To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: Five-Year Program Reports for FY 19/20 through 23/24 for the Briones Area of Benefit (AOB), Hercules/Rodeo/Crockett AOB, and Martinez AOB Development Impact Fees, Briones, Rodeo, Crockett, and Martinez areas.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ACCEPT the Five-Year Program Reports (Reports) for fiscal years 2019/2020 through 2023/2024 for the Briones Area of Benefit (AOB), Hercules/Rodeo/Crockett AOB, and Martinez AOB Development Impact Fees, as recommended by the Public Works Director, Briones, Rodeo, Crockett, and Martinez areas. (Districts I and V)
FIND, pursuant to Government Code section 66001(d)(1) and 66006 and as more particularly described in each Report, as follows:
A. The Reports describe the types of fees contained in the Briones AOB Fund (Fund No. 1241), Hercules/Rodeo/Crockett AOB Fund (Fund No. 1231), and Martinez AOB Fund (Fund No. 1240), 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 Reports demonstrate a reasonable relationship between the fees imposed in the Briones AOB, Hercules/Rodeo/Crockett AOB, and Martinez AOB, and the purposes for which those fees are charged.
C. The Report identifies all known and anticipated sources and amounts of funding anticipated to complete financing incomplete improvements identified in the Reports.
D. The Reports designate, where possible, the approximate dates on which funding is expected to be deposited into the AOB accounts to fund incomplete projects.
E. The Reports identify the purpose of each of the AOB’s fees, each public improvement on which Briones AOB, Hercules/Rodeo/Crockett AOB, and Martinez AOB fees were expended, and the amount of the expenditures on each improvement, including the total proportion or percentage of the cost of the public improvement that was funded with Briones AOB, Hercules/Rodeo/Crockett AOB, and Martinez AOB fees.
F. As described in the Reports, sufficient funds have not been collected to complete the financing on incomplete public improvements to be funded with Briones AOB, Hercules/Rodeo/Crockett AOB, and Martinez AOB fees.
G. There were no interfund transfers or loans made from the Funds.
H. Sufficient funds have not been collected to complete the financing of any incomplete public improvements on the Briones AOB, Hercules/Rodeo/Crockett AOB, and Martinez AOB project lists, as described in the Reports, and there were no refunds made of Briones AOB, Hercules/Rodeo/Crockett AOB, nor Martinez AOB fees.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Contra Costa County imposes area of benefit (AOB) 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, and Division 913 of the County Ordinance Code. 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 Development Program Report (DPR) for each AOB. The DPRs and supporting documentation for all AOBs are on file with the Public Works Department.
The Briones AOB and Hercules/Rodeo/Crocket AOB include portions of unincorporated Contra Costa County in the Briones and Rodeo/Crockett areas, respectively. On March 15, 1988, the Board of Supervisors adopted Ordinance No. 88-27 to adopt the boundaries of the Countywide AOB and to impose transportation mitigation fees on new development within unincorporated Contra Costa County, including the area within the Briones AOB and Hercules/Rodeo/Crockett AOB, to fund transportation improvements on the project lists. On March 9, 1993, Resolution No. 93/104 divided the Countywide AOB into seven separate traffic mitigation fee programs, which included the Briones AOB and Hercules/Rodeo/Crockett AOB. The DPR in support of Resolution No. 93/104 more particularly describes the fee program and the projects on the project list.
The Martinez AOB includes portions of unincorporated Contra Costa County in the Martinez area. On August 8, 1995, the Board of Supervisors adopted Ordinance No. 95-38 to adopt the boundaries of the Martinez AOB and to impose transportation mitigation fees on new development within the Martinez AOB to fund transportation improvements on the project list. The DPR in support of Ordinance No. 95-38 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 Program Reports for the Briones AOB, Hercules/Rodeo/Crockett AOB, and Martinez AOB for fiscal years 2019/2020 through 2023/2024 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 Reports were 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 Reports, make the findings included in the Reports based on the information in the Reports, and accept the fiscal years 2019/2020 through 2023/2024 information included in the Reports, 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.