HomeMy WebLinkAboutMINUTES - 09151987 - T.5 WHEN RECORDED RETURN
110 CLERK,
BOARD OF SUPERVISORS ORDINANCE NO. 87-79
Increase the Fee for the
Oakley Area of Benefit
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I . Summary. This ordinance provides for an increase in the fee to be collected
from residential developments proposed in the Oakley Area of Benefit to fund road
improvements in Oakley.
SECTION II . 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 III . Notice and Hearing. This ordinance was adopted pursuant to the procedure set
forth in Government Code Sections 54986, 54992, 65.091 , 65962, and 66484, and Division 913,
Title 9, of the Contra Costa County Ordinance Code, and all required notices have been
properly given and public hearings held.
SECTION IV. Fee Revision.
The following revised fee is hereby ADOPTED for the Oakley Area of Benefit to fund road
improvements, as described in the Revised Development Program Report, and shall be LEVIED
and COLLECTED pursuant to the above authorities:
Residential Single Family Dwelling Unit $2,134/unit
Residential Multi-Family Dwelling Unit $1 ,707/unit
Commercial $3.41/square foot gross floor area
Industrial $1.49/square foot gross floor area
The revised fee shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance Code.
SECTION V. Fee Area_. The revised fee described in this ordinance shall apply to all
property described in Exhibit "A" attached hereto.
SECTION VI . Severability. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent , urisdiction, 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 VII . 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 Antioch Ledger, a newspaper of general circulation and
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 15 , 1987 by the following vote:
AYES: Supervisors Powers , Fanden, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Mcpeak
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board and County Administrator
By f�l
Deputy Board Chair
JRB:ly
80:15.t9
Exhibit "A"
Commencing at the point of intersection of the westerly S.P.P.n. right
of way line with the north boundary of the E.B.M.U.D. Mokelumne aqueduct;
thence due east along. said boundary, 6000 feet, more or less, to the
easterly right of way line of Highway 4; thence due north along said right
of way line, 2800 feet, more or less , to the Brentwood City limit
line; thence along said city limit line, 3000 feet, more or less, to the
Marsh Creek Flood Control Channel ; thence in a general south westerly
direction along said channel , 2000 feet, more or less, to the
Brentwood City limit line; thence due west along said city limit line, 500
feet, more or less, to the easterly right of way line of Highway 4; thence
due south along said right of way line, 500 feet, more or less , to the
northerly right of way line of Sunset Road; thence in a general north
easterly direction along said right of way line, 2200 feet, more or less,
to the east property line of parcel # 018-190-013; thence due north along
said property line, 1300 feet, more or less, to the north right of way line
of the Marsh Creek Flood Control Channel ; thence in a general north
easterly direction along said channel right of way line, 5600 feet, more or
less, to the southerly right of way line of Delta Road; thence due east
along said right of way line, 1600 feet, more or less, to the easterly right
of way line of Sellers Avenue; thence due north along said right of way
line 11500 feet, more or less , to the northerly right of way line of the
Contra Cost Canal ; thence continuing in a northerly direction, 5000 feet,
more or less , to the coast line of the San Joaquin River; thence in a
general westerly direction along said coast line, 36000 feet, more or less,
to the easterly right of way line of Highway 160; thence in a general south
easterly direction along said right of way line, 5500 feet, more or less, to
State Highway 4; thence westerly along the northerly right of way line of
the Victory Highway, 800 feet more or less, to the westerly right of way
line of Highway 4; thence in a general south easterly direction along said
right of way line 800 feet, more or less, to the angle point in said right
of way line; thence easterly 400 feet, more or less, to the easterly right
of way line of Highway 4; thence in a general south westerly direction
along said right of way line 4000 feet, more or less , to the southerly right
of way line of S.P.R.R; thence along said right of way line in a south
easterly direction, 2000 feet, more or less to the easterly property line
of parcel no. 052-061-007; thence due south along said property line, 2550
feet, more or less, to the intersection of the City of Antioch City limit
line and the southerly right of way line of the Contra Costa Canal ; thence
along said city limit line due south, 2200 feet, more or less , to the
easterly property line of parcel no. 053-052-004; thence due south along
said property line, 2700 feet, more or less, to the intersection of the
Antioch City limit line and the northerly property line of parcel no. 054-
230-027; thence due east along said property line, 5900 feet, more or less,
to the intersection of the easterly right of way line of Empire Road and the
northerly property line of parcel no. 054-240-001 ; thence due east along
said right of way line, 65 feet, more or less, to the south westerly right
of way line of the S.P.R.R. ; thence in a general south easterly direction
along said right of way line, 7000 feet, more or less, to the E.B.M.U.D.-
Mokelumne Aqueduct.
r,•
i
WHEN Zt CORDED RETURN
TO CLERK, �A
B—OARD OF SUPERVISORS
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 15 , 1987 by the following vote :
AYES : Supervisors Powers , Fanden, Torlakson and McPeak
NOES : None
ABSENT : Supervisor McPeak
ABSTAIN : None RESOLUTION NO.87/552
SUBJECT : In the Matter of Adopting the Revised Development
Program Report , Establishing new boundaries , and
Revising Estimated Costs , Cost Allocation , Fee
Apportionment and Fees for the Oakley Area of Benefit
( Unincorporated ) .
