HomeMy WebLinkAboutMINUTES - 07081997 - C28-C29 Recording Requested By
Contra Costa Count CONTRA COSTA Co Recorder's office
Y STEPHEN L. WEIR, County Recorder
Return To: DOC - 97-0150589-00
Wednesday, AUG 20, 1997 15:33:13
Board of Supervisors FRE $0.001 ;
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Martinez, CA 94553 lrc/R9/1-9
Document Title(s)
ORDINANCE NO. 97-22
Adoption of West Contra Costqa Subregional
Transportation Mitigation Fees
ORDINANCE NO. 97 - 22
(Adoption of West Contra Costa Subregional
Transportation Mitigation Fees)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the adoption of fees to be
used for bridge and major thoroughfare improvements within the West Contra Costa
Subregional Transportation Mitigation Fee Area of Benefit. This ordinance is enacted as
part of the Subregional Transportation Mitigation Program ("STMP") approved by the West
Contra Costa Transportation Advisory Committee ("WCCTAC") and its member agencies
(Cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo; Contra Costa County; AC
Transit; and BART) pursuant to Measure C, the Contra Costa County half-cent sales tax
measure adopted in 1988.
SECTION H. AUTHORITY. This ordinance is enacted, in part, pursuant to
Government Code Sections 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(a),
66474.2(b) and 66484 and Division 913, Title 9, of the Contra Costa County Ordinance
Code, and all required notices have been properly given and public hearing held.
SECTION IV. FEE ADOPTION AND COLLECTION.
A. The following fees are hereby adopted for the West Contra Costa Subregional
Transportation Mitigation Fee Area of Benefit to fund the bridge and major
thoroughfare improvements described in the Development Program Report on file
with the Clerk of the Board, and shall be levied and collected pursuant to the above
authorities:
West Contra Costa Subregional Transportation Mitigation Fees:
Land Use Type Fee Amount
Single family residential. $700 per dwelling unit
Individual units and duet homes
with one shared wall, and
residential condominiums.
Multi family residential $560 per dwelling unit
Commercial, office, industrial, retail $0.20 per square foot of gross floor area
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ORDINANCE NO. 97 - 22
9'7 150 59
Other non-residential uses not $150 per trip generated,
identified above as calculated by a traffic study approved
by the County with methodology approved
by WCCTAC
B. No development shall be exempt from the fee; provided, that any development
which, as of the date of the notice published pursuant to Government Code Section
66474.2(b), (i) has perfected an exemption pursuant to the vesting tentative map law
or (ii) has entered into a development agreement with the County which expressly
excludes assessment of additional fees, shall not be subject to the fees required to be
imposed hereby.
C. A project that replaces an existing structure or development is subject to the fee only
to the extent that it would generate more peak hour vehicle trips than the existing
development.
D. The fees specified herein shall be made a condition of approval of all tentative and
final subdivision maps. Except as provided above in subsection B, the fees shall be
collected prior to the issuance of any building permit, as specified in Section 913-
4.204 of the Contra Costa County Ordinance Code.
E. The fees specified herein shall be collected for all projects in the area described in
Section VI below.
F. Fees paid pursuant to this ordinance shall be remitted on a quarterly basis to the
Contra Costa Transportation Authority ("CCTA"), to be placed in a fund to be used
solely for the purposes described in this ordinance. Any interest accumulated on such
funds shall also be used only for the purposes specified in this ordinance.
G. The fees payable under this ordinance shall be in addition to fees payable for the
following existing areas of benefit:
1. Hercules-Rodeo-Crockett Area of Benefit
2. Richmond-El Sobrante Area of Benefit
3. North Richmond Area of Benefit
4. West County Area of Benefit
SECTION V. FEE REDUCTION AND CREDITS.
A. The fees set forth in Section IV above are already subject to a significant discount
and do not reflect the full cost of the traffic impacts associated with development.
Nevertheless, a developer may request a further reduction in fees through the County
if it is the opinion of the developer that the project may generate a lower number of
trips than data provided by the Institute of Transportation Engineers (ITE) that was
used as the basis for the Nexus Analysis Report, or for a use not identified in Section
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ORDINANCE NO. 97 - 22
97 15e"59
IV above. Any further fee reduction would be based upon a traffic study which
determines that the traffic impacts of the proposed development would generate fees
that are less than the fees that are set forth in Section IV above. The methodology
for conducting the study shall be developed and approved by WCCTAC Technical
Advisory Committee, with concurrence of WCCTAC. The County shall determine
the appropriate fee reduction based upon the proportionate reduction in trips
demonstrated in the traffic study.
