fees listed are per dwelling unit equivalent f 44 45 E (2) Difference between investments and accounts/retainages payable K:\WP\IM Fees\IMFAnnualReport2011-12.xis 09/19/2012 Cell: B30 Comment: Wastwater COP Debt Service - Future Users Portion. Cell: E30 Comment: Transfer of funds from IMF Streets fund to street fund (320) for s:: ea: facilities constructed before 1991 with capacity to serve new development. Cell: G30 Comment: Transfer to General Fund for repayment of debt service on the Public Safety Building. Cell: C37 Comment: Loan to Fire IMF for Fire Station #4 project ($1,209,024.89) and a loan from Water Capital for Well 27 ($51,051.05). Cell: D37 Comment: Loan to General City Facilities IMF for the IMF update Cell: H37 Comment: Loan from Water IMF for Fire Station #4 project. Cell: J37 Comment: Loan from Storm IMF for the IMF update K:\WP\IMFeesUMFAnnualReport2011-12.xls 09/19/2012 Account No. Dascrip!ion Wastewater 173 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2011/12 Water Storm Drain Streets 182 175 332 RTF 338 Police Fire Parks & Rec General Facilities Art in Public PI 1215 1216 173034 Impact Fee Update 173005 G -Basin Pump Station 12.647.75 (4,744.46) 182034 Impact Fee Update 9540.71 182463 Well #27 20,632.96 175034 Impact Fee Update 69,424.90 175061 G -Basin Storm Pump Station 1,467,327.91 175040 Debenedetti Park Phase 1 26582 75 332034 Impace Fee Update 61,335.00 332008 Hamey Lane lMdening 19,644.86 338502 Hamey Lane Interim Improvements 195,780.49 1214014 Project Plaques 1,364.80 1215034 Impact Fee Update 23,782.04 1216034 Impact Fee Update 20,475.00 1217443 Roget Park 19,902.98 1217743 Impact Fee Update 64,642.04 1217040 Debenedetti Park Phase 1 50,016.44 1218033 IMF Update 121 75 1218034 Impact Fee Update 61,335.00 1218050 General Plan 11.649.58 Total 7,903.29 29,973.67 1,565,335.56 80,97986 195,780.49 23,782.04 20,475.00 134,561.46 73,106.33 1,364.60 RESOLUTION NO. 2013-182 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2012/13 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Impact Mitigation Fee Program Annual Report for fiscal year 2012/13, as shown on Exhibits A and B attached and made a part of this Resolution. Dated: October 16, 2013 I hereby certify that Resolution No. 2013-182 was passed and adopted by the City Council of the City of Lodi in a regular meeting held October 16, 2013, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Katzakian and Mayor Nakanishi ABSTAIN: COUNCIL MEMBERS — None I JOHL-OLSON City Clerk 2013-182 C:1Users1pfarrisWppData1LocallMicrosot0WindowslTempdrary Internet FilesiContent.OrrtioaklH9PPDL'f 0)MFArmuaiReport2012-13.tds 8/21/2013 A B C ❑ E F G H I J K L 1 EXHIBIT A © IMPACT MITIGATION FEE PROGRAM 3 FY 2012/13 Annual Report Fee: Electrical Wastewater Water Storm Drain Streets Regional Tramp Police 1215 MM 1217 „y, -- 1218 I Art in PP 1214 WV Fund 0: .11111.111= 165 173 182 175 332 338 Mi. ID Fee Amount 7/1/12 - 12/31/12 1 .1.111123.111FEHEMEMEE1111EIER=MIIIIIgaligilliniall III Fee Amount 1/1113- 6)30/13 (2) 336 1.720 1,263 567 289 3.014 307 157 1,584 251 33 11 12 Find Balance - Beginning of Year 653,586.32 678.301.97 1,154.499.75 739,262.81 364,627.52 396,922.62 557.97 (1,209,006.07) 519.499.75 (771.612.86) 182.484.26 13 14 Revenues: --- 15 Investment Revenues 0 11,791.53 326.23 3,663.80 3.605.10 769.41 778.41 473.71 16 Impact Mitigation Fees 6.226,00 29,901.26 2,529.48 3,555.90 289.00 410.674.41 307.00 157,00 1,584.00 25110 107.61 17 Other Revenue 18 19 Total Revenue 6226.00 41.692.79 2,655.71 7,319,70 3,794.10 411.443.82 1,085.41 630.71 3,51217 894.58 502.06 20 Expenditures: Capital Projects 0.00 0.00 0.00 (102,722.68) (75,351.94) (100,000.00 0.00 0.00 (65.563.31) 0.00 (15.300.00) © EifrriMT=11 0.00 0.00 0.00 MEninall } 100,000.00 0.00 0.00 65,563.31 0.00 '15300.00 2277 _--_30 Outer Souati ces•Tr (Uses): MMIIIEIEdMIMM 29 Operafing Transfers In I. 30 opers6 a Transfers Out 04,220.00 31 --- 32 Total Other Sources Uses 0-00 704,220.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 33 34 35 Total Fund Balance - End of Year 659 812.32 EIffi] 574.29M''y 5643 859.83 5233 069.98 '• 708,366.34 ]IIIIIIMIECE31 31,208.375.36 $457 448.61 60,027.60 570 716.28 ffl 5167 686.32 206.62 ITI n' - 7=L•��r-1.l!=L�1 k.)1M 37 Interhmd Loans (1.157,728.64) 155,000.00) - $1,542.60 1.209,024.89 11.1111M1 -- 55 000.00 �= - Cash Balance - End of Year 5659,812.32 515,765,99 $ 200.91 5597,248.48 5245,966.26 5712,97047 38 40 1 Fees ksted are . r acre for one Residential Acre E. ulvalent • . Each land use m presents a different demand for services that are reflected In RAE :.1 .. ent factors • RTIF fee listed is for one residential single family dwelling unlit equivalent_ . LMC 15.64.070. 111111=1111=1=11MINI 111=1-- 42 43 Wastewater fees listed are per dwelling unit equivalent 445 Electrical fees fisted are for ResirlerAlat for a 200 artap panel -== ��- 4 46 (2) Fees listed are for one unit of residential low densityj. RTIF fee listed is for one residential single family dwelling unit equiva enL 47 Waler/Wastewaterfees are per 3/4" resldenlial meter. MM. _ 4s 1 I I 49 (3) Difference between investments and accounts/Mato-Des payable i C:1Users1pfarrisWppData1LocallMicrosot0WindowslTempdrary Internet FilesiContent.OrrtioaklH9PPDL'f 0)MFArmuaiReport2012-13.tds 8/21/2013 Cell: C30 Comment Wastamter COP Debt Service - Future Users Porton ($700,000) Refund of fees paid ($4,220) Cell: D37 Comment Loan to Fire IMF for Fire Station $4 project ($1,209,024.89) and a loan from Water Capital for Well 27 ($51,051.05). Cell: E37 Comment Loan to General City Fadltles IMF for the IMF update Cell:137 Comment Loan from Water IMF for Fire Station $4 project. Cel: K37 Comment Loan from Storm IMF for the IMF update C:1Users\phsrrisiAppDatu Temporary Internet Files1ConteitOulloo$H9PPDLYXUMFAnnuatReport2012-13 8/21/2013 A cra J Fit kc. 1}c scrinlion Electrical las EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2012113 Wastewater Water Storm Drain 773 553 77S Sheets 132 RTIF 330 Police ?L Fire Parks & Ree GeneraT Facittio: Art !n P ihilc PI 175043 Drt' rr,Ecl''d Pork Ercl =or r, 175061 G -Basin Pump Staton 89,59021 13,132.47 332006 Ham/Harney Signal 75,351.94 338006 Ham/Hamey Signal 100,000.00 1214015 Bicycle Rack Project 13,050.00 1214016 Traffic Control Box Art 500.00 1214017 Heritage School Watershed Mosaic 1750.00 1217043 Debenedetti ADA Improvements 54,027.87 1217749 Roget Park Improvements 1,535.44 Total 0.00 0.00 0.00 102,72288 75,351.94 100,000.00 0.00 0.00 65,55331 0.00 16300.00 K:\W P\IMFees\IMFAnnualReport2013-14.xls 11/12/2014 A I B 1. C 1 D J E I F f G 1 H I I I J I K I L 1 EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2013/14 Annual Report 4 5 6 Fee: Electrical Wastewater Water Storm Drain • Streets ' Regional Transp : Police Fire' Parks & Rec GereraI Facales 1 Art In PP 7 Fund #: 165 173 [ 182 175 332 I 338 i 1215 1216 1217 1218 1214 8 I 9 Fee Amount 336 1,720 1.263 567 289 3,0281 -- 307 157 1,584 251 33 10 11 Fund Balance - Beginning of Year 659.81232 15,774.76 1,157.110.46 643,859.83 233.069.981 708.366.341 1,643.38 (1.208.375.36) 457,448.61 (70,718.28 167,686.32 12 1 13 Revenues: I 14 Investment Revenues 0 3,116.05 407.13 5,132.79 2,812.12i 4,669.06 434.60 238.35 1 2,626.90 263.51 1 1,078.56 15 Impact Mitigation Fees 89.641.00 45,776.80 60,000.96 130,363.72 94,454.35! 32,371.85 34,339.70 34.357.481 42,043.19 29,285.62 4,102.81 16 Other Revenue 17 18 Total Revenue 89,641.00 48,892.85 60,408.09 135,496.51. 97,266.47 37,040.91 I 34,774.30 34,595.83 44,870.09 29,549.13 I 5,181.37 19 20 21 Expenditures: 22 Capital Projects 0.00 0.00 0.00 (45,016.07) 0.00 0.00 0.00 0.00 ' (120.727.14) 0.00 (6,950.00) 23 I 24 Total Expenditures 0.00 0.00 0.00 (45,016.07) 0.00 0.00 0.00 0.00 (120,727.14) 0.00 I (6.950.00) 25 26 27 Other Sources (Uses): 28 Operating Transfers in 1 29 Operating Transfers Out 30 31 Total Other Sources.(Uses) 0.00 0.00 0.00 0.00 0.00 0.00 • 0.00 0.00 0.00 0.00 0.00 32 1 33 _ I 34 Total Fund Balance - End of Year 749,453.32 $64,667.61 1 $ 1,217,518.55 i $734,340.27 I $330,336.45 ' 745,407.25 $36,417.68 I ($1,173,779.53) $381,391.56 f ($41,169.15) $165,917.69 35 Change in Receivables/Payables (2) (7,308.00) (7,480.83)1, 562.82 f (1.174,024.89) 4,853.75 (85.62 (55.000.00) .093.38)1 (9.49) 1 9.679.39 1,174.024.89 (3.56) 55.000.00 1,956.50 36 Inter -fund Loans 37 Cash Balance - End of Year $742,145.32 $57,186,78 I $ 44.056.48 $684,194.02. $330,250.83 $745,213.87 I $36,408.19 $245.36 I 9391,070.95 $13,827,29 $167,874.19 38 / 1 I. 39 1 1 1 40 (1) Fees listed are for one unit of residential low density. RTIF lea listed is for one residential single family dwelling unit equivalent: I 41 Water/Wastewater fees are per 314' residential meter. I I 42 Electrical fees Ilsled are for Residential for a 200 snip panel.I 1 43 �11 1 1 44 (2) Difference between investments and accaunl&retainages payable. I I I K:\W P\IMFees\IMFAnnualReport2013-14.xls 11/12/2014 Cell: D36 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: E36 Comment: Loan to General City Facilities IMF for the IMF update Cell: 136 Comment: Loan from Water IMF for Fire Station #4 project. Cell: K36 Comment: Loan from Storm IMF for the IMF update K:\W P\IMFees\IMFAnnualReport2013-14.xds 11/12/2014 Account NO. Descrlei aII EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2013/14 Electrical Wastewater Water 155 57 Storm Drain 173 Streets RTIF Police Fire Parks & Rec General Facilities Art in Public PI 1215 1216 1717 1210 1'214 175043 Debenedetti Park Enclosure 45016.07 1214016 Traffic Control Box Art 1,950.00 1214018 River Friendly Bench Project 5,000.00 1217040 Debenedetti Park Phase 1 3,107.66 1217043 Debenedetti ADA Improvements 89,851.25 1217044 Strategic Plan 9,780.83 1217045 Debenedetti Soccer Goals 17,987.40 Total 0.00 0.00 0.00 45,016.07 0.00 0.00 0.00 0.00 120,727.14 0.00 6,950.00 IMP IMFees1IMFAnnualReport2014-15.xls FG H I J I__._1.____ 2 3 Fee. Electrical Wastewater EXHIBIT A IMPACT MITIGATION FEE PROGRAM FY 2014115 Annual Report Water Storm grain . Streets Regio tel Transp Police Fire Parks & Rec Genes/4 Facilities Aft In PP 4 5 6 7' Fund #. 505 533 562 535 308 314 435 436 . 437 438 - 434 8. 9 Feb Amount 336 1-720 1.253 567 289 3.028 307 157 1.584 261 33 10 11 Fund Balance- Beginning of Year 749,453.32 64,667-61 1,2.17,518.55 734,340.27 330,336.45 745,407.25 36.417.65 (1,173,779 53) 381,381.56 (41,159.151 165,917.89h 12 13 Revenues. 14 Investment Revenu s 1,576.94 258.97 3.606.07 2.038 66 2,397.15 329 79 113.35 1.685.97 212.07 650.28. 15 Impact M080.0on Fees- 163,985.13 76.479 92 20.298.70 107.513.69 22.123 06 90,121.35 10,676-30. 8,357.48 28,643.78 6806.54 1.583.861 16 Other Revenue ------ 17 16 Total Revenue 78,056.86 _.-..- 20,557,67 111,319.76 24,161,72 92,518.50 11,006.09. 5,470.83 .34,329,73 9,018.61 2,284.16- 19 ,- -. ___. 20 21 ExpenditureS: 22 Capital Projects 0.00 0.00 0.00 . 0D0 0 t . OA0 (505.814.95) 0.00 0.00 _ (53.642.70) 0.00 (25.950,00 23 24 Total Expenditures 0.00 0.00 0.00. 0.09 0.+10 ($05.814.95) 0.00 0.00 (53,842.70) 0,00 (25.950.00] 25 25 27 Other Sources (Uses)' 28 Operst}ng Transfers I n 29 Operating Transfers Out (100.000.001 30 31 Total Other Sources (Uses) 0.00 [100.000,00) 0.00 0.00 0.00 0.00 0.00 0.00 .,_� 0,00 0,00 32 33 34 Total Fund Balance - End of Year 913.438.45 542,724.47 5 1,238.076.22 6845,650.03 5354,498,17 332,110.80 547,423.77 (51165,308 70) 5358.078.59 (532,150.541 $142,201.85 35 Change In Reeeivablee Payables (2) (6.870.00) (33,852 00) (16.720.651 (340.04) (17.383.22) [210.02) (9,347 89) (7.495.77) 26.98 T 60 ( 7.435.83) 393.50) 0,393.8% 36 Inleriund Loans (1.174,024 88) (55.000.00) 1.174.024 89 55,000.09 _ 37 Cash Balance - End of Year 5906,568.45 58,872.47 $ 47,330.68 $780,319.99 5337,104.95 5331,900.78 538.075.88 51.220,42 $331,090.99 $15,213.63 $140,808.05 35 4 1 (1) Fees IFSted are for one unit of residenh} /ow densily. RTIF fee listed is for one residenlial single family dwelling unit equivalent 41 WaterMraslewaier fees are per 314` residential meter 42 Electrical fees listed are for Residential for a 200 amp panel 43 44 (2) Difference between investments and alxounls'retaiages payable. IMP IMFees1IMFAnnualReport2014-15.xls Cell: C29 Comment: Transfer to pay for portion of debt service attributed to future users. Cell: D36 Comment: Loan to Fire IMF for Fire Station #4 project Cell: E36 Comment: Loan to General City Facilities IMF for the IMF update Cell: 136 Comment: Loan from Water IMF for Fire Station #4 project. Cell: 1(36 Comment: Loan from Storm IMF for the IMF update K:\W P\I MFees\IMFAnnual R eport2014-15. xis AccnLJnt No. DCgC 1.1n Electrical waatawstaa EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2014/15 Water Set Storm Drain Svocta saa RTIF Fira 436 Parke : Roo Gunaral F.Ci[itlta Art to Public Pt 437 474 434 Homey Lane Grade Separation 505,814.95 BeteatJohneonAteflD► 24,000.00 Traffic Control Box Art 1,950.00 Strategic Plan 53,64270 Tote!. 0.0D 0.00 0.00 0.00 0.00 505.814-95 0,00 0,90 53,642.70 0.00 25,95000 K:\W P\IMFees\IMFAnnualReport2015-16.xls A 1 B (+ D E f F I L3 H I J I K L M 1 EXHIBIT A 2 IMPACT MITIGATION FEE PROGRAM 3 FY 2015116 Annual Report a 1 5 6 Fee: Electrical Wastewater Water Storm Drain Streets 1 ()efts) Trangp Polls Fire ` Parks & Rec General Facilities 438 Neighborhood Parks I Art in PP 439-1 434 7 Fund #: 505 533 _ 560 535 308 1 314 435 436 I 437 8I Fee Amount (1) 336 1.720 1,253 211-919 567 9i 3.028 307 1571 1.584 251 1,01.6 33 10 I 1 i i Fund Balance - Beginning of Year 913.438.45 42.730.08 1.238.076.22 845,660.03 354.498.17 • 338110.80 47,423.77 (1.165.308.70): 358.078.59 (32.150.54) 0.00 I 141,901.85 12 13 Revenues: 14 InveSOFlent Revenues 336.00 2.568.70 1,749.49 7.980.71 7,365.92 7,422 35 2.29236 954.17 9,310.40 1.338.60 317.91 1 1,321.94 15 Impact Mitigation Fees .148,268.53 398,471,56 297,213,41 45.480.69 361.716.79 571,994.37 154,401.02. 121.551.95527 127.526.55 64,864.631 16,844.28 16 Other Revenue ... 17 18 Total Revenue 148,634.53 401,040.26 298,962.90 53.461.40 369,082.71 679,416.72 156,593.38 122,506.12 475,405.67 128,865.15 65,182.54 18,16622 19 20 21 Expenditures: 22 Capital Projects 0.00 0.00 0-00 0.00 0.00 (233.673.14) 0.00 0.00 (102,578.47) 0.00 I 0.00 (5,258.52( 23 24 Total Expe►+dttures 0.00 0.00 0.00 0.00 0.00 (233 .14} 0.00 0.00 (102,576.41) 0.00 0.00 .1. (3,258.52 25 i 26 i 27 Other Sources (Uses): ... I I 28 Operating Transfers In 29 Operating Transfers Out ((200.000.00) I i 30 I 31 Total Other Sources (uses 0.00 1_2_00.000.001 0.00 0.00 0.00 '0.00 0.00 0.00 _ 0.00 0.00 0.00 0.00 32 33 34 Total Fund Balance - End of Year 1,062,06298 $243,770.34 $ 1,537,039.12 5899,121.43 5723,560.68 3777,854.38 $204.117.15 '10 0342,302M) 5730,907.79 596,714.61 $65,182.54 l 5154,809.55 25 Change in Receivables/ ayable5 (2) (180.260.13) (183,272.00) (131,878.881 11,074,024.89)1 (,548.22) (41,093.96)1 (793.5A (43.199.54}' (22.822.i0) (211.412.92) (34,707.13) j (4.690.21) 36 Interfund Loans 1,074.024.89 37 Cash Balance - End of Year 5881,802851 $60,498.34 $ 331.135.35 I 5879,573.21 5682,466.92 I 8777,060.79 5160,617.61 $8,400.21 $519,494.87 $62,007.48 565,182.54 f 5150,119.34 38 1 I 1 39 I I 40 (1) Fees listed are or one unit of resldenlial how densly. RTIF lea ifs(ed is for one resident 1 Slagle fat6( dwelang unit eguIvalent. residential meter. 41 Waler/Wastew$ler 1668 are per 3/4' 42 Electrical fesali5I8f1 are for Resldanlial for a 200 arlNpanol. I I l 43 44 (2) Difference betwoen inv9sUitents and esc0untSrfeteihages payable. I K:\W P\IMFees\IMFAnnualReport2015-16.xls Cell: C29 Comment: Transfer to pay for portion of debt service attributed to future users. Cell: D36 Comment: Loan to Fire IMF for Fire Station #4 project. Cell: 136 Comment: Loan from Water IMF for Fire Station #4 project. K:\W P\IMFees\IMFAnnualReport2o15-16,xds Electrical Descrifltion Wastewater EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2015/16 Water 561 Storm Drain =3a Streets 306 RTIF Police Fire Parks & Rec General Facilities Art In Public PI 435 435 537 438 434 Harney Lane Grade Separation 233,673.14 Library Bike Rack 3,000.00 Traffic Control Box Art 1,050.00 Art In Public Places Brochures 1,208.52 Lodi Lake Boat Launch Facility 75,000.00 PRCS Strategic Plan 27,576.47 Total 0.00 0.00 0.00 0.00 0.00 233,673.14 0.00 0.00 102,576.47 0.00 5,258.52 i'► l ci'ii�i'? s s {-IECC1•1E21 RESOLUTION NO. 2017-177 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE IMPACT MITIGATION FEE PROGRAM ANNUAL REPORT FOR FISCAL YEAR 2016/17 NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the Impact Mitigation Fee Program Annual Report for Fiscal Year 2016/17, as shown on Exhibits A and B attached, and made a part of this Resolution. Dated: September 6, 2017 I hereby certify that Resolution No. 2017-177 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 6, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NN I FER . FERRAIOLO ity Clerk 2017-177 K:\WPUMFeest1MFAnnualRepor12016-17 xis A f B 1 C I D 1 E F I G H I l 5 J It L M 1 EXHIBIT A 2 IMPACT MiTIGAlION FEE PROGRAM FY 2016/17 Annual �rt _ I I 6 Fee: Electrical Wialdrs5Tar Water 65orm brain Slteets i Regional Trans Police I Fre Picks 4 Rec General F4027499 789408854110e9 Parisi Al is PP 7 Fula 9: 505 533 567 j 535 305 I 314 435 436 433 438 439 434 a 9 Fee Amount Jami 7 . vcoemeer 19.2016 (7) 336 1,720 1,263 567 399I 3.:23 307r sat 1,6a4 25s 1.016 33 T9 free Amount Dexa7xr 79.7015 -J20e 30.2617(1) 820 4225{ 5.103 7.394 7711 3223 753; 385 3.8901 617 2.541 40 73 12 I Fun°balance- gaoling* oT Yaw l 925.979.48) 288,989.24 1.573.500.84 1S9. 21.45 722,937.351 758358.47 203,580.15 (1,044.342.5*) 761,56523 98.714.51 65.16254 154.809.35 i3 I 1 74 Revenues;I I 15 invesiment:Revenues 5144.93 2,653.60 9,437.2.6 4.682.321 4.541,30 1.227.26I 313.18 3.744_05 643.64 354.10 823.43 16 0756cl 815i3a0on Fees 83873.60 560.701.74 205,847.06 37.84201 98.25265 95362; 68 45.686,71 I 1 34.724.89 157.997 241 36.86742 1207.61 6,495.06 17 Otherievenue 1E 34 Total Revenue 83,913.60 595.846,47 200:700.96 43.317.07 102.93487 988,36298 46.915.97 1I 35,938.03 151.74129 39311.06 1.56134 7,728.99 20 27 22 Excenaeure5.• ( _ I 23 Capital Protects 0.09 089 0,06 0.D0 (13.705.60)1 (422.255.56) 0.00 ? 080 (236.152.1 0.00 0 00 (8.340.94) 24 total Expenditures 0..99 0.00 0.00 0.00 113.766.805 1822.255,86) I 9.09 I I 0.60 1236.152.14 0:00 0.00 11.340.14) 2355 27 28 Omer Sources (uses). 29 Operating transfers in 30 Uporaiin9Tran.s'fersOut 9.5 37 32 Total tutor sources ruses) 0.00 0-00 I 0.00 0.00 080 0.00 • 0,06 I080 0.00 CO 0.90 0.00 3.5 I I. 3: 9 1.7E7.251.30 155.482521 5942,43130 (18.580.63) I 1012166,491 91.316,473.99 (23.29039)4 15.21982 8350305.12 I(51094304.504 6845.102.40 (24.114.80)1 (12.774.773 35.007.50 1136.021.57 (19505.01) 561.744.2* 3140,719.70 (88_srd (.757 47) 35 Talar Fond &shote -End of Year 1.009,193.01! $874.839.96 (11.140.00)1 {14562.761 36 Cean9e in Re° e311 ee 12) 37 Irtleiuna Loans ] (1.024.024.895 I 1 1,07#,07499 f 3a Cash Balance -Ent1°1Yeer 5990753.08 6789.933.7715 703693.19 I 5923557.3 5798.876.061 51.331.69291 5236.390x2 f 52545.02 5720.199.90 5118,529.56 556,645.79 6150,032.23 39 i I 49 47 (II Fees Psacd aro lot baa nota of rosiOerAiet roti ae054y. 5719 749.65910 15 Wane raaidaluHt sIngle l4rnrtX OwoYop unit equlydlenl 42 Waian`Aaiiewater495 am per314'res8093431 mater. I 1 43 Elcdr4 J feet idled ore for Resiaen0a) fors 200 mf fp AOrld. + I 44 J 1 i8crenee 0etvree0 inve5tl14Ms and aatreittattaie5816 9670019- 1 K:\WPUMFeest1MFAnnualRepor12016-17 xis 00uri0tcn Elcr- , I LVa^`:arra[cr 535 531 EXHIBIT B IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUBLIC IMPROVEMENT PROJECT EXPENDITURES FY 2015116 Water Steno Drain SS1 }35 Harney Lane Grade Separation Vidor!Gold Signal Debenedetti Park Trail(Parking Lot Traffic Control Box Art TOM SOccts RTIF Police Fire Parks 8 Roo CianQial Focitilise Art In Public Pt 308 31s 435 431 S37 aid 422255„88 13,705,60 238,152.12 1,340.94 0.00 0.00 0.00 0.00 13,705.80 422255.88 0.00 0.00 238,152.12 0.00 1,340.04 LODI CITY COUNCIL JULY 18, 2018 LODI CITY MANAGER THIS IS A CLAIM ON BEHALF OF THE CITIZEN RATE PAYERS OF THE LODI WATER UTILITY ENTERPRISE. CLAIMING THE IMMEDIATE REPAYMENT OF THE AMOUNT OF PRINCIPAL MONEY BORROWED FROM THE IMPACT MITIGATION FEE WATER FUND WITH THE INTER FUND TRANSFER TO THE IMPACT MITIGATION FEE FIRE FUND TO BUILD FIRE STATION NUMBER 4 ON LOWER SACRAMENTO ROAD IN 2001. ALSO CLAIMING THE ACCRUED INTEREST ON THIS LOAN, FROM ORIGINATION UNTIL IT IS FULLY PAID BACK TO THE WATER IMF FUND. THE CITY OF LODI IS IN DEFAULT ON THIS LOAN AS IT DID NOT ADHERE TO THE STATE OF CALIFORNIA GOVERNMENT CODE SECTION 66013 AND CITY OF LODI MUNICIPAL CODE 15.64.030 DEVELOPMENT IMPACT FUNDS. THE CITY OF LODI DID NOT SPECIFY A REPAYMENT DATE NOR DID IT INCLUDE THE INTEREST ON THIS INTER FUND LOAN BETWEEN THE WATER IMPACT FUND AND THE FIRE FUND FOR FIRE HOUSE NUMBER 4. JUSTIFICATION: STATE OF CALIFORNIA GOVERNMENT CODE 66013, SUBSECTION (d) (5) (5) A description of each inter fund transfer or loan made from the capital facilities fund. The information provided, in the case of an inter fund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an inter fund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. CITY OF LODI MUNICIPAL CODE 15.64.030 SECTION B AND C: B. The fees shall be expended solely to pay the costs of facilities (including interest on Inter fund loans) or to reimburse developers entitled to reimbursement under this chapter. The funds for the categories listed above shall be kept separate. For purposes of this chapter, they are referred to in aggregate as the "development impact fee fund." C. The city manager shall have the authority to make loans among the development Impact fee funds to assure adequate cash flow. Interest charged on each loan shall be the Same as the rate earned on other city funds. (Ord. 1518 § 1 (part), 1991) Page 1 of 76 CITY OF LODI, CALIFORNIA COMPREHENSIVE ANNUAL FINANCIAL REPORT, YEAR ENDED JUNE 30, 2002 SHOWS ON PAGE 21, SEC (7) LONG TERM OBLIGATION AND CAPITALIZED LEASE OBLIGATIONS: SHOWS INTEREST RATES ON COPS AND WATER NOTES PAYABLE BETWEEN 4 AND 7 PERCENT. THEREFORE, SINCE THE CITY OF LODI HAS NOT PAID THE IMF WATER FUND INTER FUND LOAN TO THE IMF FIRE FUND FOR FIREHOUSE NUMBER 4 BACK IN A TIMELY MANNER A 5 PERCENT INTEREST IS REASONABLE ON THIS LOAN. THIS WOULD BE JUSTIFIED SINCE THE CITIZEN RATE PAYERS WERE PAYING INTEREST ON COP'S IN THE WATER ENTERPRISE BUDGETS THROUGHOUT THE ENTIRE TIME OF THIS INTER FUND LOAN STARTING IN THE YEAR 2001/02 TO PRESENT. IF THIS LOAN HAD BEEN PAID IN A TIMELY MANNER THE WATER ENTERPRISE BUDGETS FOR CAPITAL IMPROVEMENTS WOULD HAVE REFLECTED A SAVINGS UPON RECEIPT OF THESE FUNDS AND RATES WOULD HAVE BEEN ADJUSTED ACCORDINGLY AND UNDER PROP 218 AND XIID PROVIDED RATE PROTECTION TO THE CITIZENS OF LODI. FINAL DOLLAR AMOUNT TO BE DETERMINED. ORIGINAL LOAN AMOUNT $1,583,000 MILLION IN 2002. NEED TO VERIFY ACTUAL PAYMENTS MADE ALONG WITH TIME DURATION BETWEEN PAYMENTS AND CACULATE ACCURRED INTEREST ON LOAN TO DATE WITH OUTSTANDING BALANCE OF $1,225,172.47 STILL DUE AS OF THE ANNUAL 2009/10 REPORT. ESPECIALLY SINCE ANNUAL IMF REPORTS ARE VAGUE IN DETAILS FOR EVERY YEAR SINCE THEN TO CURRENT YEAR. I CHALLENGE CITY AND COUNCIL TO REVIEW THE IMF ANNUAL REPORTS SINCE 2009 TO THIS YEAR AND MAKED SENSE OF THE ACCOUNTING AND ACCRUACY OF THE LOAN PRINCIPAL. Page 2 of 76 SOURCE AND TIMELINE DOCUMENTS BELOW: This construction was originally authorized by Special Lodi City Council meeting of August 25, 1999. LODI CITY COUNCIL SPECIAL CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, AUGUST 25,1999 6:30 P.M. 1. ROLL CALL Present: Council Members - Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor) Absent: Council Members - None Also Present: City Manager Flynn, Deputy City Manager Keeter, Public Works Director Prima, Community Development Director Bartlam, Police Chief Hansen, Fire Chief Kenley, Finance Director McAthie, City Attorney Hays and City Clerk Reimche 2. PRESENTATION REGARDING THE PUBLIC SAFETY BUILDING A presentation regarding the Public Safety Building was presented by Public Works Director Prima and Fire Chief Kenley. The agenda for this meeting included the following elements: 0 o Review alternative sites. 