HomeMy WebLinkAboutRESOLUTIONS - 04162019 - 2019/123ADOPTED BY BOARD OF SUPERVISORS
ON
DEVELOPMENT PROGRAM REPORT
FOR THE
2019 UPDATE OF THE
SUBREGIONAL TRANSPORTATION MITIGATION
PROGRAM (STMP) FOR THE WEST CONTRA COSTA
TRANSPORTATION ADVISORY COMMITTEE (WCCTAC)
PREPARED PURSUANT TO SECTION 913
COUNTY ORDINANCE CODE
Prepared by:
Contra Costa County
Public Works and Community Development Departments
April 2019
TABLE OF CONTENTS
PAGE
INTRODUCTION AND PURPOSE ........................................................................................ 1
BACKGROUND .................................................................................................................... 1
AREA OF BENEFIT LOCATION AND BOUNDARY MAP ..................................................... 2
PURPOSE OF THE FEE ....................................................................................................... 4
USE OF THE FEES .............................................................................................................. 4
RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT
PROJECT ON WHICH THE FEE IS IMPOSED .................................................................... 4
RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF
DEVELOPMENT PROJECT ON WHICH THE FEE IS IMPOSED ........................................ 5
RELATIONSHIP BETWEEN THE AMOUNT OF THE FEE AND COST OF THE
ROAD PROJECTS ATTRIBUTABLE TO THE DEVELOPMENT PROJECTS ON
WHICH THE FEE IS IMPOSED ............................................................................................ 5
GENERAL PLAN RELATIONSHIP........................................................................................ 8
DEVELOPMENT POTENTIAL WITHIN THE STMP AREA ................................................... 8
ESTIMATED COST OF ROADWAY NETWORK IMPROVEMENTS .................................... 8
BASIS FOR FEE APPORTIONMENT ................................................................................... 8
RECOMMENDED FEES ....................................................................................................... 9
OTHER FUNDING SOURCES ............................................................................................ 10
REVIEW OF FEES .............................................................................................................. 10
COLLECTION OF FEES ..................................................................................................... 10
IN LIEU DEDICATION ......................................................................................................... 11
LIST OF TABLES
TABLE 1 COST SUMMARY OF PROJECTS.................................................................. 7
TABLE 2 FORECASTED GROWTH CONVERTED TO DUE ......................................... 8
TABLE 3 MAXIMUM POTENTIAL FEE BY LAND USE CATEGORY ............................. 9
TABLE 4 RECOMMENDED FEE BY LAND USE CATEGORY .................................... 10
LIST OF APPENDIX
APPENDIX A STMP BOUNDARY MAP & LEGAL DESCRIPTION
APPENDIX B 2019 STMP UPDATE (NEXUS STUDY)
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DEVELOPMENT PROGRAM REPORT FOR THE
2019 UPDATE OF THE SUBREGIONAL TRANSPORTATION MITIGATION
PROGRAM (STMP) FOR THE WEST CONTRA COSTA TRANSPORTATION
ADVISORY COMMITTEE (WCCTAC)
INTRODUCTION AND PURPOSE
The West Contra Costa Transportation Advisory Committee (WCCTAC) Subregional
Transportation Mitigation Program (STMP) is a development program designed to
collect funds to maintain and improve the capacity and safety of the transportation
network in West Contra Costa County. This fee program applies to all new
development within the STMP boundary area. This Development Program Report
(DPR)
Fees (adopted July 17, 1979), which implements Division 913 of the
County Ordinance Code and applies to areas in unincorporated Contra Costa
County. This DPR also includes certain information required by Government Code
sections 66484 and 66484.7.
One of the objectives of the County General Plan is to relate new development
directly to the provision of community facilities necessary to serve that development.
In other words, development cannot be allowed to occur unless a mechanism is in
place to provide the funding for the infrastructure necessary to serve that
development. The STMP is a means of providing funds to construct transportation
improvements to serve new development. Requiring that all new development pay a
mitigation fee will help ensure that they participate in the cost of improving the
transportation system.
Each new development or expansion of an existing development will generate new
additional traffic. Where the existing road system is inadequate to meet future needs
based on new development, improvements are required to meet the new demand.
The purpose of this program is to determine improvements ultimately required by
future development and to require developers to pay a fee to fund these
improvements. Because the fee is based on the relative impact on the circulation
system and the costs of the necessary improvements to mitigate this impact, the fee
amount is roughly proportional to the development impact.
BACKGROUND
The STMP was first adopted by WCCTAC, the Cities of El Cerrito, Hercules, Pinole,
Richmond, and San Pablo, Contra Costa County, and the Contra Costa
Transportation Authority (CCTA) in 1997, by way of a Cooperative Agreement and
local legislation, including Contra Costa County Ordinance No. 97-22.
Under the program, developer fees were imposed in the amount of $700 per
residential unit, $560 per multi-family residential unit, and $0.20 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,
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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, though fees collected by the County
were used solely to fund the Highway 4 West project.
The STMP was updated again in 2005. At that time, the fee collection was codified in
two separate ordinances: one related to collections for roadway projects under the
policy for Bridges and Major Thoroughfares and a second ordinance related to
collections for transit and pedestrian projects under the Mitigation Fee Act
Ordinance Nos. 2006-61 and 2006-62. In 2011, the legislature passed Assembly Bill
147 which added Section 66484.7 to the Government Code to officially expand the
definition of transportation facilities to include pedestrian, bicycle, transit, and traffic
calming facilities. As a result, this 2019 update to the STMP will consider approval of
one ordinance that encompasses transportation improvements to serve all users and
all authorized modes of travel within the road corridors. If approved, Ordinance 2019-
XX will repeal and replace Ordinance Nos. 2006-61 and 206-62. Likewise, Fund
8292 should be closed and any remaining funds merged into Fund 8286 as it is no
longer necessary to separate funds collected for non-vehicular modes.
The Nexus Study, attached as Appendix Nexus Update of the Sub-regional
Transportation Mitigation Program (STMP) Impact Fee (hereafter referred to as
Nexus Study), prepared December 2018 by Fehr & Peers, Transportation
Consultants, is incorporated herein by reference, and provides the technical basis for
establishing the required nexus between anticipated future development in west
Contra Costa County and the need for certain local and regional transportation
facilities.
STMP for WCCTAC BOUNDARY MAP
The STMP boundary location is generally shown in Figure 1 and is described in
Exhibit A. The WCCTAC Area of Benefit which is un
includes the unincorporated areas of the County within the STMP
boundary.
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Figure 1. STMP Study Area for WCCTAC
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COMPLIANCE WITH SECTION 66001 (a) OF THE GOVERNMENT CODE
1) PURPOSE OF THE FEE
The purpose of the STMP is to generate monies through the adoption of a traffic
mitigation fee to ensure a transportation network consistent with current and future
transportation needs. By adoption of this fee program, the proposed circulation
system will be able to keep pace with new growth.
2) USE OF THE FEES
The fees will be used to generate monies to pay for the transportation improvements
described in the Nexus Study, and specifically identified in Table 1.
3) RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT
PROJECT ON WHICH THE FEE IS IMPOSED
The Projects for which the fees will be used are necessary for the improvement of the
safety and capacity of the transportation network serving the STMP area, as
determined by future growth allowed for in the General Plan. The transportation
network is outlined in the Circulation Element of the General Plan.
