To: Board of Supervisors
From: Warren Lai, Public Works Director/Chief Engineer
Report Title: HEARING to consider adding 18 projects to the East Contra Costa Regional Fee and Financing Authority’s Project List, East County Area.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing to consider (a) adoption of Ordinance No. 2024-18, to amend Ordinance No. 2005-18, as previously amended by Ordinance No. 2021-03, to add 18 new regional transportation projects (“Projects”) to the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) project list, with no changes to ECCRFFA fees or the area in which fees are collected, and to adopt the May 2024 Draft Final Report East Contra Costa Regional Fee Program Update, a nexus study, (“2024 Program Update”) and (b) approving a related fifth amendment to the ECCRFFA joint exercise of powers agreement (“Fifth ECCRFFA JEPA Amendment”); RECEIVE public comments; CONSIDER all objections and protests received by the Clerk of the Board of Supervisors; and CLOSE the public hearing.
2. DETERMINE, in accordance with Ordinance Code section 913-6.016, that the County did not receive protests from owners of more than one half of the area of the property within the unincorporated area in ECCRFFA’s jurisdiction, and therefore a majority protest does not exist.
3. APPROVE and AUTHORIZE the County Administrator, to execute, on behalf of the County, the Fifth ECCRFFA JEPA Amendment.
4. ADOPT Ordinance No. 2024-18 to amend Ordinance No. 2005-18, as previously amended by Ordinance No. 2021-03, to add the Projects to ECCRFFA’s project list, with no changes to ECCRFFA fees or the area in which fees are collected, and to adopt the 2024 Program Update.
5. FIND that the 2024 Program Update meets the requirements of a development program report included in Chapter 913-6 of the Ordinance Code.
6. ADOPT the attached Resolution to adopt the 2024 Program Update for the Projects.
7. DETERMINE that the adoption of Ordinance No. 2024-18 and the attached Resolution, and the approval of the Fifth ECCRFFA JEPA Amendment, are exempt from environmental review under the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment.
8. DIRECT the Conservation and Development Director, or designee, to file a CEQA Notice of Exemption with the County Clerk-Recorder and the State Clearinghouse; and DIRECT the Public Works Director, or designee, to arrange for payment of the $25 handling fee to the Department of Conservation and Development for processing, and $50 filing fee to the County Clerk for filing the Notice of Exemption.
9. DIRECT the Clerk of the Board of Supervisors to record certified copies of Ordinance No. 2024-18 and the attached Resolution in the Official Records of the Contra Costa County Clerk-Recorder.
FISCAL IMPACT:
The Notice of Exemption will be charged 100% to the ECCRFFA Fee Admin fund 828500
BACKGROUND:
Background of ECCRFFA Program and Earlier Updates
On August 9, 1994, the Cities of Antioch, Brentwood, and Pittsburg, together with the County of Contra Costa, entered into a Joint Exercise of Powers Agreement (“Agreement”) to form the East Contra Costa Regional Fee and Financing Authority (ECCRFFA). The Agreement established a Uniform Regional Development Fee Program to fund transportation improvement projects in the East County area. With the incorporation of the City of Oakley in 1999, the Agreement was amended to add Oakley as an additional member of the Authority. The four Cities listed above, and the County are the “Member Agencies” of ECCRFFA.
The ECCRFFA fees were calculated to reflect new development’s proportional share of the cost of various regional transportation improvements within ECCRFFA’s jurisdiction, such as the State Route 4 (SR4) Bypass and the widening of SR4 through Pittsburg and Antioch. ECCRFFA conducted an update of the fee program in 2001 to help fund an expanded list of regional transportation improvements.
In the summer of 2005, ECCRFFA completed a comprehensive update of its Regional Transportation Development Impact Mitigation (RTDIM) Fee Program or ECCRFFA Fee Program. In June 2005, the ECCRFFA Board approved the East Contra Costa Regional Fee Program Update Final Report (“2005 Program Update”) prepared by Fehr & Peers, and each of the five member jurisdictions, including the County, adopted an updated set of fees pursuant to that report. The County subsequently adopted Ordinance No. 2005-18 to impose RTDIM fees within the unincorporated areas of the County to fund the projects in the 2005 Program Update. The ECCRFFA joint exercise of powers agreement (“JEPA”) was amended to add the projects in the 2005 Program Update to the ECCRFFA Project list. Later, a Third Amendment to the ECCRFFA JEPA was approved to prioritize the James Donlon Extension Project as a Third Priority Project, among other actions.
In 2020, the ECCRFFA Board approved the East Contra Costa Regional Fee Program Update (“2020 Update”) to add the Sand Creek Extension Project to the ECCRFFA project list. The Board of Supervisors subsequently adopted Ordinance No. 2021-03 and approved a Fourth Amendment to the JEPA to add the Sand Creek Extension Project to the project list, with no change in RTDIM fees. A later action of the ECCRFFA Board prioritized that project for funding ahead of James Donlon.
