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Home My WebLink AboutMINUTES - 10072008 - C.15 s L Contra TO: BOARD OF SUPERVISORS FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR 1` Costa DATE: OCTOBER 7, 2008 �._ -'�- , .•�P`�`�¢ 'rA �ouK 0 County SUBJECT: FIX a Public Hearing for October 28, 2008, to consider adoption of a Regular Ordinance to fund the Updated Tri-Valley Transportation Development Fee program for the Tri-Valley Transportation Council, as recommended by the Public Works Director, South County area. (District III) Project No: 0676-6P4032 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. FIX a Public Hearing for October 28,2008,at 9:30 a.m. to consider adoption of a Regular Ordinance to fund the updated Tri-Valley Transportation Development Fee program for the Tri-Valley Transportation Council and WAIVE reading, South County area. (District II1) 2. •DIRECT the Clerk of the Board to publish the Notice of Public Hearing in compliance with Section 6062a of the California Government Code. 3. DIRECT the Public Works Director to mail Notice of Hearing in compliance with Government Code Sections 54986 and 66017. C NTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF fiOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ('/WO4A4 y 40 o7,dO�APPROVED AS RECOMME ED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THATTHIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT .fes ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Jenna Caldwell 313-2020 1C:clerical L \\dc-glacier\grpdata\TransEng\AOB\TVTC\Tri-Valley Transportation Council Fee ATTESTED m D r�O a V/ 0 pJ p� Update\Public Hearing\BO-TVTD Fee—Fix Public Hearing_Revised 2008-09-30.doc DAVID TWA,CLERK OF THE BOARD OF SUPERVISORS cc: C.Lau,Public Works TE M.Halle,Public Works TE C.Raynolds,Public Works Finance T.Tones,Public Works Engineering Services BY: -,DEPUTY County Auditor/Controller —� County Treasurer/Tax Collector r f 'SUBJECT: FIX a Public Hearing for October 28, 2008, to consider adoption of a Regular Ordinance to fund the updated Tri-Valley Transportation Development Fee program for the Tri-Valley Transportation Council, as recommended by the Public Works Director, South County area. (District III) Project No: 0676-6P4032 DATE: October 7, 2008 PAGE: 2 of 3 FISCAL IMPACT: Adoption of a regular ordinance to fund the updated Tri-Valley Transportation Development Fee program will result in the collection of potential fees from new developments to fund regional transportation improvements within the Tri-Valley Transportation Council fee area. There will be no impact to the General Fund. REASONS FOR RECOMMENDATIONS AND BACKGROUND: In 1991, the County signed a Joint Powers Agreement ("JPA") between Contra Costa County, Alameda County, the Town of Danville, the City of San Ramon, the City of Pleasanton, the City of Dublin, and the City of Livermore that established the.Tri-Valley Transportation Council ("TVTC"). The purpose of the TVTC JPA was the joint preparation of the Tri-Valley Transportation Plan/Action Plan("Action Plan")for the Routes of Regional Significance and cost sharing of the recommended regional transportation improvements. The TVTC adopted the Action Plan in April 1995 and updated it in 2000. The Action Plan contained 11 specific regional transportation improvements to be given high priority for funding and implementation. In 1997, the TVTC recommended to its member jurisdictions the adoption of a uniform development fee known as the Tri-Valley Transportation Development Fee("TVTD Fee"). In August 1998 the Contra Costa County Board of Supervisors("Board")accepted a Joint Exercise of Powers Agreement("JEPA")pertaining to the collection of the TVTD Fee,accepted the Development Program Report("DPR"),and passed Urgency Ordinance 98-36 which allowed immediate collection of the TVTD Fee. This ordinance was effective for 30 days. In September 1998 the Board passed Urgency Ordinance 98-41 which extended the initial urgency ordinance for an additional 30 days. On October 10, 1998, Ordinance 98-35 became effective to provide a mechanism for collection of the TVTD Fee. The fees charged were considerably lower than what would have been allowed by the Nexus Analysis. In April 2003 the TVTC approved the fee reduction for multi-family residential and the increase for office and industrial land use categories to help eliminate project funding shortfalls. In September 2003 the Board passed Ordinance 2003-21 revising the TVTD Fee schedule. INFORMATION ON THE PROGRAM UPDATE Since the Action Plan's adoption in 1995 there have been substantial changes in the Tri-Valley Development Area's traffic circulation needs and development potential. In addition, new funding sources,have been established, the Action Plan was updated in 2000, 3 of the 11 projects have been completed, and new improvements have been identified. These changes have prompted a revision to the TVTD Fee program. The "Tri-Valley Transportation Council Nexus Study, Fee Update" ("Nexus Study"), adopted January 18, 2008,and amended February 26,2008,prepared for the TVTC,provides the technical basis for establishing the required nexus between the anticipated future development in the TVTD Fee area and the need for certain regional facilities. .SUBJECT: FIX a Public Hearing for October 28, 2008, to consider adoption of a Regular Ordinance to fund the updated Tri-Valley Transportation Development Fee program for the Tri-Valley Transportation Council, as recommended by the Public Works Director, South County area. (District III) Project No: 0676-6P4032 DATE: October 7, 2008 PAGE: 3 of 3 In order to implement the new TVTD Fee schedule, it is necessary for the County and the other Member Agencies to adopt new ordinances or resolutions. Staff recommends that the Board fix a public hearing for October 28, 2008, at 9:30 a.m. to consider the adoption of a regular