B. A developer may receive credit against fees for the dedication of land for right-of-way
and/or construction of improvements for specific bridge and major thoroughfare
improvements described in the Development Program Report on file with the Clerk
of the Board, where such right-of-way or construction is beyond that which would
otherwise be required for approval of the proposed development. The calculation
of the amount of credit against fees for dedications or improvements shall be based
on a determination by the County that such credits are in fact exclusive of the
dedications, setbacks, improvements, and/or traffic mitigation measures which are
required by local ordinance, standards, or other practice. In addition, the credit shall
be calculated based upon the actual cost of construction of improvements or, in the
case of land dedication, on an independent appraisal approved by the County.
SECTION VI. FEE AREA. The fees set forth in this ordinance shall apply to all
property described in Exhibit A attached hereto.
SECTION VII. PURPOSE AND USE OF FEES: FINDINGS.
A. The purpose of the fees described in this ordinance is to generate funds to finance
improvements to certain bridges and major thoroughfares in the West Contra Costa
Subregional Transportation Mitigation Fee Area of Benefit. The fees will be used
to finance the bridge and major thoroughfare improvements listed in the
Development Program Report. As discussed in more detail in said report, there is
a reasonable relationship between the fees and the types of development projects
that are 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 result from such development projects.
B. The fees will be used to pay for the administration, planning, environmental
documentation, design, right-of-way acquisition, and construction of the bridge and
major thoroughfare improvements described in the Development Program Report on
file with the Clerk of the Board. The fees levied hereunder shall be used solely for
the Highway 4 West project and any other eligible bridge or major thoroughfare
improvements approved by the County.
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ORDINANCE NO. 97 - 22
97 15C 53
C. The nexus findings, in conformance with Government Code Section 66000 and
following, contained in the "Nexus Analysis Report" prepared for WCCTAC by
Cambridge Systematics, Inc., which report is on file with the Clerk of the Board, are
incorporated herein by reference.
SECTION VIII. 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 DC ANNUAL FEE ADJUSTMENT. Effective July 1, 1998, and July 1 of
each subsequent year, the amount of the fees set forth in Section IV.A shall be adjusted by
the rate of inflation in the Engineering News-Record Construction Cost Index for the San
Francisco Bay Area for the preceding fiscal year (July 1 through June 30). The adjustment
shall be automatic and shall not require further notice or public hearing.
SECTION X. EFFECTIVE AND TERMINATION DATES.
A. This ordinance shall take effect 60 days after passage but shall not become operative
until the Community Development Department files a statement with the Clerk of
the Board certifying that similar fees have been adopted by the Cities of El Cerrito,
Hercules, Pinole, Richmond and San Pablo.
B. Within 15 days of passage, this ordinance shall be published once, with the names of
the Supervisors voting for and against it, in the West County Timas ,
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.
C. This ordinance shall terminate on December 31, 2010, unless subsequently extended
by the Board of Supervisors.
