AB 1600 DEVELOPMENT FEES ANNUAL REPORT. Board of Supervisors December 8, 2009

Transcription

1 AB 1600 DEVELOPMENT FEES ANNUAL REPORT Board of Supervisors December 8, 2009

2 TABLE OF CONTENTS Page Notice of Hearing... 3 AB 1600 Annual Report Update Letter... 4 Regional Parks... 5 Resolution... 7 Narrative Summary of Financial Statement... 8 Summary of Park Mitigation Fees Financial Statements Transportation & Public Works Resolution Countywide Development Fee Program: Narrative Summary of Financial Statement Project Status Statement Financial Statement Sonoma Valley Development Fee Program: Narrative Summary of Financial Statement Project Status Statement Financial Statement Moorland Avenue Development Fee Program: Narrative Summary of Financial Statement Financial Statement CSA #41 Freestone Water Capital Improvement Fund: Narrative Summary of Financial Statement Financial Statement CSA #41 Fitch Mountain Water Capital Improvement Fund: Narrative Summary of Financial Statement Financial Statement CSA #41 Salmon Creek Water Capital Improvement Fund: Narrative Summary of Financial Statement Financial Statement CSA #41 Jenner Water Capital Improvement Fund: Narrative Summary of Financial Statement Financial Statement Water Agency Narrative Summary of Financial Statement Resolutions Summary of Use of Connection Fee Revenues Financial Statements... 62

3 NOTICE REGARDING ANNUAL MITIGATION FEE REPORTS (AB1600) NOTICE IS HEREBY GIVEN that a meeting ofthe Board of Supervisors and the Boards of Directors of the Sonoma County Water Agency, Occidental County Sanitation District, Russian River County Sanitation District, Sonoma Valley County Sanitation District, and the South Park County Sanitation District, County of Sonoma~ State of California, will be conducted on December 8,2009, at 8:30 a.m. in the meeting room of the Board of Supervisors ofthe County of Sonoma, 575 Administration Drive, Room 102A, Santa Rosa, California, One ofthe items ofbusiness will be to consider the Annual Mitigation Fee (AB1600) reports of the Sonoma County Regional Parks Department, the Sonoma County Department of Transportation and Public Works, the Sonoma County Water Agency, and affected agencies under each entity's control. Copies of the AB1600 reports will be available for public review beginning on November 19, 2009, during normal business hours, at the office of the Clerk of the Sonoma County Board of Supervisors, 575 Administration Drive, Room 100A, Santa Rosa, California, Clerk ofthe Board County of Sonoma

4 OFFICE OF THE COUNTY ADMINISTRATOR COUNTY OF SONOMA 575 ADMINISTRATION DRIVE, RM. 104A SANTA ROSA, CALIFORNIA (707) FAX (707) CHRIS THOMAS' ACTING COUNTY ADMINISTRATOR JENNIFER M. MURRAY DEPUTY COUNTY ADMINISfRATOR LORI NORTON DEPUTY COUNTY ADMINISTRATOR November 19, 2009 To: Re: Members, Board of Supervisors AB 1600 Annual Report Update The purpose ofthis memo is to provide the Board of Supervisors with a summary background ofthe AB 1600 Annual Reports that will be on the Board's agenda December 8, AB 1600 enacted Government Codes Sections requiring that local agencies prepare annual reports on all developer fees collected in the development process to finance "public facilities," ifthose fees were established, increased, or imposed on or after January 1, It does not include fees charged for processing development applications, development agreements, or reimbursement agreements. The law requires annual reporting, once each fiscal year, on the balances of any fee deposits that are five or more years old (Section 66001(d)). Reporting is applicable to the fees collected by the Regional Parks Department, Transportation and Public Works, and the Water Agency. Each agency reports on fee programs under its jurisdiction. For example, the Transportation and Public Works Department reports on road mitigation funds arid funds collected under CSA #41 (Multi-S.ervices). The agenda items contain the following components: 1. A narrative summary ofthe financial statement. 2. A brief proj ect status statement for each capital project referenced in the financial statement. 3. The financial statement, in a format developed by the Auditor-Controller-Treasurer-Tax Collector. 4. A resolution approving the financial statement and a finding regarding any portion of a fee remaining unexpended or uncommitted for 5 years or more. The finding will indicate that any unexpended funds will be spent on projects that are reasonably related to the purpose for which the fee was collected. Ifunexpended funds are no longer required, refunds are made according to the Government Code. Any refunds and associated costs must be included in the financial statement. The financial. statements will be made available for public review on November 19,2009. A copy of this information will also be placed on-file with the Clerk. 1.ltIL:Pl/tAfffl)t/~ ADMINISTRATNE ANALYST c: Chris Thomas, Acting County Administrator Sheri Hartz, Clerk ofthe Board, w/advanced copy of Agenda Items BD 09-30

5 Clerk of the Board Use Onl:. County Of Sonoma l\'ieeting Date Held Until I I I I Agenda Item Summary Report Agenda Item No: Department: Regional Parks D 4/5 Vote Not Required Contact: Phone: Board Date: Deadline for Board Action: Jim McCray (707) /8/ /8/2009 AGENDA SHORT TITLE: 2008/09 Annual Report on Park Mitigation Fees. Agenda Item No: REQUESTED BOARD ACTION: Resolution by the Board of Supervisors approving the 2008/09 Annual Report on Park Mitigation Fees and making findings in connection with unexpended funds. CURRENT FISCAL YEAR FINANCIAL IMPACT - None. Explanation (if required): None. Prior Board Action: 12/9/08 Board approves FY2007/08 Annual Report on Park Mitigation Fees. Alternatives - Results of Non-Approval: The County will not be in compliance with AB rev. 9/14/2009