ordinance implementing the updated TVTD Fees. All of the Member Agencies will complete a similar implementation process. CONSEQUENCES OF NEGATIVE ACTION: Failure to fix the hearing date to consider adoption of a regular ordinance to fund the updated TVTD Fee program will result in the loss of potential revenues and would be inconsistent with the intent of the JEPA, which established the TVTD Fee program. In addition, the developer contribution for regional or sub- regional improvement projects is necessary to comply with the concepts of the County's Growth Management Program which requires new growth to fund the additional infrastructure capacity required to serve that growth. I "CCT Legals" To "Emelda Sharp"<EShar@cob.cccounty.us> <cctlegals@bayareanewsgro up.com> cc 10/07/2008 12:23 PM bcc Subject RE: Notice of Public Hearing ad#296861. done! thanks! Legal Advertising Contra Costa Times -Concord Transcript- Lamorinda SUN Bay Area News Group- East Bay Ph: 925-943-8019 Fx: 925-952-5019 From: Emelda Sharp [mailto:EShar@cob.cccounty.us] Sent: Tue 10/7/08 11:32 AM To: CCT Legals Subject: Notice of Public Hearing Dear Jennifer, Please publish the above Notice of Public Hearing to your Contra Costa Time under our Ref.No. 2183, on October 10,October 16,and October 22,2008. Thanks for your attention. Clerk of the Board 651 Pine Street, Rm 106 Martinez Main Line 925-335-1900 Emy 925-335-1903 Fax No. 925-335-1913 Emelda L. Sharp Clerk of the Board CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF PUBLIC HEARING AND AVAILABILITY OF DATA (Ordinance for the Tri-Valley Development Fee Program) The Board of Supervisors will hold a public hearing on October 28, 2008, at 9:30 a.m. in the Board Chambers, County Administration Building, 651 Pine Street, Martinez, CA. to consider Ordinance 2008-27 for the Tri-Valley Transportation Development Fee (MD Fee) Program Area. Fees collected through the Tri-Valley Transportation Council (MC) will be collected only from new development within this portion of unincorporated Contra Costa County and will be collected upon the issuance of a building permit. The MD Fee Program is the result of a Joint Exercise of Powers Agreement between the Cities of San Ramon, Dublin, Pleasanton, and Livermore, the Town of Danville, the County of Alameda, and the County of Contra Costa. The MC will support the list of regional improvements described in the MD Fee Area of Benefit Update (Development Program Report). The proposed fees for approval by the Board of Supervisors are: Land Use Proposed Fee Single-Family Residential $4,275 per dwelling unit Multi-Family Residential $ 2,945 per dwelling unit Retail/Commercial $3.40 per square foot of gross floor area Office $7.27 per square foot of gross floor area Industrial $4.23 per square foot of gross floor area Other* $4,750 per peak hour trip Affordable Housing $ 0 per dwelling unit *The fees for uses not listed above shall be determined by the sponsor collecting the fee according to information generated by appropriate traffic studies, or other means of determining traffic impacts as approved by MC, or in accordance with the Institute of Traffic Engineers(ITE) Manual. In addition, an administration fee equal to 2 percent of the Program revenue shall be assessed. As with most fee programs, the fee revenue from the MD Fee program will not pay the cost of all regional improvements. Other funding must be generated, some of which include fees generated from Measure C and State Transportation Improvement(STIP) Funds. The Development Program Report, which includes a description of the proposed improvement cost estimates and funding mechanism, will be available at the Clerk of the Board. For more information, contact Jenna Caldwell of the County Public Works Department, Transportation Engineering Division at 313-2020. BY: EMY L. SHARP Deputy PUBLICATION DATES: OCTOBER 10, 2008 and OCTOBER 16, 2008 and OCTOBER 2,2, 2008 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board eshargcob.cccounty.us FROM: Jenna Caldwell Public Works Department (925) 313-2020 BOARD MTG. DATE: October 28, 2008 PREVIOUSLY APPROVED BY BOS ON: HEARING DATE: October 28, 2008 PUBLICATION DATES: October 10, 2008 and October ,2008 REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not type below this line—Publication language on following page i C:\Users\esharp\AppDala\Local\Temp\nocesEBEO D6\-1792275.doc HEARING CONFIRMATION FORM Hearing Date: October 28, 2008 Name of Person Phoning to Request Hearing: Jenna Caldwell Phone No.: 313-2020 Hearing Date Confirmed With: Emy Sharp of Clerk of the Board Staff on: September 18, 2008. Agenda Language (how it will read on the calendar): FIX a Public Hearing for October 28, 2008, to consider adoption of a Regular Ordinance to fund the updated Tri-Valley Transportation Development Fee program for the Tri-Valley Transportation Council, as recommended by the Public Works Director, South County area. (District III) [CDD-CP #08-45] Project No: 0676-6P4032. 1. Anticipated length of the hearing: 5 minutes or less X or more 2. Is it controversial? Yes No X 3. Noticing Requirements: N/A Code Section: 6062a 4. Publication Requirements: # of times 2 # of days before hearing 10 days, with 5 days intervening between 1St and 2nd publication 5. Who is to Publish the Notice? COB X PWD N/A It is the responsibility of the department to provide the appropriate notice. Some notices are adopted by Board Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. 6. If posting of notice is required, who will post? Building Inspection Staff(a, Building Inspection Department, Public Works Staff @ Public Works Department 7. If mailing the notice is required, who will provide the clerk with the correct mailing list and labels? N/A 6. When will this "fix hearing item" be listed on the Board agenda as a consent item? 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