HomeMy WebLinkAboutMINUTES - 10261993 - H.7 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: OCTOBER 26, 1993
SUBJECT: EAST COUNTY REGIONAL TRANSPORTATION PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I. Recommended Action:
Direct staff to work with the cities of Antioch, Brentwood and Pittsburg
to prepare a Joint Powers Agreement (JPA) based on the "Draft Principles
of Agreement, East County Sub-regional Fee" and return it for action by
the Board of Supervisors at the earliest possible date.
II. Financial Impact:
No general funds are involved. The program will assess fees on new
development to construct East County regional roads.
III. Reasons for Recommendations and Background:
Staff will present a report on the implementation of an East County sub-
regional transportation fee. The program is generally contained in a
proposal of the Building Industries Association. The program proposes
to set up a Joint Powers Agency to administer the program. Member
agencies will be the County and the cities of Antioch, Brentwood and
Pittsburg. The program will provide funds for construction on State
Route 4 in Pittsburg and Antioch, the State Route 4 Bypass and the
Buchanan Bypass. The program is based on a fee level of $4200 per
single family dwelling unit, as well as fees on multiple housing and
non-residential uses. The attached "Draft Principles" are the result of
preliminary negotiations with key management of each of the agencies.
Each of the agencies' City Councils will be briefed on the proposed JPA.
Once briefed, it is the goal that staff will be directed to finalize the
JPA, considering the comments policy makers made at those briefings.
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Continued on Attachment: SIGNATURE: /(
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER .
SIGNATURE(S):
ACTION OF BOARD ON October 26 , 1993 APPROVED AS RECOMMENDED x OTHER x
IT IS BY THE BOARD ORDERED that the above recommendation is APPROVED; and
staff is REQUESTED to report to the Board in October 1994 on the status of
this matter and to pursue with the building community funding mechanisms on
a regional basis including a concept of transportation infrastructure funding
that would give credit to communities where affordable housing is being
constructed .
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
LT:djh I hereby certify that this is a true and correct
cAagen\bo-26.t10 copy of an action taken and entered on the
minutes of the-Board of Supervisors on the
Originator:Trans. Engineering Div. date shown.
PA
contact person: L.Tunison 313-2382A7 rTESTED:
c: City Councils: PHIL BATCHELOR, Clerk of the Board
Antioch, Brentwood, Pittsburg of ervi s and Co nt Administrator
Bob McCleary,CCTA By a Deputy
Guy Bjerke, BIA p y
Transplan members
State Route 4 Bypass Authority
M.Shiu, Deputy Director/rrans.
Oct. 26, 1993 Board Order
subject: East County Regional Transportation Project
Page 2
IV. Consequences of Negative Action:
If the JPA is not instituted it would preclude a sub-regional fee
program to raise revenue for East County transportation facilities.
DRAFT PRINCIPLES OF AGREEMENT
EAST COUNTY SUB-REGIONAL FEE
October 5, 1993
JOINT POWERS AUTHORITY: It is presumed that the East County Sub-regional
Fee shall be collected and administered by a Joint Powers Authority comprised of
Antioch, Brentwood, Contra Costa County and Pittsburg, hereinafter referred to as
the "Authority." Institutional arrangements are outlined in (VI).
I. PROJEM. The sub-regional fee collected under this agreement shall be used solely
for the following highway and arterial improvements (hereinafter "the Projects") of
sub-regional and countywide significance:
1. Expansion of capacity of State Route 4 between Bailey Road in Pittsburg and
the junction of Route 4/160 in Antioch. (Sponsors: Pittsburg, Antioch, CC
County).
2. The Buchanan Bypass, extending from Somersville Road to Kirker Pass Road
in the City of Pittsburg. (Sponsor: Pittsburg).
3. The State Route 4 Bypass extending from the junction of Route 4/Route 160
in Antioch to Vasco Road and east to State Route 4, South of Brentwood.
(Sponsors: Antioch, Brentwood, CC County).
4. In the event that one or more of the Projects cannot proceed, substitute
project(s) can be implemented, subject to nomination by one or more of the
sponsoring jurisdiction(s), and approval by the Authority. It is expected that
a substitute project would (i) be of regional significance, (ii) be on a Route of
Regional Significance, and (iii) receive no funding beyond the balance
remaining that would be available for the original project. Approval of a
substitute project meeting these criteria by the Authority shall not be
unreasonably withheld.
