The URL can be used to link to this page

Home My WebLink AboutMINUTES - 11191996 - SD4 - -- TO: BOARD OF SUPERVISORS i - �- - . Contra ` f Costa FROM: SUPERVISOR JIM ROGERS, DISTRICT I J� County jos.,, ••<s DATE: November 19, 1996 'A'�•.K SUBJECT: ACCEPT PROGRESS REPORT ON THE PROPOSED WCCTAC SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM AND RESCHEDULE PUBLIC HEARING .DATE RESOLUTION NO. 96/544 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1) Accept a progress report on the subregional transportation mitigation program for western Contra Costa County being prepared by the West Contra Transportation Advisory Committee. 2) Reschedule the December 3, 1996 public hearing date on the WCCTAC subregional transportation mitigation program, to Tuesday, February 25, 1997, at 10 :15 A.M. , to consider adoption of an ordinance establishing the West Contra Costa subregional transportation impact mitigation fee; 3) Reaffirm other actions approved by the Board on August 13, 1996 (agenda item D. 8 . ) , listed as items #2) through- #4) in the recommendation section, directing the Clerk of the Board and Public Works Director to publish notice of a hearing in accordance with the Government Code would remain in effect based on the new February 25, 1997 hearing date. 4) Authorize the Board of Supervisors ' representative to WCCTAC to send letter to WCCTAC emphasizing two key points : a) Encourage WCCTAC to not decrease the proposed fees, as described in the "BACKGROUND" section below, because any further reduction would result in reduced revenues for the program; b) Make WCCTAC aware of the statutory limitations in the Subdivision Map Act which limit the County to impose mitigation impact fees for bridges and thoroughfares only, and request that WCCTAC develop the program so that the fee revenues from the unincorporated areas are allocated to State Route 4 West (Bridges and Thoroughfares) while also ensuring that fees in the unincorporated areas will be equivalent to the proposed fee levels for the Cities. CONTINUED ON ATTACHMENT: x YES SIGNATURE 4?fte�p` 1 JI RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON November 19, 1996 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT IV (De Saulnier) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: ATTESTED November 19, 1996 cc: Irma Anderson, WCCTAC Chair PHIL BA ELOR, CLERK OF Community Development Department THE A F SUPERVISORS Public Works Department ADM I TOR Clerk of the Board of Supervisors BY 1LlO PP�Yi�— RESCHEDULE PUBLIC HEARING DATE FOR PROPOSED WCCTAC SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM November 19, 1996 Page 2 FISCAL IMPACT No impact to the General Fund. BACKGROUND/REASONS FOR RECOMMENDATIONS WCCTAC is now engaged in a nexus study for the West County transportation impact mitigation fee based on requirements under California Code 66000- 66003 , which requires that a municipality demonstrate a reasonable relationship between the amount of the fee and the portion of the cost of the facility attributable to development (nexus relationship) . Although the nexus study is still in progress, some general concepts of the program are beginning to emerge, as follows: • The mitigation impact fee program would fund a portion of the cost to improve safety and continuity of State Route 4 West (between Cummings Skyway and I-80) , raising a portion of the project ' s estimated $19 million unfunded balance (SR-4 West project is estimated at $48 million) , and providing funds to improve parking and access at the El Cerrito Plaza BART Station and enhance intermodal connections at the Richmond BART Station; • The fee would raise approximately $5 million in revenue over a thirteen year period (1997-2010) based on the following potential fee schedule: LAND USE CATEGORY FEE single family residential $700 . 00 per new unit multi-family residential $560 . 00 per new unit retail .20 cents per s .f. office .20 cents per s.f. industrial .20 cents per s.f. • Local jurisdictions will be responsible for collecting the fee at issuance of the building permit and all fee revenue would be remitted to a trust fund, which either would be managed by a new joint powers agreement among the participating jurisdictions, or amending the existing WCCTAC joint powers agreement, or assigning this responsibility to another public agency, such as the Contra Costa Transportation Authority. Since the list of projects has been narrowed to the State Route 4 West and two rail transit stations, it is important to reiterate the County' s statutory limitations in collecting mitigation impact fees for transit projects . The Subdivision Map Act is the statute enabling the Board of Supervisors to impose fees to mitigate impacts of new development on the transportation system. The Subdivision Map Act limits these impact fees to bridges and thoroughfares, transit projects cannot be included. The cities may use other enabling legislation that does not have the same restriction on funding transit projects. The County will need to ensure that any eventual ordinance proposed by WCCTAC for the subregional transportation