HomeMy WebLinkAboutMINUTES - 12201994 - H5 4.3
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: December 20, 1994
SUBJECT: Hearing on the Formation of the Oakley Median Island Fee Area
Project No. 0676-2310-6P4300 CDD-CP #94-55
RESOLUTION NO. 94/_
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. It is recommended that the Board take the following actions:
1. ADOPT and APPROVE the Development Program Report pertaining to the
formation of the Oakley Median Island Fee Area.
2. DETERMINE that the activity, the formation of the Oakley Median Island Fee Area,
is not subject to the California Environmental Quality Act (CEQA) pursuant to Article
5, Section 15061(b)(3) CEQA guidelines.
3. DIRECT the Director of Community Development to file the Notice of Exemption
(the custodian of which is the Chief Engineer who is located at 255 Glacier Drive,
Martinez) with the County Clerk.
4. DIRECT the Public Works Director to arrange for payment of the $ 25.00 handling
fee to the County Clerk.
5. DETERMINE that a majority protest does not exist.
6. INCORPORATE in this resolution by reference the boundaries, costs, and method
of fee apportionment set forth in the Develo ment r gram Report and the attached
ordinance.
Continued on Attachment: X SIGNATURE: w '
_RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 0 W4 14PPROVED AS RECOMMENDED_OTHER
Vfs OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES• NOES:
ABSENT: ABSTAIN:
HB:DS:eh
c:B020a.tl2
Orig. Div: Public Works(T/E)
Contact: Rob Tavenier,Tel.313-2256 1herebyWIRY that this Isatrueandcorrectcopyot
cc: M.Shiu, Deputy PW Director an action taken and entered on the minutes of the
Board of Suppers on the date shown.
Community Development aTTt:srt:o:
Public Works Accounting PHIL BATCHELOR,C erk of the Board
County Auditor-Controller of Supervisors and unty Administrator
Treasurer-Tax Collector
Design-Environmental By ,0eputy
Formation of the Oakley Median Island Fee Area
December 20, 1994
Page 2
I. Recommended Action: (Cont.)
7. DIRECT the Director of Public Works and Auditor/Controller to establish a trust fund
for the Oakley Median Island Fee Area, and that this trust fund shall now be specific
for the Oakley Median Island Fee Area, and that the Treasurer shall continue the
investment of said monies with interest to accrue in the trust fund account.
8. DIRECT the Public Works Department and Department of Community Development
to review the fee schedule every January 1 the Fee Area is in effect, and to adjust
for the effects of inflation as described in the attached ordinance. The adjustment
for inflation is not subject to CEQA.
9. DIRECT the Director of Community Development to monitor future amendments to
the currently adopted General Plan and their impact on traffic within the Oakley
Median Island Fee Area, and to report those amendments to the Public Works
Director as necessary to facilitate updating of the Oakley Median Island Fee Area,
and to make recommendations to the Board.
10. DIRECT the Public Works Department and Department of Community Development
to comply with CEQA on development application and road projects to be
constructed pursuant to the Development Program Report for the Oakley Median
Island Fee Area.
B. It is recommended that the Board ADOPT the attached ordinance, which forms the Oakley
Median Island Fee Area, and ordains the following:
Traffic Mitigation Fees (Ordinance No. 94 - 80 )
1. Adopt traffic mitigation fees, as recommended in the Development Program Report.
2. Adjust the fee schedule every January 1 that the Fee Area is in effect, to account
for the affects of inflation and that at no time will the fee schedule be increased at
a rate of more that 5% per year.
II. Financiallmoact:
The total estimated cost of the road improvement projects identified in the Program Development
Report for the Oakley area, is approximately $2.2 million. Adoption of the Area of Benefit will
generate approximately$2.1 million for median island construction projects, when all the fees are
collected by the year 2010 target date. Existing funds held in trust for median island construction
projects is approximately $150,000.
111. Reasons for Recommendations and Backaround:
Currently, developments along some of the major arterials in the Oakley area are required to
construct their "share" (normally one-half of the median island along their frontage) of median
island improvements. These major arterials include: Oakley Road, Empire Avenue, rLaurel Road,
O'Hara Avenue and State Route 4.