0 0 Provide more detail on the recommended project. Describe interim improvements to the Public Safety Building. Requested confirmation of the recommended project. The Public Safety Building recommended project included: 0 0 0 oMake interim improvements. Build new police building on north side of Elm Street. Remodel existing building for Fire Department and other City functions. Build parking structure on southwest corner of Elm and Church Streets. Details regarding the recommended project were outlined by Public Works Director Prima and Fire Chief Kenley. Information regarding the police building alternate locations were presented by Public Works Director Prima as follows: oOther Sites: Downtown area or outlying area. Fundamentally a Land Use decision. Major detrimental impact to downtown if Public Safety Building relocates out of the area. 9 West of Parks and Recreation Office - close Main Street; 9 Old Safeway store block on Lodi Avenue; or > Numerous sites east of Highway 99, south of Kettleman Lane or west of Lower Sacramento Road. Mr. Prima presented the following additional information regarding the Public Safety Building recommended project: oAddressed public safety needs; 01t is cost effective - 42,000 square feet for proposed new Police Building at an estimated costs of $17.7 million dollars (including parking structure and remodel of old Public Safety Building; Simplest project to build - Mr. Prima presented diagrams of the proposed building; Provides needed civic center space and parking; Allows for future court expansion. Page 3 of 76 0 0 oGood downtown solution; and 0 Continued August 25,1999 Public Works Director Prima presented the following information regarding the Public Safety Building Interim Improvements: Police; and oUpgrade main Heating Ventilation and Air Condition (HVAC) unit. Public Safety Building - Interim Fire Station measurers were presented by Fire Chief Kenley as follows: oBuild Station Four; 0 Remodel at Station Two; and Split Station One staff to those two sites during the remodel of the Public Safety Building. Details of fire interim measures were presented by Fire Chief Kenley as follows: ',Relocate downtown personnel; oBuild Fire Station Four; 0 0 0 Relocate Engine Company to Station Four; Remodel Station Two to address existing deficiencies; and Relocate truck company to Station Two. Additional information regarding the subject of Fire interim measures - relocation of downtown personnel were outlined by Chief Kenley as follows: 0 0 0 0 Temporary housing in downtown area impractical and not cost effective. Addressed response times on the west side of the City. Cost of Station Four covered by Development Impact Mitigation Fees. Funds for providing temporary housing will be diverted to address Station Two deficiencies. Diagrams regarding these matters were presented for the City Council's perusal. The following people addressed the City Council regarding the matter: a) Lew Van Buskirk, Executive Director of the Downtown Lodi Business Partnership (DLPB), 77 Peltier Road, Acampo, indicated that they would like to see the Public Safety Building kept in the downtown area. Alan Goldberg, President of the DLBP, 912 Evert Court, Lodi, spoke about the attempts to create density, people and activities in the core of the City. Mr. Goldberg stated that he feels the building should be kept downtown. James Dean, 16 North Cresent Avenue, Lodi, stated that he owns the property next to the courthouse and indicated they would like to look into trading the property with the City that would generate a like amount of income as he is currently receiving. b) c) A very length discussion followed with questions being directed to staff and to those who had addressed the City Council regarding this matter. Council Members Pennino and Nakanishi and Mayor Land indicated their support of the recommended project. Council Member Hitchcock indicated that she thought we were putting the cart before the horse and that she has a problem with not knowing where we are going to get the money to finance this. She further indicated that she does not feel that the required funding is reachable with the current budget. Both Council Members Hitchcock and Pennino indicated that they would not be supportive of Certificates of Participation for this project. 2 Continued August 25,1999 Council Member Pennino made a motion, Land second, to confirm the recommended Public Safety Building project, which includes: 0 Build new police building on north side of Elm Street; Page 4 of 76 Remodel old Public Safety Building for Fire and other City uses; Remodel Fire Station Two; and Temporarily relocate Fire Station One staff to Stations Two and Four. Prior to voting on this motion, Council Member Pennino, the maker of the above motion, stated that he would like to see the design and construction of the Police Department and Fire Station Four move forward in a parallel manner; that he does not feel we should upgrade the Public Safety Building HVAC until we have moved personnel out of the building; and that staff do the design work. Further, staff was directed to come back to the Council as soon as possible with a funding strategy for this project. The motion carried by the following vote: Ayes: Noes: Council Members - Hitchcock Absent: Council Members - None Council Members - Mann, Nakanishi, Pennino and Land (Mayor) 3. ADJOURNMENT There being no further business to come before the City Council, the meeting was adjourned at approximately 8:00 p.m. ATTEST: Alice M. Reimche City Clerk Page 5 of 76 EXCERPT FROM MEETING OF JANUARY 18, 2000. INFORMAL INFORMATIONAL MEETING "SHIRTSLEEVE" SESSION CARNEGIE FORUM 305 WEST PINE STREET TUESDAY, JANUARY 18,2000 Page 6 of 76 262 CITY OF LODI INFORMAL INFORMATIONAL MEETING "SHIRTSLEEVE" SESSION CARNEGIE FORUM 305 WEST PINE STREET TUESDAY, JANUARY 18, 2000 An Informal Informational Meeting ("Shirtsleeve" Session) of the Lodi City Council was held Tuesday, January 18, 2000 commencing at 7:00 a.m. ROLL CALL Present: Council Members — Hitchcock (arrived at 7:03 a.m.), Land, Nakanishi, Pennino (arrived at 7:03 a m.) and Mann (Mayor) Absent: Council Members — None Also Present City Manager Flynn, Deputy City Manager Keeter, Economic Development Director Goehring, Information Systems Manager Heimle, Public Works Director Prima, Community Development Director Bartlam, Finance Director McAthie, Police Chief Hansen. Fire Chief Kenley, Parks and Recreation Director Williamson, Electric Utility Director Vallow, City Attorney Hays and City Clerk Reimche Also in attendance was a representative from the Lodi News Sentinel and The Record. TOPIC(S1 1. Budget Review ADJOURNMENT No action was taken by the City Council. The meeting was adjourned at approximately 8:05 a.m. ATTEST: da �e47 ch-- Alice M Lteimce City Clerk Page 7 of 76 COUNCIL COMMUNICATION AGENDA TITLE: Budget Review MEETING DATE: January 18, 2000 PREPARED BY: Deputy City Manager RECOMMENDATION: That staff review with Council Major City Projects as identified in the 1999-2001 Financial Plan and Budget. BACKGROUND INFORMATION: The proposed budget calendar has been revised to begin Major City Projects review on January 18, 2000. The following meeting on January 25, 2000 will focus on the Public Safety Building Financing and General Fund Long -Term Plan and will be presented by Alex Burnett (Public Financial Management). The February 7, 2000 Shirtsleeve meeting has been tentatively scheduled to complete discussions of either the Major City Projects or the Public Safety Building Financing. Staff will begin the January 18th meeting with a brief review of the adopted Goals and a recapitulation of the Objectives. Staff will then address the status of each of the 19 Major City Projects. The Management Team will be present to answer any specific questions regarding their projects and copies of the overheads are attached for your information. FUNDING: Not applicable Respectfully submitted, �lcl.44 Jan S. Keete Deputy City Manager Approved H. DIXON FLYNN, City Manager Page 8 of 76 MAJOR CITY PROJECTS UPDATE Lodi City Council Shirtsleeve Session Tuesday, January 18, 2000 Page 9 of 76 PUBLIC SAFETY BUILDING New Police Building - The Master Plan phase of the project has been completed and the Schematic Design phase has begun which will define the site and building configuration and layout. The, architect has given staff a first draft of building floor plans. Police Department and Public Works staff are meeting with the architect on January 18, 2000 to discuss the programming functions and desired layout of the new building. Fire Stations 1, 2 and 4 - As a result of the Special Council meeting held on Wednesday, August 25, 1999 at which time the City Council authorized the construction of Station 4 and the remodel of Station 2, a meeting was held with the architect, Public Works, and Fire Management and Labor representatives. The purpose of the meeting was to develop a list of components required for a typical modem -day fire station. Components included modules such as: bedrooms, turnout storage, workout room, equipment needs, apparatus bay needs, Captain's office, kitchen, etc. After that meeting, the architect compiled a list of components, equipment and special needs and distributed that report to all members present at that meeting. Specifically: Station 4 - The Fire Department, Public Works staff and the architect have met and are in the process of reviewing alternate plot plan designs that will provide the desired program functions and fit within the designated site limitations. Staff is meeting with the architect on January 18, 2000. Construction is. anticipated to be completed by March 1, 2001. Station 2 (predicated on PSB financing) - Since Station 2 is an existing building, the exercise to identify and agree upon the specific components of a typical fire station is critical for the architect to be able to take an existing building and turn it into a modern- day fire station. Therefore, once the modules are identified, the architect can begin to design the layout within the existing Fire Station 2. Based on this and the need to have both Station 2 and Station 4 completed at the same time, the following time line has been developed for completion of the remodel of Station 2: On or before March 15: Agree upon module design of living and workspace. On or before May 15: Complete architectural design and submit to planning department for review and permit. On or before July 15- Permit should be issued and the bid process started to identify the builder. On or before October 1. Bid awarded, builder identified and construction started. March 1, 2001 Construction completed. Page 10 of 76 Station 1 (Public Safety Building Interim) - Interim improvements to the existing building are being discussed in conjunction with a proposed Police Department reorganization and energy efficiency improvements to the building. The project team, consisting of the Police Department, Fire Department, and Public Works staff has met with the architect to begin this _work. We are looking at the possible. relocation of the dispatch area across the hall to provide better working conditions until the new building is completed. We are also looking at opportunities to replace the existing HVAC equipment and boiler (using grant funds) with equipment that will be functional in the renovated buildings. This should help the living conditions within the building for all concerned. The current plan is to get Station #4 completed and relocate Station #1 staff to Station #2 and Station #4. With Station #1 vacant, we can proceed with renovation of that space. We are meeting with the architect on January 18, 2000. ELECTRIC IJTILITES STRATEGIC MASTER PLAN Electric Ulililies Transmission Lines - The Electric Utility Department operates electric transmission and distribution systems, which provides reliable service to. the City's customers. With the present operating configuration, the City purchases and generates electrical energy from various sources and routes the energy through the Lockeford substation and the interconnected 60KV system to Lodi. Through an exhaustive review process the department has identified alternatives that, if selected, could meet it's long- range costs, capacity requirements and reliability goals. Alternatives include connection to PG&E facilities, to Western Facilities, to PG&E and Western jointly, or connecting the easterly source to the proposed west source. In late 1999, these alternatives were presented to various utility committees including the Sacramento Area Transmission Study Group (SATPG). Presently the alternatives are being reviewed by the SATPG in conjunction with PG&E and Western Area Power Administration. The SATPG review includes recent system and loading changes and will determine the effect of the project as an integrated system. The review results are expected to be completed in April, 2000' and Council will be briefed on the results of the study. Street Lights - The Engineering and Operation Division is proposing to enter into a professional services agreement with Navigant Consulting, Inc. to review current street lighting design and construction specifications. This proposal is agendized for approval by the City Council at the meeting on January 19, 2000. Upon receipt of the consultant's recommendations, the design phase can be initiated. Unfortunately, with the current demand from other distribution system projects, staffing is not available to proceed on design, preparation of bid documents, the bidding process and contract administration associated with actual construction. The Division is actively, through the Human Resources Department as well as independently, looking for contract employees to perform the above tasks. However; at present, no qualified candidates have been located. It is possible to have the design, bidding and contract administration performed by consultants as well. 2 Page 11 of 76 CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi AGENDA - REGULAR MEETING Date: November 15, 2000 Time: 7:00 p.m. For information regarding this Agenda please contact Susan J. Blackston City Clerk Telephone: (209) 333.6702 ALL STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THE AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND ARE AVAILABLE FOR PUBLIC INSPECTION A. Roll call B. Invocation — Jeannie Cory, representative of the Baha'i C. Pledge of Allegiance D. Presentations D-1 Awards — None D-2 Proclamations — None D-3 Presentations a) Presentation of "Walk to Cure Diabetes" plaques to City of Lodi team b) Presentation by the Greater Lodi Area Youth Commission regarding Honoring Teens Program c) Presentation by Central Valley Waste Services regarding its Coats and Cans at the Curb program d) Presentation regarding the Lodi Adopt -A -Child Christmas program E. Consent Calendar (Reading; comments by the public; action) E-1 Claims - $6,654,462.34 E-2 Minutes a) October 24, 2000 (Shirtsleeve Session) b) October 24, 2000 (Special Meeting) c) October 31, 2000 (Shirtsleeve Session) d) November 1, 2000 (Regular Meeting) e) November 7, 2000 (Shirtsleeve Session) E-3 Report of the sale of surplus equipment E-4 Accept the quarterly Investment Account Disclosure as required by law SB564 Res. E-5 Adopt resolution awarding the purchase and installation of Vehicle Exhaust Extraction Systems for Fire Station 1 from Neu -Tech ($35,864.57) Res. E-6 Adopt resolution awarding the contract for rental and cleaning of uniforms for certain field and warehouse employees to Unifirst Corporation ($20,000± per year) Res. E-7 Adopt resolution awarding the contract for Legion Park and Lawrence Park Tree Trimming to Grover Landscape Services, Inc. ($40,210); and appropriate $52,900 for the project Res. E-8 Adopt resolution awarding the contract for the Elm Street Parking Lot Project, 11, 15 and 17 West Elm Street, to A.M. Stephens Construction Company, Inc. ($133,080) J:ICITYCLRKWORMS ogn11-15 doc 11!10100 Page 12 of 76 CITY COUNCIL AGENDA NOVEMBER 15, 2000 PAGE TWO Res. E-9 Adopt resolution awarding the contract for the White Slough Water Pollution Control Facility Adjustable Frequency Drive Replacements to Rexel-Norcal Valley Electrical Supplies ($67,330) and authorizing use of Public Benefit funds (approximately $17,500) Res. E-10 Adopt resolution awarding the contract for the Lodi Library Computer Room Remodel, 201 West Locust Street, to D.S. Clark, General Contractor ($18,700); and appropriate $20,500 for the project Res. E-11 Adopt resolution awarding the contract for cellular phone services to Verizon Wireless ($2,300) E-12 Approve Request for Proposals (RFP) for radio system maintenance service and repair E-13 Accept improvements under contract for Well 26 Well Drilling, 1020 Bridgetowne Drive E-14 Accept improvements under contract for Guild Avenue Street Construction and Street Overlay, Industrial Way to Pine Street. and Thurman Street Street Construction, 300 Feet West of Guild Avenue to Guild Avenue; and Contract Change Order information Res. E-15 Adopt resolution authorizing the City Manager to execute the revised agreement between the City of Lodi and the County of San Joaquin, acting on behalf of the Sunnyside Water and Street Lighting Maintenance District, for water service outside the City limits H-16 Authorize the City Manager to execute a joint -use agreement with Lodi Unified School District, and a design services agreement with Booker Gery Hickman Architects, for a bus wash facility at 820 Soulh Cluff Avenue ($45,000) E-17 Authorize the City Manager to fund request from North San Joaquin Water Conservation District (NSJWCD) for Water Rights Activities ($21,000) E-18 Authorize City Manager to execute an agreement with WhyteHouse Productions for the Lodi New Year's Night 2000 ($15,000) Res. E-19 Approval of Contract No. 00 -SNR -00241: Advancement of Funds Contract for Central Valley Project Purchase Power and Wheeling Among the United States Department of Energy Western Area Power Administration and Certain Central Valley Project Firm Electric Service Contractors Res. E-20 Public Benefits Program Grant — Jack In The Box Demand-side Management Project ($6,185.73) Res. E-21 Public Benefits Program — Amendments to the existing 'City of Lodi Small Business Energy Services Partnership Program' Res. E-22 Authorization for Lodi Police to participate in an