6 Background: Under Article VI. - Public Improvements, Section of the Sonoma County Code, Ordinances were established in 1986 that required the dedication of park land and/or payment of in lieu fees from developers and home builders. The purpose of these Ordinances were to assist the County in acquiring and developing parks to meet the growing population as a direct correlation to the development and construction ofnew homes. Park mitigation fees are set during the annual consolidated fee hearings. The County's Ordinances covering Park Mitigation Fees require the Director of Regional Parks to report to the Board annually on the income and appropriations in each of the seven areas covered by the Park Mitigation Fee Ordinances. In addition, State law requires that all agencies imposing development impact fees file an annual report on the balances of any fees deposits that are five or more years old. Attached is the annual report and narrative on the Park Mitigation Fee Trust Accounts for FY2008/09 as of June 30, A total of 789, of park mitigation fees were appropriated to twenty (20) projects for the planning, design and construction of new and expanded park facilities in FY2008/09. As in previous years, park mitigation fees were used to leverage grants and other matching contributions. Generally park mitigation fees provide an average of25% of the funding for capital improvement projects. No funding collected in or before FY2003/04 remains in any of the seven Park Mitigation Fee Trust Accounts as ofjune 30,2009. Attachments: Resolution, Attachment 1: FY2008/09 Annual Report on Park Mitigation Fees, Attachment 2: Park Mitigation Area Transactions, Attachment 3: Map Description of Park Mitigation Fee Areas. On File With Clerk: None. CLERK OF me BOARD USE O:\,LY Board Action (If other than "'Requested") Vote:: rev. 9/14/2009

7 Resolution No. COUiDty of So.noma Sa.nta Rosa, CA Date: Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving The 2008/09 Annual Report On Park Mitigation Fees. Whereas, under existing law, local agencies must pwyide the public with specified information relating to fees which have been collected in connection with the approval of development projects: and Whereas, this information must be provided within 180 days from the close of each fiscal year and must be reviewed by the public agencies legislative body; and Whereas, the Regional Parks Department has prepared a report entitled FY2008/09 Annual Report on Park Mitigation Fees, which contains all information required by law regarding the Park Mitigation Fee Trust Fund, and has filed the report with the Board and made it publicly available within the times required by law; and Whereas, no funds have remained unexpended for a period of five (5) years or more; and. Whereas, the Board of Supervisors has reviewed the 2008/09 Annual Report on Park Mitigation Fees; Now, Therefore, Be It Resolved, that the Board of Supervisors hereby finds, determines and declares that all of the above recitals are true and correct; and Be It Further Resolved that the Board of Supervisors hereby approves the 2008/09 Annual Report on Park Mitigation Fees. Supervisors: Brown: Kerns: Zane: Carrillo: Kelley: Ayes: Noes: Absent: Abstain: So Ordered.

8 October 29,2009 To: From: Re: Paul Kelley, 4th District Supervisor, Chairperson Valerie Brown, 1 st District Supervisor Mike Kerns, 2nd District Supervisor, Shirlee Zane, 3rd District Supervisor, Efren Carillo, 5th District Supervisor Mary E. Burns, Director of Regional Parks 2008/09 Annual Report on Park Mitigation Fees ATTACHMENT 1. INTRODUCTION This Attachment 1 is our annual report on Park Mitigation Fees for FY 2008/09. Attachment 2 includes the financial statements for all seven Park Mitigation Fee areas, and includes a summary of fees collected and withdrawals made for the fiscal)year 2008/09. These fees are submitted by developers and home builders for each new residential unit. The intent of these fees is to establish a funding mechanism to acquire and develop new parks in order to keep pace with the growing population. Attachment 3 is a map delineating the location and boundaries of the Park Mitigation Fee areas. I. NARRATIVE SUMMARY OF FINANCIAL STATEMENT. 1. Fund balance at the beginning of fiscal year 2008/09, appropriations, and expenditures. The total beginning fund balance on July 1, 2008 of all seven Park Mitigation funds for FY 2008/09 was 1,235, The total. amount appropriated and transferred to Capital Projects in FY 2008/09 was 789, During FY 2008/09 13,278 in fees were refunded to individuals cancelling building permits during the year. 2. Balance of funds as of June 30, The total balance of all the Park Mitigation Funds as of June 30, 2009 was 903, Interest earned on funds in FY 2008/09. Page 1 of 7 Attachment 1

9 In FY 2008/09 a total of 33, was earned as interest on Park Mitigation fees in the seven trust funds. This interest is accrued and credited separately in each of the seven mitigation area funds where it was earned and is available for future projects. 4. Fees collected in 2008/09. The total amount of Park Mitigation fees collected in FY 2008/09 was 433,474. In addition, 2, in miscellaneous fees were collected by the Permit and Resource Management Department during the fiscal year and credited to the Park Mitigation Fee Trust Fund from which they were collected in FY 2008/09. The total of all fees collected and credited to the Park Mitigation Fee Trust Funds in FY2008/09 was 436, II. SUMMARY OF ACCOMPLISHMENTS & ACHIEVEMENTS In FY 2008/09 Park Mitigation fees totaling 789, were transferred from the Park Mitigation Fee Trust funds to twenty (20) projects. Park Mitigation funds were used to leverage grants and provide matching contributions for capital projects. The following is a list of those park and recreation projects for which Park Mitigation fees were appropriated in FY 2008/09. Area #1 (Sonoma Coast) Beginning Fund Balance: 332, Total Revenue (Inc!. Fees, Misc Rev & Reimb): 104, Total Interest Earned: 8, Total Withdrawals: ( 67,257.54) Ending Fund Balance: 378, Summary of Expenditures 7, in funding was transferred for planning and design for the Sea Ranch Coastal Access Trail project. This project was funded by a California Coastal Conservancy grant. The project is still in the planning and design stage, which is anticipated to be completed in ,000 in funding was transferred for planning, design, and construction of the Sunset Beach River Access project. This was a joint project with Transportation and Public Works Department to provide safe access to a new Page 2 of 7 Attachment 1

