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HomeMy WebLinkAboutMINUTES - 08181987 - T.3 ORDINANCE NO. 87-61 (Urgency Measure for Interim Author:-,ation to Adopt Revised Road Fees for East/Central County Travel Corridor Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows : SECTION I . Summar . This ordinance provides for the adoption of an urgency measure as an interim authorization for a revised fee 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 revised 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 the interim revised fee at this time will result in a loss of potential revenues as residential units are built without having to contribute their full share 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 the 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 revised fee at this time will allow the immediate collection of the revised fee 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 Section 66484 and Division 913 , Title 9, 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 revised fee is hereby ADOPTED for the East/Central County Travel Corridor Area of Benefit to fund the major thoroughfare improvements described in the Revised Development Program Report on file with the Clerk of the Board, and shall be LEVIED and COLLECTED pursuant to the above authorities: Residential Family Dwelling Unit $380 per unit The interim revised fee shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. Ordinance 87-61 Ord i na nc e No. 87- August 18, 1987 Page Two SECTION VI . Fee Area. The interim revised 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 invalid 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 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 names of the Supervisors voting for and against it, in the Antioch Ledger, 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 August 18 , 1987 by the following vote : AYES: Supervisors Powers , Fanden, Schroder, Torlakson and McPeak NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By_ 0 4 4 Deputy Board Chair ,JRB:ly BO: 18.t8 Ordinance No. 87-61 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 , 14.7 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 l ine in 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 l 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 Ilighway 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 3E049'49" West direction, 317.153 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, 75e.48 feet along the highway 4 right of way; thence South 78021 ' lf" West direction, 327. 15 feet along the highway 4 right of way; thence in a generally southwesterly direction for more or less 1 ,2105.79 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. 87-61