The Board of Supervisors of Contra Costa County FINDS and
DETERMINES that :
Government Code Section 66484 and Division 913 , Title 9 , of the
Contra Costa County Ordinance 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 Revised Development Program Report
for the Oakley-.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 54986 , 54992 65091 , 65962 and
66484 ; and
A Negative Declaration pertaining to this project was noticed .
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 Revised Development Program
Report are necessary and desireable 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; and
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 .
The Board hereby RESOLVES that :
The Board hereby APPROVES and ADOPTS the Revised Development
Program Report pertaining to the Oakley Area of Benefit , its
. .............
boundaries , estimated- - cost of -.1improvements , cost - allocati.on , _ ___
method of fee apportionment , revised fee 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 REVISES the Area of Benefit in
accordance with the Revised Development Program Report.
The Board hereby INTENDS to adopt the following revised fee
schedule by ordinance , as recommended in the Revised Development
Program. Report : Residential Single Family Dwelling Unit , $2 , 134 ;
Residential Multi - Family Dwelling Unit , $ 1 , 707 ; Commercial , $3 .41
per square foot gross floor area ; and Industrial , $1 . 49 per
square foot gross floor area .
RESOLUTION NO. 87/552
Board of Supervisors
September 15 , 1987
Page Two
The Board DIRECTS the Public Works Department and the Department
of Community Development to work with communities in the Oakley
area and with local and State agencies in periodically reviewing
the fee schedule for the Board ' s consideration .
The Board DIRECTS the Director of Community Development 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 Board DIRECTS the Public Works
Director to amend the Development Program Report as necessary to
reflect General Plan amendments and report to the Board for
consideration .
The Board DIRECTS the Clerk of the Board to file certified copies
of this resolution , Ordinance No .-- 87-79 with the County Recorder,._
as specified in Section 9.13-6 . 026 of the Contra Costa County
Ordinance Code .
1 hereby certify that this Is a true and correct copy of
an action sake^and entered on Mc minutes of the
Board of Supervisors on the data shown.
ATTESTED: - SEP 15 M7
PHIL BATCHELOR, C'ierk of the Board
of Supervisors and County(Administrator
Q .
By �t,C,a J 1 �J�� , Deputy
Orig . Dept . : Public Works ( RE)
cc : CAO
Director of Community Development
Public Works Director
Building Inspection
County Auditor/Controller
County Treasurer/Tax Collector
County Counsel
County Recorder
Public Works , Acctg . Div .
OMAC
Oakley AOB TAC
JRB : Iv
BO : 15 .t9
RESOLUTION NO. 87/552
T. 58
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 15, 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Torlakson and Schroder.
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
SUBJECT: Hearing on proposed revision to Development Program Report,
Establishing new boundaries, revising estimated costs, cost
allocation, fee apportionment and fees for the Oakley Area
of Benefit.
The Board this day considered the above matter and at the
hearing, Ron Grudzinsky, representing Kaufman and Broad, 6379 Clark,
Dublin 94568, appeared and inquired about and expressed concerns with
respect to the total amount of development fees now placed on new
development and the subsequent cost to new home buyers. He urged the
use of assessment districts to fund needed improvements rather than
fees attached to the development of property.
Robert Selders, representing the City of Brentwood, expressed
the concern of the City with respect to fees collected within the
City' s Sphere of Influence and urged those fees be spent only on
projects within said sphere of influence, and agreed to by the City. .
He also commented on the noticing procedure for said hearing.
Supervisor Torlakson requested that in the future, the Public
Works Department and Community Development Department notify the City
and make sure that City staff is aware of, and briefed on, any matter
that is being considered by the Board that might fall within the
City' s sphere of influence.
Supervisor Torlakson referring to the September 11, 1987 letter
from the City of Brentwood commenting on the boundary changes, and
revised costs for the Oakley area of benefit and the belief of some
members of the council that there might be an encroachment on the
City' s sphere of influence, advised that he believed there was a
misunderstanding by some council members, and requested staff to
respond in writing to this letter.
Supervisor Torlakson announced that at the meeting on this
matter with representatives of the cities of Antioch and Brentwood,
the Committee felt the proposed changes to be appropriate, but it was
suggested that the name of the Area of Benefit be changed to
Oakley/North Brentwood Area of Benefit.
Supervisor Torlakson addressed the questions posed by the
speakers with respect to various activities in east county for which
there are either existing fees or proposed fees and explained the
procedures undertaken by the County to solve the traffic and
infrastructure needs for that area.
As recommended by Supervisor Torlakson, IT IS BY THE BOARD
ORDERED THAT staff is requested to respond to the September 11, 1987
letter from the City of Brentwood.
IT IS FURTHER ORDERED THAT name of the Area of Benefit is
changed from Oakley Area of Benefit to Oakley/North Brentwood Area of
Benefit.
IT IS FURTHER ORDERED THAT Resolution No. 87/552 ADOPTING the
revised Development Program Report, establishing new boundaries, and
revising estimated costs, cost allocation, fee apportionment and fees
for the Oakley/North Brentwood area of Benefit is APPROVED
i hereby certify that tato Rs a trzaor^.s����rr��tcssg�y est
an action taken and e€elor6d on the n,1.jutos 03 tho
Bard of Supero acr3 n the data shown.
ATTESTED: 7
PHIL GAY'rH Et... %i, Cht=k of the Board
f at�:�9percatscrs and County AdministrWar
Deputy
cc: Public Works
Community Development
County Administrator
County Counsel