HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-310 Contra
TO: BOARD OF SUPERVISORS �* /►t
FROM: HARVEY E. BRAGDON Col
DIRECTOR OF COMMUNITY DEVELOPMENT
J. MICHAEL WALFORD
DIRECTOR OF PUBLIC WORKS
DATE: June 17, 1997
SUBJECT: WEST CONTRA COSTA SUBREGIONAL TRANSPORTATION MITIGATION PER PROGRAM
RZSOLCET QN NO, 71310
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMEN"1,1ONS
1. Accept a joint staff report from the Community Development
Department and Public Works Department pertaining to the fallowing
matters:
a) A proposed ordinance establishing the West Centra Costa
Subregional Transportation Mitigation Fee Area of Benefit;
b) Development Program Report for the West Contra Costa
Subregional Transportation Mitigation Fee, prepared in
accordance with the Board of Supervisors, Policy on Bridges
and Thoroughfares;
CONTINUED ON ATTAC NT: _N_ YES SIGXATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE _ -.. OTHER
SIGNATURE(S)
ACTION OF BOARD ON June 17 . 1997 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT - - - - _ 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.
Origr: Patrick Roche, CDD (335-1242) ATTESTED June 17, 1997
cc: Irma Anderson, Chair, WCCTAC PHIL BATCHELOR, CLERIC OF
Public Works Department TETE BOARD OF SUPERVISORS
AND CO INISTRATOR
B ; DEPUTY
Resolution 971310
West Contra Costa Subregional Transportation Mitigation Fee Program
June 17, 1997
Page 2
RECOMMENDATIONS (continued)
c) Nexus Study for the West Contra Costa Subregional
Transportation Mitigation Fee Program prepared for West Contra
Costa Transportation Advisory Committee (WCCTAC) ;
d) Proposed amendments to WCCTAC Joint Exercise of Powers
Agreements to include the fee program as an objective;
e) A proposed Master Cooperative Agreement with the Contra Costa
Transportation Authority (CCTA) , WCCTAC, and local
jurisdictions establishing terms for remitting fee revenue to
CCTA for development and construction of the transportation
facilities described in the ordinance.
2. OPEN the public hearing on an ordinance establishing a West Contra
Costa Subregional Transportation Mitigation Fee Area of Benefit;
3 . CLOSE the public hearing and consider the following actions:
a. ADOPT and APPROVE the Development Program Report pertaining to
the West Contra Costa Subregional Transportation Mitigation
Fee (attached as Exhibit "B") ;
b. DETERMINE that the project is not subject to the California
Environmental Quality Act pursuant to Article 5, Section
1.5061. (b) (1) CEQA guidelines;
C. INTRODUCE Ordinance No. 97 - ,Z.2 (attached as Exhibit "A") ,
which adopts the West Contra Costa Subregional Transportation
Mitigation Fees, waive reading and set date for adoption on
July 8, 1997;
d. APPROVE and AUTHORIZE execution of amendments to the West
Contra Costa Transportation Advisory Committee (WCCTAC) Joint
Exercise of Powers Agreement to include the fee program as an
objective for WCCTAC(attached as Exhibit "D") ;
e. APPROVE and AUTHORIZE execution of a Master Cooperative
Agreement with the Contra Costa Transportation Authority
(CCTA) , WCCTAC, and West County jurisdictions establishing
terms and conditions for remitting fee revenue to CCTA for
development and construction of the transportation facilities
described in the ordinance (attached as Exhibit "E") ;
f. INCORPORATE in this resolution by reference the boundaries,
costs, and method of fee apportionment set forth in the
attached Development Program Report and attached ordinance;
g. DETERMINE that a majority protest does not exist;
h. DIRECT the Public Works Director and Auditor Controller to
establish a trust fund for the West Contra Costa Subregional
Transportation Mitigation Fee and that the Treasurer shall
invest said fee revenue with interest to accrue in the trust
fund;
i. DIRECT the Treasurer to establish a mechanism to transfer fee
revenue from the trust fund to the Contra Costa Transportation
Authority following execution of a Master Cooperative
Agreement between the Contra Costa Transportation Authority
and the County and the other West County jurisdictions;
Resolution 97/31.0
Hest Contra Costa Subregional Transportation Mitigation Pee Program
June 17, 1997
Page 3
j . DIRECT the Director of Community Development to file Notice of
Exemption with the County Clerk;
k. DIRECT the Public Works Director to arrange for payment of the
$25.00 handling fee to the County Clerk for filing the Notice
of Exemption;
FISCAL IMPACT
No impact to the County's General Fund.
Formation by the County of the West Contra Costa Subregional
Transportation Mitigation Fee Area of Benefit will generate funds to be
used solely for the improvements under the State Route 4 West Freeway Gap
Closure Project, as described in the Development Program Report. The
total estimated cost for the Phase I, SR-4 West Freeway Gap Closure
Project is $65 million. Although Measure C funds, and State/Federal
transportation funding grants will be relied upon for project funding,
it is anticipated that approximately $4.1 million will be contributed
toward project funding from the proposed West Contra Costa Subregional
Transportation Mitigation Fee Program.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The West Contra Costa Transportation Advisory Committee, consisting of
elected officials representing the cities of Hercules, Pinole, San Pablo,
Richmond, and El Cerrito, the Contra Costa County Board of Supervisors,
and the Board of Directors for both AC Transit and BART, have spent the
last year developing the proposed West Contra Costa Subregional
Transportation Mitigation Fee Program. This proposal is in response to
Measure C-1988, which while establishing a % cent sales for Contra Costa
transportation project and programs, also included a requirement that It
a program of regional traffic mitigation fees, assessments, or
other mitigations, as appropriate, be adopted to fund regional and/or
subregional transportation projects, as determined in the comprehensive
transportation plan of the Contra Costa Transportation Authority. "
During 1996, the Board of Supervisors took a number of actions in support
of the WCCTAC proposal, based on recommendations from Supervisor Rogers
working in conjunction with the Board's Transportation Committee.
General Concepts of the West Contra Costa Subregional Transportation
Mitigation Program:
■ The transportation mitigation fee program would augment funding for
the Phase I, State Route 4 West Freeway Gap Closure Project (between
Cummings Skyway and I-80) , raising approximately $ 4 .1 million
toward the project 's $65 million cost, and, in addition, it would
provide approximately $1 million to improve parking and access at
the E1 Cerrito Plaza BART Station and enhance intermodal connections
at the Richmond BART Station,
■ The fee would raise approximately $5.1 million in revenue over a
thirteen year period (1997-2010) based on the following recommended
fee schedule:
LAND JISE CAT QORY �
single family residential $700.00 per new unit
multi-family residential $560.00 per new unit
retail .20 cents per sf.
office .20 cents per sf.
industrial .20 cents per sf.
other uses not identified above $150.00 per trip
Resolution 97/310
West Contra Costa Subregional Transportation Mitigation Fee Program
June 17, 1997
Page 4
■ Local jurisdictions will be responsible for collecting the fee at
issuance of the building permit and all fee revenue would be
remitted to the Contra Costa Transportation Authority, serving as
the lead or sponsoring agency for the project (s) ;
■ WCCTAC member jurisdictions, including the County, would enter into
a Master Cooperative Agreement with CCTA establishing the terms and
conditions for remitting fee revenue to OCTA for development and
construction of the State Route 4 West Freeway Gap Closure Project.
In addition, the WCCTAC Joint Exercise of Powers Agreement would be
amended to include the fee program as an objective.
Development Program Report:
A Development Program Report, has been prepared by the Community
Development Department and Public Works Department in accordance with the
Board of Supervisors' Policy on Bridge Crossings and Major Thoroughfares
(adopted July 17, 1979) , which outlines the concept, methodology, and
procedure for implementing the West Contra Costa Subregional
Transportation Mitigation Fee. See the attachment marked as Exhibit
"B" : Development Program Report .