2024 East Contra Costa Regional Fee Program Update
Since the current ECCRFFA project list was defined in the 2005 nexus study and updated in 2020-2021, ECCRFFA’s member agencies conducted planning work and defined investment priorities to accommodate the ongoing population and employment growth that continues to occur in East County. The attached May 2024 Draft Final Report East Contra Costa Regional Fee Program Update (“2024 Program Update”) evaluates the addition of 18 new regional transportation projects into the ECCRFFA Program that have been provided by the member agencies as being recommended through recent East County planning processes, and determines new development’s proportional share of the cost of these additional projects. Although the 2024 Program Update would support an increase in ECCRFFA’s RTDIM fees, there will be no increase in the amount of ECCRFFA RTDIM fees as a result of the actions listed above. This will allow all of the new projects to be eligible for funding from future collection of ECCRFFA fees with no change to the amount of fees new development would currently pay.
2024 ECCRFFA Board Actions and Staff Recommendation
On June 13, 2024, the ECCRFFA Board of Directors adopted ECCRFFA Resolution 2024/01 to adopt the 2024 Program Update (a nexus study) and recommend ECCRFFA member agencies adopt the update, adopt updates to their fee ordinances and resolutions to add the new 18 projects to the project list, and approve a fifth amendment to the ECCRFFA JEPA, among other actions. The resolution deprioritized the James Donlon Extension project and member agencies anticipated new Pittsburg projects would be prioritized in its place through the Board’s strategic planning process. Pittsburg voted against the adoption of the resolution because new prioritization was not reflected in the JEPA. A unanimous Board must approve the program update if it affects the priority of the James Donlon Extension project.
Later, on August 8, 2024, the ECCRFFA Board of Directors adopted ECCRFFA Resolution 2024.01, recommending member agencies approve a revised fifth amendment to the ECCRFFA JEPA. The revised fifth amendment replaces the James Donlon Extension as the third priority project with two new projects in Pittsburg and allocates funds that had been reserved for James Donlon Extension project to these two new substitute projects. The priority of the two new projects is reflected in the JEPA, and, because they are existing projects on the ECCRFFA project list, they can be funded with funds reserved for the James Donlon Extension project. The James Donlon Extension project will remain on the ECCRFFA project list but without any particular priority. The actions taken by ECCRFFA recommend no change in RTDIM fees imposed within member agencies’ jurisdictions.
Public Works Department staff recommend that the Board take each of the actions listed above. Notice of the hearing was published in accordance with Government Code sections 65091, 66484 and 66016.5, Ordinance Code section 913-6.014, and other applicable laws.
CONSEQUENCE OF NEGATIVE ACTION:
The ECCRFFA program update would not be approved if any member agency fails to adopt the 2024 Program Update, amend its fee ordinance or resolution, and approve the fifth amendment to the ECCRFFA JEPA. As a consequence, ECCRFFA RTDIM fees could not be used to fund any of the 18 new projects evaluated in the 2024 Program Update, which are necessary to mitigate the transportation impacts created by new development in ECCRFFA’s jurisdiction through 2040.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
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IN THE MATTER OF the adoption of Contra Costa County Ordinance No. 2024-18, to add 18 new projects to the list of East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) projects, with no changes to the ECCRFFA fees or the area in which they are collected.
WHEREAS, Contra Costa County is a member agency of the ECCRFFA; and
WHEREAS, in accordance with Government Code section 66016.5, notice of the October 8, 2024 public hearing before the Board of Supervisors was published in the East Bay Times 30 days in advance of the hearing, and a separate noticing meeting the requirements of Division 913 of the County Ordinance Code was published in the East Bay Times at least 10 days before the hearing; and
WHEREAS, the Board of Supervisors conducted a public hearing on October 8, 2024, to consider the adoption of Ordinance No. 2024-18, to add 18 new projects as regional transportation improvements that will be funded with ECCRFFA fees, with no changes to ECCRFFA’s fees or the area in which they are collected; and
WHEREAS, at the conclusion of said hearing, the Board of Supervisors’ approval made no changes to the boundaries of ECCRFFA, and made no changes to the ECCRFFA fees last approved in 2005; and
WHEREAS, the unincorporated area within ECCRFFA’s jurisdiction, the costs of the proposed improvements, and the method of fee apportionment are as set forth in the May 2024 Draft Final Report East Contra Costa Regional Fee Program Update, a nexus study, (“2024 Program Update”) dated May 2024, prepared by Fehr and Pehrs, attached hereto as Exhibit 1; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby:
1. ADOPTS the 2024 Program Update. The 2024 Program Update is attached hereto as Exhibit 1.
2. INCORPORATES by reference the following, which were established at the hearing described above:
A. The boundaries of ECCRFFA’s jurisdiction, including within unincorporated Contra Costa County, in which ECCRFFA Fees are imposed, is depicted on the map included in the 2024 Program Update.
B. The estimated costs of the thoroughfare improvements to be funded with revenue from the ECCRFFA Fees, as more particularly set forth in the 2024 Program Update; and
C. The method of appointment of the ECCRFFA Fees, as more particularly described in the 2024 Program Update staff report in support of Ordinance No. 2024-18. However, the ECCRFFA Fees, and the method of fee apportionment, remain unchanged since the ECCRFFA fees and method of fee apportionment were last established in Contra Costa County Ordinance No. 2005-18.