HomeMy WebLinkAboutMINUTES - 03262002 - SD4 (2) RECORDING REQUESTED BY: Iiil III III�III II II IIII�I IIT I Iilll I IIII�Ii II IIII
WHEN RECORDED MAIL TO: CONTRA COSTA Co Recorder Office
STEPHEN L. WEIR, Clerk-Recorder
DOC— 2002-0113263-00
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DOCUMENT TITLE
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THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFO
ADDITIONAL RECORDING FEES APPLIES
U3/12/02 TUE 14:16 IFAA. 925 313 2333 CCC PUBLIC WORKS CCSB @002
HEARUNG CONF RMA°I°ION FORM
Hearing Date. March 26,2002 (a),9:00 a.m.
Name ofFerson Phoning to guest Hearing:Mary Halle Phone No.;313-2327
Hearing Date Conhraned With: Gina Martin of Clerk of the Board Staff on: Mareb 1.2,2002 .
Agenda Language(how it will read on the calendar):
Hearing to consider extending urgency Ordinance No. 02-04 and adopt Ordinance 02-a3 for the
East County Transportation Improvement Authority,East County- (Districts 19 and Pg.
1. Anticipated length of the hearing: 3 minutes or less X
or more
2. Is it controversial?
Yes_
No X
:3. Noticing Requirements: NIA
California.Government Genie Section: 6061
4. Publication Requirements: #of times I #of days before hearing 10
4b. Publish in three different newspapen: Contra Costa"rimes,Brentwood Nevus, and
Ledger Dispatch
S. Who is to Publish the Notice? COB _ PWD X
It is the responsibility of the department to provide the appropriate notice. Some roti=are adopwd by
Board Resolution;the publication cannot be ordered unti!the Resolution is adopted by the Beard of
Supervisors.
6. If pasting of notice is required,who will post? NIA
7. If mailing the notice is reqaired,who will provide the clerk with the correct mailing list
and labels? Notification List on file at Clerk of the Bard
6. When will this"fix hearing item'be listed on the Board agcnda as a consent item? Clerk
of the Board will fix date per Gina Martin and County Counsel.
U4/12/UM TUE 14'.17 irAI 926 3115 2333 CCC PUBLIC WORKS COS001
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Costa Public Warks Department PaWrAaFL hftAiPubutwaftMM
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(925)313-2000 Dc"Dkeetar
Julie BUG=
��^ Deputy bittaor
FAX l.11,AMI i11,!"
(925)313-2333
DATE:
DELIVER TO: f # 4
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FROM
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If you have any problems with this tmnsrnittal,please call
MESSAGE; l,
11,3026.3
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 26, 2002
SUBJECT: Extend Urgency Ordinance and Adopt Regular Ordinance and for the East County
Transportation Improvement Area of Benefit. CDD-CP#02-16, Project No.: 0676-2190-
SAS (6P4013)
Resolution No. 2002/194
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. It is recommended that the Board take the following actions:
1. ENACT the attached ordinance extending, for an additional 30 days,the interim fee
measure for the East County Transportation Improvement Area of Benefit adopted
on February 26, 2002 (Ordinance No. 2002-04).
Continued on Attachment: X SIGNATURE: �
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 26, 2002 APPROVED AS RECOMMENDED X OTHER
I hereby certify that this is a true and correct copy of an
VOTE OF SUPERVISORS action taken and entered on the minutes of the Board
AYES: NOES::
�_ UNANIMOUS (ABSENT ) of Supervisors on the date shown.
ABSENT: ABSTAIN:
DSJe ATTESTED: March 26, 2002
G:\TransEng\2002\ECTIA\BO-ECTIAordinance3.doc JOHN SWEETEN, Clerk of the Board of Supervisors
Orig.Div:Public;Works(TE) and County Administrator
Contact: Mary Halle,Tel.313-2327
c: PW Accounting—C.Raynolds 1
PW Eng.Srvs.—T.Torres
PW Trans.Eng.—D.Spoto By Deputy
County Auditor/Controller
County Treasurer/Tax Collector
II'gZ>(;3
SUBJECT: Extend Urgency Ordinance and Adopt Regular Ordinance for the East County
Transportation Improvement Area of Benefit. CDD-CP#02-16, Project No.: 0676-2190-
SAS (6P4013)
DATE: March 26, 2002
PAGE 2
2. APPROVE the East County Transportation Improvement Authority Fee Study
(Development Program Report) pertaining to expanding the program of the
proposed regional transportation improvements and FIND that the improvements
are necessary and desirable within the Area of Benefit.
3. FIND that a majority protest, as defined in County Ordinance Code Section 913-
6.020, does not exist.
4. DETERMINE that the activity is not subject to the California Environmental Quality
Act (CEQA) per General Rule of Applicability (CEQA Guidelines Section
15061(b)(3)).