All new development in the STMP area will contribute additional traffic to the
transportation network in the STMP area generally and specifically to the locations of
the Projects identified in this DPR for which the proposed fees are being collected.
The growth in the unincorporated area of the STMP area will be comprised of a of
mix of different types of land uses, which may include single family and multi-family
residential, senior housing, hotel, retail, office, industrial, storage facility, church and
hospital uses. The amount of new traffic generated will be different for each of these
types of development. Therefore, each type of development project will have a
different level of impact on the locations of the Projects for which the fees are being
collected and the fee must be proportional to that impact. To accomplish this, the
fees are based on the number of additional A.M. peak hour trips that each type of
development adds to the road network. For example, one new single family dwelling
unit will generate .74 additional a.m. peak hour trips on the road network in the STMP
area, while one new senior housing unit will generate .20 additional a.m. peak hour
trips. Therefore, the impact a senior unit has on the network is equal to 27% (.20/.74)
of the impact of a single family dwelling unit. The fee then for a senior unit should be
27% of the fee for a single family unit. The amount and types of development
considered for this DPR were projected based on the General Plan. However, the
DPR recognizes that there may be other types of development, not specifically listed
in the report. These will be treated as Other as shown in Table 4 and the fees will be
calculated based on the number of A.M. peak hour trips generated.
The traffic generated by each type of development is determined based on a trip
generation factor that has been designated for each of the various land uses outlined
in this DPR. These factors were determined utilizing the Institute of Transportation
Engineers (ITE), Trip Generation Manual and growth projections to 2040 based upon
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historic growth rates in residential and employment growth land use types. This
methodology allocates fees to the types of land use proportional to the amount of
new traffic generated in the STMP area by that land use. As a result, the proposed
fees to be collected for the specified projects are based on these factors and
therefore, are directly related to traffic impact of each particular land use category.
This methodology ensures that the fees collected from new development in each of
the land use categories are used to fund the projects in proportion to the amount of
new traffic that is generated based on the type of land use.
4) RELATIONSHIP BETWEEN NEED FOR ROAD IMPROVEMENTS AND TYPE OF
DEVELOPMENT PROJECT ON WHICH THE FEE IS IMPOSED
As discussed in Section 3, a trip generation rate has been designated for each type
of development outlined in the Nexus Study. These factors are industry standards
obtained from the Institute of Transportation Engineers, Trip Generation. The
proposed fee is based on distributing the cost of the STMP road improvement
program to new development in proportion to the number of peak hour trips or
dwelling unit equivalents generated by the particular type of new development. All
new development that generates new traffic will create an impact to the
transportation network. Additional traffic from the new development projects on which
the fee will be imposed will contribute to the need for projects. The different
categories of land use generate different amounts of peak hour trips and therefore
have different levels of impact on these roads and create a different level of need for
the improvement projects. The fees are calculated to ensure that each type of land
use category pays a fee that is in proportion to the new traffic that is generated by a
specific type of development.
This increase in growth and subsequently the total number of new trips using the
road network within the STMP area, will create an impact on existing road facilities
requiring safety and capacity improvements. The Transportation Projects are needed
to mitigate the effects of this increase in trips generated by new development
projects. A list of projects needed to accommodate future traffic was prepared by the
WCCTAC. In general, the amount of STMP funding varies from 12% to 100% of the
project cost. It is recognized that existing traffic and growth outside the STMP area
also contribute to the need for the transportation improvement projects. The cost of
the projects for which these fees are being collected are shown in Table 1. The total
cost is estimated at $855 million. The portion of these costs are attributed to new
development is roughly 19% of the overall program of projects or approximately $162
million.
5) RELATIONSHIP BETWEEN THE AMOUNT OF THE FEE AND COST OF THE
ROAD PROJECTS ATTRIBUTABLE TO THE DEVELOPMENT PROJECTS ON
WHICH THE FEE IS IMPOSED
This fee program applies to areas in unincorporated Contra Costa County within the
STMP area but is part of the larger West Contra Costa Transportation Advisory
Committee Subregional Transportation Mitigation Program. The traffic impacts to the
locations of the projects from new development in the entire STMP area, including
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the unincorporated areas, were evaluated in the Nexus Study. Forecasts of future
traffic volumes were made to provide the data needed to establish the reasonable
and the need for and costs of
the projects within the STMP area. Using the traffic volume forecasts and the
estimated cost of the projects, the portion of the estimated project costs that can
reasonably be connected with the need generated by the projected new development
was calculated. As discussed in Section 4, the project costs to correct existing
deficiencies and the project costs associated with the impacts from growth in
traffic will not be funded by the STMP fee. Therefore, new
development in the STMP area will only be assessed fees for the portion of the costs
of the projects relative to the traffic impact attributable to the new development. Cost
breakdowns and the STMP fee amount and rate related to the Projects are shown in
Tables 1 and 4, respectively.
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Table 1. Project List and associated proportional share cost from STMP
ID Project Estimated
cost
% from
WCCTAC
Estimated
STMP
1 San Pablo Avenue Complete Streets
Project
$50,903 19% $9,672
2 Appian Way Complete Street Project $23,310 19% $4,429
3 San Pablo Dam Road Improvements in
Downtown El Sobrante
$10,422 19% $1,980
4 Bay Trail Gap Closure $12,276 19% $2,333
5 Ohlone Greenway Improvements $3,045 19% $579
6 I-580/Harbour Way Interchange Pedestrian
& Bicycle Access Improvements
$519 19% $156
7 I-580/Marina Bay Parkway Interchange
Pedestrian & Bicycle Access Improvements
$1,095 19% $197
8 Richmond Ferry to Bridge Bicycle Network
Improvements
$8,750 19% $2,450
9 I-80 Express Bus Service(capital
improvements)
$109,203 19% $20,749
10 Hercules Regional Intermodal
Transportation Center
$53,550 19% $10,175
11 BART extension from Richmond Station $14,700 19% $2,793
12 San Pablo Avenue Transit Corridor
Improvements
$192,150 19% $36,509
13 23rd Street Transit Corridor Improvements $121,800 19% $23,142
14 West County BART Station Access, Parking
& Capacity Improvements
$88,926 19% $16,896
15 Del Norte Area TOD Public Infrastructure
Improvements
$37,761 19% $7,175
16 San Pablo Avenue Intersection
Realignment at 23rd Street and Road 20
$151,120 12% $1,814
17 I-80/San Pablo Dam Road Interchange
Improvements (Phase 2)
$84,788 19% $16,110
18 I-80/Central Avenue Interchange
Improvements (Phase 2)
$15,225 17% $2,588
19 I-80/Pinole Valley Road Interchange
Improvements
$10,959 14% $1,534
20 Future Nexus Study Updates $500 100% $500
Total $855,002 19% $161,781
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GENERAL PLAN RELATIONSHIP
The basis for the STMP is consistent with the features of the County General Plan
and its amendments, and subscribes to the policies of the General Plan elements.
The general plan policies include but are not limited to improving the County
circulation network to meet existing and future travel demands. Establishing and
charging new development the STMP fee will assist in funding the necessary
transportation infrastructure projects required for future growth that are generally
shown in the General Plan.
The General Plan and its various elements are available for review at the Community
Development Department, County Administration Building, 651 Pine Street, Martinez,
during office hours.
