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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: July 22, 2008

Subject/Title: Adopt a Resolution terminating the Brentwood Regional Traffic Mitigation Fee Agreement between the City of Brentwood and Contra Costa County.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer


RECOMMENDATION
Adopt a Resolution terminating the Brentwood Regional Traffic Mitigation Fee Agreement between the City of Brentwood and Contra Costa County.

PREVIOUS ACTION
On December 13, 1988, City Council approved the execution of the Regional Traffic Mitigation Fee Agreement with Contra Costa County.

On March 13, 1989, the Contra Costa County Board of Supervisors approved the Brentwood Regional Traffic Mitigation Fee Agreement, establishing the Brentwood Sphere of Influence Fee Program.

On June 3, 2008, the Contra Costa County Board of Supervisors terminated the Brentwood Regional Traffic Mitigation Fee Agreement and closed the Brentwood Sphere of Influence Trust Account.

BACKGROUND
The Brentwood Regional Traffic Mitigation Fee Agreement (“Agreement”) between the City of Brentwood (“City”) and Contra Costa County (“County”) was established for the collection of fees from new development to fund the Delta Expressway project. Fees were collected at permit issuance by the City within incorporated boundaries and collected by the County for areas outside the City limits but that were within the Brentwood Sphere of Influence.

Provisions of the Agreement stated the Agreement shall expire when the City establishes and collects a fee intended for the Regional Delta Expressway project. The subsequent formation of the East Contra Costa Regional Fee and Financing Authority (“ECCRFFA”) and the Joint Exercise of Powers Agreement, in which the City participates, includes funding for the Delta Expressway/State Route 4 Bypass (“Bypass”). The ECCRFFA fee that is currently being collected supersedes the Regional Traffic Mitigation Fee and satisfies the Agreement termination provision. Fees previously collected by the City and County under the Agreement have been transmitted to ECCRFFA for Bypass funding. It is therefore the logical time to officially terminate the Agreement.

FISCAL IMPACT
There is no fiscal impact associated with Agreement termination. ECCRFFA funds are currently being collected to fund regional transportation projects.

Attachments:
Brentwood Regional Traffic Mitigation Fee Agreement

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TERMINATING THE BRENTWOOD REGIONAL TRAFFIC MITIGATION FEE AGREEMENT BETWEEN THE CITY OF BRENTWOOD AND CONTRA COSTA COUNTY.


WHEREAS, on December 13, 1988, City Council approved the execution of the Regional Traffic Mitigation Fee Agreement with Contra Costa County; and

WHEREAS, on March 13, 1989, the Contra Costa County Board of Supervisors approved the Brentwood Regional Traffic Mitigation Fee Agreement, establishing the Brentwood Sphere of Influence Fee Program; and

WHEREAS, on June 3, 2008, the Contra Costa County Board of Supervisors terminated the Brentwood Regional Traffic Mitigation Fee Agreement and closed the Brentwood Sphere of Influence Trust Account; and

WHEREAS, the Brentwood Regional Traffic Mitigation Fee Agreement between the City of Brentwood and Contra Costa County was established for the collection of fees from new development to fund the Delta Expressway project; and

WHEREAS, subsequent formation of the East Contra Costa Regional Fee and Financing Authority and the Joint Exercise of Powers Agreement includes funding for the Delta Expressway/State Route 4 Bypass and supersedes the Regional Traffic Mitigation Fee Agreement.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood does hereby terminate the Brentwood Regional Traffic Mitigation Fee Agreement between the City of Brentwood and Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 22nd day of July 2008 by the following vote:
 
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