Nexus Study:
A nexus study was conducted on behalf of WCCTAC in accordance with AB
1600 (now codified as Govt. Code Sec. 66000-66003) which examined the
relationship of projected growth in West County to the demand for new or
expanded transportation facilities. It was done in order to meet the
requirement that an enacting body establish a reasonable relationship
between the amount of the fee and the cost of the facility (or portion
thereof) to be funded by the fee.
In the nexus study prepared for WCCTAC it was determined through traffic
projection studies that 38W of future year 2010 traffic forecasted to
travel on State Route 4 West could be attributed to new development in
West County. For more details see the attachment marked as Exhibit "C" :
Nexus Study.
Proposed County AOB Ordinance:
The attached Draft Ordinance, marked as Exhibit "A, " has been prepared
with the assistance of County Counsel to conform to both state law and
adopted County policy for establishing a fee program for a designated
Area of Benefit.
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. Since the Subdivision Map Act limits these impact
fees to bridges and major thoroughfares, the County's draft Ordinance
does not include the transit projects mentioned in the WCCTAC Nexus Study
and WCCTAC's version of the ordinance.
Interagency Agreements:
As previously mentioned, WCCTAC member jurisdictions would enter into a
Master Cooperative Agreement with CCTA establishing the terms and
conditions for remitting fee revenue to CCTA for development and
construction of the State Route 4 West Freeway Gap Closure Project.
Additionally, the WCCTAC Joint Exercise of Powers Agreement (JEPA) would
be amended to include the fee program as an objective. These interagency
agreements are attached marked as Exhibits "D" : Draft amendments to
Resolution 97/310
Nest Contra Costa Subregional Transportation Mitigation Fee Program
June 17, 1997
Page 5
WCCTAC JEPA and "E" : Draft Master Cooperative Agreement between
OCTA and WCCTAC Jurisdictions.
Key Issues/Next steps:
Legal counsel for the WCCTAC member jurisdictions have reviewed the draft
ordinance (WCCTAC version) , a master cooperative agreement with the OCTA,
and amendments to the WCCTAC JEPA. It is anticipated that the other West
County jurisdictions will initiate a public hearing process, similar to
one already initiated by the County, during the month of June.
In reviewing earlier versions of the WCCTAC proposal, the office of
County Counsel identified several concerns which are described in more
detail in Exhibit 1IF" (3/24/97 and 5/20/97 memoranda from County Counsel
to the Community .Development Department) . Although many concerns raised
by County Counsel were addressed through a meeting conducted on May 5,
1997 with staff and legal counsel from CCTA and West County
jurisdictions, the following issues are noteable:
1. Form-of Ordinance
Contra Costa County must adopt in form and substance an ordinance
which conforms to the legal authorities granted to the County under
the Subdivision Map Act. In addition, there are many provisions in
the WCCTAC version of the ordinance which are not normally included
in a County ordinance. The draft County ordinance attached as
Exhibit "A" has modified the WCCTAC ordinance proposal to meet the
County's requirements. WCCTAC has been advised that the County
would adopt a modified version of the ordinance based on these
requirements.
2 . Proyi i ns in aster Coor>erative Agreement
County Counsel's review of an earlier version of the Master
Cooperative Agreement raised a number of concerns with language in
the agreement, specifically dealing with the reciprocal
indemnification clause. County Counsel ' s 3-24-97 memo outlined
several alternatives to correct this potential problem.
Subsequent to this review, WCCTAC staff and counsel then released
a revised Master Cooperative Agreement, dated April 18, 1997, which
reflected the input received from the various legal counsels
representing WCCTAC jurisidictions. A meeting between staff and
legal counsel for all participating jurisdictions was conducted on
May 5, 1997 to review and address legal issues related to the latest
version of interagency agreements under the WCCTAC proposal,
including the Master Cooperative Agreement. Staff from both
Community Development and County Counsel attended this meeting and
raised several points about provisions in the Master Cooperative
Agreement. As noted in their memo dated 5-20-97, County Counsel has
identified three specific concerns with latest version of the
agreement which in their view have not been satisfactorily addressed
but are policy issues which the ,hoard of Supervisors must ultimately
address:
a. The idemnification clause may not provide the level of
coverage from potential risks the County has agreed to in
other interagency agreements;
b.+ The agreement's provision requiring WCCTAC members to share in
the defense and liability expenses incurred by WCCTAC in
connection with any litigation filed against the fee
ordinances or implementation of the fee program. This
Resolution 97/310
West Contra Costa Subregional Transportation Mitigation Fee Program
June 17, 1997
Page 6
provision could potentially result in expense to the County to
assist in the defense of another jurisdiction's adoption of
the fee ordinance, even though the County has no control over
another jurisdictions actions adopting or implementing the
ordinance.
C. The provision in the agreement requiring future disputes
relating to the Master Cooperative Agreement be submitted to
binding arbitration under rules of the American Arbitration
Association.
County Counsel staff will be available to review in more detail the
issues described above. An option the Board of Supervisors may wish to
consider is to defer the recommendation described in #3.e. , Approve and
Authorize execution of the Master Cooperative Agreement, following
further discussion or clarification of these issues with WCCTAC and CCTA
representatives.
There have been other important policy issues (unrelated to legal
questions) which have emerged over the many months in discussing the
WCCTAC proposal, these could be summarized as follows:
• Concern that the proposed fees may be a discouragement for economic
development, particularly development of affordable housing;
• Concern that the revenue potential from the proposed fees over
twenty years is too insubstantial to adequately raise funds needed
now for the State Route 4 West Freeway Gap Closure Project;
Public Notice:
Government Code Section 66484 and Division 913, Title 9 of the Contra
Costa Ordinance Code provide for assessing and collecting fees for
development and construction of bridges and/or major thoroughfares within
a designated area of benefit and as a condition of issuing a building
permit. The Community Development and Public Works Departments have
completed a Development Program Report for the West Contra Costa
Subregional Transportation Mitigation Fee Area of Benefit, 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.
CONSEQUENCES QF NEGATIVE ACTION
Failure to form the West Contra Costa Subregional Transportation
Mitigation Fee Area of Benefit would result in lower revenue funding for
the State Route 4 West Freeway Gap Closure Project and this could
potentially delay the project. A program of regional traffic fees or
alternative mitigation is a requirement of Measure C-1988 . The
CCTA has established June 30, 1997 as the deadline for local
jurisdictions to establish such programs through their Regional
Transportation Planning Committee. Failure of the County to adopt
a fee program in West County may potentially cause the CCTA to
withhold future allocations of the County' s Measure C-88 return-to-
source funds.
attachments (6 items)
JMW/PR/j :proch\wcctac\bos.wc6
Resolution 97/310
ATTACHMENTS
1 . Exhibit "A" : Draft ordinance
2 . Exhibit "B" : Development Program Report
3 . Exhibit '"C" : Nexus Study
4 . Exhibit "D" : Draft amendments to WCCTAC JEPA
5. Exhibit "E" : Draft Master Cooperative Agreement between
CCTA and WCCTAC Jurisdictions
6 . Exhibit "F" : Memoranda from County Counsel to Community
Development re: West Contra Costa Subregional
Transportation Mitigation Fee Program, dated
3/24/97 and 5/20/97
Resolution 97/310
IV above. Any further fee reduction would be based upon a traffic study which
determines that the traffic impacts of the proposed development would generate fees
that are less than the fees that are set forth in Section IV above. The methodology
for conducting the study shall be developed and approved by WCCTAC Technical
Advisory Committee, with concurrence of WCCTAC. The County shall determine
the appropriate fee reduction based upon the proportionate reduction in trips
demonstrated in the traffic study.