DEVELOPMENT POTENTIAL WITHIN THE STMP AREA
Expected growth in households, employment, and peak hour trips within the STMP
boundary area is discussed in the Nexus Study, which was prepared for the
WCCTAC and included as Appendix B to this report. Section 4 of Appendix B
identifies the growth assumptions which are the basis of the fair share calculation and
is summarized in Table 2 below:
Table 2. Forecasted Growth in West County, Converted to DUE
Year Single
Family
Multi
Family
Total
Residential
Office Retail Industrial Total
2018 65,727 14,042 79,769 24,031 10,269 9,049 43,349
2040 70,412 20,922 91,334 31,676 12,373 9,878 53,927
Net
Increase
4,685 6,880 11,565 7,645 2,104 829 10,578
Proportion
of Total
DUE
Growth
21% 31% 52% 35% 9% 4% 48%
See Appendix B, Section 4 for background.
ESTIMATED COST OF ROADWAY NETWORK IMPROVEMENTS
The estimated costs for the projects and the corresponding recommended STMP fee
contributions are shown in Table 1. The recommended STMP fee contributions are
only a portion of the total project cost. An additional administrative fee equal to 2% of
the program revenue will be assessed by the County. This additional fee will be used
to cover staff time for fee collection, accounting, and technical support to the
community groups and traffic advisory committees.
BASIS FOR FEE APPORTIONMENT
The basis for the fee apportionment is described in the Nexus Study. This DPR is
necessary for collection of fees to comply with Sections 66484 and 66484.7 of the
9
Government Code, Division 913 of the County Ordinance Code, and the Mitigation
Fee Act (Gov. Code, § 66000 et seq.).
The concept of a Nexus Study associated with mitigation fee program is the
methodology to assure an equitable distribution of transportation improvement costs
to new development from which future impacts will arise. As traffic impacts are
directly related to the total number of trips on the transportation network, we are able
to relate development fees to the number of trips associated with a particular
category of development. To summarize, the nine land use categories for which a fee
will be assessed in the STMP fee area, are: single and multi-family residential,
senior housing, hotel, retail/service
total estimated STMP share of the vehicle related project costs is based upon
the percent increase of vehicle trips at each project location. The total estimated
STMP share of the multi modal project cost is based upon the percent increase in
service population. Once the total STMP share of the project costs is determined (as
identified in Table 1) the cost is apportioned to each land use category based on
percentage of growth attributed to that land use category as identified in Table 3. In
the residential categories, the cost is equally distributed among all dwelling units. In
the non-residential categories, the cost is distributed on the basis of each square foot
of gross floor area. For
A.M. peak hour trips generated by the particular type of development. A traffic
report prepared by a licensed engineer and reviewed and approved by the Public
Works Department, or an analysis completed in accordance with the Institute of
the peak traffic hours. The project would then be charged the rate
multiplied by the number of A.M. peal hour trips identified in the traffic report.
Table 3. Maximum Potential Fee Calculation by Land Use Category
Land Use
Category
Proportion of
Total
DUE Growth
Capital Cost
Allocated to
Each Category
Total Units Maximum STMP
Fees
Single Family 21% $33,974,010 4,685 DU $7,252 per DU
Multi Family 31% $50,152,110 14,040 DU $3,572 per DU
Office 35% $56,623,350 4,869,300 SF $11.63 per SF
Retail 9% $14,560,290 1,656,500 SF $8.79 per SF
Industrial 4% $6,471,240 873,000 SF $7.41 per SF
RECOMMENDED FEES
At the September 28, 2018 meeting, the WCCTAC Board recommended that fee
levels be set at 75% of the maximum potential fee. Reducing the fee level to 75% of
the maximum rate will allow continued economic growth in the area which is
important to address the housing shortage and continued need for job growth. Table
4 provides the recommended fee rates to be implemented July 2019. Setting the fees
at the recommended level is expected to generate an estimated $121.3 million
through 2040.
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Table 4. Recommended Fee Rates by Land Use Category
Land Use Category Recommended
STMP Fee Rates
Single Family $5,439/DU
Multi Family $2,679/DU
Senior Housing $1,469/DU
Hotel $3,481/Room
Office $8.72/SF
Retail/Service $6.59/SF
Industrial $5.56/SF
Storage Facility $0.76/SF
Other $7,350 per AM peak
hour trip
OTHER FUNDING SOURCES
The projects will be funded and constructed in conjunction with the development of
property within the STMP area. The Projects however, are only partially funded by
STMP fees. Other funding sources are available to help fund County transportation
projects. These other funding sources include but are not limited to Regional
Measure J, local Road funds generated through gas tax (Senate Bill 1), and Grant
funds through Federal, State, or local programs.
The rate of revenue generated in the STMP fee area is dependent on the rate of new
development. This affects the timing of the construction of a STMP project as it is
dependent on the total amount of fees collected less expenditures.
The Projects proposed by the STMP will be reviewed periodically to assess the
impacts of changing travel patterns, the rate of development, and the adequacy of
the estimated project costs. The periodic review will evaluate project priority and the
need to increase fees should project costs increase or exceed the rate of inflation.
REVIEW OF FEES
Project cost estimates will be reviewed periodically while the STMP is in effect. On
July 1, 2020, and on July 1 of each year thereafter, the amount of the fees 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 February index of the same calendar year.
COLLECTION OF FEES
Fees shall be collected when the building permit is issued in accordance with Section
913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code.
Fees collected will be deposited into interest bearing trust funds established pursuant
to Section 913-8.002 of the Contra Costa County Ordinance Code. Fees, including
11
net interest, shall be remitted on a quarterly basis to the City of San Pablo Finance
Department, to be used solely for the STMP Projects.
IN LIEU DEDICATION
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 will 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 will 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.
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APPENDIX
13
WCCTAC area of benefit boundary as identified in the map
above and as described in the following legal description.
