HomeMy WebLinkAboutMINUTES - 08121997 - C10 �7
CONTRA COSTA Co Recorder's Office
Recording Requested By• STEPHEN L. WEIR, County Recorder
Contra Costa County DOC - 97-0148355-00
Monday, AUG 18, 1997 13:48:59
Return To: FRE $0.0011
Ttl Pd $0.00 Nbr-0000139722
Board of Supervisors lrc/R9/1-8
651 Pine St., Room 106
Martinez, CA 94553
Document Title(s)
Resolution and Ordinance to Fxt.end the Urgency Ordinance for the
Eastern Contra Costa Sub-Regional Transportation Mitigation Fee Program
97 148355
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 12, 1997
SUBJECT: Extend Urgency Ordinance for the Eastern Contra Costa Sub-Regional Transportation
Mitigation Fee Program.
Project No.: 0676-6P4075
RESOLUTION NO> 97/+45
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. It is recommended that the Board act on the following by ordinance:
1. EXTEND the interim authorization of road fees an additional 30 days until
permanent fees for the Eastern Contra Costa Sub-Regional Transportation
Mitigation Program become effective.
2. DIRECT the Clerk of the Board of Supervisors to record a certified copy of this
Board Order with the County Recorder.
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON I1���97 APPROVED AS RECOMMENDED OTHER
VOT OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
NW:nw:eh
g:\transeng\bo97te\FeeU rg 1.wpd
�hereby ceRtty that this Is a true and correct Dopy of
Ori .Div Public Works TE
a=i=d taken end entered on the minutes the
9 ( ) Board of Supe visors on the date shown.
Contact: Nancy Wein,Tel.313-2275 ATrESTED:
c: Auditor/Controller PHIL BATC4VLOR.clerk'of t.a board
Community Development/G.Slusher of SupervIsOff and county F.dminlstrator
Treasurer/Tax Collector
Public Works Accounting Mit, Do"
Public Works Design/J.Frattinni
1
9'7 148355
Extend urgency Ordinance for the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee
Program.
August 12, 1997
Page 2
II. Financial Impact:
The extension of the interim authorization to adopt road fees will result in the collection of
potential revenues from new developments for improvements described funded by the Eastern
Contra Costa Sub-Regional Transportation Mitigation Fee Program. There will be no impact to
the General Fund.
III. Reasons for Recommendations and Background:
On April 19, 1994 the Board of Supervisors adopted Resolution 94-45 approving the Eastern
Contra Costa Sub-Regional Mitigation Fee Program. On July 26, 1994 the fee program was
revised to minimize the impact on developers during the slow economic period that existed at the
time. The Board adopted Ordinance No. 94-54 which included a phasing schedule for all
residential land use categories to allow developments to adjust and plan for the increase in the
fee. A key element of the phased schedule was that the fee should be increased at the end of the
three year period to make the program "whole". That is, it was planned that the fee would be
revised after July 26, 1997 to recoup revenue lost during the three year period in which the fee
was phased.
On July 22, 1997 the Board approved the revision in the Eastern Contra Costa Sub-Regional
Transportation Mitigation Fee Schedule to make the program whole. In conformance with
Government Code Section 65962 the fees adopted at that time will be effective on September 19,
1997 (60 days after the adoption of the fee). Thus the Board adopted an urgency measure as
an interim authorization for fees to be collected immediately. Pursuant to Government Code
Section 65962, the authorization to adopt road fees is required so that potential revenues are not
lost during the time remaining before the revision in the fee schedule goes into effect. In the
event of Board concurrence in staff recommendation, a draft ordinance is attached for appropriate
action by the Board.
IV. Consequences of Negative Action:
Failure to extend the interim authorization to adopt road fees will result in a loss of potential
revenues during the time remaining before the area of benefit fees go into effect.
