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HomeMy WebLinkAboutMINUTES - 07182006 - SD.3 " SD C TO: BOARD OF SUPERVISORS ati-sE L °�. Contra 3 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR `s Costa .................. x,,... , 1u ` :z a � July DATE: Jul 18, 2006 Count= v� Y SUBJECT: HEARING to consider the adoption of Urgency and Regular Fee Ordinances to fund the Subregional Transportation Mitigation Program for the West Contra Costa Transportation Advisory Committee, and DETERMINE that the West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) update is not subject to the California Environmental Quality Act(CEQA),West County area. (Districts I and II) [CDD-CP#06-13]Project No.: 0676-6P4007 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. CONDUCT a public hearing to consider the adoption of an urgency ordinance(Ordinance No.2006- 20)and regular ordinance(Ordinance No.2006-21),substantially in the form attached,to adopt fees to fund the revised Subregional Transportation Mitigation Program("STMP")for the West Contra Costa Transportation Advisory Committee ("WCCTAC") and WAIVE reading. .2. ADOPT urgency Ordinance No. 2006-20 adopting interim revised STMP fees. 3. ADOPT Ordinance No. 2006-21 adopting revised STMP fees. 4. DIRECT the Director of Public Works and the Auditor/Controller to establish a trust find for STMP fee revenues and the Treasurer to invest said monies with interest to accrue in the trust fund account. 5. DIRECT the Public Works Department and the Department of Community Development to review the fee schedule every July 1 the STMP fee is in effect, and to adjust for the effects of inflation or deflation as described in the attached ordinance. Continued on Attachment: ® SIGNATURE: [JRECOMiNIENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE E3--A-PPROVE ❑ OTHER SIGNATURE(S): 1�6_ �" ACTION OF BOA N O��1 �t� I hereby certify that this is a true and correct copy of an APPROVED ASR COMMENDED OTHER ❑ action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS UNANIMOUS(ABSENT —In -I,— ) )) AYES: NOES: ATTESTED: O ABSENT: ABSTAIN: JOHN CULLEN, Clerk of the Board of Supervisors and BL:je County Administrator G:\TransEng\AOB\WCCTAC\BO-WCCTAC Adopt Ordinances(07-18-06).doc Orig.Div:Public Works(TE) Contact: Brian Louis,313-2245 c: PW Accounting—C.Raynolds PW Eng.Srvs.—T.Torres PW Trans.Eng.—C.Lau By , Deputy Community Development-H.Li , County Auditor/Controller County Treasurer/Tax Collector SUBJECT: HEARING to consider the adoption of Urgency and Regular Fee Ordinances to fund the Subregional Transportation Mitigation Program fot the West Contra Costa Transportation Advisory Committee, and DETERMINE that the West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) update is not subject to the California Environmental Quality Act(CEQA),West County area.(Districts I and II)[CDD-CP#06-13]Project No.: 0676-6P4007 DATE: July 18, 2006 PAGE 2 6. DIRECT the Public Works Department to collect an additional administrative fee equal to 2%of the program revenue. T DIRECT the Director of Community Development to monitor future amendments to the currently adopted General Plan and their impact on traffic within the West Contra Costa Subregional Transportation Mitigation Fee Area and to report those amendments to the Public Works Director as necessary to facilitate updating of the STMP fees. 8. DECLARE the intention of the Board that WCCTAC aggressively pursue outside funding sources, such as federal and state monies,to finance the projects in the revised STMP to the maximum extent possible. 9. DETERMINE that the WCCTAC STMP update activity is not subject to the California Environmental Quality Act (CEQA), pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines, and 10. DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk, and 11. AUTHORIZE the Public Works Director to arrange for payment of a $25 fee to Community Development for processing, and a$25 fee to the County Clerk for filing the Notice of Exemption II. Financial Impact: Adoption of the revised STMP fees will result in the potential collection of fees from new development to fund subregional transportation improvements within the West Contra Costa Subregional Transportation Mitigation Fee Area. There will be no impact to the General Fund. III. Reasons for Recommendations and Backiround: The STMP was first adopted by the WCCTAC, the Cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo,Contra Costa County,and the Contra Costa Transportation Authority(CCTA)in 1997,byway of a Cooperative Agreement and local ordinance. The program consisted of developer fees in the amount of $700 per residential unit, $560 per multi-family residential unit, and $.20 per square foot for commercial/industrial/office space. The fees charged were considerably lower than what would have been allowed by the nexus analysis. [California legislation requires, among other things, that fees on new developments bear a reasonable relationship (nexus) to the cost of the public facilities, or portion of the public facilities,attributable to the developments on which the fee is imposed. California courts have long- used the reasonableness standard or nexus to evaluate the constitutionality of exactions,including developer fees.] The three projects that were partially funded in the 1997 program were: the Highway 4 West divided highway, the El Cerrito BART Parking Structure, and the Richmond Intermodal Station. SUBJECT„ HEARING to consider the adoption of Urgency and Regular Fee Ordinances to fund the Subregional Transportation Mitigation Program for the West Contra Costa Transportation Advisory Committee, and DETERMINE that the West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) update is not subject to the California Environmental Quality Act(CEQA),West County area.(Districts I and Il)[CDD-CP#06-13]Project No.: 0676-6P4007 DATE: July 18, 2006 PAGE 3 Another purpose of this board order is to determine that the action of updating the STMP fees is exempt from CEQA Guidelines. Any future construction activities associated with the STMP will require independent CEQA analysis. INFORMATION ON THE PROGRAM UPDATE The updated STMP program is a 25-year program. Association of Bay Area Governments (ABAG) Projections 2003 provided the growth projections in households and employment for West County. These statistics and standard trip generation rates from the Institute of Transportation Engineers Trip Generation Handbook allowed the consultants to estimate the total increase in peak hour trips in the morning commute period (28,571 trips). Richmond and Hercules account for more than 75 percent of the new trips. The following table shows the growth in new a.m. peak hour trips in the next 25 years (2005 to 2030) for the West County jurisdictions: Richmond 58.5% Hercules 18.1% Pinole 7.8% El Cerrito 5.6% San Pablo 5.2% Rodeo-Crockett 4.8% A list of projects needed to accommodate future traffic was prepared by the WCCTAC Technical Advisory Committee(TAC). Eleven projects are currently on the list. In general,because most projects mitigate both existing and future deficiencies,the amount of STMP funding varies from 27.5%to 50%of the project cost. The consultant team includes a firm that specializes in studying the relationship between the impacts of the new growth and the fees proposed. UPDATED PROJECT LIST The eleven projects recommended by the TAC (and the STMP funding amount) are: 1. Richmond Intermodal Station- $15,000,000. 2. Interchanges on I80 at San Pablo Dam Road and at Central; and on Highway 4 at Willow - $14,280,000. 3. Capital Corridor Improvements (Hercules train station and track/safety improvements) - $13,255,000. 4. Ferry Service from Richmond and/or Hercules/Rodeo - $12,650,000. 5. BART access and/or parking improvements - $25,330,000. 6. Bay Trail Gap Closure - $1,510,000. 7. San Pablo Dam Road Improvements in Downtown El Sobrante - $1,900,000. 8. San Pablo Avenue Corridor Improvements - $1,650,000. SUBJECT: HEARING to consider the adoption of Urgency and Regular Fee Ordinances to fund the Subregional Transportation Mitigation Program for the West Contra Costa Transportation Advisory Committee, and DETERMINE that then West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) update is not subject to the California Environmental Quality Act(CEQA),West County area.(Districts I and II)[CDD-CP#06-13]Project No.: 0676-6P4007 DATE: July 18, 2006 PAGE 4 9. N. Richmond Road Connection Project -$4,000,000. 10. Hercules Transit Center Relocation- $1,650,000. 