14
EXHIBIT "A"
Real property in Contra Costa County, California described as follows:
Beginning at the most southeasterly corner of the 18.04 acre parcel of land as shown on
the Record of Survey map filed December 22, 1931 in Book 2 of Licensed Surveyors Maps
(LSM) at page 5; thence from said Point of Beginning along the south line of said parcel
south 66 west 125.14 feet to the northeasterly line of the Southern Pacific Railroad
right of way; thence southerly 184.77 feet to the southwesterly line of said Railroad right of
way at a 1/2" iron pipe with tag L.S. 3489, being the most easterly corner of the parcel of
land as shown on the Record of Survey map filed April 10, 1990 in Book 93 of LSM at page
32; thence south 43 west 342 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 884 feet more or less to the westerly boundary of the parcel of
land granted to California Pacific Title Company recorded February 17, 1959 in Book 3319
of Official Records at page 439; thence along said boundary in a general southerly and
southeasterly direction 1853 feet more or less to the southeasterly corner of Assessor
Parcel Number 368-100-002; 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 continuing along said prolongation 50 feet more or less to the westerly right of way
line of said road; thence continuing along said prolongation 4073 feet more or less to the
northwest corner of APN 354-310-019, said point being on the easterly right of way line of
Cummings Skyway; thence along said easterly right of way, southerly and southeasterly
3175 feet more or less to the northerly right of way line of State Highway 4; thence in a
general southerly direction 1267 feet more or less to the northerly boundary of the parcel of
land shown on the Record of Survey map for lot line adjustment 64-88 filed February 15,
1989 in Book 90 of LSM at page 16 (being APN 362-230-015); thence along said northerly
line and its northwesterly prolongation north 78 west 789 feet more or less to the
southeasterly right of way line of State Highway 4; thence along said right of way line in a
southwesterly direction 5036 feet more or less to the most westerly corner o
on the map of Subdivision MS 98-70 filed October 9, 1970 in Book 14 of Parcel
Maps (PM) at page 24, said point being on the easterly right of way line of the Atchison
Topeka and Santa Fe Railroad right of way; thence southwesterly 127.63 feet to the
westerly right of way line of said Railroad; thence along said westerly right of way line in a
general southerly direction 5535 feet more or less to a point on the westerly line of Division
No. 5 of the Rancho El Pinole filed October 1, 1901 in Book 90 of Deeds at page 417;
thence leaving said Railroad right of way and along said westerly line south 45° west
45 east 2300 feet more or less to St
of the 137.40 acre and 98.59 acre parcels as shown on the Record of Survey
map filed May 29, 1953 in Book 15 of LSM at page 44, south 0 east 2621.20 feet to
the southwest corner of said 98.59 acre parcel; thence along the southerly line of said
parcel south 87 east 2680.05 feet to the southeast corner of said 98.59 acre parcel,
said corner also being a point on the north line of the parcel described as Property 2,
Parcel 1 in the deed recorded May 11, 2001 as document number 2001-0126342; thence
continuing south 87 east along said north line 39.15 feet; thence south 89
east 264.00 feet to the northeast corner of said Parcel 1 (2001-0126342); thence along the
1
west boundary of Part
20, 1937 in Book 4 of Licensed Surveyors Maps at page 26 south 0 west 1837
feet to the southwest corner of said map (4 LSM 26); thence continuing southerly along
said west boundary south 0 west 1661 feet more or less to corner PR 26, Rancho El
Pinole; thence east along said Rancho line 600 feet more or less to the westerly right of
way line of Ferndale Road; thence along said right of way line southeasterly 1150 feet more
or l filed July 11, 1979
in Book 78 of Parcel Maps at page 45; thence south 75 west 1071.26 feet; thence
south 30 west 282.28 feet; thence south 24 east 1165.5 feet to the
southwesterly corner of Parcel B (78 PM 45); thence leaving said Parcel B (78 PM 45)
southwesterly along the general southeasterly boundary of Parcel B of Subdivision MS 8-
87 filed June 25, 1993 in Book 162 of Parcel Maps at page 25, 6688.01 feet more or less to
the most southerly corner of said Parcel B; thence southwesterly 1719.2 feet more or less
filed
December 29, 1992 in Book 160 of Parcel Maps at page 33 to the most westerly corner of
said parcel A; thence along the boundary of Subdivision MS 244-77 filed September 11,
1979 in Book 80 of Parcel Maps at page 35 south 1 west 1078.00 feet more or less
to the southeast corner of parcel B of said map; thence south 87 west 2133.27 feet;
thence north 89 west 3928 feet more or less to the northwest corner of Tract No. 27
as shown on the map of the Rancho El Sobrante; thence southerly, southwesterly,
southeasterly 10,454 feet more or less along the boundary of Tract No. 27 to the most
easterly corner 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 Specific Tract D (Rancho El Sobrante);
thence south 47 west 4528 feet more or less to the southerly corner of said Specific
Tract D; thence along the southwest line of Specific Tract D north 42 west 2253.9 feet
and north 30 west 1511.4 feet more or less to the northerly corner of Lot 62 (Rancho El
Sobrante); thence south 44 west along the northwesterly line of said Lot 62, 3822 feet
more or less to the Alameda/Contra Costa County boundary line; thence along said Contra
Costa County line in a general westerly, northwesterly, northerly, northeasterly and easterly
direction to a point on the County line which intersects the prolongation of the south line of
said 18.04 acre parcel (2 LSM 5); thence southwesterly along said prolonged line to the
Point of Beginning.
For assessment purposes only. This description of land is not a legal property description as
defined in the Subdivision Map Act (Government Code Section 66410) and may not be used as the
basis for an offer for sale of the land described.
wcctac stmp boundary
JS:tl last revised: April 10, 2019
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Nexus Study
Page 1 of 18
MASTER COOPERATIVE AGREEMENT
BY AND AMONG THE CITIES OF EL CERRITO, HERCULES, PINOLE,
RICHMOND, AND SAN PABLO, THE COUNTY OF CONTRA COSTA
AND THE WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE
FOR THE 2019 SUBREGIONAL TRANSPORTATION MITIGATION FEE PROGRAM
This AGREEMENT is made and entered into as of this ________ day of ____________, 2019,
by and between the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo, and the County
of Contra Costa, collectively referred to herein as AGENCIES; and individually as an AGENCY,
and the West Contra Costa Transportation Advisory Committee, a Joint Exercise of Powers
Agency organized pursuant to a Joint Exercise of Powers Agreement among the cities of El
Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa, and the transit
agencies AC Transit, Bay Area Rapid Transit District, and Western Contra Costa Transit
Authority, hereinafter referred to as WCCTAC. The AGENCIES, and WCCTAC shall
sometimes be referred to collectively herein as the “Parties” and individually as a “Party”.
RECITALS
WHEREAS, AGENCIES, and WCCTAC, pursuant to the Contra Costa Transportation
Improvement and Growth Management Expenditure Plan and Ordinance (referred to herein as
“Measure C”) adopted and approved by the voters in 1988, and pursuant to the extension of the
transportation sales tax (referred to herein as “Measure J”) adopted and approved by the voters in
November 2004, hereby desire to enter into a Cooperative Agreement for transportation
improvements in West Contra Costa County to be funded in whole or in part by developer fees
collected under the West County Subregional Transportation Mitigation Program (“STMP”).
The 2019 program (the “2019 STMP”) is intended to update the STMP adopted in 2006 (the
“2006 STMP”). The transition from the 2006 STMP to the 2019 STMP is outlined herein. This
Agreement shall terminate and replace the prior Master Cooperative Agreement Between Contra
Costa Transportation Authority, the Cities of El Cerrito, Hercules, Pinole, Richmond, and San
Pablo, the County of Contra Costa and the West Contra Costa Transportation Advisory
Committee, dated June 13, 2006; and
WHEREAS, the WCCTAC Joint Exercise of Powers Agreement describes the objective of
protecting and advancing the interests of West Contra Costa County communities with regard to
transportation issues and the utilization of Measure C and Measure J funds, and explicitly
designates WCCTAC to oversee the STMP; and
WHEREAS, each AGENCY by local ordinance or resolution, enacted the 2006 STMP, which
levies a fee on new development to mitigate the impacts of new trips generated by that
development in conformity with the Mitigation Fee Act (Gov. Code §§ 66000 et seq., referred to
herein as the “Act”); and
WHEREAS, fees from the 2006 STMP partially funded eleven regional transportation projects
which are listed in the Fee Program Background section of the adopted 2019 Nexus Update of
the Subregional Transportation Mitigation Program (STMP) Impact Fee report; and
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WHEREAS, fees from the 2019 STMP are proposed to partially fund twenty (20) regional
transportation projects, as more particularly described herein (collectively referred to herein as
the “Projects” and individually as a “Project”); and
WHEREAS, the conclusions of the nexus study, in conformity with Government Code section
66000 et seq. can be found in the 2019 Nexus Update of the STMP Impact Fee report which is
attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, this Agreement outlines the roles and responsibilities of the Parties relative to the
administrative, fiscal, and project management of the 2019 STMP projects; and
WHEREAS, WCCTAC is the primary responsible entity for the program, and will coordinate
and administer the STMP expenditures, the priority for fee disbursements, and provide general
management of the STMP consistent with its mission; and
WHEREAS, WCCTAC has evaluated the components of the 2019 STMP and finds that the
establishment, imposition, collection, transfer and use of development fees for the purposes and
Projects described herein are necessary to mitigate traffic impacts caused by new development
and authorized by all applicable legal authorities;
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
A. PURPOSE
The purpose of this Agreement is to formalize the institutional arrangements for the
collection, oversight, and expenditure of the 2019 STMP fees and the close out of the
