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HomeMy WebLinkAboutMINUTES - 09161986 - T.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 16 , 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT : None RESOLUTION NO. 86/545 ABSTAIN : None (ORD. C. §§913-6.024, 913-6.02E) SUBJECT: In the Matter of Adopting Report, Determining Lack of Majority Protest, Establishing Area of Benefit , and Establishing Estimated Costs , Cost Allocation, Fee Apportionment. East/Central County Travel Corridor (Unincorporated) The Board of Supervisors of Contra Costa County FINDS that: Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County Code provide for assessing and collecting fees for bridge and/or major thoroughfare construction within a designated Area of Benefit as a condition of approval of a final subdivision map or as a condition of issuing a building permit; and The Public Works Director and the Director of Community Development have completed a Development Program Report for the unincorporated East/Central County Travel Corridor Area of Benefit which was filed with the Clerk of the Board. Notice of the hearing was duly given in accordance.with Government Code Sections 65091 , 65962 and 66484; and For the purposes of compliance with CEQA, the County is considered the lead agency for the project involving the establishment of the area of benefit , the collection of fees , and the construction of the road improvements. A Negative Declaration pertaining to this project was published. No protests were received during the review period. The Board hereby CONCURS in the findings that the project will not have a significant effect on the environment and hereby DIRECTS the Director of Community Development to file a notice of Determination with the County Clerk; and The improvements described in the Development Program Report are necessary and desi reabl a within the Area of Benefit., in that the improvements furnish a direct, efficient and cost-effective means of .moving traffic within the Area of Benefit , and in that the improvements are required to reduce the traffic congestion, delay, economic loss , stressful driving conditions and degradation of air quality within the Area of Benefit. This Board hereby DETERMINES that a majority protest does not exist, inasmuch as a written protest has not been filed by the owners of more than one-half of the area of the property to be benefited by the improvements; and This Board hereby ADOPTS the Development Program Report pertaining to the East/Central County Travel Corridor Area of Benefit, its boundaries , estimated cost of improvements, cost allocation, method of fee apportionment and provision that the interest accrued on the fees collected in this Area of Benefit shall continue to accumulate in the same account and shall be used to cover the cost of administration, design and construction of the fee area improvements; and The Board hereby INTENDS to adopt the following fee schedule by ordinance, as recommended in the Development Program Report: Residential Family Dwelling Unit, $230/unit. The Board hereby RESOLVES that a The Public Works Department and the Department of Community Development are DIRECTED to work with communities in the East/Central County Travel Corridor area and with local and State agencies in periodically reviewing the fee schedule for the Board of Supervisors' consideration. RESOLUTION NO. 86/545 Board of Supervisors September c", 1986 Page 2 b. The Director of Community Development is DIRECTED to closely monitor future amendments to the currently adopted General Plan within this Area of Benefit and their impact on traffic and the Area of Benefit and to report those amendments to the Public Works Department. The Public Works Director is DIRECTED to amend the Development Program Report as necessary to reflect General Plan amendments and report to the Board of Supervisors for consideration. NOW, THEREFORE, IT IS HEREBY RESOLVED that an Area of Benefit is hereby ESTABLISHED in the- unincorporated area of the County of Contra Costa pursuant to Section 913-6.024 of the Contra Costa County Ordinance Code, the boundaries of which are described in the Development Program Report pertaining to the East/Central County Travel Corridor Area of Benefit. IT IS FURTHER RESOLVED that the term of the East/Central County Travel Corridor Area of Benefit shall expire upon the retirement of the County' s obliga- tion under the ABAG credit pool program. IT IS FURTHER RESOLVED that the Clerk of the Board is DIRECTED to file a certified copy of this Resolution, Ordinance No. 86-85 and Ordinance No. 86-86 with the County Recorder as specified in Section 913-6.026 of the Contra Costa County Ordinance .Code. I hereby certify the-it Is is a true and correct copy of Ori g. Dept . : Public Works - (RE) an action taken and entered on the minutes of the Board of Supervisors on the date shown. TML:ly