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HomeMy WebLinkAboutMINUTES - 08111998 - D8 • Contra 0: BOARD OF SUPERVISORS y Costa` FROM: DENNIS M. BARRY, AICA County COMMUNITY DEVELOPMENT DIRECTOR DATE: AUGUST 11, 1"998 SUBJECT: TRI-VALLEY TRANSPORTATION DEVELOPMENT FEEPROGRAM (CP#98-61) RESOLUTION NO. 981427 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RE'COMMENDATI NS 1 ACCEPT: a. The Joint Exercise of Powers Agreement (JEPA) pertaining to the Tri- Valley Transportation Development (TVTD) Fees for Traffic Mitigation (Exhibit A); b. The proposed Regular Ordinance establishing the Tri-Valley Transportation Development Fee Area (Exhibit B); C. The proposed Urgency Ordinance establishing the Tri-Valley Transportation Fee Area (Exhibit C);. d. The Development Program Report for the Tri-Valley Transportation Development Fee Program (Exhibit D) and e. The Pledge to Continue the Collection of the TVTD''Fee Pursuant to the Tri-Valley Transportation Development Fee Joint Exercise Powers Agreement (Exhibit E) CONTINUED ON ATTACHMENT: X YES SIGNATURE - RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM[ TEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON August 11, 1998 APPROVED AS RECOMMENDED X_._.OTHER VOTE:.OF SUPERVISORS HEREBY CERTIFY THAT THIS IS A TRUE x UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES:: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Daniel J. Pulon, AICP (9251335-1241) ATTESTED August 11, 1998 cc: Community Development Department (CDD) PHIL BATCHELOR, CLERK OF Sharrell Michelotti, TVTC Chair THE BOARD OF SUPERVISORS County Counsel' AND COUNTY ADMINISTRATOR ......Martin Lysons, (PWD) V BY , DEPUTY dp cAwp51\tvtc\tvtefee.bos TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PROGRAM August 11, 19911 Page 2 2. OPEN the public hearing on an, ordinance establishing the Tri-Valley Transportation Development'Fee Area. 3. CLOSE the public hearing and consider the following actions: a. ADOPT and APPROVE the Development Program Report pertaining to the Tri-Valley Transportation Development Fee Program (attached as Exhibit "D") b. DETERMINE that the project is not subject to the California Environmental Quality Act pursuant to Article 5, Section 15061(b)(1') CEQA guidelines; C. Enact Regular Ordinance No. 98 -'35 (attached as Exhibit "B"), which adopts the Tri- Valley Transportation Development Fee Area, waive reading and set date for adoption on August 11, 1993; d. Enact Urgency Ordinance No. 98- 36 (attached as Exhibit"C"),which sets an adoption date of August 11, 1998 for an urgency measure as an interim authorization for the collection of development fees within the Tri-galley Development Fee Area needed to protect the public healthy safety, and wel TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PROGRAM August 11, 1998 Page 3 BACKGROUNDIREASONSFOR-RECOMMENDATIONS The Tri-Malley Transportation Council (TVTC), comprising seven (7) elected city and county representatives in the Tri-Valley area of Centra Costa and Alameda Counties, have been engaged in transportation planning efforts, over the last several years. The Board of Supervisors approved the TVTC Action Plan/Transportation Plan, which the TVTC adopted in July 1995. This document identified eleven (11) transportation projects needed to accommodated year 2010 projected growth in the Tri-Valley area. These transportation projects were the basis of the TVTC Nexus Study for a development impact fee in the Tri-Valley Area. The Board of Supervisors has previously accepted the Nexus Study, on file with the 'Clerk of the Beard, to serve as the basis for a future Tri-Valley Transportation development Fee should the NTC decide to have a development impact fee program in the Tri-Valley area. On October 29, 1997, the TVTC agreed to transmit to each TVTC jurisdiction a resolution of Principles of Agreement for Adoption of the Tri-Valley Transportation Development Fee. Upon unanimous approval from the TVTC jurisdictions, this document Would become the framework for a Joint Exercise Powers of Agreement to enact a development impact fee program in the Tri Valley Area. The Board of Supervisors approved the Resolution ( No. 97\616, not attached), November 4, 1997. The TVTC, having received;unanimous approval from the T1/TC jurisdictions for the Resolution, developed the Joint Exercise Powers of Agreement(JEPA, Exhibit'"A"}to create a Tri Valley Transportation [development Fee. The TVTC, at its April 22, 1998 meeting,:agreed to distribute the JEPA to the TVTC jurisdictions for approval, with a September 1, 1998 effective date to begin collecting development fees: PROPOSED COUNTY ORDINANCE The attached Regular Draft Ordinance, marked as Exhibit "B," and the Urgency Draft Ordinance, marked as Exhibit"C," have been prepared with the assistance of County Counsel to conform to bath state law and adopted County policy for establishing a fee program for a designated Area of Benefit. There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the Tri-Valley area has caused significant congestion, delay and economic loss to the entire 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 Tri-Valley area and is expected to continue growing in the near future. The corresponding increase in traffic throughout the region will further reduce the quality of travel throughout the entire Tri-Valley area. Failure to adopt the interim fees at this time will result in loss of potential revenuesas residential and commercial projects are built without having to contribute their fair share to the proposed improvements. The resultant inability to finance construction of necessary transportation improvements Within the Tri-Valley area would be detrimental to the public health, safety and welfare. This ordinance shall become effective immediately after passage, and shall be operative for 30 days, after which time it will be extended for another 30 days with the passage of another 'Urgency Ordinance. The Subdivision Map Act is the statute enabling the Board of Supervisors to impose fees to mitigate impacts of new development on the transportation system. Since the Subdivision Map Act limits these impact fees to bridges and major thoroughfares, with the exclusion of transit projects, the JEPA stipulates that the County will not fund transit projects with collected TVTD Fees. FEE SCHEDULE With the JEPA approval and the enactment of Ordinance No. 98- (Exhibit "B"), the County would be empowered to collect development impact fees when building permits are issued for developments located in the Tri-Valley unincorporated area based on the following Fee Schedule: TR VALLEY TRANSPORTATION DEVELOPMENT FEE PROGRAM Aygust 11§, 1998 Page 4 USE QATEGO-RIES 1VTQF PER UNIT Single Family Residential $1,515 Dwelling Unit Multi-Family Residential $1,060Dwelling Unit Retail $1.01 Sq. Ft. Office $1.01 Sq. Ft Industrial. $0.76 Sq. Ft. Other Uses' $1,515 Average AM/PM'Peak Hour Trip* *(MD Fees for other uses not listed shall be based upon the average AM/PM peak hour trip generation, as estimated by the most recent edition of the ITE Trip Generation Manual: Technical'procedures for the calculation of the TVTD Fee will be adopted by the TVTC.) TRANSPORTATION PROJECTS The TVTD Fees will pay for a portion of some or all of the following:,eleven (11) projects, though it is acknowledged'that the fee will not fund the project list in its entirety: • 1-580-680 Interchange Improvements, i Improvements to Sly 84 between 1-580 and 1-680, i 1-680 Auxiliary Lanes between Bollinger Canyon Road and Diablo Road, i West Dublin/Pleasanton BART Station, f 1-580 HOV Lanes between Santa Rita Read and Greenville Road, 0 1-680 HOV Lanes between SR 84 and Sunol Grade, r 1-580/Foothill Road Interchange Improvements, 1-680/Alcosta 'Boulevard 'interchange Improvements, • Craw Canyon Road Safety Improvements west of Bollinger Canyon Road, i Vasco Road Safety Improvements north of 1-580, and !' Express Bus Service in the Tri-Valley The JEPA' stipulates that the TVTD Fee will fund the 1580/680 'Flyover Project as the first transportation project from the above list. The sponsor of this project is the Alameda County Transportation Authority (ACTA). ACTA will be using a combination of Alameda County Measure B and TVTD'Fees to fund the construction of the Flyover project. The TVTC intends, under JEPA provisions, to use TVTD Fees to fund the project's focal match requirement of $5.5 million. In the event there is a shortage of TVTD `Fees to fund the 1580/680 in accordance to ACTNs cash flow needs, ACTA will obtain project funding of the local match' based on individual agreements with TVTC jurisdictions as stipulated in the JEPA. Development Program Report. A Development Program Report, has been prepared by the Community development Department and Public Works Department in accordance with the Board of Supervisors' Policy on Bridge Crossings and Major Thoroughfares (adopted July 17, 1979), which outlines the concept, methodology, and procedure for implementing the TVTD'Fee. Seo the attachment marked as Exhibit "D": Development Program Report. KEY'ISSUES/NEXT STEPS: City Attorneys and County Counsels of the MC jurisdictions have reviewed the JEPA and many concerns were addressed during TVTC meetings. On May 27, 1998, the Tri Valley Transportation Committee adopted amendments to the proposed Joint Exercise of Powers Agreement (JEPA), allowing parties to "apt out" of the Agreement once the 1-580/1-680 Interchange project is funded. These amendments changed the nature of the Agreement, creating the potential to terminate the TVTD fee program after funding only the first project. TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE PROGRAM August 11, 1938 Page 5 For this reason,;the proposed "opt out" language has been a source of concern for Contra Costa County. The Nexus Study, upon which this JEPA is founded, is based on eleven proposed projects and on all seven jurisdictions participating. If the parties to this JEPA withdraw from the Agreement after the first project is funded, then the nexus for the fee established in Nexus Study may damaged, potentially leaving the fee vulnerable to a'legal challenge; To allay these concerns, Contra Costa County staff composed a separate"pledge" (attached as Exhibit "E") to continue their participation in the TVTD Fee program after the first project is funded. Centra Costa County conditioned their participation in the TVTD JEPA on having six jurisdictions sign on to that pledge. If only one party withdraws from the TVTD Fee program pursuant to the "opt out" language, then the remaining parties, bound by the pledge could continue collecting the fee with the program relatively intact. County Counsel staff will be available to review in more detail the above issue as described. Southern Contra Costa Regional Fee The ;Southern Contra Costa Regional Fee (SCC), which is currently being charged to developments within Contra Costa County, City of San Ramon, and Town of Danville partially funds two of the NTC projects in Contra Costa County: 1680 Auxiliary Danes, and I 6801Alcosta Boulevard Ramps. The three parties of the SCC will meet to discuss adjusting the SCC JEPA to incorporate the TVTD Fee to avoid charging developers more for these projects than is;proportional to their impacts. By the terms of the SCC JEPA (adopted by the Board of Supervisors in August 1996), all three jurisdictions'must agree to any change in the SCC Regional Fee, Public Notice. Government Cade Section 66484 and Division 913, Title 9 of the Contra Costa:.;Ordinance Code provide for assessing and collecting fees for development and construction of bridges and/or major thoroughfares within a designated area of benefit and as a condition of issuing a building permit. The Community Development and Public Works Departments have completed a Development'Program Report for the TVTD Fee Area , which was filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with Government' Code Sections 54986, 65691, 66016, and 66484. CONSEQUENCES F NEGATIVE TI NODE. Failure to form the TVTD Fee Area would result in leaving the SCC Fee intact to fund the following regional projects in southern'Contra Costa County: 1680'Auxiliary Lanes, and the I6801Alcosta Boulevard Ramps. ..��Al b-1 THE CITY OF ] .rrrrp 1 i ii'N3w PLEASANTON, December 10, 1998 EC 4 � ° _:9 Ms. Ann Cervelli CLERK 8o D OF SUp , Clerk of the Board of Supervisors CGh'�RA Co s��cc��i�ORs Contra Costa County 651 Pine Street, Room 106 Martinez, California 94553 Dear Ms. Cervelli: SUBJECT: Joint Exercise of Powers Agreement, Tri-Valley Transportation Development Fees for Traffic Mitigation Enclosed for your records is a fully executed copy of the above-captioned agreement. Thank you for your cooperation. Very truly yours, Pe i ro Peggy' z City Clerk ple Enclosure P. O. Box 520, Pleasanton,CA 94566-0802 723 Main Street City Manager City Attorney Economic Development City Clerk (925)484-8008 (925)484-8003 (925)484-8246 (925)484-8235 Fax: 484-8234 Fax: 484-8234 Fax: 484-8002 Fax: 484-8234 JOINT EXERCISE CSF POWERS AGREEMENT PERTAINING T{7 Tri-Valley Transportation Development Fees for Traffic Mitigation BY AND AMONG The County of Alameda, The County° of Contra Costa, The City of Dublin, The'City of Livermore, The City of Pleasanton, The City of San Ramon, And The Town of Danville JOINT EXERCISE OF POWERS AGREEMENT Tri-Valley Transportation Development Fees for Traffic Mitigation This JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is entered into this 22nd day of April, 1998 (the "Effective Date") pursuant to Government Code §6502 by and among the COUNTY OF CONTRA COSTA ("Contra Costa"), a political subdivision and body corporate and politic of the State of California; the CITY OF SAN RAMON ('San Ramon"), a municipal corporation duly organized and existing under the laws of the State of California; and the TOWN OF DANVILLE ("Danville"), a municipal corporation duly organized and existing under the laws of the State of California; the COUNTY OF ALAMEDA ("Alameda County", together with Contra Costa, the "Counties"), political subdivision and body corporate and politic of the State of California; the CITY OF DUBLIN ("Dublin"), a municipal corporation duly organized and existing under the laws of the State of California; the CITY OF LIVERMORE ('Livermore"), a municipal corporation duly organized and existing under the laws of the State of California; the CITY OF PLEASANTON ("Pleasanton", together with the other cities and town, the "Cities"), a municipal corporation duly organized and existing under the laws of the State of California. The Cities and Counties may be referred to collectively as the "Parties." RECITALS This Agreement is based on the following facts and circumstances: A. Tri-Valley Development Area. There exists in Alameda County and Contra Costa County a geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley. This Tri-Valley area contains the Cities and portions of the Counties. The approximate boundaries of the Tri-Valley Development Area are shown on the map attached as Exhibit A. B. Impact of Development. The Association of Bay Area Governments forecasts that by the year 2020 the Tri-Valley Development Area will contain an additional 157,000 new residents, 58,000 new households and 121,000 new jobs. The traffic impact from these new residential units and commercial uses, as well as additional development beyond the year 2020, will adversely affect the quality of life for the existing residents of the Cities and Counties within the Tri-Valley Development Area unless those regional impacts are mitigated by off-site street improvements. Joint Exercise of Powers Agreement Page 1 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 C. Regional Projects. The Cities and Counties have identified, through the Tri- Valley Transportation Plan/Action Plan for Routes of Regional Significance (the Plan), regional Transportation Improvement Projects, listed in Section 8 of this Agreement, which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. D. Tri-Valley Regional Fee. State law allows the Cities and Counties to establish a fee on all new development within the Tri-Valley Development Area which would finance all or a portion of these Transportation Improvement Projects. E. Collection and Use of Improvement Fees. The Parties agree to collect fees for the Transportation Improvement Projects on a uniform basis and to use the fees collected in a coordinated manner to provide for financing and construction of the Transportation Improvement Projects. NOW, THEREFORE, the Parties agree: Section 1. Parties The Parties to this Agreement are the Cities and Counties. Section 2. Definitions a. "ACTA" refers to the Alameda County Transportation Authority, a legal entity created by statute. ACTA and several of the Parties are parties to separate agreements, entitled "Local Match Agreements," whereby such parties have committed to provide funding to ACTA for construction of the 1-580/680 Interchange improvements. b. "Gross Floor Area" refers to the sum of the area at each floor level, including, but not limited to, cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is to be considered Joint Exercise of Powers Agreement Page 2 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 as a part of the overall square footage of the building. All unroofed areas and unenclosed roofed-over spaces, except as defined above, are to be excluded from area calculations. The gross area of any parking garages within the building shall not be included within the gross area of the entire building. C. "Industrial" refers to developments for the purpose of manufacture or fabrication of products, the processing of materials, the warehousing of merchandise for sale or distribution, research and development of industrial products and processes, and the wholesaling of merchandise. d. "Land Use Entitlement" means a permit or approval granted for a development project as that term is defined in Government Code §66000. e. "Multi Family Residential" refers to buildings or parts thereof designed and used exclusively as a dwelling unit among other dwelling units, either on the same parcel (e.g., apartments and mobile home parks) or under separate ownership (e.g., condominiums, townhomes, duplexes, or duets). f. "Office" refers to developments for the purpose of housing non- commercial, non-manufacturing businesses. g. "Other Uses" refers to land use categories not implicitly included within the land use categories of"Single Family Residential", 'Multi Family Residential", "Retail", "Office", or "Industrial", and for which alternative rates can be found in the Institute of Transportation Engineers Trip Generation Manual or in a list of peak-hour trip rates that the Tri-Valley Transportation Council has explicitly approved. h. "Project Sponsor" refers to the Party designated in the Strategic Expenditure Plan (SEP) to oversee the use of Tri-Valley Transportation Development Fee revenues in the development of a specific regional Transportation Improvement Project. The Party designated as Project Sponsor may be, but need not be, the lead agency for environmental clearance or the agency responsible for the design or construction of the project itself. i. "Retail" refers to developments for the purpose of the retail sale of merchandise and services. Joint Exercise of Powers Agreement Page 3 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 j. "Single Family Residential" refers to detached buildings designed for occupation as the residence of one family. k. "Subsidized Housing Development" refers to housing facilities developed by public agencies, limited dividend housing corporations, or non-profit corporations, and maintained exclusively for persons or families of very low, low or moderate income, as defined in Section 50093 of the Health and. Safety Code. 1. "Transportation Improvement Projects" or "Projects" refers to those public improvements required to mitigate the regional traffic impacts of development within the Tri-Valley Development Area as specified in Section 8. In. "Treasurer" refers to the finance director or treasurer of the Party unanimously selected by the TVTC to act as Treasurer pursuant to this Agreement. n. "Tri-Valley Transportation Development Fee" or "TVTD Fee" refers to the fees to be imposed by the Cities and Counties on development within the Tri-Valley Development Area. The project list for the Tri- Valley Transportation Development Fee is in Section 8 of this Agreement. o. "TVTC" refers to the Tri-Valley Transportation Council which is defined in the "joint Powers Agreement by and among the County of Alameda, County of Contra Costa, Town of Danville and Cities of Dublin, Livermore, Pleasanton and San Ramon," dated March 1, 1991. Section 3. Purposes This agreement is made pursuant to Law for the following purposes: a. To establish a framework for the enactment by the Parties of a Tri- Valley Transportation Development Fee (TVTD Fee), a uniform regional fee on development within the Tri-Valley Development Area not legally precluded from the fee, to fund all or part of the necessary transportation improvements identified in the Plan. Joint Exercise of Powers Agreement Page 4 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 b. To help resolve regional traffic problems through implementation of the Plan and the TVTD Fee program. C. To establish funding goals for identified Transportation Improvement Projects and to seek commitments regarding funding for the Transportation Improvement Projects. d. To establish mechanisms for collecting, managing and disbursing the TVTD Fee and to formalize institutional arrangements for the implementation of the Projects to be constructed with fee revenues. Section 4. Duties of Treasurer The Treasurer shall perform the following Duties: a. Keep a record of all TVTD Fees paid to the Treasurer by any Party; all TVTD Fees retained by any Party pursuant to Section 6(b); and all disbursements and expenditures made by the Treasurer in accordance with this Agreement; b. Remit all TVTD Fees, including interest earned thereon, to ACTA on a quarterly basis until ACTA has received $5,548,300 (less any contribution by Parties subject to reimbursement pursuant to Section 7.d), which is the total amount due to ACTA under all of the Parties' Local Match Agreements; C, Coordinate with the Parties and ACTA to assure that no more than $5,548,300 in TVTD Fees and contributions are paid to ACTA, by the Treasurer from the Joint TVTD Fee Account; d. Reimburse Parties from the Joint TVTD Fee Account pursuant to Section 7; e. Calculate interest due on reimbursements to Parties, pursuant to Section 7; f. Transmit monies from the Joint TVTD Fee Account to Project Sponsors for the planning, design and construction of the Transportation Improvement Projects listed in Section 8 and in accordance with the SEP; Joint Exercise of Powers Agreement Page 5 of 21 TVTD Fees for;Traffic Mitigation June 2, 1998 g. Reimburse project developers from the Joint TVTD Fee Account pursuant to Section 15; h. Prepare reports required by Government Code §66000 et seq. annually in a form that can be used by each Party to comply with Government Code §66000 et seq. ("AB1600"); i. Account for all monies from the Joint TVTD Fee Account received in accordance with Government Code §6505; j. Keep a record of the Treasurer's time and expenses in performing the Treasurer's duties hereunder; and k. Other duties as specified by law or as required by the TVTC. Section-5. Collection of Tri-Valley Transportation Development Fees Each Party agrees to collect the Tri-Valley Transportation"Development Fee on development located within the Tri-Valley Development Area that receives a Land Use Entitlement from that Party. The amount of that fee is described in Section 9. To accomplish the collection of fees, each Party agrees: a. To adopt the necessary ordinance(s) and/or resolution(s) to authorize the collection of the Tri-Valley Transportation Development Fee within its jurisdiction; b. To require each project developer to pay the Tri-Valley Transportation Development Fee prior to issuance of building permits for the project to the extent permitted by law. C. To levy the Tri-Valley Transportation Development Fee on all development projects not legally precluded from the fee. d. To apply the fee on all "significant" changes to existing development agreements adopted after January 1, 1998. The TVTD Fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, "significant" means any of the following: (i) change in land use type (e.g., office to retail); (ii) intensification of land use types (e.g., increases in square footage of approved Office); (iii) extension of term of development agreements; Joint Exercise of Powers Agreement Page 6 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 and (iv) reduction or removal of project mitigation requirements or conditions of approval. e. To exempt from the fee public schools, Subsidized Housing Development, and the governmental buildings owned by any public entity unless a Party can and does impose the TVTD Fee on governmental buildings of a public entity other than one of the Parties. Section 6. Tri-VaIlcy Transportation Development Fee Accounts a. Each Party shall place the TVTD Fees in an interest-bearing individual account to be used specifically for the Transportation Improvement Projects. The deposits in each account shall be,invested in the same manner as other funds of the Party. For investment purposes the funds may