B. A developer may receive credit against fees for the dedication of land for right-of-way
and/or construction of improvements for specific bridge and major thoroughfare
improvements described in the Development Program Report on file with the Clerk
of the Board, where such right-of-way or construction is beyond that which would
otherwise be required for approval of the proposed development. The calculation
of the amount of credit against fees for dedications or improvements shall be based
on a determination by the County that such credits are in fact exclusive of the
dedications, setbacks, improvements, and/or traffic mitigation measures which are
required by local ordinance, standards, or other practice. In addition, the credit shall
be calculated based upon the actual cost of construction of improvements or, in the
case of land dedication, on an independent appraisal approved by the County.
SECTIC)N VI. M AREA, The fees set forth in this ordinance shall apply to all
property described in Exhibit A attached hereto.
FMPON VTI. FL RFM AND USE OF FFM• MD-M-5.
A. The purpose of the fees described in this ordinance is to generate funds to finance
improvements to certain bridges and major thoroughfares in the 'gest Contra Costa
Subregional Transportation Mitigation Fee Area of Benefit. The fees will be used
to finance the bridge and major thoroughfare 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 bridges and major thoroughfares in the West County area, thus creating a
need to expand, extend or improve existing bridges and major thoroughfares and a
need to construct new bridges and major thoroughfares to mitigate adverse traffic and
infrastructure impacts that would otherwise result from such development projects.
B. The fees will be used to pay for the administration, planning, environmental
documentation, design, right-of-way acquisition, and construction of the bridge and
major thoroughfare improvements described in the Development Program Report on
file with the Clerk of the Board. The fees levied hereunder shall be used solely for
the Highway 4 West project and any other eligible bridge or major thoroughfare
improvements approved by the County.
-3-
ORDINANCE NO. 97 -
C. The nexus findings, in conformance with Government Code Section 66000 and
following, contained in the "Nexus Analysis Report" prepared for WCCTAC by
Cambridge Systematics, Inc., which report is on file with the Clerk of the Board, are
incorporated herein by reference.
SECTION VIII. SE)TAADUM. 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.
SEC QN DC ANNUAL FEE INCREASE. Effective July 1, 1998, and July 1 of each
subsequent year, the amount of the fees set forth in subsection A shall increase by the
amount of the increase in the Engineering News-Record Construction Cost Index for the San
Francisco Bay Area for the preceding fiscal year (July 1 through June 30). The increase
shall be an automatic increase.
SECTION X. F F IC':TIVE AND ENATION DATES
A. This ordinance shall take effect 60 days after passage but shall not become operative
until the Community Development Department files a statement with the Clerk of
the Board certifying that similar fees have been adopted by the Cities of El Cerrito,
Hercules, Pinole, Richmond and San Pablo.
B. Within 15 days of passage, this ordinance shall be published once, with the names of
the Supervisors voting for and against it, in the , 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 with the County Recorder.
C. This ordinance shall terminate on December 31, 2010, unless subsequently extended
by the Board of Supervisors.
PASSED and ADOPTED on , 1997 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
-4-
ORDINANCE NO. 97 -
EXHIBIT "A"
LEGAL DESCRIP'T'ION
OF
WEST CONTRA COSTA SUB-REGIONAL
TRANSPORTATION MITIGATION FEE AREA
-5-
ORDINANCE NO. 97 -
+ 1
WCCTAC Boundary
Legal Description
EXHIBIT"A"
Real property in Contra Costa County, California described as follows:
Beginning at the most south easterty comer of the 18.04 acre parcel of land shown on the Record
of Survey filed December 22, 1931 in Book 2 of Licensed Surveyor Maps at page 5; thence from
said Point of Beginning south 66°11'00"west 125.15 feet to the northeasterly line of the Southern
PacificRailroad right of way;thence southerly to the soudwmsterly line of said railroad right of way
to an 1/2" iron pipe and tags L.S. 3489 as shown on the Record of Survey filed April 10, 1990 in
Book 93 of Licensed Surveyors Maps at page 32; thence south 43`2643"west 341 feet more or
less to the westerly right of way line of Carquinez Scenic Drive(formerly Pomona Avenue); thence
along said right of way One in a general southerly direction 555 feet more or less to the easterly
boundary of the parcel of land granted to Hook Recorded December 19, 1993 in Book 18288 of
Official Records at page 889;thence along said boundary in a general southerly and southeasterly
direction 1771 feet more or less to the southeasterly comer of said Hook parcel (18288 OR 889);
thence along the south line of said parcel and its westerly prolongation,west 4050 fleet more or less
to the easterly right of way line of McEwen Road; thence westerly 50 feet more or less to the
westerly right of way line;thence continuing westerly 4250 feet more or less to the northwest comer
of the parcel of land granted to Brenkie Enterprises recorded December 13, 1990 in Book 16298
of Official Records at page 223; said point is on the easterly right of way line of Cummings Skyway;
thence along said easterly right of way, southerly and southeasterly 3301 feet more or Is"to the
northerly right of way One of the.John Muir Parkway (Highway 4); thence in a general southerly
direction 1070 feet more or less to the northerly boundary of the parcel of land shown on the
Record of Survey lot line Adjustment 64-88 filed February 15, 1989 in Book 90 of Licensed
Surveyors Maps at page 16; thence along said northerly line and Its northwesterly prolongation
north 78°31'05"west 800 feet more or less to the southeasterly right of way One of Franklin Canyon
Road; thence along said right of way line in a southwesterly direction 5200 feet to the westerly
comer of parcel"B'as shown on the Minor Subdivision MS W70 filed October 9, 1970 in Book 14
of Parcel Maps at page 24, said point is on the easterly right of way line of the Atchison Topeka
and Santa Fe Railroad'right of way; thence southwesterly to the westerly right of way line of said
railroad;thence along said westerly right of way line in a general southerly direction 5400 feet more
or less; thence leaving said westerly right of way line south 450east 2300 feet; thence along the
westerly boundary of the 137.40 acre and 98.59 acre parcels south 0°20'20"east 2621.20 feet to
the southwest comer of the 98.59 acre parcel as shown on the Record of Survey filed May 29,
1953 in Book 15 of Licensed Surveyors Maps at page 44; thence along the southerly boundary
(15 LSM 44) One south 871150'20"east 2680.05 feet to the southeasterly comer of said 98.59 acre
parcel (15 LSM 44); thence along the west boundary Part F Rancho El Pinole south 0'54"west
1837 feet as shown on the Record of Survey filed October 20, 1937 in Book 4 of Licensed
Surveyors Maps at page 26;thence continuing southerly along said west boundary 1600 feet more
or less to point PR 26 on the boundary of that parcel of land granted to Soehngen recorded
February 22, 1980 in Book 9741 of Official Records at page 584; thence along said boundary
easterly 600 feet to the westerly right of way line of Femdale Road;thence along said right of way
1
f `
t
line southeasterly 1150 feet more or less to the northeasterly boundary of Parcel 'A" of minor
subdivision MS 81-78 filed July 11, 1979 in Book 78 of Parcel Maps at page 45; thence south
75`58'05"west 1071.26 feet; thence south 30°19"west 282.28 feet; thence south 24°21'06"east
1165.5 feet to the southwesterly comer of Parcel B (78 PM 45); thence leaving Parcel B (78 PM
45) southwesterly 6687.79 feet along the general southeasterly boundary of Parcel B to its most
southerly comer as shown on minor subdivision MS 8-87 filed .lune 25, 1993 in Book 162 of Parcel
Maps at page 25; thence southwesterly 1719.2 feet more or less along the northwesterly boundary
of Parcel"A"to the most westerly comer of parcel A as shown on minor subdivision MS 18-91 filed
December 29, 1992 in Book 160 of Parcel Maps at page 33; thence along the boundary of minor
subdivision MS 244-77 filed September 11, 1979 in Book 80 of Parcel Maps at page 35 the
following courses (1)south 1 02629"west 1058.16 feet, (2) south 87`18'30"west 2133.27 feet (3)
north 89°21'12"west 4888 feet more or less to the southwesterly comer of Parcel"A' (80 PM 35);
thence southerly, southwesterly,southeasterly 10454 feet more or less along the boundary of Tract
No. 27 as shown on the map of the Rancho 8 Sobrante to the most easterly point of Tract No. 26
(Rancho EI Sobrante); thence southwesterly along the southeasterly line of said Tract No. 26 and
Its southwesterly prolongation to the northeasterly right of way line of San Pablo Dam Road;thence
southeasterly along said right of way fine to the southeasterly boundary of Specific Tract D(Rancho
El Sobrante); thence south 47'50' west to the southerly comer of said Specific Tract D; thence
along the southwest boundary line of Specific Tract D north 42039' west 2253.9 feet and north
30°00'west 1511.4 feet more or less to the northerly comer of Lot 62(Rancho EI Sobrante);thence
south 44°58'west along the northwesterly line of said Lot 62 to the Alameda/Contra Costa County
boundary line; thence along the Contra Costa County boundary line in a general westerly,
northwesterly, northerly, northeasterly and easterly direction to a point on the County boundary line
which is perpendicular to the Point of Beginning; thence along said perpendicular line to the Point
of Beginning.