10 river park facility. The project was also funded with State Parks Proposition 40 funding. Construction was completed in ,000 in funding was transferred for the planning and design of Phase 1 of the Bodega Bay Bike and Pedestrian Trail project. Other sources of funds include Transportation for Livable Communities grant and Measure M funding. The project is currently in the environmental review process and construction is anticipated to be complete in ,000 in funding was transferred for planning and design for the Bodega Bay Sport Fishing Center Disabled Access Improvements project. This is a project to improve accessibility to the facilities so persons of all abilities can take part in commercial fishing, whale watching and other water related activities offered by party boat operators. Other sources of funding include a Community Development Block Grant and the Special Enterprise fund. Construction is scheduled to be complete by June Area #2 (North County: Cloverdale, Windsor and Healdsburg Environs) Beginning Fund Balance: 151, Total Revenue (Inc!. Fees, Misc Rev & Reimb): 65, Total Interest Earned: 4, Total Withdrawals: (139,920.80) Ending Fund Balance: 82, Summary of Expenditures 85,000 in funding was transferred for the construction of the Riverfront Park Phase 2 project. This project was also funded with a State Resources Agency River Parkways Proposition 40 grant and a donation from the Regional Parks Foundation. This project was completed in ,000 in funding was transferred for the planning and design of the Cloverdale River Park Phase 3 bank restoration project. This project is also funded with a State Resources Agency River Parkways Proposition 40 grant and Federal Emergency Management Agency and Office of Emergency Services funds. Construction is scheduled for the summer/fall of , in funding was transferred for the long range Page 3 of? Attachment 1

11 planning of the Russian River Access Plan. This project is the preparation of a feasibility study of existing and potential future public access sites along the Russian River and is anticipated to be completed in Area #3 (Russian River: Sebastopol Environs) Beginning Fund Balance: 163, Total Revenue (Incl. Fees, Misc Rev & Reimb): 46, Total Interest Earned: 4, Total Withdrawals: (192,000.00) Ending Fund Balance: 22, Summary of Expenditures 180,000 in funding was transferred for the construction of the Sunset Beach Phase 1 project. This project was also funded by a State Parks Proposition 40 Per Capita grant. This project was completed in ,000 in funding was transferred for the planning and design of the West County Trail Ross Station Road Trailhead project. Construction of the improvements is funded by a Sonoma County Agricultural Preservation Open Space District (SCAPOSD) matching grant and is anticipated to be completed in the spring of Area #4 (Santa Rosa Area Environs) Beginning Fund Balance: 196, Total Revenue (Incl. Fees, Misc Rev & Reimb): 53, Total Interest Earned: 5, Total Withdrawals: (117,262.72) Ending Fund Balance: 138, Summary of Expenditures 23,000 in funding was transferred for the planning and design of the next phase of the Bay Area Ridge Trail project, and the planning in partnership with the Sonoma County Agricultural Preservation and Open Space District for the expansion of Hood Mountain Regional Park and Open Space Preserve. The Ridge Trail project is also funded with a Recreational Trails Program grant and a Bay Area Ridge Trail Council grant and is scheduled for completion in ,132 in funding was transferred for the Schopflin Fields Page 4 of7 Attachment 1

12 Phase 3 project. This project serves residents of the Santa Rosa and Larkfield-Wikiup park mitigation fee areas, and was also funded by a Roberti-Z'Berg-Harris and Proposition 40 Per Capita grants. The project was completed in ,000 in funding was transferred for the planning and design of the Santa Rosa Creek - Fulton to Willowside Road Bike Trail project. This project is also funded by Transportation for Livable Communities and TDA Article 3 grants. Design of the project is complete and construction is scheduled for FY , in funding was transferred for the initial planning and acquisition of the Cresta property in partnership with the Sonoma County Agricultural PreseNation and Open Space District. This property will be part of a future regional park proposed for the Mark West Creek area. The initial planning and acquisition is anticipated to be complete in Area #5 (Rohnert Park/Cotati/Petaluma Environs) Beginning Fund Balance: 253, Total Revenue (Inc/. Fees, Misc Rev & Reimb): 83, Total Interest Earned: 6, Total Withdrawals: (181,855.68) Ending Fund Balance: 162, Summary of Expenditures 178,500 in funding was transferred for the planning, design and construction of the interim plan improvements for the Tolay Lake Regional Park project. This project was also funded by the Regional Parks Foundation and Prop 40 Per Capita grant. The park was opened under the Interim Access Plan in September of , in funding was transferred for the initial planning of the Roche property in partnership with the Sonoma Land Trust and the Sonoma County Agricultural Preservation and Open Space District. This property is adjacent to the Tolay Lake Regional Park and is proposed as a future park expansion. Area #6 (Sonoma Valley) Beginning Fund Balance: 119, Total Revenue (Inc/. Fees, Misc Rev & Reimb): 68, Page 5 of? Attachment 1