be pooled with other funds as long as separate accounting is maintained and the account is credited with the investment earnings. b. A "Joint TVTD Fee Account" shall be established by the"Treasurer". Each Party shall transmit to the Treasurer within 30 days of the end of each quarter not less than 80% of all TVTD Fees collected by that Party during the quarter, and any interest or income generated on such 80% amount, together with notification of the Transportation Improvement Projects that the Party intends to fund with the retained portion of the revenues. C. Each party shall maintain a current record of all funds retained by that Party, including interest or income on such funds and annually furnish the Treasurer an accounting for inclusion in any audit of TVTD Fees. Section 7. Pa)mjgnts to AACTA and Reim—burse-mentfor ACTA -Match Contributions a. Pa ment mento ACTA for 580/680 Interchange Projec . Commencing with the first quarter after the Fee Effective Date, the Treasurer shall pay to ACTA all of the TVTD Fee revenues received from all Parties, including interest earned thereon. Such payments shall continue on a quarterly basis until ACTA has received $5,548,300, less any contributions by Parties subject to reimbursement pursuant to Section 7.d. of this Agreement. Joint Exercise of Powers Agreement Page 7 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 b. Satisfaction of Local Match Agreements for the 5801680 Interchange Project. Several of the Parties have individual agreements with ACTA to provide Local Match Funds for the 580/680 interchange project. It is the intent of all of the Parties that the TVTD Fees collected by the Parties shall be used to satisfy these Local Match Agreements. In order to carry out this intent, the Treasurer, as part of the quarterly payments to ACTA described in Section 7.a, shall provide ACTA and each of the Parties with an accounting tracking each Party's total cumulative payments until ACTA has received $5,548,300, less any contributions by Parties subject to reimbursement pursuant to Section 7.d of this Agreement. C. Shortfall in Payments to ACTA. The purpose of this subsection is to specify how a shortfall will be funded. At the end of any fiscal year, if ACTA has received (via the Treasurer) less than the total cumulative amount (up to and including the cumulative amounts for that fiscal year) that ACTA should have received from Parties with Local Match Agreements, ACTA shall declare a shortfall and shall notify the Treasurer. The Treasurer and ACTA shall determine which Party (or Parties) is short in its cumulative Local Match obligation through the fiscal year for which there is a cumulative shortfall. If there is only one Party that is short, that Party shall fund the shortfall. If more than one Party is short, then those Parties shall fund the shortfall as follows: The amount of each Party's shortfall in its cumulative Local Match obligation shall be compared to the amount of that Party's cumulative Local Match obligation, expressed as a percentage. That percentage shall be multiplied by the amount of the shortfall in order to determine each Party's share of the shortfall. When ACTA receives monies from the Party (Parties), ACTA shall declare the shortfall funded. Joint Exercise of Powers Agreement Page 8 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 EXAMPLES Cumulative Local 1' Match Amount Paid to Obligations Treasurer/ALTA Shortfall Cit X $ 600,000 $ 700,000 Cit Y $ 300,000 $ 300,000 Cit Z $ 300,000 $ 200,000 TOTAL $1,200,000 $1,200,000 $0 In this example, even though City Z is $100,000 behind in its cumulative obligation to ALTA, there is no shortfall, and hence City Z owes no additional revenues, because ACTA has received the total amount of the cumulative Local Match obligation through that fiscal year. 2 Cumulative Local Amount Paid to Match Treasurer/ACTA Shortfall Obligations Cit X $ 600,000 $ 700,000 Cit Y $ 300,000 $ 300,000 Cit Z $ 300,000 $ 150,000 TOTAL $1,200,000 $1,150,000 $50,000 In this example, there is a $50,000 shortfall. City Z will need to fund the $50,000 shortfall from sources other than TVTD Fees. Joint Exercise of Powers Agreement Page 9 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 Cumulative Local 3' Match Amount Paid to Obligations Treasurer/ACTA Shortfall Cit X $ 600,000 $690,000 Cit Y $ 300,000 $200,000 Cit Z $ 300,000 $100,000 TOTAL $1,200,000 $990,000 $210,000 In this example, there is a $210,000 shortfall. Because there are two Cities that have a shortfall, City Y's shortfall ($100,000) is compared to its cumulative Local Match obligation ($300,0010). That percentage is 33.33%. Therefore, City Ys share of the shortfall is $70,000 [$210,000 x 33.33%1; City Z's share of the shortfall is $140,000 [$210,000x66.67%]. City Y and City Z will need to fund these shortfalls from sources other than TVTD Fees. d. Reimbursement for Contributions Made Prior to Fee Effective Date. Within sixty days of the Fee Effective Date or its designation as Treasurer, whichever occurs later, the Treasurer shall request from ACTA a statement specifying the contributions by the Parties to ACTA for the 580/680 interchange project prior to the Fee Effective Date which have been found by the ACTA Board to meet its "Policy on Reimbursement or Credit" (Exhibits hereto). Based on this statement and following payment to ACTA of $5,548,300 (less any contributions by Parties subject to reimbursement pursuant to this subsection), the Treasurer shall reimburse the Party or Parties that made such contributions, in the chronological order such contributions were made, together with 5% annual simple interest calculated from the Fee Effective Date, with the exception of the following contributions: i. County of Alameda, $45,000, ii. City of Dublin, $111,700, iii. City of Livermore, $111,700, iv. City of Pleasanton, $203,700, Joint Exercise of Powers Agreement Page 10 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 V. City of San Ramon, $10,000,and vi. Town of Danville, $9,600. Such reimbursement shall be from TVTD Fees only and shall be made as such revenues are available until all contributions have been reimbursed. As of April 16, 1998, the only Parties which have made contributions which qualify for reimbursement pursuant to this subsection (d) are the City of Dublin and the City of Pleasanton. These Parties are entitled to reimbursement in the following amounts: City of Dublin City of Pleasanton I. Southerly extension I. Southerly extension of 1-580/Hacienda of I-580/Hopyard N.B. Bridge $51,000 N.B. Bridge $115,000 2. Needed project right- 2. 1-580/Hopyard of-way (Enea Property) Interchange $552,500 Landscaping $220,000 3. Improvements to 3. Southerly extension Dublin Boulevard of I-580/Hacienda $150,000 N.B. Bridge $51,000 4. Needed project right- of-way (Rosewood Drive) $ 4` 416 Total $753,500 Total $429,416 Additional contributions by these or other Parties for the 580/680 interchange project prior to the Fee Effective Date which are found by the ACTA Board to meet its "Policy on Reimbursement or Credit (Exhibit B) will also be entitled to reimbursement pursuant to this subsection (d). All such contributions will be credited by ALTA against such Parties' obligations. For example, the contributions by Dublin and Pleasanton through April 16, 1998, will reduce Joint Exercise of Powers Agreement Page I l of 21 TVTD Fees for Traffic Mitigation June 2, 1998 those Parties' Local Match obligations by $753,500 and $429,416, respectively, and will reduce the total Local Match obligation to ACTA from $5,548,300 to $4,365,384. Thus, if the only contributionsto the 580/680 interchange project prior to the Fee"Effective'Date are the foregoing contributions by Dublin and Pleasanton, the total Local Match obligation will be met once ACTA has received $4,365,384. e. Reimbursement for Pa=nts Made After Fee Effective Date. If a Party, after the Fee Effective Date, meets its obligation to ACTA for Local Match Funds for the 580/680 interchange project from any source other than TVTD Fee revenues, the Treasurer, upon written request by the Party and after ACTA has certified that it has received $5,548,300 (less any contributions by Parties subject to reimbursement pursuant to section Td), shall reimburse the Party for such contribution, together with five percent annual simple interest calculated from the date of payment to ACTA. Reimbursement shall be from TVTD Fee revenues only and shall be made only after the Treasurer has reimbursed any Parties for the contributions they made prior to the Fee Effective Date, pursuant to Subsection (d) above. Section 8. Transportation Improvement Pro e The Tri-Valley Transportation Development Fee shall be used to fund all or a portion of the costs of the following projects: a. Improvements to the 1-580/1-680 interchange: construct a southbound I- 680 to eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) b. Improvements to State Route 84 between 1-580 and 1-680 C. Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road d. West Dubin/Pleasanton BART Station e. 1-580 HOV lanes between Santa Rita Road and Greenville Road f. 1-680 HOV lanes from the State Route 84/1-680 interchange to the top Joint Exercise of Powers Agreement Page 12 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 of the Sunol Grade g. Improvements to the 1-580/Foothill Road/San Ramon Boulevard interchange h. improvements to 1-680/Alcosta Boulevard interchange i. Crow Canyon Road safety improvement west of Bollinger Canyon Road j. Vasco Road safety improvements north of 1-580 within Alameda County k. Express bus service in the Tri-Valley area Notwithstanding the foregoing, the TVTD Fee imposed and collected by the County of Contra Costa shall not be used to fund the Projects specified in subsections (d) and (k) above. Section 9. TA-VallcyT to Development The initial Tri-Valley Transportation Development Fees shall be as follows: :Land Use Type Fee Per Unit Single Family Residential $1,500 Dwelling unit Multi Family Residential $1,050 Dwelling unit Office $1.00 Square foot of gross floor area Retail $1.00 Square foot of gross floor area Industrial $0.75 Square foot of gross floor area Other Uses $1,500 Average a.m./p.m. peak hour trip* Joint Exercise of Powers.Agreement Page 13 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 * Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Trip Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing, the Parties may provide in their implementing ordinance or resolution that an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the Party, may appeal the determination to the Party's legislative body. If such an appeal is granted by the Party, and the Party adjusts the number of peak-hour trips, the Party shall have such decision ratified by five members of the TVTC. Absent such ratification, the Party shall pay the difference between the actual fee imposed and the fee set forth in this Section 9 or the Party shall notify the applicant that the full amount of the fee must be paid by the applicant. Section 10. Effective Date of Fee The parties desire that the Tri-Valley Transportation Development Fee shall be effective in each jurisdiction on the same date. Accordingly, each party shall time the adoption of its resolution or ordinance imposing the fee in such a manner that the fee shall be effective as of September 1, 1998 ("the Fee Effective Date"). Section 11. Str t�egic Expenditure Plan a. The initial Strategic Expenditure Plan ("SEP") is the 580/680 interchange project described in Section 8.a. b. The TVTC shall prepare and, by a unanimous vote of the TVTC, forward to each Party a first amendment to the SEP in the form of a "Circulation Draft" SEP, within six months of the Fee Effective Date. The SEP, as amended, shall include project cost and revenue estimates for the TVTD Fee, a prioritization plan and a timeline for project delivery. It shall also include reasonable requirements for indemnification and insurance, as appropriate for individual projects, and shall include requirements that Project Sponsors or other entities which construct any of the Projects defend and indemnify the Parties. The SEP shall also include guidelines governing credit and/or reimbursement for entity-constructed Projects and developer-constructed Projects as authorized by, and consistent with, Section 7(d) and (e) and Section 15(a) and (b) , respectively. Appropriate capital improvement procedures shall be reflected in the SEP. Any TVTD Fees retained by Joint Exercise of Powers Agreement Page 14 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 the parties and not transmitted to the Joint TVTD Fee Account shall also be reflected within the SEP. The SEP shall also include guidelines to assure that Project Sponsors do not receive TVTD Fee revenues from the Treasurer (pursuant to Section 4(f)) for a Project in amounts more than are authorized in the SEP. C. The "Circulation Draft" of the first amended SEP (and all subsequent amendments) must be reviewed and approved unanimously by all of the Parties. The SEP must be reviewed at least once every two years by the TVTC. Each revision shall require unanimous approval by the TVTC. d. The TVTC shall consider the following criteria when establishing the priority of Transportation Improvement Projects in the SEP: (i) Project Readiness: Ability of Project Sponsors to move directly to final design and construction, which could be represented by, among other things, completion of environmental documentation, inclusion of the project in the Regional Transportation Improvement Program, preparation of plans, specifications and estimates. (ii) Project Funding: Ability of project to "leverage"' other funding, eligibility of the project for external funding, or commitment of external funding. ('iii) Project Effectiveness: Ability of the project to address traffic congestion or safety problems. Section 12. Time of Payment The TVTD Fees shall be collected prior to the issuance of a building permit to the extent permitted by law. Section 13. Tri-Valley Fee Adjustments a. Each Party shall include an automatic adjustment of the TVTD Fee as of March 1 of each year in its fee resolution or ordinance. The adjustment shall be based on the increase or decrease in the Engineering News- Record Construction Cost Index for the San Francisco Bay Area for the Joint Exercise of Powers Agreement Page 15 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 period ending December 31 of the preceding calendar year. b. In addition to the automatic adjustment provided in the TVTD Fee, the Parties may agree to adjust the TVTD Fee to reflect revisions in the project list in the Tri-Valley Transportation Plan/Action Plan, program revenue, increases in land values over the inflationary increase or other factors. The amount of such adjustments shall be included in a written addendum to this Agreement that shall be approved by each Party and in amendments of each adopted fee resolution or ordinance. Concerted efforts shall be made to attract and obtain other funds from other available revenue sources for which the projects are eligible. Section 14. Administrative Costs Up to one percent of the TVTD Fees received by the Treasurer may be used to cover the administrative costs of the Party acting as the Treasurer and other costs associated with the TVTD Fee. Acceptable costs shall be specified in the SEP. Section 15.. Credit r n r Devel.Wer-Constructed Projects The Parties shall provide in their implementing ordinance or resolution that a developer who constructs all or part of one of the Transportation Improvement Projects may be eligible for a credit or reimbursement, as provided herein. No credit shall be applied and no reimbursement shall be made until the Parties have been fully reimbursed pursuant to Section 7(d) and (e). a. Credit or Reimbursement for Project Funded in SEP. A developer may be eligible for a credit to be applied against payment of the TVTD Fee if the developer constructs all or a part of one of the Transportation Improvement Projects that is, at the time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded. A developer may be eligible for a reimbursement if the cost of constructing such a Transportation Improvement Project, or a part of such project, exceeds the amount of the TVTD Fee to be paid by the developer. The amount of reimbursement shall equal the difference between the cost of constructing all or a part of the Transportation Improvement Project and the TVTD Fee for the development project. Joint Exercise of Powers Agreement Page 16 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 Reimbursement shall be from TVTDFee revenues only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. The amount of the credit, or the credit and reimbursement together, shall be in an amount equal to the cost of the Transportation Improvements Project or portion thereof, as set forth in the SEP, and shall be calculated by the Public Works Director or City Engineer of the Party granting the credit (and approved by the TVTC Technical Advisory Committee). The credit, or the credit and reimbursement together, shall be calculated at the time the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. The credit shall be granted at the same time. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. b. Reimbursement for Projects Not Funded in SEP. 1f a developer constructs all or a part of a Transportation Improvement Project that is not, at time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded, the developer may be eligible for be reimbursement from the Treasurer, provided that the SEP is subsequently revised to include the improvement in the prioritization plan as a project to be funded. In such event, the amount of reimbursement shall be calculated by the Public Works Director or City Engineer of the Party in which the development is located (and approved by the TVTC Technical Advisory Committee) and shall be equal to the cost of the project or portion thereof, as set forth in the SEP. The amount of the reimbursement shall be calculated when the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. Once calculated, the amount of'reimbursement shall not increase for inflation nor shall it accrue interest'. Reimbursement shall be from TVTD Fee revenues only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. Section 16. Amend tints This Agreement may be amended at any time by an amendment mutually executed by the Cities and Counties. Such amendments"shall be approved by the governing Joint Exercise of Powers Agreement Page 17 of 21 TVTD Pees for Traffic Mitigation June 2, 1998 board or council of each Tarty. Section 17. Interpretation of Agieement Nothing in this Agreement shall be construed to hold any Party liable to any other Party, or any person not a party hereto,for the design, construction, installation, inspection, operation, maintenance and/or repair of any of the Transportation Improvement Projects because the first Party collected TVTD Fees that were used for the design, construction, installation, inspection, operation, maintenance and/or repair of any Transportation Improvement Project. This Agreement is designed to implement the subvention or disbursement of public funds from one public agency to another and accordingly is not an agreement as defined in Government Code §895. A Party is not liable to another Party for the inadvertent failure or legal inability to collect a TVTD Fee. Section 18. Term of Agreement This Agreement shall remain in effect from the Effective Date in the opening paragraph until the Projects listed in Section 8 have been fully constructed and/or acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until the Transportation Improvement Projects are fully constructed and/or acquired. Notwithstanding the preceding paragraph, any Party may withdraw from the Agreement and terminate its TVTD Fee by giving written notice to all Parties within 30 calendar days of the unanimous vote by the TVTC forwarding the Circulation Draft of the first amendment of the SEP (see Section I I(b)), provided no such withdrawal or termination of Fee collection shall become effective until the full amount of the Parties' Local Match payments for the 1-580/680 Project described in Section 8(a) has been made to ACTA and the reimbursements for the I-580/680 Project provided in Section 7(d) and (e) have been made. Section 19. Attornevs' Fees If legal action is necessary to enforce this agreement, the prevailing Party is entitled to reasonable court costs and attorneys' fees against the Party found to have breached the agreement. Joint Exercise of Powers Agreement Page 18 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 Section 20. Powers The powers of this Agreement shall be exercised subject to the restrictions upon the exercising of such powers by the Treasurer, as provided in §6509 of the Government Code. Section 21. Sole Agreement This Agreement is the sole agreement on the subject matters of this Agreement between the parties. Section 22. No Agency or Entity Created By entering into this Agreement, the Parties are not creating a separate agency or entity. Section 23. -Signatures This Agreement may be signed in counterparts with the signature pages attached to form a complete document. APPROVED BY: COUNTY OF CONTRA COSTA By: Its: Ar 6 a Attest:—r�AIM L'ul CII'e'rnof t-he—Board-if 'upervisors Joint Exercise of Powers Agreement Page 19 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 ......................... COUNTY OF ALAMEDA Y By: � By: Its: Its: President, Board ref Supervisors Attes4��- &44ie Clerk of 4ffie Board of Supervisors CITY RAMON By: ., . ... . Its: .Attest (� Vy Cler TOWN OF DANVILLE By: Its: Attest: Town Clerk C�� f CITY OF DUBLIN By: voovk Its: t" Atte ..- +. City ;Ie Joint Exercise of Powers Agreement Page 20 of 21 TV"1 D Fees for Traffic Mitigation June 2, 1998 CITY OF LIVERMORE By: Its: 1414 Attest: City Clerk CITY OF PLEASANTON Attest: City Cl J:\WPD\MNRSW\I 1 A050\AGREE\19981TVTDFJPA.804 EHS:rja Joint Exercise of Powers Agreement Page 21 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 MIBIT B ORDINANCE NO. 98-35 (Tri-Valley Transportation development Fee Area) The Board"of Supervisors of Contra Costa County ordains as follows: SECTION 1. $UMMA 1. This ordinance provides for the formation of the Tri-Valley Transportation Development Fee Area and the adoption of fees to be collected from developments proposed within the fee area in unincorporated Contra Costa County, to fend road improvements. SECTION R. AUTHORITY. This=ordinance is enacted, in part, pursuant to Government Cade Section 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. SECTION Ill. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Cade Sections 66091, 66017(a), and 66484,and Division 913,Title 9, of the Centra Costa County Ordinance Code, and all required notices have been properly given and public hearings held. SEQI1QN IV. EEE ADOPTION. The following revised fees to fund road improvements are adapted for the TVTD Fee Areas as established by Resolution 98/'427 , dated ,August 11 , 1998, and shall 'apply to all development as shown in the table below. Fees shall be collected when building permits are issued in accordance with 913-4.294 of Title 9 (Subdivisions) of the contra Costa County Ordinance Code. Laird Ufie Fee Single Family Residential: $ 1,515 per dwelling unit Multi-Family Residential: $ 1,060 per dwelling unit Office: $ 1.01 per SF of gross floor area Retail: $ 1.01 per SF of gross floor area Industrial: $ 0.76 per SF of gross floor area Other: $ 1,515 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 revised fees described in this ordinance shall apply to all property described in Exhibit"A" attached hereto. SECTION VI. BEAD HOUSING, Nothing in this Ordinance shall be construed to abridge or to modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915, to adjust or to waive the fees provided for in this ordinance.'' SECTJQN VII. PURPO F.AND USE OF FEES. The purpose of the fees described in this ordinance is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Development Program Report dated August 11, 1998. As discussed in more detail in the Report, there is a reasonable relationship between the fees I _ ORDINANCE'NO. 98- and Ite types of development projects that are subject to the fees in that the development projects will generate additional traffic regional transportation facilities in the Tri- /alley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. SECTION III. 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 12RE)IOE.W QF.FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction Cost Index for the San Francisco Say Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public' hearing. SECTION X. EFFECTIVE.DQE. 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 San Ramon Valley Times, a newspaper of general circulation published in this County; Pursuant to Section 913-6.D26 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 11, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSauln er, Cancxamilla and Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator 8y Deputy Beard Chair Wm CAWP51XrvTC%EGu .wwn 7/29/9s - 2 - ORDINANCE NO. 98- 35 Exhibit A' Map of Contra Costa County showing TVTD FeeArea k.0..j � 7 A 0 U H 7 TVTQ FEE AREA OF BENEFIT RODEC6 C KETT M TINE , ' + PINC3LE PlTTSBURG I0 H PABL EL SC)6RANTE -CONCORD a OAKLE RICHMON PLEASANT. HILL BRENTWOO •C RR1TC ' CLAYTON •WALNUT CREEK GRIN©AL AF T MORAGA a rill 11111 we ay of S"no No wo the TVTO FEE AREA LOCATION MAP . .a _ .. ... Boundary Description TVTD Area of Benefit Real property in Southam Contra Costa County, California, bounded on the south by Alameda County, bounded on the north by the"South Walnut Creek Area of Benefit"adopted December 6, 1994, by Contra Costa County Board of Supervisors' Resolution 90644, and bounded on the north and west by the 1ACentral County Area of Benefit*adopted June 13. 