Office of Traffic Safety Grant for an Automated Collision Records and Analysis System Res. E-23 Authorization for Lodi Police to participate in a Traffic Safety Initiative Grant Ord. E-24 introduce ordinance amending Title 10 — Vehicles and Traffic, by repealing and reenacting (Introduce) Section 10.52.050(B), "Parking Restrictions", to the Lodi Municipal Code relating to truck parking in the City limits Res. E-25 Adopt resolution approving Year 2000 Amendments to the Conflict of Interest Code E-26 Set Public Hearing for December 20, 2000 to consider and approve the reallocation of Community Development Block Grant (CDBG) funds approved under the 2000/01 program year F, Public Hearings Res. F-1 Public Hearing to consider the Planning Commission's recommendation that the City Council adopt the 2000 Growth Management Allocations Res. F-2 Public Hearing confirming the 2001 Annual Report for the Downtown Lodi Business Improvement Area (BIA) No. 1 and levying assessment Res. F-3 Public Hearing to consider the technical equipment purchase proposal for Local Law Enforcement Block Grant Program J;CITYCLRKIFORMSIagnt 1-15 dcc 11)10/00 Page 13 of 76 CITY COUNCIL AGENDA NOVEMBER 15, 2000 PAGE THREE G. Communications G-1 Claims filed against the City of Lodi — None G-2 Alcoholic Beverage Control License Applications — None G-3 Reports: BoardslCommissions/Task Forces/Committees a) Planning Commission report of October 25, 2000 G-4 Appointments a) Appointments to various boards and commissions G-5 Miscellaneous — None H. Regular Calendar Res. H-1 Adopt resolutions accepting a Bicycle Motocross BMX Facility Development Grant in the amount Res. of $5,250 from the National Recreation and Parks Association (NRPA) and direct staff to draft an agreement with Oak Creek BMX Organization for the construction and operation of a BMX facility at the Century Boulevard extension H-2 Presentation on the Central Valley Energy Facility (LM6000) Res. H-3 Request to hire one additional Assistant Animal Services Officer Res. H-4 Adopt resolution affirming benefits provided to City Council Members H-5 Approve plans and specifications and authorize advertisement for bids for Lower Sacramento Road Utilities, Kettleman Lane to Turner Road H-6 Approve plans and specifications and authorize advertisement for bids for Fire Station No. 4, 180 North Lower Sacramento Road Res. H-7 Adopt resolution awarding the contract for Lodi Lake Bicycle/Pedestrian Corridor Project (Phase I), 1101 West Turner Road, to A.M. Stephens Construction Company, Inc. ($731,270); and appropriate $775,000 for the project H-8 Authorize City Manager to execute a professional services agreement with West Yost & Associates for engineering services to perform pilot testing to determine the feasibility of percolation treatment/disposal of effluent; and appropriate $114,500 for the project H-9 Authorize City Manager to execute a professional services agreement with West Yost & Associates for engineering services to prepare a report to request alternative waste discharge requirements; and appropriate $69,000 for the project Res. H-10 Authorize the transfer of funds for additional work on the Electric Utility Substructures, Turner Road/McLane Substation Contract ($195,000) Res. H-11 Authorize construction of a 60 kV transmission line from Industrial Substation to Harney Lane, acquisition of easements, and procurement of materials ($350,000) Res. H-12 Adopt resolution approving no -parking zones on Ham Lane, from 230 feet south of Cardinal Street to Vine Street, to accommodate the installation of a continuous two-way, left -turn lane Res. H-13 Adopt resolution approving no -parking zones on Guild Avenue at Industrial Way and at Lodi Avenue I. Ordinances — None J. Comments by the public on non -agenda items THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. The City Council cannot deliberate or take any action on a non -agenda item unless there is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code Section 54954.2 in that (a) there is an emergency situation, or (b) the need to take action on the item arose subsequent to the agenda's being posted. Unless the City Council is presented with this factual evidence, the City Council will refer the matter for review and placement on a future City Council agenda. J:1CITYCLRKWORMS1agn11-15 doc 11110/00 Page 14 of 76 CITY COUNCIL AGENDA NOVEMBER 15, 2000 PAGE FOUR K. Comments by the City Council Members on non -agenda items L. Closed Session — None M. Return to Open Session / Disclosure of Action N. Adjournment Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day. Susan BIstow City Clerk Page 15 of 76 J:K:IT'c.RK1FORMSlegnl l-15.doc 11/10/05 For information regarding this Agenda please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 1 City Council awarding contract to build Fire Station 4 on March 7, 2001 Agenda Item H-2 with Resloution 2001-61 and borrowing the funds from IMF Water Fund. LODI CTTY COUNCIL Carnegie Forum 305 West Pine Street, Lodi AGENDA - REGULAR MEETING Date: March 7, 2001 Time: 7:00 p.m. ALL STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THE AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND ARE AVAILABLE FOR PUBLIC INSPECTION A. Roll call B. Invocation — Pastor Gene Napier, Temple Baptist Church C. Pledge of Allegiance D. Presentations D-1 Awards — None D-2 Proclamations — None D-3 Presentations a) Update on the activities of the Lodi Arts Commission (COM) E. Consent Calendar (Reading; comments by the public; action) E-1 Receive Register of Claims in the amount of $3,492,713.55 (FIN) E-2 Minutes (CLK) a) January 31, 2001 (Town Hall Meeting) b) February 7, 2001 (Regular Meeting) c) February 13, 2001 (Special Meeting) d) February 14, 2001 (Special Meeting) Res. E-3 Adopt resolution approving the purchase of 22 portable tire deflation devices using existing State Vehicle Theft funding ($13,863.04) (PD) Res. E-4 Adopt resolution awarding the bid to Wille Electric Company for the purchase of forty post -top luminaires ($21,868.51) (EUD) Res. E-5 Adopt resolution awarding the contract for Armory Park Field Lighting, 333 N. Washington Street, and Softball Complex Field Lighting, 401 N. Stockton Street, to Bockmon & Woody Electric Company, Inc. ($113,020); and appropriate funds for the project (PW) E-6 Authorize the City Manager to execute a professional services agreement with SNG & Associates, Inc., to provide professional staff support services for the Development Services Section of the Public Works Department (PW) Res. E-7 Adopt resolution authorizing the City Manager to execute a professional engineering services agreement with Nolte Associates, Inc.; and appropriate funds for the Lodi Westside Drainage Study ($36,600) (PW) E-8 Request to join in amicus brief in the case of Ratnnson v. Sofgno Courtly, 218 F.3d 1030 (91h Cir.2000) (CA) J:ICITYCLRKIFORMS\zgn03-O7-01 dx 3J1101 Page 16 of 76 CITY COUNCIL AGENDA MARCH 7, 2001 PAGE TWO E-9 Set Public Hearing for March 21, 2001 to adopt resolution accepting the Oliver Tecklenburg/William Beckman Reorganization Proposal to annex approximately 27 acres to the City of Lodi with concurrent detachments from the Woodbridge Rural County Fire Protection District, Northern San Joaquin County Water Conservation District, and Road District No. 4 (CD) E-10 Set Public Hearing for April 4, 2001 to consider updating Development Impact Fees for water, wastewater collection, storm drainage, police, fire, parks and recreation, and general City facilities; and to consider amendments to Title 15, Section 64 of the Lodi Municipal Code (PW) E-11 Authorize an increase of $3,000 to Council Member Hitchcock's Travel and Business Expense account from the contingency fund for the purpose of representing the City on various commissions, state policy and national committees F. Public Hearings Res. F-1 Public Hearing to consider and approve community input and proposals for uses of the City's 2001-2002 federal allocation of Community Development Block Grant (CDBG) and HOME funds (CD) Ord. F-2 Public Hearing to consider the Planning Commission's recommendation that the City Council 1) (Introduce) adopt a General Plan Amendment to change from PR, Planned Residential to NCC, Res. Neighborhood Community Commercial; and 2) a prezoning from AU -20, Agriculture Urban Res. Reserve to CS, Commercial Shopping, for a 15,5 acre portion of the property located at 302 State Route Highway 12, APN No. 058-030-01 and to initiate annexation of the property into the City of Lodi (CD) G. Communications G-1 Claims filed against the City of Lodi — None G-2 t4tcoholic Beverage Control License Applications — None G-3 Reports: Boards/Commissions/Task Forces/Committees — None G-4 Appointments — None G-5 Miscellaneous — None H. Regular Calendar H-1 Authorize issuance of request for qualifications (RFQ) for space needs/use and concept design for the existing Public Safety Building; and to authorize the City Manager to negotiate a concept design contract for the proposed Civic Center parking structure with Watry Design Group of San Mateo (PW) Res H-2 Adopt resolution awarding the contract for Fire Station #4, 180 N. Lower Sacramento Road, to Tony Coyne, Inc. ($1,628,369); and appropriate funds for the project (PW) I. Ordinances — None J. Comments by the public on non -agenda Items THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO AVE MINUTES. The City Council cannot deliberate or take any action on a non -agenda item unless there Is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code Section 54954.2 in that (a) there is an emergency situation, or (b) the need to take action on the item arose subsequent to the agenda's being posted. Unless the City Council is presented with this factual evidence, the City Council will refer the matter for review and placement on a future City Council agenda. K. Comments by the City Council Members on non -agenda items L. Closed Session — None Page 17 of 76 JiCRYCLRKIFORMStagn03.07.01 dac 311101 CITY COUNCIL AGENDA MARCH 7, 2001 PAGE THREE M. Return to Open Session / Disclosure of Action N. Adjournment Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours In advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day. Susan J. Blacksto City Clerk JACITYCLRK\FORMSIagn03-07-01.aac 3/1I0t Page 18 of 76 COUNCIL COMMUNICATION AGENDA TITLE: Adopt a Resolution Awarding the Contract for Fire Station #4, 180 North Lower Sacramento Road, to Tony Coyne Inc. ($1,628,369); and Appropriate Funds for the Project MEETING DATE: March 7, 2001 PREPARED BY: Public Works Director RECOMMENDED ACTION. That the City Council adopt a resolution awarding the contract for the above project to Tony Coyne Inc., of Lodi, in the amount of $1,628,369; and appropriate funds in accordance with the recommendation shown below. BACKGROUND INFORMATION: Plans and specifications for this project were approved on November 15, 2000. The bid included two alternates: Alternate 1 was to have stained concrete floor finishes in certain nonpublic areas in lieu of the specified floor coverings; and Alternate 2 was for deleting an architectural design element from the building exterior. Staff is recommending that neither alternate be accepted. It was anticipated they would be cost deductions. Since Alternate 1 is more expensive, staff is not recommending it. Since Alternate 2 was a slight deduction, given the total cost of the project, it was recommended that this architectural feature is worth the cost. The City received the following eight bids for this project: Bidder Engineer's Estimate Location Base Bid Alternate 1 Alternate 2 $1,750,000 Tony Coyne, Inc. Lodi $1,628,369 $12,548 -$3,200 Diede Construction, Inc. Woodbridge $1,746,000 $14,000 -$4,000 F & H Construction Stockton $1,792,000 $ 2,000 -$3,000 Bobo Construction, Inc. Elk Grove $1,825,000 $20,000 -$3,000 American River Construction, Inc. El Dorado $1,836,000 $ 5,000 -$4,000 Shoemate Buildings, Inc. Stockton $1,966,000 $15,900 $4,300 'Trent Construction Red Bluff $1,575,000 $18,000 -$4,000 **McFadden Construction, Inc. Stockton $1,603,000 $ 6,000 -$4,000 . Trent Construction discovered a $194,000 clerical error while compiling a requested Schedule of Values. Upon this discovery, they provided satisfactory documentation of the error and have requested to withdraw their bid. " Did not include receipt of addendum form with bid, therefore, bid cannot be accepted. Requested Appropriation: Construction Contract Contingency (10%) Testing & Inspection Total Appropriation Requested $1,628,369 $ 162,431 S 16200 $1,807,000 FS4 CAWARD dot: APPROVED: City Manager ixon 1 H. ynn -- 02/28/01 Page 19 of 76 Adopt a Resolution Awarding the Contract for Fire Station #4, 180 North Lower Sacramento Road, to Tony Coyne Inc.($1,628,369); and Appropriate Funds for the Project March 7, 2001 Page 2 FUNDING: Fire Impact Fee Funds $1.644,569• Water Impact Fee Funds $ 62,13 I TOTAL $1,807,000 `This exceeds the Fire IMF fund balance; interfund borrowing as provided in the IMF ordinance will be done. Bid Opening Date: February 22, 2001 Vicky 'hie, Fi• e Dire tor Funding Available: Prepared by Gary Wiman, Project Manager RCPIGW/pkh cc; Randy Hays, City Attorney Michael Pretz, Fire Chief Jerry Adams, Police Chief Rad Bardam, Community Development Director Richard C. Prima, Jr Public Works Director Page 20 of 76 RESOLUTION NO. 2001-61 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR FIRE STATION #4, 180 NORTH LOWER SACRAMENTO ROAD, AND FURTHER APPROPRIATING FUNDS FOR THIS PROJECT WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on February 22, 2001 at 11:00 a.m. for Fire Station #4, 180 North Lower Sacramento Road, described in the specifications therefore approved by the City Council on November 15, 2000; and WHEREAS, said bids have been compared, checked, and tabulated and a report thereof filed with the City Manager as follows: Bidder Location Base Bid Alternate 1 Alternate 2 Engineer's Estimate 51.750.000 'Trent Construction Red Bluff 51.575.000 $18.000 -$4,000 •McFadden Construction, Inc. Stockton $1.603.000 $ 6.000 -$4,000 Tony Coyne, Inc. Lodi $1,628,369 512.548 -53,200 -$4.000 Diede Construction, Inc. Woodbridge $1,746,000 $14.000 F & H Construction Stockton $1,792.000 S 2.000 -$3,000 Bobo Construction. Inc. Elk Grove $1.825.000 $20,000 -$3,000 American River Construction, Inc. Shoemate Buildings, Inc. El Dorado 51,836.000 Stockton 51.966.000 $ 5,000 -54.000 $15,900 $4,300 • Trent Construction discovered a $194,000 clerical error while compiling a requested Schedule of Values. Upon discovery, they have requested to withdraw their bid. The City of Lodi has allowed the withdrawal of the Trent Construction bid pursuant to Contracts Code §§5103 8. 5101(a). •• Did not Include Receipt of Addendum form with bid, therefore, bid cannot be accepted and Is considered non-responsive. WHEREAS, the City Manager recommends award of the bid for Fire Station #4, 180 North Lower Sacramento Road, be made to the low bidder, Tony Coyne, Inc., of Lodi, CA, in the amount of $1,628,369.00, excluding Alternates 1 & 2. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the award of the bid for Fire Station #4, 180 North Lower Sacramento Road, be and the same is hereby awarded to Tony Coyne, Inc., of Lodi, CA, the lowest responsible bidder, in the amount of $1,628,369.00, excluding Alternates 1 & 2; and BE IT FURTHER RESOLVED, that funds be appropriated as follows: Fire Impact Fee Funds Water Impact Fee Funds Total Appropriation $1,644,569.00` $ 162,431.00 $1,807,000.00 'Note: This exceeds the Fire IMF fund balance; interfund borrowing as provided in the IMF ordinance will be done. Dated: March 7, 2001 Page 21 of 76 I hereby certify that Resolution No. 2001-61 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 7, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SAN J City Clerk 2001-61 Page 22 of 76 LACKSTON Resolution on agenda item E-5 equipment for Fire Station 4 on Dec. 5, 2001. I ADI CITY CO NCI I, Carnegie Forum 305 West Pine Street, Lodi AGENDA - REGULAR MEETING Date: December 5, 2001 Time: Regular Meeting 7:00 p.m. For information regarding this Agenda please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 1 ALL STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THE AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND ARE AVAILABLE FOR PUBLIC INSPECTION C-1 Call to Order ! Roll Call — N/A C-2 Announcement of Closed Session — None C-3 Adjourn to Closed Session — N/A NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M. C-4 Return to Open Session I Disclosure of Action — N/A A. Call to Order! Roll call B. Invocation — Pastor Perry Kallis, Temple Baptist Church C. Pledge of Allegiance D. Presentations D-1 Awards a) Presentation of Mayor's Community Service Awards • Maria Cervantes • Richard Jones • Ken Mullen D-2 Proclamations — None D-3 Presentations a) Update on the activities and accomplishments of the Lodi Arts Commission (COM) E. Consent Calendar (Reading; comments by the public; Council action) E-1 Receive Register of Claims in the amount of $5,279,603.48 (FIN) E-2 Minutes (CLK) a) November 7, 2001 (Regular Meeting) b) November 21, 2001 (Regular Meeting) E-3 Approve specifications and authorize advertisement for bids for one engineering copier (replacement) for the Electric Utility Department (EUD) Res. E-4 Adopt resolution awarding the bid for the purchase of fifteen steel streetlight standards to the low bidder, G.E. Supply Company, of North Highlands, CA ($10,465.13) (EUD) Res. E-5 Adopt resolution awarding the bid for physical conditioning equipment for Fire Station #4 to the low bidder, Sacramento Exercise Equipment Center, Inc., of Sacramento ($20,193.98) (FD) Res. E-6 Adopt resolution awarding the construction contract for Municipal Service Center Compressed Natural Gas Fueling Station, 1331 South Ham Lane, to Stockton Service Station Equipment Company, Inc., of Stockton ($209,660); and appropriate funds for the project (PW) JACITYCIRKd'ORM5sg,12.0501 doc 11/29/01 Page 23 of 76 CITY COUNCIL AGENDA DECEMBER 5, 2001 PAGE TWO Res. E-7 Adopt resolution authorizing purchase of tools and equipment ($116,902.29) for the Quint Aerial Fire Apparatus and approve refinancing of a seven-year lease purchase to include the Fire Apparatus, tools, and equipment (FD) Res. E-8 Adopt resolution authorizing the City Manager to sign a lease agreement with the Lodi - Woodbridge Winegrape Commission for use of a 100' by 40' section of Katzakian Park, 2735 West Turner Road, for the purpose of planting a demonstration vineyard (PR) E-9 Set public hearing for December 19, 2001 to consider the establishment of development fees pursuant to the San Joaquin County Multi -Species Habitat Conservation and Open Space Plan (CD) Res. E-10 Adopt resolution authorizing the City Manager to sign a contract and an addendum with Advanced GeoEnvironmental, Inc. for a Phase II Site Assessment on properties located at 17 East Elm Street and 22 East Locust Street ($12,029) (PR) F. Comments by the public on non -agenda items THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. The City Council cannot deliberate or take any action on a non -agenda item unless there is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code Section 54954.2 in that (a) there is an emergency situation, or (b) the need to take action on the item arose subsequent to the agenda's being posted. Unless the City Council is presented with this factual evidence, the City Council will refer the matter for review and placement on a future City Council agenda. G. Public Hearings — None H. Communications H-1 Claims filed against the City at Lodi a) Jack Aiquist, date of loss 8/15/01 H-2 fteaoGts; 8 dsKCpnlmi$slons/Task FarceslCommiltees a) Planning Commission report of November 14, 2001 H-3 Appointments a) Post for vacancy on the East Side Improvement Committee and expiring terms on the Lodi Senior Citizens Commission, San Joaquin County Mosquito 8 Vector Control District, and Site Plan and Architectural Review Committee b) Appointment to the Lodi Animal Shelter Task Force H-4 Miscellaneous a) Set public hearing for December 19, 2001 to consider the appeal of Del Smith to the Planning Commission's decision to deny Use Permit U-01-20 to place a temporary office trailer at the existing Wine and Roses facility at 1037 Woodhaven Lane (APN 015-230-46) I. Regular Calendar — None J. Ordinances — None K. Comments by the City Council Members on non -agenda items L. Comments by the City Manager on non -agenda items M. Reorganization of the Lodi City Council N. Adjournment Pursuant to Section 54954.2(a) of the Government Code of the State of California, this agenda was posted at least 72 hours in advance of the scheduled meeting at a public place freely accessible to the public 24 hours a day. r- Susan J. Blacksto City Clerk Page 24 of 76 JAc YCLRIQFORMS,a0n12a5-0I doc 11r2S/01 AGENDA — REGULAR MEETING Date: December 5, 2001 Time: 7:00 p.m. I LODI CITY COUNCIL Carnegie Forum 305 West Pine Street, Lodi [ For information regarding this Agenda please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 ALL STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THE AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND ARE AVAILABLE FOR PUBLIC INSPECTION ADDENDUM Subsequent to the publication and posting of the agenda on November 30, 2001 the following Item was submitted for Council consideration. H. Communications H-1 Claims filed against the City of Lodi b) Silicon Energy, date of loss 8/14/01 Pursuant to Section 54954.2(a) of the Government Code of the State of California, this Agenda was posted at least 72 hours in advance of the schedule meeting at a place freely accessible to the public 24 hours a day. Susan J. Biackst City Clerk J:ICITYCLRIOFORMSADDENDUM DOC 110051 Page 25 of 76 LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, JANUARY 2, 2002 C-1 CALL TO ORDER / ROLL CALL The City Council Closed Session meeting of January 2, 2002 was called to order by Mayor Pennino at 6:17 p.m. Present: Council Members — Hitchcock (arrived at 6:25 p.m.), Howard, Land, Nakanishi, and Mayor Pennino Absent: Council Members — None Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston C-2 ANNOUNCEMENT OF CLOSED SESSION a) Prospective acquisition of real property located at 402 E. Sargent Road, Lodi, CA (APN 027-040-03); the negotiating parties are City of Lodi and Noble D. Fore, II et al.; Government Code §54956.8 (CD) b) Prospective lease of property located at 322 W. Locust Street, Lodi, CA (APN 037-270-11), to house the Fire Administrative offices; the negotiating parties are the City of Lodi and Gary Buzunis; price and terms of the lease are under negotiation; Government Code §54956.8 (FD) C-3 ADJOURN TO CLOSED SESSION At 6:17 p.m., Mayor Pennino adjourned the meeting to Closed Session to discuss the above matters. The Closed Session adjourned at 6:45 p.m. C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION At 7:01 p.m., Mayor Pennino reconvened the City Council meeting, and City Attorney Hays disclosed the following actions. In regard to Item C-2 (a), the City Council authorized staff to begin the acquisition process by having an appraisal done on the property located at 402 E. Sargent Road, Lodi (APN 027-040-03). In regard to Item C-2 (b), the City Council indicated that it did not wish to consider at this time the lease of the property located at 322 W. Locust Street, Lodi (APN 037-270-11). A. CALL TO ORDER / ROLL CALL The Regular City Council meeting of January 2, 2002 was called to order by Mayor Pennino at 7:01 p.m. Page 26 of 76 Present: Council Members — Hitchcock, Howard, Land, Nakanishi, and Mayor Pennino Absent: Council Members — None Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston B. INVOCATION The invocation was given by Pastor James Harvey, Lodi Community Church. C. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pennino. D. AWARDS / PROCLAMATIONS / PRESENTATIONS D-1 Awards — None D-2 Proclamations — None D-3 (a) Theresa Yvonne, Arts Coordinator and staff liaison to the Lodi Arts Commission, updated the City Council on the activities and accomplishments of the Lodi Arts Commission. D-3 (b) Following introduction by Mayor Pennino, Jeff Solomon, Chief with the Grant Union High School District Police, presented awards to Police Chief Jerry Adams, Acting Captain David Main, and Lieutenant Gary Benincasa in appreciation to the Lodi Police Department for the technical and managerial support it provided to the Grant Union High School District Police as part of its joint partnership. E. CONSENT CALENDAR In accordance with the report and recommendation of the City Manager, Council, on motion of Council Member Land, Howard second, unanimously approved the following items hereinafter set forth except those otherwise noted: E-1 Claims were approved in the amount of $8,106,775.64. E-2 The minutes of October 23, 2001 (Shirtsleeve Session), October 25, 2001 (Special "Town Hall" Meeting), November 13, 2001 (Shirtsleeve Session), and November 27, 2001 (Shirtsleeve Session) were approved as written. E-3 "Adopt resolution authorizing the purchase of a combination printer, fax, and copy machine for Lodi Police Department Investigations Unit using technology grant funds ($13,000)" was pulled from the agenda pursuant to staff's request. E-4 Adopted Resolution No. 2002-01 awarding the contract for Pedestrian Push Buttons and Sign Plates, Various Locations, to ForTel Traffic, Inc., of Hollister, in the amount of $19,640; and appropriated funds in accordance with staff recommendation. E-5 Received Contract Change Orders and accepted the improvements under the "Mills Avenue, Vine Street, and Ham Lane Asphalt Concrete Resurfacing" contract. Page 27 of 76 E-6 Received Contract Change Orders for Fire Station #4, 180 N. Lower Sacramento Road. E-7 Took the following actions with regard to the Century Meadows Three, Unit No. 5 subdivision. Approved the addendum to the improvement agreement for the public improvements of Century Meadows Three, Unit No. 5, Tract No. 2976, and directed the City Manager and City Clerk to execute the addendum on behalf of the City. Rescinded the improvement agreement for the public improvements of Century Meadows One, Unit No. 2, Tract No. 2786, Master Storm Drainage Facilities, approved by the City Council on October 17, 2001. Appropriate funds for required reimbursements. E-8 Authorized the City Manager to execute an agreement with Wenell Mattheis Bowe for a concept plan for renovation of the existing Public Safety Building and appropriated funds in accordance with staff recommendation. E-9 Adopted Resolution No. 2002-02 authorizing the City Manager to execute CALFED Grant Agreement No. 4600001713 accepting a grant for approximately $75,000 for a Lower Mokelumne River Watershed Education Project. E-10 Authorized the City Manager to issue request for proposals for the removal of existing homes located on the new Police facility site. E-11 Authorized the City Manager to issue request for proposals for National Pollutant Discharge Elimination System Phase II Stormwater Management Plan. E-12 Adopted Resolution No. 2002-03 authorizing destruction of certain records retained by the Lodi Police Department in excess of five years of age. Page 28 of 76 Mike Lusk Note: Excerpt that portion of Council Meeting May 1, 2002 agenda itemE-4. I ADI CITY COUNCIL Carnegie Forum 305 West Pine Street, Lodi AGENDA - REGULAR MEETING Date: May 1, 2002 Time: Closed Session 5:30 p.m. Regular Meeting 7:00 p.m. For information regarding this Agenda please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 ALL STAFF REPORTS OR OTHER WRITTEN DOCUMENTATION RELATING TO EACH ITEM OF BUSINESS REFERRED TO ON THE AGENDA ARE ON FILE IN THE OFFICE OF THE CITY CLERK AND ARE AVAILABLE FOR PUBLIC INSPECTION C-1 Call to Order I Roll Call C-2 Announcement of Closed Session a) Prospective lease of property located at 100 East Pine Street, Lodi, CA (APN 043-072-01); the negotiating parties are the City of Lodi and the Lodi Adopt -A -Child Foundation, a non- profit 501(c) 3 Community-based organization; price and terms of the lease are under negotiation; Government Code §54956.8 (PW) b) Conference with legal counsel; anticipated litigation; significant exposure to litigation pursuant to subdivision (b) of §54956.9; two cases; pursuant to Government Code §54956.9(b)(3)(A) facts, due to not being known to potential plaintiffs, shall not be disclosed (CA) c) Actual litigation: Government Code §54956.9(a); one case; People of Me State of California. and the City of Lodi, California v. M & P lrlvoslnlenls, el al.• United States District Court, Eastern District of California, Case No. CIV -S-00-2441 FCD JFM (CA) C-3 Adjourn to Closed Session NOTE: THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 7:00 P.M. C-4 Return to Open Session I Disclosure of Action A. Call to Order / Roll call B. Invocation — Natalie Reyes, representative of the Baha'i C. Pledge of Allegiance — Boy Scout Troop 199 D. Presentations D-1 Awards — None D-2 Proclamations a) Veteran Appreciation Month b) California Bike to Work Week (PW) c) National Letter Carrier Food Drive Day D-3 Presentations — None a) Presentation of Certificate of Recognition to Boy Scout Troop 199 for achieving Troop of the Year 2001 from the 49er District Awards Committee b) Presentation of Certificate of Recognition to Paul McKelvey from Boy Scout Troop 199 for obtaining the rank of Eagle Scout c) Presentation of Certificate of Appreciation to Pacific Gas & Electric Company for its many community contributions to the City of Lodi (CM) d) Presentation regarding Lodi Memorial Hospital's "Walk For The Health Of It" and 50'" Anniversary community celebration (CM) e) Presentation regarding the Lodi Chamber of Commerce Small Business Committee's first "Small Business Showcase 2002" (CM) f) Update on the activities and accomplishments of the Lodi Senior Citizens Commission (COM) J:CITYCLRKIFORMS\agn05-01-02 doc 4126102 Page 29 of 76 CITY COUNCIL AGENDA MAY 1, 2002 PAGE TWO E. Consent Calendar (Reading; comments by the public; Council action) E-1 Receive Register of Claims in the amount of $3,121,959.33 (FIN) E-2 Minutes (CLK) a) April 2, 2002 (Shirtsleeve Session) b) April 2, 2002 (Special Meeting) c) April 3, 2002 (Regular Meeting) d) April 9, 2002 (Shirtsleeve Session) e) April 9, 2002 (Special Meeting) f) April 11, 2002 (Special Joint Meeting with the Lodi Arts Commission) g) April 16, 2002 (Shirtsleeve Session) h) April 16, 2002 (Special Meeting) E-3 Accept the Quarterly Investment Account report (FIN) E-4 Accept improvements under contract for Fire Station #4, 180 North Lower Sacramento Road; and notification of final Contract Change Order (PW) E-5 Contract Change Order No. 1 for Aquatics Facility design (PR) E-6 Contract Change Order No 1 for Campus Master Plan and Indoor Sports and Activity Complex design (PR) Res. E-7 Adopt resolution supporting AB 2351 regarding changes to the mandatory minimum penalty provisions of Section 13385 of the Water Code (PW) Res E-8 Adopt resolution authorizing the City Manager to accept the improvements under the Utility Substructures, Cherokee Lane and Sunwest Area contract, to direct the Electric Utility Director to file a Notice of Completion with the County Recorder's Office, and to appropriate additional funds for the project ($8,043,80) (EUD) Res. E-9 Adopt resolution consenting to change of control and internal restructuring of AT&T Corporation to AT&T Comcast Corporation (CM) E-10 Request to join in amicus brief in the case of City of Carlsbad v. Baker of al., (San Diego Superior Court Case No. N-78249-1, Court of Appeal No. D039112, Court of Appeal Fourth Appellate District, Division One (CA) E-11 Request to join in amicus brief in the case of Metropolitan Water District of Southern California of al, v. Superior Court of CaliforniajOowovne Carol'', et al., Real Parties in interest) (CA) E-12 Set public hearing for May 15, 2002 to consider the Planning Commission's recommendation that the City Council adopt an amended 2001 Growth Management Allocation schedule adding the 77 low-density allocations of the Luckey/Lackyard Development plan (CD) E-13 Set public hearing for May 15, 2002 to consider the Planning Commission's recommendation that the City Council approve a request by Leila Sorour for two actions: 1) amend the General Plan from LDR, Low Density Residential to 0, Office for 1116 South Fairmont; and 2) rezone 1110 South Fairmont from RCP, Residential Commercial Professional, to Residential Garden Apartment to permit the construction of two duplexes (CD) F. Comments by the public on non -agenda items THE TIME ALLOWED PER NON -AGENDA ITEM FOR COMMENTS MADE BY THE PUBLIC IS LIMITED TO FIVE MINUTES. The City Council cannot deliberate or take any action on a non -agenda item unless there is factual evidence presented to the City Council indicating that the subject brought up by the public does fall into one of the exceptions under Government Code Section 54954 2 in that (a) there is an emergency situation, or (b) the need to take action on the item arose subsequent to the agenda's being posted. Unless the City Council is presented with this factual evidence, the City Council will refer the matter for review and placement on a future City Council agenda. G. Public Hearings — None Page 30 of 76 J:cITYCLRKIFORMS1agn05-01-02 dm 426!02 Mike Lusk Note: Excerpt that portion of meeting December 18, 2002 agenda item 1-3. LODI CITY COUNCIL REGULAR CITY COUNCIL MEETING CARNEGIE FORUM, 305 WEST PINE STREET WEDNESDAY, DECEMBER 18, 2002 A. CALL TO ORDER / ROLL CALL The Regular City Council meeting of December 18, 2002 was called to order by Mayor Hitchcock at 7:02 p. m. Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock Absent: Council Members — None Also Present: City Manager Flynn, City Attorney Hays, and City Clerk Blackston 1-3 "Impact Mitigation Fee Program Annual Report" Public Works Director Prima acknowledged that he had been remiss in making formal reports on the Impact Mitigation Fee Program. He stated that tonight's presentation constitutes a formal report, which is required to be done within six months of the closing of the fiscal year. He explained that there is a requirement that the information be available 15 days prior to the noticed meeting at which it occurred. The matter will be brought back to Council at a future date for final public comment. Wally Sandelin, City Engineer, reported that Government Code 66000 et seq. requires an annual report to the Council that outlines the current impact fees, the beginning and ending fund balance in each of the fee accounts, annual revenues, and expenditures for projects. Referencing Exhibit A, which was distributed to Council on a "blue sheet" (filed), Mr. Sandelin explained that it is a summary of the activity in each impact fee fund account. Changes on Exhibit A occurred in the water fund, the streets regional fund, fire fund, and parks and recreation fund. Changes in the water, streets, and fire funds resulted from outstanding loans that exist in those funds and how they were treated in the beginning fund balances. At this time there is a total fund balance in the fee program of $4,750,220. He explained that interfund transfers typically comprise the transfer of funds from the impact fee program to other funds in the City to cover labor and material costs incurred to the benefit of the projects in the impact fee program. Exhibit B (filed) provides a list of project expenditures for fiscal year 2001-02 and a brief description of what projects those funds were spent on. Exhibit C (filed) provides a comprehensive listing of project expenditures from the inception of the fee program to June 30, 2002. Mayor Pro Tempore Howard pointed out that under the category of streets regional it went from a positive value to a negative. Mr. Sandelin explained that it was a typographical error, i.e. on the original sheet it should also have been a negative. In reply to Council Member Beckman, Mr. Sandelin stated that the sale of G -basin export of $24,000 represents the sale of dirt from the basin. In response to Council Member Hansen, Mr. Sandelin reported that the fire account has a loan set up between the water fund and the fire fund. There is a payment schedule established wherein as fire impact fees are collected they are repaid to the water fund. The negative fund balance in streets regional is principally attributed to an outstanding loan from the San Joaquin Council of Governments (SJCOG) Page 31 of 76 Measure K program. The loan amount is currently $627,000 and is repaid at the rate of $103,000 per year. City Manager Flynn added that impact fees are treated as a single fund and reiterated that there is currently an overall balance of $4.75 million. Mayor Hitchcock asked staff to submit a report to Council identifying impact mitigation fee revenues year by year. In reference to the streets regional program loan, Mr. Sandelin explained that it was an $800,000 (plus interest) loan by SJCOG made to the Highway 99 and Kettleman Lane Interchange Project. The City pledged to repay them over a ten-year period out of revenues from the impact fee program. Mr. Prima added that the Interchange Project was in excess of $5 million. The project in the fee program was not allocated at full cost. He explained that when a project is listed in the fee program, needs for the project under current conditions and how much is due to growth, needs to be considered. The Interchange Project was only to be partially funded by impact fees. It was assumed that there would be money from the State and Measure K through the Congestion Relief Program. Mr. Sandelin noted that a second phase of the Interchange Project is planned and is estimated to cost $4.9 million. In response to Mayor Hitchcock, Mr. Sandelin reported that within the impact mitigation fee program there has been one loan in the amount of $1,583,000 from the water to the fire fund to construct Fire Station #4 and the external loan through SJCOG, as reported previously. Mr. Prima clarified that interfund transfers are transfers from the impact fee fund back to the general fund to cover costs of engineering and program administration. Mr. Sandelin noted that the code requires an annual report to show how funds are being expended and that a good faith effort is being made to account for the monies. There are not strict accounting requirements that hold the City to the percentage or dollar figures in the fee program as adopted by Council. Mr. Flynn stated that an annual cost allocation plan, accepted by the state and federal governments, is prepared and brought to Council as part of the budget process. Most grant agencies allow an administrative charge that includes engineering and design costs. Mayor Hitchcock asked how much was collected in the fire fund since its inception and how it arrived at a $300,000 deficit. Mr. Prima indicated that he would provide Council with the information. He noted that the fire fee was one of the lowest and the cost of the station was significantly underestimated in the original fee program. Mr. Sandelin added that the fire fund balance in October 2001 was $324,000 and the total cost of Fire Station #4 including design was $1.98 million. Mayor Hitchcock emphasized the importance of reviewing the impact mitigation fees annually to ensure there is a sufficient amount of money in the program. In response to discussion regarding the possible need for a fifth fire station, Fire Chief Pretz reported that the Fire Department's response time is four minutes, and under the current general plan, Lodi has a Page 32 of 76 sufficient number of fire stations to meet that criteria. He indicated that the Fire Department would be updating its plan in 2003 and bringing a recommendation to Council regarding future fire station needs. Mayor Pro Tempore Howard recommended that the Fire Department provide a report to Council regarding its goals and projections at the time this matter is brought back to Council for action, as it may impact the fee program. MOTION / VOTE: No action required by Council. Page 33 of 76 Mike Lusk Note: Excerpt from Council Meeting April 26, 2004 Agenda Item B-1 AGENDA ITEM B-01 APPROVED: H. Dixon Flynn, City Manager CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Report on receivables/payables (Comprehensive Annual Financial Report — June 30, 2003) and provide direction for possible future action by Council related to corrections/changes/reversals. MEETING DATE: April 26, 2004 PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council receive this report on receivables/payables reported in the June 30, 2003 Comprehensive Annual Financial Report (CAFR) and direct appropriate action be brought back for approval. BACKGROUND INFORMATION: The following is a line by line explanation of the "Receivables/Payables" in the amount of $9,102,363 reported on page 40 of the CAFR for June 30, 2003: 1. Of the total reported in the CAFR on page 40, $6,337,367 was authorized by the City Council by Resolution or motion action. The remaining $2,764,996 represents receivables from Federal, State or County sources, i.e. Block Grant, TDA, FTA, Measure K, sales tax and property tax. The following is the justification for recording these transactions as presented. A copy of the backup material is attached for your information. 2. In Resolution 99-181, adopted by the City Council meeting on November 17, 1999, the City Council agreed to loan the Redevelopment Agency the amount of $222,050 (a $200,000 loan plus $22,050 from Contingency) plus interest on the loan. Justification for this transaction is included in the Resolution and Cooperation Agreement. The loan was made from the General Fund to the Redevelopment Fund. (copy of Resolution 99-181, Cooperation Agreement, Council Communication and Council minutes from November 17, 1999 are attached) Recommendation: No action. 3. In a motion action dated May 1, 1991 the City Council voted to loan the "Foundation" the sum of $170,000 for design of the Hutchins Street Square Auditorium. The Foundation has repaid $97,000 of this loan. In 1997, the Foundation committed to repay the City the $10,358,362.09 loan for completion of Hutchins Street Square project. To date, the Foundation has paid the City $1,100,000 cash which has been matched with waivers by Page 34 of 76 the City Council in the amount of $912,500. The total credit to the Foundation for the loan is $2,012,500. The former Director of Hutchins Street Square recommended that the remaining balance of the 1991 loan ($73,000) be waived by the City Council or that the City's "match" be used to waive the loan. (copy of Council Communication and Council minutes for May 1, 1991 are attached) Recommendation: The remaining balance of the loan for $73,000 be waived. 