11. FUNDING COMADITAENTS AND ELIGIBLE COSTS. Program revenues shall
be available for all necessary project costs through completion of construction for the
above projects. By way of illustration, costs shall include, but not be limited to,
environmental clearance, conceptual engineering, traffic studies, design, right of way
acquisition, utility relocation, legal and settlement costs, and construction. The
commitment to each project shall be considered complete when the project is
accepted by the sponsoring agency or jurisdiction. Funding below is in 1993 dollars.
1. Up to $110 million shall be made available for upgrading Route 4 between
Bailey Road and Antioch. (Estimated total cost: $234 million.).
r h .
DRAFT Principles of Agreement
East County Sub-Regional Fee
October 20, 1993
Page 3
2. Up to $ 4 million shall be made available by the Authority to the City of
Pittsburg for the Buchanan Bypass. (Estimated total cost: $19 million.)
3. Up to $75 million shall be made available for implementation of usable
segments of the State Route 4 Bypass. (Estimated total cost: $150 million.)
4. Costs eligible to be defrayed by the Authority will be determined by it using
consistent criteria and cost guidelines. The Authority will provide either
reimbursement of eligible costs in a timely manner, and may provide monthly
or quarterly advances of funds if it determines reimbursement would be
infeasible or impose an undue burden upon the sponsoring jurisdiction.
5. In recognition of the financial commitment represented by the collection of a
sub-regional fee, each jurisdiction shall be obligated to protect right of way by
requiring dedication at the time of development approval.
6. Each jurisdiction agrees not to take actions which would adversely impact the
cost of the subject projects, such actions including but not limited to utility
location, public developments, the granting of easements, etc.
7. The Authority shall also bear the cost to defend and indemnify legal challenges
to the fee program, which shall be defrayed from fee revenues.
III. UMPLEN ENTATION SCHEDULE. It is recognized that project implementation
schedules are dependent upon environmental clearance, right of way dedications and
acquisitions, utility relocations, and other factors. Recognizing those constraints, and
subject to the availability of adequate financing, it is the intent of the Authority that
the following implementation guidelines be followed:
1. The Authority shall make every effort to provide funds for the Buchanan
Bypass consistent with the cash flow requirements demonstrated by Pittsburg
to be necessary for timely implementation.
2. The schedule for Route 4 improvements will be designed to match other
funding provided by the Transportation Authority, the State, and other sources
to promote timely implementation of improvements. Projects shall be logically
phased to provide maximum traffic congestion relief, and promote system
admin\gen-93\emt-co2.fee
DRAFT Principles of Agreement
East County Sub-Regional Fee
October 20, 1993
Page 4
continuity with the Willow Pass Grade lowering and Bailey Road improvements
funded by the Transportation Authority.
3. It is the expectation of the jurisdictions that funding will be provided to support
steady progress in construction of the State Route 4 Bypass. Every effort
should be made to initiate construction on an initial project segment within the
first five years following execution of the JPA.
4. The Authority shall periodically prepare and adopt a Strategic Plan for
implementation of the projects, reflecting then-current information on project
costs and schedules, availability of other revenue sources, the pace of fee
collection, the schedule for and costs associated with the sale of bonds to
advance funds, and other relevant factors.
5. The Authority shall work to promote steady and coincident progress on all
three Projects, to the extent that financial resources and project development
timelines permit.
IV. FEES AND OTHER PLEDGES TO SUPPORT THE FINANCIAL SECURITY OF
THE JPA. It is the intent of each signatory to the JPA to promote the financial
stability and security of the JPA. To that end, the signatories agree to the following:
1. A fee schedule applicable January 1, 1994 as follows:
Unit Type Fee/Unit*- Unit
Single Family * $4,200 dwelling
Multi-Family ** 3,375 dwelling
Commercial $0.55 sq/foot
Office 0.57 sq/foot
Industrial 0.30 sq/foot
* Note: Single-Family is defined as individual units or duet homes with one
shared wall.
** Note: Multi-Family is 80% of Single-Family.
2. Existing fees for traffic mitigation in Pittsburg and Bay Point and sub-regional
fees dedicated to the State Route 4 Bypass in the City of Brentwood, and in
the Oakley,North Brentwood,Discovery Bay and East County Areas of Benefit
admin\gen-93�ewt-co2fee
DRAFT Principles of Agreement
East County Sub-Regional Fee
October 20, 1993
Page 5
shall generally count as a credit against the above fee schedule. The fee credits
assigned to each jurisdiction shall not be escalated.
