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CC Resolution No. 16-127 Approving Five Year And Annual Development Impact Fee Reports and Making Required FindingsResolution No. 16-127 Page 1 RESOLUTION NO. 16-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING FIVE YEAR AND ANNUAL DEVELOPMENT IMPACT FEE REPORTS AND MAKING REQUIRED FINDINGS WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) requires that an annual report regarding development impact fees be submitted to the City Council at a regularly scheduled public meeting; and WHEREAS, Government Code Section 66001(d) further provides that the City must, on a five-year basis, make certain findings with respect to unexpended development impact fees; and WHEREAS, the attached report entitled City of Cupertino -AB 1600 -Mitigation Fee Act Annual & Five Year Report for the fiscal year ended June 30, 2016 (the "Annual and Five-Year Report") comprises the annual and five-year reports required by the Mitigation Fee Act and contains substantial evidence to make the findings required by Section 66001(d); and NOW, THEREFORE, BE IT RESOLVED: 1. The foregoing recitals are true and correct and incorporated into this resolution by this reference. 2. The City Council hereby approves the Annual and Five-Year Report, which contains the annual and five-year reports under the Mitigation Fee Act. 3. The City Council hereby adopts the findings required by Government Code 66001(d) as stated in the Five-Year Reporting and Findings Requirement section of the Annual and Five-Year Report, which demonstrates that, for each account or fund: a . The purpose of each fund is described in the Annual and Five-Year Report. b. A reasonable relationship exists between the fee charged to development projects and the purpose for which it is charged, based on the substantial evidence contained in the Annual and Five-Year Report. Resolution No. 16-127 Page 2 c. For each fund, the Annual and Five-Year Report identifies all sources and amounts of funding anticipated to complete the financing of incomplete improvements. d . For each fund, the Annual and Five-Year Report designates the approximate date on which the funding needed is expected to be deposited into the fund. PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of November, 2016, by th~ following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Chang, Vaidhyanathan, Paul, Sinks None Wong None APPROVED: 61v,. M1'tf Grace Schmidt, City Clerk Attaclunent A City of Cupertino AB 1600 -Mitigation Fee Act Annual & Five Year Report for the fiscal year ending June 30, 2016 Dept.: Community Development Project: Below Market Rate (BMR) Housing Mitigation Fee Local Authority: Information on the City's BMR Housing Mitigation Fee is provided as a courtesy. The City of Cupertino has collected BMR mitigation fees from commercial and residential developments since 1992 based on nexus studies conducted at that time. On May 5, 2015, the City Council adopted Resolution 15-036, accepting three reports from Keyser Marston Associates, Inc. (KMA) Summary and Recommendations BMR Housing Mitigation Program, Non-Residential Jobs- Housing Nexus Analysis, and Residential BMR Housing Nexus Analysis) which collectively form the City's Nexus Study justifying the current residential and non-residential Housing Mitigation Fees . Per Resolution 15-036 the City Council adopted the updated BMR residential and non-residential ( office, research and development, industrial, hotel, retail and commercial) Housing Mitigation Fees for purposes of this reporting year (July 1, 2015 -June 30, 2016). The fiscal year 2015-16 BMR Housing Mitigation Fee amounts are being reported below. Voluntary Five Year Reporting & Findings Requirement: 1. The purpose of the BMR Housing Mitigation Fee is to help mitigate the need for affordable housing as a result of new residential and non-residential development within the City of Cupertino. The requirements for applicability to the BMR Housing Mitigation Fees are set forth in the City 's adopted BMR Housing Mitigation Program Procedural Manual. The BMR Housing Mitigation Fee schedule is as follows: Page 11 Residential (per sq. ft.) - Detached Single Family Small Lot Single Family or Town home Multi-Family Attached Town home or Condo Multi-Family Apartment (1 to 35 du/ac) Multi-Family Apartment (over 35 du/ac) Non-Residential (Per sq .ft.) - Office, Research & Development, Industrial Hotel , Commercial or Retail $15.48 $17 .03 $20.64 $20 .64 $25 .80 $20.64 $10 .32 BMR Housing Mitigation Fees were used to fund staff and administrative time, legal and professional services, BMR housing placement services, rental mediation, contract services, Nexus Study update and a Consolidated Plan. In addition , $3 ,672,000 was reserved for purchase of an affordable housing site by Charities Housing. The fees in the BMR Fund include funds paid to the City as conditions of development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. Attachment A Fees collected through Develo pment Agreements: Apple Campus 2 -Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement -Section 3.2 ($5,008,050 collected) 2. A reasonable relationship exists between the BMR Housing Mitigation Fee and the purpose for which the fee was charged. The need for the BMR Housing Mitigation fees, as they were identified when the fee was enacted, remains. See, Keyser Marston Associates, Inc. 's Summary and Recommendations Below Market Rate Housing Mitigation Program. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost* 6/30/2016 to be Anticipated be Deposited Date Date Funded to Complete in Fund by Fees the Project Below $160,300,000 $7,664 ,550 100% Additional As projects Ongoing Ongoing Market Rate Developer develop/ Housing Contributions redevelop Mitigation State and fee Federal tax credits, loans and grants * Based on RHNA allocation and affordability gaps estimated in the nexus study: Very low income units (356) x $24 1,000/unit = $87 .8 million. Low income units (207) x $213,000/unit = $44.1 million. Moderate income units (231) x $ 123,000/unit = $28.4 million . Total=$ I 60.3 million. Page 12 Annual Report Amount of Fee: Based on adopted Fee Schedule FY2015-16 Trust Fund Activi Balance at 7/1 /2015 Fees Collected Interest Expended Subtotal Refunded Reserved Unrestricted balance at 6/30/2016 Fiscal Year $11 ,323 ,869 $299,586 * $97,840 ($53,908) ($96 ,279) ($125 ,818) ($108,740) ($384,745) 0 ($3 ,672,000) $7,664 ,550 Purpose of Expenditure Staff and administration Legal and professional services Housing placement services Rental mediation services/contract services Reserved for purchase of affordable housing site by Charities Housing *-Includes funds collected by Development Agreement Page I 3 Attaclunent A Attachment A Dept.: Public Works Project: Park Dedication In-Lieu Fee Local Authority: City of Cupertino : Municipal Code, Chapter 13.08 Five Year Reporting & Findings Requirement: 1. The purpose of the Park Dedication Fee is to help mitigate the need for additional outdoor recreational area for new residential development within the City of Cupertino. The requirements for applicability to the Park Dedication Fees are set forth in the City's Municipal Code, Chapter 13.08 , and the fee was adopted under the provisions of the Mitigation Fee Act. The Parkland Dedication Fee is based on the fair market value of land within the City of Cupertino. Land values are appraised bi-annually, and the Park Dedication Fees are updated accordingly . Park Dedication Fees are used to fund parkland acquisitions and improvements to park and recreational facilities. The fees in the Park Dedication table below include funds paid to the City as a condition of development agreements. Although these fees are included in the tables below, there is no requirement to prepare a five-year report regarding fees obtained through a development agreement. In addition, this table includes adopted fees imposed as a condition of development. Fees collected through Development Agreements: Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement -Section 3.7 ($8,270,994 collected) 2. A reasonable relationship exists between the Park Dedication Fee and the purpose for which the fee is charged, as additional parkland and facilities are needed to offset the increase in population that additional residential units impacts . The need for the Park Dedication fees, as they were identified when the fee was enacted, remains, as the City's current park area per resident does not yet meet the park acreage standard in the Park Dedication Fee ordinance and as development continues to occur. 3 . The sources and amounts of funding anticipated to complete the financing of the Park Dedication are identified below: • Developer Fair-Share Contributions from all projects that add residences. 4 . The approximate dates on which the funding for the needed park acquisition and improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page . Page 14 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Project Estimated Balance Expected Funding Funding to Description Cost 6/30/2016 to be Anticipated be Funded to Complete Deposited by Fees the Project in Fund Lawrence-$8,270 ,994 $820 ,491 100% Project is Fall 2017 Mitty Park fully funded Annual Report Amount of Fee: Based on Fair-Market Value of land, through land appraisal FY2015-16 Trust Fund Activi Balance at 7/1/2015 Fees Collected Interest Expended Subtotal Refunded Reserved Balance at 6/30/2016 Fiscal Year $8,809 ,056 $222 ,375 * $76 ,720 ($1 ,241) ($15,425) ($16,666) 0 ($8 ,270 ,994) $820 ,491 Purpose of Expenditure Staff and Administration Contract Services Reserved for purchase and construction of Lawrence-Mitty Park *-Includes funds collected by Development Agreement and other developments Page I 5 Attachment A Estimated Beginning Date Spring 2015 Estimated Completion Date Summ er 2019 Attachment A Dept.: Public Works Project: N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades Local Authority: EXC-2007-06: Condition of Approval No . 21 TM-2007-02: Condition of Approval No . 24 Five Year Reporting & Findings Requirement: 1. The purpose of the N. Stelling/I-280 Bridge Pedestrian Lighting & Upgrades fee is to enhance the pedestrian walkway along the east and west side of the North Stelling Road bridge that crosses over Interstate 280. Public facilities to be funded with the fees were described in: a . Villa Serra Apartments: ASA-2007-03: Condition of Approval No. 21 , dated July 13, 2007 for Architectural Site Approval ($25,000 collected) b. Las Palmas Subdivision: TM-2007-02: Condition of Approval No. 24, dated July 18, 2007 for Tentative Map Application ($25 ,000 collected) 2. A reasonable relationship exists between the North Stelling fee and the purpose for which the fee was charged in that new development in the vicinity of the bridge increases pedestrian traffic across the bridge. The need for improvements to the bridge, that were identified during the review of the two projects, remains, as the bridge experiences increased pedestrian traffic due to the two projects. 3 . The sources and amounts of funding anticipated to complete the financing of the bridge improvements are identified below: • It is anticipated that the City of Cupertino General Fund will be used to supplement revenue from fees . 