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HomeMy WebLinkAboutRESOLUTIONS - 10141986 - 86-607 (2) TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: October 13, 1986 SUBJECT: Extend Urgency Measure for the East/Central County Travel Corridor Area of Benefit Resolution No.86/607 Specific Requests or Recommendation(s) A Background b Justification , RECOMMENDATION It is RECOMMENDED that the Board act on the following by ordinance: 1. Extend the interim authorization of road fees an additional 30 days until permanent fees for the adopted East/Central County Corridor Area of Benefit become effective. 2. Direct the Clerk of the Board of Supervisors to record a certified copy of this Resolution with the County Recorder, FINANCIAL IMPACT The extension of the interim authorization to adopt road fees will result in the collection of potential revenues from new residential developments for the improvements to Highway 4 over the Willow Pass Grade. REASONS FOR RECOMMENDATION/BACKGROUND On September 16, 1986, the Board of Supervisors adopted the East/Central County Travel Corridor Area of Benefit to provide for the collection of fees to be used for improvements to Highway 4 over the Willow Pass Grade. In conformance with Government Code Sec. 65962, the fees adopted at that time shall be effective on November 15, 1986 (60 days after the adoption of the fee) . Thus , the Board adopted an urgency measure as an interim authoriza- tion for fees to be collected immediately. Pursuant to Government Code Sec. 65962, the interim authorization will expire on October 16, 1986. An extension of the interim authorization to adopt road fees is required so that potential revenues are not lost during the 30-day period of time remaining before the area of benefit fees go into effect. In the event of Board concurrence in staff recommendation, a draft ordinance is attached for appropriate action by the Board. CONSEQUENCES OF NEGATIVE ACTION Failure to extend the interim authorization to adopt road fees will result in a loss of potential revenues during the 30-day period of time remaining before the area of benefit fees go into effect. Continued on attachment: yes Signature: Recommendation of County Administrator Recommendation of BoardCommittee Approve Other: Signature(s): Action of Board on: OCT 14 1986 Approved as Recommended Y Other Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN /Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE glres: Noes: BOARD OF SUPERVISORS ON DATE SHOWN. Absent: AbstaTn- B0:14.1`1O TML/FW:Iv Attested OCT 141986 PHIL BATCHELOR, CLERK OF Orig. Div.: Public Works (RE) THE BOARD OF SUPERVISORS cc: Community Development AND COUNTY ADMINISTRATOR County Auditor/Controller County Treasurer/Tax Collector J�� County Counsel By -oa_ DEPUTY CLERK RESOLUTION NO. 86/607 ORDINANCE NO. 86-92 (Extension of Interim Authorization to Adopt Road fees for East/Central County Travel Corridor Area of Benefit) The Board of Supervisors of Contra Costa County ordains as follows: SECTION I . SUMMARY . This ordinance provides for extension of the interim authorization of road fees to be used for major thoroughfare improvements within the East/Central County Travel Corridor Area of Benefit, which improvements are needed to protect the public health, welfare and safety. SECTION II . FINDINGS. The East/Central County Travel Corridor (Highway 4) , ocat� ed between the cities of Antioch/Pittsburg and the cities of Concord /Martinez , is the major regional access route between East Contra Costa County and the central part of the county. The Board finds that: The East/Central County Travel Corridor is currently inadequate in lane capacity to serve peak hour traffic generated by residential development, particularly in the westbound direction between Bailey Road in Pittsburg and Willow Pass Road in Concord. This segment of the travel corridor is now experiencing travel delays of 10 minutes or more on a daily basis. Housing construction activity is expected to. be very heavy in the near future for the unincorporated areas of East Contra Costa County. The corresponding increase in peak hour traffic along the travel corridor will further reduce the quality of travel along this important route. The inability to finance construction of improvements to the East/Central County Travel Corridor is detrimental to the public health, welfare and safety. There is an urgent need for the . immediate collection of road fees , as the inadequacy of this segment of the major access route causes significant congestion , delay and economic loss to the entire East County Region. The resulting stressful driving conditions and reduction in air quality are adverse factors affecting the public health, safety and welfare. Failure to require payment of the fee described in this ordinance as a condition of issuing a building permit or equivalent permit would place the residents of the subdivision , immediate community and fee area in a condition perilous to their health and safety, in that the failure to fund necessary improvements to the East/Central County Travel Corridor will result in continuing and additional traffic congestion , delay, economic loss , stressful driving conditions and reduction in air quality. On September 16, 1986, the Board of Supervisors adopted Ordinance No. 