13 Total Interest Earned: 3, Total Withdrawals: (91,445.08) Ending Fund Balance: 82, Summary of Expenditures 40,000 in funding was transferred for the planning, design and park boundary fencing improvements for the expansion of the Sonoma Valley Regional Park. This park expansion will require an amendment to the existing park master plan and subsequent environmental document prior to the construction of additional trail improvements and amenities. The park boundary and fencing improvements were completed in 2008, and the planning and design are anticipated to be completed in ,000 in funding was transferred for construction of the ornamental fencing to protect the heritage oak tree and fabricate an interpretive panel for Kenwood Plaza Park. The fencing work was completed in 2008, and the interpretive panel is scheduled for completion in the spring of , in funding was transferred for the construction of the Maxwell Farms Regional Park Accessible Playground project. This project was also funded by a Community Development Block grant, the Regional Parks Foundation and major maintenance funding. This project was completed in ' in funding was transferred for the planning of the Sonoma Schellville Bike Trail project. This is a long range planning, acquisition, and design project for a connection to the San Franciso Bay Trail. 267 in funding was transferred for the preparation of a park feasibility study for the Matanzas Creek property in partnership with the Sonoma County Water Agency. This planning document is scheduled for completion in Area "#7(Larkfield-Wikiup) Beginning Fund Balance: 18, Total Revenue (Incl. Fees, Misc Rev & Reimb): 0.00 Total Interest Earned: Total Withdrawals: (0.00) Ending Fund Balance: 18, Page6of7 Attachment 1

14 Summary of Expenditures No current projects. III. FINDINGS FOR FEES COLLECTED BUT NOT EXPENDED WITHIN THE FIVE-YEAR PERIOD. California Government Code requires that counties specifically report on fees that have remained unspent for a total of five years. In FY 2008/09 there were no park mitigation fees that were collected in or before FY 2003/04 remained unspent. Page? of? Attachment 1

15 Summary of Park Mitigation Fees Sonoma County Regional Parks Fiscal Year thru June 2009 Area Beginning Cash Balance Fees Transferred Fees Earned nterest Earned to Cap Proj Refunds PY AlRPRMD AIR PRMD Ending Cash Balance , , , , , , , ,235, , , , , , , , , , , , , , , (67,257.54) (139,920.80) (192,000.00) (117,262.72) (181,855.68) (91,445.08) (789,741.82} (2,944.00) (1 0,334.00) (13,278.00} 378, , , , , , , , Page 1 of 8 Attachment 2

16 AB 1600 Annual Report Park Mitigation Area 1 Index # Fund Name: Sonoma Coast/Gualala Basin Park Mitigation Trust # Fiscal Year thru June 2009 PY Month Fees Misc Rev Interest Fees Used Refunds AiR PRMD AiR PRMD Cash Balance Beg Balance 332, Rev App PY July 2, , August 5, , September 23, , October 14, , , , November 5, , December 11, , January 2, , , February 2, , March 5, , , April 8, , , May 5, , June 11, , , , Total FY 104, , , , , , Withdrawal Detail Date FAMIS Trans Index # Description Amount 7/17/2009 OT Sea Ranch Trail 7, /17/2009 OT Sunset Beach 40, /17/2009 OT Bodega Bay Bike trail 10, /17/2009 OT 'Bodega Bay SFC ADA 10, Total FY 67, Refunds Date FAMIS Trans Index # 3/20/2009 CP , Total FY 2, Page 2 of8 Attachment 2

17 AB 1600 Annual Report Park Mitigation Area 2 Index # Fund Name: North County (Cloverdale & Healdsburg) Park Mitigation Trust # Fiscal Year thru June 2009 Month Beg Balance Rev App PY Fees Misc Rev Interest Fees Used Refunds PY AlRPRMD AIR PRMD Cash Balance 151, July August September October November December January February March April May June Total FY 23, , , , , , , , , , , , , , , , , , , , , , , , , , Withdrawal Detail Date FAMIS Trans # 7/17/2009 OT /17/2009 OT /17/2009 OT /23/2009 OT Total FY Index # Description Cloverdale River Park Riverfront Park Russian River Access Riverfront Park Amount 50, , , , , Refunds Date FAMIS Trans # Index # Total FY Page 3 of 8 Attachment 2

18 AB 1600 Annual Report Park Mitigation Area 3 Index # Fund Name: Russian River/Sebastopol Park Mitigation Trust # Fiscal Year thru June 2009 PY Month Fees Misc Rev Interest Fees Used Refunds A1RPRMD A1RPRMD Cash Balance Beg Balance 163, Rev App P~ July 8, , August 5, , September 2, , October 2, , , November 8, , , December 2, , January 2, , , , February March 5, , April 2, , , May 5, , June 5, , , Total FY 56, , , , , Withdrawal Detail Date FAMIS Trans j Index # DescriEtion Amount 7/17/2009 OT West County Trail 12, /17/2009 OT Sunset Beach 180, Total FY 192, Refunds Date FAMIS Trans j Index # CK , CP , CP , Total FY 10, Deposit Detail Date FAMIS Trans j Index # Description Amount Total FY Page 4 of8 Attachment 2

19 AB 1600 Annual Report Park Mitigation Area 4 Index # Fund Name: Santa Rosa Park Mitigation Trust # Fiscal Year thru June 2009 Month Beg Balan< Rev App PY Fees Misc Rev Interest Fees Used Refunds PY AlRPRMD AIR PRMD Cash Balance 196, July August September October November December January February March April May June Total FY 8, , , , , , , , , , , , , , , , , , , , , , , , , , Withdrawal Detail Date FAMIS Trans 7/17/2009 OT /17/2009 OT /17/2009 OT /17/2009 OT /23/2009 OT Total FY Index # Description Mark West Park (Cresta) Santa Rosa Creek Trail Schopflin Fields. Hood Mountain Reg Park/Bay Area Ridge Trail Hood Mountain Reg Park/Bay Area Ridge Trail Amount 4, , , , , , Refunds Date FAMIS Trans Index # Total FY Page 5 of 8 Attachment 2

20 Fund Name: AB 1600 Annual Report Park Mitigation Area 5 Index # Rohnert Park/Cotati/Petaluma Park Mitigation Trust # Fiscal Year thru June 2009 Month Beg Balance Rev App PY Fees Misc Rev Interest Fees Used Refunds PY AIR PRMD AIR PRMD Cash Balance 253, July August September October November December January February March April May June Total FY 5, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Withdrawal Detail Date FAMIS Trans 7/17/2009 OT /17/2009 OT Total FY Index # Description Roche Park Tolay Lake Amount 3, , , Refunds Date FAMIS Trans Index # Total FY Page 6 of 8 Attachment 2

