Title
Department of Transportation recommending the Board receive and file Annual Mitigation Fee Act Reports for Fiscal Year 2022-23:
1) The Traffic Impact Fee Program in compliance with California Government Code Section 66006;
2) The Community Benefit Fee according to the Alto, LLC Development Agreement in compliance with California Government Code Sections 65865(e) and 66006;
3) The Developer fee programs of: Bar J, Marble Valley, Serrano J7 Frontage Improvement, Bass Lake Hills Specific Plan Public Facilities Plan, Bass Lake Overlay, and Cool General Retail in compliance with California Government Code Sections 66006;
4) The Intelligent Transportation System Program in compliance with California Government Code Sections 66006; and
5) Adopt and authorize the Chair to sign Resolution 198-2023 making certain findings under California Government Code Section 66001(d) related to the development impact mitigation fee program.
FUNDING: Fee Programs.
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DISCUSSION / BACKGROUND
Pursuant to Section 66006 of the California Government Code, Mitigation Fee Act, the County is required to make available annually to the public specific information related to the prior Fiscal 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 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-1 thru C-9 - Cash statements
- 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)),
- Approximate date by which construction will commence (Section 66006(b)(1)(F)),
- A summary of loans or interfund transfer activity during the Fiscal Year, and
- Total refunds and other adjustments (Section 66006(b)(1)(H)).
Attachment D - Findings under Section 66001(d)(1).
The Mitigation Fee Act (Cal. Gov. Code §66000 et. seq.) requires the County to make periodic findings related to the unexpended balances of development impact fees under Government Code section 66001(d)(1). The attached Resolution (Attachment D) makes findings for selected TIF funds under Government Code section 66001(d)(1).
Department of Transportation will post the annual report information contained in Attachments A, B and C for Fiscal Year 2022-23 to the Department's website to comply with the 15-day public notice requirement of Section 66006(b)(2). Links will also be provided from the AB 1483/AB 602 webpage (https://www.edcgov.us/Government/planning/AB-1483-Reporting).
ALTERNATIVES
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Chief Administrative Office, Community Development Finance and Administration
CAO RECOMMENDATION
Approve as recommended.
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
Clerk of the Board to receive and file the Annual Report following Board approval.
Following approval of the Resolution, obtain Chair’s signature on the Resolution and post executed Resolution to the Legistar item 23-1409.
STRATEGIC PLAN COMPONENT
Infrastructure
CONTACT
Rafael Martinez, Director
Department of Transportation
Becky Morton, Chief Fiscal Officer
Chief Administrative Office, Community Development Finance and Administration