5. ENACT the attached ordinance adopting permanent fees for the East County
Transportation Improvement Area of Benefit and repealing Ordinance No. 2002-05
previously adopted on February 26, 2002.
6. DIRECT the Director of Community Development to file the Notice of Exemption
with the County Clerk.
7. AUTHORIZE the Public:Works Director/Chief Engineer 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.
8. INCORPORATE in this resolution by reference the boundaries, costs, and method
of fee apportionment set forth in the attached ordinance, and the East County
Transportation I mprovernent Authority Fee Study(Development Program Report)on
file with the Clerk of the Board.
9. DIRECT the Director of Public Works and the Auditor/Controller to establish a trust
fund for the East County Transportation Improvement Area of Benefit fees.
10. DIRECT the Public Works Department and the Department of Community
Development to review the fee schedule every January 1 the Area of Benefit fees
are in effect, and to adjust icor the effects of inflation as described in the attached
ordinance. The adjustment for inflation is not subject to CEQA.
11. DIRECT the Director of Community Development to monitorfuture amendments to
the currently adopted General Plan and their impact on traffic within the East County
Transportation Improvement Area of Benefit, and to report those amendments to
the Public Works Director, as necessary to facilitate updating of the Area of Benefit
fees and to make recommendations to the Board.
ti .3
SUBJECT: Extend Urgency Ordinance for the East County Transportation Improvement Authority Fee
Program. CDD-CP#02-16, Project No.: 0676-2190-SAS (6P4013)
DATE: March 26, 2002
PAGE 3
12. RESOLVE that it is the intention of the Board that the East County Transportation
Improvement Authority aggressively pursue outside funding sources, such as
federal and state monies, to finance the roadway improvement to the maximum
extent possible.
II. Financial lmpact:
The extension of the interim authorization to adopt road fees will result in the collection of potential
fees from new developments to fund regional transportation improvements within the East County
Transportation Improvement Area of Benefit. There will be no impact to the General Fund.
III. Reasons for Recommendations and Background:
On February 26, 2002, the Board of Supervisors approved formation of the East County
Transportation Area of Benefit and enacted two fee ordinances. Ordinance No.2002-05 adopted
permanent fees for the Area of Benefit, with an effective date 60 days after enactment.
Ordinance No. 2002-04., which was an urgency measure, adopted temporary fees for the Area of
Benefit, pending the effective date of Ordinance No. 2002-05.
Government Code Section 66017(b) authorizes up to two 30-day extensions of an urgency
measure. To ensure that the temporary fees remain in effect for the Area of Benefit, Public Works
staff recommends that the Board enact the attached urgency ordinance extending the temporary
fee ordinance (Ordinance No. 2002-04) for an additional 30 days.
Public Works staff has become aware of a potential error with the newspaper advertisement
published for the February 26, 2002 public hearing. To avoid any possible irregularity, staff
recommends that the Board also enact the attached regular ordinance as a replacement for the
permanent fee ordinance (Ordinance No. 2002-05). The attached regular ordinance will become
effective 60 days from enactment arid, at that time, will repeal Ordinance No. 2002-05. Both
published and mailed notice have been given for a public hearing to consider enactment of the
attached regular ordinance.
On December 18, 2001 the Board of Supervisors approved the Joint Powers of Agreement
establishing the East County Transportation Improvement Authority(ECTIA)between the County
and the Cities of Antioch, Bentwood, and Oakley. ECTIA was formed with the charge to improve
the East County transportation network by establishing a fee authority, which will allow for an
increase in East County regional transportation fees to $7,500 per single-family dwelling unit,
$4,600 per multi-family dwelling unit, and $1.00 per square foot for non-residential uses. In
addition, the project list covered by the program was expanded to include improvements to
specific arterials and regional or sub-regional routes in the East County, as identified in the East
County Transportation Improvement Authority Fee Study (Development Program Report).
SUBJECT: Extend Urgency Ordinance for the East County Transportation Improvement Authority Fee
Program. CDD-CP#02-16, Project No.: 0676-2190-SAS (6P4013)
DATE: March 26, 2002
PAGE 4
The ECTIA program will operate concurrently with and will support the East Contra Costa
Regional Fee and Financing Authority (ECCRFFA), which has been operating since 1994. In
December 2000, the ECCRFFA decided to move forward with an expanded program,which would
include an increase in developer fees and an expanded list of improvement projects. However,
since the City of Pittsburg disagreed with the fee uniformly imposed throughout the fee area, a
new Joint Exercise of Powers Agreement for ECTIA was executed by the remaining members of
ECCRFFA, to include the cities of Antioch, Brentwood, Oakley, and Contra Costa County.