86-86, authorizing the collection of interim road fees within the fee area . The interim authorization is scheduled to expire on October 16, 1986. Failure to extend the interim authorization at this time will result in a loss of potential revenues as residential 'units are built without having to contribute to the proposed improvements. The Board also finds that: The extension of the interim fee at this time will allow the immediate collection of revenues from residential units . The end result will be to decrease travel delay, relieve traffic congestion, and thus , protect the public health, welfare and safety. SECTION III . EXTENSION. The interim authorization for collection of road fees Ordinance No. 86-86) , due to expire on October 16, 1986, is hereby extended an additional 30-days (i .e . until November 15, 1986) , at which time the interim authorization shall expire, unless further extended. SECTION IV . AUTHORITY. This ordinance is enacted , in part, pursuant to Government To e ections 65962 and 66484, and Division 913 of the Contra Costa County Ordinance Code. SECTION V . NOTICE AND HEARING. This ordinance was adopted pursuant to the procedure et forth in Government Code Sections 65962(c) and all required notices have been properly given and public hearings held. October 14, 1986 Pa ge 2 OSECTI0N VI . FEE ADOPTION. The following interim fee is hereby EXTENDED for the East/Central County Travel Corridor Area of Benefit to fund the major thoroughfare improvements described in the Area of Benefit report on file with the Clerk of the Board, and shall be LEVIED and COLLECTED pursuant to the above authorities: Residential Family Dwelling Unit $230 per unit The interim fee shall be payable as specified in Chapter 913-4 of the Contra Costa County Ordinance Code. SECTION VII. FEE AREA. The fee described in this ordinance shall apply to all property described in Exhibit A attached hereto. SECTION VIII . 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. EFFECTIVE DATE. This ordinance shall become effective. immediately after ge, and shall become operative on October 17, 1986. Within 15 days of passage , this ordinance shall be published once , with the names of the Supervisors voting for and against it, in the Contra Costa Times , 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 and Resolution No. 86/607 with the County Recorder. PASSED and ADOPTED on OCT 14 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson $ Powers NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator w � By: -faa,Qra4 . Deputy oar air TML:l v BO:14.T1O ORDINANCE NO. 86-92 EXHIBIT iw Boundary Description Beginning on a Bench Mark located at Port Chicago, along the Southern Pacific Railroad, 97.7 feet north of the northwest corner of the railroad station , 43.2 feet north of the north rail of the main tracks , 19.7 feet south of the center line of Waterfront Road, 8.5 feet west of a telegraph pole, 1.6 feet east of a point in line with the east wall of the railroad station, about level with the tracks and the road , and set in the top of a concrete post projecting 0.2 foot above the ground, thence striking a straight line in a northerly direction to the Contra Costa/Solano County boundary line; thence in a generally northeasterly direction along the Contra Costa County boundary line, to the corner of the set Sacramento/San Joaquin/Contra Costa County boundary lines; thence in a general southerly direction along the Contra Costa County boundary line to the corner of the San Joaquin/Alameda/Contra Costa County boundary line; thence in a generally southwesterly direction along the Contra Costa boundary line for 11.4 miles , more or less; thence in a general northerly direction along township section lines 2.7 miles , more or less; thence in a general westerly direction along township section line for 2.0, miles more or less; thence in a general northerly direction along town section lines for 6.0 miles, more or less; thence in a general westerly direction along town section for 2.0 miles, more or less; thence in a general northerly direction along town section line for 1 mile, more or less; thence in a generally a northwesterly direction striking a line approximately 37 degrees to a set City of Concord/Contra Costa County boundary line; thence in a generally northwest direction conforming with the City of Concord/County boundary line to the State Highway 4 southerly right of way; thence in a generally South 62034'06" West direction, 861.87 feet along the State Highway 4 right of way; South 81055'27" West 513.0 feet along the State Highway 4, right of way; thence South 36049'49" West direction, 377.0 feet along the State Highway 4 right of way; thence South 16001'03" West direction, 82.0 feet along the highway 4 right of way; thence South 63030'14" West direction, 758.48 feet along the highway 4 right of way; thence South 78021'1V West direction, 327.15 feet along the highway 4 right of way; thence in a generally southwesterly direction for more or less 1,295.79 feet to the Contra Costa Canal right of way; thence in a generally northwesterly direction along the Contra Costa Canal boundary line for approximately 3,464.54 feet; thence strike a north direction to the point of beginning. Excepting therefrom all of the incorporated areas of the cities of Contra Costa County.