HomeMy WebLinkAboutMINUTES - 11031992 - H.2 H.2�
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: 3, 1992--i
SUBJECT: Revision of the Discovery Bay Area of Benefit fee schedule and boundaries. YY rr
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
1. It is recommended that the Board ADOPTthe attached resolution, which resolves the
following:
a. That the Area of Benefit update has been determined to be a project not subject
to the California Environmental Quality Act.
b. Directs the Director of Community Development to file a Notice of Exemption.
C. Directs the Public Works Director to arrange for payment of the $25.00 handling
fee to the County Clerk for filing the Notice of Exemption.
d. Determines that a majority protest does not exist.
e. Adopts the revised Development Program Report which recommends the following
fee:
Single Family Residential $2,625/Dwelling Unit
f. Authorizes the continuation of a separate Trust Fund Account for the Delta
Expressway portion of the Area of Benefit fee.
g. Directs the.Public Works Director and the Director of Community Development to
work with local agencies to assist in reviewing the fee sche 1 periodically, and
making their recommendations to the Board of Sup rvis r `
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November 3, 1992 APPROVED AS RECOMMENDED X OTHER _
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: f hereby certify that this is a true and correct copy:if
an action taken and enteidd on the minutes of the
NW/eh:lv:fp Board of Supervisors on the date shown.
c:BR20.t10 ATTESTED: H 19 It
Contact: Nancy Wein, Tel. 313-2275 PHIL BATCHELOR,Cterk of the Board
of Supety wm and n4►Administrator
Orig. Div: Public Works (Road Engineering) '
cc: See Page 3 '
X
Revision o_f Discovery Bay Area of Benefit
November 3, 1. 992
Page 2
I. Recommended Action: (Cont.)
h. Directs the Director of Community Development to monitor future amendments to
the currently adopted General Plan within this Area of Benefit and their impact on
the Area of Benefit and to report those amendments to the Public Works
Department.
L Directs the Public Works Director to amend the Development Program Report as
necessary to reflect General Plan Amendments and make recommendations to the
Board of Supervisors.
2. It is recommended that the Board ADOPT the attached ordinance which ordains the
following:
Road Fees (Ord. No. 92-80)
a. Adopt fees as recommended in the revised Development Program Report.
b. Adopt revised boundaries as shown and described in said report.
3. Further it is recommended that the Board:
a. DIRECT the County's Public Works Department to provide an annual financial
report detailing revenues received and expenditures from the Area of Benefit to the
Discovery Bay Traffic Advisory Committee and Municipal Advisory Council.
H. Financial Impact:
Adoption of the revised Area of Benefit will generate approximately $1,207,500 million when all
the fees are collected by the year 2005 target date. These funds will be used for road
improvements identified in the revised Development Program Report.
III. Reasons for Recommendations and Background:
The Discovery Bay Area of Benefit is being revised to reflect an updated project list, project costs
and land use information. The existing Area of Benefit boundaries have been slightly modified to
include an area northwest of the original boundaries adopted in 1979. In addition, the revised fee
includes an increase in the Discovery Bay Area of Benefit contribution to the Delta Expressway.
The Discovery Bay Area of Benefit was established in 1979 as the "State Route 4 -Borden Junction
to East Boundary of Discovery Bay" Area of Benefit. The name for the Area of Benefit was
officially changed in 1981 when the fee was first revised. The last revision to the current fee was
in 1987. At this time, the Delta Expressway and related road improvements were added to the
project list.
The County Public Works Department has met with the Discovery Bay Traffic Advisory Committee
to discuss and develop the cost estimates, project list and growth projections. The Traffic Advisory
Committee passed a resolution on April 29, 1992 recommending the approval of the revised Area
of Benefit. The Public Works staff has also met with the Municipal Advisory Council for Discovery
Bay and have their concurrence on the revised Area of Benefit. The concept of the proposed fee
increase was approved by the Municipal Advisory Council on September 2, 1992.
The recommended fees will be used to fund the construction of improvements to the Discovery Bay
road network as described in the Development Program Report, Appendix B. In addition,
Revision of Discovery Bay Area of Benefit
'Novenber`3, 1992.
Page 3
a portion of the fee will fund Discovery Bay's share of the Delta Expressway and East-West
connector to State Route 4. This Area of Benefit will finance road improvements needed to meet
traffic level of service and safety demands from new development. The road improvement plan
has been produced by the County Public Works Department with the aid of the Discovery Bay
Traffic Advisory Committee and the Municipal Advisory Council to allow the orderly development
of the road network.