Rz jlg
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April 1, 1997
2
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DEVELOPMENT PROGRAM REPORT
FOR THE
WEST CONTRA COSTA SUB-REGIONAL
TRANSPORTATION MITIGATION FEE
Prepared By and For The:
Contra Costa County Community Development Department
and
Contra Costa County Public Works Department
• e
a � �•
s�
CONTRA COSTA COUNTY
April 1, 1997
7
f
TABLE OF CONTENTS
PAGE
INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 1
BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
PURPOSE OF AND NEED OF PROJECT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PROJECT DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PROJECT SCHEDULING AND STAGING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
FEE AREA BOUNDARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
PURPOSE OF THE FEE PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
USE OF THE FEES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT PROJECT. . . . . . 11
GENERAL PLAN RELATIONSHIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DEVELOPMENT POTENTIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
BASIS FOR FEE APPORTIONMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
CALCULATION OF FEE SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
FEE PROGRAM CONTRIBUTION TOWARD PROJECT . . . . . . . . . . . . . . . . . . . . . . . . 14
TRANSFER OF FEE PROGRAM REVENUE TO LEAD AGENCY . . . . . . . . . . . . . . . . .15
ANNUAL REVIEW OF FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
COLLECTION OF FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
INTEREST ON FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
IN LIEU DEDICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
-i-
f .
LIST OF FIGURES
PAGE
FIGURE 1 GENERAL LOCATION OF THE PROJECT 2
FIGURE 2 SR-4 WEST FWY. GAP CLOSURE PROJECT, PHASE 1 7
FIGURE 3 SR-4 WEST FWY. CAP CLOSURE PROJECT, PHASE 11 8
FIGURE 4 MAP OF PROPOSED FEE PROGRAM AREA BOUNDARY 10
LIST OF TABLES
TABLE 1 ABAG FORECAST OF WEST COUNTY 12
PROJECTED POPULATION (1997-2010)
TABLE 2 ABAG FORECAST OF WEST COUNTY 12
PROJECTED EMPLOYMENT (1997-2010)
TABLE 3 A.M. PEAK HOUR TRAFFIC VOLUMES (19972010) 13
TABLE 4 PROPOSED FEE PROGRAM RATES 14
TABLE 5 FEE PROGRAM COMMITMENT TOWARD PROJECT 15
LIST OF EXHIBITS
EXHIBIT"A" LEGAL DESCRIPTION OF FEE AREA 17
_II_
DEVELOPMENT PROGRAM REPORT
FOR THE WEST CONTRA COSTA
SUB-REGIONAL TRANSPORTATION MITIGATION FEE
ITRODUC 'IQN
This Development Program Report outlines the concept, methodology, and procedure for
implementing the West Contra Costa Sub-Regional Transportation Mitigation Fee. The
purpose of this report is to outline a program to augment funding for the design and
construction of safety and route continuity improvements to the western segment of
highway on State Route 4 West between Cummings Skyway and Interstate 80.
The Growth Management Plan (GMP) mandated by the voters in Contra Costa when
Measure C was passed in 1988 stipulates that new growth should provide infrastructure
required to service the respective growth. In 1991, the need to establish funding programs
to ensure that new growth pay for expanding or upgrading public infrastructure was
included in the Contra Costa County General Plan. Adoption of this fee will assist the
County in complying with both of these requirements.
The remainder of this report explains the means of providing funds for the design and
construction of road safety and continuity improvements to State Route 4 West, which will
serve planned growth within the general West County area.
This Development Program Report is required by the County Board of Supervisors` Policy
on Bridge Crossings and Major Thoroughfare Fees (adopted July 17, 1979) which
implements Division 918 of the County Ordinance Code and applies to areas in
unincorporated Contra Costa County. This Development Program Report is also in
fulfillment of Sections 66484 of the State Subdivision Map Act.
1
1 F
BACKGROUND
State Route 4 begins at the interchange with Interstate 80 (1-80) near the northwestely
limits of Contra Costa County and proceeds along an east-west route for 31 miles to
connect with State Route 1+60 in Antioch. State Route 4 is one of two east west corridors
in Contra Costs County which links major employment centers, vital industries,
educational, governmental, and recreational facilities, and residential developments in
eastern, central, and western subareas of the County. It serves as a key route for
intercounty and interregional truck freight movement. Within this 31-mile stretch, State
Route 4 is predominantly a divided freeway with a minimum of two lanes in each direction,
except for the 4.7 mile section between 1-80 and Cummings Skyway, which is a two-lane
undivided highway extending through the Franklin Canyon area to the City of Hercules.
This section of State Route 4 West is an at-grade, undivided two-lane highway with
restricted sight distances and nonstandard shoulder widths and curves radii. It is located
adjacent to the two-lane highway is land set aside for grazing agricultural, industrial,
recreational, and residential uses which currently have limited access to the highway.
An improvements to this 4.7 mile section of State Route 4, which included construction of
a freeway, was studied as early as 1958. In April 1985, the California Department of
Transportation (Caltrans) prepared a Route Concept Report for State Route 4 that
recommended the 4.7 mile two-lane, undivided section of the highway between 1-80 and
Cummings Skyway be upgraded to a six-lane divided freeway with extra hill climbing lanes
to accommodate increased volume of trailer-truck traffic and peak hour commuter traffic.
The Contra Costa Transportation Authority has most recently completed a Major
Investment Study (MIS) for this section of State Route 4 West which evaluated the
technical and cost effectiveness of various transportation strategies for this corridor. The
MIS concluded that this section of the highway should be upgraded to a four-lane divided
highway and ultimately as travel demand warrants and funding becomes available it should
be further improved to a full freeway configuration. '
In 1988, the voters of Contra Costa conveyed their support for the State Route 4 West Gap
Closure Project by approving a % cent sales tax (Measure C), a portion of which was
designated to help fund a freeway gap closure project. The project, as outlined in the
ballot measure, included widening and improving the 4.7 mile section of State Route 4 to
a full freeway. FIGURE 1 shows the general location of the project.
HA!gr Invemnent Stuff:Rat r 4 Qa fi*om_I--80 to Cumminti SAmgy in Contra Co g County,
prepared by Mark Thomas&Co.for the Contra Costa Transportation Authority(March 10, 1995)
2
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EQU
GENERAL LOCATION OF THE PROJECT
Route 4 trap
From 1-80 to Cummings Skyway
in Contra costa County
v
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MARTINEZ
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HERCULES
CONCORD
RICHMOND
WALNUT CREEK
4
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OA D
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Contra Costa
Transportation Authority
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PURPOSE OF AND NEED FQR_THE PF O ECT
The purpose of the proposed project is to enhance safety, to alleviate existing and
projected peak hour traffic congestion, and to improve operations on the 4.7 mile (7.6
kilometers) segment of State Route 4 between 1-80 and Cummings Skyway. This project
is most often referred to as the State Route 4 West Gap Closure Project.