11. Del Norte Area Transit Oriented Development Project—6,875,000. Proj ect numbers 6,7,and 8 are located in the unincorporated West Contra Costa County area,which would benefit from these improvements. Specific project descriptions can be found in the attached program update. There area diverse range of projects represented,and many of the projects are also funded by Measure J-the renewed transportation sales tax measure in Contra Costa County. With the recent shortfall in transportation funding, the developer fees will help to make up funding gaps. POTENTIAL FEES AND REVENUES In 1997,the nexus analysis showed that WCCTAC could legally establish fees at a level(i.e.residential at $2,345 per dwelling unit) that would generate total $24.5 million over 13 years; however, the established fees were set lower(i.e.residential at$700 per dwelling unit)and it was anticipated that$5.1 million would be raised over the life of the program (1997 to 2010) at the reduced fee level. If the full fees justified by the updated nexus analysis are approved by WCCTAC and the other member entities,the updated program would generate approximately$95 million over 25 years. The proposed fees are: Single family residential $2,595 per dwelling unit Multi-family residential $1,648 per dwelling unit Senior Housing $701 per dwelling unit Hotel $1,964 per room Retail/Commercial $1.82 per square feet Office $3.51 per square feet Industrial $2.45 per square feet Storage Facility $0.53 per square feet Church $1.58 per square feet Hospital $4.21 per square feet Other $3,507 per AM peak hour trip The above WCCTAC STMP Fees are subject to annual adjustment. An additional administrative fee equal to 2% of the program revenue will''be assessed by the County. In order to implement the new STMP fee schedule, it is necessary for the County and the other member agencies to adopt new ordinances or resolutions. IV. Consequences of Negative Action: Failure to adopt the recommended,,STMP fee ordinances could result in the loss of potential revenues and SUBJECT: HEARING to consider the adoption of Urgency and Regular Fee Ordinances to fund the Subregional Transportation Mitigation Program for the West Contra Costa Transportation Advisory Committee, and DETERMINE that the West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) update is not subject to the California Environmental Quality Act(CEQA),West County area. (Districts I and II) [CDD-CP#06-13]Project No.: 0676-6P4007 DATE: July 18, 2006 PAGE 5 would be inconsistent with the intent of the Master Cooperative Agreement, which established the WCCTAC fee program. In addition, the developer contribution for subregional improvement projects is necessary to comply with the concepts of the County's Growth Management Program which requires new growth to fund the additional infrastructure capacity required to serve that growth. The Growth Management Program became a requirement with the passage of Measure"C"which was approved by the voters in 1988. DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 0676-6P4007 CP NO.: 06-13 ACTIVITY NAME: West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) Update DATE: January 31, 2006 PREPARED BY: Trina R. Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility the activity may have a significant effect on the environment. DESCRIPTION OF THE ACTIVITY: The: Sub-Regional Transportation Mitigation Program (STMP) was adopted by the West Contra Costa Transportation Advisory Committee(WCCTAC),the West Contra Costa County Cities,Contra Costa County, and the Contra Costa Transportation Authority (CCTA) in 1997. The existing developer fees that were agreed to in 1997 do not accommodate the impacts associated with new development. The previous fee amounts determined by the WCCTAC have been collected and most of the funds have been spent. Additional funds are necessary in support of future regional transportation growth. The! purpose of this activity is to: 1) update existing STMP fees by increasing fees for new and future development to mitigate the impacts of new trips generated by each development, 2) raise funds in support of regional transportation projects in West County, and 3) adjust the traffic mitigation fee program, as necessary. The WCCTAC fee will be collected from new development within the fee area (Figure 1). All of the roadways proposed for improvement under this program are contained in or in the process of being incorporated into the circulation element of the County general plan and regional planning documents for the fee area. Each project funded either wholly or in part by this fee will be analyzed under a project-specific CEQA document. LOCATION: The WCCTAC/STMP fee area includes the cities of EI Cerrito, Hercules, Pinole, Richmond, San Pablo, and unincorporated Contra Costa County. REVIEWED BY� DATE: L igh Chavez P anner III APPROVED BY: DATE: 106 Community Development Representative TT: G:\GrpData\EngSvc\ENVIRO\TransEng\WCCTAC-STMP Fee Ordinance\CEQA\Determination of Exemption.doc n. qL ,fa, C No OEM MM o sm LC jig t w s �.;z ; .y'✓,� �i Lfi�� s„` x �:'. ,�uy,�-�'�,t5=,aye�<� F� " z � 7 ..� F - � �.4.^pry rin`�3.•. tM vh}Ss .. � x�. �. 1 � b ' 1 Y • y 1 � yam{ �`3Y'�� ti6 o �'..� +e'u ed a. 8 o az � Too s CIO G. C cc P .S S tC CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2176 Contact Person: Trina Torres - Public Works Dept. Project Description, Common Name (if any) and Location: West Contra Costa Transportation Advisory Committee (WCCTAC) °Sub-Regional Transportation Mitigation Program (STMP) Update,County File #CP 06-13. Project Description: The Sub-Regional Transportation Mitigation Program (STMP)was adopted by the West Contra Costa Transportation Advisory Committee (WCCTAC), the West Contra Costa County Cities, Contra Costa County, and the Contra Costa Transportation Authority (CCTA) in 1997. The existing developer fees that were agreed to in 1997 do not accommodate the impacts associated with new development. The previous fee amounts determined by the WCCTAC have been collected and most of the funds have been spent. Additional funds are necessary in support of future regional transportation growth. The purpose of this activity is to: 1) update existing STMP fees by increasing fees for new and future development to mitigate the impacts of new trips generated by each development, 2) raise funds in support of regional transportation projects in West County, and 3) adjust the traffic mitigation fee program, as necessary. The WCCTAC fee will be collected from new development within the fee area(Figure 1). All of the roadways proposed for improvement under this program are contained in or in the process of being incorporated into the circulation element of the County general plan and regional planning documents for the fee area. Each project funded either wholly or in part by this fee will be analyzed under a project-specific CEQA document. LOCATION: The WCCTAC/STMP fee area includes the cities of EI Cerrito,Hercules, Pinole, Richmond, San Pablo, and unincorporated Contra Costa County. This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) Other Statutory Exemption, Section Declared Emergency (Sec. 15269(a)) X General Rule of Applicability(Section 15061(b)(3) _ Emergency Project (Sec. 15269(b) or (c)) _ Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due C:\Documents and Settings\blouis\Local.Settings\Temporary Internet Files\OLKAC\NOE.doc CALIFORNIAENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2176 Contact Person: Trina Torres - Public Works Dept. Project Description, Common Name (if any) and Location: West Contra Costa Transportation Advisory Committee (WCCTAC) Sub-Regional Transportation Mitigation Program (STMP) Update,County File #CP 06-13. Project Description: The Sub-Regional Transportation Mitigation Program (STMP)was adopted by the West Contra Costa Transportation Advisory Committee (WCCTAC), the West Contra Costa County Cities, Contra Costa County, and the Contra Costa Transportation Authority (CCTA) in 1997. The existing developer fees that were agreed to in 1997 do not accommodate the impacts associated with new development. The previous fee amounts determined by the WCCTAC have been collected and most of the funds have been spent. Additional funds are necessary in support of future regional transportation growth. The purpose of this activity is to: 1) update existing STMP fees by increasing fees for new and future development to mitigate the impacts of new trips generated by each development, 2) raise funds in support of regional transportation projects in West County, and 3) adjust the traffic mitigation fee program, as necessary. The WCCTAC fee will be collected from new development within the fee area(Figure 1). All of the roadways proposed for improvement under this program are contained in or in the process of being incorporated into the circulation element of the County general plan and regional planning documents for the fee area. Each project funded either wholly or in part by this fee will be analyzed under a project-specific CEQA document. LOCATION: The WCCTAC/STMP fee area includes the cities of EI Cerrito,Hercules, Pinole, Richmond,San Pablo, and unincorporated Contra Costa County. This project is exempt from CEQA as a: _ Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency(Sec. 15269(a)) X General Rule of Applicability(Section 15061(b)(3) _ Emergency Project (Sec. 15269(b) or(c)) _ Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources"Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due C:\Documents and Settings\blouis\Local Settinas\Temporary Internet Files\OLKAC\NOE.doc ORDINANCE NO. 2006-20 (Urgency Interim Ordinance Adopting Revised West Contra Costa Subregional Transportation Mitigation Fees) The]Board of Supervisors of Contra Costa County ordains as follows: SECTION I. SUMMARY. This ordinance provides for the repeal of Contra Costa County Ordinance No. 97-22 