97 148355
Ordinance No. 97 -_[
(Urgency Measure for Interim Authorization to Revise Eastern
Contra Costa Sub-Regional Transportation Mitigation Fees)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the adoption of an urgency measure as an interim
authorization for fees to be used for bridge and major thoroughfare improvements within the Eastern
Contra Costa Sub-Regional Transportation Mitigation Area of Benefit, which improvements are needed
to protect the public health, safety and welfare.
SECTION II. FINDINGS. The Board finds that:
Highway 4, which runs between Bay Point and Discovery Bay, is the major regional access route within
the above-named area of benefit. Highway 4 is currently inadequate in capacity to serve present and
anticipated traffic generated by development within the Cities of Pittsburg, Antioch and Brentwood, as
well as the unincorporated areas of East County. As a result, Highway 4 is now experiencing travel
delays and traffic congestion of increasing severity.
To adequately handle present and anticipated traffic within the East County area, and to provide
congestion relief on Highway 4, it has been proposed to improve Highway 4 between Bailey Road and
Antioch, to construct a new access route known as the State route 4 Bypass between Antioch and
Brentwood, and to construct the Buchanan Bypass south of Pittsburg.
There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the
above-named area of benefit caused significant congestion, delay and economic loss to the entire East
County region. The resulting stressful driving conditions and reduction in air quality are adverse factors
affecting the public health, safety and welfare.
Residential, commercial and other construction activity is increasing in the East County area and is
expected to remain strong in the near future. The corresponding increase in traffic along Highway 4 and
connecting streets will further reduce the quality of travel throughout the entire East County area.
Failure to adopt the interim fees at this time will result in loss of potential revenues as residential and
commercial projects are built without having to contribute their fair share to the proposed improvements.
The ability to finance construction of necessary bridge and major thoroughfare improvements within the
East County area is detrimental to the public health, safety and welfare.
SECTION Ill. EXTENSION. The interim authorization for collection of road fees (Ordinance No. 97-29,
due to expire August 20, 1997), is hereby extended an additional 30 days (i.e. until September 19,
1997), at which time the interim authorization expires, unless further extended.
SECTION IV. 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 V. PROCEDURE. This ordinance was adopted pursuant to the procedure set forth in
Government Code Section 65962(c).
- 1 -
Ordinance No. 97- 34
9'7 148355
SLCTION VI. FEE ADOPTION. The following interim fees are hereby adopted for the Eastern Contra
'Costa Sub-Regional Transportation Mitigation Area of Benefit to fund the bridge and major thoroughfare
improvements described in the Revised Development Program Report dated July 26, 1994 and in the
Addendum to said Report dated July 22, 1997 on file with the Clerk of the Board, and shall be levied and
collected pursuant to the above authorities:
Eastern Contra Costa Sub-Regional Transportation Mitigation Fees:
Land Use Fee
Single Family (SF) Residential $4,903 per dwelling unit
Multi Family Residential 80% of SF rate ($3923)
Commercial $0.55 per square foot of gross floor area
Office $0.57 per square foot of gross floor area
Industrial $0.30 per square foot of gross floor area
Other $4,903 per peak hour trip
The fee rate for the Bay Point area for single family units and for the "Other" category shall be $1,206.
The rate for multiple family units will be 80% ($965) of the single family rate.
The Commercial, Office and Industrial land use rates are the same as shown above.
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title
9 of the Contra Costa County Ordinance Code.
The interim fees payable under this ordinance shall be in addition to fees payable for the following areas
of benefit:
1. Bethel Island Regional Area of Benefit
2. Discovery Bay Area of Benefit
3. Oakley/North Brentwood Area of Benefit.
4. East County Regional Area of Benefit (This area of benefit includes the East County
Sub-area, the Pittsburg/Antioch Sub-area and the Marsh Creek Sub-area.)
5. Bay Point Area of Benefit
However, where fees are payable for the Discovery Bay Area of Benefit, Oakley/North Brentwood Area
of Benefit or East County Regional Area of Benefit, the portion thereof that is allocated to the State
Route 4 Bypass shall be credited against the fees payable under this ordinance, as necessary to avoid
double payment for the State Route 4 Bypass.