4 . The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost 6/30/2016 to be Anticipated be Deposited Date Date Funded to Complete in Fund by Fees the Project P e des tr ian $100,000 $ 49 ,137 50 % Anticip a ted Fall/2 01 7 Winter/20 18 Sprin g/201 8 Li ghtin g & that City w ill Up g rade s -fund th e N . Ste lling/ rema1mng !2 80 Bridge co st of the project Page 16 Attachment A Annual Report Amount of Fee: 25% Contribution to the total cost, based on estimated four projects contributing to improvement. FY 2015 -16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $48,747 Amount $- 7/1/2015 Fees Collected 0 $50,000 Repayment Date na ( est.) Interest $390 $2,637 Expended 0 ($3,500) Refunded 0 0 Balance at $ 49,137 $49,137 6/30 /2016 Page 17 Attachment A Dept.: Public Works Project: De Anza/McClellan/Pacifica signal modification Local Authority: TM-2002-02: Condition of Approval No. 23 Five Year Reporting & Findings Requirement: 1. The purpose of the De Anza/McClellan/Pacifica signal modification is to study and redesign the traffic signal to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Town Square: TM-2002 -02: Condition of Approval No. 2, dated July 15, 2003 for Tentative Map application ($145,700 collected) 2. A reasonable relationship exists between the De Anza/McClellan/Pacifica signal modification contribution and the purpose for which the fee was charged, in that the new development introduces additional vehicular and pedestrian traffic to the intersection. The need for improvements to the intersection and the traffic signal, as they were identified during the review of the project, remains. The intersection continues to run less efficiently than other intersections in the area . 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are identified below: • Developer Fair-Share Contributions from other projects that contribute traffic to the intersection. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Project Estimated Balance Expected Funding Funding to Description Cost 6/30/2016 to be Anticipated be Deposited Funded to Complete in Fund by Fees the Project Traffic Signal $600 ,000 $157,237 100% Additional Developer & Intersection Developer contributions Improvements Contribution obtain ed De Anza Blvd/ s are needed wh en McClellan Rd/ to complete adjacent Pacifica Ave the project prop erti es red evelop . Anticipated Summ er/2020 Page 18 Estimated Beginning Date Fall/2020 Estimated Completion Date Wint er/2021 Attachment A Annual Report Amount of Fee: 25% Contribution to the total cost based on estimated contribution of four projects. FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $155,989 Amount $- 7/1 /2015 Fees Collected 0 $ 145,700 Repayment Date na (est.) Interest $1,248 $11,537 Expended 0 0 Refunded 0 0 Balance at $157,237 $157,237 6/30/2016 Page I 9 Dept.: Public Works Project: Monument Gateway Signs Local Authority: TM-2004-11: Condition of Approval No. 19 ASA-2009-08: Condition of Approval No. 16 Five Year Reporting & Findings Requirement: Attachment A 1. The purpose of the Monument Gateway Signs contribution is to fund the project 's fair share toward upgrading or replacing the existing gateway feature/signs at 1) Stevens Creek Blvd near Tantau Ave; 2) DeAnza Blvd near 1-280 overcrossing; 3) DeAnza Blvd near Bollinger Road; and 4) install a new center island gateway sign at Stevens Creek Blvd near the Oaks shopping center. Public facilities to be funded with the fees were described in: a. Oak Park Village : TM-2004-11: Condition of Approval No. 19 dated 2/16/2005 for Tentative Map application ($25,000 collected) b. Homestead Square: ASA-2009-08: Condition of Approval No . 16 dated May 6, 2010 for Architectural Site Approval ($10,000 collected) 2. A reasonable relationship exists between the Gateway Monument Signs and the purpose for which the fee was charged, in that new developments are in the vicinity of one of the proposed sign locations. The entire project was estimated at $100,000, and the projects provided a fair share contribution towards the overall cost. The need for improvements to the Gateway Monument Signs , as they were identified during the review of the projects, still remains. 3. The sources and amounts of funding anticipated to complete financing of the gateway monument improvements are identified below: • Developer Fair-Sh are Contributions from other projects in the vicinity of the signs . 4. The approximate dates on which the funding for the Gateway Monument Sign improvements is expected to be deposited into the appropriate account are identified on the next page: Page I 10 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Monument Gateway Signs at four locations Completed: Stevens Creek Blvd. nearTantau Ave (as a project condition of Main Street) Remaining project cost Total Fund Estimated Cost $100,000 ($25,000) $75,000 Balance 6/30/2016 $ 37,405 Annual Report % Expected to be Funded by Fees 100% Sources and Estimated Amounts of Date for Funding Funding to Anticipated be Deposited to Complete in Fund the Project Additional Developer Developer contributions Contributions obtained are needed to when complete the adjacent project properties redevelop. Anticipated Summer/2020 Amount of Fee: Contribution based on proximity of the proposed sign location FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Activi~ Year Balance at $37,108 Amount 7/1 /2015 Fees Collected 0 $35,000 Repayment Date ( est.) Interest $297 $2,405 Expended 0 0 Refunded 0 0 Balance at $ 37,405 $ 37 ,405 6/30/2016 Page 111 Attachment A Estimated Estimated Beginning Completion Date Date Fall/2020 Winter/2021 Loans/Transfers $ - na Attachment A Dept.: Public Works Project: DeAnza/Homestead southbound right-turn lane upgrade Local Authority: Sunnyvale Town Center -Environmental Impact Report Five Year Reporting & Findings Requirement: 1. The purpose of the DeAnza/Homestead southbound right turn lane upgrade fee is to contribute the project's fair share toward the study, design and construction of right-of-way improvements at the intersection of DeAnza Blvd and Homestead Road. Public facilities to be funded with the fees were described in: a. Sunnyvale Town Center Environmental Impact Report ($75,924 collected) 2. A reasonable relationship exists between the DeAnza/Homestead southbound right turn lane upgrade and the purpose for which the fee was charged, in that traffic generated by the development has an impact to the intersection. The Environmental Impact Report assessed the impact the development had to the intersection and compared the project's impact to the estimated cost of $333,000. The need for improvements to the intersection, as they were identified during the review of the project, remains. The Sunnyvale Town Center and further growth in the area continues to impact the intersection. 