Community Benefit Agreement O rdinance

Program Description:

Adopt a mandatory Community Benefits Agreement statute as part of the County Code of Ordinances.

Program Recommendations:

At present, the County is considering, but has not yet adopted a formal requirement for developers to enter into a CBA with the County. Rather than leave the requirement and benefits of CBAs to an uncertain future, the Study Team recommends the County adopt a CBA requirement for development projects as part of the County Code, and consider including the following elements:

! A clear, non-negotiable (rather than discretionary) threshold for development projects required to enter into a CBA, and that the threshold be set relatively low. Ideally any project obtaining public benefits should be subject to a CBA;

! Clearly specified benefit targets detailed as part of the enabling ordinance;

! Clear and comprehensive public engagement procedures, involving all affected parties;

! Public benefits tied to clear public and community needs, with a rationale for benefit demands;

! Including benefits that can be easily measured, monitored and enforced; and

! Clear and non-negotiable, rather than discretionary, conditions for a waiver or opt-out on the part of the developer. Opt-out conditions should require a cash payment from the developer into a public fund of the County’s choosing, commensurate with the size of the Project.

Program Cost Estimate:

! No cost to implement.

Recommended program seed funding:

! None required.

Households directly impacted during pilot program:

! Assuming HUD guidelines of 1 permanent job created per $50,000 of public funding or incentives invested in a Project, each $10 Million of incentives (property tax abatements, infrastructure, etc.) would create 200 permanent jobs.

! Assuming $20 Million in public incentives invested in Projects over the two-year pilot program, a County CBA could create approximately 400 potential permanent jobs.