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Home My WebLink AboutMINUTES - 08081995 - SD1 -- - _ AUG 2 2 WHEN RECORDED RETURN CO T RE EST OE TO CLERK, CONTRA COSTA COUNTY ' BOARD OF SUPERVISORS BOARD OF SUPERVISORS Adopted this Resolution on August 8, 1995, by the following vote: AUG 22 1995 ATO'CLOCK 7 M, AYES: Supervisors Rogers , Smith, Torlakson and BishMTRA 4STACOUNTY RECORDS STEPHEN L. WEIR NOES: None FEE:T�RECORDER 95 138425 ABSENT: Supervisor DeSaulnier RESOLUTION NO. 95L3 7 SUBJECT: Formation of the West County Area of Benefit West County Area Project No. 0676-2310-6P4070 CDD-CP#94-43 The Board of Supervisors, by Resolution, shall: ADOPT and APPROVE the Development Program Report pertaining to the formation of the West County Area of Benefit. DETERMINE that the activity, formation of the West County Area of Benefit, is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) CEQA guidelines. DIRECT the Director of Community Development to file the Notice of Exemption with the County Clerk. DIRECT the Public Works Director to arrange for payment of the $25.00 handling fee to the County Clerk for the filing of the Notice of Exemption. DETERMINE that a majority protest does not exist. INCORPORATE in this resolution by reference the boundaries, costs, and method of fee apportionment set forth in the Development Program Report and the attached ordinance. DIRECT the Director of Public Works and Auditor/Controller to continue the existing trust fund (Trust Fund No. 8232) for the West County subarea of the West County Regional Area of Benefit, that was established by Board Resolution 88/122 on March 15, 1988, and that this trust fund shall now be specific for the West County Area of Benefit, and that the Treasurer shall continue the investment of said monies with interest to accrue in the trust fund account. DIRECT the Director of Public Works and Auditor/Controller to arrange for the transfer of the balance of the existing trust fund (Trust Fund No. 8233) of the Kensington subarea of the West County Regional Area of Benefit into the trust fund (Fund No. 8232)for the West County Area of Benefit and, subsequently, the closure of the Kensington subarea trust account (Trust Fund No. 8233). DIRECT the Public Works Department and Department of Community Development to review the fee schedule every year that the Area of Benefit is in effect, and to adjust for the effects of inflation as described in the attached ordinance. The adjustment for inflation is not subject to CEQA. DIRECT the Director of Community Development to monitor future amendments to the currently adopted General Plan and their impact on traffic within the West County Area of Benefit, and to report those amendments to the Public Works Director as necessary to facilitate,updating of the West County Area of Benefit, and to make recommendations to the Board. RESOLUTION NO. 95/...176 Formation of the West County Area of Benefit August 8, 1995 Page 2 DIRECT the Public Works Department and Department of Community Development to comply with CEQA on development applications and road projects to be constructed pursuant to the Development Program Report for the West County Area of Benefit. ,to ADOPT the attached ordinance, which forms the West County Area of Benefit, and ordains V1 the following: J-A CJ Traffic Mitigation Fees (Ordinance No. 95 - 3 7 GD 1. Adopt traffic mitigation fees, as recommended in the Development Program Report. 2. Adjust the fee schedule every year that the Area of Benefit is in effect, to account for the affects of inflation and that at no time will the fee schedule be increased at a rate of more than 5% per year. Financial Impact: There is no impact on the General Fund. The total estimated cost of the road improvement projects identified in the Revised Program Development Report for the West County area, is approximately $7.86 million. The proposed projects however, will only be partially funded by West County Area of Benefit fees. The Richmond/EI Sobrante Area of Benefit has made a commitment as has the City of Richmond to participate financially in the construction of these projects. Adoption of the Area of Benefit will generate approximately$600,000 for road improvement projects, when all the fees are collected by the year 2015 target date. The existing West County subarea unencumbered balance is $190,000. The existing Kensington subarea unencumbered balance is approximately $1,500. The estimated contribution from the Richmond/EI Sobrante Area of Benefit and the City of Richmond is approximately $4.3 million. Other sources of funding (State or Federal aid, or local sources such as sales tax and gas tax, etc..) will fund the remaining portions of the project costs. Reasons for Recommendations and Background: The Countywide Area of Benefit was first adopted by the Board of Supervisors on March 15, 1988, to improve the capacity and safety of the arterial road network in unincorporated Contra Costa County through the establishment of a traffic mitigation fee. The Countywide Area of Benefit was divided into seven regions, some of which were divided into subareas. The seven regions were named West County, Central County, Lamorinda, Alamo, South County, East County, and Bethel Island. The West County region was divided into three subareas, named Kensington, Hercules/Rodeo/Crockett, and West County. There was a separate fee schedule established for each region. Fees collected within subareas were held in a separate trust fund account specific to that subarea. The formation of separate Areas of Benefit based upon the original subareas of the Regions of the Countywide Area of Benefit will allow the Public Works Department staff to update and administer these subareas more efficiently. The fees for a particular subarea will now reflect the needs and potential development of that subarea and not of the region surrounding it. All areas of benefit "share" certain overhead costs (i.e., County Counsel review, environmental review, trust fund management of the area of benefit program, etc.). There are times when the revenue generated by fees collected in the existing Kensington subarea and the Briones subarea do not meet these overhead costs. Combining these subareas into the West County Area of Benefit will help cover these costs, while still allowing for the addition of a project of regional significance from one of the subareas to RESOLUTION NO. 95/..3.76 Formation of the West County Area of Benefit August 8, 1995 Page 3 Reasons for Recommendations and Background (continued): be added to the project list. In order to accomplish this goal, the balance of the Kensington trust account will be transferred into the West County trust account. Also, the sole project in the 41' Kensington subarea, will be added to the West County project list. The balance of the Briones to subarea and the responsibility for its sole project is being transferred to the Martinez Area of Benefit since development from that region has an impact upon that project. The project list set tJ forth in the Development Program Report are the same projects that were contained on the original project list for the West County subarea and the Kensington subarea of the West County Region of the Countywide Area of Benefit. The cost estimates and development potential have CA been revised, resulting in a new fee schedule. 