and the adoption of revised transportation mitigation fees for subregional transportation improvements within the West Contra Costa Subregional Transportation Mitigation Fee Area. This ordinance is enacted as part of the Subregional Transportation Mitigation Program ("STMP") approved by the West Contra Costa Transportation Advisory Committee ("WCCTAC") and its member agencies (Cities of El Cerrito,Hercules, Pinole,Richmond and San Pablo; Contra Costa County; AC Transit; and BART)pursuant to Measure C, the Contra Costa County half-cent sales tax measure adopted in 1988. SECTION IL AUTHORITY. This ordinance is enacted, in part,pursuant to the Mitigation Fee Act(Gov. Code, § 66000 et seq.) and Article 11, Section 7 of the California Constitution. SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code sections 54986 and 66017-18, and all required notices have been properly given and public hearing held. SECTION IV. REPEAL. Contra Costa County Ordinance No. 97-22 is hereby repealed. SECTION V. FEE ADOPTION AND COLLECTION. A. The following fees are hereby adopted to fund the eleven improvement projects ("Projects") described in the''2005 Update of the Subregional Transportation Mitigation Program ("Report")prepared by TJKM Transportation Consultants, on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: West Contra Costa Subregional Transportation Mitigation Fees: Land Use Type Fee Amount Single family residential $2,595 per dwelling unit. Multi family residential $1,648 per dwelling unit Senior housing $701 per dwelling unit Hotel $1,964 per room Retail/Commercial $1.82 per square foot Office $3.51 per square foot Industrial $2.45 per square foot Storage facility $0.53 per square foot Ordinance No. 2006-20 Page -1- Church $1.58 per square foot Hospital $4.21 per square foot Other* $3,507 per AM peak hour trip generated * Fees for other uses shall be'determined by the.County according to information generated by traffic studies, if required by the County, or in accordance with the Institute of Transportation Engineers (ITE) Manual. B. No development shall be exempt from the fee; provided, that any development which, as of the date of this Ordinance,,(i)has perfected an exemption pursuant to the vesting tentative map law or(ii) has entered into a development agreement with the County which expressly excludes assessment of additional fees, shall not be subject to the fees required to.be imposed hereby. C. A project that replaces an existing structure or development is subject to the fee only to the extent that it would generate more peak hour vehicle trips than the existing development. D. The fees specified herein shall be made a condition of approval of all tentative and final subdivision maps. Except as provided above in subsection B, the fees shall be collected prior to the issuance of any building permit. E. The fees specified herein shall be collected for all projects in the area described in Section VII below. F. Fees paid pursuant to this ordinance shall be remitted on a quarterly basis to the City of San Pablo Finance Department, to be placed in a fund to be used solely for the purposes described in this ordinance. Any interest accumulated on such funds shall also be used only for the purposes specified in this ordinance. SECTION VI. FEE REDUCTION AND CREDIT. A. A developer may request a reduction in fees through the County if it is determined that the project will generate a lower number of trips than data provided by the ITE Manual that was used as the basis for the Report. Any such fee reduction would be based on a traffic study which determines that the traffic impacts of the proposed development would generate fees that are less than the fees that are set forth in Section V.A. above. The methodology for conducting the study shall be developed and approved by WCCTAC. The County shall determine the appropriate fee reduction based upon the proportionate reduction in trips demonstrated in the traffic study. B. A developer may receive credit against fees for the dedication of land for right-of-way and/or construction of any portion of the Projects, where such right-of-way or construction is beyond that which would otherwise be required for approval of the Ordinance No. 2006-20 Page -2- proposed development. The calculation of the amount of credit against fees for such dedications or improvements shall be based on a determination by the County that such credits are, in fact, exclusive of the dedications, setbacks, improvements, and/or traffic mitigation measures which are required by local ordinance, standards, or other practice. In addition,the credit shall be calculated based upon the actual cost of construction of improvements or, in the case of land dedication, on an independent appraisal approved by the County. SECTION VII. FEE AREA. The fees set forth in this ordinance shall apply to all property within the West Contra Costa Subregional Transportation Mitigation Fee Area, as described in Exhibit A attached hereto. SECTION VIII. PURPOSE AND USE OF FEES; FINDINGS. A. The purpose of the fees described in this ordinance is to generate funds to finance certain transportation improvements in the West Contra Costa Subregional Transportation Mitigation Fee Area. The fees will be used.to finance the Projects listed in the Report. As discussed in more detail in said Report,there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate.additional traffic in the West County area, thus creating a need to expand, extend or improve existing transportation facilities and a need to construct new transportation facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. B. . The fees will be used to pay for the administration,planning, environmental documentation, design,right-of-way acquisition, and construction of the Projects described in the Report. C. The nexus findings, in conformance with Government Code Section 66000 et seq., contained in the Report, are incorporated herein by reference. D. The Board determines that the adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act("CEQA")pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273(a)(4) of the CEQA Guidelines because the fees collected from this action will be used for regional transportation infrastructure necessary to maintain an acceptable level of service within existing service areas. E. There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the West Contra Costa Mitigation Fee Area has caused significant congestion, delay, and economic loss to the entire West County region. The resulting stressful driving conditions and reduction in air quality are adverse factors affecting the public health, safety, and welfare. Ordinance No. 2006-20 Page -3- } Residential,commercial, and other construction activity is increasing in the West County area and is expected to remain strong in the near future. The corresponding increase in traffic will further reduce the quality of travel throughout the entire West County area. Failure to adopt the interim fees at this time will result in loss of potential revenues as residential and commercial projects are built without having to contribute their fair share to the Projects. The ability to finance construction of necessary transportation improvements within the West County area is detrimental to the public health,safety, and welfare. The County's existing regional transportation fee is insufficient to achieve the transportation improvements necessary to address the impacts generated by new development,as identified in the Report. For example;the County's existing regional transportation mitigation fee for single-family residences is$828,while the Report indicates that it actually would cost$2,595 per single-family residence and additional funding to cover the cost of providing the necessary improvements. This critical funding shortfall presents a current and immediate threat to public health,welfare, and safety because with every approval of a new residence or commercial structure under the old fee,the construction of critical roadway, safety,and accessibility improvements will be delayed unless and until a substantial supplemental funding source is made available to the County. .All eleven Projects were identified by the Report as among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. The County has a current and immediate need to construct improvements on the list of Projects in order to handle or divert traffic from existing congested roads,enhance road safety,reduce idling time and delay, and reduce emissions generated by vehicles. The congested condition of some of the County's existing roads will be significantly exacerbated by new development,creating a condition dangerous to public health and safety through increased vehicle emissions,unless increased funding for regional transportation improvements is promptly made available. Maximizing emission reductions is necessary to help protect the health and safety of County residents. The congested condition of some of the County's existing roads will be significantly exacerbated by new development,creating a condition dangerous to public health and safety by delaying law enforcement,fire,and paramedic emergency response times, unless increased