1995. by Contra Costa County Board of Supervisors' Resolution 951273 described as follows: Beginning at the Intersection of the west line of Section 23, Township 2 South, Range 1 East, Mount Diablo Meridian with the boundary common to Contra Costa and Alameda Counties;thence from the Point of Beginning, along Bald County boundary in a general westerly direction 101,550 feet, more or less, to Rancho comerP.C. No. 31 on the boundary of Rancho Laguna de los Palos Colorados; thence along said Rancho boundary, north 19028'45' east 3447.16 feet to Rancho Comer P.C. No. 32 and north 1 01326"east 929.81 feet to the boundary of the Record of Survey filed .lane 20, 1980, in Book 67 of Licensed Surveyors' Maps at page 9;them along the boundary of said Record of Survey as follows: 1)north 88°5219"east 513.17 feet, 2) north 4°15'16"west 1,303.04 feet, 3) north 8804314"east 1,290.34 feet,:and 4)north 0027`37"west 1,306.53 feet to the northwest corner of Section 28, Township 1 South, Range 2 West, Mount Diablo Meridian; thence along the north lures of Sections 28, 27 and 26 (7'1 S. R2W),easterly'16,840 feet,more or less, to the west line of Section 25(TIS, R2W) thence along said west line,southerly 2,640 feet, more or less, to the west quarter corner of said Section 25; thence south 88°4706"east'1,063.84 fleet to the northwest corner of Subdivision MS 28-82 filed November 21, 1983, In Book 148 of Parcel Maps st page 11;thence along the north lime of Subdivision MS 2882, south 88°4723"east 1,062.06 feet to the northwest corner of Subdivision MS 53-81 filed Manch 28, 1985, In Book 115 of Parcel Maps at page 14; thence along the north line of Subdivision MS 53-81,south 88043`43" east 3,035.66 feet to the east line of said Section 25 (TIS, R2W); thence along said east line, northerly 2,640 feet, more or less, to the northeast comer of Section 25, said point lying on the southerly boundary of the pard of land described as PARCEL FIVE In the deed to East Bay Regional Park District recorded April 4, 1974, In Book 7189 of OffiClial Records at page 183;thence along said boundary, In a general northerly direction 2,32'6.7 feet to the east line of the Parcel of land described as PARCEL ONE In the deed to the United States of America recorded July 29, 1980, In Boole 9930 of Official Records at page 915; thence along said east line, In a general northwesterly direction 192,2 'fleet to an angle point on the boundary of said East Say Regional Park Com' PARCEL FIVE (7189 O.R. 183); thence along said boundary, In e general r thwesterly direction 1247.58 feat to the northeast comer thereof, said point being the southeast corner of the parcel of land described as PARCEL 7WO In said deed to the East Say Regional Park District t (7189 O.R. 183);thence uelong the northeast lure of PARCEL TWO(7189 C .R. 183),sold lime also being the boundary of Rancho San Ramon.northwested. 4,840 feet, more,or less,to the most easterly corner of Subdivision IVIS 180-75 filed.lune 14, 1976, In Book 45 of Parcel Maps at page 41,*,thence along the boundary of said Subdivision MS 150.75 as follows: 1)south 83016' west 193.73 feet, 2)south 76018'5{?"west 481.39 feet, 3)north 84"17y west 2,622.91 feet, and 43 north 403940"west 1,233.72 feet to the northoost corner of said Subdivision MS 160-75, said point lying on the south line of Subdivision 6419 filed Juty 28, 1988, In Book 323 of Maps at page 39; thence along said south line, north'84°47'44"west 1,353.463 feet to the southwest comer of said 1 t Subdivision 6419, said point lying on the centertine of Section 14, Township 1 South, Range 2 West, Mount Diablo Meridien; thence along said conterline of Section 14 and the centerline of Section 11 ( 1 S, R2W), northerly 6,663.66 That to the s0uthwest oomer sof the parcel ofland described in the deed to Devic L.Gates,st ux, recorded April 9 f 951, to Bink 10275 of Official Records at page 438;thence along the south tine of said Cates parcel (10275 O.R.435)easterly 300 feet to the most southeast comer thereof,sold paint lying on the boundary of Subdivision MS W75 recorded October 26, 1978, In Book 71 of Parcel Maps at page 23; thence along;,the boundary of said Subdivision MS W75 (71 PM 23)as follows: 1)north 87°W11"seat 274.17 feet, 2)in a general northerly direction 3,354.5 feet to the northeast comer thereof,3)north 89°12'12" west 175.01 feet, and 4) south 003fa'west 41.92 feet to the southeast corner of Subdivision MS 133-72 tiled September 7. 1972, in Book 24 of Parcel Maps at page 9;thence slang the south line of Subdivision MS 133-?2,south 89012W worst 259.78 feet to the Contedine of Csstla Hill Ranch Road (a private road); thence along said c arderline In a general northerly direction,!907 feet, more or less to the northeast Comer of Lot 081,as shown on the Record of Survey fed May 13,1984, In Book 74 of Licensed Surveyors' Maps at-page 12, said point being the most southern comer of the said "South Walnut Creek Area of Benefit"(Res. 941804);thence along the boundary of said "South Walnut Creek Area of Benefit," in a general northerly and easterly direction, 6,275 feet, more or less,to the most eastern corner thereof,said point being the Intersection of the centedhe of Crest Avenue with the extended west right of way line of South Main Street; thence along said extension and west right of way line in a general southerly direction 585 feat, more or less, to the southeast corner of Subdivision M5 114-75 fried October 20, 1976 in Book 49 of Parcel Maps at'page;19* thence along the arc of a non-tangent curve concave to the northwest having a radius of 1,098 feet on the northwast line of the Southern Pacific Railroad right of way, northeasterly 52 feet, more or lass, to the most western corner of Assessor Parcel Number(hereinafter referred to as APN) 183- 083--031 described as PARCEL'' `HIR" Y-ONE in the deed to Contra Costa County recorded December 9, 1985 in Bock 12852 of Official Records at pager 57 #,1het� ren-tangent along the southwest line thereof, B ossing Engineer's Station 603+65 southeasterly 110 feet, mote or less, to the southeast line of said County parcel, being a non-tangent curve concave to the northwest having a radius of 1,196 feet and being concentric with said Northwest line, thence along the are of said curve, northeasterly 52 feet, more or fess, to the southwest line of APN 183-023 described In the deed to East Say Municipal Utility District (hereinafter referred to as EBMUD) recorded January 5, 1968 in Book 5530 of Official Records at page 93; thence along said southwest line, south 22053'01"yeast 33.76 feet;thenar o;msing Rudgresr Road, southesasterly 545 feet, more or less, to the northwest comer of APN 187-040--007 described as PARCEL.'11 in the deed to Contra Costs County Flood Control and Water Conservation District recorded December 20, 1967 in Book 5950 of Oflial Records at page 451;thence along the boundary of PARCEL 11. In a general southeasterly direction 1,03€.102 feet and north 64°18'18"east 238.65 feet,to the most sesatern corner thereof on the west right of way tine of interstate Freeway 680;thence along said west line In a;general southeasterly direction 836 feet,more or less,to the boundary of APN 187- 060-011 and 012 'described as Parcel J 1 In the deed to Edward Johannessen and Juliet Johannessen 1,997 Revocable Living Trust reeled March 22,'1988 in Book 14228 of Official Records at page 211;thence along said boundary as follows: 1)south 63°3i 8"west 44.33 feet, 2)south 23615'36"east 359.22 fleet, 3)north 634°03'39"east 14.72 feet,4)south 23°15"east 144.57 facet, 5)south 45021240 west 38.15 feet, 8) south 55°15`24" west 108.21 feet, 7) south 32"31'24*west 152.34 feet, 8)south 12°00474*west 20.34 feet,9) south 33009141"east 488.15 Beet, 10) north 35052'50" east 129.8 feet, 11) souk' 29021'32" seat 64.96 Bret, and 12) sous 69*OW52"east 54.67 feet,to the most southeastern corner thereof on the gest right of way line of Interstate Freewsay 580;thence along said westiline in a general southeasterly direction 1,209,59 feet;them crossing said freeway,'north 53:647200 east 290 feet, more or less, to the east right 2 --------------- P E a . 5 a. s s+ s 4 F a:. #17 "i _ a•s. 0 w :5 : " � , ;s 5 a a a � . # • A € let >4". a w} + a i r4 a� is a a: 1 ,a•� }:. a 1+ 4RA W7 '4 € 6177 F It i 7 a 1 s m I V1 tl 110111t, ! a A ffi age:s i ! 4 ma s eP s as a :a # w 5 s• m s e, a- A :: s 4 :st 16 m S4 A i To! Mt- f-w 4 & .: -: at r ! 0 1 s A 05 jj;4 4 i5 @ °r A � a•! E .:a !: t } aE ffi a }8 ;a* } m 1.r: m :. s° !: A .=a + : 5 a•+ P 5'. ,... ffi € ::. _ ss ! s ,». ... �:e '4 1 #10j, 4- all a.. :.a _ a. st: 5 4 a E .�.. m' S A .. }a. .P a' } a 5-; 1• .411.. .:A Ea € .. : r A i. sAE' e } m r.'Lot A aM, r ffi : U ! !°._ .:. Al I South, Range 1 East,Mount Diablo Med ian,1 ence along the west line of sold Section 18 (Ti S, R1 E)southerly 5,280 feet, more or leas,to the southwest corner thereof;thence along the south line of Sections 15, 17 and 16,Township 1 Sled Range 1 East,Mount Colo Meridian, easterly 15,840 feet, more or less,to the northwest comer of Section 22,Township I ;South, large 1 East, Mount Diablo Meridian,thence along the west line of said Sedon (TIS, R1 E),southerly 8,280 feet, more or less,to the southwest corner the ft thence along to south line of motions 22 and 23 (T1 S, R1 E),easterly 10,560 deet, more or Jess,to the northeast corner of motion 25(TIS. R'1 E); thence atom the asst line of Sections 26 and 35 (T1 S, ISI E),southerly 10,5W feet, more or less to the northeast comer of Section 2, Township 2 South, Range 1 East, Mount Diablo Meridian; theme along the east line of Sections 2 and i I CCS, R1 E), southerty 10,560 feet, more or less, to the northeast comer of Section 14, Township 2 South, Range 1 East Mount Diablo Meridian; thence along the north line of said Sanction 14, O"2S,RIE),westerly 2,840 foot, more or less,to the northeast canner of Parcel .D.of Subdivision MS 80-85 filed May 14, 1987,in Book 127 of Parcel Maps at page 32; thence along the east line of said Parcel "D" and its southerly prolongation, southerly 6,250 feet, more or less, to a paint on the said boundary common to Centra Costa and Adameda Counties, thence along said County boundary in a general westerly direction 2,800 feet, more or less, to the Point of Beginning. JH jig gadericaMxhi ttstTVMaob.+xh t3J1 iaf96' 4 ....................... x . MIBIT C ORDINANCE NO. 98-36 (Urgency.Measure for Interim Authorization to Collect the Tri-Valley Transportation Development Area of Seneflt Fees) The Board of Supervisors of Contra Costa County ordains as follows: SEQJJON 1. SUMMARY. This ordinance provides for the adoption of an urgency measure as an interim authorization for collection of fees to be used for major thoroughfare improvements within the Tri-Valley Transportation Development Fee Area of Benefit, which are needed to protect the public health, safety and welfare. SECTION 11. FINDINGS. The Board finds that: The 1-580/1-680 Interchange is a major regional access interchange within the Tri-Valley Area of Benefit. The interchange is currently inadequate in capacity to serve present and anticipated traffic generated by development within:the Cities of San Ramon, Danville, Livermore, Pleasanton, and Dublin, and the unincorporated areas of the Counties of Alameda and Contra Costa. As a result, the 1-580/1-680 Interchange is now experiencing travel delays and traffic congestion of increasing severity. There exist other problem areas throughout the regional transportation system within the Tri-Valley area, including the 1-680 corridor between Bollinger Canyon Road and Diablo Road and the 1-680/Alcosta Boulevard Interchange,that, due to development in the Tri-Valley area,are experiencing increasing traffic congestion. To accommodate present and anticipated traffic within the Td-Valley area, and to provide congestion relief along 1-580 and 1-680, several improvements to the regional transportation system have been proposed, the first of which to be the construction of improvements to the 1-580/1-680 Interchange. There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the Tri-Valley area has caused significant congestion, delay and economic loss to the entire 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 Tri-Valley area and is expected to continue growing in the near future. The corresponding increase in traffic throughout the region will further reduce the quality of travel throughout the entire Tri-Valley 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 resultant inability to finance construction of necessary transportation improvements within the Tri- Valley area would be detrimental to the public health, safety and welfare. SECTION Ill. AUJH0RI This ordinance is enacted, in part, pursuant to Government Code Sections 66017(b), 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. - 1 - ORDINANCE NO. 98- 36 $ECTIQN IV. NOICE AND HEARING. This ordinance was adapted pursuant to the procedure set forth in Government Code Sections 66017(b) CTION V. E ,A CaPTICaI . The following interim fees are hereby adopted for the TVTD Fee Area of Benefit to fund major transportation improvements described in the Development Program Report dated August 11, 1998,;on file with the Clerk of the Board, and shall be levied pursuant to the above authorities. The Fee shall apply to all development as shown in the table below. Land Use Eft Bingle Family Residential: $ 1,515 perdwelling unit Multi-Family Residential: $ 1,060 per dwelling unit Office: $ 1.01 per SF of gross floor area Retail: $ 1.01 per SF of gross floor area Industrial: $ 0.76 per SF of gross floor area Cather. $ 1,515 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. The interim fees payable under this ordinance shall be in addition to fees payable for the following areas of benefit: 1.. South County Area of Benefit' 2. Alamo Area of Benefit 3. SCC Regional Fee 4. SCC Sub-Regional Fee 5. SCG Dougherty Valley Fee 6. Tassajara Area of Benefit SECTION"VI. EEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit"A" attached hereto. C. TIC N Yll, SENIQRQU. INC. Nothing in this Ordinance shall be construed to abridge or to modify the Board's discretion,.,upon proper application for senior Dousing or congregate care facilities pursuant to Government Code Section 65915, to adjust or to waive the fees provided for in this::ordinance. SECTION VIII. RP AND USE OE FEES,The purpose of the fees described in this ordinance is to generate funds to finance,improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. The fees' W11 be used to finance the road improvements listed in the Development Program Report dated August 11, 1998. 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 regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing; facilities to mitigate adverse traffic and Infrastructure impacts' that would otherwise result from such development projects. _'2 ORDINANCE NO. 98_ 3 + �. ►- 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 ward declares that It would have adopted each 'part of this ordinance irrespective of the validity of any other part, SECTION X. EEFECTI /E BATE. This ordinance shall become effective immediately after passage, and shall be operative for 36 days, suer 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 San Ramon Valley Times, a newspaper of general circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Cade, the Clerk of the Board shall promptly file a certified copy of this I ordinance with the County Recorder. PASSED and ADOPTED on August 11, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, 9eSaulnier, Canciaiilla and Rogers NOES: Nene ABSENT: None ABSTAIN; None ATTEST: PHIL BATCHELOR, Cleric of the Board of Supervisors and County Administrator By, Deputy Board Chair ML'mE CAWP511TVTCIURGEMCY.W Pt7 7/29/98 - 3 - ORDINANCE NO. 98- 36 Emxhitid A Map of Contra Costa County showing TVTD:Fee Area mA %C11 (0 �8*1 k � UH7V TVTD FEE AREA OF BENEFIT RODEa /"C KEIT ,�BTINE PITTSBURG PINOLE e�_ MAH C3 ol....... e----', 0 v! IM H SAN EL SOBRANTE PASL -CONCORD OAKLE 0 4 RICHMON PLEASANT* EL HILL * CLAYTON BRENTWOO *WALNUT CREEK LAF, INDA M6RAGA MOrEtadom in wwomd wow Wkwh Wo City#1 Son Rowan ow tro TWO FEE AREA .LOCATION MAP Boundary scription TVTD Area of Benefit Real property in Southern Contra Costa County, California, bounded on the south by Alameda County, bounded,on the north by the wSouth Walnut Creek Area of Benefit"adopted December 6, 1994, by Contra Costa County Board of Supervisors, Resolution 94/604and bounded on the north and west by the"Central County Area of Benefit"adopted June 13, 1.995, by Conts Costa County Board of Supervisors' Resolution 95/273 described as follows: Beginning at the intersection of the west line of Section 23, Township 2. South, Range 1 East, Mount Diablo Meridian with the boundary common to Contra Cost&and Alameda Counties;thence from the Point of'Beginning, along said County boundary in a general westerly direction 101,650 feet, more or toss,to Rancho comer P.C. No.31 on the boundary of Rancho Laguna de los Palos Colorados; thence along said Rancho boundary, north 19"28'45" east 3,547.16 feet to Rancho Comer P.C. No.32 and north 1 OI3'26"east 929.81 feet to the boundary of the Record of Survey tied June.20, 1980,in Book 67 of Licensed Surveyors,Maps at page 9;thence along:the boundary of said Record of Survey as follows: 1) north 88°52'39"east 51317 feet,2)north 0"15'16"west 1.303.04 feet,3) north 88"43'10"'east 1,290.34 feet, and 4)north.0°27'37"west 1,306.53 feet to the northwest comer of Section 28, Township I South, Range I West, Mount Diablo Meridian; thence along thenorth lines of Sections 28, 27 and 26 (ri S, R2W),easterly 15,840 feet,more or less, to the gest lure of Section 25 (-T1S, R2W);thence along said,west line,southerly 2,640 feet, more or less, to the west quarter comer of said Section 25;thonce south 8804TO5*east 1,063-84 feet to the northwest comer of Subdivision MS 28-82 flied November 21, 1983, In Book 108 of Parcel Maps at page 11;theme along the north line of Subdivision.MS.28-82,south 88047230 east 1.062.06 feet to the I northwest comer of Subdivision MS 53-81 filed March 28, 1985,in Book 115 of Parcel Maps at page 14;thence along the north line of Subdivision MS 53-81, south 88043'43" east 3,035.66 feet to the east line of said Section .25 (TI S, R2W); thence along said east line, northerly 2,640 feet, more or less,to the northeast comer of Section 25, said point tong on the southerly boundary of the parcel of land described as PARCEL. FIFE in the deed to East Say Regional Park District recorded April 4 s it 1974,In Book 7189 of Of Record page 183;thence Wong said boundary, ins general northerly direction 2,325.7 feet to the east line of the Parcel of land described as PARCEL ONE In the deed to the United States of America recorded July 29, 1980, In Book 9930 of Official Records at page 913; thence *tong said east line, In a general northwesterly direction 192.27 foot to an angle point on the boundary of said East Bay Regional Park District PARCEL FIVE (7189 O.R. 183); thence along :said boundary, In a general rathwes%dy direction 1207.59 foot to the northeast comer thered,said point being the southeast comer of the Parcel of land described as PARCEL TWO In said deed to the East Say Regional Park District(71139 O.R. 183).thence along the-northeast line of PARCEL TWO(7189 O.R. 183),sold fine also being the boundary of Rancho SenRamon,northwesterly 4,840 feet,more or less,to the most easterly corner of Subdivision MS 1.50-75 tied June 14, 1976,in Book 45 of Parcel Maps at page 41,.,thence along the boundary of said Subdivision MS 160-15 as follows: 1) south 63*16' west 193.73 feet,2)south 76018'500 west 481.39 feet,3)north 84 0 ir west 2,622.91 feet and 4) north 0639140*west 1,233.72 foot to the northwest corner of said Subdivision MS 150-75,said point lying on the south line of Subdivision 6419 flied July 2.8. 1 9ft, In.:Book 323 of Maps at page 39; thence along said south line, north-84 647'44"west 1,353.46 feet to the southwest comer of sold ............... ..... ... . . Subdivision 6419, sold point lying on the centerline of Section 14, Township I South, Range 2 West, Mount Dia I blo Meridian; thence along said centerline of Section 14 and the centerline of Section 11 (T1S1' R2W), northerly 6,663.66 foot to the southwest comer of the parcel of land described in the dead to David L Gatos$ at ux. recorded April 9, 1981,In Book 1.0275 of Official Records.at page 438;thence along this south line of said Gat"Parcel (10275 OIL 439)easterly 300 fast to to most southeast comer.thereof, said point lying on the�boundary of Subdivision MS 58-75 recorded October 26, 1978, In Book 71 of Parcel Maps at page 23; thence along the (71 PM�23 as tilows: 1)north 87*061 J"east 274.17 feet boundary of said Subdivision MS W75 2)In a general northerly direction 3,354.5 fee to the northeast coMarthereof, 3)north 89°12'12" west 176.01 foot, and 4) south 0036'west 41.92 feet to the southeast comer of,Subdivision MS 133-72 god September 7, 1972. In Book 24 of Parcel Maps at page 9;thenos along the south line of Subdivision MS 133-72, south 89112W west 250.78 lest10 the Centedine Of Castle Hill Ranch Road(a privets road);thence along sald contartino In a general northerly direction,907 Feet, more or less to thenortheast comer of Lot 08,as shown on the Record of Survey god May 13, 1984, in Book 74 of Licensed Surveyors' Maps at page 121 said point being the most southern comer of the said *South Walnut Creek Area of Benefit"{Res. 94/604 thence along the boundary of said -South Walnut Creek Area of Benefit," In a general northerly and easterly direction, 6,275 feet, more,or less, to the most eastern comer thereof,said point being the Intersection of the centedine of Crest Avenue with the extended west tight of way line of South Main Street,thence along said extension and west right of way line in a general southerly direction 565 feet, more or less,to the southeast comer of Subdivision MS 114-75 filed October 20, 1976 in Book 49 of Parcel Maps at page 19; thence along.the arc of a non-tangent curve concave to the northwest having a.radius of 1,096 feet on the northwestline of the Southern Pacific Railroad right of way, northeasterly 52 feet, more or less, to the most,western comer of Assessor Parcel Number(hereinafter referred to as APN) 183- 093-031 described as PARCEL 1*kI RTY-ONE In the dead to Contra Costs County recorded December 9, 1905 in Book 12652 of Official Records at page 570..thence non-tangent along the southwest tine thereof, crossing Engineers Station 603+65,southeasterly 110 feet more or less, to the southeast line of said County parcel, being a non-tangent curve concave to the northwest having a radius of 1,196 feet and being concentric with said northwest line.,thence along the arc of said curve, northeasterly 52 feet, more or less, to the southwest line of APN 183-093-02.3 described in the dead to East Say Municipal Utility District (hereinafter referred to as EBMUD) recorded January 5, 1968 in Book 5530 of Official Records at page 93; thence along said southwest line,south 221'53'01"east 33-76 feet;thence crossing Rudgea,r Road, southimmterty 245 feet, more or Ion,to the northwest comer of APN 1874)40-007 described as PARCEL I I in the dead to Contra Costs County Flood Control and Water Conservation District recorded December 20, 1967 In Book 5520 of Official Records at page 451;thence along the boundary of PARCEL 11 In a general southeasterly direction 1,036.02 foot and:north 64*115'I8O"81:239.65 feet to the most "stem comer thatoof on the west right of way line of Interstate Fnnway 680;thoncealong said west line In a general southeasterly direction$36 feet, more or less,to thiboundary of APN 187- OW-01 I and 01.2 described as Parcel I in the dead to Edward Johannessen and Juliet Johannessen 19871 Revocable Living Trust recorded March 22, 1988 in Book 14228 of Official Records at page:21 1;thence along said boundary as"ows: 1)south 63,037W wet 44.33 feet, 2)south 23*1 5'35"east 359.22 feet 3)north 64*03W east 14.72 foe,4)south 23°1 '36"east 144,57 foot. 5) south 45 621240 west 36.16 feet 6)south 56 0161240 wed 1.08.21 feet.7)south 32031'24"west 1.52.34 feet. 8)south 12°04224"west 20.34 feet 465-15 9)south 3311W41"east feet, 10) north 35052'50* east 129.8 foot, 11) south 29021232" east 84.96 feet and 12) south 69009'52*east 64.67 feet to the most southeastern comer thered on tho.wast right of way line of Interstate Freeway$80;thence along said:westline in a general southeasterly direction 1,209-59 feet; thence crossing said freeway,*north 53*47,20"east 290 f set more or loss, to the east right 2 ....................-....::..:.::::.:.:.:.:.:.::.:.:.::.::.:-::-:-:-::-:::.::.:::::...... ...................................... � a F m a a & m? :::. :±dv# a a.' a _ ... s A ...: :#'.. #+ a 'R •a d -. a 9 .a: d Ulm- r# W #! 