HomeMy WebLinkAboutMINUTES - 03182008 - C.46 TO:. Board of Supervisors
Contra
FROM: Transportation, Water and Infrastructure Committee
I— Costa
(Supervisor Gayle B. Uilkema, Chair) . o�
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DATE: March 10, 2008 Count r" °°°"�` Y
SUBJECT: Support for AB 2971
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT a "Support, Sponsored Bill" position for ;IAB' 2971 (DeSaulnier, D-Concord) and
AUTHORIZE the Chair.to sign a .letter to Assemblymember DeSaulnier thanking him for
introducing the bill on behalf of the County. f,
FISCAL IMPACT
NONE to the General Fund. If passed, the bill will provide local jurisdictions with more flexibility
in the use of traffic impact mitigation fees on new development.
BACKGROUND/REASONS FOR'RECOMMENDATIONS
The County participates in several programs which assess traffic impact mitigation fees on new
development. These programs include the uniform regional fee,programs,in East County,West
County, South County and the Tri Valley area, and the County's own Area of Benefit(AOB)fee
programs in unincorporated areas. We base our legal authority to charge these impact fees on
state legislation known as the Subdivision Map Act, The Act specifically restricts the use of
these impact fee revenues to improvements on major roads and bridges.The County seeks to
broaden the eligible use of these revenues to othertransportation impact mitigations as well,
such as pedestrian improvements, bus turnouts and shelters, bicycle facilities, and traffic-
calming modifications to roads and intersections, tolname a few.
CONTINUED ON ATTACHMENT: X YES
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATUR S : u ervisor ale B. Uitkema i Supervisor uMary N. Piepho
ACTION OF BOARD ONCI, �$ � APPROVED AS RECOMMENDED 07HER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
/ CORRECT COPY OF AN ACTION TAKEN AND
J UNANIMOUS (ABSENT ) ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
Contact: John Greitzer/ (925/335-1201) ATTESTED �
cc: Community Development Department (CDD) JOHN CULLEN, CLERK OF
L. Delaney, County Administrator's Office THE BOARD OF SUPERVISORS
S. Kowalewski, Public Works Department AND COUNTY ADMINISTRATOR
D. Schmidt, County Counsel's Office BY + DEPUTY
G:\Transportation\Committees\TWIC\2008\Board Orders\March 18 AB 2971.doc '
AB 2971
MARCH 10, 2008
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued)
These other types of transportation mitigations are particularly important in older, developed
areas of the County where there is no room to build new roads or bridges to mitigate impacts of
development. In these areas, where development proposals often are for infill or redevelopment
projects, other types of mitigations are called for. l
This.concept, broadening the eligible uses of transportation impact fee revenues, is included in
the County's State Legislative Platform for 2008, which was adopted by the Board . of
Supervisors in December 2007.
Assemblymember Mark DeSaulnier has introduced AB 2971 to accomplish the County's goal on
this issue. The bill is currently in the Assembly.
The Transportation, Water and Infrastructure Committee reviewed the bill at its March 10
meeting and recommends the Board adopt a "Support, Sponsored Billed" position on the bill.
The Committee also recommends the Board authorize the Chair to sign a letter to
.Assemblymember DeSaulnier, expressing support for the bill and thanking him for his efforts on
the County's behalf.
The full text of AB 2971. is included as Exhibit A.
The draft letter for the Chain's signature is included as Exhibit B.
EXHIBIT A
CALIFORNIA LEGISLATURE-2007-08 REGULAR SESSION
ASSEMBLY BILL No. 2971
Introduced by Assembly Member DeSaulnier
February 22, 2008
An act to amend Section 66484 of the Government Code,relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2971, as introduced, DeSaulnier. Fees: construction of bridges
and major thoroughfares.
The Subdivision Map Act authorizes a local agency to require the
payment of a fee as a condition of approval of a final map or as a
condition of issuing a building permit for purposes of defraying the
actual or estimated cost of constructing bridges or major thoroughfares
if specified conditions are met. The fees collected are deposited in a
planned bridge or major thoroughfare fund.