funding for regional transportation improvements is promptly made available. The congested condition of some of the County's existing roads will be significantly exacerbated by new development, compromising public welfare by forcing motorists to endure long, costly delays while commuting to and from school,work, local services,and other destinations,unless increased funding for regional transportation improvements is Ordinance No.2006-20 Page-4- promptly made available. In 2002, the average motorist spent 73 additional hours traveling due to congestion at a cost of$1,516 per traveler(delay cost of$21/hour), according to the "2005 Urban Mobility Report"published by the Texas Transportation Institute (May 2005). Construction of additional BART access and parking improvements will improve public health and safety by reducing the frequency of automobile accidents and maximizing . emission reductions as some new residents and employees elect to commute using mass transit, which experiences fewer commuter vehicle accidents and produces less air emissions per rider than single-occupant automobiles. Prompt, additional funding is necessary to allow construction at the earliest time. Revenues received from regional transportation fees imposed by other Parties and transmitted to WCCTAC also are not sufficient at the current rates to meet the funding needs for the 11 Projects. A number of new residential developments are currently in the planning stage. If development is allowed to occur without promptly increasing the fee intended to fund infrastructure needs to mitigate regional transportation impacts from new development, the circulation system will further degrade without a source of critical funding to implement those improvements. The adoption of the fee on an interim basis is necessary to protect the public health, welfare, and safety, by assuring the earliest practical construction of the Projects. SECTION IX. REPORTING REQUIREMENTS A. Within 180 days after the last day of each fiscal year,the Public Works Director or his designee shall make available to the public a report regarding the account or fund established for receipt of deposits of the fees collected by the County pursuant to this ordinance. The report shall be reviewed by the Board at a regularly scheduled meeting in accordance with Government Code section 66006. The report shall contain the following information for the fiscal year: (1) A brief description of the type of fee in the account or fund. (2) The amount of the fee. - (3) The beginning and ending balance of the account or fund. (4) The amount of the fees collected and the interest earned. (5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (6) An identification of an approximate date by which the construction of the public improvement will commence if the Board determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete. Ordinance No. 2006-20 Page -5- (7) A description of each interfund transfer or loan from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (8) The amount of refunds made pursuant to Government Code section 66001(e) and any allocations pursuant to Government Code section 66001(f). B. For the fifth fiscal year,following the first deposit'into the fund established for receipt of deposits of the fees collected pursuant to this ordinance, and every five years thereafter, the Board shall make all of the following findings with respect to that portion of the or fund remaining unexpended,whether committed or uncommitted,pursuant to Government Code section 66001: (1) Identify the purpose to which the fee is to be put. (2) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. (3) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in the Report. (4) Designate the approximate dates on which the funding referred to in paragraph (3) is expected to be deposited into the appropriate account or fund. SECTION X. SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Board declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION XI. JUDICIAL REVIEW. Any judicial action or proceeding to attack, review, set aside, void, or annul the fees established by this ordinance shall be commenced within one hundred twenty(120) days of the effective date of this ordinance. SECTION XII. DECLARATION OF URGENCY. This ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public safety, health, and welfare of the County, and it shall take effect immediately upon its adoption. The facts constituting the urgency of this ordinance's adoption are set forth in Section VIII. SECTION XIII. EFFECTIVE AND TERMINATION DATES. A. This ordinance shall take effect immediately upon passage by four-fifths vote of the Board and shall continue in effect for a period of 30 days, pursuant to Government Code section 66017, subdivision (b),but shall not become operative until the Public Works Department files a statement with the Clerk of the Board certifying that similar fees have been adopted by the Cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo. "Ordinance No. 2006-20 Page -6- B. Within 15 days of passage, this ordinance shall be published once, with the names of the supervisors voting for and against it,in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED and ADOPTED on 0a ( FZ , 2006,by the following vote: AYES: UILKEMA,PIEPHO DeSAULNIER,GLOVER,and GIOIA NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administratord Chair IQ By:_ _ Duty \j Publication Date: © ©(� LW/ " H:\FinaI\PMWCCTAC.STMP.URGENCY.ORD.6.28.06.wpd Ordinance No. 2006-20 Page-7- EXHIBIT"A" LEGAL DESCRIPTION OF WEST CONTRA COSTA SUBREGIONAL TRANSPORTATION MITIGATION FEE AREA Ordinance No. 2005-20 Page -8- WCCTAC Boundary Legal Description EXHIBIT "A" Real property in Contra Costa County, California described as follows: Beginning at the most south easterly comer of the 18.04 acre parcel of land shown on the Record of Survey filed December 22, 1931 in'Book 2 of Licensed Surveyor Maps at page 5, thence from said Point of Beginning south 66"11`00"west 125.15 feet to the northeasterly line of the Southern Pacific Railroad night of way; thence southerly.to the southwesterly line of said railroad right of way to an 1/2"iron pipe and tags L.S. 3489 as shown on the Record of Survey.filed April 10, 1990 in Book 93 of Licensed Surveyors Maps at page 32; thence south 4302643"west 341 feet more or less to the westerly right of way line of Carquinez Scenic Drive (formerly Pomona Avenue); thence along said right of way line in a general southerly direction 555 feet more or less to the easterly boundary of the parcel of land granted to Hook Recorded December 19, 1993 in Book 18288 of Official Records at page 889;thence along said boundary in a general southerly and southeasterly direction 1771 feet more or less to the southeasterly comer of said Hook parcel (18288 OR 889); thence along the south line of said parcel and its westerly prolongation,west 4050 feet more or less to the easterly right of way line of McEwen Road; thence westerly 50 feet more or less to the westerly right of way line;thence continuing westerly 4250 feet more or less to the northwest comer if the parcel of land granted to Brenkle Enterprises recorded December 13, 1990 in Book 16298 of Official Records at page 223; said point is on the easterly right of way line of Cummings Skyway; thence along said easterly right of way, southerly and southeasterly 3301 feet more or less to the northerly right of way line of the John Muir Parkway (Highway 4); thence in a general southerly direction 1070 feet more or less to the northerly boundary of the parcel of land shown on the Record of Survey lot line Adjustment 64-88 filed February 15, 1989. in Book 90 of Licensed Surveyors Maps at page 16; thence along said northerly line and its northwesterly prolongation north 78"31'05"west 800 feet more or less to the southeasterly right of way line of Franklin Canyon Road; thence along said right of way line in a southwesterly direction 5200 feet to the westerly .comer of parcel"B"as shown on the Minor Subdivision MS 98-70 filed October 9, 1970 in Book 14 of Parol Maps at page 24, said point is on the easterly right of way line of the Atchison Topeka and Santa Fe Railroad right of way; thence southwesterly to the westerly right of way line of said railroad;thence along said westerly right of way line in a general southerly direction 5400 feet more or less; thence leaving said westerly right of way line south 45*east 2300 feet; thence along the westerty boundary of the 137.40 acre and 98.59 acre parcels south 0°20'20"east 2621.20 feet to the southwest comer of the 98.59 acre parcel as shown on the Record of Survey filed May 29, 1953 in Book 15 of Uoensed Surveyors Maps at page 44; thence along the southerly boundary (15 LSM 44) line south 87"5020"east 2680.05 feet to the southeasterly comer of said 98.59 acre parcel (15 LSM 44); thence along the west boundary Part F Rancho El Pinole south 0054" west 1837 feet as shown on the Record of Survey filed October 20, 1937 in Book 4 of Licensed Surveyors Maps at page 26;thence continuing southerly along said west boundary 1600 feet more or less to point PR 26 on the boundary of that parcel of land granted to Soehngen recorded February 22„ 1980 in Book 9741 of Official Records at page 584; thence along said boundary easterly 600 feet to the westerly right of way line of Ferndale Road; thence along said right of way 1 line southeasterly 1150 feet more or less to the northeasterly boundary of Parcel `A' of minor subdivision MS 81-78 filed July 11, 1979 in Book 78 of Parcel Maps at page 45; thence south T5°58'05"west 1071.26 feet; thence south 30°i9"west 282.28 feet; thence south 24°21'06"east 1165.5 feet to the southwesterly comer of Parcel B (78 PM 45); thence leaving Parcel B (78 PM 45) southwesterly 6687.79 feet along the general southeasterly boundary of Parcel B to its most southerly comer as shown on minor subdivision MS 8-87 filed June 25, 1993 in Book 162 of Parcel Maps at page 25; thence southwesterly 1719.2 feet more or less along the northwesterly boundary of Pard°A"to the most westerly comer of parcel A as shown on minor subdivision MS 18-91 filed December.29, 1992 in Book 160 of Parcel Maps at page 33; thence along the boundary of minor subdivision MS 244-77 filed September 11, 1979 in Book 80 of Parcel Maps at page 35 the following courses (1) south 1°26'29"west 1058.16 feet, (2) south 87°18'30"west 2133.27 feet (3) north 89`21'12"west 4888 feet more or less to the southwesterly comer of Parcel OK.