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 and as a condition of issuing a building permit. The Public Works Director and Director of Community Development have completed a Revised Development Program Report for the West County 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, 65091, 66016, and 66484. Consequences of Negative Action: Failure to revise the West County Area of Benefit may result in lower revenue and the funding of future projects may be delayed. PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By o DepuYy Clerk NW:ML:ds g:Vranseng\ds\WCresd8.t8 Orig.Dept.: Public Works (T/E) Contact: Martin Lysons,Tei.313-2264 cc: County Administrator County Auditor-Controller Community Development-Gloria Slusher Treasurer-Tax Collector M.Shiu, Public Works Director Public Works Accounting V.Germany, Design Division RESOLUTION NO. 95/.176 ` Ordinance No. 95 - 3 7 West County Area of Benefit The Board of Supervisors of Contra Costa County ordains as follows: 'D SECTION I. SUMMARY. This ordinance provides for the formation of the West County Area G'1 of Benefit, and the adoption of fees to be collected from developments proposed in the West County Area of Benefit located in unincorporated Contra Costa County to fund road W improvements. SECTION II. REPLACEMENT. Within the new area of benefit, Ordinances 93-21 and 93-22 shall be repealed and replaced by this ordinance. 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 III. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017 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 ADOPTION. The following fees to fund road improvements are adopted for the West County Area of Benefit, as established by Resolution 95 3 7 6 dated August 8, 1995 and shall apply to all development within the Fee Area: West County Area of Benefit: Land Use Recommended Fee Single Family Residential $2,550 per Dwelling Unit Multiple Family Residential $2,040 per Dwelling Unit Commercial $4.86 per Square Foot Gross Floor Area Other $2,550 per peak hour trip Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. SECTION V. FEE AREA. The fee area shall include all of the unincorporated area within the West County Area of Benefit with the following exception: 1. Any development required under conditions of approval to construct certain off- site road improvements in lieu of fee payment. 2. Areas in the Richmond/EI Sobrante Area of Benefit 3. Areas in the North Richmond Area of Benefit The boundaries of the West County Area of Benefit as established by Resolution No. 95/_1 7 6 adopted August 8, 1995 are described in Exhibit A attached to this ordinance. SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915, to adjust or waive the fees provided for this ordinance. SECTION VI1. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance are to generate funds to finance improvements to certain bridges and major thoroughfares in the West County area. The fees will be used to finance the road improvements listed in the Development Program Report. As discussed in more detail in said report, there is ;.0 a reasonable relationship between the fees and the types of development projects that are CA subject to the fees in that the development projects will generate additional traffic on bridges and major thoroughfares in the West County area, thus creating a need to expand, extend or improve existing bridges and major thoroughfares and a need to construct new bridges and major thoroughfares to mitigate adverse traffic and infrastructure impacts that would otherwise 4*_-A result from such development projects. SECTION VIII. SEVERABILITY, Ifany 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 each part of this ordinance is valid, in and of itself, irrespective of the validity of any other part. SECTION IX. REVIEW OF FEES. Project cost estimates shall be reviewed periodically while the West County Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation using the State of California Construction Cost Index as published annually by the California Department of Transportation. At no time will the fee schedule be increased at a rate of more that 5% per year due to inflation. SECTION X. 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 West 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. SECTION XI. EXISTING FEE. The replacement of Ordinance No. 93-21 shall not affect fees accrued thereunder prior to the effective date of this ordinance, and such fees shall remain subject to payment and collection when building permits are issued in accordance with Section 9134.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. PASSED and ADOPTED on August 8, 1995 by the following vote: AYES: Supervisors Rogers, Smith, Torlakson and Bishop NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None Attest: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: (IAVVO,?AAMa Depu y Boa Chair NW/Muds g:14ranseng'ds\WCA0B0rd.t12 Attachments i ' Boundary Description West County .� Area of Benefit EXHIBIT"A" N {.J Real property in west Contra Costa County, California, (with the exception of the Kensington area hereinafter described) bounded on the north by Solano County, bounded on the west and south by Alameda County, and bounded on the east by the following described line: X11 Beginning in San Pablo Bay on the boundary common to Contra Costa and Solano Counties at the northwest prolongation of the souffwmst line of that property shown on the Map of Rodeo filed February 5. 1892 in Boole D of Maps at page 91;thence from the Point of Beginning, along said prolongation and southwest Line, southeasterly 17.000 feet, more or less, to the south comer of Block 27W on the west right of way line of Garretson Avenue; thence along said west line, southerly 140 feet, more or less, to an angle point; thence continuing along said road right of way, southeasterly-1,140 feet, to the southeast right of way line of Seventh Street; thence along said southeast line, northeasterly 60 feet, more or less, to the northeast line of Hercules.Powder Company property described in the deed recorded November 20, 1922 in Volume 429 of Oficial"Records at page 97, also being the northwestern prolongation of the southwest line of Assessor Parcel Number(hereinafter referred to as APN)357-120- 006 described in the deed to Linus F. Claeys recorded December 17, 1973 in Volume 7114 of Official Records at page 607; thence along said common line, southeasterly 1,200 feet, more or less, to the south comer of said Claeys property thence crossing Willow Avenue, southeasterly 380 feet,more or less,td the southern terminus of a curve concave to the northeast having a radius of 957.5 feet, on the northeast right of way line of Willow Avenue; thence along said northeast line, crossing Interstate 80 Freeway shown on State Highway Right of Way Map R-14-35, southeasterly 1,200 feet, more or less, to the northwest line of Subdivision 4325 recorded April 25, 1973 in Book 156 of Maps at page 29; thence along the northeast line of Willow Avenue widening parcel shown on said map, south 37°46'40" east 1,115.68 feet, south 41"W41" east 301.42 feet, and south 37°46'40" east 71.01 feet; thence crossing Viewpointe Boulevard, southeasterly 230 feet, more or less, to the southern terminus of a curve concave to the southeast having a radius of 50 feet,on the northeast right of way line of Willow Avenue; thence in a general southeasterly direction 626.23 feet, along said northeast line, also