4. On March 7, 2001 the City Council approved Resolution 2001-61 for $1,807,000 for construction of Fire Station #4. Of this amount, the City Council authorized the use of Water and Fire Impact Fees. At that time, the City Council was advised that there were not sufficient funds in the Fire IMF fund for the project and that the City Manager would have to transfer funds from other impact fee accounts for the project in accordance with the City's Municipal Code. Accordingly, funds were transferred from the Water IMF Fund in an amount of $1,396,764 (current balance) for this project. This transfer of funds is authorized in paragraph 15.64.030 of the City's Municipal Code (copy attached) and in AB 1600 (copy attached). (Copy of Resolution 2001-61, Council Communication, Council minutes of March 7, 2001, paragraph 15.64.030 of the Lodi Municipal Code and AB 1600, in part, are attached). Page 35 of 76 INTER -FUND TRANSFERS TABLE OF CONTENTS Item Page A. Redevelopment Agency Resolution 99-181 1 Council Communication 4 Associated minutes, November 17, 1999 5-8 B. Hutchins Street Square Council Communication 9-13 Associated minutes, May 1, 1991 14-15 C. Development Impact Fee Projects Resolution 2001-61 (Fire Station 4) 16-17 Council Communication 18-19 Associated minutes, March 7, 2001 20-21 Lodi Municipal Code 15.64.030 22 AB 660 23-24 Resolution 2001-12 (Lower Sacramento Road Widening) 25-26 Council Communication 27-29 Associated minutes, January 17, 2001 30-31 D. Audits of State and Local Governments (GASB 34 Edition 32-34 E. Accounting and Financial Reporting Transactions (GASB) 36-37 F. CAFR Page 18 38 G. Investment Transfers Council Communication 40 Associated Minutes, July 17, 1996 41 H. FTA e-mail message 43 I. Transportation Development Act Statutes and Regulations 44-46 J. Cash and Fund Balances as of June 30, 2003 47-48 Page 36 of 76 RESOLUTION NO. 2001-61 A RESOLUTION OF THE LODI CITY COUNCIL AWARDING THE CONTRACT FOR FIRE STATION #4, 180 NORTH LOWER SACRAMENTO ROAD, AND FURTHER APPROPRIATING FUNDS FOR THIS PROJECT WHEREAS, in answer to notice duly published in accordance with law and the order of this City Council, sealed bids were received and publicly opened on February 22, 2001 at 11:00 a.m. for Fire Station #4, 180 North Lower Sacramento Road, described in the specifications therefore approved by the City Council on November 15, 2000; and WHEREAS, said bids have been compared, checked, and tabulated and a report thereof filed with the City Manager as follows: Bidder Location Base Bid Alternate 1 Alternate 2 Estimate 51.750,000 :Engineer's 'Trent Construction Red Bluff 51.575.000 518,000 _ -$4,000 "McFadden Construction. Inc, Stockton 51.603,000 5 6.000 -54,000 Tony Coyne. Inc. Lodi 51.628,369 $12,546 -$3,200 i3tede Construction, inc. Woodbridge $1,746,000 $14 000 -54,000 F & H Construction Stockton $1,792,000 5 2,000 -53,000 Bobo Construction. Inc. Elk Grove $1,825,000 520,000 -53,000 American River Construction, Inc. El Dorado 51,836,000 5 5,000 -54,000 54,300 Shoemate Buildings, Inc. Stockton 51.966.000 515.900 • Trent Construction discovered a $194,000 clerical error while compiling a requested Schedule of Values. Upon discovery, they have requested to withdraw their bid. The City of Lodi has allowed the withdrawal of the Trent Construction bid pursuant to Contracts Code §§5103 & 5101(a). •• Did not include Receipt of Addendum form with bid, therefore, bid cannot be accepted and is considered non-responsive. WHEREAS, the City Manager recommends award of the bid for Fire Station #4, 180 North Lower Sacramento Road, be made to the low bidder, Tony Coyne, Inc., of Lodi, CA, in the amount of $1,628,369.00, excluding Alternates 1 & 2. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council that the award of the bid for Fire Station #4, 180 North Lower Sacramento Road, be and the same is hereby awarded to Tony Coyne, Inc., of Lodi, CA, the lowest responsible bidder, in the amount of $1,628,369.00, excluding Alternates 1 & 2; and BE IT FURTHER RESOLVED, that funds be appropriated as follows: Fire Impact Fee Funds Water Impact Fee Funds Total Appropriation $1,644,569.00• $ 162,431.00 $1,807,000.00 *Note: This exceeds the Fire IMF fund balance; interfund borrowing as provided in the IMF ordinance will be done. Dated: March 7, 2001 46 Page 37 of 76 I hereby certify that Resolution No. 2001-61 was passed and adopted by the City Council of the City of Lodi in a regular meeting held March 7, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SAN J 7- LACK STON City Clerk 2001-61 Page 38 of 76 COUNCIL COMMUNICATION AGENDA TITLE: Adopt a Resolution Awarding the Contract for Fire Station #4, 180 North Lower Sacramento Road, to Tony Coyne Inc. ($1,628,369); and Appropriate Funds for the Project MEETING DATE: March 7, 2001 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution awarding the contract for the above project to Tony Coyne Inc., of Lodi, in the amount of $1,628,369; and appropriate funds in accordance with the recommendation shown below. BACKGROUND INFORMATION: Plans and specifications for this project were approved on November 15, 2000. The bid included two alternates: Alternate 1 was to have stained concrete floor finishes in certain nonpublic areas in lieu of the specified floor coverings; end Alternate 2 was for deleting an architectural design element from the building exterior. Staff is recommending that neither alternate be accepted. It was anticipated they would be cost deductions. Since Alternate 1 is more expensive, staff is not recommending It. Since Alternate 2 was a slight deduction, given the total cost of the project, it was recommended that this architectural feature is worth the cost. The City received the following eight bids for this project: Bidder Engineer's Estimate Location Base Bid Alternate 1 Alternate 2 $1,750,000 Tony Coyne, Inc. Lodi $1,628,369 $12,548 -$3,200 Diede Construction, Inc. Woodbridge $1,746,000 $14,000 -$4,000 F & H Construction Stockton $1,792,000 $ 2,000 -$3,000 Bobo Construction, Inc. Elk Grove $1,825,000 $20,000 -$3,000 American River Construction, Inc. El Dorado $1,836,000 $ 5,000 -$4,000 Shoemate Buildings, Inc. Stockton $1,966,000 $15,900 $4,300 *Trent Construction Red Bluff $1,575,000 $18,000 -$4,000 **McFadden Construction, Inc. Stockton $1,603,000 $ 6,000 -$4,000 * Trent Construction discovered a $194,000 clerical error while compiling a requested Schedule of Values. Upon this discovery, they provided satisfactory documentation of the error and have requested to withdraw their bid. ** Did not include receipt of addendum form with bid, therefore, bid cannot be accepted. Requested Appropriation: Construction Contract Contingency (10%) Testing & Inspection Total Appropriation Requested $1,628,369 $ 162,431 $ 16 200 $1,807,000 Page 39 of 76 Adopt a Resolution Awarding the Contract for Flre Station #4, 180 North Lower Sacramento Road, to Tony Coyne Inc.($1,628,369); and Appropriate Funds for the Project March 7, 2001 Page 2 FUNDING: Bid Opening Date: Funding Available: Fire Impact Fee Funds $1.644,569" Water Impact Fee Funds $ 162.431 TOTAL $1,807,000 *This exceeds the Fire IMF fund balance; interfund borrowing as provided in the IMF ordinance will be done. February 22, 2001 n. Vicky Miikthie. ; a Dire la r Prepared by Gary Wiman, Project Manager RCPIGWIpkh cc: Randy Hays, City Attorney Michael Pretz, Fire Chief Jerry Adams, Police Chief Rad Barham, Community Development Director Richard C. Prima, Jr; Public Works Director Page 40 of 76 Continued March 7, 2001 In reply to Mayor Nakanishi, Mr. Bedlam reported that the parking structure at Sacramento Street between Pine and Elm Streets was not funded through the City's general fund. Staff obtained funds for the project through Measure K, Transportation Act, and Electric Utility. The parking structure downtown was geared toward relieving congestion of the multi -modal facility The parking structure at the corner of Church and Elm Streets, adjacent to Fire Station #1, is needed due to the growing parking demand on the west side of the downtown area. MOTION: Council Member Land made a motion, Howard second, to authorize the issuance of a request for qualifications (RFQ) for space needs/use and schematic design for the existing Public Safety Building and authorize the City Manager to negotiate a schematic (concept) design contract for the proposed Civic Center parking structure with Watry Design Group of San Mateo, COUNCIL DISCUSSION: Council Member Hitchcock stated that she will vote in favor of the design; however, she is not convinced that there is a need for the parking structure at this time and is not necessarily in favor of building it from general fund dollars. She indicated that it appears the City is building the parking lot for the new theater. Council Member Land emphasized the need for parking in the downtown area. Mayor Pro Tempore Pennino pointed out that downtown businesses are not required to provide their own parking areas, He suggested that after the budget is approved, a Shirtsleeve Session be scheduled to further discuss the parking structure and downtown parking issues. Mayor Nakanishi commented that he has received many complaints about parking congestion downtown. VOTE: The above motion carried by a unanimous vote. H-2 "Adopt resolution awarding the contract for Fire Station #4, 180 N. Lower Sacramento Road, to Tony Coyne, Inc. ($1,628,369); and appropriate funds for the project" City Engineer Sandelin reported that eight bids were received for Fire Station #4 and two were disqualified. There were two alternate items, each of which staff expected a deduction from the contract bid. The first alternate dealt with concrete finishes; however, they did not get a deduction and consequently staff is not recommending that Council approve the item as included in the bid. The second alternate was to delete some architectural features on the building. The deduction was not substantial enough in size that staff felt it was appropriate to remove those architectural features. By not approving alternates one or two in the bid, staff recommends that Council accept the base bid of $1.28 million for Fire Station #4. Mayor Pro Tempore Pennino pointed out that Council has not yet seen renderings of the Fire Station. RECESS At 8:33 p.m., Mayor Nakanishi called for a recess and the City Council meeting reconvened at 8:40 p.m. 6 20 Page 41 of 76 Continued March 7,2001 REGULAR CALENDAR (Continued) H-2 A model of Fire Station #4 was displayed for Council and described by a Fire (Contd.) Department representative. MOTION / VOTE_ The City Council, on motion of Council Member Land, Howard second, unanimously adopted Resolution No. 2001-61 awarding the contract for Fire Station #4, 180 N. Lower Sacramento Road, to Tony Coyne Inc., of Lodi, in the amount of $1,628,369; and appropriated funds in accordance with staff recommendation. Council Member Hitchcock noted that the staff report indicates that there were insufficient impact fees for the structure. In reply to questions by Council Member Hitchcock, City Manager Flynn reported that in total there were sufficient impact fees to pay for the structure; however, the cash balance in the one particular account was only $144,000. He suspected the discrepancy was due to allocation. E-6 "Authorize the City Manager to execute a professional services agreement with SNG & Associates, Inc., to provide professional staff support services for the Development Services Section of the Public Works Department" Council Member Hitchcock questioned whether there is an ongoing need for personnel that is being filled by contract services. City Manager Flynn replied that the Department is experiencing extraordinary growth right now in terms of development, but he anticipates it will eventually slow down. City Engineer Sandelin explained that SNG & Associates will be preparing agreements for two specific development projects. MOTION 1 VOTE: The City Council, on motion of Mayor Pro Tempore Pennino, Hitchcock second, unanimously authorized the City Manager to execute a professional services agreement with SNG & Associates Inc, to provide professional staff support services for the Development Services Section of the Public Works Department on an as -needed basis. E-11 "Authorize an increase of $3,000 to Council Member Hitchcock's Travel and Business [-xpense account from the contingency fund for the purpose of representing the City on various commissions, statrr policy end national committes:s" In reply to Council Member Howard, Ms. Hitchcock reported that at the last League of California Cities Environmental Quality Committee meeting she was the only member that spoke up to support municipal utilities. The result of that meeting was that a policy was adopted which stated that the League would not support any legislation that was harmful to cities that had municipal utilities. Also, she consulted Electric Utility Director Vallow as to the effectiveness of serving as an alternate member to the Northern California Power Agency (NCPA) at the national level. He assured her that it would be beneficial to attend the meetings and remain knowledgeable about impacts of potential legislation. Mayor Pro Tempore Pennino supported Ms. Hitchcock's request and encouraged all Council Members to get involved with the League at the local or national level. Council Member Land agreed that it takes a great deal of time and money to attend meetings and serve on committees. He noted that he has served on the League of California Cities and currently serves on the San Joaquin County Housing Authority, Sail Joaquin County Parks and Recreation Commission, Local Area Formation Commission, and NCPA. 7 Page 42 of 76 Lodi Municipal Code 15.64.030 Development impact funds. A. The city finance director shall create in the city treasury the following special interestbearing trust funds into which all amounts collected under this chapter shall be deposited: 1. Water facilities; 2. Sewer facilities: a. General sewer facilities, b. Kettleman Lane lift station, c. Harney Lane lift station, d. Cluff Avenue lift station, 3. Storm drainage facilities; 4. Street improvements; 5. Police facilities; 6. Fire facilities; 7. Parks and recreation facilities; 8. General city facilities and program administration. B. The fees shall be expended solely to pay the costs of facilities (including interest on interfund loans) or to reimburse developers entitled to reimbursement under this chapter. The funds for the categories listed above shall be kept separate. For purposes of this chapter, they are referred to in aggregate as the "development impact fee fund." C. The city manager shall have the authority to make loans among the development impact fee funds to assure adequate cash flow. Interest charged on each loan shall be the same as the rate earned on other city funds. (Ord. 1518 § 1 (part), 1991). Page 22 Mike Lusk Note: AB 66013 from pages 23 and 24. AB 66013. (d) For a fund established pursuant to subdivision (c), a Local agency shall make available to the public, within 180 days after The last day of each fiscal year, the following information for that fiscal year: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following: (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended That was completed during that fiscal year. (C) Each public improvement that is anticipated to be Undertaken in the following fiscal year. (5) A description of each interfund transfer or loan made from the capital facilities fund. The information provided, in the case of an interfund transfer, shall identify the public improvements on Page 43 of 76 which the transferred moneys are, or will be, expended. The information, in the case of an interfund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. (e) The information required pursuant to subdivision (d) may Be included in the local agency's annual financial report. (f) The provisions of subdivisions (c) and (d) shall not apply to any of the following: (1) Moneys received to construct public facilities pursuant to a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Section 66003. (2) Charges that are used to pay existing debt service or Which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. (3) Charges collected on or before December 31, 1998. Mike Lusk Note: Excerpt from page 49. CITY OF LODI Notes to Basic Financial Statements (continued) June 30, 2003 (4) INTERFUND RECEIVABLES/PAYABLES Interfund receivables and payables are as follows at June 30, 2003 Receivable Fund Payable Fund Amount General Capital Outlay Reserve Capital Outlay Reserve Other governmental Other governmental Other governmental Other governmental General Electric Capital Outlay Reserve Wastewater Nonmajor fund - Transit Wastewater Other governmental Water Nonmajor fund - Tjanslt Water Capital Outlay Reserve Water Other governmental 229,120 783,291 582,331 1,345,418 2,050,000 1,779,307 42,774 889,655 1,396,764 23,705 $ 9,102,363 'Due to" and 'due from' balances are recorded primarily when funds overdraw their share of pooled cash or when there are short-term loans between funds The $582,331 and the $1,345,416 represent cash deficits In the governmental funds. The $1,779,307 and the $889,655 represent the cash deficit In t he Transit Fund. The $229,120 from the General Fund to the Capital Outlay Reserve Fund Is a loan for the start up costs of a redevelopment agency. The $763,291 from the Capital Outlay Reserve to the Other governmental is a loan primarily for capital street expansion The $2,050,00D from the Electric Fund to the Capital Outlay Reserve Fund represents loan for capital Improvements. The $1,396,764 in the Water Fund is primarily the loan Incurred for the construction of Fire Station #4 40 Page 44 of 76 COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Approving the Final Development Impact Mitigation Fee Program Annual Report Fiscal Year 2001/2002 MEETING DATE: April 16, 2003 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving the Development Impact Mitigation Fee (IMF) Program Annual Report Fiscal Year 2001/2002. BACKGROUND INFORMATION: The City Council reviewed and made comments regarding the IMF Annual Report Fiscal Year 2001/2002 at the December 18, 2002, meeting. The Annual Report has been available for public review and comment since that meeting There have been no comments received from the public regarding this report. At the December 18, 2002, meeting, City Council requested that a Revenue Summary be provided for the program from inception through the end of Fiscal Year 2001/2002. Exhibit D presents the summary of fee and interest revenue for each impact fee fund. Staff will be starting preparation of a new impact fee program that will define projects required to serve new development, refine project delivery and construction cost forecasts, and revisit development density and intensity assumptions. This work will proceed in concert with the preparation of the Housing Element that is scheduled for completion in December 2003. We anticipate bringing the new fee program to the City Council toward the end of Fiscal Year 2003/2004. FUNDING: Not applicable. Richard C. Primmer. Public Works Director Prepared by F. Wally Sandelin, City Engineer RCP/FWS/pmf Attachment cc: City Attorney APPROVED: CAnnualReport2001_2002 04103/03 Page 45 of 76 BNOr Pg14.0 tate[ k sociA7e I'7ArllfYsf�1 • S4btotaliiU pUnditlros fain Resornani 3005cood wl4pan Ending fund EmVncoto_ D59g$,24 2.590,/1,.51 EXHIBIT A 'IMPACT MITIGATION FEE PROGRAM FY 2MV62 /I!2 Annual Raped astowaima7, Yra1/4ee17 Starr. PYhl sOomo•L9ol taiora Lglona.: 173 102 32S Py,C'9 ✓L �r d r<c� In cl FatRa,e G5! -, Fa '1215 :21r ;,a 7 $S+S: 7.1.u31 S:t s55 S4bg9• S7 Sar3593306• 5$.480 134":3:..' y .W�.ar s:� 5ei;es 7.313.21 20.e484 _+....:?I' .. - :74T.g51: .::5 .;',:,..;.):1!,:-.7n .426,`.0 iii ,Yd.T; ...3K971132, 1,032,E2:.2+1; 9081674.1 c 3.54,:2.': 256.889.• 9M97.0f_-•.41.5.57: ]SBSe3,261 267.5'!84.;... s7,6Ci .4! '. 4;; .• 749•1.: 2:4 is 21,010935 n7,4j6.1E: 38,41374 ti a5? 4:: •.ilC.i9C,8811 494.460,107 .4 727,1200 374,601.1 �......_. I... �__�. .. i .. .1........-....._-_..�. �G t�7.:+' ITJ.'7',?-:[ 57.231.715 396.661.94. .314;13 1.351_ ]�.�i5 32,7>5. 2j7,11T.00; '356 637.00i i16,372ry1� ,..,.457�Sa� .1215..5.2P..7.1 +J95aiB97� 14,682.00 4-.•3.3&" 3.17 gQ; zi ll. : . 31iJ, 0...1.4-4 mg_•T, PR1i4! _le sox 39. '87'.34,60 431,mo° TT4S9x9p 64y758p_ - 3,300.00 1.213y79-77` 9A4726.00. 19,662,00 la9eal -1 fi7i 904? HTA26',89 --- ,yzzg7 _.5.4992$1.$2 1.039.56!.72 L.5,R$,523 N .3//95610 rs] Fool 5:006 aro {ner gFvfor ono Raz4anlal:on Egulvileitl !RAE]_ W. 'OW uta . 1 ... ... _. .. . .. ... Pro3enb a tl(flermq tlWn00d for sen;cay Ilal4pre Wieder: a R4 ad(rsc415en[ [ms { l Tot !d!n@?i 5searrr+ ort nee wprl[pM4! lR 'haft available for us* on whee, pyitolo^ •- •� &na5se ae IMF-pmjech'aro c plldce . tarape gre akeei and it nn dr�i Iia , plo puw_hppmce sbavm do uie•nwrd� Ota 6olarteq ulctaeafe>� p, ond_ecei nol rdled M>Ik ara8Bh11 'GUsoon C_lr0:31Bf7VMa965Q 7011n%yi7li0 oi.ihe C?eativtNave ClaslFt5r.mFund him by!Pow. ......., W1 GW7. a" ialFepuresWu.naeerla:d»anSkrlNoW. {5).Fry&!g Lull Oaloom roans a War. 7! 