(80 PM 35); thence southerly, southwesterly, southeasterly 10454 feet more or less along the boundary of Tract No. 27 as shown on the map of the Rancho El Sobrante to the most easterly point of Tract No. 26 (Rancho El Sobrante); thence southwesterly along the southeasterly line of said Tract No. 26 and its southwesterly prolongation to the northeasterly right of way line of San Pablo Dam Road;thence southeasterly along said right of way line to the southeasterly boundary of Speafic Tract D (Rancho EI Sobrante); thence south 47°50' west to the southerly comer of said Specific Tract D; thence along the southwest boundary line of Specific Tract D north 42'39' west 2253.9 feet and north 30°00'west 1511.4 feet more or less to the northerly comer of Lot 62(Rancho El Sobrante); thence south 44°58' west along the northwesterly line of said Lot 62 to the Alameda/Contra Costa County boundary line; thence along the Contra Costa County boundary line in a general westerly, northwesterly, northerly, northeasterly and easterly direction to a point on the County boundary line which is perpendicular to the Point of Beginning; thence along said perpendicular line to the Point of Beginning. RZ:jlg g:We6ca Aexhibits\RSLotlin.t3 April 1, 1997 2 ORDINANCE NO. 2006-21 (Adoption of Revised West Contra Costa Subregional Transportation Mitigation Fees) The Board of Supervisors of Contra Costa County ordains as follows: SECTION L SUMMARY. This ordinance provides for the adoption of revised transportation mitigation fees for subregional transportation improvements within the West Contra Costa Subregional Transportation Mitigation Fee Area. This ordinance is enacted as part of the Subregional Transportation Mitigation Program ("STMT") approved by the West Contra Costa Transportation Advisory Committee ("WCCTAC") and its member agencies (Cities of El Cerrito,Hercules, Pinole, Richmond and San Pablo; Contra Costa County; AC Transit; and BART)pursuant to Measure C, the Contra Costa County half-cent sales tax measure adopted in 1988. SECTION II. AUTHORITY. This ordinance is enacted,in part,pursuant to the Mitigation Fee Act(Gov. Code, § 66000 et seq.) and Article 11, Section 7 of the California Constitution. SECTION III. NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure set forth in Government Code sections 54986 and 66017-18, and all required notices have been properly given and public hearing held. SECTION IV. FEE ADOPTION AND COLLECTION. A. The following fees are hereby adopted to fund the eleven improvement projects ("Projects") described in the 2005 Update of the Subregional Transportation Mitigation Program ("Report")prepared by TJKM Transportation Consultants, on file with the Clerk of the Board, and shall be levied and collected pursuant to the above authorities: West Contra Costa Subregional Transportation Mitigation Fees: Land Use Tyne Fee Amount Single family residential $2,595 per dwelling unit Multi family residential $1,648 per dwelling unit Senior housing. $701 per dwelling unit Hotel $1,964 per room Retail/Commercial $1.82 per square foot Office $3.51 per square foot Industrial $2.45 per square foot Storage facility $0.53 per square foot Church $1.58 per square foot Hospital $4.21 per square foot Other* $3,507 per AM peak hour trip generated Ordinance No. 2006-21 Page -1- * Fees for other uses shall be determined by the County according to information generated by traffic studies, if required by the County, or in accordance with the Institute of Transportation Engineers (ITE)Manual. B. No development shall be exempt from the fee;provided, that any development which, as of the date of this Ordinance, (i)has perfected an exemption pursuant to the vesting tentative map law or(ii)has entered into a development agreement with the County which expressly excludes assessment of additional fees, shall not be subject to the fees required to be imposed hereby. C. A project that replaces an existing structure or development is subject to the fee only to the extent that it would generate more peak hour vehicle trips than the existing development. D. The fees specified herein shall be made a condition of approval of all tentative and final subdivision maps. Except as provided above in subsection B, the fees shall be collected prior to the issuance of any building permit. E. The fees specified herein shall be collected for all projects in the area described in Section VI below. F. Fees paid pursuant to this ordinance shall be remitted on a quarterly basis to the City of San Pablo Finance Department,to be placed in a fund to be used solely for the purposes described in this ordinance. Any interest accumulated on such funds shall also be used only for the purposes specified in this ordinance. SECTION V. FEE REDUCTION AND CREDIT. A. A developer may request a reduction in fees through the County if it is determined that the project will generate a lower number of trips than data provided by the ITE Manual that was used as the basis for the Report. Any such fee reduction would be based on a traffic study which determines that the traffic impacts of the proposed development would generate fees that are less than the fees that are set forth in Section N.A. above. The methodology for conducting the study shall be developed and approved by WCCTAC. The County shall determine the appropriate fee reduction based upon the proportionate reduction in trips demonstrated in the traffic study. B. A developer may receive credit against fees for the dedication of land for right-of-way and/or construction of any portion of the Projects, where such right-of-way or construction is beyond that which would otherwise be required for approval of the proposed development. The calculation of the amount of credit against fees for such dedications or improvements shall be based on a determination by the County that such credits are, in fact, exclusive of the dedications, setbacks, improvements, and/or traffic mitigation measures which are required by local ordinance, standards, or other practice. Ordinance No. 2006-21 Page -2- In addition,the credit shall be calculated based upon the actual cost of construction of improvements or,in the case of land dedication, on an independent appraisal approved by the County. SECTION V1. FEE AREA. The fees set forth in this ordinance shall apply to all property within the West Contra Costa Subregional Transportation Mitigation Fee Area, as described.in Exhibit A attached hereto. SECTION V11. PURPOSE AND USE OF-FEES; FINDINGS. A. The purpose of the fees described in this ordinance is to generate funds to finance certain transportation improvement in the West Contra Costa Subregional Transportation Mitigation Fee Area. The fees will be used to finance the Projects listed in the Report. As discussed in more detail in said Report,there is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic in the West County area,thus creating a need to expand, extend or improve existing transportation facilities and a need to construct new transportation facilities to mitigate adverse traffic and infrastructure impacts that would'otherwise result from such development projects. B. The fees will be used to pay,for the administration,planning,environmental documentation,design,right-of-way acquisition,and construction of the Projects described in the Report. C. The nexus findings,in conformance with Government Code Section 66000 et seq., contained in the Report,are incorporated herein by reference. D. The Board determines that the adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act("CEQA")pursuant to Section 2 1 080(b)(8)of the Public Resources Code and Section 15273(a)(4)of the CEQA Guidelines because the fees,collected from this action will be used for regional transportation infrastructure necessary to maintain an acceptable level of service within existing service areas. The,Board further finds that the adoption of the automatic change in the STMP fees annually in