Because parcels tend to develop in a random fashion, it is difficult to predict and to plan for
median island construction. Piecemeal construction of median islands is at times not feasible due
to vertical or horizontal realignment of the existing roadway facility. In addition it is also more
economical if a sizeable portion of median island is constructed at one time. There is also the
issue that some parcels may never develop, thus creating a "gap," unless an alternate source of
funding can be found.
III. Reasons for Recommendations and Background: (Cont.)
The intent of this fee program is to transform the unpredictable, often sporadic nature of median
island construction that exists today, into a uniform system of revenue collection that will provide
Formation of the Oakley Median Island Fee Area
December 20, 1994
Page 3
funds for the systematic construction of the median island network. Since the increased safety
and capacity provided by the median island network will help accommodate the increased traffic
generated by new development in the Oakley area, the proposed fee was proportioned by the
number of peak hour trips generated by a particular type of development.
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 fee area and as a condition of issuing a building permit. The Public Works
Director and Director of Community Development have completed a Development Program
Report for the Oakley Median Island Fee Area, which was filed with the Clerk of the Board.
Notice of the hearing was duly given in accordance with Government Code Sections 54986,
65091, 66016, and 66484.
IV. Consequences of Negative Action:
Failure to form the Oakley Median Island Fee Area will result in maintaining the status quo in
regards to median island construction. Alternate sources of funding will have to be found in order
to construct the potential gaps in the median island network.
Ordinance No. 94 - 80
Oakley Median Island Fee Area
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. SUMMARY. This ordinance provides for the formation of the Oakley Median Island Fee,
and the adoption of fees to be collected from developments proposed in the Oakley Median Island Fee
Area located in unincorporated Contra Costa County to fund road improvements.
SECTION 11. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION 111. 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 IV. FEE ADOPTION. The following fees to fund median island improvements are adopted
for the Oakley Median Island Fee Area, as established by Resolution 941637 dated December, 1994
and shall apply to all development within the Fee Area:
Land Use Recommended Fee
Single Family Residential $254 per Dwelling Unit
Multi Family Residential $203 per Dwelling Unit
Commercial $0.48 per SF
Office $0.41 per SF
Industrial $0.28 per SF
Other $254 per peak hour trip
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title
9 (Subdivisions) of the Contra Costa County Ordinance Code.
SECTION V. FEE AREA. The fee area shall include all of the unincorporated area within the Oakley
Median Island Fee Area with the following exception:
1. Any development required under conditions of approval to construct certain off-site road
improvements in lieu of fee payment.
The boundaries of the Oakley Median Island Fee Area as established by Resolution No. 941637
adopted December 20, 1994 are described in Exhibit A attached to this Ordinance.
SECTION VI. SENIOR HOUSING. Nothing in this Ordinance shall be construed to abridge or modify
the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant
to Government Code Section 65915, to adjust or waive the fees provided for this ordinance.
SECTION VII. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance
is to generate funds to finance improvements to certain major thoroughfares in the Oakley area. The
fees will be used to finance the median island improvements listed in the Development Program Report.
As discussed in more detail in said report, there is a reasonable relationship between the fees and the
types of development projects that are subject to the fees in that the development projects will generate
additional traffic on major thoroughfares in the Oakley area, thus creating a need to expand, extend
or improve the existing major thoroughfares to mitigate adverse traffic and infrastructure impacts that
would otherwise result from such development projects.
SECTION Vill. 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 IX. REVIEW OF FEES. Project cost estimates shall be reviewed January 1 of every year
that the Oakley Median Island Fee Area is in effect. The fee schedule shall be adjusted annually to
account for inflation using the State of California Construction Cost Index as published annually by the
California Department of Transportation. At no time will the fee schedule be increased at a rate of
more that 5% per year due to inflation.
SECTION X. EFFECTIVE DATE. This ordinance shall become effective 60 days after.possage, and
within 15 days of passage, shall be published once with the names of the Supervisors voting for and
against it in the Daily Ledger, a newspaper of general circulation published in the Oakley area.