55.6.1],&76 ma".0Y, Welor Frak to FaR Fi5.3 YM a loan o} 5627.600 100roandbjSoot.*RegionaltolAua3.5*Kfond. ._.. l ; NM SWdn pn7n TemnuolarlO P30ersd ariZtrd'sf@I ieciorS26:W1 is -o_wn Crain ritddl Faunal]IW1va0 ae a reduellon trusWrWC w35 . 1_ Dev5erllmpactFees44F2001_02Svm ary 3/25103 V L fb�Tllx 7 EXIIIBIT 6 IMPACT MITIGATION FEE PROGRAM SUMMARY OF PUE3LEC IMPROVEMENT PRDJFCT EXPEND) TURES FY 2901)42 WI0.4441e42] We14r71 61P4410.4..• 51, ec:• 4all S11rrn. III or, II Folo1a •! • -.114.3. Roc .r,.r 1.]1.1411,.. A4 MPP 103 .112 521 711 717 1217 2P. 1714 014 4414 139119 Orn ImPr4rama111 30;133 27.!70 224.003 7$,'lf5 iATtiirxkip 2.911) Utlrt2e YI40N Min CY54I1,34 161E61: pr. omircri 9440 174491. 14.42. lea' p6 F1,44144,5 24 44i. 8ie L4xp 01.6rcrn1M0.4700 7;4111.14y 15444,10!ra 4. F2 Wnflldr M4:44 rorty Gif ri1 Hy4y1tl47 SW/ Rand! i11p4e 51a71 Orao 1041 Oo* 941:9110.2 f5•C.MuryRiain Luo' Fern Yra* flunxxrA 4941tirley!$41451CP 4278453 LnOAF4 SI VA:1er11m C.riwry fHM 241.:1142 LSH E;yvinlon .. 1-sa�sauln 11514414214 G.I504,Wa Fee $1Mg11 R.i pyypn 9340.544i65-14 Lbnstrucu44 OrO.MdMe Ska41 mwr L W i 4 aaa Bis.jPad II.412a1sn Park 1ngy 1p1'Pa1Si LMi0,I TI 1 Pan Pe. Plop- in/0444451423 211E Lod134.0 110,41i421111, F,ngneervlp Coss. Tinnnler 041/..] ropy 4_441; JO 917 ua„ kOprtymnrq 1;5,14'. 640 HIE)! 50' 12271i 1v.042! 1049. 377,49, 15` 10,303 1' 5.9512$ ra ,•44 3a 1.38874; 74 RI. 141,4' 25.4.4.1 273,050' 1 P.e0d� 5435 75.1.14' 84150 95.44,7i .3.170 1.744 t07SW 9.4% &5T0 T705 S.024 Toldt 35.000: 2x7,0]' .21,781 717.304• 450,144 •7.174 1,215537'. 549.474 59,962 oev54il1mpactFeasIsummary expentlitutes0l 02XL Page 47 of 76 3/25103 ao co cooO V 01 EXHIBIT C History of Expenditures of the Impact Mitigation Fee Funds 11/4/1991 — 6/30/2002 F kr... Nv.3r 1.1111.1...314Fr • 173 Fund 01. Cri 00-01 90.04 913.91 97-96 6-97 95-99 0.1415 93.01 11.9.1 91.91 1,01 [1,11 Al, trr..7,0,1,,,,,I 1) 0,3 ,r] 3 11 0 .11 393 52 90.V. --4V i.C.OrDUld V 2.%.,,.. I, 171 7 1.119111K1.1I11713410'.9211 111.171, 0131 7 'k 1d.7.5,1.149 Lilt :11.11.2' 5/7.edtpl 5.0...X..a • er.dInn,..In i one ,rti "Aaiun72.3,009 1.04113: . :,...1..c.11,1 • rtYV fdenic,q 71111' rci,' rrnivu. E.vd:r41,1,,,.... .37.,253 O. 0, 273.000 129.500 9 00.314 9 47.1.007. Op/J.141nd TOustOrt 4.115 'IN!, GI 3.5,1 TOldl 34.9911 n 0 0, . .27.3.000: 1. 5.0.11115j 90 944 4731.45.2 11119, Inirndursod nx 4514.010 turn dqu-nnpdrs DevSedImp49IFees.111,1FExpendilures 3175673 Page 49 of 76 1 aa!'tna,x Wl59r-182 Fund 6!401 •L19.01 99-00 98.99 97-08 45-87 488.9ii 9448 99-94 52-93 81.42 ' Total Ovaxue Wging Main Crossings ! !483 26117' . 5,642 11101 18,354; 37.146• 9,858: 16,500- 12,199 3,224: 15407 S77,640 Moa Milo Ct5s%inps 11.331 4.371 P 1aiar116Wy Wd1 17e69n 20444 11.898 10257 116 14,826 11,783 019 73,8157 145,084 LoO. WO-s187vpigate Mauls 5.960 6,et5 Wd125 84 I 0101 _ 092 22.293 202541 29,3601 ' 324,926 1:1pa1tr Pis, ifi'ua?Wgx1Y 137.515 82,510 Yl229 93742 147.9751 • 7487 1,410 241.5941 I .ISC Sale E.7/Pnnsal Pianny3 - 1.000' 5,80 Alas Ewa wnler Male, •J.5031 .18,8231 1,350' . 77.055 Wag 27 13.832 33 12,85,1 te: 'g110v.v ruu, Carla - - 232939: - i - + 23,508 O 6pd Ave 1651946n1M,11 25,8:0. - 1 25.850 1.4 ay 1Z,Ke81 n IMe11 9o11p0 18.109 16.449 LmwN S;ic+xrnnnIn FM 77,818: 77.819 110-n Mallon 84 Well Slle 164096 109.1144 lour nniiont Expanaiuxg6 +757.116; 268,344! 71.593• 68.887. 18,468; 38.038! . 5064! 302,544; 103,8441 44.942 19807' },211,9213 O 501011119 Sran}alf Eng nearing Cnyr. 179 35.172 38,311 7rani166 for poi! 0' pelts 80,817` l 6.033 4,883 4 I. 42,173 Sana Talal 281.93+' 309,346- . 71,553i 49,8213 18.409' . .51.038. 50.564 343:738' 165.6117; 15:7.32. 19.697 1.2E2,302 DevS erllmpacIFeesll MFExpendilures Page 50 of 76 3(25103 STpRw611AW'•.171 i.14.2 Wim. }FW Lan d91.A0,orii0 Mai 1 99.O9Df Amp 27,3,899! 23,3,695! Ng1Wl www ro.. lo.esa! rui7' 6t1w 9rt5E.tiAli9n 1:4.! ▪ IIe9„ •" ..1.7x1.477' okAior t tope eWMrw ,....4 naegn NBA ?..vi Psl Fi9F. nxsexms.i 5•+.•r.w oarxw 6...4411"1.x5914: aoamm1vnr. 99rwi [Lr iRslrw 146.a 4,:r nvr 06,.9.19• 6164.. trim:. a 9otl.nxa ym.Gx71x`1' 71751 .as Y:anliaxs..lt S.1,ii6 ry{y p,-xl El:ena..a. 5yc r.,� 14;•9.:130' .nn11 rr1 n+.. .4ibl iriC.44 171,.1 .1.55$ •55R]n 1. Sri Y. term. pp.raNnp Tr11ny[7 Fq .a ,1 tSiS ' Y [.L 190..91 112,996 .. "Ii 21101.1 14.11,1 .0.919 .10,041 S am 5Iq.f4...91S 308.4%,l • u1.1F1. • .091191 •11.1+1 •• 1 . , r1rr /9 ...501' 749,4097 311391 30.511 •.95FM, .11*i 5,541.1111 rill9 lsA51� � NS' •97-99 ,9474 .9S9B '94.95 :9391 :97-93 .9f-03 !T961 12 SII M •+19 93,H9' 991'' 0,500 ]37.921 119 .9w 0• 1115 u7 /7,969 4.1.40; I rH551/ 53]►9v Iraee1 1.1.991j.. 5411.9! 14,321... 19119 OS /. 275/.9 16135i' 12.112 1.991 557,. r7 M Mil, 1,1.11' .511111 344,014 1, 34-9, • I' 01 307.597 4 lar; 54,117 Si 115 1154: .31131 1 '13ff 7113 I 1.3.1.0819F ! 4.k 1.[111 I� • 7•%N 11.812 1,507 6[490 SIAM: 411e931 1,991,911! 1 111a43p, ryyyi: 1991"959i J 500"5911 :0].135 1L31HI Odl awl f96pM' 71p53'0.H' 1,ni1 9w5M>b0iO'lliS•PM1Ltt 012503 Page 51 of 76 Pk:..11,1 ft 349 hole 101-02 44621 }191: ,;9&99 9. -se ` 1414 ,05,96 94.45 9YX ,92.93 11-92 :1058 ,149,11.11<.eaf111i 5.79. 115,314 69 70100 91.17020, 209.11114 1.415e 6y0b •, 3111• 41151 C..WIe NA nAx..1 ,.:7/v ,9409, 7101.4'1 !1.94:97 -uilre 540 ,4.1109152.91 ,x91 e, 2101. T. 9:.YMetipWS54 •0141a0 71901 t. !25,11111 14. txmy.,..01061ry• - - 4151.44 ;p.,..!.3...3.... .4}0556 aa• 1;13..'0.0 - 1.,A.00:lns'4, -.J. sn ri Sne1R „OU:!'Sp{l •91.3•01,11.1 : 11-4.1111- _ 02r 4111 •' u+!n191.90..44. 4196 4:e: 50.3539..1149.e•.e.•01 .,0+•42• TI,TlS 11 ;44 1117501 IGS12 }1• ;-9'23+.5,1 1WIre.y3�.f1W,. .4.11 r •I 1..110]?. 1 11214 at [4e1u-40!110!'-`.l ?i t0,�taaG11 .! »o coF I..+ia.uu 13.72eyi4611113.- 1 ,cici ;v�� of,17+t' 6f.1b.4vs1>r 5,^.1 r0 111 •.' 7.14.41 111)14771 111741 0 .1 2:14.1.5442" +{lV i{ II 2'09.019 l'.l_av,4 0,911411 073.9.4.1.7 o • 1 asj7,55 1. 45:r.11r1asyl 37.004601-I! - � .241 4, I. 121:411!_: 04-91 Wn 0'441x+4 1'514 {m R•n+ 13 31,5444:41 LSA Y..wdnrnlnl. V!#12.411 23 'a -C--. yji r 1 V!# 101 'WY 1.409 fia....y -.114.11 ' 7•91 14X9131 ii'e,sti 1.--094. W4.1r .1.1.• .,1, .1 70092 16-I.I+.e.0 x ..1:.'1,141 .1.3' _ _72111.6-5 f0 . 3n a Fa4.'9.;/304 1 110.17 1/rs0421a+.'m47 v! ^2 2 44.11 ' 19,4461 I 17rfl 4.11 r ea...n 144:0 ' 21.1 I 1432}041111{..p.>7,.9f :1,0112.,1 ]A6Ca194I II 411}1!'13Sf•.413.9! 1511431 40400•.404401,9„91,,1 1 9w'1411,4 C.6... W13,1.11957 391914.4 11.1.4.10 ' 31,01].90 37.974,44 1. 1679601 8,113 3.1. OF t14. 414111,..4l *'1W 064141'406114 01,1116740.411140 15.4490; 41.01'710 29,954,49' 11.111149 2,1-04,57 Gn.ne f91>A1rt4A0lf 14124373 11.4011177141,110142: 31521510 *1124 d 17 4,49' 1/8.2)12{'11110211 144111'7.911,104-7-417.1741 '9131.,0.0. 4ar.m{dka' ',024090. - •• 1 . '140.. VW 7r.n111+iuse011 Or 647n1310 541 744Slil� • i1 Ii ...r .. • { 171.1 17,901 >s i s• dre 2}-.02,142 431 10.29,1 i 19.11040' 1.931,. Cle.b217134ftnillrEtp19e12.. Page 52 of 76 -CO .98-99 Stretils • R•eglorra! 332 Fund 01-02;60•At 99 Fiscal Years '97-98 .•96-97 95-96 :94.95 93.94 92.93 :81-92 !TOW_.._ MiscRegianal SI4mproveMenis 3,987.08:3 ; : 92,601.89• ; 95274.24; LSR` • Ecpai.. 377.395.7 8 an_.... 4-0.1%12a4.ao0.0U € LSfi ;Soiifi}.... .-.:..-. 16.303:27- .. ..,_ ._ ... X9911 Z ir;terp�ar�s. i8 K 1tten rilfd9is 19:.482.93 377.595-18 -254.0061-015 70,30327 r c: ... ..• 1433,284.10 €300,585:x4.' 3.974.48.' 743 843.92 . , . - } }i - - .. .... ..1-- ....i._.. 2.030.60 f 96.494.851. r : f 98,624.85 i.--. € '',1 [9402.48 6.565.54_ • 113,288.02 5.957 -tea 0; 1495,681.r�4;. 49.248_72 i109.822 4ei 8.655.561 1,854.99522 9.060 42 9.412_98! 12,87624'• MltMlOiflel4ernan Gay Closure 5.957.05 'rola! F*rO)4ci ExperKitt iss 453.956. o` 3,80700' 889,314 PiaeratinCiyansfer.a,. parpneering CAatc Transfers forpaat pnljecrs 88.472.79 Transfers out • 27,247.51 'Loan Rspa eneent € 103.564.00 103.564.90 '.103.654_03: i Grand Tota 653.139.80, 3,907.00€ 1889,314.19 495,687.98:• €198.309.14' 1116,035.46 19.541-78' _ .. 'Money suss aafnamed from Measure K on a 1 l... _. .- �. - 1 ..... ....... .. i OJyar+r [gpaymw_n! SChE.7i;lg. � i 31.349.8. 68.472.79 27247.51 310,892.08 2,292.7557.11 DevSer/ImpactF.eesilMFExpendi ores 3125403 Kiypq Years !'DEICE- 1210 Fund .63-02 51 _! 9060 90d39 97-99 90-97 ;95.96 94.90 90.11 92.31 0:-313 1o90 PC. Pleasant & Elm 3.:..] 02:1690. Basemen! 101.569: 3.990 509.5$0 13011 Afaalzr Plan 19.074. 513.074 ff City HS. EKyinyy07i4mpvpf 45.5:2: 12449C' i 176.214 Remit' Srn[em 26.040' 26•Us0 FVl.ry vehicle 024225.00•!' 1415531 Taal Prulecl Expenditures ?.30.0 0 U 0 230,069. 122.5.18 5 .2.12 51.030 0 0' A3b,632 dperiWly 134911031 '•7.373900 — 3,390.931 Entorwlilny Ca15 13;2 5 757 5,0-15 674314 T4141' 3.309.00' . 3.390 112: 214E43: 132,430 -8..521 514110' I I 41 rA21 pev5crienpactF eeset3FExpendilures ;/25101 Page 54 of 76 F11N1 Yuma flro. 1x16 Fund 01-0 00.91 94•9n "9997 97.89 '0941 05.06 45.9h 0391 54.93 '91.97 Tpla1 Fire 5lneinn P4 °nelpn 27I3.96 lie ;.81. 4i 19,314 d9 139-018.65 .F8S!i01.r Y4 crumi L On :. 19+i. 715 74 1¢3.1710 [: 1 jY1ri.61&.1:11 r'Sli Masser Plan 4.3.135+1. ! 21243-15 57-50:.71 YrWxls4v Fern 51n11on 872 G2 572 a... Leese Pryennnl on.ann1 App 91,990.00; _81.1 ,(i -rola P7yncl Exynnda nen 1,215,521U( 712.034.92. 16.37,.54 • 0.00_ 9.302 S0: 71,2P1 1S 0.901 91.7,8; '1.,.0.41.4.12 hi Oiwrs1ing Treilxlen 171 74 532 82 1,978.74: 1 7.993-8. Gomel Taim 1,115,4?$ 77. 742,654 Ur • 14,37,,99" 3 480 30: 71,4,73 47 1,91$ 14 677.52 7,R'1-116-42 7evSerllmpaclFees/I MFEapendilures Page 55 of 76 3/25/53 PARIGSB.RECREATtON !01-08 •• 30-01 799-00 •98-99 I1 r+0d9141 Stroeurnpr 37,1e* _ •- - - - 4.0!; 4iiodeia'..6. #'!`• 505.753_ LCdk Lake Bske/F'ed 25.5341 72,259. ' I 1 k-ataklan Park Nrorave: 27tsat,', - 229.587' ' 8ridgetawrie Perk Ptadlase' 1217311 -, 314,915 ' 58,137' 8rid95�tzwne St.tir*we rix 24.437 Ylest> a Mateo Kee 4 - ......58,936; -.. . ... . .... ... . Thayer Paik • • 6,8951 27.271 SU re5.11 i.ocW PrOpary Appialsar 3•1kij' MESS. Faystturseme,RApreeme+ll Roper Pant. besgn ,10,304 7.439 !]arae Pais Aelt.431 ise Pari Strae: •. • 2,ess 97,98 12.3751 61 j 5sc l•YBars 99-97 X95-95 185.183; .. .. .;. iP'eiersor9 WeseVe Pers. She tirtervrsmtnis --... { • • 740{r „657 pesecson t w L... _ T - .....-L[.. I` MVO s --•23:095a .- . Petersen Park Fieshaeres 1 1. 737.567 ..� 1Y1i+C Sturm Frain �{... .. .. _ ...:��..., 4 . �.. y 111 ' ^.-r .... .. .. .. Fot_._ ._._ :94-35 �,33-94 :92-93 .31-92 Notal _1 .509,7Fi9 97.803 57%267 F 494,903 • 16.938 219.348 10.000 .. 703.423 7,439 } } 111,553 2.838 7 ---J - '- •. _ •_ 12:103 r442.215 737.567 :._ -224 . '3900 3001 - j 30k7 L9.826 t 49,8 548] 7.6071 49,826' 13,185.137 Nitph50Iticod Park Sites .. _ Indppr l-0ppP7 Fet�ly , PPd•RMSt3ar.P9en • - 1 1 Total Prated En -le -eh -tures ! 395478; 1.300,8851 I 533.05{}! 61,6621 199.179! i 727.489 4.124 Tole! s -14 PYF.'an.5[4rSerPetarAnPaik 4._- 1;748 t'--- - +1-^•—• -!-{ - --- RBs- No.2000 44 10 OF - J... (-- . --- . 1.006,95_8. Emunetrircsi toeisto_GP .• L. •. Adiusrrrwent __-- ' Creel: givca for eurhese of Srrdgctowne Park not shown es 4xoErSe 1. LI E29• 43878: 19,885: 82308. 241: 8,633: 17,565'. ..i 784,361 3,746 ' 1,0OPn958 590,711 151,354 Grand To333.26 1, j.G0,ees!!.5.10,768': 128.291 240,057 • 909 725: 55.433' 549 7.397 57.391 9 4,517.815 13evSer/ImpactFeesfIMFExpenditures 3/25103- =na, VOerl G ElIpRAL•ALRJTIES 'Or -o2 0[1.01 aa•da 98.99 =91.% :96$7 :9}90 .19.97 9734 D247 91AT 'Nita! Fea NOL7orn y/yldtoraq SLSS -. - 5o i 71761oF elyd 4566 .SS -1 s61.M D IM FeF. lipdalq FrG. 33 G'1i i!j/rj 8¢,34'2 l-ny Hid Mulodal 689.000 618.'''' Falx{ Prp30ci t,y1Kg1ay,9s 54,660' ' 10.1t si 34.4163 Opo.alinp T,-arnfer1 r Cay 1,0•2Nomad l lies Iltl%. No I06J49. 1,000,000 G J F l Nall SIW1 Erv}wvrinyPreprum Mme . I Diu ProLYislrry Sottr+m91 6,90A, I Pmmratun b tkn Plan t OF <Nand roial] :x.5621 i 186.117, i 1.094.68.0: 3a7p55i 894,7021 0 0 9'169:9 1.000.906 .66.1.07 10931 75.536 *pi 178,95.1 9Fip95 1120! 12,9)2 15.535. 30,076 7.480.777 0ev Ser0mpactFeasJIMFExpendnures Page 57 of 76 3.25,03 tial ,+i. Mm1.1.1a15� ........5., 1/1328• .14 . 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NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Development Impact Mitigation Fee Program Annual Report for Fiscal Year 2001-02. Dated: April 16, 2003 I hereby certify that Resolution No. 2003-67 was passed and adopted by the Lodi City Council in a regular meeting held April 16, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2003-67 Page 59 of 76 CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM 1.4 AGENDA TITLE: Receive the Impact Mitigation Fee Program Annual Report for Fiscal Year 200212003 MEETING DATE: June 16, 2004 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council receive the Impact Mitigation Fee Program Annual Report for Fiscal Year 2002/2003. BACKGROUND INFORMATION: The City Council adopted the "Final Report, City of Lodi Development Impact Fee Study," prepared by Nolte and Associates and Angus McDonald Associates in 1991, as well as the "Development Impact Fee Update Study," prepared by Harris & Associates. These actions established and updated the City's Development Impact Fee program. Staff has prepared the following exhibits for: Exhibit A — A summary of the current and past fees, beginning and ending balances for each fee account, total fees collected, interest earned, and total expenditures from each account for FY 2002/2003. Exhibit B — A summary by account of public improvement projects on which fees were expended during FY 2002/2003. Per State Law this information needs to be available to the public at least 15 days prior to review by the City Council. This information will be brought back to the Council for review in July 2004. FUNDING: None required. Prepared by Rebecca Areida, Management Analyst RCP/R/Vpmf Attachments cc: Wally Sandelin, City Engineer APPROVED: CIMFAnnualReport. doc W‘a C3 Richard C. Prima, Jr. Public Works Director ixon lynn, City Manager Page 60 of 76 snr2oo4 State of California GOVERNMENT CODE Section 66000 66000. As used in this chapter, the following terms have the following meanings: (a) "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. (b) "Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477, fees for processing applications for governmental regulatory actions or approvals, fees collected underdevelopment agreements adopted pursuant to Article 2.5 (commencing with Section65864) of Chapter 4, or fees collected pursuant to agreements with redevelopment agencies that provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section33000) of Division 24 of the Health and Safety Code). (c) "Local agency" means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state. (d) "Public facilities" includes public improvements, public services, and community amenities. (Amended by Stats. 2006, Ch. 538, Sec. 319. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66000.5 66000.5. (a) This chapter, Chapter 6 (commencing with Section 66010), Chapter 7(commencing with Section 66012), Chapter 8 (commencing with Section 66016),and Chapter 9 (commencing with Section 66020) shall be known and may be cited as the Mitigation Fee Act. (b) Any action brought in the superior court relating to the Mitigation Fee Act maybe subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030). (Amended by Stats. 2010, Ch. 699, Sec. 23. (SB 894) Effective January 1, 2011.) State of California GOVERNMENT CODE Section 66001 66001. (a) In any action establishing, increasing, or imposing a fee as a condition of approval of a development project by a local agency, the local agency shall do all of the following: (1) Identify the purpose of the fee. (2) Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified. That identification may, but need not, be made by reference to a capital improvement plan as specified in Section 65403 or 66002, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged. (3) Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. (4) Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. (b) In any action imposing a fee as a condition of approval of a development project by a local agency, the local agency shall determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed. (c) Upon receipt of a fee subject to this section, the local agency shall deposit, invest, account for, and expend the fees pursuant to Section 66006. Page 61 of 76 (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. (2) When findings are required by this subdivision, they shall be made in connection with the public information required by subdivision (b) of Section 66006. The findings required by this subdivision need only be made for moneys in possession of the local agency, and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date. If the fmdings are not made as required by this subdivision, the local agency shall refund the moneys in the account or fund as provided in subdivision (e). (e) Except as provided in subdivision (f), when sufficient funds have been collected, as determined pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 66006, to complete financing on incomplete public improvements identified in paragraph (2) of subdivision (a), and the public improvements remain incomplete, the local agency shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the construction of the public improvement will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the fee, and any interest accrued thereon. By means consistent with the intent of this section, a local agency may refund the unexpended revenues by direct payment, by providing a temporary suspension of fees, or by any other reasonable means. The determination by the governing body of the local agency of the means by which those revenues are to be refunded is a legislative act. (f) If the administrative costs of refunding unexpended revenues pursuant to subdivision (e) exceed the amount to be refunded, the local agency, after a public hearing, notice of which has been published pursuant to Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which fees are collected subject to this chapter and which serves the project on which the fee was originally imposed. (g) A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan. (Amended by Stats. 2006, Ch. 194, Sec. 1. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66002 66002. (a) Any local agency which levies a fee subject to Section 66001 may adopta capital improvement plan, which shall indicate the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be fmanced with the fees. (b) The capital improvement plan shall be adopted by, and shall be annually updated by, a resolution of the governing body of the local agency adopted at a noticed public hearing. Notice of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement plan. This notice shall be given no later than the date the local agency notices the public hearing pursuant to Section 65090. The information in the notice shall be not less than the information contained in the notice of public hearing and shall be given by first-class mail or personal delivery. (c) "Facility" or "improvement," as used in this section, means any of the following: (1) Public buildings, including schools and related facilities; provided that school facilities shall not be included if Senate Bill 97 of the 1987-88 Regular Session is enacted and becomes effective on or before January 1, 1988. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. Page 62 of 76 (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including but not limited to streets and supporting improvements, roads, overpasses, bridges, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. (8) Any other capital project identified in the capital facilities plan adopted pursuant to Section 66002. (Added by Stats. 1987, Ch. 927, Sec. 1. Operative January 1, 1989, by Section 66003.) State of California GOVERNMENT CODE Section 66003 66003. Sections 66001 and 66002 do not apply to a fee imposed pursuant to a reimbursement agreement by and between a local agency and a property owner or developer for that portion of the cost of a public facility paid by the property owner or developer which exceeds the need for the public facility attributable to and reasonably related to the development. This chapter shall become operative on Januaryl, 1989. (Amended by Stats. 1989, Ch. 170, Sec. 2.) State of California GOVERNMENT CODE Section 66004 66004. The establishment or increase of any fee pursuant to this chapter shall be subject to the requirements of Section 66018. (Amended by Stats. 1990, Ch. 1572, Sec. 15.) State of California GOVERNMENT CODE Section 66005 66005. (a) When a local agency imposes any fee or exaction as a condition of approval of a proposed development, as defined by Section 65927, or development project, those fees or exactions shall not exceed the estimated reasonable cost of providing the service or facility for which the fee or exaction is imposed. (b) This section does not apply to fees or monetary exactions expressly authorized to be imposed under Sections 66475.1 and 66477. (c) It is the intent of the Legislature in adding this section to codify existing constitutional and decisional law with respect to the imposition of development fees and monetary exactions on developments by local agencies. This section is declaratory of existing law and shall not be construed or interpreted as creating new law or as modifying or changing existing law. (Added by renumbering Section 65959 by Stats. 