The projected increase in peak-hour traffic due to new development on the Discovery Bay road
network and immediate vicinity will reduce the quality of travel in the Discovery Bay area.
Approval of the fee revision will require that all new development (single-family residential) will
pay their fair share of road improvement costs.
The County will act as the lead agency for the purposes of compliance with CEQA. This will
involve the establishment and updating of the Area of Benefit, the collection of fees and the
construction of road improvements. The revision of the Area of Benefit was determined not to be
a project subject to the California Environmental Quality Act.
Notification of this hearing was made by publishing in the Antioch Ledger, a newspaper of general
circulation in the area. A copy of the notification is attached.
IV. Consequences of Negative Action:
Failure to establish the Discovery Bay Area of Benefit will result in a significant increase in traffic
congestion and road related accidents, thus diminishing the quality of life for Discovery Bay
residents.
cc: CAO
Community Development Director
Public Works Director
Building Inspection
Auditor/Controller
Treasurer/Tax Collector
County Counsel_
Accounting, Public Works
Building Industry Association
Davidon Homes
Hofmann Company
" H.2
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
Adopted this Resolution on�,November 3;1992 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson and McPeak
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 92/ 753
SUBJECT: IN THE MATTER OF ADOPTING THE REVISED DEVELOPMENT
PROGRAM REPORT, AND REVISING ESTIMATED COSTS, COST
ALLOCATION, BOUNDARIES, FEE APPORTIONMENT AND FEES
FOR THE DISCOVERY BAY AREA OF BENEFIT, AND
AUTHORIZING A SEPARATE TRUST FUND FOR THE DELTA
EXPRESSWAY PORTION OF THE AREA OF BENEFIT FEE.
The Board FINDS and DETERMINES that:
Government Code Section 66484 and Division 913, Title 9, of the Contra Costa County
Ordinance Code provide for assessing and collecting fees for bridge and/or major
thoroughfare construction within a designated area of benefit as a condition of approval of
a final subdivision map or as a condition of issuing a building permit; and
The Public Works Director and the Director of Community Development have completed
a Revised Development Program Report for the Discovery Bay Area of Benefit which was
filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with
Government Code Sections 54986, 65091, 660167 66017 and 66484; and
The Delta Expressway is a proposed transportation facility that will benefit the entire region
and as such is being funded by several cities and County areas of benefit, including the
Discovery Bay Area of Benefit. Since the Delta Expressway is a major project requiring
specific funding from various sources, including this and other areas of benefit, the portion
of the Discovery Bay Area of Benefit fee identified in the Revised Development Program
Report for the Delta Expressway should be held in a separate fund account; and
It has been determined that the area of benefit update is not a project subject to the
California Environmental Quality Act. The Board hereby CONCURS in the finding that the
update is not a project and DIRECTS the Director of Community Development to file a
Notice of Exemption with the County Clerk and DIRECTS the Public Works Director to
arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of
Exemption; and
The improvements described in the Revised Development Program Report are necessary
and desirable within the area of benefit and immediate vicinity, in that the improvements
furnish a direct, efficient and cost effective means of moving traffic within the area of benefit
and immediate vicinity, and in that the improvements are required to reduce the traffic
congestion, delay, economic loss, stressful driving conditions and degradation of air quality
within the area of benefit and immediate vicinity; and
The purpose of the fees described in this resolution is to generate monies to finance
improvements to certain bridges and major thoroughfares in the Discovery Bay area. The
fees will be used to finance the road improvements listed in the above-described Revised
RESOLUTION NO. 92/ 753
}
Adopt R*evised Discovery Bay Area of Benefit
IJo� ber 3, 1992_
Page 2
Development Program Report. As discussed in more detail in said report, the types of
development that are subject to the fees will generate additional traffic on bridges and major
thoroughfares in the Discovery Bay area, thus creating a need to expand, extend or improve
existing bridges and major thoroughfares and a need to construct new bridges and major
thoroughfares. Use of the fees paid by each type of development will provide necessary
infrastructure to mitigate adverse traffic impacts that would otherwise result from such
development; and
A majority protest does not exist, inasmuch as a written protest has not been filed by the
owners of more than one-half of the area of the property to be benefitted by the
improvements.