3 . The sources and amounts of funding anticipated to complete the improvements are identified below: • Apple Campus 2 project will complete the funding and the construction of the improvement. The contribution provided by the Sunnyvale Town Center development will be utilized in the completion of this work. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost 6/30/2016 to be Anticipated be Date Date Funded to Complete Deposited by Fees the Project in Fund DeAnza/ $333,000 $77,3 11 100% Apple Fall/2016 Winter/2017 Spring/2017 Homestead Campus 2 to southbound right provide tum land upgrade remaining funds and construct the project. Page I 12 Attachment A Annual Report Amount of Fee: Based on project impact as shown in EIR. $75,924 from Sunnyvale Town Center; remainder from Apple 2 campus. FY 2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $76,697 Amount $ - 7/1 /2015 Fees Collected 0 $75,924 Repayment Date na (est.) Interest $614 $1,387 Expended 0 0 Refunded 0 0 Balance at $77,311 $77,311 6/30/2016 Page I 13 Attachment A Dept.: Public Works Project: Stevens Creek Blvd. and Bandley Drive Signal Improvements Local Authority: ASA-2011-12: Condition of Approval No. 43 Five Year Reporting & Findings Requirement: 1. The purpose of the Stevens Creek Blvd and Bandley Drive Traffic Signal Improvement fee is to partially fund upgrades to the traffic signal in order to improve the efficiency of the intersection. Public facilities to be funded with the fees were described in: a. Cupertino Crossroads: ASA-2011-12: Condition of Approval No . 43dated November 17, 2011 for Architectural Site Approval ($25 ,000 collected) 2. A reasonable relationship exists between the Stevens Creek Blvd . and Bandley Drive Signal Improvements fee and the purpose for which the fee was charged, in that the new development has a driveway that connects directly to the signalized intersection and the development will introduce additional vehicular and pedestrian traffic to the intersection. The need for the improvements to the intersection, which were identified during the review of the project, remains . 3 . The sources and amounts of funding anticipated to complete financing of the signal upgrades improvements are identified below: • Developer Fair-Share Contributions from other projects in the vicinity of the intersection . 4. The approximate dates on which the funding for the signal improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding Beginning Completion Description Cost 6/30/2016 to be Anticipated to be Date Date Funded to Complete Deposited by Fees the Project in Fund Stevens Creek $185 ,000 $25,404 100 % Additional Fall/2017 Spring/20 18 Summer/20 18 Blvd and Developer Bandley Contributions Drive Signal are needed to Improvements complete the project Page 114 Attachment A Annual Report Amount of Fee: Contribution from expected nearby developments, based on estimated addition of traffic to intersection. FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $25,202 Amount $ - 7/1/2015 Fees Collected 0 $25,000 Repayment Date na (est.) Interest $202 $404 Expended 0 0 Refunded 0 0 Balance at $25,404 $25,404 6/30/2016 Pagel15 Attachment A Dept.: Public Works Project: Traffic Calming along Rodrigues Ave. and Pacifica Dr. Local Authority: TM-2002-02: Condition of Approval No. 21 Five Year Reporting & Findings Requirement: 1. The purpose of the Traffic Calming along Rodrigues Ave. and Pacifica Dr. fee is to construct traffic calming measures to offset the project traffic along Rodrigues Ave . and Pacifica Dr. Public facilities to be funded with the fees were described in: a. Cupertino Town Center: TM-2002 -02: Condition of Approval No. 21 dated July 15, 2003 for Tentative Map application ($40,000 collected). 2. A reasonable relationship exists between the Traffic Calming along Rodrigues Ave and Pacifica Dr. fee and the purpose for which the fee was charged, in that the development in the vicinity of Rodrigues Ave. and Pacifica Dr. introduces additional traffic to these streets. The City has utilized a portion of the funds to modified striping along these streets and currently has an approved project that uses the remainder of the funds to modify the intersection of DeAnza Blvd/Rodrigues to further address traffic calming concerns. 3 . Adequate funding has been collected to complete the project. 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources Estimated Total Fund % and Date for Estimated Estimated Project Estimated Balance Expected Amounts of Funding Beginning Completion Description Remaining 6/30/2016 to be Funding to be Date Date Cost Funded Anticipated Deposited by Fees to in Fund Complete the Project Traffic $27,756 $27,756 100 % Project is Fall/2016 Winter/2017 Spring/2017 Calming fully funded along Rodrigues Ave. and Pacifica Dr. Page I 16 Attachment A Annual Report Amount of Fee: All required fees collected from Cupertino Town Center. FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $27 ,536 Amount $ - 7/1/2015 Fees Collected 0 $40,000 Repayment Date na (est.) Interest $220 $3 ,756 Expended 0 ($16,000) Refunded 0 0 Balance at $27,756 $27,756 6/30/2016 Page I 17 Attachment A Dept.: Public Works Project: Wolfe Road Transportation Study Local Authority: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement -Section 3.14 Five Year Reporting & Findings Requirement: 1. The purpose of the Wolfe Road Transportation Study fee is to study the stretch of Wolfe Road near the 1-280 interchange for possibilities to improve vehicular, bicycle and pedestrian traffic in the area . The majority of the fees for this study were obtained through two development agreements : a. Apple Campus 2 : Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement -Section 3.14 ($1,000,000 collected) b. The Irvine Company, LLC-Hamptons Apartments -19500 Pruneridge Ave- Letter Agreement (memorialized in Development Agreement) between IAC at Cupertino, LLC and the City of Cupertino, dated January 19, 2016 ($200,000 collected) An additional contribution to the study was obtained from Cupertino Property Development - Hyatt House -10380 Perimeter Rd: DP-2014-04: Public Works Condition of Approval No. 1, dated October 21, 2014 for Development Permit Application and in the Letter Agreement between Cupertino Property Development II , LLC and the City of Cupertino, dated December 1 7, 2015 ($500 ,000 collected). 