SAFETY:
The western section of State Route 4 has a high volume of trailer truck traffic
(approximately 11 percent of total traffic volume) and has many access points to local
businesses and residences. Safety improvements are needed in the 4.7 mile segment
between 1-80 and Cummings Skyway to address the following conditions:
1) Substandard shoulder widths and curve radii and restricted sight distances;
2) Vehicles turning left into and out of businesses and residences which now must
cross onto the highway lanes against high speed traffic;
3) Substandard acceleration and deceleration lanes where access to the highway has
been provided;
4) Substandard trucking climbing lane in the eastbound direction.
Between 1989 and 1594, Caltrans reported 213 accidents, resulting in twelve fatalities and
1181 injuries, occurring within the 4.7 mile segment of State Route 4 West. The fatality rate
for this period is 0.042 accidents per Million-Vehicle Miles, which is slightly higher than the
state wide average for similar facilities.x
TRAFFIC CONGESTION:
The traffic volumes on State Route 4 West routinely cause significant delays for mainline
traffic as well as vehicles accessing the highway from roads or driveways. Annual Average
Daily Traffic(AADT)capacity for a two-lane highway in level terrain with 11% truck traffic
is approximately 22,100 according to the Institute of Trens2odgUpn Engl,Oeers„ UM
H&hta a)t Capm&MAnuaj Within the project limits the 1950 AADT was determined to be
32,000 between 1-80 and Cummings Skyway. According to 1990 data this section of the
highway was operating at below Level of Service E., More recent data indicate that today
in 1857 the highway is-nearing its capacity level.
It is noted that the ideal total two-way capacity for a two lane undivided highway is 2,800
2 Ug3nr InytWment&W&Rmte I Qg from 1-80 to Qyi ingi Skg=in(antra Comma Co miy,
prepared by Mark Tbomas&Co.for the Contra Costa Transportation Authority(March 10, 19'95)
4
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1 1
vehicles per hour. However, given the percentage of trucks, directional split, narrow
shoulders, reduced curve radii, and restricted sight distance, the theoretical two-way
capacity on the 4.7 mile segment of State Route 4 West is closer to 2,300 vehicles per
hour. Recent traffic counts recorded a total AM peak hour volume at 2,750 and speeds
at approximately 44 mph near the Franklin Canyon Golf Course. Traffic projections for
Year 2000 indicate an expected increase in traffic demand of up to 25%. Recent travel
demand modeling predicts that AADT in the Year 2000 for this segment of highway will
reach 39,000(roughly 75% higher than theoretical capacity) and total two way peak hour
volume will increase to 3,560 vehicles per hour(55% higher than theoretical capacity). As
traffic demand increases, LOS will further degrade on the route significantly increasing
motorist delay, if additional highway lane capacity in both directions is not provided.
PRQJECT DESCSIPTION
The State Route 4 West Gap Closure Project would construct a full four-lane freeway
facility between 1-80 and the Cummings Skyway Interchange and is currently estimated to
cost $112 million. The freeway project would be constructed on one of four alignment
options, now being studied in an Environmental Impact Statement/Environmental Impact
Report (EIS/EIR), that generally run 100 to 400 feet north of the existing highway. The
project is planned to be constructed in two main phases:
Phase / - Constructing a Fully Divided Four-Lane Highway. This initial phase would
construct two new lanes north of the existing roadway (along the ultimate freeway
alignment). In conjunction with the existing two lane roadway, Phase /would provide a
four-lane fully divided facility through the corridor and would include only one full
movement at-grade intersection which may or many not warrant a signal. From 1-80 to
Sycamore Avenue an additional lane would be constructed in each direction resulting in
a four-lane facility. Between Sycamore Avenue and Loprest/Asbury driveway, two
additional lanes would be constructed immediately north of the existing roadway. An
overcrossing would be constructed near the Unocal Carbon plant to eliminate need for an
at-grade intersection in this area. The new roadway lanes would then transition northerly
between the Burlington Northern Santa Fe Railroad (BNSF) tracks and the Yellow Freight
Systems and Burton Machine sites, climbing to cross over BNSF rail tracks north of
Christie Underpass and would then conform back to the existing highway alignment just
west of Cummings Skyway. Eastbound lanes would utilize the existing highway and
westbound traffic would use the two newly constructed lanes. See FIGURE 2 for a
schematic diagram of these improvements. The total cost for Phase I improvements is
estimated at $65 million.
Phase // - Completing the Freeway. The second phase would construct two additional
lanes along the same alignment immediately north of the lanes constructed in Phase I,
resulting in a four4ane freeway facility between 1-80 and Cummings Skyway Interchange.
5
i
Once this phase is completed, the existing roadway would then be converted to a
continuous two way south side frontage road, providing local access from Hercules to
Cummings Skyway Interchange. Phase ll is estimated to cost $47 million. See FIGURE
3 for a schematic diagram of Phase 11 improvements.
FRGJECT SCHEDULE AND STAGING
The Contra Costa Transportation Authority is currently preparing an EIS/EIR for the
project. It is anticipated that the draft EIS/EIR will be released for public review and
comment during Spring 1997 and certified by Fall 1997. Contingent upon securing funds,
the project's design activities could begin as early as Summer 1997 and be ready for
construction by mid-1999. Due to the uncertainty in the level and timing of funding for this
project, Phase /construction could be divided into several stages.
6
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ELGUBE-2
SR4 WEST FWY. GAP CLOSURE PROJECT, PHASE
RCM d FREEWAY CAP PROJECT
PHASE 1
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FIGURE 3
SR-4 WEST FWY. GAP CLOSURE PROJECT, PHASE U
ROUTE d FREEWAY GAP PROJECT
PHASE 2
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FEE PROGRAM AREA BOUNDARY
The fee area will include the unincorporated areas of western Contra Costa County,
including those areas adjacent to the communities of Crockett, Rodeo, North Richmond,
East Richmond Heights, and El Sobrante.
It is anticipated that the cities of Hercules, Pinole, San Pablo, Richmond, and El Cerrito
will form similar fee areas within their incorporated areas.
FIGURE 4 shows the-general location of the Fee Area in western Contra Costa County.
A legal description of the fee area is attached as EXHIBIT"A."
PURPOSE OF THE FEE PROGRAM
The purpose of this program is to generate funds, through the adoption of a dedicated fee
on development for subregional traffic mitigation, that will support and augment funding
for the State Route 4 West Gap Closure Project. The State Route 4 West Gap Closure
Project will improve safety and route continuity to a substandard highway, provide
additional capacity, and help to reduce congestion on this and other nearby roads. By
adoption of this fee, the transportation system can keep pace with the planned growth in
the area by meeting the region's transportation needs and improving transportation
infrastructure contained in the circulation elements for the General Plans of Hercules and
Contra Costa County and also in the Contra Costa Transportation Authority's Countywide
Comprehensive Transportation Plan. The funds collected may also be used as the local
match required to obtain State and/or Federal funds for the State Route 4 West Gap
Closure Project.
USE OF THE FEES
The proposed fees will be used to augment other funding sources, including Measure C
Sales Tax funds and State and Federal transportation funds, for the State,Route 4 West
Gap Closure Project. The fees collected will be used for project development activities,
including planning and design studies, preparation of environmental reports, acquisition
of right of way, and construction of the State Route 4 West Gap Closure Project. The fees
may be used to reimburse agencies who advance funds for the project from other funding
sources. These fees will also pay for some administrative expenses incurred in developing
and administering the fee program.