This bill would authorize a local agency to require the payment of a
fee,as specified,as a condition of issuing a building permit for purposes
of defraying the actual or estimated cost of constructing other .
.transportation facilities, including pedestrian, bicycle, transit, and
traffic-calming facilities, if specified conditions are met. The fees
collected would be deposited in a multimodal fund.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 66484 of the Government Code is
2 amended to read:
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2-1 66484. (a) A local ordinance may require the payment of a
2 fee as a condition of approval of a'final map or as a condition;of
3 issuing a building permit for purposes of defraying the actualor
4 estimated cost of constructing bridges over waterways;railways,
5 freeways, and canyons,-er constructing major thoroughfares, or.
6 constructing other transportation facilities, including pedestrian,
7 bicycle, transit, and traffic-calming facilities. The ordinance may
8 require payment of fees pursuant to this section if Miall of the
9 following requirements are satisfied:
10 (1) The ordinance refers to the circulation element of the general
11 plan and, in the case of bridges, oto the transportation or flood
12 control provisions thereof-w4tieh that identify railways;`freeways,
13 streams,or canyons for which bridge crossings are required on the
14 general plan or local roads-and, in the case of major thoroughfares,
15 to the provisions of the circulation element .-- en that identify
16 those major thoroughfares whosej,'primary purpose is to carry
17 through traffic and provide a network connecting to; the state
18 highway system, and in the case ofother transportation facilities,
19 to the provisions of the circulation element that idents those.
20 pedestrian, bicycle, transit, and traffic-calming facilities that are
21 required to minimize the use of automobiles and minimize the
22 traffic impacts of nein, development on existing roads, if the
23 circulation element,transportation or flood control proviisions have
24 been adopted by the local agency 30 days prior to the filing of a
'25 map or application for a building permit.
26 (2) The ordinance provides that,there will be a public hearing
27 held by the governing body for each area-benefifed benefitted.
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28 Notice shall be given pursuant to Section 65091 and shall include
29 preliminary information related tol�the boundaries of the area':of
30 benefit,estimated cost,and the method of fee apportionment.The
31 area of benefit may include land or improvements in addition;to
32 the land or improvements whieh that are the subject of any map
33 or building permit application considered at theproceedings.
34 (3) The ordinance provides that at the public hearing, the
35 boundaries of the area of'benefit, the costs, whetherl'�.actual or
36 estimated, and a fair method of allocation of costs to the area,of
37 benefit and fee apportionment are established. The method of fee
38 apportionment,in the case of major thoroughfares,shall not provide
39 for higher fees on land-whieh that abuts-the proposed improvement
40 except where the abutting property is provided direct usable access
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1 to the major thoroughfare.A.description of the boundaries of the
2 area of benefit, the costs, whether actual or estimated, and the
3 method of fee apportionment established at the hearing shall;be
4 incorporated in a resolution of the governing body,a certified copy `
5 of which shall be recorded by the governing body conducting the
6 hearing with the recorder of the county in which the area of benefit
7 is located. The apportioned fees shall be applicable to all property
8 within the area of benefit and shall be payable as a condition of
9 approval of a final map or as a condition of issuing a building
10 permit for the property*or portions of the property.Where the area
11 of benefit includes lands not subject to the payment of fees pursuant
12 to this section, the governing agency shall make provision for
13 payment of the share of improvement costs apportioned to those
A4 lands from other sources.
15 (4) The ordinance provides that payment of'fees shall not�be
16 required unless the major thoroughfares and other transportation
17 facilities are in addition to, or a reconstruction of, any existing
18 major thoroughfares,pedestrian facilities, bicycle facilities, transit
19 facilities, or traffic-calming devices serving the area at.the time,of
20 the adoption of the boundaries of the area of benefit.
21 (5) The ordinance provides that payment of fees shall not',be
22 required unless the planned bridge;facility is an original bridge
23 serving the area or an addition to any existing bridge facility
24 serving the area at the time of the!'adoption of the boundaries of
25 the area of benefit. The fees shall not be expended to reimburse
26 the cost of existing bridge facility construction.