2006 STMP program.
B. LIST OF PROJECTS
Fees from the 2019 STMP are proposed to partially fund the Projects identified in this
Paragraph B, as more particularly described in the 2019 Nexus Update of the Subregional
Transportation Mitigation Program (STMP) Impact Fee report. Each Project shall have
one or more designated project sponsors (each a “Project Sponsor”). A Project Sponsor
may be an AGENCY, WCCTAC or another governmental agency. WCCTAC will enter
into a funding agreement with each Project Sponsor as part of funding of each Project,
and such funding agreement shall set forth the duties and responsibilities of the Project
Sponsor. The Project Sponsor(s) for each Project are listed in parenthesis below after the
description of each Project.
1. San Pablo Avenue Complete Streets Projects – Transit, bicycle, and
pedestrian improvements along several segments of San Pablo Avenue.
(WCCTAC Cities/Contra Costa County);
2. Appian Way Complete Streets Project – Pedestrian, bicycle, and transit
access improvements along Appian Way in El Sobrante and in City of Pinole.
(Contra Costa County; City of Pinole);
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3. San Pablo Dam Road Improvements – Multimodal access improvements
along San Pablo Dam Road through downtown El Sobrante. (Contra Costa
County);
4. Bay Trail Gap Closure – Improve transit access by closing three key Bay Trail
gaps: along Goodrick Avenue in Richmond, between Bayfront Park and Pinole
Creek in Pinole, and between Atlas Road and Cypress Avenue in
unincorporated Contra Costa County. (East Bay Regional Park District, Contra
Costa County, Cities of Richmond and Pinole);
5. Ohlone Greenway Improvements – Crossing, wayfinding, signing, lighting,
safety, access and landscaping improvements along Ohlone Greenway. (City of
El Cerrito);
6. I-580/Harbor Way Interchange Improvements – Improve pedestrian and
bicycle access across interchange, to serve movements between
waterfront/ferry terminal and central Richmond. (City of Richmond);
7. I-580/Marina Bay Parkway Interchange Improvements – Improve
pedestrian and bicycle access across interchange, to serve movements
between waterfront and downtown Richmond. (City of Richmond);
8. Richmond Ferry to Bridge Bicycle Improvements – Improve bicycle access
between Richmond Ferry Terminal and Bay Trail near Richmond-San Rafael
Bridge. (City of Richmond);
9. I-80 Express Bus – Capital improvements associated with implementing I-80
Express Bus service between Hercules and Oakland/Emeryville/Berkeley/San
Francisco, with possible intermediate stops. (WCCTAC, WestCAT and AC
Transit);
10. Hercules Regional Intermodal Transportation Center – Complete
construction of new Capitol Corridor train stop, with associated track
improvements, parking and access facilities. (City of Hercules);
11. BART Extension from Richmond Station (Planning and Conceptual
Engineering Phases) – Planning, conceptual engineering and/or program level
environmental clearance phases of potential BART extension to Contra Costa
College/City of San Pablo. (WCCTAC, City of San Pablo, BART);
12. San Pablo Avenue Transit Corridor Improvements – Extension and
improvement of bus rapid transit (BRT) and/or rapid bus service along San
Pablo Avenue through West County, with stops including Richmond Parkway
Transit Center and Hercules Transit Center. (WCCTAC Cities/Contra Costa
County);
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13. 23rd Street Transit Corridor Improvements – Provision of bus rapid transit
(BRT) and/or rapid bus service along 23rd Street from Richmond Ferry
Terminal/UC Berkeley Richmond Field Station to Richmond BART, to Contra
Costa College, and potentially to Hilltop Mall. (Cities of Richmond and San
Pablo);
14. West County BART Station Access and Parking Improvements – Station
modernization and capacity enhancements, parking, and access improvements
at El Cerrito Plaza, El Cerrito del Norte, and Richmond BART stations, and
Richmond Crossover Project to allow increased frequency along Richmond
line. (BART, WCCTAC);
15. Del Norte Area TOD Public Infrastructure Improvements – Parking facilities,
bicycle, pedestrian, and/or bus transit access improvements, signage, lighting,
improvements to station access or station waiting areas, ADA improvements,
improvements to adjacent streets, street crossings, or signals, and/or Ohlone
Greenway improvements. (BART, Cities of El Cerrito and Richmond);
16. San Pablo Avenue Intersection Realignment – Intersection reconfiguration,
potential signal modifications to accommodate pedestrian, bicycle, and bus
rapid transit (BRT) access at intersection of San Pablo Avenue, 23rd Street, and
Road 20. (City of San Pablo);
17. I-80/San Pablo Dam Road Interchange Improvements, Phase 2 –
Interchange reconstruction, new bridge over Wildcat Creek, and improved
bicycle and pedestrian facilities. (CCTA);
18. I-80/Central Avenue Interchange Improvements, Phase 2 – Increase
intersection spacing to increase vehicle capacity, connect Pierce Street and
San Mateo Street, convert Pierce Street access at Central Avenue to right-
in/right-out and improve multimodal access. (CCTA);
19. I-80/Pinole Valley Road Interchange Improvements – Improve merge from
eastbound on-ramp to I-80, widen ramp terminal intersections, and make
pedestrian crossing improvements. (CCTA, City of Pinole); and
20. Future Nexus Study Updates – Two comprehensive nexus studies and fee
updates over the 22-year planning horizon of the 2019 STMP Fee. (WCCTAC).
C. CLOSE-OUT OF FEE COLLECTION AND EXPENDITURE FROM THE 2006
STMP
Fees will no longer be collected for the eleven projects from the 2006 STMP as of the
Effective Date. All fees collected and unspent for these projects as of the Effective Date
shall be used for Projects that are the same as or substantially similar to a project from the
2006 STMP, in order to further the purposes for which the 2006 STMP was adopted.
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Any fees collected and unspent from the 2006 STMP that are not able to be used in this
manner, shall be refunded or used in accordance with Government Code section
66001(e)&(f).
D. FEES
1. Imposition of the Fees. In order to fund the 2019 STMP, AGENCIES shall
consider the adoption, by ordinance or resolution, the following developer fees, to
be payable at the time of issuance of building permits:
LAND USE FEE
Single-Family Residential $5,439/DU*
Multi-Family Residential $2,679/DU
Senior Housing $1,469/DU
Hotel $3,481/Room
Retail/Service $6.59/SF**
Office $8.72/SF
Industrial $5.56/SF
Storage Facility $0.76/SF
Other $7,350 per AM peak
hour trip
*DU = Dwelling Unit **SF = Square Foot
AGENCY is responsible for determining the appropriate land use category and
fee amount to apply to specific development projects being considered by their
jurisdiction. AGENCY will refer to the STMP Administrative Guidelines for
guidance on how to apply these land use categories to development projects.