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I South, Range I East,Mount Diablo Meddlen;thence along the west line of said Section IS(Ti S, R1 E)southerly 5.28.0 169t,more or less,to ftsouthwest comer thereof, ftnoa along the South line of Sections 18, 17 and 16,Township I South,Range I East,,Mount Diablo Meridian,easterly I S,840 feet more or less,to the northwest comer of Section 22,Township I South,Range 1 East, Mount Diablo Meridian,thence along the west line of said Section 22(TI S, RI E),southerly 6,280 feet more or less,to the southwest comer therect.thenoe along:the south line of Sections 22 and 23(TIS,R1E).easterly 10#560 119K more or less,wthe northeast.comer of Section 26(T1S, RIE), thence,along the east line of Sections 26 and 35(TIS,R14.southerly 1:0.660 f4wK more or less to the northeast comer of Section 2, Township 2 South, Range,1 East, Mount Diablo Meridian; thence along the east th,"of Sections 2 and I I CT2S,t Ri E),,southerly 10,560 feet more or less, to the northeastcomer of Section 14,Township 2 South Range:1 East Mount Diablo Meridian; thence along the north line of sold Section 14, (T2S.RIE),westerly 2,640 feet more or less,to the northeastoomer of Parcel I'D"of Subdivision MS 8045filed:May 14, 1987, In Book 127 of Parcel Maps at.page 3 1 2; thence along the east line of said Parcel 1100, and its southerty prolongation, southerly 6,250 feet, more or less,to a point on the said boundary common to Conti Costa and Aameda Counties;thence along sold County boundary in a general westerly direction 2,800 feet, more or less,to the Point of Beginning. JH..ft W.%d*dcaft&xh1b1tsXTVTDsob.*xh 4 ............................. EXHIBIT D ADOPTED BY BOARD OF SUPERVISORS ON DEVELOPMENT PROGRAM REPORT FOR THE TRI'-VALLEY TRANSPORTATION DEVELOPMENT AREA OF BENEFIT PROVIDING FUNDING FOR CONSTRUCTION OF REGIONAL TRANSPORTATION IMPROVEMENTS IN THE TRI-VALLEY AREA PREPARED PURSUANT TO SECTION 913 COUNTY ORDINANCE CODE CONTRA COSTACOUNTY PUBLIC WORKS AND COMMUNITY DEVE'LOPM'ENT DEPARTMENTS August 11, 1998 DEVELOPMENT PROGRAM REPORT FOR THE TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE AREA OF BENEFIT PURSUANT TO THE BRIDGE CROSSING AND MAJOR THOROUGHFARES FEE AREA POLICY INTRODUCTION AND PURPOSE The Tri-Valley Transportation Development("TVTD")Fee Area of Benefit is a development program establishedto improve the capacity and safety of the regional freeway facilities in the Tri-Valley area, both in Contra Costa County and in Alameda County. 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: The Joint Exercise of Powers Agreement pertaining to the Tri-Valley Transportation Development Fee for Traffic Mitigation (the "TVTD JEPA") is an agreement between Contra Costa County,the Town of Danville,the City of San Ramon,the City of Pleasanton, the City of Dublin, the City of Livermore, and the County of Alameda. This development program report detail's the basis for collection of these fees in Contra Costa County. This ordinance will apply only to new development within the unincorporated Tri-Valley area. Similar ordinances will be or already have been adopted by the other parties to this JEPA. One of the objectives of the County General'Plan and of the TVTD JEPA'is to relate new development directly to the provision of facilities necessary to serve that new development. Accordingly, 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 TVTD program is a fee mechanism providing funds to construct regional road improvements to serve new residential, commercial and industrial development. Requiring that all new development pay a regional road improvement fee will ensure their participation in the cost of improving the regional road system. Each new development or;expansion°of an existing development will generate new traffic. Where the existing regional road system is inadequate to meet future needs based on new development, improvements are required to meet the new demand. The purpose of this development program is to determine improvements that will ultimately be needed to serve estimated future development throughout the Tri-Valley area and to require the 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 proportional to the development impact. This report discusses the basis of that fee amount. 2 BACKGROUND The Tri-Valley consists of the San Ramon Valley, Livermore Valley and Amador Valley. This area contains the cities of San Ramon, Livermore,Pleasanton, Dublin, the Town of Danville, and portions of southern Contra Costa County and northern Alameda County. The Association of Bay Area Governments forecasts that by the year 2020 the Tri-Valley' Development Area will contain an additional 157,000 new residents, 58,000 new households and 121,000 new jobs. The traffic impact from these new residential units and commercial uses, as well as additional development beyond the year 2020, will adversely affect the quality of life for the existing residents of the Cities and Counties in the Tri-Valley Area unless those regional impacts are mitigated by off-site street improvements. The cities and counties have identified, through the Tri-Valley-Transportation Plan/Action Plan for Routes of Regional significance (the Plan), regional Transportation Improvement Projects, listed in Exhibit D of this Report, which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. State law allows the Cities and Counties to establish a fee on all new development within the Tri-Valley Development Area which would finance all or a portion of these Transportation:«Improvement Projects. The Cities and Counties have agreed, through'the TVTD JEPA,to collect fees for the Transportation Improvement Projects on a uniform basis and to use the fees collected in a coordinated' manner to provide for financing and construction of the Transportation Improvement Projects. AREA OF BENEFIT - LOCATION Exhibit A shows the general location of the Tri-Valley Area of Benefit within Contra Costa County. AREA OF BENEFI.. OUNDARY The Tri-Valley Area of Benefit boundary is shown in Exhibit B and described in Exhibit C. COMPLIANCE WITH SECTION'66001 XOF 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, that will support and augment funding for to ensure a regional'roadway network consistent with current and future transportation needs. The projects on the list will provide additional capacity and help reduce congestion on the regional roadway system. By adoption of this fee, the proposed road improvement program will be able to keep pace with new growth in the region by improving transportation infrastructure contained in the circulation elements for the General Plans of the Parties to the TVTD JEPA. 3 2) USE OF THE FEES The fees will be used to generate monies to augment other funding sources to pay for the road improvements described in Exhibit D. Amenities that 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 to be frontage improvements by the Board°of Supervisors, and as such are the responsibilities of the owners of the adjacent properties; As the fronting properties develop, the frontage improvements may be provided by the developer through conditions of approval, or by other future means such as additional fees or assessment districts. The fees collected will be used for project development activities, including planning and design studies, preparation of environmental reports, and acquisition of right of way. The fees may be used;to reimburse agencies who advance funds for the project from other fundingsources. These fees will also pay for some administrative expenses incurred in developing and administering the fee program. 3) RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT Fixture development, as determined by the Association of Bay Area Governments forecasts, will make necessary the construction of safety', and capacity improvements to the regional road network serving the unincorporated Tri-Valley area. The projects fisted in Exhibit D are necessary for improvement of safety and capacity of the road network serving the Tri-Valley area as determined by planned growth depicted in the General Plans for the seven Parties to the JEPA A trip generation factor has been designated for each of the various land uses outlined in this Development Program Report. These factors were determined utilizing the institute of Transportation Engineers(ITE),Trip Generation Manual, 5' Edition and results of the Tri-Valley Transportation Model. As a result, the proposed, fees are directly related to traffic generated by each particular land use category with trip''generation factors significantly reduced from the standard values in the ITE manual. 4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF DEVELOPMENT In July,`1995,the Tri-Valley Transportation Council (TVTC)adopted the Tri-Valley Action Flan as its blueprint for transportation planning through the year 2010. The Plan acknowledges that financial constraints played a critical role in selecting an adequate level of service and identifying only the most critical >improvement to regional roadways and transit facilities. As an integral component of the Plan's financial strategy, TVTC'will leverage over$162 million in federal, state and local 4 (i.e., Measure"C and Measure B safes tax)funding, providedit can raise matching funds from other local sources: The TVTC selected 11 improvements that will require over $534 million, leaving $368 million of the plan currently unfunded. In order to fund a portion of this gap, the TVTC has proposed the TVTD Fee. The fee amount is based on a Nexus Study commissioned by the TVTC (see Exhibit E attached to this report). The study`` found an estimated future net increase of 50,246 peak-hour trips in the Tri-Valley area. In order to make up the entire $368 million deficit, the fee imposed on each trip would be$7,352. However, the TVTD Fee seeks only to fund a portion of this deficit. The fee has been set at$1,500 per trip. GENERAL PLAN RED ATIONSHP The improvements are necessary for safety and to improve the capacity of the road network to accommodate planned growth in the Tri-Valley area as described in the General Plans for Contra Costa County, Danville, San Ramon, Alameda County, Dublin, Pleasanton, and Livermore. The Contra Costa County General Plan and its various elements are available for review at the Community Development Department, County Administration Building, 651 Pine Street, Martinez, during regular office hours. A trip generation factor has been designated for each of the various land uses outlllined in this Development Program Report.. The factors were determined utilizing the Institute of Transportation Engineers 5t _(ITE), Tri; Generation 11 antral ' " Edition. ;.As a result, the proposed fees are directly related to traffic generated by each particular land use category.` ROAD NETWORK CAPACITYIMPROVEMENT PLAN' The road network capacity improvement program was developed using the Association of Bay Area Government's (ABAG)estimate of development potential in the Tri-Valley area. Eleven projects were identified as necessary to accommodate the continued growth in the area. These projects are listed in Exhibit D. The road improvements will be funded and constructed in conjunction with the development of property within the Tri-Malley Area. The- rate of revenue generated by the TVTD Fee and the timing of the construction of the listed projects are dependent on the rate of new development. As previously noted, the proposed projects are only partially funded by the TVTD Fees. This is due in-.part to the fact that traffic generated outside of the Tri-Valley contributes significantly to the need for these proposed improvements. Other sources of funding, such as State or Federal aid, or local sources such as sales tax or gas tax, will be pursued to fund the<balance of the projects' costs. 5 DEVEI-OPMENT POTENTIAL WITHIN THE TRI-VALLEY The development potential for the Tri-Valley was estimated in the Nexus Study using ABAG socio-economic forecasts. A summary of the potential new residential dwelling units, and commercial, office, and industrial development is shown in Table 1. 6 Table 1 Summary of Development Potential` in the Tri-Valley Cat ao v Floor Area Or Units' Single Family Residential 34,597 Dwelling Units Multi-Family Residential 6,105 Dwelling Units Small Retail (less than 8,848,040 Square Feet 200,000 square feet) Large;.Retail (more than 2,949,347 Square Feet 200,000 square feet) Office 9,152,200 Square Feet Industrial 5,396,500 Square Feet ESTIMATED COST OF ROAD NETWORK"IMPROVEMENIS The estimated TVTD Fee contribution shown in Exhibit D is only a portion of the total project cost. The TVTD Fee will only funda portion of the "fair share" portion of each project attributable to new development. Also, the Fee will not fund items that do not have a direct effect on safety or capacity, such as general lighting, extensive longitudinal storm drain systems, and sidewalks. In Contra Costa County, the estimated TVTD Fee contribution has been increased by approximately 1% 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. 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. To summarize, the six categories of land use for which a fee will be assessed in the TVTD Fee Area, are as follows: Single and Multi-family Residential, Retail, Office, and Industrial. In addition, there is an "Other" category for developments that do not fit neatly into any of the five specified categories. Developments in the "Other" category will pay an amount based on the number of'peak'hour trips generated by the development. The total estimated TVTD Fee share of the project costs is divided by the 7 number of peak hour trips generated by each category. Within the residential categories, the cost is equally distributed among all dwelling units. In the non-residential categories, the cost is distributed on the basis of each square foot of gross floor area. For the "other" category, the fee would be based on the number of peak hour trips; generated by the particular type of development. The Public Works Department''will require a traffic report prepared by a licensed engineer to analyze the project's impact during the peak traffic hours. This report will be subject to the review and approval of the TVTC. The project:would then be charged the peak ;hour'trip rate for the TVTD 'Fee' multiplied by the number of peak hour trips identified in the traffic report. CALCULATION AND DISTRIBUTION'QF-EEE The costs of the road improvement program have been distributed to the respective land use categories in proportion to the number of peak hour trips generated by that category. The fee amount was calculated in the Nexus Study in three ways: by a.m.;peak-hour trips, by p.m. peak hour trips, and by an average of the two. The Nexus Sfudyfound that 50,246 a.m. peak-hour trips and 71,108 p.m. peak-hour trips would be generated by new development in the Tri-Valley area. Based on the average between the a.m. and p.m.' peak-hour trips generated, in order to collect the entire '$161.6 million, the TVTC: jurisdictions would have to adopt the fee schedule shown in Column B of Table 2 below. The actual proposed fee schedule, which reflects a reduced fee burden in every category, is in Column C of Table 2. For a more detailed discussion of the calculation of the fee amount shown in Column B of Table 2, please refer to the Nexus Study(Exhibit E), pages 19-22. 8 Table._Z TWO Fee for Each Land Use (Based on Average of a.m. and p.m. Peak Hour Trips) A. B. C. Land Use Calculated Fee Proposed Fee Type Amount Amount Single Family $2,582 per $ 1,515 per Residential dwelling unit dwelling unit Multi-Family $1,555 per $ 1,060 per Residential dwelling unit dwelling unit Office $ 3.82 per SF of $ 1.01 per SF of gross floor area grass floor area Retail' $ 1.15 per SF of $ 1.01 per SF of gross floor area grass floor area Industrial $ 2.78 per SF of $ 0`.76 per 5F of gross floor area gross floor area Other $ 2,568 per $ 1,515 per peak hour trip* peak hour trip This number was calculated using the average of the a.m. peak- hour rate and the p.m. peak-hour rate on page 21 of the Nexus' Study, RECOMMENDED FEE'S Land Use Recommended Fee Single Family Residential: $ 1,515 per dwelling unit Multi-Family Residential: $,1,060`per dwelling unit Office: $:1.01 per SF of gross floor area Retail: $ 1.01 per SF of gross floor area Industrial: $ 0.76 per SF of grass floor area Other: $ 1,515 per peak hour trip 9 REVIEW'OF FEES Per the TVTC J'EPA,the fee schedule will be adjusted on March 1 of'every>year to account for inflation using the Engineering News-Record Construction Cost Index for the >San Francisco Bay Area for the period ending December 31 of the preceding`calendar year. COLLECTION OF FEES Fees will be collected when the 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 to be established by resolution by the Board of Supervisors. INTEREST ON FEES The interest accrued on the fees collected in the TVTD Fee area will continue to accumulate in the trust account and will be used for the purpose of administration, design and construction of the fee area improvements. ML:ml G:\GrpData\TransEng\ML\TVTC\documents\programreport.wpd Attachments 10 Exhibit A Map of Contra Costa County showing TVTD Fee Area H ==t Mo 6% ,rz, (0 g� 7 L% ,� (0 n n TVTD FEE AREA OF BENEFIT RODE'C6 C KETT MA TINEPI-`TTSBURG PiNOLE C •AN ISAN O PABL EL SOBRANTE' .CONCORD o OAKLE R1CNMON', PLEASANT. ELHILL • CLAYTON BRENTWOO •C RR]T, *WALNUT CREEK (�RINaALAI" T MORAGA i F' NOTE=Excludes incorporated areas within the City of San Ramon and tris TVTO FEE AREA Town of Oonviue LOCATION MAP Exhibit B' Map of TVTD Fee Area and adjacent communities,`cities Al MO STE �£> �c^ s RD DI O r r€ SLACKHAWK 9 _ LI TAS ID o� COUNM VONOSUM Wy .MAPELL 4F'R�S G cP rd NOTE: DAWA"ANC ®AN RAU M ARE SULOCT TO "Z OWN t RDWANCES CQUN Am ARE NOT APPECTM sY 1US PEE ��EpA A .waw� emiTR�cost~cap-+rr Mt5 FEE AREAap— rr.rr= Mid Y6RY99tfw TM4YT f: boo tvto_fee.a9n Jul. 29. 1998 ffi-66','52 Boundary Description TVTD Area of Benefit Exhibit C Real property in Southern Contra Costa County, California, bounded on the south by Alameda County, bounded on the north by the "South Walnut Creek Area of Benefit" adopted December 6, 1994, by Contra Costa County Board of Supervisors' Resolution 94/604, and bounded on the north' and west by the "Central County Area of Benefit" adopted June 13 1995, by ContraCosta County Board of Supervisors' Resolution 95/273 described as follows Beginning at the intersection of the west line of Section 23, Township 2 South, Range 1 East, Mount Diablo Meridian with the boundary common to Contra Costa and Alameda Counties; thence from the Point of Beginning, along said County boundary in,a general westerly direction '101,550 feet, more or less, to Rancho corner'°P.C. No. 31 on the boundary of Rancho Laguna de los Palos Colorados; thence along;said Rancho boundary, north 19028'45" east 3,547.16 feet to Rancho Corner'P.C. No. 32 and north 1013'26" east 929.81 feet to the boundary of the Record of Survey' filed June 20, 1980;'in Book 67 of Licensed Surveyors' Maps at page 9; thence along the boundary of said Record of Survey as follows: 1) north 8805239" east 513.17 feet, 2) north 0°15'16"west 1,303.04 feet, 3) north 88"43'10" east 1,290.34 feet, and 4) north 0°27'37" west 1,306.53 feet to the northwest comer of Section 28, Township 1 South, Range 2 West, Mount Diablo Meridian,, thence along the north lines of Sections 28, 27 and 26 (T1 S R2W), easterly 15,840 feet, more or less, to the west line of Section 25 (T1 S, R2W); thence along said west line, southerly 2,640 feet, more or less, to the west quartet corner of said Section 25; thence south 88°43'05" east 1,063.84 feet to the northwest corner of Subdivision MS 28-82 filed November 21, 1983, in Book 108 of Parcel Maps at page 11; thence along the north line of Subdivision MS 28-82, south 88°47'23"east 1,062.06 feet to the northwest corner of Subdivision MS 53-81 filed March 28, 1985, in Book 1°15 of Parcel Maps at page 14; thence along the north line of Subdivision MS 53-81, south 88043'43" east 3,035.68 feet to the east line of said Section 25 (T1 S, R2W); thence along said east line, northerly 2,640 feet, more or less, to the northeast corner of Section 25, said point lying on the southerly boundary of the parcel of land described as PARCEL FIVE in the deed to East Bay Regional Paris District recorded April 4, 1974, in Book 7189 of Official Records at page 183;thence along said boundary, in a general northerly direction 2,325.7 feet to the east line of the Parcel of land described as PARCEL ONE in the deed to the United: States of America recorded July 29, 1980, in Book 9930 of Official' Records at page 913; thence along said east line, in a general northwesterly direction 192.27 feet to an angle point on the boundary of said East Bay Regional Park District' PARCEL FIVE (7189 O.R. 183); thence along said boundary, in a general northwesterly direction 1207.59 feet to the northeast comer thereof, said point being the southeast corner of the parcel of land described as PARCEL.TWO in said deed to the East Bay'Regional Park District (7189 O.R. '183);"thence along the;northeast line of PARCEL TWO (7189 O.R. 183), said line also being the boundary of Rancho San Ramon, northwesterly 4,840 feet, more or less, to the most easterly corner of Subdivision MS 150-75 fled June 14, 1975, in Book 45 of Parcel'Maps at page 41; thence along the boundary of said Subdivision M'S 150-75 as follows: 1) south 63°16' west 193.73 feet, 2) south 76018'50"west 481.39 feet, 3) north 84°17''west 2,622.91 feet, and 4) north 0039'40"west 1,233.72 feet to the northwest comer of said Subdivision MS 150-75, said point lying on the south line of Subdivision 6419 filed July 28, 1988, in Book 323 of Maps at page 39; thence along said south:line, north 84°4744" west 1,353.46 feet to the southwest'corner of said 1 Subdivision 6419, said point lying on the centerline of Section 14, Township 1 South, Range 2 Vilest, Mount Diablo Meridian; thence along said centerline of Section 14 and the centerline of Section 11 (T1 S, R2W), northerly 6,663.66 feet to the southwest comer of the parcel of land described in the deed to David L. Gates, et ux, recorded April 9, 1981, in Book 10275 of Oficial Records at page 438; thence along the south line of said Gates parcel (10275 0.R. 438) easterly 300 feet to the most southeast`corner thereof, said point lying on the boundary of Subdivision MS 58-75 recorded October' 26, 1978, in Book 71` of Parcel Maps at page 23; thence along the boundary of said Subdivision MS 58-75 (71 PM 2 ) as follows: 1) north 87°05'11"east 274.17 feet, 2) in a general northerly direction 3,354.5 feet to the northeast corner thereof, 3) north 89°12'12' west 176.01 feet, and 4) south 0°36' west 41.92 feet to the southeast corner of Subdivision MS 133-72 filed September 7, 1972, in Book 24 of Parcel Maps at page 9; thence'along the south line' of Subdivision MS 133-72, south 89 1236"west 259.78 feet to the Centerline of Castle Hill Ranch Read (a private road); thence along said centerline in a general northerly direction, 907 feet, more or less to the northeast corner of Lot"B" as shown on the Record of Survey filed May 13, 1984, in Book 74 of Licensed Surveyors' Maps at page 12, said point being the most southern corner of the said "South Walnut Creek Area of Benefit" (Res. 94/604);thence along the boundary of said "South Walnut Creek Area of Benefit," in a general northerly and easterly direction, 6,275 feet,more or less, to the most eastern corner thereof, said point being the intersection of the centerline of Crest Avenue with the extended west right of way line of South Main Street; thence along said extension and west right of way line in a general southerly:direction 565 feet, more or less, to the southeast corner of Subdivision MS 114-75 fled October 20, 1976 in Book'49 of Parcel Maps at page 19; thence along the are of a non-tangent curve concave to the northwest having a radius of 1,096 feet on the northwest line of the Southern Pacific Railroad'right of way, northeasterly 52 feet, more or less, to the most western corner of Assessor Parcel Number(hereinafter referred to as APN) 183- 093-031 described' as PARCEL THIRTY-ONE in the deed to Contra Costa County recorded December 9,'%1985 in Book 12652 of Official Records at page 570; thence non-tangent along the southwest line thereof, crossing Engineer's Station 603+65, southeasterly 110 feet, more or less, to the southeast line of said County parcel, being a non-tangent curve concave to the northwest having a radius of 1,196 feet and being concentric with said northwest line; thence along the arc of said curve, northeasterly 52 feet, more or less, to the southwest line of APN 183-093-023 described in the deed to East Bay Municipal Utility District (hereinafter referred to as EBMUD) recorded January 5, 1968 in Book 5530. of Official Records at page 93 thence along said southwest line, south 22053'01"east 33.76 feet; thence crossing Rudgear Road, southeasterly 245 feet, more or less, to the northwest corner of APN 187-040-007 described as PARCEL 11 in the deed to Contra Costa County Flood Control and Water Conservation District recorded December 20, 1967 in Book 5520 of Official Records at page 451; thence along the boundary of PARCEL 11, in'a general southeasterly direction 1,436.02 feet and north 64016'18" east 239.65 feet, to the most eastern corner thereof on the west right of way line of Interstate°Freeway 680; thence along said west line in a'general southeasterly direction 836 feet, more or less, to the boundary of APN 187- 050-011 and 012 ' described as Parcel 1 in the deed to Edward° Johannessen and Juliet Johannessen 1987 Revocable Living Trust recorded March 