27 (6) The ordinance provides that if,within the time when protests
28 may filed under the provisions of theordinance, there is a
29 written protest, filed with the clerki&the legislative body, by the .
30 owners of more than one-half of the area of the property to"be
31 benef tee} benefitted by the improvement, and sufficient protests
32 are not withdrawn so as to reduce the area represented to less than
33 one-half of that to be benefited benefitted, then the proposed
34 proceedings shall be abandoned,and the legislative body shall not,
35 for one year from the filing of thati'�'written protest, commence'or
36 carry on any proceedings for the same improvement or acquisition
37 under the provisions of this section;
38 (b) Any protest may be withdrawn by the owner protesting, in
39 writing,at any time prior to the conclusion of a public hearing held
40 pursuant to the ordinance.
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AB 2971 4
1 (c) If any majority protest is directed against only a portion of
2 the improvement then all further proceedings under the provisions
3 of this section to construct that portion of the improvement so
4 protested against shall be barred for a period of one year,but the G
5 legislative body may commence.new proceedings not including \
6 any part of the improvement or acquisition so protested against. ,
7 Nothing in this section prohibits a legislative body, within that
8 one-year period, from commencing and carrying on new
9 proceedings for the construction of a portion of the improvement
10 so protested against if it finds,by the affirmative vote of four-fifths
11 of its members, that the owners of more than one-half of the area
12 of the property to be bettefited be'nefztted are in favor of going
13 forward with that portion of the improvement or acquisition.
14, (d) Nothing in this section precludes the processing and
15 recordation of maps in accordance with other provisions of this
16 division if the proceedings are abandoned.
17 (e) Fees paid pursuant to an ordinance adopted pursuant to this
18 section shall be deposited in a planned bridge facility or major
19 thoroughfare fund. Fees paid pursuant to an ordinance.adopted
20 pursuant to this section for pedestrian, bicycle, transit, and
21 traffic-calming facilities shall be deposited in a multimodal fund.
22 A fund shall be established for each,planned bridge facility project
23 or each planned major thoroughfare project. If the benefit area is
24 one in which more than one bridge is required to be constructed,
25 a fund may be so established covering all of the bridge.projects in
26 the benefit area. Money in the fund shall be expended!solely for
27 the construction or reimbursement for construction of the
28 _improvement serving the area to be,bettefitti d benefitted and from
29 which the fees comprising the fund were collected,or toreimburse
30 the local agency for the cost of constructing the improvement. -
31 (f) An ordinance adopted pursuant to this section may provide '
32 for the acceptance of considerations in lieu of the payment of fees.
33 (g) A local agency imposing fees pursuant to this section may .
34 advance money from its general fund or road fund to pay the cost
35 of constructing the improvements and may reimburse the general
36 fund or road fund for any advance's from planned bridge facility u;
37 or major thoroughfares funds or multimodal funds established to
38 finance the construction of those improvements.
39 (h) A local agency imposing fees pursuant to this section may -
40 incur an interest-bearing indebtedness for the construction of bridge j
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—5— AB 2971
1 facilities , major thoroughfares, orotlier transportation facilities
2 as set forth in subdivision (a), However, the sole security for
3 repayment of that indebtedness shall be moneys in planned bridge
4 facility or major thoroughfares funds or multimodal funds.
5 (i).The term "construction" as l�used in this section includes
.6 design,acquisition ofright-of-way,�ad'ministration of construction ,
7 contracts, and actual construction. ',-
8 (j) The term"construction,"as used in this section,with respect
9 to the unincorporated area of San's Diego County only, includes
10 design, acquisition of'rights-of-way, and actual construction,
11 including,but not limited to,all direct and indirect environmental,
12 engineering, accounting, legal, administration of construction
13 contracts, and other services necessary therefor. :The term
14 "construction," with respect to the unincorporated area of San '
15 . Diego County only,. also includes reasonable administrative
16 expenses,not exceeding three hundred thousand dollars($300,000)
17 in any calendar year after January,1, 1986, as adjusted annually
18 for any increase or decrease in the Consumer Price Index of the �w
19 Bureau of Labor Statistics of the,^,United States Departments of if
20 Labor for all Urban Consumers, San Diego, California (1967
21 100),as published by the United States Department of Commerce
22 for the purpose of constructing bridges and major thoroughfares.