ATTESTED: SEP 16 1986 B0:9.T9 PHIL BATCHELOR, Ctery cf ti-,e Board of Supervisors and County administrator cc: CAO Director of Community Development ' Public Works Director By Deputy Building Inspection County Auditor/Controller County Treasurer/Tax Collector County Counsel County Recorder Public Works, Acctg. Div. RESOLUTION NO. 86/545 Board of Supervisors September S, 1986 Page 2 b. The Director of Community Development is DIRECTED to closely monitor future amendments to the currently adopted General Plan within this Area of Benefit and their impact on traffic and the Area of Benefit and to report those amendments to the Public Works Department. The Public Works Director is DIRECTED to amend the Development Program Report as necessary to reflect General Plan amendments and report to the Board of Supervisors for consideration. NOW, THEREFORE, IT IS HEREBY RESOLVED that an Area of Benefit is hereby ESTABLISHED in the- unincorporated area of the County of Contra Costa pursuant to Section 913-6.024 of the Contra Costa County. Ordinance Code, the boundaries of which are described in the Development Program Report pertaining to the East/Central County Travel Corridor Area of Benefit. IT IS FURTHER RESOLVED that the term of the East/Central County Travel Corridor Area of Benefit shall expire upon the retirement of the County' s obliga- tion under the ABAG credit pool program. IT IS FURTHER RESOLVED that the Clerk of the Board is DIRECTED to file a certified copy of this Resolution, Ordinance No. 86-85 and Ordinance No. 86-86 with the County Recorder as specified in Section 913-6.026 of the Contra Costa County Ordinance Code. thereby certify tha',this is a true and correct copy of an action taken and entered on the minutes of the Ori g. Dept .: Public Works - (RE) Board of Supervisors on the date shown. TML:ly ATTESTED. SEP 16 1986 PHIL BATCHELOR, Clerk of the Board 80:9.T9 of Supervisors and County Administrator cc: CAOJi� Director of Community Development By us.: .nucDeputyPublic Works Director �! Building Inspection County Auditor/Controller County Treasurer/Tax Collector County Counsel County Recorder Public Works, Acctg. Div. RESOLUTION NO. 86/545 1 ORDINANCE NO. 86 - 85 (East/Central County Travel Corridor Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I. Summary. This ordinance provides for the adoption of fees to e co ectedSu�-Trom residential developments proposed in the East/Central County Travel. Corridor Area of Benefit to fund road improvements along that corridor. SECTION II. Authority. This ordinance is enacted, in part, pursuant to Government Code §66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION III . Notice and Hearing. This ordinance was adopted pursuant to the proce ure set forth in Government Code §65962 and 66484 and Ordinance Code Division 913 , and all required notices have been properly given and public hearings held. SECTION IV . Findings . In adopting this ordinance, the Board finds that the failure to require payment of the fee described in this ordinance as a condition of issuing a building permit or "equivalent permit would place the residents of the subdivision, immediate community and fee area in a condition perilous to their health and safety, in that the failure to promptly fund necessary improvements to the East/Central County Travel Corridor will result in continuing and additional traffic congestion, delay, economic loss , stressful driving conditions and reduction in air quality. SECTION V. Fee Adoption. The following fee is hereby ADOPTED for the East/Central County Travel Corridor Area of Benefit to fund road improvements, as established by Resolution 86/545 , dated September 16, 1986, and shall be LEVIED and COLLECTED pursuant to the above authorities: Residential Family Dwelling Unit $230/unit The fee shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. SECTION VI . Fee Area. The fee described in this ordinance shall apply to a7 pityesd—cribed in Exhibit A attached hereto. SECTION VII. Severability. If any fee or provision of this Ordinance is held inva id or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this Ordinance irrespective of the validity of any other part. SECTION VIII . Effective Date. This Ordinance shall become effective 60 days after passage, and within 15 days of passage, shall be published once with the names of the Supervisors voting for and against it in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED and ADOPTED on September 16 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator ' By: —1-LA-4 , Deputy o"t4 Board Chair TML:ly BO:9.T9 EXHIBIT A Boundary Description Beginning on a Bench Mark located at Port Chicago, along the Southern Pacific Railroad, 97.7 feet north of the northwest corner of the railroad station , 43.2 feet north of the north rail of the main tracks , 19.7 feet south of the center line of Waterfront Road, 8.5 feet west