22,' 1988 in Book 14228 of Official Records at page 211; thence along said boundary as follows: 1) south '63°37'38"west 44.33 feet, 2) south 23015'36" east 359.22 feet, 3) north 64003'39" east 14.72 feet, 4) south 23015136" east 144.57 feet, 5) south 45021'24" west 36.15 feet, 6) south 55015'24" west 108.21 feet, 7) south 32°31'24" west 152.34 feet, 8) south 12°04'24" west 20.34 feet,-.9) south 33°09'41" east 465.15 feet, 10) north 35052'50" east 129.8 feet, 11) south 29021'32" east 64.96 feet, and 12) south 69°09'52" east 54.67 feet, to the most southeastern comer thereof on the west right of way line of Interstate Freeway,680;thence along said west line in a general southeasterly direction'1,209°.59 feet; thence crossing said freeway, north 53°47'20" east 290 feet, more or less, to the east right 2 of way line thereof; thence along said east line in a general southeasterly direction 2,259.08 feet to the west lime of Subdivision 6468 recorded January 8, 1982 in Book 286 of Maps at page 41; thence along said west line in a general northerly direction 828.77 feet to the south lineof APN 187-160-013 described as Parcel Three in:the deed to the City of Walnut Creek recorded July 5, 1984 in-Book 11867 of Official Records at page 965; thence along said south line and the south line of Subdivision 4810' filed'September 23, 1976 in Book 189 of 'Maps at page 48, south 89043'18" east 944.73 feet, to the southwest corner of Subdivision 3037 recorded June 25, 1964 in Book 99 of Maps at page 30 thence along lot lines of Subdivision 3037, south 89043'18" east 933.43 feet, south,6°19'31"east 712.51 feet and along the north right of way line of'Livoma Road, north 72°23'20 east 145.74 feet; thence crossing Trotter Way, north 72°23'20"east 100 feet, more or less, to the south line of Lot 131 (99 M 30); thence continuing along lot lines of Subdivision 3037 as follows: 1);;along the north right of way line of Livorna Road, north 72023'24" east 272.09 feet, 2) north 1 03623" east 275.72 feet, 3) south 88°23`37" east 149.23 feet 4) south 1 °3623" west 223.71 feet, and 5)along the north right of way line of Livorna Road in a general easterly direction 79.27 feet, to the east boundary of Subdivision:3037, thence along said boundary in a general northerly direction 1,532.28 feet to the northeast corner thereof, also being the southeast corner of Subdivision 3827 recorded June 11, 1969 in Book 126 of Maps at page 38; thence along the east line of Subdivision 3827, north 1°3'1'55"east 942.5 feet,to the southwest comer of Subdivision 5366 recorded March 25, 1980 in Book 236 of Maps at page 7; thence along the boundary of Subdivision 5366 in a general easterly direction 400.83 feet to the southeast comer thereof on the boundary of Subdivision 5931 recorded June 29, 1983 in Book 271 of Maps at page 21 thence along the boundary of Subdivision 5931, in a general southeasterly direction 105.63 feet along. Livoma;.Heights Road right of way line and south 5502255" east 537 feet, to the southeast corner of Subdivision'5931 on the west line of Subdivision 4402 recorded December 27, 1974 in Book 175 of Maps at page 25 thence along said west line, south 1°32'10"west 1063.35 feet to the northwest corner of Subdivision 3973 recorded August 18 1972 in Book 149 of Maps at page 20; thence along the west line of Subdivision 3973 and its southern prolongation, south 1'032'10"west 967.1 feet, to the centerline of Livorna Road; thence along said centerline in a general easterly direction 890.41 feet to the southern prolongation of the east line of Subdivision 3973; thence along said prolongation and east line, north 1°4425" east 1,057.06 feet,to the southeast comer of Subdivision 4402 (175 M 25); thence'continuing north 1 044'25" east 1,527.78 feet to the northeast corner of Subdivision 4402 on the boundary of Subdivision 4924 recorded May 18, 1977 in Book 196 of Maps at page 28; thence along said"boundary in a general'southeasterly direction 2,879.25 feet to the southeast corner thereof on the boundary of Subdivision 6743 filed June 9, 1987 in Book 313 of Maps at page 28; thence along said boundary, north 21"53'15" west 3,423.26 feet, north 73016'01"east 4,566.44 feet, and south 13°51'48"east 5,687.22 feet, to the most southern comer thereof on the south line of Rancho San Miguel and the Record of Survey filed August 27, 1970" in`'`Book 53 of Licensed Surveyors' Maps at page 13; thence along said south line, south 76053'13" east 1,445.41 feet,:to the most southern 'corner of said Record of Survey (53 LSM 13) on the boundary of that 787.58 acre parcel shown on the Record of Survey filed June 22, 1960, in Book 18 of Licensed Surveyors Maps at page 39 thence along the boundary of said parcel (18 LSM 39), south 6°08'40" east 2,389.28 feet and north 87°52'06" east 9,881.201 feet to the southeast comer thereof on the northwest line of Lot d, Rancho San Miguel Robert Allen Tract; thence along said northwest line, northeasterly 3,100 feet, more or less, to the centerline of Mount Diablo Scenic Boulevard (North Gate Road); thence along said centerline in a general easterly direction 12,400 feet, more or less, to the centerline intersection'of Summit 'Road, thence along the centerline of Mount Diablo Scenic Boulevard (South Gate Road) in a general southerly direction 6,700 feet, more or less, to the south line of Section 12 Township 1 South, Range 1 West, Mount Diablo Meridian; thence along said I south line, easterly 4,400 feet; to the northwest corner of Section 18, Township 3 1 South, Ranee 1 East, Mount Diablo Meridian; thence along the west line of said Section 18 (T1 S, R1 E) southerly 5,280 feet, more or less, to the southwest corner thereof, thence along the south'> line of Sections 18, 17 and 16, Township 1 South, Range 1 East, Mount Diablo Meridian, easterly 15,844 feet, more or less, to the northwest comer of Section 22,Township 1 South, Range 1 East, Mount Diablo Meridian, thence along the west line of said Section 22 (T1 S, R1 E), southerly 5,280 feet, more or less, to the southwest comer thereof; thence along the south lime of Sections 22 and 23 (TI S, R1E), easterly 10,560 feet, more or legs, to the northeast comer of Section 26 (T1 S, R1 E); thence, along the east line of Sections 26 and 35 (TIS, R1 E), southerly 10,560 feet, more or less to the northeast comer of Section 2, Township 2 South, Range 1 East, Mount Diablo Meridian; thence along the east line of Sections 2 and 11 (T2S, R1 B), southerly 10,560 feet, more or less, to the northeast corner of Section 14, Township 2 South, Range 1 East, Mount Diablo Meridian; thence along the north line of said Section 14, (T2S, R1 E), westerly 2,640 feet, more or less, to the northeast comer of Parcel I'D" of Subdivision MS 80-85 filed May 14 1967, in Boob 127 of Parcel Maps at page 32 thence along the east line of said Parcel I'D" and its southerly prolongation, southerly 6,250 feet, more or less, to a point on the said boundary common to Contra Costa and Alameda Counties; thence along said County boundary in a general westerly direction 2,800 feet, more or less, to the Point of Beginning. H:jig; g:\clerical\exhibitsl'TVTdaob.exh 6/19136 4 Exhibit D TVTD Fee Project List Project Dame Project Description Total Project Cost I-580/1-680 Reconstruct interchange. Majority of work is building a new two-lane flyover ramp from 1 Interchange $ 121,000,000 Improvements" southbound I-680 to eastbound 1-580 to replace existing loop ramp. Improvements to SR Improve SR 84 to six lanes between I-580 and 2" 84 between I-580 Vineyard Avenue and to four lanes from Vineyard $213,000,000 and 1-680 Avenue to 1-680; 1-680 Auxiliary Lanes between Construct one auxiliary lane in each direction on I- 3 Bollinger Canyon $40,000,000 road and Diablo >680 from Diablo Road to Bollinger Canyon Road. Road West Completion of West Dublin BART Station,including access,parking,Laurel Way traffic signal,Dublin 4 Dublin/Pleasanton $43,000000 BART Station*** Blvd.Widening,and a new parallel connector to Dublin Blvd. I-5'80 HOV Lanes between Santa Rita Construct HOV lanes on I-580 between Santa Rita 5 $40,000,000 Road and Greenville Road and Greenville Road, Road I-680 HOV Lanes Construct HOV lanes between SR 84 and the top of 6 between SR 84 and $ 14,400,000 Sunol Grade Sunol'Crrade at Mission Pass. 1-580/Foothill road Replace the westbound and eastbound off-loops with 7 Interchange $2,000,000' Improvements diagonal ramps, I-680/Alcosta Construct new southbound on/offramp to the north of 8 Boulevard Alcosta Boulevard,and widen San Ramon Valley $9,600,000 Interchange Drive from two to four lanes in the vicinity of the Improvements interchange. Craw Canyon Road Realign roadway for a 50 mph design speed and Safety Improvements widen`shoulders. Add climbing lanes on the two-lane 9 west of Bollinger segments, and two-way left-turn lanes to provide $ 18,000,000 Canyon Read adequate access to residential properties. 14 Project Name Project Description Total Project Cost Vasco road Safety to Improvements north Straighten alignment,add shoulders. $25,000,000 of f=580 Provide capital equipment to provide new Express Express Bus Service bus service for the nine express bus routes as 11 in the Tri-Valley*** proposed in the 1995 Tri-Valley Transportation' $ 8,000,000' ActionPlan. *TVTD Fee will not provide the Total Cost of all the projects. Supplementary sources of funding, such as federal or state grants will be used to augment the TVTD fends. ** This project will receive first priority. The remainder of the projects will be prioritized based on project readiness and leveraging opportunities. *** Contra Costa County fee revenues will not be used to fund improvements to the Dublin BART,Station or to fund the Express'Bus Service in the Tri-Valley. 15 �• g EXHIBIT "Ell Copy of the Nexus Study 16 r a er a � R 6 ! WR ! a.s _ i -.6 d.. ♦4 • • ffi R .Y • 4 s a 4 • - < e B tam • aR 4 f w B s 4 -R a'4J a-: W s k . 46 Q a ♦ - � 1 ♦ m • - f T r=- - 09 m .. a • R m.. • $ sm w w-. f a ♦m 4 f W $$t. • f W �.p R f $ a 4n 4 •K: • • 4 ,Jw -F m4 - +4 4. o k •'. rt ! • m w ..f We= $ R ! ♦ a • s f B -s t p K, '-• 4 • t m map • ! ..a • R m• k ..^4 W w :.e 4• 4 a • 4g • r :.i • O e m,:: 4', • - f N R R 4I wm '1 ffi L • • • .a# :,m $': $ B :.,., R W s ! 4e Oa • - • M .i .lA M', • •A .d w • 44 ,xa r 4 w m ';. 34 ♦ :R s F f• • 4• • � • W as.,;.: 9 4 .x P 4 x # m3 4 n4 :..esx -wm f R ewiAd m • * _t r-177, d� a • # •A • t • 1 • -R4 F• i .s 3 '• w a a f s Oa4m $ #4f M a a• B • d$$ � • $ .d �♦- w W) <♦ �1 1 B •a :..s• .a • Rm _. • -,+ ;;;$ ! Aa` k a a RR a:.;.j a aF ..R ♦.. W $• • • 4.- • N k a9 4±4 *s ..xFq � 4 W • a w • •p a a • „F rR a • M 4 i e$ailRi �• B• t • • as -a a +• • s1 ♦ • • • . • • is a - - .6 • ...•P A' . 1♦a { ♦ 3 •3 a a P -i f - • a P... - de s♦!• • ' -}+9 �£ A i d' aP£ a • B er R am -a a r£ t et• a T4s }• $. # �.bka :-d Pa- • !• • • • - •�} :.• •: • a # _ s • • ®• R • .• a .. sa• • as it r.. PR :1 yP- • a .f • • r• w AF • _.a -+• •.: • •Fa alb. A rr ._sa .. • O r A r w .. a r a _s... ! • a • : s • - R .J :a . e E A - 4 a�.a w a. s - - • • a@ s - ♦ # f ♦ A ^,{ • ! .�i :-t t# • R :i •• m'• _A ♦ !a 8 ! • AL A • B i♦ Br•.: ! i • • ♦• s .a s @ ..s @ • . A s - •q iai@ •t of - i s • i 8 • a ,J • • • • • • • ri t• a - •B • • w; 01SLO1. 1.0 T♦ • • • - • ! • .i• A :.} i • .i :.a. . ! • •Y.' its . • • y. �,y w,' -e • • • • - M - - • • m w - f r - r. • :a • • • .Fq � si w s 6.'.' •E •y _ • r'£.� 4 •,• •1 t •.p 1!•.s-.. ea. 1 e w..n m • i M f RM !' • of ! • i ® • #i a • 1 •• r • ° �,.} *1 diii - ! # a - rrF fw v i a} s}x.. • � • m � ♦ ae Pls. a • .B iE. a • • Table L ABAG Forecast of'Tri-Valley' ousthOl s sdi+Ctiotw 2937' 2MQ Lnnmme zt Shares Gt�oawrth Ab=/I Bladdiawk " 7,148 7X6 738 2.7% 10.6% 3tmvil3ie 22$43 14M 2.347 4.0% 14.3% D'OuSherty 2=4 ICX6 8.232 17.8% 368.6% Taaisajaira 268 280 222 0.2% 67.1% sonRAUM 15.077 2$422 3.334 73% =% Cir C.or wca Costa Co. 6W 845 268 03% 223% Total Contra Costa C.o. 38,234 52x588 14.332 313% 373% I iv+r nti►re 24,292 3407" 10,7% 23.4% 44A% Ple"Anork 2L277 30.212 8,874 29.4% 42?"!G. DubUrt 9,372 11=8 232% 1 .23% Other Alameda Co. 240 $49 1 309 0.7% =I% Total Alameda Co. 53.280 865" 31.W 68.7% 56.9% Total TH-Valley "AM 6 239.253 43= 100.0% 48.9% As shown in Table 1,residential development in Alameda County will accoms Odate over two-dwds of the area's residential development Dougherty Valley, the area's fastest growing eoratrn 'xity. willaccount ,for almost i8 pw ctnt of the area's new''residents. Dublinand the xrrs n prat and area of Al e& County ares the new two most rapidly developing sdicti x s and will a t for 26 percent of the growth. Table 2 shms, that the three jurudkdons in Alda;Courcy will acxxrsntoodate more than threeuxrtert of the Tri-Valley's eatployrnent PMth- Total e�rloymmt for the region is expected to increase by over 57"patent; with total jabs in the Contra Costa C muy mcrpL,t%ag by==a than,42 pet+ment and it Alameda Courgv, by 64 pert Table 2. A.BAG Forest of Tri-Valley Employment Growth from{1997 to=0 +a t op 2997 =0 In�ent Sharers Gnmth`: Abww/Btackhawk 2= 2.= 200 0.3X' 9.7%' t7ar►vi k 6196Cf 7,326 2" 03% 3.8%' 765 3.«30 4,600 6.0% W13% Tas�ty�ura 31 32 1 0.0% 32'X San Raman 3?,397 4:=4 121507 16.7% 393%. Other C=*&Costa CO. 91 92 1 0.0'% 2.2X' Total Gong costa Co. 42325 60.291 27$7 ;. 23.4% 42.2% l i�avro 33,822 32.818 1s,�c34 235% 83x2% 1�esa wn 40,237 6IA76 21.339` 279% 53.2X; Dub9a 26.836 36,OW 1911" 23.0% I=% Other A lameda Co. 792 943 2S2 02%'' 19.2%' Total Alameda Co. 'i3tfM58,18 76.6% 64.2X` wwlwxnw�wlxxtlx�rw�rw IwixlNlax xwurx�lxrx�rll Total Tri-Vallep IMAM 210AM 76AM 2200.0'%' 572% Population lation andioynt growth Will ge rate and attta t new �s on the area's regional roadways.Tmeae he 'ections shown in Tables I and 2 are used in a taporffition dem f==ftMF=Xg=UWrddveWped for the Tri-Valley area to fit the increase in travel. The results of the atod g'are in Table 3. Trip Generation Table 3 presents the a.aa. peak hour traffic volumes for the years 1997, 2M0, and the growth within the 14 year increment The p*ctiEcnts assume all 11 Action Plan p are built. Table 3. Growth in ANS Peak Hour Trip Fads From 1997 to 2MO I997 2MO ksmam! Share Gra wth Alatuo/Sbwkhawk 6.8577AW 753', 13% 11.0% Danville 25.5'18 I6,4?i 953' 1.7% 6.276 Dougherty 3,572 12.663 8.111 143% 227.1% T aro 260 233 73 0.2% 45A% San'Ramon 23,336 2U79 2.8433 3.2% 7.9% Other Contra Costs Com 519 695 276' 03% 34.0% TOW Contra Costa County 49,962 61,M 11.9" 20.9% 23.8% Livermore 37.8"!4 ZM17 2:5.E143 26.4% 39.7%' I'l�eesaxia,oa 36.369 49,684 13.315' 23.4% 36A% Dublin I8=, 35.145' 16=' 2e.7% 86.7% Other A nwda Com 5" 893 318 CkA% M3% Total Alameda County' 9'3,6$0 138.639 46`994; M% 49.1% TOW Tri Valley 143,602 MIM 56.90`7, I=% WA% The total hummient of 56,907 new trips amass all trips that eithero " to or taI I, I sate in the Tri Valley area. In addition, the area will accommodate 3.330 rami*through trip ends(eftmai-acte€nal),or roughly 10 pent of the total u�cr�ease. Exempt Development The total hit of new �p generation ( 29'9"7 to 2OT0) hacludes trips from new development that wild be eace�npt frost paying,a fee.'Their ex cm is dine bra either ane of two legal criteria apglyirig to a denelopa=tent prcect haat has (1)been lassoed a vested tentative Lmap or (2) dated a d agrent Haat e3Cp tty exclatdea assess- m of adctitansl feesI TIC either Q these crttetia apply to a deve- of the ofpa €t as �date fief the pttisdi�tion's�or board adopts the R . the evetoper away Full the P==-bed tan atber of lrua&ng Penrdft Without paying a fee. s if for My tag$=the vesetng hortative imp or developmen t agr+eemnrent of an exmpt development eatpt or be m4wgo laat ed.the�urisd�ctUM tmpma the fee.. Catge Ste,t�sc While the trangpottaticn impacts of oten Vt development wit bac as real as the s from,nc xea�p►t d t;the TvTc Canna impose fee d foar cant t c6llect fee revenues for the proposed projecM Thais,we must subfta the==ber of flew wips generated by e�pt de�crpaa tf m the t otal hu," a<e nt of new t�pao. The result�sthe rust aamount of new tip over wh>&we can allocated tete wdanded Cast of the selected Table 4 shows the exempt development in the Tri'ValfeY area. Table,L Ex=pt Vev*Jopxnevt By JurisdictIo Radderald R*WSqum OfficaSquSte huWN&W ur�tsciiet �n Val l feet 5PW AL r Blackhawk Danville Dougherty TVPOA • San Raman 660 2=.600 Other TH-Valley CC County • Thai Coau�ft Costae Co. 6'W - 2,173 6t�0 Livermore IAU • 4,961,000 Pleasanton Z790 • Dublin 172 Other TriAla Ueda County Total Alanuda Co. 4,.376 41961,00 Tow Tri*Yaney 5=6 2=16W 4 96I OW The exampt develolr==t shown in Table 4 is subtracted froom the total 1997 to 210 inrreznent of new development in Tri"Valley. The proje+ct%(=of new development for Tri- Valley is a rough est based.on the ABMs forecasts. Average va=xy Tates are used to cornvert households to dwelling unktL Average dens"factors an used to covert +eaploym to square feet of re1WL office and induce spm. The remits are shown in Table 5. Cs�abndg+r S�ao�re>ao«,ln� 5 • $ . i1 . • P r . <i # E E a ed @ x dz • W- • _. i • + -m E:+t - w • • .a • .,,p @..,• a @s ! • - . • - s . • • . ;a • is . s . • - • @ . . .: • • d i • w m •.'M• • i •=r E tP.! @ . .PP •.,{ . @. f! t da . • . . i #!! 4 97em6 sFf .1 i• t !P#t •.,.d . tp • . •(@ --d4.d• #� •++� . J • - • . P@.tiF -M'� • P " ,.. �i $ • 4m • m. ! m ;.s and.e+ • t E x• f :-a a @. .r ,...;3 • • • . ,.a - . .at@ 8 . t-< is,a .@f d..... . s q tP • .• m 4 -.f e w A f da.• tS + t• m 4 Sp - fd _ £-. PefE Bttsi �+.,k •4 d •• v # ♦ ;• J Os : R eb • ♦ .:.d # f • iaP ._ g i • 34 @x_k #♦ e gq! MUM"n 343 x iV*114J Y a 30 • •- ♦ eF :6 '�: 1 YJw Ail ig4R. •M • ! ".♦ ,!• Ag ..e lr., • • # •r: M bill F• # 1 W- a - • P Yl f Rk }i.. • aR dr rt4tR M! .aP ! 6 # , R E �.: ..A W ! I ♦ .d i b • - d i 4- • • •F O r a •♦ :,.,b ♦ i P i a opt* 10 "@ 3 8 aT- « - Y • s .:4 4 J® • f # ♦ •F.' S -i w_t. R B r- • i • r M • s •� s a - v a « s « a ^g a er • awa • 4 Y akk 8 Mka 4 • I e:Y k& e; # EI k c •s R • s 19 M. M. • r •. • a s - • iRa - a - 4 s A :;, a! ! :a O � aw: M ! w a • • t 4 « v re r S #•i♦ • d,:.a at } .�,• s ..r aR• •r • • a s r a.. a @ a ei a s A s ...6 a ♦ r !Et ♦ s g r ..d •# fREa€ .! -aada w €• i• f 4 R •6 M ! • 4 : 4t•: r j i i • :..Mw. -}• a • # c r9R • « -. ♦ • �" • vl R r} M '.B 0..:.6 a M • R -d .� • - :} • r al - ;.' • B 9 B } •• i• AF o B8! € • gg- R f 4....: 6 $8 .P b3- •8$ ♦ - q. • w ! • R M w• 8 ri ♦ e• P@ • eq w ea P A w vn- • &• $ 4$ @ -. , P '$ .d - • #$ • a• 3 # P ks.d f. B 0 • i:.,E , 8i , i ': • 3-.- , .j & 4 Ar. $ • •Es+633 4A.. - -. +MlRB 7-MOP 8 •M -Y 0 R 3 • f 8 - 8 @ , A + , "--tPa , , P i • ! 0 , 8 P z • • .:Y. - ,• , • +• ..f .'9 It 4 • •# ,4 ! @ $• ;d '. , @Pq •,ae@ ..aE @! C 3PP td Pt Table 12» A.M.Peak Hour Trip Generation Rates and Adjustnumts .�Ynrir...nirn.nn Yrifrn� TIiP nim Trip Laos* Aguat"AM Cates iesN Ra a Rhes Ad 1t '� Adi a Factor g!!k tf 9 Lt Rif' grti le Family Rnidentiat 0.74 IM 0.71 MWti Fandly 8 gdwdw0.47 1.Cl0 0 Retail per sq.it(-=W L60 030 030' 0.16 Retail per sq.ft(>200 W OAD OAS Oft 048 Of e p er sq.ft. 1.33 1.013 1.Dtt 133 I ndaOxiai per sq.It. 0.90 1.OD 1 AD 0.90 #IInI�I.ICY`�YYYIY/YnIMiII11�gY1Y1111Y1nIrYY11 IY..�IMYINow Trip chversmon factors indicate the permuge of trips for each land use category that are part of a longer trip but divert Less than two miles out of the way to stop at the land use. Trip length adjusts for trip shorter than the hovw-based work t#s. The rates shown in Table 13 an multiplied by the cost per peak'hour trip end produce the two pre�uutry Me schedules shown below. The bottom row shows the meted amounted of revenue each fee schedule should collect over the nest 13 years. Table 13. Preliminary Fee Schedulm (1997--2It 0) FaU Action Ptah Selected Lutd Usoc Cast `es t21-P '+ects3 ecta Single Facey amential SSS 52,380 Multi Pashily Residential S3A643 Sll= Retail per square foot(<2W kst} $1.1 $Oil Retail per square foot(>220 tcs) S 32 $0.58 Office per square foot $9.74 5438 Industrial per s+ care foot $6.59 $2.89 Total Revenues'(S1,000AGO) $368.1 5161.6 Economic Burden Analysis While MC may be legally entitled to levy any of the prelunmary fees shown in Table 13, there are several compelling reasons for levying a tower fee an commercial developatent. 'Tri-Valle ► c=rent[y has a surplus of workers and a shortage of jobs (a; jobs/housing imbalance) and inters to encourage more it growth to improve the balance. Measure C stags that jobs/wusmg balance should be cahsidered in the establistxment of ttve regional fee. In addition, TA-Valley Jurisdictions are struggimg to attract jobs,retell servicesY and sales tax revue. In Girder to reduce the fir andal burden placed on comtnercial development, the TV rC may adapt an alternative fe+e schedule which has lower fees than those shown in liable 13» C=*ridgt 5ysUMNiM l='' 22 .m: b $ i:. •N Y- f ! ! e°. R i ;.S aa. ! • 3-:. i - Z M - Y r ®�;A', f Mf &: # 9 e f w i 3 4 a • !• A • # • - ! • :.8 f i w • ffi i. w Pb i w :.E 5 '! •$ i • Rii • i !4 i ' ■ ! f i 4 :d "A -a a {:,.! a:' ♦ & f •4 a# • • ',4 • •1 t'" i • # i i ■i ,g !. YE - w ;.F ;ea :# R i i ".R - • f „.t b � f �.d !Y - •4!w P w ! • Y i ! • '}w: :,+ Y ! i M$ 'W. i E -d .3 • b ! • i ♦i a r - s b •w. O ! Y' a k.3 i -# i i s a ! - i s ! e.3 _ w $ Y .:d ! - ! -+ r: s 3 ! Y "'t s! f YE• f ! Yi. M s - • i #. 4r g w w ! ,a. s. t". i . s #i # :.� i s"i • s 'r.. • • R i !a ! � Rp Y f ■ !E s f b b e:...r i a v.. t !F FIT 77 i :.fi R Y - Y! i a r • •;: w-+ - s f..a ! 3: a # v- a -If 10 ".# R b •' ! R 4 f <3 i R i^: MWEPre Y • Y aa' R $ • b • # Y w a M i - R! • a w' r • f Y EXHIBIT E PLEDGE TO CONTINUETHE COLLECTION OF TVTD FEE PURSUANT TO THE TV'TO JEPA" RECITALS 1. Tri-Valley Transportation Development Fee: The Cities of Dublin, Livermore, Pleasanton, and San Ramon, the Town of Danville, and the Counties of Contra Costa and Alameda (collectively referred to as "the Parties") are in the process of adopting a Joint Exercise of Powers Agreement(JEPA)to implement a fee on future development for the mitigation of regional traffic impacts. 2. Regional Projects: The Cities and Counties have identified, through the Tri-Valley Transportation Plan/Action Plan for Routes of Regional Significance, eleven regional Transportation improvement Projects, listed in Section 8 of the JEPA. These projects are designed to help mitigate the regional impacts of forecast development within the Tri--Valley Development Area. The proposed fee is based on the estimated cost of these projects and the estimated'future development expected in the Tri-Valley area. A more detailed basis for the fee is outlined in the Nexus Study, cited in the JEPA. 3. 1-580/1-680 Interchange Project: The Parties have identified the 1-580/1-680 Interchange project as its first priority, and have agreed to give this project first priority. Only when the Parties' share of this project is funded will the Parties begin to fund other projects from the list. 4. "Opt-out" Language: At the May 27, 1998 meeting of the Tri-Valley Transportation Council, the Council agreed to add a second paragraph to Section 18 of the JEPA, granting each party a limited opportunity to withdraw from the JEPA, with such withdrawal not becoming effective until the -1-580/1-680 Interchange project is fully funded. 