2. A reasonable relationship exists between the Wolfe Road Transportation Study fee and the purpose for which the fee was charged, in that the developments, in the vicinity of the intersection of Wolfe Road and 1-280, introduce additional traffic to the intersection. 3. The sources and amounts of funding anticipated to complete financing of the Wolfe Road Transportation Study are to be identified by the Valley Transportation Authority. Additional studies beyond the $1,200,000 initial study are anticipated and may include Environmental Impact Reports, Construction Drawings and other preliminary engineering studies. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified in the Five-Year Reporting table on the next page. Pagel18 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee : Total Fund % Project Estimated Balance Expected Description Cost 6/30/201 to be 6 Funded by Fees Wolfe Road $6 ,000 ,000 $5 18 ,092 50% Transportation Study Annual Report Amount of Fee : Estimated Full Cost of the Study. FY2015-16 Trust Fund Fi scal Year Purpose of Activity Expenditure Balance at $1 ,004 ,456 7/1/2015 Fees Collected $700,000 Total Interest $13 ,636 Expended ($1,200,000) Refunded 0 Balance at $518 ,092 6/30/2016 Sources and Amounts of Fun din g Antic ip ate d to Complete the Project To be determined by the Valley Transportatio n Authority (VTA) Inception To Date Estimated Date for Funding to be Deposited in Fund Adequate funds have been acquired by VTA to begin the Initial Study. Initial study began Spring/2016 Amount $1,700,000 Repayment Date (est.) $18,092 Interest Rate ($1,200 ,000) Contract Services 0 $5 18 ,092 Attaclunent A Estima ted Estimated Beginning Completion Date Date Spring/2016 Fall/2019 Loans/Transfers $ - na na $1,200,000 of the funds have been encumbered for the initial study led by Valley Transportation Authority. Page I 19 Attachment A Dept.: Public Works Project: Traffic Mitigation at Homestead Rd and Lawrence Expressway Local Authority: TM-2012-04: Condition of Approval No. 87 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee is to fund improvements to the intersection in order to address traffic impacts from the project. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 87 , dated September 20, 2012 for Tentative Map application ($400,000 collected) 2. A reasonable relationship exists between the Traffic Mitigation at Homestead Rd and Lawrence Expressway fee and the purpose for which the fee was charged, in that the development, in the vicinity of the intersection, introduces additional traffic to the intersection. The County of Santa Clara has estimated a cost to upgrade the intersection, and the Environmental Impact Report assessed a fair share contribution from the project to address its portion of the impact. The need for improvements to the intersection, as they were identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the intersection improvements are to be identified by the County of Santa Clara. 4. The approximate dates on which the funding for the intersection improvements is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expecte Funding Funding to Beginning Completion Description Cost 6/30/2016 d to be Anticipated be Date Date Funded to Complete Deposited by Fees the Project in Fund Traffic $4 ,000,000 $404 ,997 100 % To be When Fall/2019 Summ er/2020 Mitigation at determined adequate Homestea d by the funds have Rd and County of bee n Lawrence Santa Clara acquired by Expressway th e County Page j 20 Bridge Annual Report to begin th e project. Anticipated Summ er/ 2019 Attachment A Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activit~ Year Balance at $401 ,783 Amount $- 7/1/2015 Fees Collected 0 $400,000 Repayment Date na ( est.) Interest $3 ,214 $4 ,997 Expended 0 0 Refunded 0 0 Balance at $404,997 $404,997 6/30/2016 Page/ 21 Attachment A Dept.: Public Works Project: Traffic Calming to Mitigate Impacts from Main Street Cupertino Local Authority: TM-2012 -0 4: Condition of Approval No . 93 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic Calming to Mitigate Impacts from Main Street Cupertino fee is to help mitigate traffic impacts in the adjacent neighborhoods resulting from the project, for a period of 5 years following project occupancy. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 93 dated 9/20 /2012 for Tentative Map application ($100,000 collected). 2. A reasonable relationship exists between the Traffic Calming fee and the purpose for which the fee was charged, in that the development introduces additional traffic to the surrounding neighborhoods. The City will utilize the funds as needed to address traffic impacts to the surrounding neighborhoods, for a period of 5-years after occupancy. 5. The sources and amounts of funding anticipated to complete financing of the traffic calming mitigations were collected with the project ($100,000). 3. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below . Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost 6/30/2016 to be Anticipated be Deposited Date Date Funded to Complete in Fund by Fees the Project Traffic $101 ,2 50 $101,250 100 % Project fully F ees have Fall/2017 Summ er/2 022 Calming funded been along collected. Rodrigues Anticipated Ave. and initiation of Pacifica Dr. projec t is Summ er/2017 Page 122 Attachment A Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements . FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activitr Year Balance at $100,446 Amount $ - 7/1/2015 Fees Collected 0 $100,000 Repayment Date na (est.) Interest $804 $1,250 Expended 0 0 Refunded 0 0 Balance at $101 ,250 $101 ,250 6/30 /2016 Page I 23 Attachment A Dept.: Public Works Project: Creek Trail Improvements along Calabazas Creek Local Authority: TM-2012-04: Condition of Approval No . 