9
FIGURE 4
MAP OF BOUNDARY
PROPOSED
WEST CONTRA COSTA SUB-REGIONAL
TRANSPORTATION MITIGATION FEE PROGRAM
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Suisun say Marsh
San PAW say ti
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Area
Ma
Contra Costann r
County
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The proposed fees will support improvements to the State Route 4 West Gap Closure
Project to meet the minimum traffic level of service requirements and safety demands
for the 4.7 mile section of highway. The project will be constructed to Caltrans highway
design standards.
Improvements to this section of State Route 4 West will be constructed in usable
segments as funds become available.
RELATIONSHIP BETWEEN USE OF FEES AND TYPE OF DEVELOPMENT
PRQJECT
The State Route 4 West Gap Closure Project is necessary for safety and to improve the
capacity of the road network serving the West County area as determined by planned
growth depicted in the General Plans for Contra Costa County, Hercules, Pinole, San
Pablo, Richmond and El Cerrito. The road network outlined in these documents depicts
State Route 4 West as a major transportation corridor.
A trip generation factor has been designated for each of the various land uses outlined
in this Development Program Report. These factors were determined utilizing the
Institute of Tre spot ation Engineers IITEJ, Trie Generation Manu L Sth Edition and
results of the West County Traffic Model. As a result, the proposed fees are directly
related to traffic generated by each particular land use category with non-residential trip
generation factors significantly reduced from the standard values in the ITE manual.
GENERAL PLAN RELATIONSHIP
The Circulation Element for the Contra Costa County General Plan depicts State Route
4 West as a four-lane divided highway. The State Route 4 West Gap Closure Project
will, therefore, meet an objective of the Contra Costa County General Plan's Circulation
Element by constructing a divided four lane facility on the 4.7 mile segment of State
Route 4 West between 1-80 and Cummings Skyway.
DEVELOPMENT POTENTIAL
The development potential for the West County fee program area was estimated using
the Association of Bay Area Governments' Pmjectfons 94 forecast which projected
growth to the year 2010 for the cities of Hercules, Pinole, San Pablo, Richmond, and EI
Cerrito and ContraCosta County. The State Route 4 West Gap Closure Project will be
partially funded by development mitigation fees uniformly assessed over the entire
West County region per dwelling unit or per square foot of gross floor area. For
11
i
r
example, the fee assessed to a new single family home would be the same whether it
was located in Hercules, Pinole, San Pablo, Richmond, El Cerrito or in an
unincorporated community in the West County area. A summary of the estimated
development potential for the fee area is shown in TABLE 1: ABAG Forecast of West
County Projected Population and TABLE 2: ABAG Forecast of West County
Employment (1997-2010).
MILE I
ABAG Forecast of Went County Projected Population (1997-2010)
Jurisdiction 11197 2010 Increment Sham Growth
EI Cerrito 30,004 31,500 1,496 5.9% 5.0%
Hercules 19,390 29,500 7,410 29.0% 38.2%
Pinole 27,742 29,500 1,758 6.9% 6.3%
Richmond 109,298 122,200 12,902 50.5% 11.8%
San Pablo 29,734 30,800 1,066 4.2% 3.6%
Rodeo-Crockett 12,148 13,100 952 3.7% 7.8%
EI Sobrante
=TOTALst Coun 228,903 264,473 26,670 100.00/0 111.29A
Growth in EI Sobrante is included in the Richmond area
TAB
ABAG Forecast of West County Projected Employment(1997-2010)
Jurisdiction Retail Office Industrial Total Share Growth
EI Cerrito 28 326 -32 322 1.6% 4.4%
Hercules 642 968 1,076 2,888 13.5% 78.7%
Pinole 342 326 172 840 4.2% 15.0%
Richmond 1,318 7,288 6,564 15,170 76.3% 38.9%
L
blo 34 496 82 612 3.1% 8.7%Cncett 70 142 28 240 1.2'36 10.5%
ante`West Count 2,434 9,648 7,890 19,870 100.0% 30.70•h
`Growth in EI Sobrante is included in the Richmond area
12
i
BASIS FOR FEE APPORTIONMENT
The portion of the cost of the State Route 4 West Cap Closure Project to be funded by
this fee program has been distributed between the individual land use categories based
on daily a.m. peak hour trip generation. TABLE 3 presents the total growth in a.m.
peak hour traffic by jurisdiction, assuming that Phase /, State Route 4 West Gap
Closure Project is completed by Year 2010.
TAR
A.M. Peak Hour Traffic Volumes (1997-2010)
Jurisdiction 1997 2010 increment Share Growth
El Cerrito 10,451 11,268 787 6.1% 7.5%
Hercules 9,536 13,315 3,779 29.2% 39.8010
Pinole 5,976 10,229 1,253 9.7% 14.0%
(richmond 29,620 34,726 5,106 39.4% 17.2%
San Pablo 10,605 12,291 1,686 13.0% 15.9%
Rodeo-Crockett 3,587 1 3,940 354 2.7% 9.9%
EI Sobrante 221 214
MAL V2;1 n 0
*Growth in El Sobrante is included in the Richmond area
13
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i
CALCULATION OF FEE SCHEDULE
As previously mentioned, the fees are assessed to the various land use categories in
proportion to the number of daily trips generated. The proposed fee rates as shown
below are rounded off from the calculated values. The fee calculation is shown in
TABLE 4.
TABLE 4
PROPOSED FEE PROGRAM RATES
LAND USE CATEGORY FEE RATE
Single Family Residential $700/dwelling unit
Multi-Family Residential $560/dwelling unit
Retail Commercial $0.20/square foot
Office $0.20/square foot
Industrial $0.20/square foot
Other $150.001 eak hour tri
A'development mitigation fee appears to be a viable revenue source at this time to
augment funding for the State Route 4 West Gap Closure Project because of the
significant demand on transportation funds to improve road and transportation
infrastructure throughout the Bay Area and the entire State. The above estimates
include construction, right of way, environmental documentation, planning, engineering,
administration, and contingencies.
The cost of the project would be uniformly distributed per each dwelling unit or each
square foot of gross floor area of building space throughout the entire West County
area.
FEE PROGRAM CONTRIBUTI N TOWARD PROJECT
This fee program will provide a funding commitment toward Phase !of State Route 4
Vilest Gap Closure Project. Based on ABAG growth projections to the year 2010, the
cumulative fee revenues received from each participating jurisdiction in West County
will contribute funding for about 6% of the $65 million needed for the State Route 4
West Gap Closure Project, Phase t, or, approximately $ 4.1 million (See TABLE 5).
14
TABLE 5
FEE PROGRAM CONTRIBUTION TOWARD PROJECT
PROJECT FEE PROGRAM MEASURE OTHER TOTAL
DESCRIPTION CONTRIBUTION C FUNDING COST
SALES SOURCES ESTIMATE
TAX
Phase 1, SR-4 West Fwy $ 4.1 Mil. $40.1 Mil. to be $ 65 Mil.
Gap Closure Project determined
Phase 11, SR-4 'West n/a n/a n/a $ 47 Mil.
Fwy. Gap Closure
Project
$112
Million
TRANSFER OF FEE PROGRAM REVENUE TO LEAD AGENCY
Contra Costa County, and the cities of Hercules, Pinole, San Pablo, Richmond and EI
Cerrito, will jointly enter into a Master Cooperative Agreement with the Contra Costa
Transportation Authority to serve as the serve as the lead or sponsoring agency for
financial administration, environmental clearance, planning, design, and construction of
the State Route 4 West Gap Closure Project. This Master Cooperative Agreement will
establish procedures for transferring fee program revenue from each participating
jurisdiction to the Contra Costa Transportation Authority.