5. Effect of Withdrawal:The Parties recognize that the withdrawal of more than one party from the JEPA potentially could affect the Nexus Study and the fee being adopted by the Parties. However, if only one party withdraws, this is not expected to have any significant effect on either the Nexus Study or the collection of the fee by the remaining Parties. NOW,THEREFORE, CONTRA COSTA COUNTY does hereby pledge to remain a party to the JEPA and continue collecting fees pursuant to the JEPA until all of the Projects'listed in Section 8 have been fully constructed and/or acquired,the second paragraph of Section 18 of the JEPA notwithstanding. Further, the TVTD Fee shall remain in effect until the Transportation Improvement Projects are fully constructed and/or acquired. This pledge shall take effect as soon as six such pledges are adopted by the Councils or Boards of the respective parties and it shall remain in effect and be binding until such time as the JEPA terminates pursuant to the first paragraph of Section 18 of the JEPA; Bard Chair ATO 01II �` Cle of the Board of Supervisors JOINT EXERCISE OF PO'W'ERS AGREEMENT PERTAINING TO Tri-'Talley Transportation Development Fees fo►r Traffic Mitigation BY AND AMONG The County of Alameda, The County of Contra Costa, The City of Dublin, The City of Livermore, The City of Pleasanton, The City of San Ramon, And The Town of Danville JOINT EXERCISE OF POWERS AGREEMENT Tri-Valley Transportation Development Fees for Traffic Mitigation This JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement") is entered into this 22nd day of April, 1998(the "Effective Date") pursuant to Government Code §6502 by and among the COUNTY OF CONTRA COSTA ("Contra Costa"), a political subdivision and body corporate and politic of the State of California; the CITY OF SAN RAMON ("San Ramon"), a municipal corporation duly organized and existing under the laws of the State of California; and the TOWN OF DANVILLE ("Danville"), a municipal corporation duly organized and existing under the laws of the State of California; the COUNTY OF ALAMEDA ("Alameda County', together with Contra Costa, the "Counties"), political subdivision and body corporate and politic of the State of California; the CITY OF DUBLIN ("Dublin"), a municipal corporation duly organized and existing under the laws of the State of California; the CITY OF LIVERMORE ("Livermore"), a municipal corporation duly organized and existing under the laws of the State of California; the CITY OF PLEASANTON ("Pleasanton", together with the other cities and town, the "Cities"), a municipal corporation duly organized and existing under the laws of the State of California. The Cities and Counties may be referred to collectively as the "Parties." RECITALS This Agreement is based on the following facts and circumstances: A. Tri-Valley Development Area. There exists in Alameda County and Contra Costa County a geographical area comprising the San Ramon Valley, Livermore Valley and Amador Valley. This Tri-Valley area contains the Cities and portions of the Counties. The approximate boundaries of the Tri-Valley Development Area are shown on the map attached as Exhibit A. B. Impact of Development. The Association of Bay Area Governments forecasts that by the year 2020 the Tri-Valley Development Area will contain an additional 157,000 new residents, 58,000 new households and 121,000 new jobs. The traffic impact from these new residential units and commercial uses, as well as additional development beyond the year 2020, will adversely affect the quality of life for the existing residents of the Cities and Counties within the Tri-Valley Development Area unless those regional impacts are mitigated by off-site street improvements. Joint Exercise of Powers Agreement Page 1 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 C. Regional Projects. The Cities and Counties have identified, through the Tri- Valley Transportation Plan/Action Plan for Routes of Regional Significance (the Plan), regional Transportation Improvement Projects,listed in Section 8 of this Agreement, which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. D. Tri-Valley Regional Fee. State law allows the Cities and Counties to establish a fee on all new development within the Tri-Valley Development Area which would finance all or a portion of these Transportation Improvement Projects. E. Collection and Use of Improvement Fees. The Parties agree to collect fees for the Transportation Improvement Projects on a uniform basis and to use the fees collected in a coordinated manner to provide for financing and construction of the Transportation Improvement Projects. NOW, THEREFORE, the Parties agree: Section 1. Parties The Parties to this Agreement are the Cities and Counties. Section 2. Definitions a. "ACTA" refers to the Alameda County Transportation Authority, a legal entity created by statute. ACTA and several of the Parties are parties to separate agreements, entitled "Local Match Agreements," whereby such parties have committed to provide funding to ACTA for construction of the 1-580/680 Interchange improvements. b. "Gross Floor Area" refers to the sum of the area at each floor level, including, but not limited to, cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of exterior walls, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (six feet, six inches minimum) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls is left unenclosed, the gross area of the unenclosed portion is to be considered Joint Exercise of Powers Agreement Page 2 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 as a part of the overall square footage of the building. All unroofed areas and unenclosed roofed-over spaces, except as defined above, are to be excluded from area calculations. The gross area of any parking garages within the building shall not be included within the gross area of the entire building. C. "Industrial" refers to developments for the purpose of manufacture or fabrication of products, the processing of materials, the warehousing of merchandise for sale or distribution, research and development of industrial products and processes, and the wholesaling of merchandise. d. "Land Use Entitlement" means a permit or approval granted for a development project as that term is defined in Government Code §66000. e. "Multi Family Residential" refers to buildings or parts thereof designed and used exclusively as a dwelling unit among other dwelling units, either on the same parcel (e.g., apartments and mobile home parks) or under separate ownership(e.g., condominiums, townhomes, duplexes, or duets). f. "Office" refers to developments for the purpose of housing non- commercial, non-manufacturing businesses. g. "Other Uses" refers to land use categories not implicitly included within the land use categories of"Single Family Residential", "Multi Family Residential", "Retail", "Office", or "Industrial", and for which alternative rates can be found in the Institute of Transportation Engineers Trip Generation Manual or in a list of peak-hour trip rates that the Tri-Valley Transportation Council has explicitly approved. h. "Project Sponsor" refers to the Party designated in the Strategic Expenditure Plan (SEP) to oversee the use of Tri-Valley Transportation Development Fee revenues in the development of a specific regional Transportation Improvement Project. The Party designated as Project Sponsor maybe, but need not be, the lead agency for environmental clearance or the agency responsible for the design or construction of the project itself. L "Retail" refers to developments for the purpose of the retail sale of merchandise and services. Joint Exercise of Powers Agreement Page 3 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 j "Single Family Residential" refers to detached buildings designed for occupation as the residence of one family. lc. "Subsidized Housing Development" refers to housing facilities developed by public agencies, limited dividend housing corporations, or non-profit corporations, and maintained exclusively for persons or families of very low, low or moderate income, as defined in Section 50093 of the Health and Safety Code. 1. "Transportation Improvement Projects" or "Projects" refers to those public improvements required to mitigate the regional traffic impacts of development within the Tri-Valley Development Area as specified in Section 8. in. "Treasurer" refers to the finance director or treasurer of the Party unanimously selected by the TVTC to act as Treasurer pursuant to this Agreement. n. "Tri-Valley Transportation Development Fee" or "TVTD Fee" refers to the fees to be imposed by the Cities and Counties on development within the Tri-Valley Development Area. The project list for the Tri- Valley Transportation Development Fee is in Section 8 of this Agreement. o. "TVTC" refers to the Tri-Valley Transportation Council which is defined in the "Joint Powers Agreement by and among the County of Alameda, County of Contra Costa, Town of Danville and Cities of Dublin, Livermore, Pleasanton and San Ramon," dated March 1, 1991. Section 3. Purposes This agreement is made pursuant to Law for the following purposes: a. To establish a framework for the enactment by the Parties of a Tri- Valley Transportation Development Fee (TVTD Fee), a uniform regional fee on development within the Tri-Valley Development Area not legally precluded from the fee, to fund all or part of the necessary transportation improvements identified in the Plan. Joint Exercise of Powers Agreement Page 4 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 b. To help resolve regional traffic problems through implementation of the Plan and the TVTD Fee program. C. To establish funding goals for identified Transportation Improvement Projects and to seek commitments regarding funding for the Transportation Improvement Projects. d. To establish mechanisms for collecting, managing and disbursing the TVTD Fee and to formalize institutional arrangements for the implementation of the Projects to be constructed with fee revenues. Section 4. Duties of Treasurer The Treasurer shall perform the following Duties: a. Keep a record of all TVTD Fees paid to the Treasurer by any Party; all TVTD Fees retained by any Party pursuant to Section 6(b); and all disbursements and expenditures made by the Treasurer in accordance with this Agreement; b. Remit all TVTD Fees, including interest earned thereon, to ACTA on a quarterly basis until ALTA has received $5,548,300 (less any contribution by Parties subject to reimbursement pursuant to Section 7.d), which is the total amount due to ALTA under all of the Parties' Local Match Agreements; C. Coordinate with the Parties and ACTA to assure that no more than $5,548,300 in TVTD Fees and contributions are paid to ACTH, by the Treasurer from the Joint TVTD Fee Account; d. Reimburse Parties from the Joint TVTD Fee Account pursuant to Section 7; e. Calculate interest due on reimbursements to Parties, pursuant to Section 7; f. Transmit monies from the Joint TVTD Fee Account to Project Sponsors for the planning, design and construction of the Transportation Improvement Projects listed in Section 8 and in accordance with the SEP; Joint Exercise of Powers Agreement Page 5 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 g. Reimburse project developers from the Joint TVTD Fee Account pursuant to Section 15; h. Prepare reports required by Government Code §66000 et seq. annually in a form that can be used by each Party to comply with Government Code §66000 et seq. ("AB 1600"); i. Account for all monies from the Joint TVTD Fee Account received in accordance with Government Code §6505; j. Keep a record of the Treasurer's time and expenses in performing the Treasurer's duties hereunder; and k. Other duties as specified by law or as required by the TVTC. Section 5. C ollertion of Tri-Vallcy Transportation Development Fees Each Party agrees to collect the Tri-Valley Transportation Development Fee on development located within the Tri-Valley Development Area that receives a Land Use Entitlement from that Party. The amount of that fee is described in Section 9. To accomplish the collection of fees, each Party agrees: a. To adopt the necessary ordinance(s) and/or resolution(s) to authorize the collection of the Tri-Valley Transportation Development Fee within its jurisdiction; b. To require each project developer to pay the Tri-Valley Transportation Development Fee prior to issuance of building permits for the project to the extent permitted by law. C. To levy the Tri-Valley Transportation Development Fee on all development projects not legally precluded from the fee. d. To apply the fee on all "significant" changes to existing development agreements adopted after January 1, 1998. The TVTD Fee shall be applied to all components of a project that are subject to an amended or renewed development agreement. As used herein, "significant" means any of the following: (i) change in land use type (e.g., office to retail); (ii) intensification of land use types (e.g., increases in square footage of approved Office); (iii) extension of term of development agreements; Joint Exercise of Powers Agreement Page 6 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 and (iv) reduction or removal of project mitigation requirements or conditions of approval. e. To exempt from the fee public schools, Subsidized Housing Development, and the governmental buildings owned by any public entity unless a Party can and does impose the TVTD Fee on governmental buildings of a public entity other than one of the Parties. Section 6. Tri-Valley Transportation Development Fee Accounts a. Each Party shall place the TVTD Fees in an interest-bearing individual account to be used specifically for the Transportation Improvement Projects. The deposits in each account shall be invested in the same manner as other funds of the Party. For investment purposes the funds may be pooled with other funds as long as separate accounting is maintained and the account is credited with the investment earnings. b. �A."Joint TVTD Fee Account shall be established by the "Treasurer". Each Party shall transmit to the Treasurer within 30 days of the end of each quarter not less than 80% of all TVTD Fees collected by that Party during the quarter, and any interest or income generated on such 80% amount, together with notification of the Transportation Improvement Projects that the Party intends to fund with the retained portion of the revenues. C. Each party shall maintain a current record of all funds retained by that Party, including interest or income on such funds and annually furnish the Treasurer an accounting for inclusion in any audit of TVTD Fees. Section 7. PP ym_&ms to ACTA and eirnbursement for ACTA Local Match Contributions a. Payment to ACTA for 580/6 0 Interchange Pro'lect. Commencing with the first quarter after the Fee Effective Date, the Treasurer shall pay to ACTA all of the TVTD Fee revenues received from all Parties, including interest earned thereon. Such payments shall continue on a quarterly basis until ACTA has received $5,548,300, less any contributions by Parties subject to reimbursement pursuant to Section 7.d. of this Agreement. Joint Exercise of Powers Agreement Page 7 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 b. Satisfaction of Local Match Agreements for the 580/680 Interchange Project. Several of the Parties have individual agreements with ACTA to provide Local Match Funds for the 580/680 interchange project. It is the intent of all of the Parties that the TVTD Fees collected by the Parties shall be used to satisfy these Local Match Agreements. In order to carry out this intent, the Treasurer, as part of the quarterly payments to ACTA described in Section 7.a, shall provide ACTA and each of the Parties with an accounting tracking each Party's total cumulative payments until ACTA has received$5,548,300, less any contributions by Parties subject to reimbursement pursuant to Section 7.d of this Agreement. C. Shortfall in Pa=ents to ACTA. The purpose of this subsection is to specify how a shortfall will be funded. At the end of any fiscal year, if ACTA has received (via the Treasurer) less than the total cumulative amount (up to and including the cumulative amounts for that fiscal year) that ACTA should have received from Parties with Local Match Agreements, ACTA shall declare a shortfall and shall notify the Treasurer. The Treasurer and ACTA shall determine which Party (or Parties) is short in its cumulative Local Match obligation through the fiscal year for which there is a cumulative shortfall. If there is only one Party that is short, that Party shall fund the shortfall. If more than one Party is short, then those Parties shall fund the shortfall as follows; The amount of each Party's shortfall in its cumulative Local Match obligation shall be compared to the amount of that Party's cumulative Local Match obligation, expressed as a percentage. That percentage shall be multiplied by the amount of the shortfall in order to determine each Party's share of the shortfall. When ACTA receives monies from the Party (Parties), ACTA shall declare the shortfall funded. Joint Exercise of Powers Agreement Page 8 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 EXAMPLES Cumulative Local 1' Match Amount Paid to Obligations Treasurer/ALTA Shortfall Cit X $ 600,000 $ 700,000 Cit. Y $ 300,000 $ 300,000 Cit Z $ 300,000 $ 200,000 TOTAL $1,200,000 $1,200,000 $0 In this example, even though City Z is $100,000 behind in its cumulative obligation to ACTA, there is no shortfall, and hence City Z owes no additional revenues, becauseACTA has received the total amount of the cumulative Local Match obligation through that fiscal year. Cumulative Local 2' Match Amount Paid to Obligations Treasurer/ACTA Shortfall Cit X $ 600,000 $ 700,000 Cit Y $ 300,000 $ 300,000 Cit Z $ 300,000 $ 150,000 TOTAL $1,200,000 $1,150,000 $50,000 In this example, there is a $50,000 shortfall. City Z will need to fund the $50,000 shortfall from sources other than TVTD Fees. Joint Exercise of Powers Agreement Page 9 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 3 Cumulative Local Amount Paid to Match Treasurer/ACTA Shortfall Obligations Cit X $ 600,000 $690,000 Cit. Y $ 300,000 $200,000 Cit Z $ 300,000 $100,000 TOTAL $1,200,000 $990,000 $210,000 1n this example, there is a $210,000 shortfall. Because there are two Cities that have a shortfall, City Ys shortfall ($100,000) is compared to its cumulative Local Match obligation ($300,000). That percentage is 33.33%. Therefore, City Ys share of the shortfall is $70,000 [$210,000 x 33.33°/x]; City Z's share of the shortfall is $140,000 [$210,000x66.67%]. City Y and City Z will need to fund these shortfalls from sources other than TVTD Fees. d. Reimbursement for Contributions Made Prior to Fee Effective Date. Within sixty days of the Fee Effective Date or its designation as Treasurer, whichever occurs later, the Treasurer shall request from ACTA a statement specifying the contributions by the Parties to ACTA for the 580/680 interchange project prior to the Fee Effective Date which have been found by the ACTA Board to meet its "Policy on Reimbursement or Credit" (E21ibit(ExhibitB hereto). Based on this statement and following payment to ACTA of$5,548,300 (less any contributions by Parties subject to reimbursement pursuant to this subsection), the Treasurer shall reimburse the Party or Parties that made such contributions, in the chronological order such contributions were made, together with 5% annual simple interest calculated from the Fee Effective Date, with the exception of the following contributions: i. County of Alameda, $45,000, ii. City of Dublin, $111,700, iii. City of Livermore, $111,700, iv. City of Pleasanton, $203,700, Joint Exercise of Powers Agreement Page 10 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 V. City of San Ramon, $10,000, and vi. Town of Danville, $9,600. Such reimbursement shall be from TVTD Fees only and shall be made as such revenues are available until all contributions have been reimbursed. As of April 16, 1998, the only Parties which have made contributions which qualify for reimbursement pursuant to this subsection (d) are the City of Dublin and the City of Pleasanton. These Parties are entitled to reimbursement in the following amounts. City of Dublin City of Pleasanton 1. Southerly extension 1. Southerly extension of 1-580/Hacienda of 1-580/Hopyard N.B. Bridge $51,000 N.B. Bridge $115,000 2. Needed project right- 2. 1-580/Hopyard of-way (Enea Property) Interchange $552,500 Landscaping $220,000 3. Improvements to 3. Southerly extension Dublin Boulevard of 1-580/Hacienda $150,000 N.B. Bridge $51,000 4. Needed project right- of-way (Rosewood Drive) 4 416 Total $753,500 Total $429,416 Additional contributions by these or other Parties for the 580/680 interchange project prior to the Fee Effective Date which are found by the ACTA Board to meet its "Policy on Reimbursement or Credit" (Exhi i B) will also be entitled to reimbursement pursuant to this subsection (d). All such contributions will be credited by ACTA against such Parties' obligations. For example, the contributions by Dublin and Pleasanton through April 16, 1998, will reduce Joint Exercise of Powers Agreement Page 11 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 those Parties' Local Match obligations by $753,500 and $429,416, respectively, and will reduce the total Local Match obligation to ALTA from $5,548,300 to $4,365,384. Thus, if the only contributions to the 580/680 interchange project prior to the Fee Effective Date are the foregoing contributions by Dublin and Pleasanton, the total Local Match obligation will be met once ACTA has received $4,365,384. e. R&Lmbursement for Payments Made After Fee Effective Date. If a Party, after the Fee Effective Date, meets its obligation to ACTA for Local Match Funds for the 580/680 interchange project from any source other than TVTD Fee revenues, the Treasurer, upon written request by the Party and after ALTA has certified that it has received$5,548,300 (less any contributions by Parties subject to reimbursement pursuant to section 7.d), shall reimburse the Party for such contribution, together with five percent annual simple interest calculated from the date of payment to ACTH. Reimbursement shall be from TVTD Fee revenues only and shall be made only after the Treasurerhas reimbursed any Parties for the contributions they made prior to the Fee Effective Date, pursuant to Subsection (d) above. Section 8. Trans r a tion Improvement Projects The Tri-Valley Transportation Development Fee shall be used to fund all or a portion of the costs of the following projects: a. Improvements to the 1-580/1-680 interchange: construct a southbound I- 680 to eastbound 1-580 flyover and associated improvements (not to exceed $5,548,300) b. Improvements to State Route 84 between 1-580 and 1-680 C. Auxiliary lanes along 1-680 from Diablo Road to Bollinger Canyon Road d. West Dublin/Pleasanton BART Station e. I-58'0 HOV lanes between Santa Rita Road and Greenville Road f. 1-680 HOV lanes from the State Route 8411-680 interchange to the top Joint Exercise of Powers Agreement Page 12 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 of the Sunol Grade g. Improvements to the 1-580/Foothill Road/San Ramon Boulevard interchange h. Improvements to 1-680/Alcosta Boulevard interchange L Crow Canyon Road safety improvement west of Bollinger Canyon Road j. Vasco Road safety improvements north of 1-580 within Alameda County k. Express bus service in the Tri-Valley area Notwithstanding the foregoing, the TVTD Fee imposed and collected by the County of Contra Costa shall not be used to fund the Projects specified in subsections (d) and (k) above. Section 9. Tri-alley Transportation Development Fee Amount The initial Tri-Valley Transportation Development Fees shall be as follows: Land Use Type Fee Per Unit 71 Single Family Residential $1,500 Dwelling unit Multi Family Residential $1,050 Dwelling unit Office $1.00 Square foot of gross floor area Retail $1.00 Square foot of gross floor area Industrial $0.75 Square foot of gross floor area Other Uses $1,500 Average a.m./p.m. peak hour trip* Joint Exercise of Powers Agreement Page 13 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 * Peak-hour trips will be determined from the latest revision to the Institute of Transportation Engineers' Trip Generation Manual or other rate schedule as agreed to by the TVTC. Notwithstanding the foregoing, the Parties may provide in their implementing ordinance or resolution that an applicant for a Land Use Entitlement who is dissatisfied with the number of peak-hour trips, as calculated by the Party, may appeal the determination to the Party's legislative body. If such an appeal is granted by the Party, and the Party adjusts the number of peak-hour trips, the Party shall have such decision ratified by five members of the TVTC. Absent such ratification, the Party shall pay the difference between the actual fee imposed and the fee set forth in this Section 9 or the Party shall notify the applicant that the full amount of the fee must be paid by the applicant. Section 10. Effective .Date of Fee The parties desire that the Tri-Valley Transportation Development Fee shall be effective in each jurisdiction on the same date. Accordingly, each party shall time the adoption of its resolution or ordinance imposing the fee in such a manner that the fee shall be effective as of September 1, 1998 ("the Fee Effective Date"). Section 11. Strategic E=enditure Plan a. The initial Strategic Expenditure Plan ("SEP") is the 580/680 interchange project described in Section 8.a. b. The TVTC shall prepare and, by a unanimous vote of the TVTC, forward to each Party a first amendment to the SEP in the form of a "Circulation Draft" SEP, within six months of the Fee Effective Date. The SEP, as amended, shall include project cost and revenue estimates for the TVTD Fee, a prioritization plan and a timeline for project delivery. It shall also include reasonable requirements for indemnification and insurance, as appropriate for individual projects, and shall include requirements that Project Sponsors or other entities which construct any of the Projects defend and indemnify the Parties. The SEP shall also include guidelines governing credit and/or reimbursement for entity-constructed Projects and developer-constructed Projects as authorized by, and consistent with, Section 7(d) and (e) and Section 15(a) and (b) , respectively. Appropriate capital improvement procedures`shall be reflected in the SEP. Any TVTD Fees retained by Joint Exercise of Powers Agreement Page 14 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 the parties and not transmitted to the Joint TVTD Fee Account shall also be reflected within the SEP. The SEP shall also include guidelines to assure that Project Sponsors do not receive TVTD Fee revenues from the Treasurer (pursuant to Section 4(f)) for a Project in amounts more than are authorized in the SEP. C. The "Circulation Draft" of the first amended SEP (and all subsequent amendments) must be reviewed and approved unanimously by all of the Parties. The SEP must be reviewed at least once every two years by the TVTC. Each revision shall require unanimous approval by the TVTC. d. The TVTC shall consider the following criteria when establishing the priority of Transportation Improvement Projects in the SEP: (i) Project Readiness: Ability of Project Sponsors to move directly to final design and construction, which could be represented by, among other things, completion of environmental documentation, inclusion of the project in the Regional Transportation Improvement Program, preparation of plans, specifications and estimates. (ii) Project Funding: Ability of project to "leverage" other funding, eligibility of the project for external funding, or commitment of external funding. (iii) Project Effectiveness: Ability of the project to address traffic congestion or safety problems. Section 12. Time of PAY Hent The TVTD Fees shall be collected prior to the issuance of a building permit to the extent permitted by law. Section 13. Tri-Valley Fee Adjustments a. Each Party shall include an automatic adjustment of the TVTD Fee as of March 1 of each year in its fee resolution or ordinance. The adjustment shall be based on the increase or decrease in the Engineering News- Record Construction Cost Index for the San Francisco Bay Area for the Joint Exercise of Powers Agreement Page 15 of 21 TVTD Pees for Traffic Mitigation June 2, 1998 period ending December 31 of the preceding calendar year. b. In addition to the automatic adjustment provided in the TVTD Fee, the Parties may agree to adjust the TVTD Fee to reflect revisions in the project list in the Tri-Valley Transportation Plan/Action Pian,program revenue, increases in land values over the inflationary increase or other factors. The amount of such adjustments shall be included in a written addendum to this Agreement that shall be approved by each Party and in amendments of each adopted fee resolution or ordinance. Concerted efforts shall be made to attract and obtain other funds from other available revenue sources for which the projects are eligible. Section 14. Administrative Costs Up to one percent of the TVTD Fees received by the Treasurer may be used to cover the administrative costs of the Party acting as the Treasurer and other costs associated with the TVTD Fee. Acceptable costs shall be specified in the SEP. Section 15. Credit or Reimbursement for Developer-Constructed Projects The Parties shall provide in their implementing ordinance or resolution that a developer who constructs all or part of one of the Transportation Improvement Projects may be eligible fora credit or reimbursement, as provided herein. No credit shall be applied and no reimbursement shall be made until the Parties have been fully reimbursed pursuant to Section 7(d) and (e). a. Credit or Reimbursement for Project Funded in SEP. A developer may be eligible for a credit to be applied against payment of the TVTD Fee if the developer constructs all or a part of one of the Transportation Improvement Projects that is, at the time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded. A developer may be eligible for a reimbursement if the cost of constructing such a Transportation Improvement Project, or a part of such project, exceeds the amount of the TVTDFee to be paid by the developer. The amount of reimbursement shall equal the difference between the cost of constructing all or a part of the Transportation Improvement Project and the TVTD Fee for the development project. Joint Exercise of Powers.Agreement Page 16 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 Reimbursement shall be from TVTD Fee revenues only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. The amount of the credit, or the credit and reimbursement together, shall be in an amount equal to the cost of the Transportation Improvements Project or portion thereof, as set forth in the SEP, and shall be calculated by the Public Worics Director or City Engineer of the Party granting the credit (and approved by the TVTC Technical Advisory Committee). The credit, or the credit and reimbursement together, shall be calculated at the time the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. The credit shall be granted at the same time. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. b. Reimbursement for Projects Not Funded in SEP. If a developer constructs all or a part of a Transportation Improvement Project that is not, at time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded,the developer may be eligible for be reimbursement from the Treasurer, provided that the SEP is subsequently revised to include the improvement in the prioritization plan as a project to be funded. In such event, the amount of reimbursement shall be calculated by the Public Works Director or City Engineer of the Party in which the development is located (and approved by the TVTC Technical Advisory Committee) and shall be equal to the cost of the project or portion thereof, as set forth in the SEP. The amount of the reimbursement shall be calculated when the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. Reimbursement shall be from TVTD Fee revenues only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. Section 16. Amendments This Agreement may be amended at any time by an amendment mutually executed by the Cities and Counties. Such amendments shall be approved by the governing Joint Exercise of Powers Agreement Page 17 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 board or council of each Party. Section 17. Interpretation. of Agreement Nothing in this Agreement shall be construed to hold any Party liable to any other Party, or any person not a party hereto, for the design, construction, installation, inspection, operation, maintenance and/or repair of any of the Transportation Improvement Projects because the first Party collected TVTD Fees that were used for the design, construction, installation, inspection, operation, maintenance and/or repair of any;Transportation Improvement Project. This Agreement is designed to implement the subvention or disbursement of public funds from one public agency to another and accordingly is not an agreement as defined in Government Code §895. A Party is not liable to another Party for the inadvertent failure or legal inability to collect a TVTD Fee. Section 18. Term of Agreement This Agreement shall remain in effect from the Effective Date in the opening paragraph until the Projects listed in Section 8 have been fully constructed and/or acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until the Transportation Improvement Projects are fully constructed and/or acquired. Notwithstanding the preceding paragraph, any Party may withdraw from the Agreement and terminate its TVTD'Fee'by giving written notice to all Parties within 30 calendar days of the unanimous vote by the TVTC forwarding the Circulation Draft of the first amendment of the SEP (see Section 11(b)), provided no such withdrawal or termination of Fee collection shall become effective until the full amount of the Parties' Local Match payments for the 1-580/680 Project described in Section 8(a) has been made to ACTA and the reimbursements for the 1-580/680 Project provided in Section 7(d) and (e) have been made. Section 19. Attorneys' Fees If legal action is necessary to enforce this agreement, the prevailing Party is entitled to reasonable court costs and attorneys' fees against the Party found to have breached the agreement. Joint Exercise of Powers Agreement Page 18 of 21 TVTD Pees for Traffic Mitigation June 2, 1998 Reimbursement shall be from TVTD Fee revenues only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. The amount of the credit, or the credit and reimbursement together, shall be in an amount equal to the cost of the Transportation Improvements Project or portion thereof, as set forth in the SEP, and shall be calculated by the Public Works Director or City Engineer of the Party granting the credit (and approved by the TVTC Technical Advisory Committee). The credit, or the credit and reimbursement together, shall be calculated at the time the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. The credit shall be granted at the same time. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. b. Reimbursement for Projects Not Funded in SEP. If a developer constructs all or a part of a Transportation Improvement Project that is not, at time the developer enters into an agreement for construction of such project, included in the prioritization plan of the SEP as a project to be funded, the developer may be eligible for be reimbursement from the Treasurer, provided that the SEP is subsequently revised to include the improvement in the prioritization plan as a project to be funded. In such event, the amount of reimbursement shall be calculated by the Public Works Director or City Engineer of the Party in which the development is located (and approved by the TVTC Technical Advisory Committee) and shall be equal to the cost of the project or portion thereof, as set forth in the SEP. The amount of the reimbursement shall be calculated when the developer enters into an agreement for construction of the Transportation Improvement Project and posts bonds. Once calculated, the amount of reimbursement shall not increase for inflation nor shall it accrue interest. Reimbursement shall be from TVTD Fee revenues only, and the right to reimbursement shall terminate ten years from the date the developer entered into the agreement for construction of the project. Section 16. Amendments This Agreement may be amended at any time by an amendment mutually executed by the Cities and Counties. Such amendments shall be approved by the governing Joint Exercise of Powers Agreement Page 17 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 board or council of each'Party. Section 17. Interpretation of Agreement Nothing in this Agreement shall be construed to hold any Party liable to any other Party, or any person not a party hereto, for the design, construction, installation, inspection, operation, maintenance and/or repair of any of the Transportation Improvement Projects because the first Party collected TVTD Fees that were used for the design, construction, installation, inspection, operation, maintenance and/or repair of any Transportation Improvement Project. This Agreement is designed to implement the subvention or disbursement of public funds from one public agency to another and accordingly is not an agreement as defined in Government Code §895. A Party is not liable to another Party for the inadvertent failure or legal inability to collect a TVTD Fee. Section 18. Term of Agre ment This Agreement shall remain in effect from the Effective Date in the opening paragraph until the Projects listed in Section 8 have been fully constructed and/or acquired. The TVTD Fee to be adopted by the Parties shall remain in effect until the Transportation Improvement Projects are fully constructed and/or acquired. Notwithstanding the preceding paragraph, any Party may withdraw from the Agreement and terminate its TVTD Fee by giving written notice to all Parties within 30 calendar days of the unanimous vote by the TVTC forwarding the Circulation Draft of the first amendmentof the SEP (see Section I I(b)) provided no such withdrawal or termination of Fee collection shall become effective until the full amount of the Parties' Local Match payments for the 1-580/680 Project described in Section 8(a);has been made to ALTA and the reimbursements for the 1-580/680 Project provided in Section 7(d) and (e) have been made. Section 19. Attorneys' Fees If legal action is necessary to enforce this agreement, the prevailing Party is entitled to reasonable court costs and attorneys' fees against the Party found to have breached the agreement. joint Exercise of Powers Agreement Page 18 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 Section 20. Powers The powers of this Agreement shall be exercised subject to the restrictions upon the exercising of such powers by the Treasurer, as provided in §609 of the Government Code. Section 21. Sole Agreement This Agreement is the sole agreement on the subject matters of this Agreement between the parties. Section 22. Ng Agency or EntityY reated By entering into this Agreement, the Parties are not creating a separate agency or entity. Section 23. Signatures This Agreement may be signed in counterparts with the signature pages attached to form a complete document. APPROVED BY: COUNTY OF CONTRA COSTA By: .� Its: ..° Attest: Cler1k of the Board of Supervisors Joint Exerciseof Powers Agreement Page 19 of 21 TVTD Fees for Traffic Mitigation June 2, 1998 ORDINANCE NO. 98-35 (Tri-Valley Transportation Development Fee Area) The Board of Supervisors of Centra Costa County ordains as follows:. SECTION 1. 5.UMMAEff• This ordinance provides for the formation of the Tri-Valley Transportation Development Fee Area and the adoption of fees to be collected from developments proposed within the fee area in unincorporated Contra Costa County, to fund road improvements. SEQTION Il. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section 66484 and Division 913, Title 9, of the Centra Costa County Ordinance Code. SECTION III, NQJICE AND HEARIN.Q. This ordinance was adopted pursuant to the procedure set forth in Government'Code Sections 65091,66017(a), 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. SECT ON 1 . FEE ADOPTION.The following revised fees to fund road improvements are adopted for the NTD Fee Areas as established by Resolution 981427 , dated August 11 , 1998, and shall apply to all development as shown in the table below. Fees shall be collected when building permits are issued in accordance with 913-4.204 of Title 9 (Subdivisions) of the contra Costa County Ordinance Cade. F Single Family Residential: $ 1,515 per dwelling unit Multi-Family Residential: $ 1,060 per dwelling unit Office: $ 1.01 per SF of gross floor area Retail: $ 1.01 per SF of dross floor area Industrial: $ 0.76 per SF of gross floor area Other: $ 1,515 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 revised fees described in this ordinance shall apply to all property described in Exhibit"A" attached hereto, SECTION VI, BENIOR: HOUSINfi clothing in this Ordinance shall be construed to abridge or to modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to government Code Section 65915, to adjust or to waive the fees provided for in this ordinance. SECTION VII. pU.B'OSEAND USE OF FEE ..The purpose of the fees described in this ordinance is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Development Program Report dated August 11, 1998. As discussed in more detail in the Report, there is a reasonable relationship between the fees - 1 - ORDINANCE NO. 98- 35 and the types of development projects that are subject to the fees in that the development projects will generate additional traffic regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. SECTIQN Vill. EVERA IILITY. 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 IX. REVIEW OF FEES, Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on March 1 to account for inflation using the Engineering News Record Construction 'Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. Such adjustment shall not require further notice or public hearing. SECTIQN X. EFFEQJIVE DATE. This ordinance shall become effective 64 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 San Ramon"'Valley Times, a newspaper of general circulation published in this County. Pursuant to Section 91°3-5.025 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 11, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By JAA,1 'b \, Deputy Boar# Chair ML:m C:\WP51\TVTG\REGULAR.W PD 7/29/98 - 2 - ORDINANCE NO 98- 35 Exhibit A Map of Centra Costa County showing TVTD Fee Area Q Q 7 A "::4*4 (D U TVTD FEE AREA OF BENEFIT RODEa C KET MA :TINE • � PITTSBURG PtNOLE 10 N SAN EL 508PANTE PAl • *CONCORD , DAKLE ` R1CHMON PLEASANT, EL HILL. • CLAYTON QRENTWQD •C RR1l .WALNUT CREEK ORlNDA�AF T M6RAGA 411 NOTE*Eaalaea ftwwetva art= within m City at fan*0"mgut tft Tann at Dan.i� TVTO FEE AREA LOCATION MAF Boundary Description TVTD Area of Benefit Real property in Southern Contra Costa County, California, bounded on the south by Alameda County, bounded on the north by the"South Walnut Creek Area of Benefit" adopted December 6, 1994, by Contra Costa County Board of Supervisors'Resolution 94/604, and bounded on the north and west by the"Central County Area of Benefit"adopted June 13, 1995, by Contra Costs County Board of Supervisors' Resolution 95/273 described as follows: Beginning at the intersection of the west line of Section 23, Township 2 South, Range 1 Bast, Mount Diablo``Meridian with the boundary common to Contra Costa and Alameda Counties;thence from the Point of Beginning, along said County boundary in a general westerly direction 101,550 feet, more or less, to Rancho corner P.C. No. 31on the boundary of Rancho Laguna de los Palos Colorados; thence along said Rancho boundary, north 19028'45" east 3,547.16 feet to Rancho Corner P.C. No. 32 and north 1013'26"east 929.81 feet to the boundary of the Record of Survey filed June 20, 1980, in Book 67 of Licensed Surveyors'Maps at page 9;thence along the boundary of said Record of Survey as follows: 1) north 88652'39"east 513.17 feet,2)'north 001616"west 1,303.04 feet, 3) north 88043'10"east 1,290.34 feet, and 4)north 0°27'37"west 1,306.53 feet to the northwest corner of Section 28 Township 1 South, Range 2 West, Mount Diablo Meridian; thence along the north lines of Sections 28, 27 and 26 (TIS, R2W), easterly 15,840 feet, more or less, to the west line of Section 25 (-T1 S, R2W);thence along said west line,southerly 2,640 feet, more or less,to the west quarter comer of said Section 25;thence south 88°43'05"east 1,063.84 feet to the northwest comer of Subdivision MS 28-82 filed November 21, 1983, In Book 108 of Pard Maps at page 11;thence along the north One of Subdivision MS 28-82, south 88°4723"east 1,062.06 feet to the northwest corner of Subdivision MS 53-81 filed March 28, 1985, in Book 115 of Parcel Maps at page 14;thence along the north line of Subdivision MS 53-81, south 88043'43" east 3,035.66 feet to the east line of said Section 25 (T1 S, R2W); thence along said east line, northerly 2,640 feet, more or less, to the northeast corner of Section 25, said point tying on the southerly boundary of the parcel of land described as PARCEL FIVE In the deed to East Bay Regional Park Distr ct recorded;April 4, 1974,in Book 7189 of Official Records at page 183;thence along said boundary, in a general northerly direction 2,325.7 feet to the east line of the Parcel of land described as PARCEL ONE In the deed to the United States of America recorded July 29 1880, In Book 9930 of Official Records at page 913; thence along sold east lima, In a general northwesterly direction 192.27 feet to an angle point on the boundary of said East Bay Regional Perk District'PARCEL FINE '(7189 O.R. 183); thence along said boundary, In a general northwesterly direction 1207,59 feet to the northeast comer thereof, saW point being the southeast comer of the parcel of land described as PARCEL TWO In said deed to the East Bay Regional Park District (7189>>O.R. 193);thence along the northeast line of PARCEL TWD (7 89 O.R. 183), said line also being the boundary of Rancho San Ramon, northwest+edy 4,840 feet, more or less,to the most easterly comer of Subdivision MS 150-75 filed .lune '14, 197$, In Book 45 of Parcel Maps at page 41; thence along the boundary of said Subdivision MS 150-75 as follows. 1) south 63"16' west 193.73 feet, 2)south 76°18'50"west 481.39 feet, 3)north 84°17'west 2,622..91 feet, and 4) north 0°39'40"west 1,233.72 feet to the northwest comer of said Subdivision MS 150-75,said point lying on the south line of Subdivision 8419 filed July 28, 1988, in Book 323 of Maps at page 39; thence along said south line, north'84047"44"west 1,353.46 feet to the southwest comer of said 1 Subdivision 6419; said point lying on the centerline of Section 14, Township 1 South, Range-2 West, Mount Diablo Meridian; thence along said centerline of Section 14 and the centerline of Section 11 (TIS, R2W), northerly 5,663.66 feet to the southwest comer of the parcel of land described in the deed to David L. Gates, et ux. recorded April 9, 1981, to Book 10275 of Officlal Records at page 488; thence along the south line of sold Gates parcel (10275 O.R.438)easterly 300 feet to the most southeast comer thereof, said point lying on the boundary of Subdivision MS 58-75 recorded October 26, 1978, in Book 71 of Parcel Maps at page 23; thence along the boundary of said Subdivision MS 5&75 (71 PM 23)as follows: 1)north 8700611"east 274.17 feet, 2) in a general northerly direction 8,364.5 feet to the northeast corner thereof, 3)north 89012'12" west 176.41feet, and 4)south 0036"west 41.92 feet to the southeast comer of Subdivision MS 133-72 filed September 7, 1972, in Book 24 of Parcel Maps at page 9 thence along the south line of Subdivision MS 133-72,south 89"12'3 "west 259.78 feet to the Centerline of Castle'Hill Ranch Read (a private read);thence along said centerline in a general northerly direction, 907 feet, more or less to the northeast comer of Lot 08"as shown on the Record of Survey filed May 13, 1984, in Book 74 of Licensed Surveyors'maps at page 12, said point being the most southern corner of the said "South Walnut Creek Area of Benefit" (Res. 941604);thence along the boundary of said "South Walnut Creek Area of Benefit," in a general northerly and easterly direction, 6,275 feet, more or less, to the most eastern corner thereof, said point being the intersection of the centerline of Crest Avenue with the extended west right of way line of South Main Street;thence along said extension and west right of way line in a general southerly direction 565 feet, more or less, to the southeast corner of Subdivision NQS 114-75 filed October 20, 1976 in Book 49 of Parcel Maps at page 19 thence along the are of a non-tangent curve concave to the northwest having a radius of 1,095 feet on the northwest line of the Southern Pacific Railroad right of way, northeasterly 52 feet, more or less, to the most western corner of Assessor Parcel'Number(hereinafter referred to as APN) 183- 093-031 described as :.PARCEL THIRTY-ONE in the deed to Contra Costa County recorded December 9, 1985 in Book 12652 of Official Records at page 574; thence non-tangent along the southwest line thereof, crossing Engineer's Station 603+65, southeasterly 110 feet, more or less, to the southeast line of said County parcel, being a non-tangent curve concave to the northwest having a radius of 1,19£ feet and being concentric with said northwest line; thence along the arc of said curve, northeasterly 52 feet, more or less, to the southwest line of APN 183-093-023 described in the deed to East Bay Municipal 'Utility District (hereinafter referred to as ESMUD) recorded January 5, 1968 in Book 5530 of Official Records at page 93; thence along said southwest line, south 22"53'01"east 33.76 feet;thence crossing'Rudgear Road, southeasterly 245 feet, more or less, to the northwest corner of APN 197-040-007 described as PARCEL 11 in the deed to Contra Costa County Flood Control and Water Conservation [district recorded December 20, 1967 in Book 5520 of Official Records at page 451;thence along the boundary of PARCEL 11, In a general southeasterly direction 1,036.02 feet and north 6401618"east 239.65 feet,to the most eastern comer thereof on the west right of way line of Interstate Freeway 680;thence arlong,said west line in a general southeasterly direction 836 feet, more or less,to the boundary of APN 187- OW-01 I 87-054-011 and 412 described as Parcel 1 In the deed to Edward Joharnnessen and Juliet Johannessen 1987 Revocable Living Trust recorded March 22, 1988 In Book 14228 of Official Records at page 211;thence along said boundary as follows: 1)south 63 03r west 44.33 feet, 2)south 2361V360 east 359.22 feet, 3)north 64003'37 east 14.72 feet, 4)south 23'1536 east 144.57 feet, 5)south 4502124" west 36.15 feet, 6) south 5501514"west108.21 feet, 7) south 320'31'24"wast 152.34 feet, 8)south 12"04'24"west 20.34 feet, 9)south 33"09'41"east 465.15 feet, 1'0) north 35'052"50" east 129.8 feat, 11) south 29"21"32" east 64.96 feet, and 12) south 69049'52"east 54.67 feet,to the most southeastern comer thereof on the west right of way line of Interstate Freeway 680;'thence along said west line in a general southeasterly direction'! 1,209.59 feet;thence crossing said freeway,'north 53047"20"east 290 feet, more or less,`to the east right 2 of way tine hereof;thence along sand east line In a genu southeasterly direction 2,259.08 fleet to the west fine of Subd~6468 noorded January 8, 1962 InBook 286 of Maps at page 41; thence along said west line in a genes northerly direction 828.77 lest b the south line of APN 187.160-013 described as Parcel Three In the deed to the C4y of Walnut Creek recorded.fitly 5 1984 in Book 11867 of dial Records at page 988;thence along sold;south Ino and the south line of Subdivision 4810 Ted September 23, 1976 In Book 189 of Maps at page 48, south 88,643i 8"east 944.73 feet,to the southwaet corner of Subdivision 3037 mad June 25, 1964 in Book 99 of Maps at page 30,therve olong lot liras of Subdivision 3303�7l,eolith S9*4*TI8*east 933.43 foot,south 601931*east 712.51 and ton the north�VIS way Ine of� Road. north 72°23" "east 148.74 feet,thonce crossing TratterWay,north 720232M east 100%at,more or less,10 the south Ine of Lot 131 (99 M 30y,therm continuing Wong lot,fines of Subdivision 31137 as,tHows; 1)along tho north right of Bray lie of LWoma Road, north 7202320"east 272.09 feet, 2)north 1°38"23"east 2751.72 fleet, 3)south 88023'3r east 149.23 feat 4)south 1°3623"west 223.71 foot, and 5)along the north tight of way One of Uvonoa Road in a general*adterl3r direction 79.27 feet, to the east boundary of Subdivision 3037; thence along said boundary In a general northerly direction 1,532.28 feet to the northeast comer thero off,also being the southeast comer of Subdivision 3827 recorded June 11. 