accordance with changes in the Engineering News Record Index is also statutorily exempt under Section 15273(a)(4)of the California Environmental Quality Act because the amount of any increase is precisely determinable based on the published change of the Index and relates solely to the increase of construction costs for the previously identified Projects. SECTION VIII. REPORTING REQUIREMENTS A. Within 180 days after the last day of each fiscal year,the Public Works Director or his designee shall make available to the public a report regarding the account or fund established for receipt of d eposits of the fees collected by the County pursuant to this Ordinance No.2006-21 Page-3- ordinance. The report shall be reviewed by the Board at a regularly scheduled meeting in accordance with Government Code section 66006. The report shall contain the following information for the fiscal year: . (1) A brief description of the type of fee in the account or fund. (2) The amount of the fee. (3) The beginning and ending balance of the account or fiord. (4) The amount of the fees collected and the interest earned. (5) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. (6) An identification of an approximate date by which the construction of the public improvement will commence if the Board determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete. (7) A description of each interfarid transfer or loan from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. (8) The amount of refunds made pursuant to Government Code section 66001(e)and any allocations pursuant to Government Code section 66001(f). B. For the fifth fiscal year following the first deposit into the fund established for receipt of deposits of the fees collected pursuant to this ordinance, and every five years thereafter, the Board shall make all of the following findings with respect to that portion of the or fund remaining unexpended,whether committed or uncommitted,pursuant to Government Code section 66001: (1) Identify the purpose to which the fee is to be put. (2) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged. (3) Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements identified in the Report. (4) Designate the approximate dates on which the funding referred to in paragraph(3) is expected to be deposited into the appropriate account or fund. SECTION IX. ANNUAL FEE ADJUSTMENT. On July 1, 2007, and on July I of each year thereafter, the amount of the fees set forth in Section IVA shall be increased or decreased based on the percentage change in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the 12-month period ending with the June index of the same calendar year. SECTION X. JUDICIAL REVIEW. Any judicial action or proceeding to attack, review, set aside, void, or annul the fees established by this ordinance shall be commenced within one hundred twenty(120) days of the effective date of this ordinance. Any action to Ordinance No. 2006-21 Page -4- attack. an increase adopted pursuant to Section IX shall be commenced within one hundred twenty(120) days of the effective date of the increase. SECTION X.I. 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 XU. EFFECTIVE AND TERMINATION DATES. A. This ordinance shall take effect 60 days after passage but shall not become operative until the Public Works Department files a statement with the Clerk of the Board certifying that similar fees have been adopted by the Cities of El Cerrito,Hercules,Pinole, Richmond and San Pablo. B. Within 15 days of passage, this ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. C. This ordinance shall terminate on December 31,2036, unless subsequently extended by the Board of Supervisors. PASSED and ADOPTED on 1� 2006, by the following vote: AYES: ULKEMA,PIEPHO DeSAULNIER GLOVER and GIOIA NOES: None ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator B *(rChair D putt' Publication Date: C)V--Qz- LW/ H:\Draft\PNV\WCCTAC.STMP.ORD.6.8.06.wpd Ordinance No. 2006-21 Page -5- EXHIBIT "A" LEGAL DESCRIPTION OF WEST CONTRA COSTA SUBREGIONAL TRANSPORTATION MITIGATION FEE AREA Ordinance No. 2006-21 Page -6- s WCCTAC Boundary Legal Description EXHIBIT "A" Real property in Contra Costa County; California described as follows: Beginning at the most south easterly comer of the 18.04 ace parcel of land shown on the Record of Survey filed December 22, 1931 in Book 2 of Licensed Surveyor Maps at page 5; thence from said Point of Beginning south 66*11'00"west 125.15 feet to the northeasterly line of the Southern Pacific Railroad right of way; thence southerly to the southwesterly line of said railroad right of way to an 1/2"iron pipe and tags L.S. 3489 as shown on the Record of Survey filed April 10, 1990 in Book 93 of Licensed Surveyors Maps.at page 32; thence south 43°2643"west 341 feet more or less to the westerly right of way line of.Carquinez Scenic Drive (formedy Pomona Avenue); thence along said right of way line in a general southerly direction 555 feet more or less to the easterly boundary of the parcel of land granted to Hook Recorded December 19, 1893 in Book 18288 of Official Records at page 889; thence along said boundary in a general southerly and southeasterly direction 1771 feet more or less to the,southeasterly comer of said Hook parcel (18288 OR 889); thence along the south line of said parcel and its westerly prolongation,west 4050 feet more or less to the easterly right of way line of McEwen Road; thence westerly 50 feet more or less to the westerly right of way line,thence continuing westerly 4250 feet more or less to the northwest comer if the parcel of land granted to Brenkle Enterprises recorded December 13, 1990 in Book 16298 of Official Records at page 223; said point is on the easterly right of way line of Cummings Skyway; thence along said easterly right of way, southerly and southeasterly 3301 feet more or less to the northerly right of way line of the John Muir Parkway (Highway 4); thence in a general southerly direction 1070 feet more or less to the northerly boundary of the parcel of land shown on the Record of Survey lot line Adjustment 64-88 filed February 15, 1989 in Book 90 of Licensed Surveyors Maps at page 16; thence along said northerly line and its northwesterly prolongation north 7831'05"west 800 feet more or less to the southeasterly right of way line of Franklin Canyon Road; thence along said right of way line in a southwesterly direction 5200 feet to the westerly comer of parcel'B"as shown on the Minor Subdivision MS 98-70 filed October 9, 1970 in Book 14 of Parcel Maps at page 24, said point is on the easterly right of way line of the Atchison Topeka and Santa Fe Railroad right of way; thence southwesterly to the westerly right of way line of said railroad;thence along said westerly right of way line in a general southerly direction 5400 feet more or less; thence leaving said westerly Aght of way line south 45°east 2300 feet; thence along the westerly boundary of the 137.40 acre and 98.59 acre parcels south 0°2020"east 2621.20 feet to the southwest comer of the 96.59 acre parcel as shown on the Record of Survey filed May 29, 1953 in Book 15 of Licensed Surveyors Maps at page 44; thence along the southerly boundary (15 LSM 44) line south 87°50'20"east 2680.05 feet to the southeasterly comer of said 98.59 acre parcel (15 LSM 44); thence along the west boundary Part F Rancho El Pinole south 0054" west 1837 feet as shown on the Record of Survey filed October 20, 1937 in Book 4 of Licensed Surveyors Maps at page 26;thence continuing southerly along said west boundary 1600 feet more or less to point PR 26 on the boundary of that parcel of land granted to Soehngen recorded February 22, 1980 in Book 9741 of Official Records at page 584; thence along said boundary easterly 600 feet to the westerly right of way line of Ferndale Road; thence along said right of way 1 line southeasterly 1150 feet more or less to the northeasterly boundary of Parcel 'A' of minor subdivision MS 81-78 filed July 11, 1979 in Book 78 of Parcel Maps at page 45; thence south 75°58'05" west 1071.26 feet; thence south 30"19"west 282.28 feet; thence south 24°21'06"east 1165.5 feet to the southwesterly comer of Parcel B (78 PM 45); thence leaving Parcel B (78 PM 45) southwesterly 6687.79 feet along the general southeasterly boundary of Parcel B to its most southerly comer as shown on minor subdivision MS 8-87 fled June 25, 1993 in Book 162 of Parcel Maps at page 25; thence southwesterly 1719.2 feet more or less along the northwesterly boundary of Parcel O'A'to the most westerly comer of parcel R as shown on minor subdivision MS 18-91 filed December 29, 1992 in Book 160 of Parcel Maps at page 33; thence along the boundary of minor subdivision MS 244-77 filed September 1 i,A 979 in Book 80 of Parcel Maps at page 35 the following courses (1) south 1°2629"west 1058.16 feet, (2) south 87°18'30" west 2133.27 feet (3) north 89°21'12"west 4888 feet more or less to the southwesterly comer of Parcel `A" (80 PM 35); thence southerly, southwesterly, southeasterly 10454 feet more or less along the boundary of Tract No. 27 as shown on the map of the Rancho EI Sobrante to the most easterly point of Tract No. 26 (Rancho EI Sobrante); thence southwesterly along the southeasterly