It is anticipated that fee revenues will be transferred by Contra Costa County to the
Contra Costa Transportation Authority on a quarterly basis, with a brief Ouarterly
Report which includes a description of fee revenue collected and any credits against
the fee granted by Contra Costa County and less any administrative expenses incurred
by Contra Costa County. The Contra Costa Transportation Authority will deposit the fee
revenue into an interest-bearing account to be used solely for activities in support of the
State Route 4 West Gap Closure Project.
15
r -
ANNUAL REVIEW OF FEES
Project cost estimates will be reviewed annually by analyzing the previous year's
change in the California Construction Cost index as published annually by Callfomia
State Department of Transportation. Appropriate adjustments in the fees may then be
established by ordinance or resolution. The fee shall not increase more than 5% in any
given year due to inflation.
COLLECTION OF FEES
Fees shall be collected upon issuance of building permits, in accordance with Section
913-4.204 of Title 9 (Subdivisions) of the Contra Costa County Ordinance Code, to
assure that funds are available to construct needed road improvements before newly
generated traffic exceeds the capacity of the existing facilities. Fees collected will be
deposited in an interest bearing trust fund account.
INTEREST ON FEES
The interest accrued on the fees collected shall accumulate in the trust fund account
and shall be used for the planning, environmental documentation, design, acquisition of
right of way, and construction of the State Route 4 West Gap Closure Project and for
the purpose of fee program administration.
IN:.LIEU DEDICADON
A development may be required to construct, or dedicate right of way for, a portion of
the State route 4 West Gap Closure Project. In such a case the developer may be
eligible to receive credit against the fee.
P
a:wp9lMwde�t.rpt .
16
EXHIBIT "A"
LEGAL DESCRIPTION OF FEE PROGRAM AREA
17
i
WCCTAC Boundary
Legal Description
EXHIBIT"A"
Real property in Contra Costa County, California described as follows:
Beginning at the most south easterly comer of the 18.04 acre parcel of land shown on the Record
of Survey filed December 22, 1931 in Book 2 of Licensed Surveyor Maps at page 5; thence from
said Point of Beginning south 66°11`00"west 125.15 feet to the northeasterly line of the Southern
Pacific Railroad right of way;thence southerly to the southwesterly line of said railroad right of way
to an 1/2" iron pipe and tags L.S. 3489 as shown on the Record of Survey filed April 10, 1990 in
Book 93 of Licensed Surveyors Maps at page 32; thence south 43112643"west 341 feet more or
less to the westerly right of way line of Carquinez Scenic Drive(formerly Pomona Avenue); thence
along said right of way line in a general southerly direction 555 feet more or less to the easterly
boundary of the parcel of land granted to Hook Recorded December 19, 1993 in Book 18288 of
Official Records at page 889; thence along said boundary in a general southerly and southeasterly
direction 1771 feet more or less to the southeasterly comer of said Hook parcel (18288 OR 889);
thence along the south line of said parcel and its westerly prolongation,west 4050 feet more or less
to the easterly right of way line of McEwen Road; thence westerly 50 feet more or less to the
westerly right of way line;thence continuing westerly 4250 feet more or less to the northwest comer
of the parcel of land granted to Brenkie Enterprises recorded Deoember 13, 1990 In Book 16298
of Official Records at page 223; said point is on the easterly right of way line of Cummings Skyway;
thence along said easterly right of way, southerly and southeasterly 3301 feet more or less to the
northerly right of way line of the John Muir Parkway (Highway 4); thence in a general southerly
direction 1070 feet more or less to the northerly boundary of the parcel of land shown on the
Record of Survey lot line Adjustment 8 filed February 15, 1989 in Book 90 of Licensed
Surveyors Maps at page 16; thence along said northerly line and its northwesterly prolongation
north78031'05"west 800 feet more or less to the southeasterly right of way line of Franklin Canyon
Road; thence along said right of way line in a southwesterly direction 5200 feet to the westerly
comer of parcel"B"as shown on the Minor Subdivision MS 98-70 filed October 9, 1970 in Book 14
of Parcel Maps at page 24, said point is on the easterly right of way line of the Atchison Topeka
and Santa Fe Railroad right of way;thence southwesterly to the westerly right of way line of said
railroad;thence along said westerly right of way line in is general southerly direction 5400 feet more
or less; thence leaving said westerly right of way line south 45°east 2300 feet; thence along the
westerly boundary of the 137.40 acre and 98.59 acre parcels south 0020'20"east 2621.20 feet to
the southwest comer of the 98.59 acre parcel as shown on the Record of Survey filed May 29,
1953 in Book 15 of Licensed Surveyors Maps at page 44; thence along the southerly boundary
(15 LSM 44) line south 87°50'20"east 2680.05 feet to the southeasterly comer of said 98.59 acre
parcel (15 LSM 44); thence along the west boundary Part F Rancho El Pinole south 0°54" west
1837 feet as shown on the Record of Survey filed October 20, 1937 in Book 4 of Licensed
Surveyors Maps at page 26;thence continuing southerly along said west boundary 1600 feet more
or less to point PR 26 on the boundary of that parcel of land granted to Soehngen recorded
February 22, 1980 in Book 9741 of Official Records at page 584; thence along said boundary
easterly 600 feet to the westerly right of way line of Ferndale Road; thence along said right of way
1
t
fine southeasterly 1150 feet more or less to the northeasterly boundary of Parcel "A' of minor
subdivision MS 81-78 filed July 11, 1979 in Book 78 of Parcel Maps at page 45; thence south
75058'05"west 1071.26 feet; thence south 30019"west 282.28 feet; thence south 24021'06"east
1165.5 feet to the southwesterly comer of Parcel B (78 PM 45); thence leaving Parcel B (78 PM
45) southwesterly 6687.79 feet along the general southeasterly boundary of Parcel B to its most
southerly comer as shown on minor subdivision MS 8-87 filed June 25, 1993 in Book 162 of Parcel
Maps at page 25; thence southwesterly 1719.2 feet more or less along the northwesterly boundary
of Parcel "A"to the most westerly comer of parcel A as shown on minor subdivision MS 18-91 filed
December 29, 1992 in Book 160 of parcel Maps at page 33; thence along the boundary of minor
subdivision MS 244-77 filed September 11, 1979 in Book 80 of Parcel Maps at page 35 the
following courses (1)south 1°2629"west 1058.16 feet, (2) south 87018'30"west 2133.27 feet (3)
north 891121'12"west 4888 feet more or less to the southwesterly comer of Parcel "A' (80 PM 35);
thence southerly, southwesterly,southeasterly 10454 feet more or less along the boundary of Tract
No. 27as shown on the map of the Rancho El Sobrante to the most easterly point of Tract No. 26
(Rancho El Sobrante); thence southwesterly along the southeasterly line of said Tract No. 26 and
its southwesterly prolongation to the northeasterly right of way line of San Pablo Dam Road;thence
southeasterly along said right of way line to the southeasterly boundary of Specific Tract D(Rancho
El Sobrante); thence south 47°50' west to the southerly corner of said Specific Tract D; thence
along the southwest boundary line of Specific Tract D north 42039' west 2253.9 feet and north
30°00"west 1511.4 feet more or less to the northerly comer of Lot 62 (Rancho El Sobrante);thence
south 44°58'west along the northwesterly line of said Lot 62 to the Alameda/Contra Costa County
boundary line; thence along the Contra Costa County boundary line in a general westerly,
northwesterly, northerly, northeasterly and easterly direction to a point on the County boundary line
which is perpendicular to the Point of Beginning;thence along said perpendicular line to the Point
of Beginning.
