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Home My WebLink AboutRESOLUTIONS - 08061996 - 96-335 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: AUGUST 6, 1996 SUBJECT: Hearing on the Formation of the Southern Contra'Costa (SCC) Fee Areas. Project No. 0676-6P4070; CDD-CP #96-41 RESOLUTION NO. 96/335 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: A. It is recommended that the Board take the following actions: I. ADOPT and APPROVE the Development Program Report pertaining to the formation of the Southern Contra Costa (SCC) Fee Areas. 2. DETERMINE that the project is not subject to the California Environmental Quality Act pursuant to Article 5, Section 15061(b)(3) CEQA guidelines. 3. DIRECT the Director of Community Development to file the Notice of Exemption with the County Clerk. 4. DIRECT the Public Works Director to arrange for payment of the $ 25.00 handling fee to the County Clerk for the filing of the Notice of Exemption. 5. DETERMINE that a majority protest does not exist. 6. INCORPORATE in this resolution by reference the boundaries, costs, and method of fee apportionment set forth in the Development Program Report and the attached ordinance. Continued on Attachment: X SIGNATURE: y�o� _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON �G� /996 APPROVED AS RECOMMENDED�OTHER_ The Public Hearing on the above matter was opened, and no one appearing to speak, the hearing was closed. VOJ.EOF SUPERVISORS ,/ UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: HJB:ML:ds g:\transeng\B06SCCAoB.t8 Orig. Div: Public Works(T/E) Contact: Martin Lysons,Tel.313-2295 cc: M.Shiu, Deputy PW Director I hw*aptly thatMd°h e true and 810W of Community Development �°o'gu k°" anderurs aar County Auditor-Controller X"EsTED: Treasurer-Tax Collector PHIr c c so P.W.Accounting of W4 P.W. Design-Environmental Hearing on the Formation of the Southern Contra Costa (SCC) Fee Areas August 6, 1996 Page 2 I. Recommended Action (Cont.) 7. DIRECT the Director of Public Works and Auditor/Controller to establish the below listed seven trust funds, and that these trust funds shall now be specific for the SCC Fee Areas, and that the Treasurer shall continue the investment of said monies with interest to accrue in the trust fund accounts. Trust Funds Accounts Gale Ranch Dougherty Valley (Shapell Property) Dougherty Valley (Windemere Property) SCC Sub-Regional SCC Regional Windemere (W-1) Camino Tassajara (C-2) 8. DIRECT the Public Works Department and Department of Community Development to review the fee schedule periodically, and to adjust for the effects of inflation as described in the attached ordinance. The adjustment for inflation is not subject to CEQA. 9. DIRECT the Director of Community Development to monitor future amendments to the currently adopted General Plan and their impact on traffic within the SCC Fee Areas, and to report those amendments to the Public Works Director as necessary to facilitate updating of the SCC Fee Areas. 10. DIRECT the Public Works Department and Department of Community Development to comply with CEQA on development applications and road projects to be constructed pursuant to the Development Program Report for the SCC Fee Areas. B. It is recommended that the Board ADOPT the attached ordinance, which forms the SCC Fee Areas, and ordains the following: Traffic Mitigation Fees (Ordinance No. 96 - 26 ) 1 Adopt traffic mitigation fees, as recommended in the Development Program Report. 2. Adjust the fee schedule every year that the Fee Areas are in effect, to account for the affects of inflation. II. Financiallmaact: None. There is no impact to the General Fund. The SCC Fee Area program fully funds all projects in the County. The total estimated cost of the road improvement projects identified in the Program Development Report is approximately $36 million. The proposed fees collected from development within Dougherty Valley is approximately$31 million. The proposed fees collected from development outside of Dougherty Valley is $5 million. In addition, the SCC Fee areas generate an additional $11 million for regional improvement projects (I-680). The total estimated cost of those regional improvement projects is approximately$52 million. Additional sources of funding will be sought in order to complete the funding of those projects. Hearing on the Formation of the Southern Contra Costa (SCC) Fee Areas August 6, 1996 Page 3 III. Reasons for Recommendations and Background: On December 22, 1992, pursuant to Resolution 92/867, the Contra Costa County Board of Supervisors approved the Dougherty Valley Specific Plan which established a framework for a planned community OF 11,000 homes. Also on December 22, 1992, the Board of Supervisors approved an amendment to the General Plan ("GPA")to allow urban uses in the Dougherty Valley, certified the final environmental impact report ("EIR"), and as part of the EIR process, adopted certain "Findings" required under the California Environmental Quality Act ("CEQA') and adopted a mitigation monitoring and reporting program ("MMP"). Because of their concerns about impacts from development in the Dougherty Valley, on January 21, 1993, San Ramon, Danville and the Cities of Walnut Creek and Pleasanton (collectively the "Petitioner Cities") and certain non-governmental organizations including Alamo Improvement Association, Sierra Club, Greenbelt Alliance, Preserve Area Ridgelands Committee, Save Our Hills and Mount Diablo Audubon Association (collectively"Petitioner Non-Governmental Organizations" or "Petitioner NGOs") initiated litigation against the County and the Dougherty Valley Developers, asking the court to set aside the County's December 22, 1992 approvals of the GPA and the Specific Plan, certification of the EIR and adoption of the Findings and the MMP. This litigation ("Lawsuit") is entitled Town of Danville, et. al. V. County of Contra Costa et. al., Case No. C 93-00231 (Contra Costa County Superior Court). Consistent with the requirements of CEQA, a conference to discuss the settlement of the Lawsuit was noticed by the County and held on March 3, 1993. Thereafter, commencing on July 19, 1993, representatives of the County, the Petitioner Cities and the Dougherty Valley Developers have met frequently to establish means by which certain concerns expressed by the Petitioner Cities with respect to development within Dougherty Valley can be addressed. These discussions have resulted in an agreement ("Settlement Agreement") between the County, San Ramon, Danville and the Dougherty Valley Developers on certain principles to govern development in the Dougherty Valley and a process and certain actions by which those principles will be implemented. The Settlement Agreement formalized many of the processes through which development within Dougherty Valley will be governed. The SCC Fee Areas program is one such process as it establishes a series of fees to finance the improvements called for in the Settlement Agreement that are necessary to mitigate the impacts of development within Dougherty Valley. In addition, in 1988, the voters of Contra Costa County passed Measure C, which required Local Agencies to assess a fee on development to fund regional improvements. Besides the Dougherty Valley Fee and SCC Sub-Regional Fee, the SCC JEPA also establishes a fee program to finance regional road improvement projects, estimated to collect in excess of $11 million dollars dedicated solely for regional improvements on 1-680 in Contra Costa County. IV. Consequences of Negative Action: Failure to form the SCC Fee Areas will preclude the County from complying with the provisions of the Settlement Agreement and Measure C. HJB:ML:ds g:4ranseng\B06SCCAoB.T8