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C. 12
To: Contra Costa County Flood Control District Board of Supervisors
From: Brian M. Balbas, Public Works Director/Chief Engineer
Date: January  5, 2021
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Accept the Drainage Area Fee Program Annual Report, Countywide.

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   01/05/2021
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Michelle Cordis, (925) 313-2381
cc: Allison Knapp, Deputy Chief Engineer     Tim Jensen, Flood Control     Michelle Cordis, Flood Control     Patrick Melgar, Flood Control     Catherine Windham, Flood Control    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     January  5, 2021
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

ACCEPT the Contra Costa County Flood Control and Water Conservation District (Flood Control District) Drainage Area Fee Program Annual Report (Report) for fiscal year 2019/20, as recommended by the Chief Engineer, Flood Control District, Countywide.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The purpose of the Report is for transparency and record-keeping; Flood Control District staff produces this Drainage Area Fee Annual Report as a best practice. The Flood Control District uses requirements listed in California Government Code Section 66006 and others listed below as the guide for this Report.  
  





BACKGROUND: (CONT'D)
In conjunction with state law requirements that apply to impact fees paid in connection with the approval of a development project, California State legislation set certain legal and procedural parameters for the charging of development impact fees. This legislation was passed as AB1600 by the California Legislature and is now codified as California Government Code Sections (GC §) 66000 through 66025 (the “Mitigation Fee Act”). The Mitigation Fee Act imposes requirements on local agencies related to the accounting of fee revenues and expenditures. The Flood Control District’s Drainage Area Fee Program consists of approximately 50 separate fee areas or boundaries throughout Contra Costa County, each with a separate list of eligible projects and a separate account to ensure that revenue collected from developments within a specific drainage area boundary will be spent specifically for projects identified within that drainage area.  
  
The Flood Control District Act (FCD Act) authorizes the Flood Control District to set up drainage areas and associated fees (Section 12.2, FCD Act). The Flood Control District is not the approving local agency of development projects. The typical approving local agency is the city in which the development is located or the county when in an unincorporated area. The Flood Control District recommends to the local approving agency to collect a fee to support drainage infrastructure if the development is within a formed drainage area. The fee is described in each drainage area’s ordinance that is approved by the County Board of Supervisors. The Flood Control District has an agreement with each city for each city to collect the fee on behalf of the Flood Control District during the typical land development process and approval.  
  
The attached Report provides accounting information for each of the drainage areas and is current as of the end of fiscal year 2019/20.

CONSEQUENCE OF NEGATIVE ACTION:

The Report would not be accepted.

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