The Board hereby APPROVES and ADOPTS the Revised Development Program Report
pertaining to the Discovery Bay Area of Benefit, its boundaries, estimated cost of
improvements, cost allocation, method of fee apportionment, revised fee and provision that
the interest accrued on the fees collected in this area of benefit shall continue to accumulate
in the same account and shall be used to cover the cost of administration, design and
construction of the fee area improvements, and REVISES the area of benefit in accordance
with the Revised Development Program Report.
The Board hereby intends to ADOPT the following revised fee schedule by ordinance, as
recommended in the Revised Development Program Report: Residential Single Family,
$2,625 per dwelling unit.
The Board of Supervisors of Contra Costa County RESOLVES as follows:
The Board DIRECTS the Public Works Department and the Department of Community
Development to work with communities in the Discovery Bay area and with local and State
agencies in periodically reviewing the fee schedule for the Board's consideration.
The Board DIRECTS the Director of Community Development to closely monitor future
amendments to the adopted General Plan within this area of benefit and their impact on
traffic and the area of benefit and to report those amendments to the Public Works
Department. The Board DIRECTS the Public Works Director to amend the Development
Program Report as necessary to reflect General Plan amendments and report to the Board
for consideration.
The Board DIRECTS the Clerk of the Board to file certified copies of this resolution and
Ordinance No. 92-80 with the County Recorder, as specified in Section 913-6.026 of the
Contra Costa County Ordinance Code.
NW:eh:fp
c:BR20.t10
! hereby certify that this is a true and correct copy
Orig. Dept.: Public Works Depart. (RE) an action taken and enteibd on the minutes of the
Contact: Nancy Wein, Tel. 313-2275 3oard of Supervi ®gn'he da vn.
cc: County Administrator ATTESTED: Y 'j
Community Development Director
PHIL BATCHELOR,clerk of the Board
Supen11°Om and county Administrator
Public Works Director
Building Inspection By n�4 ��..., ,l .Deputy
County Auditor/controller
County Treasurer/Tax Collector
County Counsel
County Recorder
Public Works/Accounting
Discovery Bay TAC
Discovery Bay MAC
Building Industry Association
Davidon Homes
Hofmann Company
c�
ORDINANCE NO. 92- 8o :
(increasing Fees for the Discovery Bay
Area of Benefit and Replacing Resolution No. 87/662)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION i. Summary. This ordinance provides for an increase in the fee to be collected
from developments proposed in the Discovery Bay Area of Benefit to fund road
improvements in the Discovery Bay area and for a revision to the existing Area of Benefit
4.
boundaries.
SECTION II. Replacement. Resolution No. 87/662 shall be repealed and replaced by this
ordinance.
SECTION III. Author' . 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. Notice and Hearing. This ordinance was adopted pursuant to the
procedure set forth in Government Code Sections 54986, 65091, 66016, 66017, and
66484, and Division 913, Title 9, of the Contra Costa County Ordinance Code, and all
required notices have been properly given and public hearings held.
SECTION V. Fee Revision. The following revised fees are hereby ADOPTED for the
Discovery Bay Area of Benefit to fund bridge and major thoroughfare improvements, as
described in the Revised Development Program Report, and shall be LEVIED and
COLLECTED pursuant to the above authorities:
Single Family Residential $2,625/Dwelling Unit
The revised fees shall be payable as specified in Chapter 913-4 of the Contra Costa
County Ordinance Code.
SECTION VI. Fee Area. The revised fees described in this ordinance shall apply to all
property desctibed in Exhibit "A" attached hereto.
SECTION VII. Severability. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent jurisdiction,that holding shall not affect the validity
or enforceability of the remaining fees or provisions, and the Board declares that it would
have adopted each part of this ordinance irrespective of the validity of any other part.
SECTION Vill. Effective Date. This ordinance shall become effective 60 days after
passage, and within 15 days of passage, shall be published once with the names of the
Supervisors voting for and against it in the Antioch Ledger, a newspaper of general
circulation published in this County. Pursuant to Section 913-6.026 of the Contra Costa
County Ordinance Code, the Clerk of the Board shall promptly file a certified copy of this
ordinance with the County Recorder.
SECTION IX. Existin Fee. The replacement of Resolution No. 87 662 shall not affect
P / any
fees accrued thereunder prior to the effective date of this ordinance, and such fees shall
remain subject to payment and collection.