2. Administrative Fee.
In addition to the STMP fee imposed by section D.1 above, each AGENCY may
impose an administrative fee payable to the AGENCY at the time of issuance of a
building permit. The administrative fee shall be no greater than the cost incurred
by the AGENCY to adopt the ordinance or resolution establishing the 2019 STMP
and to collect, report, and transmit appropriate reports and funds to WCCTAC.
Any administrative fee applied by AGENCY shall be kept separate from the
STMP funds.
3. Tribal Gaming Facility Developments.
The Parties agree that a tribal gaming facility’s subregional traffic impacts should
be mitigated and that WCCTAC shall be included in any evaluation and
determination of such impacts and their mitigation. Monies to pay for mitigation
of such subregional impacts may be governed by a tribal-state compact or a tribal-
local agency agreement. The collection of any such monies shall be subject to
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applicable state and federal law, including but not limited to the Indian Gaming
and Regulatory Act, 25 U.S.C. §§ 2701-2721.
4. Transfer of the Fees.
No more than thirty (30) days following the close of each calendar quarter ending
after the Effective Date, all STMP fee revenue collected by an AGENCY, and any
interest accrued on such revenue, not including any AGENCY administrative fee
pursuant to Section D.2, will be transferred by the AGENCY to WCCTAC with a
brief Quarterly Report that identifies each development project subject to STMP,
and the revenue collected for the development during the reporting period.
WCCTAC shall deposit the funds into a separate interest-bearing capital facilities
account for the STMP revenues to be used solely for the purposes described
herein, and in the fee resolutions or ordinances adopted by the AGENCIES
pursuant to this Agreement. The revenues, including any accrued interest from
the account, will be disbursed and expended only for the twenty projects
identified in Section B above.
5. Reports.
Pursuant to Government Code section 66006(b)(1), within 150 days after the end
of each fiscal year, WCCTAC, in cooperation with the Project Sponsors, shall
make available to the public and to AGENCIES a status report on the progress
attained and costs incurred to date on each Project in the 2019 STMP, including
but not limited to:
i. A brief description of the type of fee in the account or fund.
ii. The amount of the fee.
iii. The beginning and ending balance of the account or fund.
iv. The amount of the fees collected and the interest earned.
v. 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.
vi. An identification of an approximate date by which the construction of the
public improvement will commence if the local agency determines that
sufficient funds have been collected to complete financing on an
incomplete public improvement, as identified in paragraph (2) of
subdivision (a) of Section 66001 of the Government Code, and the public
improvement remains incomplete.
vii. A description of each interfund transfer or loan made from the account or
fund, including the public improvement on which the transferred or loaned
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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.
viii. The amount of refunds made pursuant to subdivision (e) of Section 66001
and any allocations pursuant to subdivision (f) of Section 66001.
6. Report Reviews.
Pursuant to Government Code section 66006(b)(2), the WCCTAC Board shall
review the information contained in the report referenced in Section D.5 of this
Agreement at the next regularly-scheduled public meeting not less than fifteen
(15) days after this information is made available to the public. Thereafter, such
report and any comments or amendments made by the WCCTAC Board, shall be
forward to the AGENCIES.
7. Periodic Findings.
After the fifth fiscal year following the first deposit of 2019 STMP revenues and
every five (5) years thereafter, WCCTAC shall make all findings required by
Government Code section 66001(d). Such findings shall be made in connection
with the release of public information required by Government Code section
66006(b) and Section D.6 of this Agreement.
8. Annual Fee Adjustments.
A provision shall be included in the fee resolutions or ordinances adopted by
AGENCIES pursuant to this Agreement, requiring automatic annual fee increases
or decreases, effective July 1 of each year after 2019, based on the annual
percentage change in the Engineering News-Record Construction Cost Index for
the San Francisco Bay Area for the 12-month period ending with the February
index of the same calendar year. WCCTAC will calculate the annual percentage
increase in the STMP fee and notify all AGENCIES of this change. Each
AGENCY shall be responsible for implementing this annual change in the STMP
Fee.
9. Exemptions and Waivers.
No exemptions for any development subject to the 2019 STMP Fee shall be
allowed without pre-approval of WCCTAC except as described in the STMP
Administrative Guidelines. Developments may be exempted from the 2019
STMP and the development fees pursuant thereto to the extent allowed by law,
and any such exemption shall be reported to WCCTAC.
10. Credits and Reimbursements.
An applicant may receive credit against fees for the dedication of land for right-
of-way and/or construction of improvements for specific 2019 STMP projects,
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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 2019 STMP dedications or improvements shall
be based upon a determination by AGENCY 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 AGENCY. AGENCY must report any credit to WCCTAC prior
to awarding the credit.
An applicant may receive reimbursement from STMP fees paid by other
development projects to the extent that the amount of the credit is greater than the
STMP fee obligation of the development project. The award of any
reimbursement by AGENCY must be preapproved by the WCCTAC Board; in
making that decision, the Board will take into consideration criteria and metrics
related to funding availability and project prioritization that they use in making
other STMP funding decisions.
11. Appeals.
Should an applicant or AGENCY seek an appeal of the fee due, the appeal shall
be made in writing to WCCTAC with supporting documentation. The WCCTAC
Board shall consider the appeal at a regularly scheduled meeting, and shall make a
decision on the appeal. The decision of the WCCTAC Board is final.
12. Verification.
In addition to the quarterly reporting form submitted by the local jurisdictions,
WCCTAC in conjunction with the AGENCIES may undertake steps to verify
AGENCIES compliance with the 2019 STMP Program. This may include
periodic reports to the WCCTAC Board and City/County Managers about
compliance with reporting requirements, and/or requesting information on
building permits issued to compare with the information contained in the
quarterly reporting form.
13. STMP Administrative Guidelines
WCCTAC has adopted administrative guidelines to assist WCCTAC and Agency
staff with implementation of the STMP Fee, and provide additional detail not
included in this Agreement. The STMP Administrative Guidelines are attached
hereto as Exhibit B, and incorporated herein. The Parties understand and agree
that the STMP Administrative Guidelines may be changed from time to time in
the sole discretion of the WCCTAC Executive Director, as long as such changes
do not conflict with this Agreement or applicable law. Prior to adopting any
changes to the STMP Administrative Guidelines, the Executive Director shall
submit the proposed changes to the WCCTAC Technical Advisory Committee for
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review. Upon a change in the STMP Administrative Guidelines, WCCTAC will
provide copies of the revised STMP Administrative Guidelines to all Agencies.
E. FUNDING AND ELIGIBLE COSTS
1. Use of Fees.
Fee revenues shall be available for Project costs through completion of
construction. Costs include, but are not limited to, environmental clearance,
conceptual planning and engineering, traffic studies, design, right-of-way
acquisition, utility relocation, and costs of construction. Funding amounts are in
2018 dollars and actual funding commitments will depend upon the 2019 STMP
fee revenues collected by the AGENCIES. Eligible Project costs will be
determined by WCCTAC consistent with applicable law, in WCCTAC’s sole
discretion. Project costs will be reimbursed pursuant to procedures determined by
WCCTAC.