21 AB 1600 Annual Report Park Mitigation Area 6 Index # Fund Name: Sonoma Valley Park Mitigation Trust # Fiscal Year thru June 2009 PY Month Fees Misc Rev Interest Fees Used Refunds AIR PRMD AIR PRMD Cash Balance Beg Balance 119, Rev App P'I July 2, , August 5, , September 11, , October 2, , November December 11, , January , February March 8, , April 8, , May 5, , June 8, , , Total FY 68, , , , Date FAMIS Trans tl Index # Description Amount Withdrawal Detail 7/17/2009 OT Sonoma Valley Park 40, /17/2009 OT Matanzas Lake /17/20090T Maxwell Playground 24, /17/2009 OT Sonoma Schellville Trail /17/2009 OT Kenwood Plaza Park 26, Total FY 91, Refunds Date FAMIS Trans tl Index # Total FY Page 7 of 8 Attachment 2

22 AB 1600 Annual Report Park Mitigation Area 7 Index # Fund Name: LarkfieldlWikiup Spec Plan Park Mitigation Trust # Fiscal Year thru June 2009 PY Month Fees Misc Rev Interest Fees Used Refunds AIR PRMD AIR PRMD Cash Balance Beg Balance 18, Rev App PY July August September October November December January February March April May June , Total FY , Withdrawal Detail Date FAMIS Trans: Index # Description Amount Total FY Refunds Date FAMIS Trans: Index # Total FY ====== Page 8 of8 Attachment 2

23 Area 1 Sonoma Coast Area 2 Cloverdale/Healdsburg & Environs Area 7 Larkfield/Wikiup Area 5 Cotati, Petaluma, Rohnert Park, & Environs Sonoma County Regional Parks N...""..,,, + ~ 2300 County Center Drive #120A Santa Rosa, Ca ~"". Park Mitigation Fee Areas,,~."" (707) ATTACHMENT- #3 SONDU"

24 Clerk of the Board! nse ani:. County Of Sonoma Meeting Date Held Until J I J J Agenda Item Summary Report Agenda Item Ko: Department: TPW D 415 Vote Not Required Contact: Phone: Board Date: Deadline for Board Action: Terry Lovo1d (707) /08/2009 AGENDA SHORT TITLE: Annual AB1600 Report on Various Fee Programs. Agenda Item No: REQUESTED BOARD ACTION: Adopt resolution the annual AB1600 reports for the following fee programs: Countywide Traffic Mitigation Sonoma Valley Traffic Mitigation Moorland Avenue Drainage Mitigation CSA #41-Freestone Water Capital Improvement Fund CSA #41-Fitch Mountain Water Capital Improvement Fund CSA #41-Salmon Creek Water Capital Improvement Fund CSA #41-Jenner Water Capital Improvement Fund CURRENT FISCAL YEAR FINANCIAL IMPACT - None. Explanation (if required): None. Prior Board Action: , , , , , , , , , , , , and : Annual report accepted for development fees in Countywide, Sonoma Valley, Moorland Ave., and CSA's No. 41- Freestone, Fitch Mountain, Salmon Creek and Jenner Water Capital Improvement Funds. Alternatives - Results of Non-Approval: The County would not be in compliance with AB rev. 9/14/2009

25 Background: Per AB 1600, an annual status report on developer fees used to finance public facilities is required if fees were established, increased or imposed after January 1, The status report is due 180 days after the close ofeach fiscal year and requires that a report concerning each impact fee fund be made available to the public. In order to meet AB 1600 requirements, annual reports have been prepared for the following fee programs: Countywide Traffic Mitigation - In May 1990, the Board passed an ordinance establishing four (North, Central, West and South) Development Fee areas. The four areas were combined into the Countywide Traffic Mitigation Fund in FY 2004/05. These fees are collected when building permits are issued for a property within the district and are kept in a separate fund account. These fees are used for road improvement project which add travel way capacity. In January, fees are adjusted annually by CPI per the ordinance. Fees are collected by Permit Resource Management Department as part of the permitting process. Sonoma Valley Traffic Mitigation - In 1989, the Board of Supervisors adopted Ordinance No establishing development fees to finance the improvements of certain public facilities and services within the Sonoma Valley area. These fees are kept in a separate fund account. These fees were established specifically for the Sonoma Valley area and due to requests from community leaders, were not combined with Countywide Mitigation Fund during the FY 2004/05 consolidation ofthe other funds. In January, fees are adjusted annually by CPI per the ordinance. Fees are collected by Permit Resource Management Department as part ofthe permitting process. Moorland Avenue Drainage Mitigation - In 1988, the Board of Supervisors adopted Ordinance No establishing development fees to finance the cost of improving certain public facilities within the Moorland A venue Plan Area. These fees are kept in a separate fund account and paid to South Park Sanitation District in repayment of the cost of those improvements. In January, fees are adjusted annually by CPI per the ordinance. Fees are collected by Pennit Resource Management Department as part of the permitting process. These fees are collected when building permits are issued for a property within the district. CSA #41- Freestone Water Capital Improvement Fund - County Service Area No. 41-Freestone was established in FY by a vote of the residents within the area for the purpose of providing water service to the community of Freestone. The CSA replaces a mutual benefit corporation (Freestone Water Users, Inc.) as the purveyor of water in Freestone. These fees are collected when a new connection to the system is established and are restricted to use for capital improvements to the system. Rates are set in order to meet debt service needs and are reconfirmed annually during the consolidated fee hearings. CSA #41- Fitch Mountain Water Capital Improvement Fund - County Service Area No. 41 (fonnerly CSA No. 24) was formed in 1976 by a vote ofthe residents within the area to provide fire, water and sewer services in the Fitch Mountain area. These fees are collected when a new connection to the system is established and are restricted to use for capital improvements to the system. Rates are set in order to meet debt service needs and are reconfirmed annually during the consolidated fee hearings. CSA #41- Salmon Creek Water Capital Improvement Fund - County Service Area No. 41 Sahnon Creek (formerly CSA No. 32) was formed in by a vote of the residents within the area for the purpose of providing water service to the community of Salmon Creek. These fees are collected when a new connection to the system is established are restricted to use for capital improvements to the system. Rates are set in order to meet debt service needs and are reconfirmed annually during the consolidated fee hearings. CSA #41- Jenner Water Capital Improvement Fund - County Service Area No. 41 Jenner (formerly CSA No. 34) was established in by a vote of the residents within the area for the purpose of providing water service to the community of Jenner. These fees are collected when a new connection to the system is'