PASSED and ADOPTED on November 3. 1992 by the following vote:
AYES: Supervisors Powers, .Fanden, Schroder, Torlakson and Mcpeak
x:
Y
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
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Deputy Board Chair
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Discovery Bay AOB
W0. 4065
EXHIBIT NAN
A portion of Sections 23, 24, 25, 26, 35 and 36, Township 1 North, Range 3 East, Mount Diablo
Meridian, in the county of Contra Costa, California, described as follows:
Beginning at a 2-inch Iron Pipe at the southwest comer of that parcel of land, described in the deed
to Cechini Robert, Inc., recorded July 10, 1989 in Volume 15185 of Official Records at page 325,
being also on the north right of way line of HIGHWAY 4; thence from the Point of Beginning, north
89°1229"west 4750.91 feet to a 3/4-inch bolt and washer; thence south 86036'24u west 66726 feet
to a 1-1/2-inch iron pipe; thence north 86°45'06"west 741.00 feet to a 5/8-inch rebar; thence south
8901312" west 533.12 feet to a 5/84nch rebar; thence south 78000'07`' west 1258.93 feet; thence
southwesterly along a tangent curve to the right having a radius of 382.00 feet through an angle of
12043'31u,
an arc distance of 84.84 feet; thence tangent to said curve north 89°16'22" west 15.30
feet; thence south 0°59'09"west 60.00 feet; thence north 89°16'22"west 1321.79 feet; thence north
005627`' east 2639.76 feet; thence north 0°59'32" east 2645.39 feet; thence south 89°08'09" east
=i 1388.00 feet;thence north 47`37'44N east 1515.37 feet; thence northeasterly along a tangent curve
to the left having a radius of 660.00 feet through an angle of 14002'20" an arc distance of 161.72
r feet; thence north 47°23'00"east 123.10 feet; thence north 16°18'57`'east 489.23 feet; thence north
15055'12' east 300.00 feet; thence north 1504332" east 600.21 feet; thence north 14°59'1 T' east
344.51 feet; thence north 17°33'17"east 300.09 feet; thence north 16003'32" east 220.63 feet to the
most westerly comer of Lot 18, as shown on Subdivision 5811, filed March 13, 1980 in Book 236
Of Maps at page 4; thence north 16°03'32"east 139.38 feet; thence north 18°40'12" east 26.73 feet;
thence north 4000'53"west 202.00 feet, more or less;thence north 12034'30"west 273.00 feet, more
or less; thence north 37034'30" east 205.00 feet, more or less; thence south 42027'30" east 215.00
feet, more or less; thence north 33°30'07"east 75.00 feet, more,or less; thence north 14018'00"east
rt. 260.00 feet; thence north 19°12'00" west 27.72 feet; thence north 82°00'00" east 15.00 feet, more
or less; thence north 55°00'00" east, 130.00 feet, more or less; thence north 32°49'38" east 15.00
feet, more or less;thence north 32036'09"west 30.00 feet, more or less;thence north 82°50'17"east
374.00 feet, more or less; thence north 83°14'07" east 507.95 feet; thence north 84°25'17`' east
329.57 feet;thence north 81053'52"east 419.06 feet;thence north 82039'37`'east 300.01 feet;thence
y north 82037'22" east 300.02 feet; thence north 82°25'02" east 265.01 feet; thence north 82°22'27'
east 570.10 feet; thence north 87°17'02" east 82.74 feet; thence south 58054'13" east 168.88 feet;
thence south 69°31'13" east 43.97 feet; thence north 82°38'57`' east 172.35 feet; thence south
87`58'43" east 73.67 feet; thence south 83°56'58" east 246.74 feet; thence south 79055'08" east
176.44 feet; thence north 77°14'02" east 62.13 feet; thence north 57°14'12" east 49.86 feet; thence
north 43006'52"east 26.12 feet; thence north 21°4637"east 32.03 feet; thence north 14054'32"east
55.15 feet; thence north 2°38'12" east 76.77 feet; thence north 10°04'07`' east 93.55 feet; thence
north 27`3247`'east 87.19 feet; thence north 34°36'52"east 63.80 feet; thence north 45°23'17"east
71.36 feet; thence north 35001'32" east 173.30 feet; thence north 44°21'42" east 78.12 feet; thence
north 67°09'37`'east 76.44 feet; thence south 81°13'28'east 71.20 feet; thence south 70022'33"east
96.67 feet; thence south 7100213" east 80.05 feet; thence south 76051'23" east 3.33 feet; thence
south 89002'35" east 779.76 feet; thence south 0°57'32" west 216.15 feet; thence south 77022'13"
east 31.45 feet; thence south 13°53'01" west 327.93 feet; thence south 0°44'31" west 9790.61 feet,
to the Point of Beginning.
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