being the boundary of Subdivision 4958"Mariner's Point"filed August 19, 1977 in Book 201 of Maps at page 16; thence leaving said road and continuing along said boundary, south 37°4640"east 938.01 feet, to the southwest comer thereof; thence south 37°4640" east 473.24 feet to the most southern iron pipe marked LS 2742 shown on sheet 2 of said map(201 M 16);thence crossing Atchison Topeka and Santa Fe Railroad right of way, State Highway Route 4, and Franklin Canyon Road, southeasterly 325 feet, more or less, to the south right of way line of said road on the boundary of Subdivision 5007 filed August 2, 1977 in Book 200 of Maps at page 12, thence along said boundary, south 37°46'54" east 1,934.3 feet, south 77°16'06"east 2,636.77 feet, and south 29°29'35"east 200.18 feet, to the north comer of PARCEL MAP 1010 filed November 18, 1977 in Book 60 of Parcel Maps at page 12; thence along the boundary thereof, south 29029'35' east 592 feet, to the north comer of Subdivision 6722 "Refugio Valley Ranch''filed October 7, 1988 in Book 326 of Maps at page 9; thence along the boundary thereof; south 29°2910"east 2,679.56 feet, to the north comer of Subdivision 6723"Refugio Valley R2nc h"filed April 6, 1987 in Book 321 of Maps at page 24; thence along the boundary thereof, south 29°2S'i 0"east 1,100 feet and south 164528" west 551.76 feet, to the most northern corner of Subdivision 6724 "Estate Lots at Refugio Valley Ranch"filed February 12, 1987 in Book 310 of Maps at page 4�, thence along the boundary thereof as follows: 1) south 1645'28"west 377.93 feet, 2) south 66'2E'ab' east 1 1 546.45 feet, 3) south 842656" east 361.66 feet, 4) south 37`2627" east 311.92 fee% 5) south 22`52'10"west 1,95207 feet, 6) south 53`4T41"west 1,135.44 feet, 7) south 25`10'56"west 365.79 feet, 8)south 38'32'OT'west 205.69 feet,9)south 66`03`44"west 243.92 feet, and 10)south 24"W32-- west 4°50'32"west 28203 feet, to'the east comer of APN 362-090-008 described in PARCEL TWO in EXH161T"g-, in the deed to Refugio Valley Ranch Master recorded February 29, 1988 in Volume 14193 of Official 'z Records at page 318; thence along the south line thereof in a general westerly direction 3,982-63 feet, G7 to the west line thereof, thence along said west line, northerly 660 feet, more or less, to the south line � of Subdivision 3452"Silver Canyon, Unit No.2"recorded December 14, 1966 in Book 113 of Maps at page 47; thence along said south line, north 8320' west 150 feet, more or less, to an angle point thereon,south 76°36 west 316 feet,and south 82°OS west 338 feet to the east comer of the Amended � Map of Subdivision 3449"Silver Canyon Unit No. 1"recorded May 3, 1966 in Book 111 of Maps at page 17;thence along the boundary thereof, south 25°25'west 567 feet, south 8'30'west 15423 feet, and Ul south 87"06430"west 25283 feet, to the east comer of Subdivision 3544 recorded July 27, 1966 in Book 112 of Maps at page 18;thence along the boundary thereof,north 81°2919"west 716.01 feet and south 73°34'17"west 627.88 feet,to the west line of APN 360-232-012 being the west line of PARCEL ONE described in the deed to East Bay Municipal Utility District(hereinafter referred to as EBMUD) recorded April 25, 1957 in Volume 2969 of Official Records at page 595; thence along said west line, southerly 1,441.14 feet, to the northwest comer of APN 360-232-001 described in the deed to Leonard Mohring et ux recorded January 28, 1987 in Volume 13414 of Official Records at page 151 and excepted in said EBMUD deed (2969 O.R. 595); thence along the west line thereof, southerly 304.5 feet, more or less, to the north right of way line of Alhambra Valley Road; thence crossing said road, southerly 50 feet more or less, to the south right of way fine thereof on the west line of that 12.5 acre APN 360-231-001, also being the west line of said PARCEL ONE(2969 O.R. 595); thence along the boundary thereof, southerly 241.55 feet, to its junction with the boundary of Rancho el Pinole;thence along said common boundary, easterly 568.92 feet and southerly 660 feet, to"Station Post P.R. 10" s=i described in said PARCEL ONE(2969 O.R. 595)on the boundary of APN 432-020-002 described as PARCEL THREE in said deed (2969 O.R. 595); thence along the boundary of PARCEL THREE as follows: 1) southwesterly 1,438.7 feet, 2) westerly 122.2 feet, 3) southeasterly 516.9 feet, 4) southeasterly 763.32 feet, to the most northern comer of Subdivision 6485"Carriage Hills Unit Two" recorded September 11, 1985 in Book 293 of Maps at page 30, 5) along the north line of Subdivision 6485 in a general easterly direction 1,578.38 feet to the northeast comer of Subdivision 6485, and 6) easterly 590.2 feet, to the southeast comer of said EBMUD PARCEL THREE on the boundary of Rancho el Pinole; thence along said rancho boundary, southerly 312 feet and in a general easterly direction 4,913 feet, more or less, to the southwest comer of APN 362-100-001 conveyed in the deed to EBMUD dated December 8, 1938 and recorded in Volume 163 of Official Records-at page 90;thence along the south line thereof, continuing along the boundary of Rancho el Pinole, south 88°19'15"east 3,268.49 feet south 0°30'51"west 67208 feet, and south 88°0:341"east 1,267.92 feet, to the west line of APN 365-010-001 described as PARCEL TWO in the deed to EBMUD recorded September 14, 1950 in Volume 1632 of Official Records at page 326; thence along said west line in a general southerly direction 3,792.15 feet to the northwest comer of Subdivision MS 244-77 filed September 11, 1979 in Book 80 of Parcel Maps at page 35; thence along the boundary thereof, south 1'19'21"west 2,943.29 feet and south 89°21'12"east 4,197.78 feet; thence crossing Hampton Road, south 89°2112"east 40 feet, more or less, to an angle point on the south line of Subdivision MS 244-77; thence continuing along the boundary thereof, south 89`21'12" east 451.47 feet, and north 87°18130"east 42.27 feet, to the east line of Tract 27, Rancho El Sobrante; thence along the east line of Rancho el Sobrante, southerly 11,701.81 feet, to the northeast comer of APN 267-030-020 conveyed to EBMUD in said deed dated December 8, 1928 and recorded in Volume 163 of Official Records at page 90; thence along the east line thereof and its southem prolongation, southerly 2,450 feet, more or less, to the east right of way line of Bear Creek Road; thence along said road right of way in a general southwesterly direction 3,150 feet, more or less, to the eastern prolongation of the north line of APN 267-030-013 described as PARCEL ONE in the deed to EBMUD recorded February 9, 1990 in Volume 15650 of Official Records at page 239; thence along said prolongation, southwesterly 40 feet, more or less,to the north comer of said PARCEL ONE; thence along the boundary thereof in a general southwesterly, f southeasterly and easterly direction 3,900 feet, more or less, to the southeast comer thereof on the G northwest right of way line of Bear Creek Road; thence along said northwest line and its prolongation in a general southwesterly direction 1,450 feet,to the northwest prolongation of the southwest fight of way line of Camino Pablo; thence soutfieastedy 140 feet, more or fess, to an angle point on said southwest line and boundary of said APN 267-030-020 (163 O-R- 90); thence along said boundary as follows: 1) along said southwest line in a general southeasterly direction 1,620 feet, more or less, to the southeast