47 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Creek Trail Improvements along Calabazas Creek contribution is to administer a creek trail plan, the necessary approvals and improvements for a new trail along Calabazas Creek from Vallco Parkway to Interstate 280. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 47 dated September 20, 2012 for Tentative Map application ($65,000 collected) 2. A reasonable relationship exists between the Creek Trail Improvements along Calabazas Creek Fee and the purpose for which the fee was charged in that development in the vicinity of the proposed creek trail introduces additional pedestrian traffic to the area, causing the need to provide additional and alternative means of pedestrian access and recreation to new residents and visitors to the development. The need for a new creek trail, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete financing of the project are identified below: • Developer Fair-Share Contributions from other projects in the vicinity of the proposed creek trail location 4 . The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified in the Five-Year Report on the next page. Page I 24 Attachment A Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost 6/30/2016 to be Anticipated be Deposited Date Date Funded to Complete in Fund by Fees the Project Creek Trail $195,000 $65,813 100% Additional D eveloper Spring/2021 Summ er/2021 Improvements Developer con tributions along Contributions obtained Calabazas are needed to when Creek complete the adjacent project properties redevelop. Anticipated Summer/2020 Annual Report Amount of Fee: Contribution equivalent to 1/3 of the estimated cost of creek trail plan FY2015-16 Trust Fund Activity Balance at 7/1/20 15 Fees Collected Interest Expended Refunded Balance at 6/30/2016 Page I 25 Fiscal Year $ 65,291 0 $522 0 0 $65,813 Purpose of Inception . Expenditure To Date Loans/Transfers Amount $ - $65,000 Repayment Date na (est.) $813 0 0 $65,813 Attachment A Dept.: Public Works Project: Parking Conversion Fund along Valko Parkway Local Authority: TM-2012-04: Condition of Approval No. 67 Five Year Reporting & Findings Requirement: 1. The purpose of the Parking Conversion Fund along Valko Parkway is to enable the City to convert the angled parking spaced along the south side of Vallco Parkway to parallel parking spaces and an additional east-bound traffic lane. Public facilities to be funded with the fees were described in: a. Main Street Cupertino: TM-2012-04: Condition of Approval No. 67 dated 9/20/2012 for Tentative Map application ($450,000 collected) 2. A reasonable relationship exists between the Parking Conversion Fund along Valko Parkway and the purpose for which the fund was collected in that new development is adjacent to this section of Vallco Parkway, and the development reduced the number of east-bound lanes a part of their project. The Fund will permit the City to reestablish the east-bound lane that was lost, due to the development, should it be found that the additional lane is necessary to serve the public. The fund is based on the estimated cost to perform the work. The need for the funds, that were identified when the funds was imposed, remain, as the development project has not yet been completed, and the full impact of traffic to this portion of road has not yet materialized. 3 . The sources and amounts of funding anticipated to complete financing of the conversion were collected with the project ($450,000). 4. The approximate dates on which the funding for the conversion is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Parking Conversion Fund along Valko Parkway Page I 26 Total Fund Estimate d Cost $450 ,000 Balance 6/30/2016 $455,622 % Expecte d to be Funded by Fees 100% Sources and Estimated Amounts of Date for Funding Funding to Anticipated be Deposited to Complete in Fund the Project No Fees have additional been collected. funds Anticipated needed at initiation of this time . project is Summ er/2 01 7 Estimated Estimated Beginning Completion Date Date Fall/2017 Summ er/2022 Attachment A Annual Report Amount of Fee: Estimated Full Cost of the potential improvements. FY2015-I6 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $452 ,006 Amount $- 7/1/2015 Fees Collected 0 $450 ,000 . Repayment Date na (est.) Interest $3,616 $5 ,622 Expended 0 0 Refunded 0 0 Balance at $455 ,622 $455,622 6/30/2016 Page 127 Attachment A Dept.: Public Works Project: Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Local Authority: TM-2011-03: Condition of Approval No. 49 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Funding of Neighborhood Cut-through Traffic and Parking Intrusion Monitoring Fee is to monitor and address traffic and parking intrusion, in neighborhoods adjacent to the project site , due to the practices of employees who will work at the project site. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement-Section 3.13 and TM 2011 -03: Condition of Approval No. 49 dated 10/15 /2013 for Tentative Map Application ($850,000 collected) 2. A reasonable relationship exists between the Funding of Neighborhood Cut -through Traffic and Parking Intrusion Monitoring fee and the purpose for which the fee was charged in that the traffic from the development, for which the fee is to be used to monitor, has not yet materialized because the development is still under construction . The City will begin monitoring activities in the fall of 2016. The $850 ,000 fee was based on an estimate of the cost to perform the monitoring and make minor modifications to address traffic and parking intrusion concerns . The need for traffic and parking intrusion monitoring , as it was identified during the review of the project, remains. The traffic , for which the fees are to be used to monitor, has not yet materialized . 