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File #: 17-1294    Version: 1
Type: Agenda Item Status: Approved
File created: 11/17/2017 In control: Board of Supervisors
On agenda: 12/19/2017 Final action: 12/19/2017
Title: Community Development Services, Planning and Building Department, recommending the Board: 1) Receive and file the Annual Reports for Fiscal Year 2016/17 for the Ecological Preserve Fee and Oak Woodland Conservation Fee Programs in compliance with California Government Code Section 66006; and 2) Receive and file the Annual Report for Fiscal Year 2016/17 for the Community Benefit Fee associated with the Alto, LLC Development Agreement in compliance with California Government Code Sections 65865(e) and 66006. FUNDING: Ecological Preserve Fees, Oak Woodland Conservation Fees, and developer funding.
Attachments: 1. A - Attachment A 12-19-17, 2. B - Attachment B 12-19-17, 3. C - Attachment C 12-19-17

Title

Community Development Services, Planning and Building Department, recommending the Board:

1) Receive and file the Annual Reports for Fiscal Year 2016/17 for the Ecological Preserve Fee and Oak Woodland Conservation Fee Programs in compliance with California Government Code Section 66006; and

2) Receive and file the Annual Report for Fiscal Year 2016/17 for the Community Benefit Fee associated with the Alto, LLC Development Agreement in compliance with California Government Code Sections 65865(e) and 66006.

 

FUNDING:  Ecological Preserve Fees, Oak Woodland Conservation Fees, and developer funding.

Body

DEPARTMENT RECOMMENDATION: 

Community Development Services, Administration and Finance Division, recommending the Board:  1) Receive and file the Annual Reports for Fiscal Year 2016/17 for the Ecological Preserve Fee and Oak Woodland Conservation Fee Programs in compliance with California Government Code Section 66006; and  2) Receive and file the Annual Report for Fiscal Year 2016/17 for the Community Benefit Fee associated with the Alto, LLC Development Agreement in compliance with California Government Code Sections 65865(e) and 66006.

 

DISCUSSION / BACKGROUND

Ecological Preserve Fee and Oak Woodland Conservation Fee Programs

Pursuant to Section 66006 of the California Government Code, the County is required to make available to the public specific information related to the prior year's activity for the County's mitigation fee programs.  Attachments A, B, and C provide the information required by Section 66006 for the County's Ecological Preserve Fee and Oak Woodland Mitigation Fee programs:

 

Attachment A - A brief description of the fee programs (Section 66006(b)(1)(A))

 

Attachment B - Fee schedules (Section 66006(b)(1)(B))

 

Attachment C - Cash statement

 - The beginning and ending balance of the accounts, (Section 66006(b)(1)(C)),

 - The total fees collected (Section 66006(b)(1)(D)),

 - Total interest earned in the funds (Section 66006(b)(1)(D)),

 - Identification of expenditures for the accounts (Section 66006(b)(1)(E)), and

 - Total refunds and other adjustments (Section 66006(b)(1)(H)).

 

Section 66006(b)(1)(F) requires an identification of an approximate date by which the construction of the public improvement will commence.  The Ecological Preserve Fee and Oak Woodland Conservation Fee Programs are designed to acquire land for mitigation and do not include construction of public improvements.  Therefore, there is no approximate date by which construction of a public improvement would commence and no information to disclose in the annual report.

 

Alto, LLC Development Agreement Community Benefit Fee

The Alto development is a tentative subdivision for twenty-three (23) residential lots on an eighty-one (81) acre site identified as Assessor's parcel number 126-100-19 approved May 5, 2009.  On June 24, 2014 the Board approved Ordinance 5009 approving Development Agreement (DA) 13-0001 with Alto, LLC.  Section 4.01 of the DA required the Alto, LLC to contribute $30,000.00 for the County to use in its discretion toward a public benefit for the community.  County received $30,000.00 on July 25, 2014 which was subsequently deposited into special revenue fund 7730304-Road Construction Improvement In Lieu Fee to be used for potential road improvements in the Green Valley Road area.  Pursuant to Section 65865(e) of the California Government Code, the County is required to comply with Section 66006 of the California Government Code with respect to any fee it receives through terms of a developer agreement.  Attachments A through C listed above includes all required information for the Community Benefit Fee.

 

Community Development Services has posted the annual report information contained in Attachments A through C to the Development Services Departments' website to comply with the 15 day public notice requirement of Section 66006(b)(2).

 

ALTERNATIVES

N/A

 

OTHER DEPARTMENT / AGENCY INVOLVEMENT

N/A

 

CAO RECOMMENDATION

It is recommended that the Board approve this item.

 

FINANCIAL IMPACT

The annual reports are informational and there is no associated fiscal impact or change to Net County Cost.

 

CLERK OF THE BOARD FOLLOW UP ACTION

N/A

 

STRATEGIC PLAN COMPONENT

Good Governance

 

CONTACT

Roger Trout, Director of Planning and Building Department

 

Ruth Young, Chief Fiscal Officer

Community Development Services, Administration and Finance Division