Agenda

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C. 7

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	December 18, 2018

Contra

Costa

County

Subject:

ACCEPT the County's Development Impact Fee ECRAOB five-year and FY 17/18 program report, East County.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/18/2018

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:

Mary Halle, 925.313.2327

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: December 18, 2018
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE the East County Regional Area of Benefit (ECRAOB) Annual Report for fiscal year 2017/2018 and Fifth Year Mitigation Fee Report for fiscal years 2013/2014 through 2017/2018 (the “Report”), as recommended by the Public Works Director, Antioch, Brentwood, Byron, Discovery Bay West, Knightsen, Pittsburg, and Oakley areas. (District III)


ADOPT the findings required by Government Code section 66001(d)(1) for unexpended ECRAOB fees, as set forth in Section III of the Report.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

Contra Costa County imposes Area of Benefit (AOB) fees on new development within 15 separate AOBs in unincorporated Contra Costa County, pursuant to Government Code sections 66000 through 66025, 66484, and 66484.7. The AOB program is a traffic fee mitigation program imposed to recover new development’s proportional share of the costs of transportation improvements required to meet transportation demands within the AOB. The specific transportation improvements required within each AOB, the costs of those improvements, and new development’s proportional share of those costs, are more particularly described in the most recent Nexus Study report for each AOB. Nexus Studies for all AOBs are on file with the Public Works Department.

The ECRAOB includes portions of unincorporated Contra Costa County in the Antioch, Brentwood, Byron, Discovery Bay, Knightsen, Pittsburg, and Oakley areas. On December 17, 2013, the Board of Supervisors adopted Ordinance No. 2013-26 to re-adopt the boundaries of the ECRAOB and to impose transportation mitigation fees on new development within the ECRAOB to fund transportation improvements on project list. The Board also adopted Resolution No. 2013/472, to approve the Development Program Report and Nexus Study in support of Ordinance No. 2013-26. The Development Program Report and Nexus Study in support of Ordinance No. 2013-26 more particularly describe the fee program and the projects on the project list.

Government Code section 66001(d)(1) requires the County to make specific findings related to AOB fees, projects, and funds following the fifth fiscal year after monies are first deposited in an AOB fee account. Government Code section 66001(d)(2) requires these findings to be made in connection with providing information required to be released for that fifth fiscal year, in accordance with Government Code section 66006(b)(1).

The Public Works Department prepared the Development Impact Traffic Fee Five-Year Report for ECRAOB fiscal years 2013/2014 through 2017/2018 to satisfy reporting requirements of Government Code sections 66001(d)(1) 66006(b)(1) that apply to collection and accounting of AOB fee revenues. The Report was made available at the Clerk of the Board’s office at least 15 days before the Board meeting, in accordance with Government Code section 66006(b)(2). Public Works Department staff recommends that the Board approve the Report, make the findings included in the Report based on the information in the Report, and approve the Fiscal Year 2017/2018 information included in the Report, all in accordance with Government Code sections 66001(d) and 66006(b).

CONSEQUENCE OF NEGATIVE ACTION:

The required findings would not be made and the required information would not be provided at this time.