PASSED and ADOPTED on July 8, 1997 1997 by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
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ORDINANCE NO. 97 - 22
97 15C Sq
ATTEST: Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator $ �Q
By: 24,4 L,
Deputy Board Chair
Shirley Casillas Mark DeSaulnier
Publication Date: July 21, 1997
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ORDINANCE NO. 97 - 22
97 15055')
EXHIBIT "A"
LEGAL DESCRIPTION
OF
WEST CONTRA COSTA SUB-REGIONAL
TRANSPORTAION MITIGATION FEE AREA
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ORDINANCE NO. 97-22
WCCTAC Boundary
Legal Description
EXHIBIT "A" 37
Real property in Contra Costa County, California described as follows:
Beginning at the most south easterly comer of the 18.04 acre parcel of land shown on the Record
of Survey filed December 22, 1931 in Book 2 of Licensed Surveyor Maps at page 5; thence from
said Point of Beginning south 66°11'00"west 125.15 feet to the northeasterly line of the Southern
Pacific Railroad right of way; thence southerly to the southwesterly line of said railroad right of way
to an 1/2" iron pipe and tags L.S. 3489 as shown on the Record of Survey filed April 10, 1990 in
Book 93 of Licensed Surveyors Maps at page 32; thence south 43°2643"west 341 feet more or
less to the westerly right of way line of Carquinez Scenic Drive (formerly Pomona Avenue); thence
along said right of way line in a general southerly direction 555 feet more or less to the easterly
boundary of the parcel of land granted to Hook Recorded December 19, 1993 in Book 18288 of
Official Records at page 889; thence along said boundary in a general southerly and southeasterly
direction 1771 feet more or less to the southeasterly comer of said Hook parcel (18288 OR 889);
thence along the south line of said parcel and its westerly prolongation,west 4050 feet more or less
to the easterly right of way line of McEwen Road; thence westerly 50 feet more or less to the
westerly right of way line; thence continuing westerly 4250 feet more or less to the northwest comer
of the parcel of land granted to Brenkle Enterprises recorded December 13, 1990 in Book 16298
of Official Records at page 223; said point is on the easterly right of way line of Cummings Skyway;
thence along said easterly right of way, southerly and southeasterly 3301 feet more or less to the
northerly right of way line of the John Muir Parkway (Highway 4); thence in a general southerly
direction 1070 feet more or less to the northerly boundary of the parcel of land shown on the
Record of Survey lot tine Adjustment 64-88 filed February 15, 1989 in Book 90 of Licensed
Surveyors Maps at page 16; thence along said northerly line and its northwesterly prolongation
north 78031'05"west 800 feet more or less to the southeasterly right of way line of Franklin Canyon
Road; thence along said right of way line in a southwesterly direction 5200 feet to the westerly
comer of parcel "B"as shown on the Minor Subdivision MS 98-70 filed October 9, 1970 in Book 14
of Parcel Maps at page 24, said point is on the easterly right of way line of the Atchison Topeka
and Santa Fe Railroad right of way; thence southwesterly to the westerly right of way line of said
railroad;thence along said westerly right of way line in a general southerly direction 5400 feet more
or less; thence leaving said westerly right of way line south 45*east 2300 feet; thence along the
westerly boundary of the 137,40 acre and 98.59 acre parcels south 002020"east 2621.20 feet to
the southwest comer of the 98.59 acre parcel as shown on the Record of Survey filed May 29,
1953 in Book 15 of Licensed Surveyors Maps at page 44; thence along the southerly boundary
(15 LSM 44) line south 87°50'20" east 2680.05 feet to the southeasterly comer of said 98.59 acre
parcel (15 LSM 44); thence along the west boundary Part F Rancho EI Pinole south 0°54" west
1837 feet as shown on the Record of Survey filed October 20, 1937 in Book 4 of Licensed
Surveyors Maps at page 26; thence continuing southerly along said west boundary 1600 feet more
or less to point PR 26 on the boundary of that parcel of land granted to Soehngen recorded
February 22, 1980 in Book 9741 of Official Records at page 584; thence along said boundary
easterly 600 feet to the westerly right of way line of Ferndale Road; thence along said right of way
1
line southeasterly 1150 feet more or less to the northeasterly boundary of Parcel 'A' of minor
subdivision MS 81-78 filed July 11, 1979 in Book 78 of Parcel Maps at page 45; thence south
75°58'05"west 1071.26 feet; thence south 30019"west 282.28 feet; thence south 24021'06"east
1165.5 feet to the southwesterly comer of Parcel B (78 PM 45); thence leaving Parcel B (78 PM
45) southwesterly 6687.79 feet along the general southeasterly boundary of Parcel B to its most
southerly comer as shown on minor subdivision MS 8-87 filed June 25, 1993 in Book 162 of Parcel
Maps at page 25; thence southwesterly 1719.2 feet more or less along the northwesterly boundary
of Parcel 'A' to the most westerly comer of parcel A as shown on minor subdivision MS 18-91 filed
December 29, 1992 in Book 160 of Parcel Maps at page 33; thence along the boundary of minor
subdivision MS 244-77 filed September 11, 1979 in Book 80 of Parcel Maps at page 35 the
following courses (1) south 1°2629"west 1058.16 feet, (2) south 87°18'30"west 2133.27 feet (3)
north 89021'12"west 4888 feet more or less to the southwesterly comer of Parcel 'A' (80 PM 35);
thence southerly, southwesterly, southeasterly 10454 feet more or less along the boundary of Tract
No. 27 as shown on the map of the Rancho EI Sobrante to the most easterly point of Tract No. 26
(Rancho EI Sobrante); thence southwesterly along the southeasterly line of said Tract No. 26 and
its southwesterly prolongation to the northeasterly right of way line of San Pablo Dam Road;thence
southeasterly along said right of way line to the southeasterly boundary of Specific Tract D (Rancho
EI Sobrante); thence south 47°50' west to the southerly comer of said Specfic Tract D; thence
along the southwest boundary line of Specific Tract D north 42°39' west 2253.9 feet and north
30°00'west 1511.4 feet more or less to the northerly comer of Lot 62 (Rancho EI Sobrante); thence
south 44°58' west along the northwesterly line of said Lot 62 to the Alameda/Contra Costa County
boundary line; thence along the Contra Costa County boundary line in a general westerly,
northwesterly, northerly, northeasterly and easterly direction to a point on the County boundary line
which is perpendicular to the Point of Beginning; thence along said perpendicular line to the Point
of Beginning.