26 established are restricted to use for capital improvements to the system. Rates are set in order to meet debt service needs and are reconfirmed annually during the consolidated fee hearings. In addition to AB 1600 regulations, the Sonoma County Code (Sec ) requires that the status ofthe funds, current fee rate, and funded project information be provided to the Board for the traffic mitigation fee areas. This information has been incorporated with the annual AB 1600 reports for each affected fee areas which are attached. Recommendation: Adopt resolution the annual AB 1600 reports for the following fee programs: Countywide Traffic Mitigation Sonoma Valley Traffic Mitigation Moorland Avenue Drainage Mitigation CSA #41-Freestone Water Capital Improvement Fund CSA #41-Fitch Mountain Water Capital Improvement Fund CSA #41-S.almon Creek Water Capital Improvement Fund CSA #41-Jenner Water Capital Improvement Fund Attachments: Annual Reports: 1) Countywide, 2) Sonoma Valley, 3) Moorland Ave., and 4) CSA #41 Freestone, CSA #41-Fitch Mountain, CSA #41-Salmon Creek and CSA #41-Jenner; Resolution On File With Clerk: None. CLERK OF 'IRE BO.l>lli:D USE O?'>.'LY BoardAdaon (If other than "'Requested") Vote,: rev. 9/14/2009

27 Resolution No. CO:JID.llty of Sonoma Santa ROosa, CA 9'540.3 Date: 12115/2009 Resolution Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Approving The 2008/2009 AB1600 Reports and Making Findings in Connection With Unexpended Funds For The Following Fee Programs: Countywide Traffic Mitigation, Sonoma Valley Traffic Mitigation, Moorland Avenue Drainage Mitigation, CSA #41 - Freestone Water Capital Improvement Fund, CSA #41 - Fitch Mountain Water Capital Improvement Fund, CSA #41 - Salmon Creek Water Capital Improvement Fund, And CSA #41 Jenner Water Capital Improvement Fund. Whereas, under existing law, local agencies must provide the public with specified information relating to fees which have been collected in connection with the approval ofdevelopment projects; and Whereas, this information must be provided within 180 days from the close of each fiscal year and must be reviewed by the public agency's legislative body; and Whereas, Department of Transportation and Public Works staff have prepared reports entitled 2008/2009 Status Reports for the various fee programs, which reports contain all information required by law regarding the various fee programs, and have filed the reports with the Board and made them publicly available within the times required by law; and Whereas, the Board of Supervisors has reviewed the 2008/2009 Status Reports. Now, Therefore, Be It Resolved, that the Board of Supervisors hereby finds, determines and declares as follows: 1. All ofthe above recitals are true and correct; and 2. Except to the extent that findings are made below, no funds have remained unexpended for a period of five (5) years or more. Be It Further Resolved, that with respect to unexpended funds remaining in the County Wide Development Fee Program, the Board finds, detennines and declares as follows: 1. These funds were collected to pay the cost of rolidway facilities and improvements in accordance with the provisions of the Sonoma County General Plan, including the Circulation and Transit Element, to implement the County's General Plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing

28 Resolution # Date: 12115/2009 Page 2 development fees to fund the cost of certain facilities and services in the County-Wide Development Fee Impact Area; and 2. There is a reasonable relationship between the fee and the purpose for which it is charged in that development fees are used to finance traffic mitigation for capacity increasing/congestion reducing improvements to roadways as a result of a development project; and 3. The sources and amounts of funding anticipated to complete or pay for the County- Wide mitigation ordinance'~ share ofthe projects in FY are as follows: a) Porter Creek Road Bridge (50,000) b) Arnold Agua Caliente Signal (13,000) c) Adobe (200,000) d) Western Avenue Shoulder Widening (224,000) e) Fulton Sidewalk Project (150,000) f) Western Avenue Widening (Cleveland to Windsor)(272,500) g) Highway Mirabel Roundabout (125,000) h) Mirabel Shoulder widening (190,000) i) River Laughlin Signalization (150,000) j) Signalized Intersection Lighting Program (50,000) k) Airport Hwy 101 Interchange - preliminary (280,000) **Airport Interchange Project is anticipated to need 4M in mitigation funding in the near future to complete the project** 4. Funds for projects mentioned in paragraph 3 have been or will be deposited into the corresponding Road Capital Fund Index at the time construction and engineering contracts for these projects are iawarded,or right-of-way acquisition agreements are processed. Be It Further Resolved, that the Board of Supervisors hereby approves the 2008/2009 Status Reports for the fee programs for Countywide Traffic Mitigation~ Sonoma Valley Traffic Mitigation, Moorland Avenue Drainage Mitigation, CSA #41-Freestone Water Capital Improvement Fund, CSA #41-Fitch Mountain Water Capital Improvement Fund, CSA #41 Salmon Creek Water Capital Improvement Fund and CSA #4l-Jenner Water Capital Improvement Fund. Supervisors: Brown: Kerns: Zane: Carrillo: Kelley: Ayes: Noes: Absent: Abstain: So Ordered.