23 "Administrative expenses means those office, personnel, and
24 other customary and normal expenses associated with'the direct
25 management and administration:of the agency,but not;including
26 costs of construction. .
27 (k) Nothing in this section precludes a county or city from
28 providing funds for the construction'of bridge facilities or major
29 thoroughfares to defray costs not allocated to the area of benefit.
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The Board of Supervisors Contra John Cullen
County Administration Building Costa Clerk of the Board
651 Pine Street,Room 106 and
Martinez,California 94553 County Administrator
Count ''(925)335-1900
John Gioia,1"District
Gayle B.Uilkema,2nd District -
Mary N.Piepho,3`d District
Susan A.Bonilla,4's District
Federal D.Glover,5d'District
March 18, 2008
The Honorable Mark DeSaulnier
Assembly District 11
Capitol Building
P.O. Box 942849
Sacramento, CA 94249-0011
Dear Assemblymember DeSaulnier:
The Contra Costa County Board of Supervisors wishes to express its gratitude and supportfor your bill, AB
2971, which would amend the Subdivision Map Act in regard to the eligible uses of transportation impact fees
on new development.
As you know from your years on the Board, there is a need to broaden the kinds of transportation mitigations
that can be financed through the use of these fees, particularly in our older, urban areas where there isn't room
to build new roads or bridges to mitigate impacts of infill or redevelopment projects.
AB 2971 will make an important and much-needed amendment to the Subdivision Map Act, providing local
governments with the flexibility to use impact mitigation fees to pay for pedestrian and bicycle improvements,
traffic-calming modifications and other transportation mitigations that may be needed in any given situation.
Thank you for your efforts on this issue. Please let us know if we can assist in forwarding this important bill
through the Legislature:
Sin ly,
Federal D. Glover, Chair.
Contra Costa County
Board of Supervisors
FDGVG
G:\Transportation\CommitteeslTWIC120081Board OrderslMarch 18 AB 2971 Exhibit B.doc
C: D.Barry,Community Development Director
J.Bueren,Public Works Dept.
J.Cullen,County Administrator
S.Marchesi,County.Counsel
EXHIBIT B,
The Board of Supervisors Contra
John Cullen
County Administration Building Costa Clerk of the Board
651 Pine Street,Room 106 and
Martinez,California 94553 County Administrator
County (925)335-1900
John Gioia,I"District
Gayle B.Uilkema,2nd District
Mary N.Piepho,3`d District
Susan A.Bonilla,4d'District V
Federal D.Glover,5d'District ' 4
March 18, 2008
The Honorable Mark DeSaulnier
Assembly District 11
Capitol Building
P.O. Box 942849
Sacramento, CA 94249-0011
Dear Assemblymember DeSaulnier:
The Contra Costa County Board of Supervisors wishes to express its gratitude and support for your bill, AB
2971, which would amend the Subdivision Map Act in regard to the eligible uses of transportation impact fees
on new development.
As you know from your years on the Board, there is a need to broaden the kinds of transportation mitigations
that can be financed through the use of these fees, particularly in our older, urban areas where there isn't room
to build new roads or bridges to mitigate impacts of infill or redevelopment projects.
AB 2971 will make an important and much-needed amendment to the Subdivision Map Act, providing local
governments with the flexibility to use impact mitigation fees to pay for pedestrian and bicycle improvements,
traffic-calming modifications and other transportation mitigations that may be needed in any given situation.
Thank you for your efforts on this issue. Please let us know if we can assist in forwarding this important bill
through the Legislature.
Sincerely,
Federal D. Glover, Chair
Contra Costa County
Board of Supervisors
FDG\JG
G:\Transportation\Committees\TWIC\2008\Board Orders\March 18 AB 2971 Exhibit B.doc
C: D. Barry,Community Development Director
J. Bueren,Public Works Dept.
J. Cullen,County Administrator
S. Marchesi,County Counsel