line of said Tract No. 26 and its southwesterly prolongation to the northeasterly right of way line of San Pablo Dam Road;thence southeasterly along said right of way line to the southeasterly boundary of Specific Tract D(Rancho El Sobrante); thence south 47°50' west to the southerly comer of said Specific Tract D; thence along the southwest, boundary line of Specific Tract D north 42°39' west 2253.9 feet and north 30°00'west 1511.4 feet more or less to the northerly comer of Lot 62 (Rancho El Sobrante);thence south 44"58'west along the northwesterly line of said Lot 62 to the Alameda/Contra Costa County boundary line; thence along the Contra Costa County boundary line in a general westerly, northwesterly, northerly, northeasterly and easterly direction to a point on the County boundary line which is perpendicular to the Point of Beginning; thence along said perpendicular line to the Point Of Beginning. RZ:jlg g:lciericailexhibits\R S Lottin.t3 April 1, 1997 2 PROOF OF PUBLICATION (2015.5 C.C.P.) ���io STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the /(l County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands (Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa,. State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: June 30, all in the year of 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Exe ted at Wa'Inut Creek, Calif 0 is 3 d of July, 2006 .......................,..........,.............................. ... ............. Signature Contra Costa Times P 0 Box 4147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) Oliva (THE COUNTY OF related to,this pcoposai in NOTICE Of PUBLIC SALE' NOTICE QF PUBLIC SALE NOTICE ur rwo- ._. ONTRA COSTA court you may be limited Pursuant to the,Cait omla Pursuant to the'California Pursuant:to the California 7th DaY of July zuw. to raising only.those is- Self-Service.Storage Fa- Self-Service Storage Fa- Self-Service .storage, Fa- `Orangeco;,Inc.,70196 , sues you or someone else ciiih Act;: (S&P Code dilly Act„ (B&P Code dill ty ,Act, (B&P Code ern Avenue Glendale,CA , raised at the public hear 2170% at. seq the un- 23700 et. seq.), the un- 21700 et seq.),theunder- 9120L (1#18) 244'-8080, , 14 Ing described in this no ��{ersigned will sett at pub- dersigned will sell at pub- signed will sell at public Bond X70.6557672. <' 7 tied 'or in written corre• lie auction, on July:.13. i[c auction, on July 14, auction, on iuty i 2006, Legal CCT 6082 spondence.,delivered at, 2006, persanai roperty 2006, personal Property ppersonal property inciud- Publish June 30, July 7, Cd$eNQ.PU600914 or prior to,' {{�e public Including but no limited including but.not-limited i but not limited to fur- 2006 t 3 hearing. Ifiyou have.writ- to ' fumlture, ClathIn0, to. furniture, clothing, n�ture; clothing, , tools 010ETO ten comments that you toots and/or other house= tools and/or Other house- and/or. other household Legal NOtIC@ ��ryry l{,', pp��1""�p�1�,1� wish to sut}mit, please hold items iodated at:. hold items located at: Items located at: (r1�00te 4UUC_.73 Y�TN deliver them to the City - - - t Clerk on or L before the pubac Storage 22307 Public Storage 23214 Public Storage 2150!1 ,is hereby ilvin date of the public hear- IN&Buchanan Cirds P�fornia Ave. 601 Sunset Drive NOTICE OF . TRUSTEES ditors an con- Ing. (Pacheco,CA 54553 ( CA 94665 (Antioch,CA 94609 SALE TS No, + creditors.of.the pocsimentation support- =i 1T 09 AM Tinw.11*0 AM Tt�s�71�AM PMI NO.:YOU7ARE IN DE DE- ad decedent Ing the proposed resolu- FAULT UNDER A DEED OF t,persons having on w111 be available for Stored by the following Stored by the following Stored by the following TRUST,`DATED:06/29/2006 (against.the dace- public review,at.teast ten PPerson(s): person(s); q Ire,required Co me ays prior to the public 0070 BARBARA ROBINSON A036 ntAUTIVANIA ASOAU TION TO PROTECT EYOUR ; with the Contra hearing,. at the City P003 KRI5TIE SMITH C077 DAVID F BROWN D099 STEVEN VINCAK PROPERTY IT MAY BE , Coun Superior Clerks :Office, 3675 Mt 5012 JEFFREY BARNES A052 TAFFY HENRY.;G005 STEPHANIE ENGE SOLD AT b PUBLIC SALE: Probate. Depart- 725 Court Street, Diablo Blvd.,,#210,Lafay 0050 ARIEL ZUNIGA A082 ANDREW MODELO C016 ROBERT HENDERSON IF YOU NEED AN EXPLAN- r California ette California, 94549, K019 MICHAEL THORNTON C107 ELIZABETH FINLEY A037 BETTY CAMACHO ATION OF THE NATURE OF slid matt,or,deliver (925)284.196& H016 C041 MICHELLE STAMPS D043 TOD J SALVADOR THE PROCEEDING ` to EDWARD G:tif- CATHERINE CUMMiNGS C034 CAPRELE BOLDEN AGAINST YOU' YbU ' as trustee of the• June 23,30 X051 BONNIE VALENCIA A134 SIMEON RICAFRENTE At sates are subject to SHOULD CONTACT A LAW- C ' M. Lieberman CCT e6erman Lega0037 SHERRY CATLETT pr or cancellation.Terms, YER.On 07/20/2006 at 1:30 ' ;s Trust created PubllshJune23,:k 2006 M012 WENDELLJONES AI( sales are subject to rules and regulations are P.M. LOANSTAR MORT- + the .Lieberman NOTICE OF P or cancellation.Terms, available at sale. Dated GAVE SERVICES; L,L.O:; + i ted gyNovember 16, puguC L}EN SALE All sales are subject.to ru es and regulations are this 30th y of June and and as duty,appointed Trust- 25 i20M restated on Business&Professional rules and regulationsr re available sale. Jin a and Oar ngeco, r' is peed oaf Trusturecorded.,, { bedent was the Code Sec.21700-21707 available_ at sate. Dated 7th Day of Jury 2006,b PS ern Avenue,Glendale CA 07/06/2005,as instrument, ;'. d/O Michael L. gg rnI this 30th Dox of June and Orangeco, Inc.,701 Wyest= 91201, (818) 244-g080, No. .2p00g5-0247373.00, :In tz, Esq'.;. Farella that the underseggnacl.twiif Rgaecot Ind 270-West 912-Avenue, 818)ten244 . Leand GCT i cords In the officecaf n,e;;; Martel LLP,,;.235 sell at pubNc.auctIon ur em Avenue,Glendale,CA Bond No.5557632. Publish`June 30,,July 7, County Recorder.of Con- �met ranc suant to Division a81 Chap, 91201 (518) 244.5080, Le aI CCT 6088 2006 tra''iiCosta County,State or.' 94104, within:the ter iness and Professions LOeon CCT X132 2006tsh June 30, July 7: NOTICE OF PUBLIC SALE R Bert l Hendersons-by:" ' four months after Code.:commencingg� with Publish June 30, July 7, Bobbi M Henderson,Hus-"' 2006,or,if notice Seckton 21700.the follow- 2006 NOTICEOFPUBEJCSALE peulrsuant to the California band.and Wife aspp Joint'"" �a to you, o°gays sonaimisropertyus't wit 'NOTICEOFPUBLICSALE Sellf-Serrvvice Storage Fa- ci}ttf-ySeAct, (s&P Cofde auncton tQihlsgriest bldd e date tis notice identified by tenantname pursuant to the California citiftyy Act (B&p Cade 21700 et se ),the under- for cash,-dashier's..check�+ led or personally. and storage unit numtler. Self-Service Storage Fa- 2170D'et seq.);the under- signed Willett at public /cash equivalent or other" d t yyou.A claim diitty Act t6&P Gode signed will s%...at public auction, on Jury �iy3,,2006, form of paymegqt.'author Wray be .obtained # Tenant llama x1700 at, seq.), the.un- auction on Jyq,2006 rsonal property.inciud- ized,by 2924htb). (pays.., court',cferk,for dersigned will sell at pub- personai`propertq fnCSud- rre but not illn{ted to fur bid at.[me of sale}n.iaw�n+ rot d to L. you are 4465: Diane Pansigraa !ic:auction,.an July 13, r but not limited to tur noure, clothlrtg, tools fol:money of the United,, gad to Elie your 4676 Michael Romero Z2006 personal property niture, ciothtng, tools and/or other. household States) At; the COurt,,, b `certified mall, 4516 Richard S.Crum ineluBIng but not limited and/or,.other household_ items located at: street. Entrance,.to :them,; dreWm receipt re- to• furniture; ofothing, Items located at; County Courthouse, :725 , The sale will.be by corn. tools and/or other house- Public Storage on" Court Street, Martinez 619/06 IOp1eettitive ,bidding, on the hold items located at Pubec Star&SO x37it9 go,MwW=Drive CA:Alf right,Ytiitle and IP"' !ward G.Lieberman, 120 do eiock,A oon the iPlibBs setorage rig,CAia9 fi68I ( 5y 33g ig nowsheld by it under and"' CCT 6021 Trustee premises where - ,said 2950 Monument ( 432.3550 Times 9130 AM Deed of Trust in the proo ' h June 30,July 5,15, Property is stored and Concord,CA 9462EI Times 1100 PM arty situated in <W, '' which is located at 1326 925)671 Stored by the following County and State descri VM CrerekpCountv)e of,Contra 1t00 t�i- person(s)y the following piarso29 MARSHA THOMPSON scrbec!in as more fu}ty de = NO�A� Costa,State dd of Caf}forn}a. Stored by. the following 80337 ENREST SLYE111 tioned 'Deed,of a Trust � IIBUC HFARiNO right to ib1d at thn sale C00I Vit2GiNWK ZAPPAS 2128 JACK THOMAS MI DT 1028'DEIBORAH NARCF street 252-"0-W2.5.' d rens and other, C NOTICE IS HEREBY Purchases,must be:made W03 JACARE PALMER 4182 JANET WILSON 1030 ROSS GRIMES. common designation, I that the City Coun• with cash and paid for at 0324 WALTER DAVIS 2192 MICHAEL COKER any, of the real property.,, the City,of Lafa the time pf purchase. At A151 2091. JANICE SMITH All sales:are subJect to described ;above is property,, ,, t Its regular mei= Purchased goods are sola KIMBERLY CAMACHO prior cancellation.,Terms, ported to. be: 851;,,, Ibe hek?cn luty 10; as is" and must,be re- 8140 All sales are subject;to rules and regulations are. Acatanes Road Lafayette J at 700 p:mdis inmu ItY moved at time'of..,sale, MICHAEL:RODRIGUEZ °prior.cancellation.Terms, available:atns Aree sale. Dated CalI mia 44549."The'un `' CCoa event ThlsLssle ofisettlbementobhe• Ai7sales e7subtct to this3ogt and at�XofJane.and Oran this 30th in 701Yvest aitYmn y f bftoyf der ittMarsYuan}ta.Room, of June and de Igh T or. :cancellation. in a aarr vailableppat sale. Dated ' e;MCA�Ifornip, wll tween landlord and obit- pr or.cancellattOn. �rms, Tth Day of_ify:2nfl,b sPS ern Aven Glendale CA street address and other°' s Public hoadne for gated Party. available a gsaale4 Dair d errnnAgva ue�dG'fendaie eCA Bond No.6(esifi)32? anYm shownehercln ons`aid j Ilowtng: Price self Storage this 30th DA Iv June And 91201 (818). 