comer thereof, 2) leaving said road right of way, along the southeast line of APN 267- G7 030-020 in a general southwesterly direction 2,000 feet, more or less, to an angle point,and 3)north 30053' west 99.2 feet, to the most eastem comer of APN 267-020-007 described in the deed to Theodore S. Urban, et al. recorded December 24, 1985 in Volume 12675 of Official Records at page 199;thence along the boundary common to Urban and EBMUD as follows: 1) north 30°53'west 998A feet,2)south 54*OT50"west 478.5 feet 3)north 63"03'west 257.1 feet, and 4)south 54°050"west 3,208.3 feet, to the northwest comer of APN 267-020-004 described in said Urban deed;thence in a general southerly direction 3,132 feet, more or less, along the west tine of APN 267-020-004(12675 O.R. 199)and the west line of APN 267-020-005 described in the deed to Johnson Odnda Ranch Inc. recorded April 23, 1981 in Volume 10294 of Official Records at page 858, to the northwest comer of PARCEL"A"shown on the Record of Survey filed October 3, 1968 in Book 51 of Licensed Surveyors' Maps at page 23;thence south 220 12`20"east 15207:feet and south 25°10'15"east 140.66 feet to the "FOUND 2"X 2"REDWD. STAKE&TACK'shown on said map (51 LSM 23) on the northeast line of APN 267-010-009 described in the deed to East Bay Regional Park District recorded July 24, 1940 in Volume 541 of Official Records at page 271; thence along said northeast line, southeasterly 531.76 feet, to the east comer thereof, also being the east comer of Lot 55 of Rancho Laguna de los Palos Colorados on Mount Diablo Base line, thence along said base line, westerly 2,600 feet, more or less, to the boundary common to Contra Costa and Alameda Counties, the terminus of said described line. t Form 1024.1B DE`UZNIINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 0676-2310-6P4070 CP NO. q+-4-3 ACTIVITY NAME: General Administration Areas of Benefit Revision DATE: June 29, 1994 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act(CEQA)pursuant to Article S, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIP'T'ION OF THE ACTIVITY: The activity consists only of revising existing Areas of Benefit (AOB's)boundaries and creating new AOB's. The AOB's are fee collection mechanisms only that are area specific and based on projected infrastructure needs. Due to changes in the development potential, development pattern, and traffic circulation needs in the County, boundary revisions are needed. Individual AOB's will be created that will have their own ordinance and fee schedules based on their own development potential and traffic circulation needs. The Public Works Department and the Community Development Department will review the fee schedules every January 1 that the AOB's are in effect and will adjust for inflation. The adjustment for inflation is not subject to CEQA. Once sufficient funds have been collected to design a given project, the proposed improvements will be covered by an appropriate project specific CEQA document. Following are representative projects that may occur within AOB's: (1) roadway widening, extensions, or realignments, (2) bridge widening or construction of new bridges, (3) signalization of intersections, upgrade of signals, and/or interconnection of signals, (4) alignment studies for roadways. LOCATION: Portions of West, Central, and South County areas are included (see attached figures). REVIEWED BY: DATE: Vickie Germany, Environmental Planner bA APPROVED BY: DATE: `- �kl W1 c:aobrev.det ommunity Development Representative (form rcAscd 5/27/93) CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration ft"69912 p 4: 53 Martinez, CA 94553-0095 SL WEIR. OS7A OMY 1 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Deet. er Project Description,Common Name (if any)and Location: GENERAL ADMINISTRATION AREAS OF BENEFIT REVISION, County File #CP 94-43: The activity consists only of revising existing Areas of Benefit (AOB's) boundaries and creating new AOB's. The AOB's are fee collection mechanisms only that are area specific and based on projected infrastructure needs. Due to changes in the development potential, development pattern, and traffic circulation needs in the County, boundary revisions are needed. Individual AOB's will be created that will have their own ordinance and fee schedules based on their own development potential and traffic circulation needs. The Public Works Department and the Community Development Department will review the fee schedules every January 1 that the AOB's are in effect and will adjust for inflation. The adjustment for inflation is not subject to CEQA. Once sufficient funds have been collected to design a given project, the proposed improvements will be covered by an appropriate project specific CEQA document. Following are representative projects that may occur within AOB's: (1) roadway widening, extensions, or realignments, (2) bridge widening or construction of new bridges, (3) signalization of intersections, upgrade of signals, and/or interconnection of signals, (4) alignment studies for roadways. Subject project is located in portions of West, Central, and South County areas. This project is exempt from CEGA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) 'XX General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (0) Categorical Exemption, Class_ Section_ This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on thp envi nment. Date: December 12, 1994 By: om Dev p t Department Representative II AFFIDAVIT OF HUNG : ND POSTING I declare thatn DEC 2 M I received and posted this notice as required by California Public Resources C&o/c, dp Section 21152(c). Said notice will remain posted for 30 days from the filing date. 1 ' I DEPUTY COUNTY CLERK �Signiture Title Applicant: / / County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini U) o a 02- 25 m Z m ch co c 0 CD zr 41 m 0 C- o �ID 0 CD -n o N0 a , , x :: ::F m, 3 0 $0 0 (n m to r Y :mD Z2- -n =1 -n � C: 0 cr3 3O a Z m m -0 —X m -0* m m0 o (D (A M 0 > m CD 0 0 chi =3r m0 m z rn 0 m Z 'Go 00 co CO 00 =r 0 " cn 0 (D am 0 0 m n c .. CD 3 'U CD < (fl Efl 4A 4A 'Go G D ❑ 3 Z 0 cn 0 cn m GDi m rQ z 0 n C: z ADOPTED BY BOARD OF SUPERVISORS ON AUGUST 8, 1995 DEVELOPMENT PROGRAM REPORT FOR THE WEST COUNTY AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF MAJOR THOROUGHFARE IMPROVEMENTS IN THE WEST COUNTY AREA PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE CONTRA COSTA COUNTY PUBLIC WORKS AND COMMUNITY DEVELOPMENT DEPARTMENTS August 8, 1995 DEVELOPMENT PROGRAM REPORT FOR THE WEST COUNTY AREA OF BENEFIT PURSUANT TO THE BRIDGE CROSSING AND MAJOR THOROUGHFARES FEE AREA POLICY INTRODUCTION AND PURPOSE The West County Area of Benefit is a development program to maintain and improve the capacity and safety of the arterial road network in the unincorporated area of western Contra Costa County. This ordinance applies to all new development within the unincorporated area of this Area of Benefit. This Development Program Report is required by the Board of Supervisors Policy on Bridge Crossings and Major Thoroughfare Fees (adopted July 17, 1979) which implements Division 913 of the County Ordinance Code and Section 66484 of the State Subdivision Map Act. One of the objectives of the County General Plan is to relate new development directly to the provision of community facilities necessary to serve that development. In other words, development cannot be allowed