The following shall be exempt from the fees levied under this ordinance: (1) any developments required
under conditions of approval to construct certain off-site road improvements in lieu of fee payment
subject to approval of the Eastern Contra Costa Regional Fee and Financing Authority; and (2) any
unimproved subdivision lots for which fees paid for one of the above areas of benefit were previously
paid, prior to August 8, 1994, at the time of map recordation.
SECTION VII. FEE AREA. The interim fees set forth in this ordinance shall apply to all property
described in Exhibit A attached hereto.
- 2 -
Ordinance No. 97-34
9'7 1 :8355
SECTION VIII. 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 within this ordinance, in
accordance with Eastern Contra Costa Regional Fee and Financing Authority policies.
SECTION IX. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance is
to generate funds to finance improvements to certain bridges and major thoroughfares in the Eastern
Contra Costa Sub-Regional Transportation Mitigation Area of Benefit. The fees will be used to finance
the road improvements listed in the Revised Development Program Report. As discussed in more detail
in the 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 East 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.
SECTION X. 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 XI. EFFECTIVE DATE. This ordinance shall become effective on August 20, 1997, and shall
be operative for thirty days, after which time it may be extended. Within 15 days of passage, this
ordinance shall be published once with the names of the Supervisors voting for and against it in the
Brentwood News, Antioch Ledger and the Contra Costa Times, a newspaper of general circulation
published in this County. Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code,
the Clerk of the Board shall promptly file a certified copy of this ordinance with the County Recorder.
PASSED and ADOPTED on August 12, 1997 by the following vote:
AYES: Supervisors Uilkema, Gerber, Canciamilla, Rogers
NOES: None
ABSENT: Supervisor DeSaulnier
ABSTAIN: Noen
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
By:
eputy Vice.Boa Chair
JB:NW:nw:eh
g/transeng/97ordte\Easturr2.wpd Shirley Casillas Jim Roger
7/7/97
- 3 -
Ordinance No. 97-34
Boundary Description
East County Area of Benefit
RECORDER'S MEMO:
POOR RECORD IS DUE TO 97 _14535
OUrALITY OF ORIGINAL DOCUUM
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north, east, and south by
the boundary of said county, and bounded on the west by the following described tine:
Beginning In Suisun Bay on the boundary of Contra Costa County at the northern prolongation of
the west One of Section 5, Township 2 North. Range 1 West, Mount Diablo Meridian; thence from
the Point of Beginning, along said prolongation end west lines of Sections 5 and 8 (T2N, R1W),
southerly 14,225 feet, more or less, to the west quarter comer of said Section 8; thence along the
midsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter comer of said
Section 8,thence along the east lines of Sections 8 and 17 (T2N, RIW), southerly 6,430 feet, more
or less, to the southwest comer of PARCEL "A" of Subdivision MS 9-83 filed January 20, 1984 in
Book 109 at page 10, Parcel Maps of said county, also being an angle point on the.boundary of
"CONCORD NAVAL WEAPONS STATION ANNEXATION" to the City of Concord certified
November 1, 1966; thence along said annexation boundary as follows: (1) southeasterly 8,670.76
feet to the north line of Section 27 (T2N, R1W), (2) southeasterly 10,641.44 feet, (3) southerly
3,015.62 feet, (4) southerly 1,478.05 feet, and (5) southwesterly 817.33 feet to the south line of
U.S.A. Explosive Safety Zone recorded December 27, 1977 in Volume 8645 at page 682, Official
Records of said county, and shown on the Record of Survey filed January 8, 1985 in Book 76 at
Page 12, licensed Surveyors Maps of said county; thence leaving said annexation boundary and
following the boundary of said safety zone (also being the boundary of"BRINTON ANNEXATION"
to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly
660.00 feet, (3) northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1
(TIN, RIM thence leaving the boundary of said safety zone, along said west line, southerly 2,582
feet;more or less, to the southeast vomer of"BRINTON ANNEXATION" on the north right of way
line of Kirker Pass Road (also being the northeast comer of"BERNSTEIN ANNEXATION" to the
City of Concord certified March 29, 1972); thence continuing along the west line of Section 1 (also
being the east line of "BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less, to the
southwest comer of said Section I on the north line of "OAKHURST COUNTRY CLUB AREA
ANNEXATION"to the City of Clayton certified November 30, 1987; thence leaving the boundary of
the City of Concord and following the boundary of sold City of Clayton annexation as follows: (1)
Tong the south line of Section 1,easterly 5,254.46 feet,to the northeast comer of Section 12 (T1 N.