of a telegraph pole, 1.6 feet east of a point in line with the east wall of the railroad station, about level with the tracks and the road , and set in the top of a concrete post projecting 0.2 foot above the ground, thence striking a straight line i n a northerly direction to the Contra Costa/Solano County boundary line; thence in a generally northeasterly direction along the Contra Costa County boundary line, to the corner of the set Sacramento/San Joaquin/Contra Costa County boundary lines; thence in a general southerly direction along the Contra Costa County boundary line to the corner of the San Joaquin/Alameda/Contra Costa County boundary line; thence in a generally southwesterly direction along the Contra Costa boundary line for 11.4 miles , more or less; thence in a general northerly direction along township section lines 2.7 miles , more or less; thence in a general westerly direction along township section line for 2.0, miles more or less; thence in a general northerly direction along town section lines for 6.0 miles , more or less; thence in a general westerly direction along town section for 2.0 miles , more or less; thence in a general northerly direction along town section line for 1 mile, more or less; thence in a generally a northwesterly direction striking a line approximately 37 degrees to a set City of Concord/Contra Costa County boundary line; thence in a generally northwest direction conforming with the City of Concord/County boundary line to the State Highway 4 southerly right of way; thence in a generally South 62034'06" West direction, 861.87 feet along the State Highway 4 right of way; South 81055'27" West 513.0 feet along the State Highway 4 right of way; thence South 36049'49" West direction, 377.63 feet along the State Highway 4 right of way; thence South 16001'03" West direction, 82.0 feet along the- highway 4 right of way; thence South 63030'14" West direction, 758.48 feet along the highway 4 right of way; thence South 78021'16" West direction, 327.15 feet along the highway 4 right of way; thence in a generally southwesterly direction for more or less 1,295.79 feet to the Contra Costa Canal right of way; thence in a generally northwesterly direction along the Contra Costa Canal boundary line for approximately 3,464.54 feet; thence strike a north direction to the point of beginning. Excepting therefrom all of the incorporated areas of the cities of Contra Costa County. • ORDINANCE NO. 86-86 (Urgency Measure for Interim Authorization to Adopt Road Fees for East/Central County Travel Corridor Area of Benefit) The ^f Supervisors of, Contra Costa County ordains as follows: SECTION I•. SUMMARY. This ordinance provides for the adoption of an urgency measure as an interim authorization for fees to be used for major thoroughfare improvements within the East/Central County Travel Corridor Area of Benefit , which improvements are needed to protect the public health, safety and welfare. SECTION II . FINDINGS. The East/Central County Travel Corridor (Highway 4) , located between the cities of Antioch/Pittsburg and the cities of Concord/Martinez, is the major regional access route between East Contra Costa County and the central part of the county. The Board finds that: The East/Central County Travel Corridor is currently inadequate in lane capacity to serve peak hour traffic generated by residential development,. particularly in the westbound direction between Bailey Road in Pittsburg and Willow Pass Road in Concord. This segment of the travel corridor is now experiencing travel delays of 10 minutes or more on a daily basis. There is an urgent need for an interim fee as the inadequacy of this segment of the major access route causes significant congestion, delay and economic loss to the entire East County Region. The resulting stressful driving conditions and reduction in air quality are adverse factors affecting the public health, safety and welfare. Housing construction activity is expected to be very heavy in the near future for the unincorporated areas of East Contra Costa County. The corresponding increase in peak hour traffic along the travel corridor will further reduce the quality of travel along this important route. Failure to adopt an interim fee at this time will result in a loss of potential revenues as residential units are built without having to contribute to the proposed improvements. The inability to finance construction of improvements to the East/Central County Travel Corridor is detrimental to the public health , safety and welfare. Failure to require payment of the fee described in this ordinance as a condition of issuing a building permit or "equivalent permit would place the residents of the subdivision, immediate community and fee area in a condition perilous to their health and safety, in that the failure to fund necessary improvements to the East/Central County Travel Corridor will result