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C. 3

To:	Board of Supervisors
From:	Brian M. Balbas, Public Works Director/Chief Engineer
Date:	December 6, 2022

Contra

Costa

County

Subject:

ACCEPT the County's South County Area of Benefit Development Impact Fee Five-Year Program Report for FY 21/22, South County area.

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/06/2022

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:

Jeff Valeros, 925.313.2031

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 6, 2022
Monica Nino, County Administrator

BY:	, Deputy

RECOMMENDATION(S):

ACCEPT the County’s South County Area of Benefit (AOB) Development Impact Fee Five-Year Program Report (Report) for fiscal years 2017/2018 through 2021/2022, as recommended by the Public Works Director, South County area. (Districts II and III)


FIND that:

RECOMMENDATION(S): (CONT'D)

A. The Report describes the types of fees contained in the South County Area of Benefit Fund (Fund no. 1270) including the amount of the fees, the beginning and ending balance of the Capital Facilities Fund, as well as the amount of fees collected, and the interest earned thereon.

B. The Report identifies each public improvement on which South County AOB fees were expended, and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with South County AOB Fees.

C. As described in the Report, sufficient funds have not been collected to complete the financing on incomplete public improvements to be funded with South County AOB fees.

D. There were no interfund transfers or loans made from the Fund.

E. Sufficient funds have not been collected to complete the financing of any incomplete public improvements on the South County AOB project list, as described in the Report, and there were no refunds made of South County AOB fees.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

Contra Costa County imposes Area of Benefit fees on new development within 14 separate Areas of Benefit 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 and Development Program Report (DPR) for each AOB. Nexus Studies and DPRs for all AOBs are on file with the Public Works Department.

The South County AOB includes portions of unincorporated Contra Costa County in the South County area. On August 6, 1996, the Board of Supervisors adopted Ordinance No. 1996-27 to readopt the boundaries of the South County AOB and to impose transportation mitigation fees on new development within the South County AOB to fund transportation improvements on the project list. The DPR in support of Ordinance No. 1996-27 more particularly describes 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 South County AOB fiscal years 2017/2018 through 2021/2022 to satisfy reporting requirements of Government Code sections 66001(d)(1) and 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 accept the Report, make the findings included in the Report based on the information in the Report, and accept the fiscal years 2017/2018 through 2021/2022 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.