29 COUNTY OF SONOMA AREA CODE (707) DEPARTMENT OF TRANSPORTATION ROADS AND PUBLIC WORKS TRANSIT COUNTY CENTER DRIVE, SUITE B 100 REFUSE SANTA ROSA, CALIFORNIA AIRPORT AIR POLLUTION Phillip M. Demery, Director FAX Date: October 23, 2009 TO: FROM: SUBJECT: Board of Supervisors Phillip M. Demery, Director of Transportation and Public Works 2008/2009 Status Report of the Countywide Development Fee Program (Traffic Mitigation Fee) BACKGROUND: In May 1990, the Board established the Countywide Development Fees. These fees are kept in a separate fund account. In subsequent years, the Board has adopted revisions to the ordinance, which include modifying the Road Improvement Summary, modifying the boundaries, increasing the fees, modifying language in the ordinance, changing how the fees are calculated, and making this ordinance consistent with others in the County. The Department of Transportation and Public Works is required by the ordinance governing these fees to provide the Board of Supervisors with an annual review of the adequacy ofthese development fees. The following are results of the annual review, as well as required AB 1600 information. SUMMARY OF FINANCIAL ACTIVITY (between July 1,2008 and June 30, 2009): (for detail, refer to the AB 1600 Annual Report) BEGINNING DEPOSITSI ENDING FUND BALANCE (RETURNS) INTEREST WITHDRAWALS FUND BALANCE 11,444, , ,153 (1,290,159) 11,220,310 Overall, the fund balance in the fund has decreased by 223,915 from the past year. SUMMARY OF AVERAGE DAILY TRIPS (ADT) BY THE TYPE OF TRIPS GENERATED FOR EACH AREA OF THE COUNTY (betweet:j. July 1,2008 and June 30, 2009): Trill. TJ!12e North Central West South Total Residential: Commercial: , Industrial: Total New Trips: , Note: Traffic mitigation fees are assessed based on the ADT expected to be generated by the project and on the type of area in which the development is occurring. Due to deferred payments and refunds, the Average Daily Traffic (ADT) totals may not equate to the amount of deposits.

30 2008/2009 Status Report of the Countywide Development Fee Program Page Two October 23, 2009 ANNUAL, AUTOMATIC ADJUSTMENT OF FEES: The ordinance mandates an annual adjustment ofthe fees to reflect increases or decreases in the cost of construction. The increase to the fees reflects the percentage increase in the Engineering News Record Construction Cost Index for the preceding twelve months. This increase was 2.1%. Therefore, the fees as of January 1,2009, were as follows: ADmSTED FEE, EFFECTIVE PRIOR FEE JANUARY 2009 Residential Fee: 616/ADT X = 629/ADT Commercial Fee: 188/ADTX = 192/ADT Industrial Fee: 173/ADT X = 177/ADT STATUS OF-PROJECTS WITHIN THE BOUNDARIES OF THIS DEVELOPMENT FEE AREA: 1. The following construction projects were completed in FY 08-09: C02237 Moorland Widen/Reconstruction C03410 River Sunset Beach C07003 Airport Signal 2. Design engineering, right-of-way negotiations and construction engineering funded with, or eligible for, County-wide fees, was performed on the following projects in FY 08/09: C00028 Porter Creek Bridge C01316 Forestville Bypass C01334 Mark C02215 MWS Widen to Fulton C02237 Moorland Widen/Reconstruction C02279 E C03020 Western Ave Bike C03400 Fulton Road C03402 Stony Roblar C03408 Western Ave C03410 River Sunset Beach C04000 Hwy Mirabel C04012 Penngrove Sidewalks C05014 Mark West Springs Rd C05027 River Laughlin Signal C06012 Crocker Rd Bridge Pathway C Interchange

31 2008/2009 Status Report of the Countywide Development Fee Program Page Three October 23, FINDINGS FOR FEES WHICH REMAIN UNEXPENDED FOR FIVE YEARS: A balance of 2,184,979 is under spent. This balance will be spent by the following projects: Porter Creek Road Bridge (50,000) Arnold Agua Caliente Signal (13,000) Adobe East Washington (200,000) Western Avenue Shoulder Widening (224,000) Fulton Sidewalk Project (150,000) Western Avenue Widening (Cleveland to Windsor)(272,500) Highway Roundabout (125,000) Mirabel Shoulder widening (190,000) River Laughlin Signalization (150,000) Signalized Intersection Lighting Program (50,000) Airport Hwy 101 Interchange - preliminary (280,000) CONCLUSIONS: The amount of1,704,500 is designated in the FY Road budget from the Countywide Fund. This amount should reduce the current 11.2 million balance by approximately 747,000 in anticipation of deposits and interest earnings of 957,500 in FY Additionally, the Airport Interchange project is anticipated to need 4M in mitigation to complete the project in the near future which will satisfy all shortfalls in spending down the fund. Department staff, from time to time, analyzes the distribution of funds allocated to projects from the four planning areas within the mitigation area and submits various changes to the ordinance project list. Those changes result in a more responsive and proportionate allocation of funds on a fee/traffic benefit basis for a number ofthe planned projects. The fee schedule, as adjusted in January 2009 by the Construction Cost Index and as called for in the existing ordinance, is adequate to meet eligible Road Improvement Program needs ofthe Countywide Traffic Mitigation Area and no ordinance modifications are proposed at this time. Many ofthe above listed projects will be using Measure M funds to pay for non-eligible reconstruction items. However, match money for non-eligible reconstruction is still needed for some projects. Phillip M. emery, Director Department of Transportation an'