RI"on Mournt.Diablo Meridian, (2) along said meridian. southerly 10,353.95 feet, to the northeast
Comer of Section"24.(TIN, R1W), (3) along the north line of Section 24, westerly 1,406.17 feet, to
fhe northeast ;,tight of way line of Marsh Creek Road shown on the Record of Survey filed
September 29, 1066 in Book 45 of I k w*nsed Surveyors Maps at page 2, (4) along said right of way
One in a general southeasterly.direction 1,526.21 feet to Mount piablo Meridian. sued (L) along raid
meridian,southerly 936.04 feet,to the most southeastern comer of said annexation; thence leaving
Mid annexation boundary, continuing along said meridian, southerly 72.73 feet, to the northwest
comer of"OAKWOOD ANNEXATION"to the City of Clayton certified August 16, 1990;thence ofung
the boundary of *,OAKWOOD ANNEXATION" (also being the boundary of Subdivision 7259
'0akwood"filed December 12, 1990 in Book 354 of Maps at page 5)as follows: (1)easterly 339.92
1
g� 148355
feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45
feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer of
'OAKWOOD ANNEXATION"on Mount Diablo Meridian., thence leaving said annexation boundary.
along sold meridian, southerly 13,854.07 feet, to National Geodetic Survey Station"Mount Olablo;"
thence continuing along said meridian, southerly 15,840 feet,more or less, to the southwest corner
of Section 18 (TIS, R 1 l); thence along the South Ones of Sections 18, 17, Is, 15 and 14 (T1s,
RIE). easterly 26,373 feet, more or less, to the northwest comer of Section 24 (T1 S. R1 E); thence
along the west Ines of Sections 24 and 25 (Ti S, RI E), Southerly 10,560 feet, more or less, to the
southwest comer of said Section 25; thence along the south One of Section 25 (T1 S, R I E)and the
south One of Section 30 (T1 S, ME), easterly 8,575 feet,more or less,to the southwest right of way
8ne of Morgan Territory Road shown on the map of Subdivision MS 18-86 Sled February 28, 1992
in Book 157 of Parcel Maps at page 43;thence along said southwest line In a general southeasterly
clirec don 686 feet, more or less, to the southwestem prolongation of the northwest one of
Subdivision MS 31.78 filed December 31, 1980 in Book 91 of Parcel Maps at page 44;thence along
said prolongation and northwest line, northeasterly 2,255.06 feet, to the west line of Section 29
(T1 S, ME);thence along said west line, southerly 1,020.02 feet,to the southwest comer of Section
29; thence along the south lines of Sections 29 and 28 (?1 S; R2E), easterly 10,560 feet, more or
less, to the northwest comer of Section 34, (TIS. R2E); thence along the west line of Section 34
(T18, R2E) and the west lines of Sections 3 and 10 (T2S, R2E), southerly 14, 960 feet, more or
less, to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the Local Agency
Formation Commision and as shown in Exhibit 1-4, page 1-9 of the Clayton General
Plan adapted July 17, 1985.
LH:jlg:rbt
c%ex:ECounty.AOB
3131194
4118/94
END OF Mum
NO
RECORDER'S
MEMO:
POOR.RECORD IS DUE T6
rVALITY OF ORIGINAL DOCUMINT
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