1988, Ch. 418, Sec. 6.) State of California GOVERNMENT CODE Section 66005.1 66005.1. (a) When a local agency imposes a fee on a housing development pursuant to Section 66001 for the purpose of mitigating vehicular traffic impacts, if that housing development satisfies all of the following characteristics, the fee, or the portion there of relating to vehicular traffic impacts, shall be set at a rate that reflects a lower rate of automobile trip generation associated with such housing developments in comparison with housing developments without these characteristics, unless the local agency adopts findings after a public hearing establishing that the housing development, even with these characteristics, would not generate fewer automobile trips than a housing development without those characteristics: Page 63 of 76 (1) The housing development is located within one-half mile of a transit station and there is direct access between the housing development and the transit station along a barrier -free walkable pathway not exceeding one-half mile in length. (2) Convenience retail uses, including a store that sells food, are located within one-half mile of the housing development. (3) The housing development provides either the minimum number of parking spaces required by the local ordinance, or no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less. (b) If a housing development does not satisfy the characteristics in subdivision (a),the local agency may charge a fee that is proportional to the estimated rate of automobile trip generation associated with the housing development. (c) As used in this section, "housing development" means a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floors pace is for residential use. (d) For the purposes of this section, "transit station" has the meaning set forth in paragraph (4) of subdivision (b) of Section 65460.1. "Transit station" includes planned transit stations otherwise meeting this defmition whose construction is programmed to be completed prior to the scheduled completion and occupancy of the housing development. (e) This section shall become operative on January 1, 2011. (Repealed (in Sec. 2) and added by Stats. 2008, Ch. 692, Sec. 3. Effective January 1, 2009. Section operative January 1, 2011, by its own provisions.) State of California GOVERNMENT CODE Section 66006 66006. (a) If a local agency requires the payment of a fee specified in subdivision(c) in connection with the approval of a development project, the local agency receiving the fee shall deposit it with the other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any commingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by moneys in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. (b) (1) For each separate account or fund established pursuant to subdivision (a),the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year: (A) A brief description of the type of fee in the account or fund. (B) The amount of the fee. (C) The beginning and ending balance of the account or fund. (D) The amount of the fees collected and the interest earned. (E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (F) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001, and the public improvement remains incomplete. (G) A description of each inter fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an inter fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. (2) The local agency shall review the information made available to the public pursuant to paragraph (1) at the next regularly scheduled public meeting not less than15 days after this information is made available to the public, as required by this subdivision. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the local agency for mailed notice of the meeting. Any written request for mailed notices shall Page 64 of 76 be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (c) For purposes of this section, "fee" means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee for public improvements within the meaning of subdivision (b) of Section 66000, and that is imposed by the local agency as a condition of approving the development project. (d) Any person may request an audit of any local agency fee or charge that is subject to Section 66023, including fees or charges of school districts, in accordance with that section. (e) The Legislature finds and declares that untimely or improper allocation of development fees hinders economic growth and is, therefore, a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this section shall supersede all conflicting local laws and shall apply in charter cities. (f) At the time the local agency imposes a fee for public improvements on a specific development project, it shall identify the public improvement that the fee will be used to fmance (Amended by Stats. 1996, Ch. 569, Sec. 2. Effective January 1, 1997.) State of California GOVERNMENT CODE Section 66006.5 66006.5. (a) A city or county which imposes an assessment, fee, or charge, other than a tax, for transportation purposes may, by ordinance, prescribe conditions and procedures allowing real property which is needed by the city or county for local transportation purposes, or by the state for transportation projects which will not receive any federal funds, to be donated by the obligor in satisfaction or partial satisfaction of the assessment, fee, or charge. (b) To facilitate the implementation of subdivision (a), the Department of Transportation shall do all of the following: (1) Give priority to the refinement, modification, and enhancement of procedures and policies dealing with right-of- way donations in order to encourage and facilitate those donations. (2) Reduce or simplify paperwork requirements involving right-of-way procurement. (3) Increase communication and education efforts as a means to solicit and encourage voluntary right-of-way donations. (4) Enhance communication and coordination with local public entities through agreements of understanding that address state acceptance of right-of-way donations. (Added by Stats. 1989, Ch. 857, Sec. 2.) State of California GOVERNMENT CODE Section 66007 66007. (a) Except as otherwise provided in subdivisions (b) and (g), any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the fmal inspection, or the date the certificate of occupancy is issued, whichever occurs first. However, utility service fees may be collected at the time an application for utility service is received. If the residential development contains more than one dwelling, the local agency may determine whether the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first; on a pro rata basis when a certain percentage of the dwellings have received their fmal inspection or certificate of occupancy, whichever occurs first; or on a lump -sum basis when the first dwelling in the development receives its final inspection or certificate of occupancy, whichever occurs first. (b) (1) Notwithstanding subdivision (a), the local agency may require the payment of those fees or charges at an earlier time if (A) the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to fmal inspection or issuance of the certificate of occupancy or (B) the fees or charges are to reimburse the local agency for expenditures previously made. "Appropriated," as Page 65 of 76 used in this subdivision, means authorization by the governing body of the local agency for which the fee is collected to make expenditures and incur obligations for specific purposes. (2) (A) Paragraph (1) does not apply to units reserved for occupancy by lower income households included in a residential development proposed by a nonprofit housing developer in which at least 49 percent of the total units are reserved for occupancy by lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable rent, as defined in Section 50053 of the Health and Safety Code. In addition to the contract that may be required under subdivision (c),a city, county, or city and county may require the posting of a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of any fees or charges that are subject to this paragraph. Fees and charges exempted from paragraph (1) under this paragraph shall become immediately due and payable when the residential development no longer meets the requirements ofthis paragraph. (B) The exception provided in subparagraph (A) does not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Divisionl of Title 1 of the Education Code. (c) (1) If any fee or charge specified in subdivision (a) is not fully paid prior to issuance of a building permit for construction of any portion of the residential development encumbered thereby, the local agency issuing the building permit may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, within the time specified in subdivision (a). If the fee or charge is prorated pursuant to subdivision (a), the obligation under the contract shall be similarly prorated. (2) The obligation to pay the fee or charge shall inure to the benefit of, and been force able by, the local agency that imposed the fee or charge, regardless of whether it is a party to the contract. The contract shall contain a legal description of the property affected, shall be recorded in the office of the county recorder of the county and, from the date of recordation, shall constitute a lien for the payment of the fee or charge, which shall be enforceable against successors in interest to the property owner or lessee at the time of issuance of the building permit. The contract shall be recorded in the grantor -grantee index in the name of the public agency issuing the building permit as grantee and in the name of the property owner or lessee as grantor. The local agency shall record a release of the obligation, containing a legal description of the property, in the event the obligation is paid in full, or a partial release in the event the fee or charge is prorated pursuant to subdivision (a). (3) The contract may require the property owner or lessee to provide appropriate notification of the opening of any escrow for the sale of the property for which the building permit was issued and to provide in the escrow instructions that the fee or charge be paid to the local agency imposing the same from the sale proceeds in escrow prior to disbursing proceeds to the seller. (d) This section applies only to fees collected by a local agency to fund the construction of public improvements or facilities. It does not apply to fees collected to cover the cost of code enforcement or inspection services, or to other fees collected to pay for the cost of enforcement of local ordinances or state law. (e) "Final inspection" or "certificate of occupancy," as used in this section, have the same meaning as described in Sections 305 and 307 of the Uniform Building Code, International Conference of Building Officials, 1985 edition. (f) Methods of complying with the requirement in subdivision (b) that a proposed construction schedule or plan be adopted, include, but are not limited to, (1) the adoption of the capital improvement plan described in Section 66002, or (2) the submittal of a five-year plan for construction and rehabilitation of school facilities pursuant to subdivision (c) of Section 17017.5 of the Education Code. (g) A local agency may defer the collection of one or more fees up to the close of escrow. This subdivision shall not apply to fees and charges levied pursuant to Chapter 6 (commencing with Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education Code. (Amended by Stats. 2008, Ch. 246, Sec. 1. Effective January 1, 2009.) State of California GOVERNMENT CODE Section 66008 66008. A local agency shall expend a fee for public improvements, as accounted for pursuant to Section 66006, solely and exclusively for the purpose or purposes, as identified in subdivision (0 of Section 66006, for which the fee was collected. The fee shall not be levied, collected, or imposed for general revenue purposes. (Added by Stats. 1996, Ch. 569, Sec. 3. Effective January 1, 1997.) Page 66 of 76 State of California GOVERNMENT CODE Section 66010 66010. As used in this chapter: (a) "Development project" means a development project as defined in Section66000. (b) "Fee" means a monetary exaction or a dedication, other than a tax or special assessment, which is required by a local agency of the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. (c) "Local agency" means a local agency, as defined in Section 66000. (d) "Public facilities" means public facilities, as defined in Section 66000. (e) "Reconstruction" means the reconstruction of the real property, or portion thereof, where the property after reconstruction is substantially equivalent to the property prior to damage or destruction. (Amended by Stats. 1990, Ch. 1572, Sec. 18.) State of California GOVERNMENT CODE Section 66011 66011. No fee may be applied by a local agency to the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor. Any reconstruction of real property, or portion thereof, which is not substantially equivalent to the damaged or destroyed property, shall be deemed to be new construction and only that portion which exceeds substantially equivalent construction may be assessed a fee. The term substantially equivalent, as used in this section, shall have the same meaning as the term in subdivision (c) of Section 70 of the Revenue and Taxation Code. (Added by Stats. 1988, Ch. 162, Sec. 1.) State of California GOVERNMENT CODE Section 66012 66012. (a) Notwithstanding any other provision of law which prescribes an amount or otherwise limits the amount of a fee or charge which may be levied by a city, county, or city and county, a city, county, or city and county shall have the authority to levy any fee or charge in connection with the operation of an aerial tramway within its jurisdiction. (b) If any person disputes whether a fee or charge levied pursuant to subdivision (a) is reasonable, the auditor, or if there is no auditor, the fiscal officer, of the city, county, or city and county shall, upon request of the legislative body of the city, county, or city and county, conduct a study and determine whether the fee or charge is reasonable. (Added by Stats. 1990, Ch. 1572, Sec. 19.) State of California GOVERNMENT CODE Section 66013 66013. (a) Notwithstanding any other provision of law, when a local agency imposes fees for water connections or sewer connections, or imposes capacity charges, those fees or charges shall not exceed the estimated reasonable cost of providing the service for which the fee or charge is imposed, unless a question regarding the amount of the fee or charge imposed in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) As used in this section: Page 67 of 76 (1) "Sewer connection" means the connection of a structure or project to a public sewer system. (2) "Water connection" means the connection of a structure or project to a public water system, as defined in subdivision (f) of Section 116275 of the Health and Safety Code. (3) "Capacity charge" means a charge for public facilities in existence at the time a charge is imposed or charges for new public facilities to be acquired or constructed in the future that are of proportional benefit to the person or property being charged, including supply or capacity contracts for rights or entitlements, real property interests, and entitlements and other rights of the local agency involving capital expense relating to its use of existing or new public facilities. A "capacity charge" does not include a commodity charge. (4) "Local agency" means a local agency as defined in Section 66000. (5) "Fee" means a fee for the physical facilities necessary to make a water connection or sewer connection, including, but not limited to, meters, meter boxes, and pipelines from the structure or project to a water distribution line or sewer main, and that does not exceed the estimated reasonable cost of labor and materials for installation of those facilities. (6) "Public facilities" means public facilities as defined in Section 66000. (c) A local agency receiving payment of a charge as specified in paragraph (3) of subdivision (b) shall deposit it in a separate capital facilities fund with other charges received, and account for the charges in a manner to avoid any commingling with other moneys of the local agency, except for investments, and shall expend those charges solely for the purposes for which the charges were collected. Any interest income earned from the investment of moneys in the capital facilities fund shall be deposited in that fund. (d) For a fund established pursuant to subdivision (c), a local agency shall make available to the public, within 180 days after the last day of each fiscal year, the following information for that fiscal year: (1) A description of the charges deposited in the fund. (2) The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund. (3) The amount of charges collected in that fiscal year. (4) An identification of all of the following: (A) Each public improvement on which charges were expended and the amount of the expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used. (B) Each public improvement on which charges were expended that was completed during that fiscal year. (C) Each public improvement that is anticipated to be undertaken in the following fiscal year. (5) A description of each inter fund transfer or loan made from the capital facilities fund. The information provided, in the case of an inter fund transfer, shall identify the public improvements on which the transferred moneys are, or will be, expended. The information, in the case of an inter fund loan, shall include the date on which the loan will be repaid, and the rate of interest that the fund will receive on the loan. (e) The information required pursuant to subdivision (d) may be included in the local agency's annual financial report. (f) The provisions of subdivisions (c) and (d) shall not apply to any of the following: (1) Moneys received to construct public facilitiespursuantto a contract between a local agency and a person or entity, including, but not limited to, a reimbursement agreement pursuant to Section 66003. (2) Charges that are used to pay existing debt service or which are subject to a contract with a trustee for bondholders that requires a different accounting of the charges, or charges that are used to reimburse the local agency or to reimburse a person or entity who advanced funds under a reimbursement agreement or contract for facilities in existence at the time the charges are collected. (3) Charges collected on or before December 31, 1998. (g) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion imposing a fee or capacity charge subject to this section shall be brought pursuant to Section 66022. (h) Fees and charges subject to this section are not subject to the provisions of Chapter 5 (commencing with Section 66000), but are subject to the provisions of Sections 66016, 66022, and 66023. (i) The provisions of subdivisions (c) and (d) shall only apply to capacity charges levied pursuant to this section. (Amended by Stats. 2007, Ch. 94, Sec. 1. Effective January 1, 2008.) Page 68 of 76 State of California GOVERNMENT CODE Section 66014 66014. (a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division3 (commencing with Section 56000) of Title 5; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410)of Title 7; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 or under any other authority; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. (b) The fees charged pursuant to subdivision (a) may include the costs reasonably necessary to prepare and revise the plans and policies that a local agency is required to adopt before it can make any necessary findings and determinations. (c) Any judicial action or proceeding to attack, review, set aside, void, or annul the ordinance, resolution, or motion authorizing the charge of a fee subject to this section shall be brought pursuant to Section 66022. (Amended by Stats. 