to occur unless a mechanism is in place to provide the funding for the infrastructure necessary to serve that development. The West County Area of Benefit is a means of providing funds to construct road improvements to serve potential new residential, commercial and industrial development. Requiring that all new development pay a road improvement fee will help ensure that they participate in the cost of improving the road system. Each new development or expansion of an existing development will generate new traffic. Where the existing road system is inadequate to meet future needs based on new development, improvements are required to meet the new demand. The purpose of this program is to determine improvements ultimately required by future development and to require developers to pay a fee to fund these improvements. Because the fee is based on the relative impact on the road system and the costs of the necessary improvements to mitigate this impact, the fee amount is roughly proportional to the development impact. This report discusses the basis of that fee amount. BACKGROUND The Countywide Area of Benefit was adopted by the Board of Supervisors on March 15, 1988 (Resolution 88/122 and Ordinance 88-27), to improve the capacity and safety of the arterial road network in Contra Costa County through the establishment of a traffic mitigation fee. The Countywide Area of Benefit consisted of seven regions. Some of the regions were further divided into subareas. The seven regions were called West County, Central County, Lamorinda, Alamo, South County, East County, and Bethel Island. The West County region was divided into three subareas, called Kensington, Hercules/Rodeo/Crockett, and West County. There was a separate fee schedule established for each region of the Countywide Area of Benefit. Fees collected within subareas are held in a separate trust fund account specific to that subarea. In 1993, the Countywide Area of Benefit was replaced by seven Regional Areas of Benefit. These seven Regional Areas of Benefit had the same boundaries, development potentials, 2 BACKGROUND (Continued) projects, and fees as the seven regions of the Countywide Area of Benefit formed in 1988. Ordinance 93-21 passed by the Board of Supervisor on March 9, 1993 repealed and replaced Ordinance 88-27. The formation of separate Areas of Benefit from the subareas of the Regional Areas of Benefit will allow Public Works Department staff to update and administer these individual subareas more efficiently. The West County Area of Benefit is needed in order to meet the projected transportation needs of the area. The Development Program Report includes revised project cost estimates, development potential, and a revised estimate of future development's relative traffic impact. This has led to a new Area of Benefit fee schedule. In addition, the West County subarea boundaries have been modified slightly to include an area east of the southerly portion of the existing boundaries. This area was a portion of the Briones subarea of the Central County Regional Area of Benefit. All areas of benefit"share" certain overhead costs (i.e., County Counsel review, environmental review, trust fund management of the area of benefit program, etc.). There are times when the revenue generated by fees collected in the existing Kensington subarea and the Briones subarea do not meet these overhead costs. Combining these subareas into the West County Area of Benefit will help cover these costs, while still allowing for the addition of a project of regional significance from one of the subareas to be added to the project list. In order to accomplish this goal, the balance of the Kensington trust account will be transferred into the West County trust account. Also, the sole project in the Kensington subarea, will be added to the West County project list. The balance of the Briones subarea and the responsibility for its sole project is being transferred to the Martinez Area of Benefit since development from that region has an impact upon that project. AREA OF BENEFIT - LOCATION Figure 1 shows the general location of the Area of Benefit within Contra Costa County. AREA OF BENEFIT BOUNDARY The Area of Benefit boundary is shown in Figure 2 and described in Exhibit A. COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE 1) PURPOSE OF THE FEE The purpose of this Area of Benefit is to generate monies through the adoption of a traffic mitigation fee to ensure a roadway network consistent with current and future transportation needs. By adoption of this fee, the proposed road improvement system will be able to keep pace with new growth. 3 COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE (continued) 2) USE OF THE FEES The fees will be used to generate monies to pay for the road improvements described in Exhibit B. This proposed Area of Benefit will only finance the minimum interim roadways needed to meet traffic level of service and safety demands. Amenities which do not have a direct effect on capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks, are not included. These improvements are considered as frontage improvements by the Board of Supervisors and as such are the responsibility of the owners of the adjacent properties and may be provided through development conditions of approval, or by other future means such as additional fees or assessment districts. 3) RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT The road improvement projects for which the fees will be used are necessary for the improvement of the safety and capacity of the road network serving the unincorporated West County area, as determined by future growth allowed for in the General Plan. The road network is outlined in the Circulation Element of the General Plan. 4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF DEVELOPMENT A peak trip generation factor has been associated for each type of development outlined in this program report. These factors are industry standards obtained from the Institute of Transportation Engineers, Trip Generation, 5th Edition. The proposed fee is based on distributing the cost of the Area of Benefit road improvement program to new development in proportion to the number of peak hour trips generated by the,particular type of new development. All new development will be required to pay a fee to fund the needed roadway improvements. GENERAL PLAN RELATIONSHIP The basis for the West County Area of Benefit is derived from the features of the County General Plan and its amendments, and subscribes to the policies of the General Plan elements. The General Plan and its various elements are available for review at the Community Development Department, County Administration Building, 651 Pine Street, Martinez, during office hours. ROAD NETWORK CAPACITY IMPROVEMENT PLAN The road network improvement program was developed using the Circulation Element and the development potential identified by the County General Plan. The road improvements will be funded and constructed in conjunction with the development of property within the West County Area of Benefit. The proposed projects however, are only partially funded by West County Area of Benefit fees. The rate of revenue generated within the West County Area of Benefit is 4 ROAD NETWORK CAPACITY IMPROVEMENT PLAN (continued) O dependent on the rate of new development. This affects the timing of the