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.
PASSED and ADOPTED on December 20, 1994 , 1994 by the following vote:
AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
Attest: Phil Batchelor, Clerk of
the Board of Supervisors and County
Administrator
,� n� �
By: �a�Q�n�_ r rllm,
Deputy Board Chair
HJB:RBT:ds
C:medORD.t12
Attachments
Boundary Description
Oakley Median Islarid'Fee Area,
Oakley
EXHIBIT A
Real property in the Oakley area of Contra Costa County, California, bounded on the north by the
north bank of Big Break, bounded on the east by Sellers Avenue, bounded on the south by Delta
Road and Neroly Road, bounded on the southwest by Southern Pacific Railroad, bounded on the
west by State Freeway Route 4 and State Highway Route 160, and described as follows:
Beginning at the southeast comer of Section 31, Township 2 North, Range 3 East, Mount Diablo
Merman, being a street monument marking the centerline intersection of Sellers Avenue and Delta
Road;thence from the Point of Beginning, along the south line of said Section 31 and the south lines
of,Sections 36 and 35 (T2N, R2E), westerly 15,022.69 feet, to the northeast right of way line of
Southern Pacific Railroad; thence along said railroad right of way in a general northwesterly direction
11,665 feet, more or less, to the east right of way line of State Freeway Route 4; thence along said
east line in a general northerly direction 4,850 feet, more or less, to the highway interchange at the
south line of the north half of Section 21 (T2N, R2E);thence along said south line, westerly 220 feet,
more or less, to the southern prolongation of the east right of way line of State Highway Route 160;
thence along said prolongation and east line, in a general northerly direction 3,500 feet, more or less,
to the northeast comer of that parcel described in the deed to Robert W. Wiley et al. recorded
February 14, 1991 in Volume 16401 of Official Records at page 50; thence crossing Bridgehead
Road, easterly 60 feet, to the east right of way line thereof, thence along said east line, northerly
1,300 feet, more or less, to the south comer of that parcel described in the deed to the State of
California Department of Fish and Game recorded December 11, 1970 in Volume 6273 of Official
Records at page 310; thence along the east line thereof, north 11°4324" east 723.47 feet and north
0"46'30"east 58 feet, to the north line of those parcels described in the deed to TAPJM, a California
Umited Partnership, recorded December 8, 1993 in Volume 19244 of Official Records at page 912;
thence along said north line, easterly 400 feet, to the west line of that 15.15 acre PARCEL ONE
described in EXHIBIT"B"the deed to Christian A Lauritzen III recorded August 25, 1989 in Volume
15292 of Official Records at page 943; thence along said west line, northerly 70 feet, more or less,
to the north line thereof; thence along said north tine, easterly 60.6 feet and easterly 523.32 feet, to
the northeast comer of said PARCEL ONE; thence southeasterly 4,850 feet, more or less, to the
southeast comer of Section 15 (UN, R2E), also being an angle point on the west line of Subdivision
MS 57-84 filed October 18, 1985 in Book 119 of Parcel Maps at page 5; thence along the boundary
thereof as follows: 1) north 0'57'50" east 2,991.62 feet, 2) north 55°17'42" east 1,014.1 feet, 3)
north 22°3(Y32"east 463.96 feet, 4) north 26008'34"east 645.97 feet, 5) north 83"19'50" east 569.18
feet, 6)south 85°4627" east 550.19 feet, and 7) south 74"06'38" east 250 feet, more or less, to the
centerline of Section 14 (T2N, R2E); thence along said centerline, northerly 500 feet, more or less,
to the north bank of Big Break; thence along said north bank in a general easterly direction 15,000
feet, more or less, to the northern prolongation of the centerline of Sellers Avenue on the east line
of Section 19 (T2N, R3E); thence along said east line and the east lines Sections 30 and 31 (T2N,
RK), southerly 10,265 feet, more or less, to the Point of Beginning.
Bearings are based on the California Coordinate System Zone III (CCS27).
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