2002, Ch. 963, Sec. 1. Effective January 1, 2003.) State of California GOVERNMENT CODE Section 66015 66015. (a) For a residential solar energy system: (1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15)per kilowatt for each kilowatt above 15kW. Except as provided in paragraph (2), for thermal systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt thermal for each kilowatt thermal above 10kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a solar energy system that exceeds the fees specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (b) For a commercial solar energy system: (1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. Except as provided in paragraph (2), for thermal systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 30kWth, plus seven dollars ($7) per kilowatt thermal for each kilowatt thermal between 30kWth and 260kWth, plus five dollars ($5) per kilowatt thermal for each kilowatt thermal above 260kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a solar energy system that exceeds the applicable fee specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (c) A written finding adopted pursuant to paragraph (2) of subdivision (a) or (b) shall include all of the following: (1) A determination that the municipality has adopted appropriate ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in Page 69 of 76 state guidelines, the checklists and standard plans in the California Solar Permitting Guidebook, and model ordinances. (2) A calculation related to the administrative cost of issuing a solar permit that includes consideration of any reduction in costs to issue the permit or inspect a solar energy system pursuant to Section 65850.5. (3) A description of how the higher fee will result in a quick and streamlined approval process. (d) For purposes of this section, "administrative costs" means the costs incurred in connection with the review, approval, and issuance of the permit, and the hourly site inspection and follow up costs, and may also include an amortization of the costs incurred in connection with producing a written finding and adopting an ordinance or resolution pursuant to subdivision (a) or (b). (e) For purposes of this section, "residential permit fee" means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system. (f) For purposes of this section, "solar energy system" has the same meaning as defined in Section 801.5 of the Civil Code. (g) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation. (h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Amended by Stats. 2017, Ch. 849, Sec. 3. (AB 1414) Effective January 1, 2018. Repealed as of January 1, 2025, by its own provisions. Note: Repeal affects Chapter 7.5, consisting of this section. ) State of California GOVERNMENT CODE Section 66015 66015. (a) For a residential solar energy system: (1) A city, county, city and county, or charter city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt for each kilowatt above 15kW. Except as provided in paragraph (2), for thermal systems, that fee shall not exceed four hundred fifty dollars ($450) plus fifteen dollars ($15) per kilowatt thermal for each kilowatt thermal above 10kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a residential permit fee for a solar energy system that exceeds the fees specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (b) For a commercial solar energy system: (1) A city, county, city and county, or charter city shall not charge a commercial permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. Except as provided in paragraph (2), for photovoltaic systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 50kW plus seven dollars ($7) per kilowatt for each kilowatt between 51kW and 250kW, plus five dollars ($5) per kilowatt for each kilowatt above 250kW. Except as provided in paragraph (2), for thermal systems, the fee shall not exceed one thousand dollars ($1,000) for systems up to 30kWth, plus seven dollars ($7) per kilowatt thermal for each kilowatt thermal between 30kWth and 260kWth, plus five dollars ($5) per kilowatt thermal for each kilowatt thermal above 260kWth. (2) Notwithstanding paragraph (1), a city, county, city and county, or charter city may charge a commercial permit fee for a solar energy system that exceeds the applicable fee specified in paragraph (1) if the city, county, city and county, or charter city, as part of a written finding and an adopted resolution or ordinance, provides substantial evidence of the reasonable cost to issue the permit. (c) A written finding adopted pursuant to paragraph (2) of subdivision (a) or (b) shall include all of the following: (1) A determination that the municipality has adopted appropriate ordinances, permit fees, and processes to streamline the submittal and approval of permits for solar energy systems pursuant to the practices and policies in state guidelines, the checklists and standard plans in the California Solar Permitting Guidebook, and model ordinances. Page 70 of 76 (2) A calculation related to the administrative cost of issuing a solar permit that includes consideration of any reduction in costs to issue the permit or inspect a solar energy system pursuant to Section 65850.5. (3) A description of how the higher fee will result in a quick and streamlined approval process. (d) For purposes of this section, "administrative costs" means the costs incurred in connection with the review, approval, and issuance of the permit, and the hourly site inspection and follow up costs, and may also include an amortization of the costs incurred in connection with producing a written fmding and adopting an ordinance or resolution pursuant to subdivision (a) or (b). (e) For purposes of this section, "residential permit fee" means the sum of all charges levied by a city, county, city and county, or charter city in connection with the application for a solar energy system. (f) For purposes of this section, "solar energy system" has the same meaning as defined in Section 801.5 of the Civil Code. (g) It is the intent of the Legislature that a city, county, city and county, or charter city that meets the obligations of subdivisions (a) and (b) receive priority access to state funds for the purposes of distributed energy generation planning, permitting, training, or implementation. (h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. (Amended by Stats. 2017, Ch. 849, Sec. 3. (AB 1414) Effective January 1, 2018. Repealed as of January 1, 2025, by its own provisions. Note: Repeal affects Chapter 7.5, consisting of this section. ) State of California GOVERNMENT CODE Section 66017 66017. (a) Any action adopting a fee or charge, or increasing a fee or charge adopted, upon a development project, as defined in Section 66000, which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use shall be enacted in accordance with the notice and public hearing procedures specified in Section 54986 or 66016 and shall be effective no sooner than 60 days following the final action on the adoption of the fee or charge or increase in the fee or charge. (b) Without following the procedure otherwise required for the adoption of a fee or charge, or increasing a fee or charge, the legislative body of a local agency may adopt an urgency measure as an interim authorization for a fee or charge, or increase in a fee or charge, to protect the public health, welfare and safety. The interim authorization shall require four-fifths vote of the legislative body for adoption. The interim authorization shall have no force or effect 30 days after its adoption. The interim authority shall contain findings describing the current and immediate threat to the public health, welfare, and safety. After notice and public hearing pursuant to Section 54986 or 66016, the legislative body may extend the interim authority for an additional 30 days. Not more than two extensions may be granted. Any extension shall also require a four-fifths vote of the legislative body. (Amended by Stats. 2006, Ch. 538, Sec. 320. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66018 66018. (a) Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, shall be published in accordance with Section 6062a. (b) Any costs incurred by a local agency in conducting the hearing required pursuant to subdivision (a) may be recovered as part of the fees which were the subject of the hearing. (c) This section applies only to the adopting or increasing of fees to which a specific statutory notice requirement, other than Section 54954.2, does not apply. (d) As used in this section, "fees" do not include rates or charges for water, sewer, or electrical service. (Added by Stats.1990, Ch. 1572, Sec. 20.) Page 71 of 76 State of California GOVERNMENT CODE Section 66018.5 66018.5. "Local agency," as used in this chapter, has the same meaning as provided in Section 66000. (Added by Stats. 1990, Ch. 1572, Sec. 20.) State of California GOVERNMENT CODE Section 66019 66019. (a) As used in this section: (1) "Fee" means a fee as defined in Section 66000, but does not include any of the following: (A) A fee authorized pursuant to Section 66013. (B) A fee authorized pursuant to Section 17620 of the Education Code, or Sections65995.5 and 65995.7. (C) Rates or charges for water, sewer, or electrical services. (D) Fees subject to Section 66016. (2) "Party" means a person, entity, or organization representing a group of people or entities. (3) "Public facility" means a public facility as defined in Section 66000. (b) For any fee, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this subdivision is available shall be mailed at least 14 days prior to the first meeting to an interested party who files a written request with the city, county, or city and county for mailed notice of a meeting on a new or increased fee to be enacted by the city, county, or city and county. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body of the city, county, or city and county may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. The legislative body may send the notice electronically. At least 10 days prior to the meeting, the city, county, or city and county shall make available to the public the data indicating the amount of cost, or the estimated cost, required to provide the public facilities and the revenue sources anticipated to fund those public facilities, including general fund revenues. The new or increased fee shall be effective no earlier than 60days following the final action on the adoption or increase of the fee, unless the city, county, or city and county follows the procedures set forth in subdivision (b) of Section66017. (c) If a city, county, or city and county receives a request for mailed notice pursuant to this section, or a local agency receives a request for mailed notice pursuant to Section 66016, the city, county, or city and county or other local agency may provide the notice via electronic mail for those who specifically request electronic mail notification. A city, county, city or county, or other local agency that provides electronic mail notification pursuant to this subdivision shall send the electronic mail notification to the electronic mail address indicated in the request. The electronic mail notification authorized by this subdivision shall operate as an alternative to the mailed notice required by this section. (Added by Stats. 2009, Ch. 507, Sec. 2. (AB 1084) Effective January 1, 2010.) State of California GOVERNMENT CODE Section 66020 66020. (a) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, as defined in Section 66000, by a local agency by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the governing body of the entity, which notice shall contain all of the following information: Page 72 of 76 (A) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (B) A statement informing the governing body of the factual elements of the dispute and the legal theory forming the basis for the protest. (b) Compliance by any party with subdivision (a) shall not be the basis for a local agency to withhold approval of any map, plan, permit, zone change, license, or other form of permission, or concurrence, whether discretionary, ministerial, or otherwise, incident to, or necessary for, the development project. This section does not limit the ability of a local agency to ensure compliance with all applicable provisions of law in determining whether or not to approve or disapprove a development project. (c) Where a reviewing local agency makes proper and valid findings that the construction of certain public improvements or facilities, the need for which is directly attributable to the proposed development, is required for reasons related to the public health, safety, and welfare, and elects to impose a requirement for construction of those improvements or facilities as a condition of approval of the proposed development, then in the event a protest is lodged pursuant to this section, that approval shall be suspended pending withdrawal of the protest, the expiration of the limitation period of subdivision (d) without the filing of an action, or resolution of any action filed. This subdivision confers no new or independent authority for imposing fees, dedications, reservations, or other exactions not presently governed by other law. (d) (1) A protest filed pursuant to subdivision (a) shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90 -day approval period in which the applicant may protest has begun. (2) Any party who files a protest pursuant to subdivision (a) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications, reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. Thereafter, notwithstanding any other law to the contrary, all persons are barred from any action or proceeding or any defense of invalidity or unreasonableness of the imposition. Any proceeding brought pursuant to this subdivision shall take precedence over all matters of the calendar of the court except criminal, probate, eminent domain, forcible entry, and unlawful detainer proceedings. (e) If the court finds in favor of the plaintiff in any action or proceeding brought pursuant to subdivision (d), the court shall direct the local agency to refund the unlawful portion of the payment, with interest at the rate of 8 percent per annum, or return the unlawful portion of the exaction imposed. (f) (1) If the court grants a judgment to a plaintiff invalidating, as enacted, all or a portion of an ordinance or resolution enacting a fee, dedication, reservation, or other exaction, the court shall direct the local agency to refund the unlawful portion of the payment, plus interest at an annual rate equal to the average rate accrued by the Pooled Money Investment Account during the time elapsed since the payment occurred, or to return the unlawful portion of the exaction imposed. (2) If an action is filed within 120 days of the date at which an ordinance or resolution to establish or modify a fee, dedication, reservation, or other exactions to be imposed on a development project takes effect, the portion of the payment or exaction invalidated shall also be returned to any other person who, under protest pursuant to this section and under that invalid portion of that same ordinance or resolution as enacted, tendered the payment or provided for or satisfied the exaction during the period from 90 days prior to the date of the filing of the action which invalidates the payment or exaction to the date of the entry of the judgment referenced in paragraph (1). (g) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (h) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. (Amended by Stats. 1996, Ch. 549, Sec. 2. Effective January 1, 1997.) Page 73 of 76 State of California GOVERNMENT CODE Section 66021 66021. (a) Any party on whom a fee, tax, assessment, dedication, reservation, or other exaction has been imposed, the payment or performance of which is required to obtain governmental approval of a development, as defined by Section 65927, or development project, may protest the establishment or imposition of the fee, tax, assessment, dedication, reservation, or other exaction as provided in Section 66020. (b) The protest procedures of subdivision (a) do not apply to the protest of any tax or assessment (1) levied pursuant to a principal act that contains protest procedures, or (2) that is pledged to secure payment of the principal of, or interest on, bonds or other public indebtedness. (Amended by Stats. 1998, Ch. 689, Sec. 7. Effective January 1, 1999.) State of California GOVERNMENT CODE Section 66022 66022. (a) Any judicial action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge, or modifying or amending an existing fee or service charge, adopted by a local agency, as defined in Section 66000, shall be commenced within 120 days of the effective date of the ordinance, resolution, or motion. If an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge, and the automatic adjustment results in an increase in the amount of a fee or service charge, any action or proceeding to attack, review, set aside, void, or annul the increase shall be commenced within 120 days of the effective date of the increase. (b) Any action by a local agency or interested person under this section shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2of the Code of Civil Procedure. (c) This section shall apply only to fees, capacity charges, and service charges described in and subject to Sections 66013, 66014, and 66016. (Amended by Stats. 2006, Ch. 643, Sec. 20. Effective January 1, 2007.) State of California GOVERNMENT CODE Section 66023 66023. (a) Any person may request an audit in order to determine whether any fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of any product, public facility, as defined in Section 66000, or service provided by the local agency. If a person makes that request, the legislative body of the local agency may retain an independent auditor to conduct an audit to determine whether the fee or charge is reasonable, but is not required to conduct the audit if an audit has been performed for the same fee within the previous 12 months. (b) To the extent that the audit determines that the amount of any fee or charge does not meet the requirements of this section, the local agency shall adjust the fee accordingly. This subdivision does not apply to a fee authorized pursuant to Section17620 of the Education Code, or Sections 65995.5 and 65995.7. (c) The local agency shall retain an independent auditor to conduct an audit only if the person who requests the audit deposits with the local agency the amount of the local agency's reasonable estimate of the cost of the independent audit. At the conclusion of the audit, the local agency shall reimburse unused sums, if any, or the requesting person shall pay the local agency the excess of the actual cost of the audit over the sum which was deposited. (d) Any audit conducted by an independent auditor to determine whether a fee or charge levied by a local agency exceeds the amount reasonably necessary to cover the cost of providing the product or service shall conform to generally accepted auditing standards. (e) The procedures specified in this section shall be alternative and in addition to those specified in Section 54985. Page 74 of 76 (f) The Legislature finds and declares that oversight of local agency fees is a matter of statewide interest and concern. It is, therefore, the intent of the Legislature that this chapter shall supersede all conflicting local laws and shall apply in charter cities. (g) This section shall not be construed as granting any additional authority to any local agency to levy any fee or charge which is not otherwise authorized by another provision of law, nor shall its provisions be construed as granting authority to any local agency to levy a new fee or charge when other provisions of law specifically prohibit the levy of a fee or charge. (Amended by Stats. 2009, Ch. 507, Sec. 3. (AB 1084) Effective January 1, 2010.) State of California GOVERNMENT CODE Section 66024 66024. (a) In any judicial action or proceeding to validate, attack, review, set aside, void, or annul any ordinance or resolution providing for the imposition of a development fee by any city, county, or district in which there is at issue whether the development fee is a special tax within the meaning of Section 50076, the city, county, or district has the burden of producing evidence to establish that the development fee does not exceed the cost of the service, facility, or regulatory activity for which it is imposed. (b) No party may initiate any action or proceeding pursuant to subdivision (a) unless both of the following requirements are met: (1) The development fee was directly imposed on the party as a condition of project approval. (2) At least 30 days prior to initiating the action or proceeding, the party requests the city, county, or district to provide a copy of the documents which establish that the development fee does not exceed the cost of the service, facility, or regulatory activity for which it is imposed. In accordance with Section 6257, the city, county, or district may charge a fee for copying the documents requested pursuant to this paragraph. (c) For purposes of this section, costs shall be determined in accordance with fundamental fairness and consistency of method as to the allocation of costs, expenses, revenues, and other items included in the calculation. (Added by Stats. 1990, Ch. 1572, Sec. 22.) State of California GOVERNMENT CODE Section 66025 66025. "Local agency," as used in this chapter, means a local agency as defined in Section 66000. (Added by Stats 1990, Ch. 1572, Sec. 22.) Page 75 of 76 Mike Lusk disclaimer: All the information contained in this Claim is meant to support the argument of the Claim and not in any way meant to miss -lead the intention of this Claim. The representation of sources and excerpts were taken from official documents in part or in whole but may not contain all of the information of the source document. Persons reviewing this Claim are urged to review all source documents in their entirety if further understanding is required. This Claim is directed at the City of Lodi and not to anyone individual or individuals within the City Government. Respectfully Mike Lusk 2518 Colony Dr. Lodi, Calif. Page 76 of 76