mitigation program allocates fee revenues from the unincorporated areas to bridges and thoroughfares only, in this case State Route 4 West. The nexus study would still justify keeping the fee for the unincorporated areas at the proposed levels. On August 13 , 1996, the Board of Supervisors approved actions in support of the proposed West Contra Costa Transportation Advisory Committee (WCCTAC) subregional transportation mitigation program, which included setting a public hearing date for December 3, 1996, to consider adoption of an ordinance establishing this program in the unincorporated areas of west Contra Costa County. Due to unforseen delays in completing the nexus study, it is now clear that WCCTAC will be unable to approve a program recommendation for its member jurisdictions at the earliest date, January 31, 1997 . It is, therefore, necessary to reschedule the Board of Supervisors ' public hearing date on this matter to better coincide with WCCTAC' s review and approval of a program recommendation. It is recommended that the Board of Supervisors amend the action taken on August 13, 1996, which scheduled the public hearing date for Tuesday, December 3, 1996, 10 :15 A.M. , to reschedule a new hearing date, for Tuesday, February 25, 1997, 10 :15 A.M. <--,N y RESCHEDULE PUBLIC HEARING DATE FOR PROPOSED WCCTAC SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM November 19, 1996 Page 3 All other actions contained in the August 13, 1996 Board Order directing the Clerk of the Board and Public Works Director to give notice of the public hearing in accordance with the Government Code would remain in effect based on the new February 25, 1997 public hearing date. At my request, the Board's Transportation Committee reviewed this matter at their November 12, 1996 meeting and endorsed the recommendations contained in this Board Order. attachment (1) Board Order,August 13, 1996 JR/PR/ j: proch\wcctac\rogers.bo2 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 19, 1996 TO: Supervisor Jim Rogers, First District FROM: Patrick Roche, Transportation Planning Division SUBJECT: BOS Meeting 11/19/96, Agenda ItemSD.4 Letter to Irma Anderson, Chair, WCCTAC Per Board' s action today on Agenda Item, D.4, attached for your signature is the letter to Irma Anderson, Chair, WCCTAC regarding the proposed West County transportation mitigation impact fee program. Please return to me. I can handle mailing the letter and make sure that your office gets a copy for your files . Thanks . attachment s L BOARD OF SUPERVISORS a�_ CONTRA COSTA COUNTY JIM ROGERS SUPERVISOR, FIRST DISTRICT rid.-- =- ,•�� ST4 cth November 19, 1996 The Honorable Irma Anderson,Chair West Contra Costa Transportation Advisory Committee One Alvarado Square San Pablo, CA 94806 Dear Chair Anderson: I am writing on behalf of my colleagues on the Board of Supervisors to express our support for WCCTAC's efforts to establish a transportation impact mitigation fee program for West County as means of providing funds for the State Route 4 West gap closure project and improvements to West Couny's rail transit facilities. In anticipation of receiving from WCCTAC at the beginning of the new year a fully defined proposal for a transportation mitigation impact fee program,we have set a public hearing date on Tuesday, February 25, 1997 to consider adoption of an ordinance establishing such a program in the unincorporated areas of West County. In setting this public hearing date,the Board of Supervisors asks that WCCTAC consider two key issues as the proposal is further refined before it is submitted to member jurisdictions for review and adoption: 1) The proposal now under active discussion would raise approximately$5 million over thirteen year period (1997-2010)based on an impact fee schedule set at$700.00 fee per new single family residential unit, $560.00 per multi-family residential unit, and .20 cents per square feet for commercial and industrial uses. We strongly encourage WCCTAC to not decrease the fees any further,because any further reduction would result in reduced revenues and diminish the program's effectiveness in providing funds for State Route 4 West Gap Closure Project and needed improvements to West County's rail transit facilities; and, 2) As a reminder,please be aware that the County is limited under the Subdivision Map Act to imposing mitigation impact fees for Bridge and Thoroughfare projects only .. We,therefore, request that WCCTAC develop the program so that future fee revenues remitted from the unincorporated areas will be allocated directly to the State Route 4 West project(Bridge and Thoroughfare purpose under the Subdivision Map Act) while also ensuring that the fees in unincorporated areas remain equivalent to the Cities. 100-37th STREET, ROOM 270 • RICHMOND, CA 94805-2136 • TELEPHONE(510)374-3231 • FAX (510)374-3429 V Thank you for the opportunity to comment on WCCTAC's current proposal. Please call me if you have any questions regarding the Board of Supervisors' comments . Sincerely yours Jim Rogers, Supervisor, First District cc:Members,Board of Supervisors jrogltr.wc r