2. STMP Projects and Nexus Amounts.
The table below shows the maximum potential nexus amount for each project, as
determined in the 2019 Nexus Update of the STMP Impact Fee report. The fees
shown in Section D.1. of this Agreement are lower than the maximum potential
STMP fees determined in the 2019 Nexus Update; therefore, the actual amount of
future STMP funding that may be awarded to each project is likely to be less than
the maximum potential amount.
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Note: The fees shown in Section D.1. have been set at 75% of the maximum potential
STMP fee determined in the 2019 Nexus Update report. Therefore, the values shown in
this table as the Possible STMP Amount Based on Fees in Section D.1. are 75% of the
Maximum Potential STMP Amount.
F. PROJECT IMPLEMENTATION
WCCTAC and AGENCIES will work to promote steady progress on all Projects, to the
extent that funding and Project readiness permit.
G. ADMINISTRATIVE OVERSIGHT AND COST RECOVERY
1. The following parties shall be entitled to recover the following costs and
expenses:
i. WCCTAC. WCCTAC is entitled to recovery of reasonable administrative
costs and expenses actually incurred, not to exceed 4% of the STMP fees
collected under this Agreement to provide the 2019 STMP services
relating to or incurred in the performance of the following duties:
coordination, administration and oversight of Project expenditures;
determination of the priority of fee disbursements; provision of general
management of the Projects; provision of financial and accounting
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services, including but not limited to serving as the repository of the
STMP fee revenues and other funds collected under this Agreement and
preparation of quarterly reports with the amount of fee revenues collected
and the distribution of fees to the Projects.
ii. AGENCIES. In addition to the STMP fee imposed by section D.1 above,
each AGENCY may impose an administrative fee payable to the
AGENCY at the time of issuance of a building permit as set forth in
Section D.2. The administrative fee shall be no greater than the cost
incurred by the AGENCY to adopt the ordinance or resolution establishing
the 2019 STMP and cost to collect, report, and transmit appropriate
reports and funds to WCCTAC.
H. TERM
The term of this Agreement shall commence on July 1, 2019, (the “Effective Date”) and
shall terminate on December 31, 2040, unless terminated earlier in accordance with the
terms of this Agreement.
I. TERMINATION
This Agreement will remain in effect until the termination date stated in Section H.
above, unless terminated earlier by written agreement of the Parties. However, in no
event shall the Parties to this Agreement terminate this Agreement if such a termination
would conflict with, cause a default under or otherwise violate the terms or conditions of
any revenue bonds.
J. INDEMNIFICATION
1. WCCTAC shall defend, indemnify, save and hold harmless the Cities of El
Cerrito, Hercules, Pinole, Richmond and San Pablo; and the County of Contra
Costa and their officers, agents and employees from any and all claims, costs and
liability arising out of or in connection with an act or failure to act under this
Agreement, or breach of any term of this Agreement, by WCCTAC, except to the
extent such claims, costs or liability arise from the negligence of El Cerrito,
Hercules, Pinole, Richmond, San Pablo, Contra Costa County or their officers,
agents or employees.
2. El Cerrito shall defend, indemnify, save and hold harmless WCCTAC; the cities
of Hercules, Pinole, Richmond and San Pablo; and the County of Contra Costa;
and their officers, agents and employees from any and all claims, costs and
liability arising out of or in connection with any act or failure to act under this
Agreement, or breach of any term of this Agreement, by El Cerrito, except to the
extent such claims, costs or liability arise from the negligence of WCCTAC,
Hercules, Pinole, Richmond, San Pablo, Contra Costa County or their officers,
agents or employees.
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3. Hercules shall defend, indemnify, save and hold harmless WCCTAC; the cities
of El Cerrito, Pinole, Richmond and San Pablo; and the County of Contra Costa
and their officers, agents and employees from any and all claims, costs and
liability arising out of or in connection with any act or failure to act under this
Agreement, or breach of any term of this Agreement, by Hercules, except to the
extent such claims, costs or liability arise from the negligence of WCCTAC, El
Cerrito, Pinole, Richmond, San Pablo, Contra Costa County or their officers,
agents or employees.
4. Pinole shall defend, indemnify, save and hold harmless WCCTAC; the cities of El
Cerrito, Hercules, Richmond and San Pablo; and the County of Contra Costa and
their officers, agents and employees from any and all claims, costs and liability
arising out of or in connection with any act or failure to act under this Agreement,
or breach of any term of this Agreement, by Pinole, except to the extent such
claims, costs or liability arise from the negligence of WCCTAC, El Cerrito,
Hercules, Richmond, San Pablo, Contra Costa County or their officers, agents or
employees.
5. Richmond shall defend, indemnify, save and hold harmless WCCTAC; the cities
of El Cerrito, Hercules, Pinole and San Pablo; and the County of Contra Costa
and their officers, agents and employees from any and all claims, costs and
liability arising out of or in connection with any act or failure to act under this
Agreement, or breach of any term of this Agreement, by Richmond, except to the
extent such claims, costs or liability arise from the negligence of WCCTAC, El
Cerrito, Hercules, Pinole, San Pablo, Contra Costa County or their officers, agents
or employees.
6. San Pablo shall defend, indemnify, save and hold harmless WCCTAC; the cities
of El Cerrito, Hercules, Pinole and Richmond; and the County of Contra Costa
and their officers, agents and employees from any and all claims, costs and
liability arising out of or in connection with any act or failure to act under this
Agreement, or breach of any term of this Agreement, by San Pablo, except to the
extent such claims, costs or liability arise from the negligence of WCCTAC, El
Cerrito, Hercules, Pinole, Richmond, Contra Costa County or their officers,
agents or employees.
7. Contra Costa County shall defend, indemnify, save and hold harmless WCCTAC;
the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo and their
officers, agents or employees from any and all claims costs and liability arising
out of or in connection with any act or failure to act under this Agreement, or
breach of any term of this Agreement, by Contra Costa County, except to the
extent such claims, costs or liability arise from the negligence of WCCTAC, El
Cerrito, Hercules, Pinole, Richmond, San Pablo, or their officers, agents or
employees.
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K. PRIMACY OF THE DOCUMENTS
If a dispute arises, the terms of this Agreement shall take precedence over the WCCTAC
Joint Exercise of Powers Agreement (“JEPA”) and /or the model Ordinance Establishing
the 2019 West Contra Costa Subregional Transportation Mitigation Program
(“Ordinance”).
L. ALTERNATIVE DISPUTE RESOLUTION
1. In General. This Paragraph L. establishes the exclusive process by which disputes
between or among the Parties to this Agreement concerning or relating to this
Agreement shall be resolved. The dispute resolution process established herein
shall apply to disputes related to the interpretation or enforcement of, or
compliance with, the terms and provisions of this Agreement. Disputes that are
not alleged to relate to the interpretation of, or compliance with, this Agreement
are not subject to this dispute resolution process.
2. Informal Conferral. If a dispute arises as described above in Paragraph L.1., the
parties to the dispute (the “Disputing Parties”) will first attempt to resolve it
through informal discussions, which may include designated representatives of
the staff of WCCTAC and AGENCIES, at their discretion. Disputing Parties will
advise the other Parties of the existence of a dispute and coordinate the date, time
and location of informal conferral. If that Informal Conferral is not successful,
then the Executive Director, City Managers and County Administrator shall meet
to attempt a resolution.