RZ:jlg
g:Wehcallexhibits\RS Lotlin.t3
April 1, 1997
2
�. 29
ORDINANCE,NO. 97-25
(Director of Environmental Health Services Excluded from Merit System.)
The Contra Costa County Board of Supervisors ordains as follows(omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I: Section 33-5.313 of the County Ordinance Code is amended to exclude the
director of environmental health services from the merit system to read:
33-5.313. Health-medical. (a)The director of health services is excluded,and
is appointed by the board.
(b) The county health officer (Health and Safety Code Section 454) is
excluded, and is appointed by the board.
(c)The county physician(Health and Safety Code section 1441)is excluded,
and is appointed by the board.
(d) The county [local] director of mental health services (Welfare and
Institutions Code Section 5607,9 Cal.Admin. Code Sections 620,621 [Dir. of
Local Mental Health Services] is excluded, and is appointed by the board.
(e) The assistant to the director of health services-exempt is excluded and is
appointed by the director of health services.
(f)The assistant directors of health services are excluded,and are appointed by
the director of health services.
(g) Physicians and dentists serving the county (except those in the
classifications of assistant health officer, and chief of community health
service)are excluded, and are appointed by the director of health services.
(h)The health services administrative officer is excluded, and is appointed by
the director of health services.
(I) The medical director is excluded and is appointed by the board upon the
recommendation of the director of health services and the county
administrator.
ORDINANCE NO, 97-25
Page 2
(j) The marketing director/Contra Costa Health Plan is excluded and is
appointed by the director of health services.
(k) The health plan provider affairs manager-exempt is excluded and is
appointed by the director of health services.
(1) The county hospital executive director-exempt is excluded and is appointed
by the director of health services.
(m) The health services personnel officer-exempt director-exempt is excluded
and is appointed by the director of health services.
(n) The substance abuse program director-exempt is excluded and is appointed
by the director of health services.
(o) The director of medical staff affairs-exempt is excluded and is appointed by the
director of health services.
(p) The mental health medical director-exempt is excluded and is appointed by the
director of health services.
(q) The executive assistant to the hazardous materials commission-exempt is excluded
and is appointed by the director of health services.
(r) The health plan services assistant-exempt is excluded and is appointed by the
director of health services.
(s) The mental health education liaison-exempt is excluded and is appointed by the
director of health services.
(t) The deputy executive director, Contra Costa Health Plan-exempt is excluded and
is appointed by the director of health services.
(v) The director of environmental health services is excluded and is appointed by the
director of health services. (Ord. 97-_25 , § 1,Ords. 97-13, § 196-3 1, § 1, 93-3192-2,
§ 1, 90-124, § 1, 90-55, 86-97, 86-32, 85-50 §2, 83-9, 1-70 §2, 81-32 §I[5], 80-69 §1,
80-34 §1, 80-6,79-29, 79-9 §3: §32-2.602(7, 13, 16): prior code §2413 (g,n,r): Ords.
69-81, 2030, 471: Bd.Sups. Resol. # 79/201).
SECTION II: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
ORDINANCE N0. 97-25
Page 3
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
published in this County.
PASSED ON July 8, 1997 by the following vote: '
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By
Shirley Casillas
Board Chair
Date of Publication: July 21, 1997 Mark DeSaulni.er
[SEAL]
EVL:e
(June 20, 1997)
ORDINANCE NO, 97-25