32 AB 1600 Annual Report Countywide Mitigation Fees Fund Name: Countywide Mitigation Fee Fund Fiscal Year: Date Beginning Balance Deposits Interest Withdrawals Returned Fund Balance 11,444,225 Jul-08 Aug-08 Sep-08 Oct-08 Nov-08 Dec-08 Jan-09 Feb-09 Mar-09 Apr-09 May-09 Jun-09 73, ,877 80, , ,146 66,375 23,256 18,390 33,060 82,689 29,446 72,361 o o 84,563 9,551 o o 80,855 4,002 o 55,533, 48,203 o o 16,523 46,237 51, ,051 o o 105,870 o o 658,375 o o o 8,932 o 15,869 o o o o o o 73, , ,725 59,862 55,002 (352,545) 104,111 22,391 (72,810) 138,222 29,446 (537,811) Ending Balance 805, , , Summary of Withdrawals Date 9/30/ /31/ /19/ /19/ /18/ /18/ /31/2009 3/31/2009 3/31/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 6/30/2009 Job Number C03410 River Sunset Beach C04000 Hwy Mirabel C03410 River Sunset Beach C03410 River Sunset Beach C04000 Hwy Mirabel C02237 Moorland Widen/Reconst C Mark West Springs Rd C04000 Hwy Mirabel C00028 Porter Creek Bridge C02237 Moorland Widen/Reconst C03400 Fulton Road C03408 Western Ave C02279 E Adobe C04012 Penngrove Sidewalks C04000 Hwy Mirabel C00028 Porter Creek Bridge C01316 Forestville Bypass C01334 Mark Michelle C03402 Stony Roblar C03020 Western Ave Bike C02237 Moorland Widen/Reconst C06012 Crocker Rd Bridge Pathway C02215 MWS Widen to Fulton C07003 Airport Aviation Signal C07005 Airport 101 Interchange C05027 Laughlin Signal Description engineering engineering construction engineering engineering row engineering engineering engineering construction engineering engineering engineering engineering engineering engineering engineering engineering engineering engineering const/eng engineering engineering construction engineering engineering Amount 16,523 46,237 34,567 16,576 19, ,031 3,599 19,390 4,376 78,506 9,356 8,737 93,036 70,337 61,149 1,454 2,240 7,105 1,539 73, ,856 27,272 17,260 5,369 11,374 23,455 1,281,199

33 Public Works Mitigation Trust Funds Summary of Deposits & Withdrawals Amount that must be spent Countvwide Combined For each fiscal year cumulative amount that Amt to be spent Must be spent Actually spent in FY Deposits Interest Withdrawals by FY by FY to meet target FY 1989/90 375,443 3,782 94,000 FY 1990/91 1,176,456 78,192 20,000 By ,633,873 2,523,323 FY 1991/92 1,168, , ,519 By ,961,772 2,855,809 FY 1992/93 947, , ,410 By ,105,761 5,151,312 FY 1993/94 944, , ,486 By ,244,452 6,964,752 FY 1994/95 996, , ,447 By ,464,478 7,872,248 FY 1995/96 912, , ,461 By ,640,913 9,542,772 FY 1996/97 1,001, , ,486 By ,942,952 10,499,330 FY 1997/98 947, ,681 2,295,503 By ,190,401 11,327,351 FY 1998/99 1,543, ,250 1,813,441 By ,021,739 12,367,652 FY 1999/00 1,876,538 30'7, ,496 By ,206,165 14,337,542 FY ,807, ,046 1,670,523 By ,424,818 14,969,020 FY 2001/02 1,269, , ,558 By ,014,578 17,352,477 FY 2002/03 1,831, , ,021 By ,120,093 18,295,949 FY 2003/04 1,444, ,305 1,040,301 By ,762,127 19,577,148 2,184,979 FY 2004/05 1,585, ,229 1,969,890 FY 2005/06 1,752, , ,478 FY 2006/07 1,365, ,174 2,383,457 FY 2007/08 1,611, , ,472 FY 2008/09 781, ,706 1,281,199

34 COUNTY OF SONOMA AREA CODE (707) DEPARTMENT OF TRANSPORTATION ROADS AND PUBLIC WORKS TRANSIT COUNTY CENTER DRIVE, SUITE B 100 REFUSE SANTA ROSA, CALIFORNIA AIRPORT AIR POLLUTION Phillip M. Demery, Director FAX DATE: October 23,2009 TO: FROM: Board of Supervisors Phillip M. Demery, Director of Transportation and Public Works SUBJECT: 2008/2009 Status Report of the Sonoma Valley Development Fee Program (Traffic Mitigation Fee) BACKGROUND: In 1989, the Board of Supervisors adopted Ordinance No establishing development fees to finance the improvements of certain public facilities and services within the Sonoma Valley area. These fees are kept in a separate fund account. In subsequent years, the Board has adopted revisions to the ordinance, which include modifying the Road Improvement Summary, increasing the fees, modifying language in the ordinance, changing how the fees are calculated, and making this ordinance consistent with others in the County. The Department of Transportation and Public Works is required by the ordinance governing these fees to provide the Board of Supervisors with an annual review of the adequacy of these development fees. The following are results of that review, as well as required AB1600 information. SUMMARY OF TRUST FUND DOLLAR ACTIVITY (between July 1, 2008 and June 30, 2009): (for detail, refer to the AB1600 Annual Report) BEGINNING DEPOSITSI ENDING FUND BALANCE (RETURNS) INTEREST WITHDRAWALS FUND BALANCE 732, ,347 18,239 (132,947) 812,430 Overall, the fund balance has increased by 79,639 over the past year. TL: Q\Admroad\AB1600\0809\SV0809