construction of an Area of Benefit project as it is dependent on the total amount of fees collected less expenditures. It is also dependent on the amount of funding provided by the City of Richmond and the Richmond/EI Sobrante Area of Benefit. Other sources of funding such as State or Federal aid, or local sources such as sales tax, gas tax, etc. will be pursued. The proposed projects will provide the capacity needed to serve the estimated potential development and future traffic volumes in the West County area. This Area of Benefit will finance only the minimum interim roadways needed to meet traffic level of service and safety demands. The road capacity improvement proposed by the West County Area of Benefit will be reviewed periodically to assess the impacts of changing travel patterns, the rate of development, and the adequacy of the estimated project costs. DEVELOPMENT POTENTIAL WITHIN THE AREA OF BENEFIT The development potential for the Area of Benefit was estimated by the County Public Works Departments using the General Plan and other resources by the County Community Development Department. A summary of the potential new residential dwelling units and commercial development is shown in Table 1. Table 1 Development Potential Category Floor Area Or Units Single Family Residential 92 Dwelling Units Multi-Family Residential 10 Dwelling Units Commercial 73,508 Square Feet ESTIMATED COST OF ROADWAY NETWORK IMPROVEMENTS The estimated West County Area of Benefit contribution shown in Exhibit B is only a portion of the total project cost. The area of benefit will not fund items which do not have a direct effect on safety or capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks. The area of benefit will only finance the proportional share of the road improvements necessitated by the impact on the road system from new development. The estimated West County Area of Benefit contribution has been increased by 2% to cover the cost of administration. This includes the estimated staff time for fee collection, accounting, and technical support to the community groups and traffic advisory committees. The total estimated cost of the projects listed on Exhibit B is approximately $7.86 million dollars. The City of Richmond and the Richmond/EI Sobrante Area of Benefit have committed to contributing approximately $4.30 million. The proposed West County Area of Benefit has been estimated to generate approximately$612,000. The existing unencumbered balance of the West County subarea is approximately $200,000. The existing unencumbered balance of the Kensington subarea is approximately $1,500. 5 BASIS FOR FEE APPORTIONMENT The concept of an Area of Benefit is the equitable distribution of road improvement costs to new development from which future traffic impacts will arise. As traffic impacts are directly related to the total number of vehicles on the road network, we are able to relate development road fees to the number of vehicle trips associated with a particular category of development. The four categories of land use for which a fee will be assessed in the West County Area of Benefit, are: single and multi-family residential, commercial, and "other". The total estimated Area of Benefit share of the project costs are divided by the sum of the peak hour trips generated by each category. In the residential categories, the cost is equally distributed between all dwelling units. In the commercial categories, the cost is distributed on the basis of each square foot of gross floor area. The "other" category exists for land uses which do not fall into either a residential or commercial category. For the"other" category, the fee would be based on the number of peak hour trips generated by the particular type of development. A traffic report prepared by a licensed engineer would be required to analyze the project's impact during the peak traffic hours. The project would then be charged the peak hour trip rate for the Area of Benefit, multiplied by the number of peak hour trips identified in the traffic report. The Board of Supervisors' Bridge Crossing and Major Thoroughfare Fee Policy, adopted July 17, 1979, excluded areas designated in the County General Plan as Agricultural Preserve and Open Space. This policy has been interpreted to exclude all properties zoned as agricultural because minor subdivisions and lot splits of such properties are often not for the purpose of new construction. Fees will be charged on these lands when a building permit for new construction is applied for. CALCULATION OF FEES The costs of the road improvement program have been distributed to each land use category in proportion to the number of peak hour trips generated by that category. The fee calculation is shown below in Table 2. Table 2 West County Area of Benefit Fee Calculation Land Use Units or Peak Hour Trips %Trips Cost Share Fee Square Factor Feet Single Family 92 1.0 92 38.3% $234,600 $2,550 Multi-Family 10 0.8 8 3.3% $20,400 $2,040 Commercial 73,508 0.0019 140 58.4% $357,000 $4.86 Other $2,550 TOTAL 240 100.0% $612,000 6 RECOMMENDED FEES The recommended fees for the West County Area of Benefit, resulting from the calculations in Table 2, are shown below. Single Family Residential: $2,550 per dwelling unit Multi-Family Residential: $2,040 per dwelling unit Commercial: $4.86 per SF of gross floor area Other: $2,550 per peak hour trip REVIEW OF FEES Project cost estimates will be periodically reviewed while the West County Area of Benefit is in effect. The fee schedule shall be adjusted annually to account for inflation using the State of California Construction Cost Index as published annually by the California Department of Transportation. At no time will the fee schedule be increased at a rate of more that 5 % per year for inflation. COLLECTION OF FEES Fees shall be collected when a building permit is issued in accordance with Section 913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code. Fees collected will be deposited in an interest bearing account already established by the Board of Supervisors on March 15, 1988. This trust fund account was set up for the West County subarea of the West County Region of the Countywide Area of Benefit. INTEREST ON FEES The interest accrued on the fees collected in the West County Area of Benefit, shall continue to accumulate in the trust account and shall be used for purpose of administration, design and construction of the fee area improvements. IN LIEU DEDICATION A development may be required to construct a portion of the road improvements identified in Exhibit B. In such a case the developer may be eligible to receive credit or reimbursement toward the Area of Benefit fee. The developer should contact the Public Works Department prior to the commencement of construction to determine the eligibility of the road improvement. NW/MUds g:VransengWs1WCA0Brep.t7 Attachments 7 ul U00 cc ca uo uw 4e cr. ul o 4 Iz 0 � cr. 06- cr- cr. 4 CLso ul Ul .0 d) CL r ule o cr- cr. C) Iz ol ZCD z 41 0 06. CL cc WEST . COUNTY AREA OFOBENEFIT CROCKETT T { RODEO} PINOLE I �t .