244># . Legal CCT 6086 sate will be made, -butte molution of the City pu�lish June 23,30,2006 pS Granger o ry.}n T01 tea$ i C 6092 Publish June 30,,July 7+ ranthy�expressed orVit ,+ dt of the City of La- Western Avenue Glen- pu211sh June 30, July '7, piled regarding title pos.a; e Adapting a SPAe date,CA 91201 (818)244 2006 NOTICE 4f PUBLIC SALE session, or encumtaran �., °reel sax for Pollee 8080,Bond No.13857632: Pursuant to the California: ces to pay.the remaining,, as. The La at CCT 6090 Self Service Storage Fa• :principal sum of .t , Pu fish June 30, July 7. cility Act (8&P Coda illi be a public hear• 00 notes} secured by s BIGGEST 2006 217 et.seq.),the under- Deed of Trust,with dint ' ld you are invited to signed,will.sell at public ! and corn ant on Job board auction;on Ju ��q4,2m; in said notes) dvanic roposed adt�on de- AD DEBUT rsonal property lnciud• b above Pursuant 91.00 PE p,LINE pe under the terms of sird ' coon 650Q9tb)t2) of, In The East Bay with pslrchase E Fn-g but not 11 ]led td fur- Deed of Trust, fees ov11 ant Code tf CLASSIFIED= your regularad n re, clothing,:.tools chat es and.expenses"ol '' hatlenga any action i fR@}11Ut�dt l f2}43t RESULTS and/o other household the rusted:.and of.the--+ Items�ocated at trusts created by sak*' PURL CCbkTWQR Deed t of a 'The total + 2Al o cStar 66M a amount of the unThd tbai QSTA COUNT1( 4e� t 94x66 cured by e,obproperiyS o KS DEPARTMENT �) -9375 be sold and,reasonable,, 255-GLACIER DRIVE > estimated casts, exens,„ as and advances at:'the MARTINEZ,GA 94558 Sired by the following time of the4nitfai pubiica „ person(s): tion of the Notice of Sale is $1,003,845.31.'The ben•" NOTICE OF PUBLICRI HEA [+G ANQ AVAILABILITY OF DATA: CO23_ KARLA ESCOBAR eftdary under said Deed'' C045 EARNEST KNIGHT .of Trust. eretofore axe'" (Ordinance for the West Contra Costa Transportation Advisory Committee Fee Program) 0004 CASTE KATUSICH cuted,an delivered td J051 tURUNE MORRISON. the unders fined a written°," Board of.Supervisors will hold a public hearing on Ju 18, 2006 At:9:30 a.m.In the Board All sales.are subject to Declaration•; of Default p p 9 iY and Demand:for Sale and rribers, County Administration Building; 651 Pine Street; Martinez;CA:to consider Orc(inance prior cancellation.'Terms, a written Notice of,De- rules and.regulations are fault and Election to-Sell. 6.24.for the West Contra Costa Transportation Advisory Committee(WCCTAC)Program Area. available at safe: Dated The undersigred .caused this 30th Day of June and said Notice,ot Default and , s collected.through the West Contra.Costa Transportation Advisory Committee viii be Cotgcted ' Pay, Ju 2006,b PS Election to Sell to°be re I from,new development,within this,,portion of uninco orated Conira-Costa County Orangeco,j Glen 701 est•;corded in; the ,coon p po unincorporated rlty and wf{I'be ern Avenue Glendale CA where the real property s� 3Cted upon the issuance of a building permit. - 91201t. (835) 244 080, located. First American Bond IVo.5567632. Title Insurance.Company „ Le ai CCT 6089 Lao Star Mortgage ole, Richmond, the Contra SanmPablCosta the L Mitigation Program is the result of a Master Cooperative 2006 sh June 3D, Juiy 7, Sera�ces, L,L c.- 3 t ` i WCCTAC g portation Authority, the Cities of El Cerrito, Hercules; Zoo6 American Way Santa Ana, County of Contra Costa, and the West Contra Costa NOTICE OF PUBLIC SALE CA 92707 Date: ' ty 06/30/2006. Authorized isportation:Advisory Committee.The WCCTAC will support the list of regional Improvements pursuant to the California 'signature: laic Juarez For= cribed in the West Contra Costa Transportation.AdvisoryCommittee Subre tonal Trans ortatlon se f-Service Storage Fa- Trustee's sate lnforma g p Se Act, (B&P' Code tion Please.call Mortgagee..-.+ motion Fee Program Update(Development Program Report). 2171 at. seq.), the un- Services, Loans L.L.C. omay bey dersigned will seil at pub Services, L.L.C. may be ; i proposed fees for approval by the Board of Supervisors are: !tc auction, on'July 13. acting as a debt collector; 2006, personal prly M attempting".to collect,a lncludtrg`but not Itmlted rty debt. An Information,,, Any, „,, .,_ _.,e ti a• Obtained wilt be used for , Multi FaWllp-Resldential $1,648,per ominng.unn Senior Housing '$701 per dwelling unit. Publte Storaga27243 e( I Hote! $1,864 per room f a� Ameiq Industrial Pe I RetaU/Cemmercia! $1.82 per square foot of gross floor area concord,CA, " Office $3.51 per square foot of gross floor area (925)00.1956 AP 1 Industria! $2.45 per square foot of grass floor area TimcnAl 0o AM T4 e Storage Facility, $0.53 per square foot of gives.floor arse° Stored by the following pE Church $1.88 per square foot of.gross floor area. person(s): °un Hospital $4.21 per square foot of gross floor area E125 LOviE PULLEN Ti, Other" $3;607 per AM peak flour trip 1)047. CARLTON JACKSON pF All sales are subject to IF tees for uses not listed'above shall be determined by the sponsor collecting the fee"according to prior cancellation.Terms; Al rmatian generated by appropriate traffic studies,or other means of,determining traffic impacts'as rules and regulations areavailable,at sale. Dated Ti. A( loved by WCCTAC,or in accordance with the Institute of•Tlraffic Engineers(ITE)Manual. this 30th Dal(of June and St Tth Day of July 2006,b PS YF ddition,an administration fee equal 2 percent of the Program revenue Shall be assessed. orangeco, mc „701 rest- RI em Avenue Glendale CA. i with most fee programs,the fee revenue from the WCCTAC s12o1 (aIle),244•s0ea, D, p og program will not pay cost of all, solid ko.b95763z, p, anal improvements.Other funding must be generated,some of which include fees the from Legal CCT 6085 b. Publish June 30, July 7; m sure C and State Transportation Improvement(STIP)Funds. 2006 ri Development Program Report;which Includes a description of the proposed improvement cost NOTICE of PUBLIC SALE n mates and funding mechanism will be available.at the Clerk of the Board. Pursuant to the California P Self-service' Storage, Fa- C" i+ citlittyy Act, (B&P Code. C more information, contact Brian Louts of the County Public Works Department,Transportation 21760 et.;.seq.), the un- ineering division at 313-2245;' dersianed;wnl sell at pub- ii lic auction,;,on.'July 13, reb certify that this Is a true and correct co 2006, personae property b s y. copy an action taken and Entered on the of the Inciudtng but not limited d a rd of Supervisors on the date shown. to furniture, •clothing, t a I tools and/or other house• d holdd Items located at: w ESTED`JUNE 13 2006 Pub, Storage ! ie 245 itookston.Road-_. t "• N CULLEN,Clerk of the Board of Supervisors Pleasant HU4 CA 94523 T ?I.I County Administrator. 0Z)943-6= r me:2:00 PM EMY L.SHARP DEPUTY Stored by "the following Vile ti. - ' " Diie "LESLiEFOLK`' 8323. JASON FLEISCHER C365' 'STEVE CRANE NI5 C181" -—DAVID 4'SCOTr:. "` ����i�;1�a' h All sales are'subject to' , h 4" „ prior cancellation.Terms, , " N pr rules and regulations are �i available .at.sate Dated }. & F this I Day. 20M by 4 PS. oranogrecJo.,..Y•lnc 761 Western Avenue Glen.. dale,CA 91201 (916)244- SM, 816)244- r► .� L I C�N0oa3-57632... xs x 2 Iishr6June'30' 0 July, 7, 005 NOTICE OF PUBLIC SALE rII Pursuant to the California I8. €§, Self-Service Storage'=Fa- Act.¢f t" ci i {9&P Code 217 et the"un-; f dersigned will sell t pub-- S lie auction,;,on Ju�•'13,: 2006; personal_ roperty, a^}a lnciuding but no limited to I furniture... clothing;' no0 x a Po tools and/or other house- Vin e;. hold Items located at W Public Storage 22319 ewli C 441STreat W.& Ja ncovil,CA 94522i,' enp ( ..:x x oil ' n K Stored! by the following W i rpersons) elSWI ANDREA DEGEORGE. D321,,DIANE PANSEGRAU; o3s 0 • Fi fwd A ' 1 .' f+ • Aii sales.are'sub ect':,tc ; .. prior cancellation.terms, s._.a � ;' fliallailia rules':and regulations arc avaitabte at,sale Datec DaY of tllf t�Y of WtY 2Cr�0&�b�P At e _ 1 ` r ;< : Orangeco, Inc.,701 WYesb em Avenue_Glendale CA IMP e r w. 912p6d1 (818 244-lM d� Y SSoga1CCT 6 {; r Publish lune',JO,July.7 ug 2006 lin • mmm NOTICE OF PUBLIC SALE Ins wuaPursuant to th'e Californ6 lEl Self-Service Storage iFe c ,dlrr , T sw cilittyy Act,. (8&P ,cod 21760 et. eq.), the ur dersigned"wili selhat put ic, auction, on-July: 1: 11oN ��+{ �° 1 p "ra � ,'a 2006 personal furfilreot iltthlt�e tohf ols andlar other hour+ a _ hate Items located at+. Public Storage 00401I=Conicord Avenue '. nCord CA 94= 624892 ase �� �s 12,00 PM ` Stored by, the:foilorvlr 30n(s). ypj l ' WILFREDO HERNAN F H319 JENNIFER ST¢FFOR All sales are supojtect roes .1d regulations e a gaLCCT_5992;Publish lune 30,July7,2006 avatlaole at sale. Dat 4