3. Mediation. In the event a dispute cannot be resolved through informal conferral
within twenty-one (21) calendar days, the aggrieved Disputing Party, acting
through its governing body, shall give written notice to all other Parties to this
Agreement, setting forth the nature of and basis for the dispute and facts
demonstrating that such Disputing Party is materially and adversely affected
thereby. The Disputing Parties, acting through their designated representatives,
including counsel, shall endeavor to settle the dispute by mediation. The
Disputing Parties shall select a neutral third party with expertise in land use
matters to mediate the dispute. The other Parties may, but are not required to,
participate in the mediation.
4. Judicial Review. The dispute resolution process described above shall be
undertaken in good faith and exhausted prior to resorting to judicial review;
provided, however, that by agreeing to this dispute resolution process, no Party
hereby loses or waives its right to sue under any applicable statute of limitations
or loses or waives its right to assert the operation of any applicable statute of
limitations as an affirmative defense. In the event that an applicable statute of
limitations would run during the pendency of the dispute resolution process
described above, the Disputing Parties shall agree in writing to toll such statute of
limitations for such period as may reasonably be necessary to complete the
dispute resolution process.
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5. Conduct of Judicial Review. Should any Party to this Agreement ultimately seek
judicial review of a dispute concerning or relating to the implementation,
interpretation or enforcement of, or compliance with, the terms and provisions of
this Agreement, all Parties will submit to the jurisdiction of a court of competent
jurisdiction; provided, however, that the Parties shall cooperate in seeking the
appointment of a neutral Judge as defined in California Code of Civil Procedure
section 394 to sit in Contra Costa County Superior Court, to preside over any such
dispute.
6. Equitable Relief. Because the amount of damages in the event of a breach of this
Agreement may be difficult or impossible to determine, the obligations of the
Parties to this Agreement shall be enforceable by specific performance or other
equitable relief, in addition to any other available remedy.
M. NOTICES
Any notices which may be required under this Agreement shall be in writing,
shall be effective upon receipt, and shall be given by personal service, by certified
or registered mail, or by U.S. mail, to the City Clerks of the cities of El Cerrito,
Hercules, Pinole, Richmond, and San Pablo; and to the Board Clerk for the
County of Contra Costa, and to the individuals and addresses set forth below, or
to such other addresses which may be specified in writing to the Parties.
To WCCTAC:
6333 Potrero Ave., Suite 100
El Cerrito, CA 94530
Attn: Executive Director
To City of El Cerrito:
10890 San Pablo Avenue
El Cerrito, CA 94530
Attn: City Clerk
To City of Hercules:
111 Civic Drive
Hercules, CA 94574
Attn: City Clerk
To City of Pinole:
2131 Pear Street
Pinole, CA 94564
Attn: City Clerk
To City of Richmond:
1401 Marina Way South
Richmond, CA 94804
Attn: City Clerk
To City of San Pablo:
13831 San Pablo Avenue
San Pablo, CA 94806
Attn: City Clerk
To County of Contra Costa:
651 Pine Street, 1st Floor
Martinez, CA 94553
Attn: Clerk of the Board of Supervisors
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N. ADDITIONAL ACTS AND DOCUMENTS
Each Party agrees to do all such things and take all such actions, and to make, execute
and deliver such other documents and instruments, as shall be reasonably requested to
carry out the provisions, intent, and purpose of the Agreement.
O. INTEGRATION
Except with respect to matters provided for in the JEPA and/or the Ordinance and subject
to the primacy of this Agreement as provided in Paragraph K hereto, this Agreement
represents the entire Agreement of the parties with respect to the subject matter hereof.
No representation, warranties, inducements, or oral agreements have been made by any
of the parties except as expressly set forth herein, or in other contemporaneous written
agreements.
P. AMENDMENT
This Agreement may not be changed, modified, or rescinded except in a written
instrument signed by all of the Parties. Any attempt at oral modification of this
Agreement shall be void and of no effect.
Q. INDEPENDENT AGENCIES
The Parties are and at all times shall be considered entirely independent parties. The
Parties will each act in an independent capacity and not as officers, employees or agents
of the other. No Party shall have the right to control the other, except as expressly
referenced in this Agreement. Nothing in this Agreement establishes, constitutes or shall
be construed to establish or constitute a partnership, agency or employment relationship
between the Parties.
R. ASSIGNMENT
The Agreement, and the rights, duties, and obligations of a Party hereunder, may not be
assigned, transferred, hypothecated, or pledged by any Party without the express written
consent of the other parties.
S. BINDING ON SUCCESSORS, ETC.
The Agreement shall be binding upon the successor(s), assignee(s), or transferee(s) of the
AGENCIES, or WCCTAC as the case may be. This provision shall not be construed as
an authorization to assign, transfer, hypothecate, or pledge this Agreement other than as
provided above.
T. SEVERABILITY
Should any part of this Agreement be determined to be unenforceable, invalid, or beyond
the authority of any Party to enter into or carry out, such determination shall not affect
the validity of the remainder of this Agreement which shall continue in full force and
Page 16 of 18
effect; provided that, the remainder of this Agreement can, absent the excised portion, be
reasonably interpreted to give effect to the intentions of the parties.
U. HEADINGS; RECITALS
The headings of sections, paragraphs and subparagraphs of this Agreement are included
for convenience only and shall not be deemed to constitute part of this Agreement or to
affect its construction. The recitals are intended to be, and shall be deemed to constitute,
part of this Agreement.
V. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be an
original and all of which together shall constitute one agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and
attested by their respective officers, duly authorized so to act, as of the date set forth in the first
paragraph of this Agreement.
City of Pinole
___________________________________
Mayor / City Manager
City of San Pablo
___________________________________
Mayor / City Manager
ATTEST:
________________________________
Pinole City Clerk
ATTEST:
________________________________
San Pablo City Clerk
APPROVED AS TO FORM:
________________________________
Pinole City Attorney
APPROVED AS TO FORM:
______________________________
San Pablo City Attorney
Page 17 of 18
County of Contra Costa
_________________________________
Chair, Board of Supervisors / County
Administrator
West Contra Costa Transportation
Advisory Committee
___________________________________
Chair
ATTEST: David Twa, Clerk of the Board of
Supervisors and County Administrator
________________________________
Deputy
ATTEST:
______________________________
Board Clerk
APPROVED AS TO FORM:
Sharon Anderson
___________________________________
County Counsel
APPROVED AS TO FORM:
______________________________
WCCTAC Legal Counsel
City of Hercules
___________________________________
Mayor / City Manager
City of El Cerrito
___________________________________
Mayor / City Manager
ATTEST:
________________________________
Hercules City Clerk
ATTEST:
______________________________
El Cerrito City Clerk
APPROVED AS TO FORM:
________________________________
Hercules City Attorney
APPROVED AS TO FORM:
____________________________
El Cerrito City Attorney
Page 18 of 18
City of Richmond
___________________________________
Mayor /City Manager
ATTEST:
________________________________
Richmond City Clerk
APPROVED AS TO FORM:
______________________________
Richmond City Attorney
3134047.1
Exhibit A: 2019 Nexus Update of the Subregional Transportation Mitigation Program
(STMP) Impact Fee (December 2018), accepted by WCCTAC Board on
December 14, 2018.
Exhibit B: 2019 STMP Fee Administrative Guidelines