in continuing and additional traffic congestion , delay, economic loss , stressful driving conditions and reduction in air quality. The Board also finds that: The adoption of an interim fee at this time will allow the immediate collection of revenues from residential units. The end result will be to decrease travel delay, relieve traffic congestion, and thus , protect the public health, safety and welfare. SECTION III . AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Sect ns 65962 and 66484, and Division 913 of the Contra Costa County Ordinance Code. SECTION IV . NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65962(c) and all required notices have been properly given and public hearings held. SECTION V. FEE ADOPTION. The following interim fee is hereby ADOPTED for the East/Central County Travel Corridor Area of Benefit to fund the major thoroughfare improvements described in the Area of Benefit report on file with the Clerk of the Board, and shall be LEVIED and COLLECTED pursuant to the above authorities: Residential Family Dwelling Unit $230 per unit The interim fee shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. September 9, 1986 • Pa ge 2 SECTION VI . FEE AREA. The fee described in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VII. SEVERABILITY. If any- fee or provision of this ordinance is held inva id or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisi- ons , and the Board Aeclares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION VIII . EFFECTIVE DATE. This ordinance shall become effective immediately after passage, and shall be operative for 30 (thirty) days after which time it may be extended. Within 15 days of passage, this ordinance shall be published once, with the narRes of the Supervisors voting for and against it, in the Contra Costa Times , a newspaper of general circulation published in this county. Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder. PASSED and ADOPTED on September 16, 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN : None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator r1 By: a Deputy / Board Chair TML:ly BO:9.T9 ORDINANCE NO. 86-86 EXHIBIT A Boundary Description Beginning on a Bench Mark located at Port Chicago, along the Southern Pacific Railroad, 97.7 feet north of the northwest corner of the railroad station , 43.2 feet north of the north rail of the main tracks , 19.7 feet south of the center line of Waterfront Road, 8.5 feet west of a telegraph pole, 1.6 feet east of a point in line with the east wall of the railroad station, about level with the tracks and the road , and set in the top of a concrete post projecting 0.2 foot above the ground, thence stri ki ng a strai ght 1 ine i n a northerl y di recti on to the Contra Costa/Solano County boundary line; thence in a generally northeasterly direction along the Contra Costa County boundary line, to the corner of the set Sacramento/San Joaquin/Contra Costa County boundary lines; thence in a general southerly direction along the Contra Costa County boundary line to the corner of the San Joaquin/Alameda/Contra Costa County boundary line; thence in a generally southwesterly direction along the Contra Costa boundary line for 11.4 miles , more or less; thence in a general northerly eirection along township section lines 2.7 miles , more or less; thence in a general westerly direction along township section line for 2.0, miles more or less; thence in a general northerly direction along town section lines for 6.0 miles , more or less; thence in a general westerly direction along town section for 2.0 miles , more or less; thence in a general northerly direction along town section line for 1 mile, more or less; thence in a generally a northwesterly direction striking a line approximately 37 degrees to a set City of Concord/Contra Costa County boundary line; thence in a generally northwest direction conforming with the City of Concord/County boundary line to the State Highway 4 southerly right of way; thence in a generally South 62034'06" West direction, 861.87 feet along the State Highway 4 right of way; South 81055'27" West 513.0 feet along the State Highway 4 right of way; thence South 36049149" West direction, 377.63 feet along the State Highway 4 right of way; thence South 16001103" West direction, 82.0 feet along the highway 4 right of way; thence South 63030114" West direction, 752.48 feet along the highway 4 right of way; thence South 78021'16" West direction, 327.15 feet along the highway 4 right of way; thence in a generally southwesterly direction for more or less 1,295.79 feet to the Contra Costa Canal right of way; thence in a generally northwesterly direction along the Contra Costa Canal boundary line for approximately 3,464.54 feet; thence strike a north direction to the point of beginning. Excepting therefrom all of the incorporated areas of the cities of Contra Costa County.