�� N 4 AR HERCULES C4*j tr OR fw + 10 RICHMOND 10 �� A 58 CUTT EL CERRITt RINDA PROPOSED BOUNDARY qA PROPOSED ADDITION EXCLUDING THEREFROM: 1 ) Incorporated cities 2) Richmond / El Sobrante Area of Benefit 3) North Richmond Area of Benefit 4) Kensington Road Improvement Assessment District NOT TO SCALE FIGURE 2 Boundary Description West County Area of Benefit EXHIBIT"A" Real properly in west Contra Costa County, California, (with the exception of the Kensington area hereinafter described) bounded on the north by Solano County, bounded on the west and south by Alameda County, and bounded on the east by the following described line: Beginning in San Pablo Bay on the boundary common to Contra Costa and Solano Counties at the northwest prolongation of the southwest line of that property shown on the Map of Rodeo filed February 5, 1892 in Book D of Maps at page 91;thence from the Point of Beginning, along said prolongation and southwest fine, southeasterly 17,000 feet, more or less, to the south comer of Block 27W on the west right of way line of Garretson Avenue; thence along said west line, southerly 140 feet, more or less, to an angle point; thence continuing along said road right of way, southeasterly_-1,140 feet, to the southeast right of way line of Seventh Street thence along said southeast line, northeasterly 60 feet, more or less, to the northeast line of Hercules.Powder Company property described in the deed recorded November 20, 1922 in Volume 429 of Official-Records at page 97, also being the northwestern prolongation of the southwest line of Assessor Parcel Number(hereinafter referred to as APN)357-120- 006 described in the deed to Linus F. Claeys recorded December 17, 1973 in Volume 7114 of Official Records at page 607; thence along said common line, southeasterly 1,200 feet, more or less, to the south comer of said Claeys property thence crossing Willow Avenue, southeasterly 380 feet,more or less,to the southem terminus of a curve concave to the northeast having a radius of 957.5 feet, on the northeast right of way line of Willow Avenue; thence along said northeast line, crossing Interstate 80 Freeway shown on State Highway Right of Way Map R-14-35, southeasterly 1,200 feet, more or less, to the northwest line of Subdivision 4325 recorded April 25, 1973 in Book 156 of Maps at page 29; thence along the northeast line of Willow Avenue widening parcel shown on said map, south 37°46'40" east 1,115.68 feet, south 41`00`41" east 301.42 feet, and south 37°46'40" east 71.01 feet; thence crossing Viewpointe Boulevard,southeasterly 230 feet, more or less, to the southern terminus of a curve concave to the southeast having a radius of 50 feet,on the northeast right of way line of Willow Avenue; thence in a general southeasterly direction 626.23 feet, along said northeast line, also being the boundary of Subdivision 4958"Marinees Point"filed August 19, 1977 in Book 201 of Maps at page 16; thence leaving said road and confinuing along said boundary, south 37'04640"east 938.01 feet, to the southwest comer thereof, thence south 37°46'40" east 473.24 feet to the most southern iron pipe marked LS 2742 shown on sheet 2 of said map(201 M 16); thence crossing Atchison Topeka and Santa Fe Railroad right of way, State Highway Route 4, and Franklin Canyon Road, southeasterly 325 feet, more or less,to the south right of way line of said road on the boundary of Subdivision 5007 filed August 2, 1977 in Book 200 of Maps at page 12, thence along said boundary, south 3746'54" east 1,934.3 feet, south 77`16'06" east 2,636.77 feet, and south 2929'35' east 200.18 feet, to the north comer of PARCEL MAP 1010 filed November 18, 1977 in Book 60 of Parcel Maps at page 12; thence along the boundary thereof, south 2929'35" east 592 feet, to the north comer of Subdivision 6722 "Refugio Valley Ranch"filed October 7, 1988 in Book 326 of Maps at page 9; thence along the boundary thereof, south 2929'10"east 2,679.56 feet, to the north comer of Subdivision 6723"Refugio Valley Ranch"filed April 6, 1987 in Book 321 of Maps at page 24; thence along the boundary thereof, south 29°29`;(Y east 1,100 feet and south 16'45'28(' west 551.76 feet, to the most northern comer of Subdivision 6724 "Estate Lots at Refugio Valley Rand-i"filed February 12, 1987 in Book 310 of Maps at page 49; thence alono the boundary thereof as foliovvs� 1) south 16°45.28"west 377.93 feet, 2) south 66'26'516" east 10 546.45 feet, 3) south 8426'56" east 361.66 feet, 4) south 3726'27" east 311.92 feet, 5) south 22°52'10"west 1,952.07 feet, 6) south 5347'41"west 1,135.44 feet, 7) south 25'10'56"west 365.79 feet,8)south 38'3Z'OT'west 205.69 feet, 9)south 66`03'44"west 243.92 feet, and 10) south 24050132" west 282.03 feet, to-the east corner of APN 362-090-008 described in PARCEL TWO in EXH18iT"g" in the deed to Refugio Valley Ranch Master recorded February 29, 1988 in Volume 14193 of Official Records at page 318; thence along the south line thereof in a general westerly direction 3,982-63 feet, to the west line thereof; thence along said west line, northerly 660 feet, more or less, to the south line of Subdivision 3452"Silver Canyon, Unit No.2"recorded December 14. 1966 in Book 113 of Maps at page 47; thence along said south fine, north 8320' west 150 feet, more or less, to an angle point thereon,south 76°35 west 316 feet,and south 82`05 west 338 feet,to the east comer of the Amended Map of Subdivision 3449"Silver Canyon Unit No. 1"recorded May 3, 1966 in Book 111 of Maps at page 17;thence along the boundary thereof, south 25"26 west 567 feet, south 8°30'west 15423 feet, and south 87°06'30"west 252.83 feet, to the east comer of Subdivision 3544 recorded July 27, 1966 in Book 112 of Maps at page 18;thence along the boundary thereof, north 81'2619"west 716.01 feet and south 73°34.17"west 627.88 feet,to the west line of APN 360-232-012 being the west line of PARCEL ONE described in the deed to East Bay Municipal Utility District(hereinafter referred to as EBMUD) recorded April 25, 1957 in Volume 2969 of Official Records at page 595; thence along said west line, southerly 1,441.14 feet, to the northwest comer of APN 360-232-001 described in the deed to Leonard Mohring et ux recorded January 28, 1987 in Volume 13414 of Official Records at page 151 and excepted in said EBMUD deed (2969 O.R. 595); thence along the west line thereof, southerly 304.5 feet, more or less, to the north right of way line of Alhambra Valley Road; thence crossing said road, southerly 50 feet, more or less, to the south right of way line thereof on the west line of that 12-5 acre APN 360-231-001, also being the west line of said PARCEL ONE(2969 O.R 595);thence along the boundary thereof, southerly 241.55 feet, to its junction with the boundary of Rancho el Pinole;thence along said common boundary, easterly 568.92 feet and southerly 660 feet, to"Station Post P.R. 10" described in said PARCEL ONE(2969 0.11595) on the boundary of APN 432-020-002 described as PARCEL THREE in said deed (2969 O.R_ 595); thence along the boundary of PARCEL THREE as follows: 1) southwesterly 1,438.7 feet, 2) westerly 122.2 feet, 3) southeasterly 516.9 feet, 4) southeasterly 763.32 feet, to the most northern comer of Subdivision 6485 "Carriage Hills Unit Two" recorded September 11, 1985 in Book 293 of Maps at page 30, 5) along the north line of Subdivision 6485 in a general easterly direction 1,578.38 feet to the northeast comer of Subdivision 6485, and 6) easterly 5902 feet, to the southeast comer of said EBMUD PARCEL THREE on the boundary of Rancho el Pinole; thence along said rancho boundary, southerly 312 feet and in a general easterly direction 4,913 feet, more or less, to the southwest comer of APN 362-100-001 conveyed in the deed to EBMUD dated