3. The fee shall be uniformly increased by each jurisdiction, effective January 1
of each year, based on the increase in the Consumer Price Index (CPI) for the
San Francisco Bay Area as determined by the JPA no later than October 1 of
the preceding year.-
4. "Pay as you go" financing or bond financing may be used to fund the projects.
If the Authority determines that one or more issues of bonds are to be sold to
advance projects, the fees shall be used as security for selling the bonds.
5. In the event that bonds are issued, additional financial security shall be pledged
by the jurisdictions as determined necessary by the Authority, and agreed to by
each jurisdiction in advance of each sale. Pledged revenues may include the
local gas tax or a portion of it, Measure C local 18 percent funds or a portion
thereof, or other revenues. Failure to approve sufficient development to
provide anticipated revenue, or failure to construct a subject project, shall not
relieve a jurisdiction of its bond obligations under this agreement.
V. FEE COLLECTION AND MANAGENIENT.
1. The Authority shall designate a "fiscal agent" to manage the accounts, pay the
bills,direct the investments, and perform other financial functions as necessary.
2. Fee revenues collected shall be transferred monthly from each jurisdiction to
the Authority.
3. Fees and other revenue, including interest earnings, special contributions, etc.,
shall be held by the Authority in a "general fund" account.
4. Bond proceeds shall be held in a special account, and may be invested in a
program such as the "CAMP' program.
5. All interest accruing to the funds held by the Authority shall be treated as
revenues for the entire program.
admin\gen-93\east-co2lee
DRAFT Principles of Agreement
East County Sub-Regional Fee
October 20, 1993
Page 6
6. Unless otherwise approved by the Authority and a member agency, the total
obligation of each member agency to the Authority will be to contribute the
funds collected pursuant to the agreed-upon development fee. Fees will be
collected until the PROJECTS identified in (II.) have been completed, or the
level of funding specified in (II.) to be made available for each project has
been contributed to them, whichever comes first.
7. If the Authority, following the approval of each member agency's Board,issues
bonds secured by future fee revenue, each member agency will be obligated to
pay an assigned minimum annual payment, as specified in the mutually
approved bond financing program.
VL INSTITUTIONAL ARRANGEMENTS
1. The Joint Powers Agreement (JPA) will create an "Authority" to provide
financial management, policy oversight, and general administration for the
Policy Board which will manage the East County Sub-Regional Fee Program.
2. The Authority is separate from and independent of any existing agency or other
Authority.
3. The Authority will initially be comprised of one representative each, who shall
be a council member or mayor, from the Cities of Antioch, Brentwood, and
Pittsburg and one member of the Contra Costa County Board of Supervisors.
4. Members shall be appointed by majority vote of the Board of the jurisdiction
which they represent.
5. The Authority shall adopt an Administrative Code or other instrument
specifying the terms and other aspects of service for Board representatives.
6. Each jurisdiction represented shall have one vote.
7. In the event that additional cities come into being during the life of the
Authority, the Authority will recommend that the Local Agency Formation
Commission (LAFCO) require, as a condition of approval of incorporation,
adminNgen-9Amst-co2lee
DRAFT Principles of Agreement
East County Sub-Regional Fee
October 20, 1993
Page 7
that the new city act as a successor in interest to the County for that area,join
this Authority, and agree to the terms and conditions then in existence.
8. Subsequent to the completion of the events in (7), the new city would become
a voting member of the Authority, and the Board would be expanded to
include the new city's representative.
9. If requested by the JPA, the County will provide staff to support the activities
of the JPA, the costs of such staff to be reimbursed from fee revenue. The
JPA will also be advised by a Technical Advisory Committee (TAC) to be
comprised of one staff member from each jurisdiction, and other technical
participants as determined by the JPA to be appropriate.
VII. OTHER TERMS AND CONDITIONS
1. Each jurisdiction shall exercise prudent judgement and care to accomplish the
objectives of this agreement, and shall take all necessary steps to preserve and .
protect right of way, facilitate project development, and promote timely
implementation of the projects which are the object of this agreement.
2. Termination of this agreement may be exercised by any party to it with 60 days
notice. Notwithstanding such termination, any terminating jurisdiction will (i)
remain financially liable for its share of long-term financing obligations entered
into during its tenure on the Board, and (ii) be subject to an additional
assessment if the Board determines that it has received more funding than it
has contributed and will contribute under (i), such assessment to represent the
difference between what it has received and what it has already contributed
and will contribute under (i).
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