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ADMINISTRATION - Chief Administrator Gabriel Hydrick
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Requested Action(s)
recommendation
a) Staff report on the current status of the Development Impact Fee accounts for Fiscal Year 2023/24
b) Request to designate the Tehama County Administrative Office and the Clerk of the Board’s Office as two locations where the report will be available for public review and to receive written requests for mailed notices
c) Board discussion and direction to staff to set a public hearing, as required pursuant to Government Code section 66006, on 12/10/24 at 10:00 a.m. to review the current status of the Development Impact Fee accounts for Fiscal Year 2023/24
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Financial Impact:
No financial impact at this time.
Background Information:
On 11/24/15, The Board of Supervisors adopted Ordinance No. 2018 establishing development impact fees for library, general government, sheriff, corrections, fire protection, parks and recreation, and transportation facilities. The proposed fees were implemented at 50% of the “full fee” effective January 1, 2017. The remaining 50% was anticipated to be considered for adoption no sooner than January 1, 2020. In February 2021, the board decided to table any further consideration of a fee increase indefinitely. On 2/27/18, the Board of Supervisors entered into an agreement with the Capay Fire Protection District to give the District control of fire fees collected within its boundaries.
The revenues from each of these fees are divided in separate dedicated funds, based upon the impacts of new development on specific types of public facilities (library, general government, sheriff, corrections, fire protection, parks and recreation, and transportation facilities). These funds are legally restricted to financing these specific types of facilities, and cannot be used for any other purpose.
California Government Code 66000 et seq. sets forth the conditions under which local agencies may collect fees from new development to mitigate the impact of new development and establishes the findings that must be made by the Board of Supervisors with respect to the portion of the account remaining unexpended. These findings include:
1. Identify the purpose to which the fee is to be put.
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements
4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account.
As per Government Code section 66006, a public hearing must be set to review the report at the next scheduled meeting not less than 15 days after the report has been made available to the public. The report shall include a description of the type of fee, the amount of the fee, the beginning and ending balance of the account, the amount of fees collected and interest earned, an identification of each public project on which fees were expended, an approximate date on which any projects will be completed, a description of any transfers from other funding sources to complete the project and the amount of any refunds made. Staff is requesting to set a public hearing for December 10, 2024 at 10:00 a.m. Pursuant to Government Code section 66006(a)(2), notices shall be mailed to any interested party who files a written request with the local agency for mailed notice of the meeting and that all written requests are valid for one year from the date on which it is filed.