The ECTIA fee program will allow for fee credit for payment of the ECCRFFA fee to avoid double
payment for those projects common to both fee programs, such that the combined (ECCRFFA
plus ECTIA) contribution for those projects does not exceed $7,500 per peak hour trip or the
current ECTIA fee adjusted for cost of living.
An additional administrative fee equal to 2% of the program revenue will be assessed by the
County.
IV. Consequences of Negative Action:
Failure to extend the interim authorization to adopt fees will result in the loss of potential revenues
during the time remaining before the permanent fees go into effect.
Ordinance No. 2002-08
(Extending Interim Authorization to Adopt Fees for East
County Transportation Improvement Area of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I SUMMARY This ordinance provides for the extension of an interim authorization for fees
to be used for bridge and major thoroughfare improvements within the East County Transportation
Improvement Area of Benefit, which improvements are needed to protect the public health, safety,
and welfare and are necessary and desirable within the area of benefit.
SECTION II FINDINGS The Board finds that:
There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within
the above-named area of benefit has caused significant congestion, delay and economic loss to the
entire East County region. The resulting stressful driving conditions and reduction in air quality are
adverse factors affecting the public health, safety and welfare.
Residential, commercial and other constructiori activity is increasing in the East County area and is
expected to remain strong in the near future. The corresponding increase in traffic along Highway 4
and connecting streets will further reduce the quality of travel throughout the entire East County area.
Failure to adopt the interim fees at this time will result in loss of potential revenues as residential and
commercial projects are built without having to contribute their fair share to the proposed
improvements. The ability to finance construction of necessary bridge and major thoroughfare
improvements within the East County area is detrimental to the public health, safety and welfare.
SECTION ill AUTHORITY This ordinance is enacted, in part, pursuant to Government Code Section
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION IV PROCEDURE This ordinance was adopted pursuant to the procedure set forth in
Government Code Section 66017(b).
SECTION V FEE. ADOPTION The following interim fees are hereby extended for the East County
Transportation Improvement Authority Fee Area to fund the bridge and major thoroughfare
improvements described in the Development Program Report (East County Transportation
Improvement Authority Fee Study) dated January 2002, and shall be levied and collected pursuant to
the above authorities:
East County Transportation Improvement Fees:
Land Use Fee
Single Family (SF) Residential $7,500 per dwelling unit
Multi Family Residential $4,600 per dwelling unit
- 1 -
Ordinance No. 2002-08
Commercial $1.00 per square foot
Office $1.00 per square foot
Industrial $1.00 per square foot
Other $7,500 per peak hour trip
In addition, a fee equal to 2 percent of the above amounts shall be levied and collected to cover the
County's administrative costs and expenses in collecting, handling, and forwarding the fees to the
East County Transportation Improvement Authority.
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of
Title 9 of the Contra Costa County Ordinance Code.
The interim fees payable under this ordinance shall be in addition to fees payable for the following
areas of benefit:
1. Bethel Island Regional ,Area of Benefit
2. Discovery Bay Area of Benefit
3. Oakley/North Brentwood Area of Benefit
4. East County Regional Area of Benefit (including the East County Sub-area,
Pittsburg/Antioch Sub-area, and Marsh Creek Sub-area)
5. Bay Point Area of Benefit
6. Eastern Contra Costa Sub-Regional Transportation Mitigation Area of Benefit
However, fees paid under Ordinance No. 97-30 (Eastern Contra Costa Sub-Regional Transportation
Mitigation Area of Benefit) and forwarded to the East Contra Costa Regional Fee and Financing
Authority (ECCRFFA) shall be credited against the fees payable under this ordinance, as necessary
to avoid double payment for the same project costs.
The following shall be exempt from the fees levied under this ordinance: (1) any developments
required under conditions of approval to construct certain off-site road improvements in lieu of fee
payment subject to approval of the East County Transportation Improvement Authority; and (2) any
unimproved subdivision lots for which fees for one of the above areas of benefit previously were paid,
prior to February 26, 2002, at the time of map recordation.
SECTION V FEE AREA The interim fees set forth in this ordinance shall apply to all property
described in Exhibit A attached hereto.
SECTION VII SENIOR HOUSING Nothing in this ordinance shall be construed to abridge or modify
the Board's discretion, upon proper application for senior housing or congregate care facilities
pursuant to Government Code Section 65915, to adjust or waive the fees provided for within this
ordinance, in accordance with East County Transportation Improvement Authority policies.
SECTION VIII PURPOSE AND USE OF FEES The purpose of the fees described in this ordinance
is to generate funds to finance improvements to certain bridges and major thoroughfares in the East
County Transportation Improvement Area of Benefit. The fees will be used to finance the road
improvements listed in the Development Program Report (East County Transportation Improvement
-2-
Ordinance No. 2002-08