December 8, 1938 and recorded in Volume 163 of Official Records-at page 90; thence along the south line thereof, continuing along the boundary of Rancho el Pinole, south 88°19'15"east 3,268.49 feet, south 0°30'51"west 67208 feet, and south W03'41"east 1,267.92 feet, to the west line of APN 365-010-001 described as PARCEL TWO in the deed to EBMUD recorded September 14, 1950 in Volume 1632 of Official Records at page 326; thence along said west line in a general southerly direr ion 3,792.15 feet to the northwest comer of Subdivision MS 244-77 filed September 11, 1979 in Book 80 of Parcel Maps at page 35; thence along the boundary thereof, south Vo 19'21"west 2,943.29 feet and south 8902112"east 4,197.78 feet; thence crossing Hampton Road, south 8902112"east 40 feet, more or less, to an angle point on the south line of Subdivision MS 244-77; thence continuing along the boundary thereof, south 8921'12" east 451.47 feet, and north 87'18'30" east 42.27 feet, to the east line of Tract 27, Rancho El Sobrante; thence along the east line of Rancho el Sobrante, southerly 11,701.81 feet, to the northeast comer of APN 267-030-020 conveyed to EBMUD in said deed dated Occember 8, 1928 and recorded in Volume 163 of Official Records at page 90; thence aiong the east line thereof and its southern prolongation, southerly 2,450 feet, more or less, to the east right of way line of Bear Creek Road; thence along said road right of way in a general southwesterly direction 3,150 feet, more or less, to the eastern prolongation of the north line of APN 267-030-013 described' as PARCEL ONE in the deed to EBMUD recorded February 9, 1990 in Volume 15650 of Official Records at page 239; thence along said prolongation, southwesterly 40 feet, more or less,to the north comer of said PARCEL ONE; thence along the boundary thereof in a general southwesterly, southeasterly and easterly direction 3,900 feet, more or less, to the southeast comer thereof on the northwest right of way line of Bear Creek Road;thence along said northwest line and its prolongation in a general southwesterly direction 1.450 feet, to the northwest prolongation of the southwest right of way line of Camino Pablo; thence southeasterly 140 feet, more or less, to an angle point on said southwest line and boundary of said APN 267-030-020 (163 O.R. 90); thence along said boundary as follows: 1) along said southwest line in a general southeasterly direction 1,620 feet, more or less, to the southeast comer thereof, 2) leaving said road right of way, along the southeast line of APN 267- 030-020 in a general southwesterly direction 2,000 feet, more or less, to an angle point, and 3)north 30053' west 99.2 feet, to the most eastern corner of APN 267-020-007 described in the deed to Theodore S. Urban, et a1_ recorded December 24, 1985 in Volume 12675 of Official Records at page 199;thence along the boundary common to Urban and EBMUD as follows: 1) north 30°53'west 998.4 feet,2)south 54"OT50"west 478.5 feed 3) north 63`03'west 257.1 feet, and 4)south 5400TST west 3,208.3 feet, to the northwest comer of APN 267-020-004 described in said Urban deed; thence in a general southerly direction 3,132 feet, more or less. along the west line of APN 267-020-004(12675 O.R. 199)and the west line of APN 267-020-005 described in the deed to Johnson Odnda Ranch Inc. recorded April 23, 1981 in Volume 10294 of Official Records at page 858, to the northwest comer of PARCEL"A"shown on the Record of Survey filed October 3, 1968 in Book 51 of Licensed Surveyors' Maps at page 23;thence south 2201220"east 15207:feet and south 251015'east 140.66 feet to the "FOUND 2"X 2"REDWO. STAKE&TACK'shown on said map (51 LSM 23) on the northeast line of APN 267-010-009 described in the deed to East Bay Regional Park District recorded July 24, 1940 in Volume 541 of Official Records at page 271; thence along said northeast line, southeasterly 531.76 feet, to the east comer thereof, also being the east comer of Lot 55 of Rancho Laguna de los Palos Colorados on Mount Diablo Base Une; thence along said base line, westerly 2,600 feet, more or less, to the boundary common to Contra Costa and Alameda Counties, the terminus of said described line. 12 y Exhibit "B" WEST COUNTY AREA OF BENEFIT PROJECT LIST Estimated *No. Name Description AOB Contribution 1 Appian Triangle Widen to 4-lane arterial standard $400,000 2 EI Portal Drive Widen to 4-lane arterial standard from San $50,000 Pablo Dam Road to 1-80 3 Milton Drive at San Construct signal $50,000 Pablo Dam Road 4 San Pablo Dam Road Modify intersection to dual left turn onto $50,000 at Appian Way Appian Way 5 San Pablo Dam Road Construct fifth lane from Appian Way to $200,000 Castro Ranch Road 6 Arlington Improve intersections at Amherst and $50,000 Sunset and install signals '`Projects are not listed by priority Total West County Area of Benefit contribution $800,000 Existing West County and Kensington Areas of Benefit Unencumbered Balances -$200,000 Project Funding to be Generated by New Development $600,000 2% Area of Benefit Administration $12,000 Total Revenue Generated by New Development $612,000 13 6 c . 17 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 18, 1995 SUBJECT: Set Date for Public Hearing to Form the West County Area of Benefit. SPECIFIC REQUESTS) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION I. Recommended Action: FIX August 8, 1995 at 9:45 a.m. for a public hearing to form the West County Area of Benefit and DIRECT the Public Works Director to give notice of the hearing and to file a copy of the Development Program Report for the proposed West County Area of Benefit with the Clerk of the Board in accordance with Government Code Sections 65091 and 66484. If. Financial Impact: The formation of the West County Area of Benefit will have no financial impact on the General Fund. The funds collected will be deposited in a trust fund account specific to the improvements to be funded by the West County Area of Benefit. Ill. Reasons for Recommendations and Background: Western Contra Costa County will continue to experience growth and development under the current general plan. The County intends to enter into a joint powers agreement with the City of Richmond to construct regional improvement necessary to serve planned development. The proposed projects to be partially funded by this fee program include: the Appian Way realignment and widening, the traffic signal at Milton Drive at San Pablo Dam Road, and the widening of EI Portal Drive and San Pablo Dam Road. IV. Consequences of Negative Action: Failure to form the West County Area of Benefit may resulin lower revenue and the funding of future projects may be delayed. Continued on Attachment: SIGNATURE: �� ✓ �� _ RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE —APPROVE _OTHER SIGNATURE(S): ACTION OF BOARD ONAPPROVED AS RECOMMENDED_OTHER_ VOTE OF SUPERVISORS ✓ UNANIMOUS (ABSENT Z. AYES: NOES: ABSENT: ABSTAIN: ML:ds:eh g:\transeng\ml\:B011AOB.t7 I hereby certify that this is a true and correct copy Of Orig. Div: Public Works(T/E) an action taken and entered on the minutes of the Contact: Martin Lysons,Tel.313-2295 Board of Supervisors on the data shown. cc: M. Shiu, Deputy Public Works Director ATTESTED: -La. 199s Community Development-G. Slusher PHIL BAtCHIAbR,clerk of the Board Auditor/Controller of Supervisors and County Administrator Public Works Accounting + Design-V.Germany ey ,Deputy