1969 In Book 126 of traps at page 38,thence along the east line of Subdivision 3827,north 1*31'55"east 942.5 .to the southwest comer of Subdivision 5366 recorded March 25. 1980 in Book 236 of Maps at page 7; thence along the boundary of Subdivision 5366 in a general easterly direction 400.83 feet tb the southeast comer thereof on the boundary of Subdivision 5931 recorded June 29, 1983 in Book 271 of Maps at page 21; thence along the boundary of Subdivision 5831, in a general southeasterly direction 105,63 feet along Livorno Heights Road right of way fine and south 55°2215"east 537 feet,to the southeast comer of Subdivision$931 on the west line of Subdivision 4402 recorded Deaernber 27,1974 in Book 175 of Maps at page 25;thence along sold west line,nth 1°32"10"west 1063.35 feet to to northwest comer of Subdivision 3973 recorded August 18, 1972 in Book 149 of Maps at page 20 thence along the west line of Subdivision 3973 and its southern prolongation,south 1'*3210"west 967.1 feet,to the centerline of Livorno Road;them along sold centerfine in a general easterly direction 890.41 feet to the southern prolongation of the east tine of Subdivision 3973;thence along said prolongation and east line,north1'4425"east 1,057.06' .to the southeast comer of Subdivision 4482 (175 ML 25),thenCeL continuing north 1'44'25"east 1,527.78 feet to the'northeast comer of Subdivision 4402 on the boundary of Subdivision 4924 recorded May 18. 1977 in Book 196 of Mops at:,pop 28;Lthence along sold boundary in a general southeasterly direction 2,879.25 feet to the southeast owner thereof on the boundary of Subdivision 6743 feed June 9. 1987 in Boob 313 of;Maps L at page 28; theme alongsaid boundary, north 21.153'15" Meat 3,423.26 fret, north' 73°16"0'1"east 4,568.44 Wit,and south 13*5IL14 "east 5,6117.22 fes#,to the most southern comer ftfoof on the south line of Rancho San.1A1guet and the Record of Survey AM August 27, 1970 in Book 53 Or Licensed Surveyor'Maps at page 13,thence along said south ane,south 7605313" east 1,445.41 feet, to the most southern ✓earner of said turd of Survey (53 LSM 13)on the boundary of that 787.58 am POMWL shown on the record of Survey fed.iutre 22, 1 ,in Book 18 of Licensed Surveyors'.Maps'at page 39,thence Wong the boundary of said parcel(18 LSM 39) south S*08'48"east 2,389.28 fee and north 87°62'06'"'east 9,881.20 feet to the southeast comer thereof an the northwest line of Lit D.Rancho San MIOU81 Robert Allen Trret;th enosr along said northwest line, noftessIody 3.100 Bret, more or less, to the c;eneedk* of Mount Diablo Scenic Boulevard (North Cate Road);thence along said cont-fine in a general easterly direction 12,400 feet, More or esa,to the'centerfine lnter�on of Summit Road;thence along the centerilne of Mount Diablo Scenic Boulevard(South Go*Road)in a genertiui southody difection6.700 feet,more or ins,to the south line of Section 12 Township'1 South, Range 11Neat, Mount Diablo Meridien; thence ab%said earth Ina,easterly'4,400 foot to the northwest corner of Section 18.Township 3 I South, Range 1 East, Mount Diablo Meridian;thence along the west line of said Section 18 (Tis, RI E)southerly 5,280 feet, more or less,to the southwest comet thereof; thence along the south line of Sections 18, 17 and 16,Township 1 South, Range 1 East,Mount Diablo Meridian, easterly 15,840 feet, more or less,to the northwest corner of Section 22 Township 1South,Range 1 'East, Mount Diablo Meridian,thence along the west line of said Section 22(TIS, R1E), southerly 5,280 feet, more or less, to the southwest comer thereof;thence along the south line of Sections 22 and 23 (TI S. R1 E),easterly`10,560 fleet, more or less,to the northeast comer of Section 26 (TI S. R1 E); thence, along the east line of Sections 26 and 35 (T1 S. R1 E), southerly 10,560 feet, more or less to the northeast comer of Section 2. Township 2 South, Range I East, Mount Diablo Meridian; thence along the east line of Sections 2 and 1 I (TZ , R1 E),southerly 10,560 feet, more or less, to the northeast corner of Section 14, Township 2 South, Range I East, Mount Diablo Meridian; thence along the north line of aid mon 14, (t2S, RIE),westerly 2,540 feet, more or less,to the northeast comer of Parcel 'D"of Subdivision MS 80-85 filed May 14, 1987, In Book 127 of Parcel Maps at page 32 thence along the east line of said Parcel "D• and Its southerly prolongation, southerly 6,250 feet, more or less,to a point on the sold boundary common to Contra Costa and Alameda Counties; thence along said County boundary in a general westerly direction 2,800 feet, more or less, to the Point of Beginning, ,KPO gAderic&1\exhtbb\M Daob exh $11s�/96 4 ORDINANCE NO. 98-36 (Urgency Measure for Interim Authorization to Collect the Tri-Valley Transportation Development Area of Benefit Fees) The Board of Supervisors of Contra Costa County ordains as follows: SECTION 1. S�ULWARY. This ordinance provides for the adoption of an urgency measure as an interim authorization for collection of fees to be used for major thoroughfare improvements within the Tri-Valley Transportation Development Fee Area of Benefit, which are needed to protect the public health, safety and welfare. SECTION-11. FINDINGS. The Board finds that: The 1-580/1-680 Interchange is a major regional access interchange within the Tri-Valley Area of Benefit'. The interchange is currently inadequate in capacity to serve present and anticipated traffic generated by development within the Cities of San Raman, Danville, Livermore Pleasanton, and Dublin, and the unincorporated areas of the Counties of Alameda and Contra Costa. As a result, the 1-580/1-680 Interchange is now experiencing traveldelays and traffic congestion of increasing severity. There exist other problem areas throughout the regional transportation system within the Tri-Valley area, including the 1-680 corridor between Bollinger Canyon Road and Diablo Road and the 1-680/Alcosta Boulevard``'Interchange, that, due to development in the Tri-Valley area, are experiencing increasing traffic congestion. To accommodate present and anticipated traffic within the Tri-Valley area, and to provide congestion relief along 1-580 and 1-680, several improvements to the regional transportation system have been proposed, the first of which to be the construction of improvements to the 1-58011-680 Interchange. There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the TrkValley area has caused significant congestion, delay and economic loss to the entire 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 Tri-Valley area and is expected to continue growing in the near future. The corresponding increase in traffic throughout the region will further reduce the quality of travel throughout the entire Tri-Valley 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 resultant inability to finance construction of necessary transportation improvements within the Td- Valley area would be detrimental to the public health, safety and welfare: SECTION 111. UA THORITY. This ordinance is enacted, in part, pursuant to Government Code Sections 66017(b), 66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code. ORDINANCE NO. 98- � SECTION:IV. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 66017(b). SECTION V. FEE ADOPTION. The following interim fees are hereby adopted for the TVTD Fee Area of Benefit to fund major transportation improvements described in the Development"Program Report dated August 11, 1998, on file with the Clerk of the Board, and shall be levied pursuant to the above authorities.' The 'Fee shall apply to all development as shown in the table below. Land e Fee Single Family Residential: $ 1,515 per dwelling unit Multi-Family Residential: $ 1,060 per dwelling unit Office:_ $ 1.01 per SF of gross floor area Retail: $ 1.01 per SF of gross floor area Industrial: $ 0.76 per SF of gross floor area Other: $ 1,515 per peak hoar 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. The interim fees payable under this ordinance shall be in addition to fees payable for the following areas of benefit; 1. South County Area of Benefit 2. Alamo Area of Benefit 3. SCC Regional Fee 4. SCC Sub-Regional Fee 5. SCC Dougherty Valley Fee 6. Tassajara Area of'Benefit SECTION' VI. FEE AREA. The revised fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VII. S NI R HOUSING. Nothing in this Ordinance shall be construed to abridge or to modify the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code'Section 65915, to adjust or to waive the fees provided for in this ordinance. SECTION Vlll. PURPOSE AND USE OF FEES. The purpose of the fees:described in this ordinance is to generate funds to finance improvements to regional transportation projects which are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Development Program Report dated August 11, 1998. 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 regional transportation facilities in the Tri-Malley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. _ 2 - ORDINANCE NO. 98 36 SECTION IX. SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable by acourt 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.;X. EFFECTIVE DATE. This ordinance shall become effective immediately after passage, and shall be operative for 30 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 San Raman Valley 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 11, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canci.amilla and Rogers NOES: None ABSENT: None' ABSTAIN: Done ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By LAi Deputy Bo d Chair i ML:m1 C AWP51 kTVTC\U RGENCY.WPD 7/29/98 - 3 - ORDINANCE NO 98- 36 Exhibit A Map of Contra Costa County showing NTD Fee Area CT r,--"" A ("D (J97A `� (0mum mU V CAL0IF (0RH9G TVTD FEE AREA OF BENEFIT RODE06 C KETT MA TINE PITTSBURG PINOLE •A 10 N SAN EL SOBRANTE PASL CONCORD c OAKLE i RICHMON � PLEASANT. ELS, HILL BRENTWOO C RR 'CLAYTON *WALNUT CREEK ORINC3LAE AT MORAGA I llflr���11 MOPE=Exwas i worwo€.a or*= within Uw Oty of Son Otom and the TVTO FEE AREA T~of Dor m~. LOCATION MAP Boundary Description TVTD Area of Benefit Real property in Southern Contra Costa County, California, bounded on the south by Alameda County, bounded;on the north by the "South Walnut Creek Area of Benefit*°>adopted december 6 1994,by Contra Costs County Board of Supervisors' Resolution 94/604, and bounded on the north and west by the"Central County Area of Benefit" adapted June 13, 1995, by Contra Costa County' Board of Supervisors' Resolution 95/273 described as follows: Beginning at the intersection of the west line of Section 23, Township 2 South, Range 1 East, Mount Diablo Meridian with the boundary common to Contra Costa and Alameda Counties; thence from the Point of Beginning,along said County boundary in a general westerly direction 101,550 feet, more or less, to Rancho comer P.C. No. 31 on the boundary of Rancho Laguna de los Palos Colorados; thence along said Rancho boundary, north 19°28'45" east 3,547.16 feet to Rancho Corner P.C. No. 32 and north 1°13'26" east 929.81 feet to the boundary of the Record of Survey filed .lune 20, 1980, in Book 67 of Licensed Surveyors' Maps at page 9; thence along the boundary of said Record of Survey as follows: 1) north 88052'39" east 513.17 feet, 2) north 001616"west 1,303.04 feet, 3) north 88°43'10"east 1,290.34 feet, and 4) north 0°27*37"west 1,306.53 feet to the northwest corner of Section 28, Township 1 South, Range 2 West, Mount Diablo Meridian; thence along the north lines of Sections 28, 27 and 26 (TIS, R2W), easterly 15,840 feet, more or less, to the gest Eine of Section 25'(T1 S, R2W); thence along said west line, southerly 2,640 feet, more or less, to the west quarter comer of said Section 25, thence south 88°43*05"east 1,063.84 feet to the northwest comer of Subdivision MS 28-82 filet! November 21, 1983, in Book 108 of Parcel Maps at page 11;thence along the north line of Subdivision MS 28-82, south 88'047!23"east 1,062.06 feet to the northwest corner of Subdivision MS 53-81 filed March 28, 1985, in Book i 15 of Parcel Maps at page 14; thence along the north line of Subdivision MS 53-81,south 8804T43" east 3,035.86 feet to the east line of said Section 25 (TIS, R2W); thence along said east line, northerly 2,640 feet, more or less, to the northeast corner of Section 25, said point lying on the southerly boundary of the parcel of land described as PARCEL FIVE in the deed to East Bay Regional Pads District recorded April 4, 1974, In Book 7189of Cftal Records it page 183;thence along said boundary, in general northerly direction 2,325.7 feet to the east line of the Parcel of land described as PARCEL ONE In the deed to the United States of America recorded July 29 1980, in Book 9930 of Official Records at page 913; thence along said east line, in',a general northwesterly direction 192.27 feet to an angle point on the boundary of said East Bay Regional Park District PARCEL FIVE (7189 O.R. 183); thence along said boundary, In a general northwesterly direction 1207.89 feet to the northeast corner thereof, said point being the southeast comer of the parcel of land described as PARCEL TWO in said deed to the East Say Regional Park District {7189 O.R. 183}; thence along the northeast line of PARCELTWO(7189 O.R. 183), said tine also being the;boundary of Rancho San Ramon, northwesterly 4,840 fMet, more or less,to the most eastety corner of Subdivision MS 150-75 filed June 14, 197'6, in Book 45 of Parcel Maps at page 41;,thence along the boundary of said Subdivision MS 15075 as follows:'1) south 63016 west 193.73 feet, 2) south 76018'50"west 481.39 feet, 3)north 84°17"west 2,622.91 feet, and 4) north 0639140"west 1,233.72 feet to the northwest comer of said Subdivision MS 150-75,said point lying on the south line of Subdivision 6419 filed July 28, 1988, In Book 323 of Maps at page 39; thence along said south line, north'84°47'44"west 1,858.46 feet to the southwest comer of said 1 Subdivision 6419, said point lying on the centerline of Section 14, Township 1 South, Range 2 West, Mount Diablo Meridian; thence along said centerline of Section 14 and the centerline of Section 11 (T1 S, R2W), northerly 6,663.66 feet to the southwest corner of the parcel of land described in the deed to David L. Gates, et ux, recorded April 9, 1981, In Book 10275 of Oficial Records at page 438; thence along the south line of said Cates parcel (14275 O.R. 438)easterly 300 feet to the most southeast corner thereof, said point lying on the boundary of Subdivision MS 5875 recorded October 26, 1978, In Book"71 of Parcel Maps at page 23; thence along the boundary of said Subdivision MS 58-75 (71 PM 23)as follows: 1)north 87°05'11"east 274.17 feet, 2) in a general northerly direction 3,354.5 feet to the northeast corner thereof, 3) north 89"12'12" west 178.01 feet, and 4) south 0036'west 41.92 feet to the southeast corner of Subdivision MS 133-72 filed September 7', 1972, in Book 24 of Parcel Maps at page 9;thence along the soffit line of Subdivision MS 133-72, south 89°12'36"west 269.78 feet to the Centerline of Castle HUI Ranch Read (a private road); thence along said centerline in a general northerly direction, 907 feet, more or less to the northeast corner of Lot 119"as shown on the Record of Survey filed May 13, '1884,in Book 74 of Licensed Surveyors'Maps at page 12, said point being the most southern comer of the said "South Walnut Creek Area of Benefit" (Res. 94/604);thence along the boundary of said "South Walnut Creek Area of Benefit," in a general northerly and easterly direction, 6,275 feet, more or less,to the most eastern comer thereof, said point being the intersection of the centerline of Crest Avenue with the extended west right of way line of South Main Street; thence along said extension and west right of way line in'a general southerly direction 565 feet, more or less, to the southeast comer of Subdivision MS 114-75 fled October 20, 1976 in Book 49 of Parcel Maps at page 19 thence along the arc of a non-tangent curve concave to the northwest having a radius of 1,096 feet on the northwest line of the Southern Pacific Railroad right of way, northeasterly 52 feet, more or less, to the most western comer of Assessor Parcel plumber thereinafter referred to as APN) 183- 098031 described as PARCEL'THIRTY-ONE in the deed to Contra Costa County recorded'' December 9, '1985 in Book 12652of Official Records at page 570; thence`non-tangent along the southwest line thereof, crossing Engineers Station 603+65, southeasterly'110 feet, more or less,; to the southeast line of said County parcel, being a non tangent curve concave to the northwest having a radius of 1,196 feet and being concentric with said northwest line; thence along the arc of said curve, northeasterly 52 feet, more or less, to the southwest line of APN 183-093-023 described in the deed to East Bay Municipal Utility District (hereinafter referred to as Bt3MUD) recorded January 5, 1968 in Boots 5530 of Official Records at page 93; thence along said southwest line, south 22053'01"east 33.76 feet;thence crossing Rudgear Road, southeasterly 245 feet, more or less, to the northwest comfier of APN 187-440-007 described as PARCEL 11 In the deed to Contra Costa County flood Control and Water Conservation District recorded December 20, 1967 in Book 5520 of Official Records at page 451;thence along the boundary of PARCEL. 11, in a general southeasterly direction 1,035.02 feet and north 64°16'18"east 239.65 feet to the most eastern corner thereof on the west right of way line of Interstate Freeway 680;thence along said west line In a general southeasterly direction 836 feet, more or less, to the boundary of APN 187- 050-011 and 012 described as Parcel 1 in the deed to Edward Johannessen and Juliet Johannessen 19:87 Revocable Living Trust recorded March 22, 1988 in Book 14228 of Official Records at page 211;thence along said boundary as follows: 1)south 63°3T38"west 44.33 feet, 2)south 2301 5'3V east 359.22 feet, 3)north 64110319"east 14.72 feet,4)south 23°15'36"east 144.57 feet, 5) south 45°21'24" west 36.15 feet, 6) south 5601624" west 108.21 feet, 7) south_ 32'31`24"west 152.34 feet, 8) south 12°04'24"west 20.34 feet, 9) south 3300941" east 465.15 feet, 10) north 35052'50" east 129.8 feet, 11') south 29°21'32" east 64.96 feet, and 12) south 69°09'52"east 54.67 feet, to the most southeastern corner thereof on the west right of way line of Interstate Freeway 680; thence along said west line in a general southeasterly direction 1,209.59 feet; thence crossing said freeway,'north 53647"20"east 290 feet, more or less;to the east right 2 of way line thereof,thence along Said east InaIn general southeasterly direction 2,259.08 feet to the west tine of Subdivision 8468 recorded .January S. 1982 In Book 286 of Maps at page 41; thence along sold West line in a general northerly direction 828.77 fW to the south line of APN 187-160-013 described as Panel Three In the deed to the City of Walnut Crook recorded duly 8, 1984 In Book 11837 of Oficial Records at page 965;thence along said south line and the south` line of Subdivision '4810 filed September 23, 1976 In Book 1890 Maps at page 48. south 89°43'18"east 944.73 feet, to the southwest corner of Subdivision 3037 recorded June 26, 1964 In Book 99 of daps at page 30;thence along lot linea of Subdivision 3037,south 89043'18"east 933.43%4 south,6019'31"east 712.81 feet and along the north right of Way line.of Uvarna Road, north'72"23'20"east 145.74 feet;thence,crossing Trotter Way,north 72°23"20"east 100 feet,more or lases,to the south line of Lot 131 (99 M 30),thence continuing along lot lines of Subdivision 3037 as follows: 1)along the north right of way line of Livorna Road, north 72°232("east 272.49 fret, 2) north 1 03623"east 275.72 feet, 3)south 88°23"3?'east 149.23 feet 4) ;south 1°3 3"went 223.71'feet, and 5)along the north right of way lire of Llvoms Road In a general easterly direction 79.27 feet, to the east boundary of Subdivision 3037; thence along sold boundary In a general northerly direction'1,532.28 feet to the northeast corner thereof; also being the southeast comer of Subdivision 3827 recorded June 11, 1969 in Boob 128 of Maps at page 38;thence along the east line of Subdivision 3827,north 1031'W east 942.5 feet,to the southwest comer of Subdivision 5388 recorded parch 25, 1980 In Book 238 of Maps at page 7; thence along the boundary of Subdivision 8355 in a general easterly direction 400.83 feet to the southeast comer thereof on the boundary of Subdivision 5931 recorded dune 29. 1983 in Book 271 of Maps at page 21;thence along the boundary of Subdivision 5931, In a general southeasterly direction 105.83 feet slang Livonia heights Road rest of way line and south 5502255*°22"55"east 537 leek to the southeast comer of Subdivision 5931 on the west One of Subdivision 4402 recorded December 27, 1974 In Book 175 of baps at page 26;theme along said west line, south 10321100 worst 1063.35 feet to the northwest darner of Subdivision 3873 recorded August 18, 1972 In Book 149 of Maps at page 20; thence along the west line of Subdivision 3873 and its southern prolongation, south 1 032110"west 957.1 feet, to Me centerline of Llvoms Road;thence along said centerflne in a general easterly direction 890.41 fest to the southern prolongation of the,east line of Subdivision 3973;thence along said prolongation and east line, north 1 04425*'east 1,067.06 fleet,to the southeast corner of Subdivision 4402 (175 M 25); thence continuing north 1'0442W east 1,627.78 feet'to the northeast corner of Subdivision 4402 on the boundary of Subdivision 4924 recorded May 18, 1977 in Book. 196 of Maps at page 28; thence along said boundary In a general,southeasterly direction 2,876.25 feet to the southeast comer thereof on the boundary of Subdivision 8743 fled June 9, 1987 In Book 313 of baps at page 28; thence along send 'boundary, 'north i21"53"15" crest 3,423 +6 fd north 73°18"01"east 4,516.44 feet, and south 13°51"48'"east 5,887.22 feet,to the most southern comer thereof on the south line of Rancho San.Miguel and the Record of Survey Fled August 27, 197'0 In Bock 53 of Licensed Surveyors!Maps at page 13;thence along said south Me, south 78°53"13"` east 1,445.41 feet, to the most southern cornet of said Record of Survey (53 LSM 13) on the boundary of that 787.58 acre parcel Shown on the Record of Survey hied June 22, 1960,in Book 18 of Licensed Surveyors'Maps at pas 39;thence along the boundary of said parte(18 LSM 39), south 8*0840"east 2,386.28 feet and north 87°52'06"east 9,881.20 feet to the southeast comer thereof on the northwest One of Lot€3, Rancho San Miguel Robert Allen Tract;theme along sold northwest line, northeasterly 3,100 feet, more or'less , to the centerline of Mount Diablo Scenic Boulevard (North Gate Road);thence along said centerline In a general easterly direction 12,400 feet, mcKre or,less,to the centerline Intersection of Summit Road; thence salting the centerline of Mount Diablo Scenic Boulevard (South Gate Road)M a general Southerly direo n$,700 feet,In= or less,to the south line of Section 12 Township 1 South, Range 1 West, runt DiabloMeridian; thence along sold Isouth'line,easterly 4,400 feet,to the northwest darner of Section 18,Township z 1 South, Range l East, Mount Diablo Meridian;thence along the west line of said Section 18 (TIS, R 1 E) southerly 5,280 feet, more or less,to the southwest corner thereof,thence along the south line of Sections 18, 17 and 16,Township 1 South,:Range 1 East Mount Diablo Meridian, easterly 15,8440 feet, more or less, to the northwest comer of Section 22,Townships 1 South, Range 1 East, Mount Diablo Meridian. thence along the west line of said Section 22(T1 S, RIE), southerly 5,280 feet,more or less,to the southwest comer thereof;thence along the south line of Sections 22 and 23 (T1 S, RIE),easterly 10,560 feet, more or less,to the northeast corner of Section 26(T1 S, R1 E) thence, along the asst line of Secti CONTRA COSTA :Co Recorder's Office Recording Requested By.- STEPHEN L. WEIR County Recorder Contra cost& county DOC _ !ga_C)21 aa p_.. Thursday, SEP 03 199$ 09�;, p Return To: FRE $0.00 , ' Clerk of the Board of Supe 01 Tf7 Pd $07.00 651 Pine Street, Room 106 Nbr-000024,3039 Martinez, CA 94553 7rc / Document Title(s) Ordinance No. 98-36 Urgency Measure for Interim Authorization to 'Collect the Tri-Valley Transportation Development Area of Benefit Fees a Recording Requested By: CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, County Recorder Contra Cotta County DOC -. Sir---0,2 a l 1' --0 Return To: Thursday, SEP 03, 1998 0%1;. FRE $0.00,11, Clerk of the Board of Supervisors Tt 1 Pd $0.00 Nbr--002480401 651 Pine Street, Room 106irc /R9 Martinez, CA 94553 Document Title(s) Ordinance No. 98-35 Tri-Valley Transportation Development Fee Area Recording Requested By, dd Contra Costa County � N�T �, cce unfyr9 ecarde Return To - !98-02 1 3S 1 a---aO Clerk of the Board of> Supervisors Thursday, SEP 03, 1998 09.15:04 651 Pine Street, Room 106 FRE $0.0011 Martinez, CA 94553 Ttl Pd $0.00 br--0000248039 1rc/R9/1-9 Document Title(s) Ordinance No. 98-36 Urgency Measure for Interim Authorization to Collect the Tri-Valley Transportation Development Area of Benefit Fees Recording Requested By: CONTRA COSTA Co Recorder's Office STEPHEN L. WEIR, county Recorder Contra Costa County DOCS - SS---+032'1 aa1 1 ---00 Return To Thursday, SEP 03, 1999 09:15:11 Clerk of the Board of Supervisors FRE $0.00,1 651 Pine Street, Room 106 Tt1 Pd $0.00 Nbr-0000248040 Martinez, CA 94553 1rc/R9, 1_8 Document Title(s) Ordinance No. 98-35 Tri-Valley Transportation Development Fee Area