3. The sources and amounts of funding anticipated to complete monitoring and improvements were collected with the project ($850,000). 4. The approximate dates on which the funding for the monitoring is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Projec{that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Comp letion Description Cost 6/30/2016 to be Anticipated to be Date Date Funded Complete the Deposited by Fees Project in Fund Funding of $8 50 ,000 $860 ,617 100 % No additional Winter/ Sprin g/201 7 Wint er/2020 Neighborhood fund s ne eded 201 7 Cut-through at thi s time . Traffic and P arking Intrus ion Monitoring Page I 28 Annual Report Amount of Fee: Estimated Full Cost of the Study and potential improvements. FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Activit1 Year Balance at $853,787 Amount 7/1/2015 Fees Collected 0 $850,000 Repayment Date (est.) Interest $6,830 $10,617 Expended 0 0 Refunded 0 0 Balance at $860,617 $860,617 6/30 /2016 Pagej29 Attachment A Loans/Transfers $ - na Attachment A Dept.: Public Works Project: Implement a Traffic-Adaptive Traffic Signal System along De Anza Blvd Local Authority: TM-2011-03: MitigationTRANS-13c Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Traffic-Adaptive Traffic Signal System along De Anza Blvd fee is to implement traffic-adaptive technology to the traffic signals along DeAnza Blvd within the jurisdiction of the City of Cupertino. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement -Section 3 .13 and TM-2011-03: Mitigation TRANS-l 3c, dated 10/15/2013 for Tentative Map application ($50,000 collected) 2. A reasonable relationship exists between the traffic-adaptive traffic signal system along De Anza Blvd fee and the purpose for which the fee was charged in that new development will introduce additional traffic to DeAnza Boulevard, and more efficient traffic signal timing will be needed to address the additional traffic. The fee was based on a fair-share contribution of the estimated total cost to install the traffic-adaptive technology. The need for traffic-adaptive technology, as it was identified during the review of the project, remains. 3. The sources and amounts of funding anticipated to complete the traffic-adaptive technology upgrades will be provided through fair-share contributions from other developers that impact the corridor. 4. The approximate dates on which the funding for the traffic adaptive technology is expected to be deposited into the appropriate account are identified below. Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Traffic- Adaptive Traffic Signal System along De Anza Blvd Page I 30 Total Estimated Cost $250,000 Fund Balance 6/30/2016 $50,625 % Expecte d to be Funded by Fees 100 % Sources and Amounts of Funding Anticipated to Complete the Project Fair share contributions from other developers that impact the corridor Estimated Date for Funding to be Deposited in Fund Developer contributions obtained when adjacent properties redevelop. Anticipated Summer/2020 Estimated Beginning Date Fall/2 020 Estimated Completion Date Winter/2021 Annual Report FY2015-16 Trust Fund Activity Balance at 7/1 /2015 Fees Collected Interest Expended Refunded Balance at 6/30/2016 Page I 31 Fisca l Year $50,223 0 $402 0 0 $ 50 ,625 Attachment A Purpose of Inception Expenditure To Date Loans/Transfers Amount $- $50,000 Repayment Date na (est.) $625 0 0 $50,625 Attachment A Dept.: Public Works Project: Interstate 280/Junipero Serra Channel Trail Improvements Local Authority: TM-2011-03: Mitigation PLAN-3 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Interstate 280 /Junipero Serra Channel Trail Improvements fee is to partially fund a feasibility study for a new trail along I-280 /Junipero Serra Channel from N. De Anza Blvd to Calabazas Creek. Public facilities to be funded with the fees were described in: a. Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement-Section 3.13 and TM-2011-03: Mitigation PLAN-3, dated 10/15 /2013 for Tentative Map application ($250,000 collected) b. Cupertino Property Development -Hyatt House -10380 Perimeter Rd : DP-2014-04 : Condition of Approval No. 21, dated October 21, 2014, for Development Permit application ($66,000 collected). 2. A reasonable relationship exists between the I-280/Junipero Serra Channel Trail Improvements fee, and the purpo3'e for which the fee was charged, in that the development in the vicinity of the proposed trail will introduce additional pedestrian and bicycle traffic between the new campus and the existing campus, causing the need to provide additional and alternative routes between the developments . The need for a new trail study , as it was identified during the review of the project, remains, as the study has not yet completed . 3. The sources and amounts of funding anticipated to complete financing of the study are identified below: • Developer Fair-Share Contributions from other projects in the vicinity of the proposed trail location. 4. The approximate dates on which the funding for the bridge improvements is expected to be deposited into the appropriate account are identified on the next page. Page I 32 Attaclunent A Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost 6/30/2016 to be Anticipated be Deposited Date Date Funded to Complete in Fund by Fees the Project Interstate $500,000 $319,650 100% Additional Developer Fall/2018 Winter/2019 280/Junipero Developer contributions Serra Channel Contributions obtained Trail are needed to when Improvements complete the adjacent project properties redevelop. Anticipated Summer/2018 Annual Report Amount of Fee: Contribution equivalent to approximately 60% of the estimated cost of implementation FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activity Year Balance at $251,113 Amount $- 7/1/2015 Fees Collected $66 ,000 $316,000 Repayment Date na ( est.) Interest $2,537 $3,650 Expended 0 0 Refunded 0 0 Balance at $319,650 $319,650 6/30/2016 Page I 33 Attachment A Dept.: Public Works Project: Contribution towards Planned Transportation Project Local Authority: TM-2011-03: Mitigation TRANS-22 Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the Planned Transportation Project fair-share contribution is to fund planned transportation project that would improve traffic operation of the impacted freeway segments and provide added transportation capacity on other freeway facilities. Public facilities to be funded with the fees were described in: a . Apple Campus 2: Ordinance 13-2114: Resolution Approving Apple Campus 2 Development Agreement -Section 3.13 and TM-2011-03: Mitigation TRANS-22, dated 10 /15 /2013 for Tentative Map application ($1,292,215 collected) 2. A reasonable relationship exists between the Planned Transportation Project fair-share contribution and the purpose for which the fee was charged, in that development will introduce additional traffic to freeways in the surrounding areas. Valley Transit Authority has established guidelines for estimating fair-share contributions for these types of impacts, and the established fee for this project conforms to those guidelines . The need remains for improvements to the surrounding freeways, as they were identified during the review of the project. The needed improvements have not yet been completed. Below is a list of the Planned Transportation Projects : • Eliminating the existing bottleneck on southbound I-280 between El Monte Road and Magdalena A venue. • SR 85 Express Lane project (converting the existing HOV lane to a toll lane to allow single occupant vehicles to drive in the HOV lane for a fee) between Mountain View and San Jose. • Either the Bus Rapid Transit (BRT) stations proposed within Cupertino , or an alternative improvement or study towards the improvement of the impacted I-280 corridor or a parallel corridor that would provide capacity. 3 . The sources and amounts of funding anticipated to complete financing of the necessary improvements will be identified by Valley Transportation Authority . 4. The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified on the next page. Page I 34 Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Project Description Planned Transportation Project fair- share contribution Annual Report Total Estimated Cost To be identified byVTA Fund Balance 6/30/2016 $1 ,270 ,139 % Expected to be Funded by Fees 100% Sources and Amounts of Funding Anticipated to Complete the Project To be identified by VTA Estimated Date for Funding to be Deposited in Fund When adequate funds have been acquired by the VTA to begin the project. Anticipated Summer/ 2018 Attachment A Estimated Beginning Date Fall/2018 Estimated Completion Date Fall/2019 Amount of Fee: Based on Fair-Share Contribution assessed by Environmental Impact Report FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers Activit~ Year Balance at $i ,297,972 Amount $- 7/1 /2015 Fees Collected 0 $1 ,292 ,215 Repayment Date na ( est.) Interest $10,384 $16,141 Expended ($38 ,217) ($38 ,217) Per Agreement with VTA Refunded 0 0 Balance at $1 ,270 ,139 $1,270 ,139 6/30/2016 Page j 35 Attachment A Dept.: Public Works Project: Contribution towards Monta Vista Street Improvement Project Local Authority: Installation Agreement -10104 Byrne A venue: Santa Clara County Recorded Document 23316184 , Exhibit C, Part G Five Year Reporting & Findings Requirement: Provided for information only. Five years have not elapsed since initial deposit. 1. The purpose of the contribution toward the Monta Vista Street Improvement Project is to enable the City to construct improvements along the property frontage in conjunction with the overall Capital Improvement Project being undertaken by the City. Public facilities to be funded with City 's General Fund and the contribution described in: a. Installation Agreement -10104 Byrne Ave : Santa Clara County Recorde d Document 23316184 , Exhibit C , Part G, dated 5/25 /2016 , for Building Permit Application ($34,395 collected) 2. A reasonable relationship exists between the Monta Vista Street Improvement Project and the purpose for which the contribution was accepted, in that the development of 10104 Byrne Av enue is required to construct the improvements as a condition of the Building Permit , per Cupertino Municipal Code Section 14.04 . The contribution was accepted by the City in order to allow the developer to share in the construction cost savings that a larger project, such as the City 's Capital Improvement Project, offers. 3. The sources and amount s of funding anticipated to complete financing of the Monta Vista Street Improvement Project are anticipated to be funded by the Cupertino General Fund. 4 . The approximate dates on which the funding for the improvements is expected to be deposited into the appropriate account are identified below . Five-Year Report Incomplete Project that Was Identified When Imposing the Fee: Sources and Estimated Total Fund % Amounts of Date for Estimated Estimated Project Estimated Balance Expected Funding Funding to Beginning Completion Description Cost 6/30/2016 to be Anticipated be Deposited Date Date Funded to Complete in Fund by Fees the Project Ma nta Vi sta $1,88 0 ,000 $34 ,441 2% Cup ertino Summ er/2 01 8 Win te r/2 019 Sp rin g/2 019 Stree t General Fund Imp rove ment is anti c ip ated Proj ec t to co mpl ete project fundin g Page I 36 Attachment A Annual Report Amount of Fee: Based on Fair-Share Contribution assessed by engineer's cost estimate FY2015-16 Purpose of Inception Trust Fund Fiscal Expenditure To Date Loans/Transfers ActivitI Year Balance at 0 Amount $ - 7/1 /2015 Fees Collected $34,395 $34 ,395 Repayment Date na (est.) Interest $46 $46 Expended 0 0 Refunded 0 0 Balance at $34,441 $34 ,441 6/30/2016 Page I 37