RZ:jlg
g:WerlcallexhibitstRSLotlin.t3
April 1, 1997
2
West Contra Costa County Subregional
Transportation Mitigation Program
Nexus Analysis
■ Introduction
The West Contra Costa Transportation Advisory Committee (WCCTAC) is in the process
of establishing a Subregional Transportation Mitigation Program (STMF) in response to
Contra Costa County's Measure C— the 1/2 cent sales tax measure for transportation
programs and projects passed in 1988. Measure C requires that a program of regional
traffic mitigation fees, assessments, or other mitigations be developed to fund regional
and subregional transportation projects. The STMP fee will be charged on new
development to augment other funding for the I iighway 4 West project and two transit
projects. The purpose of this report is to document the technical analysis necessary for the
implementation of the STMT fee.
■ Methodology
An area wide fee program must conform to the requirements of Government Code 66000
et seg, and subsequent opinions issued by the U.S. Supreme Court, California Supreme
Court, and lower courts. While the statutes and court decisions provide general
guidelines, the design and implementation of multi-jurisdictional impact fees is not as
tightly circumscribed as other local revenue measures (e.g., assessment districts, local
sales tax measures, subdivision map/developer exactions). Nevertheless, the statutory
requirements and judicial guidance allowed WCCTAC to follow a basic five step process
to design its regional fee:
1. Project the Amount of New Development. ABAG's Projections 94 provides the
forecast of new residents and employees moving into West County over the next 20
years. The nexus analysis and fee calculations depend on converting this projection of
residential and employment growth in each jurisdiction to a 13 year increment of new
trip generation (1997 to 2010). The net increment of new trips, however, must be
reduced by the trips from exempt development. Exempt development has already
received a vesting tentative map or has a, development agreement excluding
assessment of additional fees.
2. Specify the Transportation Improvements Needed to Accommodate Growth. The
law allows'WCCTAC to require new development to mitigate its full impact on the
West County routes of regional significance (i.e., maintain current levels of service
(LCIS)). The WCCTAC,however,has limited the maximum costs to new development
to approximately $24.5 million, the unfunded portion of eight projects. This is
substantially below the threshold of new development's full responsibility.
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3. Evaluate the Relationship Between the Improvements, the Share of Funding from
New Development, and the Impact of New Trip Generation. The improvements
must provide benefits that are in reasonable proportion to the amount of the impact
fees paid by new development. WCCTAC has chosen to impose a uniform fee
because it has reached a consensus that new development in all parts of the West
County area will receive roughly proportional benefits from the improvements.
4. Allocate Costs Across Land Use Types. Fee amounts should be fairly distributed
among residential, retail, office, and industrial development. This distribution is
based on the trip generation characteristics of each land use type.
5. Prepare Fee Schedules and Implementation Ordinances. Each local jurisdiction,
through their exercise of their police power, must adopt an ordinance imposing the
fee on development within their jurisdiction.
The remainder of this report explains the calculations and presents the results of each of
the five steps described above. Supporting documentation regarding transportation
analyses and computer modeling is available from WCCTAC.
■ New Development and Incremental 'Trip Generation
From 1997 through 2010, new development in the West Contra Costa County area will
generate 12,957 additional a.m. peak hour trips on the area's routes of regional
significance,an increase of almost 18 percent over the next 13 years.
Population, Employment, and Land Use Growth
The STMT assumes the population and employment growth forecast presented in the
ABAG 1994 Projections 94 for West Contra Costa County. The figures for 1997, the initial
year for STMP implementation, are estimated by straight line interpolation between the
years 1990 and 2000. Table 1 presents the population and employment projections.
Table 1. ABAG Forecast of West Contra Costa County Population (1997-2018)
Jurisdiction 1917- _ 2010 Increment Share Growth
E]Cerrito 30,004 31,500 1,4% 5.9% 5.00/0
Hercules 19,390 26,800 7,410 29.0010 38.2%
Pinole 27,742 29,500 1,758 6.9% 6.3%
Richmond 109,298 122,200 12,902 50.5% 11.8%
San Pablo 29,734 30,800 1,066 4.2% 3.6%
Rodeo-Crockett 12,148 13,100 952 3.7% 7.8%
El Sobrante 587 573 (14) -0.1% -2.4%
Total WCCC 228,903 254,473 25,570 100.0% 11.2%
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As shown in Table 1, residential development in Richmond will accommodate over half
of the area's population growth. Hercules, the area's fastest growing jurisdiction, will
account for 29 percent of the area's new residents. The remaining jurisdictions will
account for between four and seven percent.
Table 2 shows that office employment in Richmond is projected to grow the most of the
three categories of employment across all seven jurisdictions. Total employment for the
region is expected to increase by over 30 percent, with the total jobs in the City of
Hercules increasing by almost 79 percent.
Table 2. ABAG Forecast of West Contra Costa County Employment(1997 to 2010)
Retail Office Industrial Total Share Growth
El Cerrito 28 326 (32) 322 1.6% 4.4%
Hercules 642 968 1,076 2,686 13.5% 78.7%
Pinole 342 326 172 840 4.2% 15.0%
Richmond 1,318 7,288 6,564 15,170 76.3% 38.9%
San Pablo 34 4% 82 612 3.1% 8.7010
Rodeo-Crockett 70 142 28 240 1.2% 10.5%
El Sobrante 0 0 0 0 0.00/0 00/0
Total WCCC 2,434 91546 7,890 19,870 100.00/0 30.7%
Population and employment growth will generate and attract new trips on the area's
regional roadways. The socioeconomic projections shown in Tables 1 and 2 are used in a
transportation demand forecasting model developed specifically for the WCCC area to
forecast the increase in travel. The results of the modeling are shown in Table 3.
Trip Generation
Table 3 presents the a.m. peak hour traffic volumes for the year 2010, assuming the
interim project on Highway 4 is constructed by the year 2010. It shows that new
development will increase a.m.peak hour trip volumes over 17 percent during the next 13
years. Almost 40 percent of this increase will come from the City and sphere of Richmond
and another 30 percent will come from Hercules.
Table 3. AM Peak Hour Volumes From 1997 to 2010
Jurisdiction 1997 2010 Increment Share Growth
El Cerrito 10,481 111268 787 6.1% 7.5%
Hercules 9,536 13,315 3,779 29.2% 39.6%
Pinole 8,976 10,229 1,253 9.70!0 14.0%
Richmond 29,620 34,726 5,106 39.4% 17.2%
San Pablo 10,605 12,291 1,686 13.0% 15.9%
Rodeo-Crockett 3,587 3,940 354 2.7% 9.9%
EI Sobrante 221 214 -7 -0.1% -3.3%
Total WCCC 73,026 85,983 12,957 100.00/0 17.7%
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The total increment of 12,957 new trips encompasses all trips that either originate or
terminate in the West County area. In addition, roughly 3,000 new through trips
(external—external) will use some part of the West County regional system. The impact
of these new trips will be mitigated from state and federally-funded projects.
Exempt Development
The total increment of new trip generation (from 1997 to 2010) includes trips from new
development that will be exempt from paying a STMP fee. Their exemption is due to
either one of two legal criteria applying to a development project that has (1)been issued
a vested tentative map or(2)completed a development agreement that explicitly excludes
assessment of any additional fees. If either of these criteria apply to the development
project as of the official date the jurisdiction's council or board adopts the STMP, the
developer may pull the proscribed number of building permits without paying a fee.
While the transportation impacts of exempt development will be as real as non-exempt,
WCCTAC cannot impose a STMP fee and therefore cannot collect fee revenues for the
proposed projects. Thus,we must subtract the number of new trips generated by exempt
development from the toll increment of new trips. The results is the new amount of new
trips over which we can allocate the unfunded costs of the selected improvements.
We calculate the number of trips generated by exempt development by specifying the
exempt development project's specific type(s) of land use and converting these into trips.
A vested project with twenty dwelling units of single family residential, for example,
would generate 0.74 a.m.peak hour trips per unit or a total of 14.8 peak hour trips.
Table 4. Estimates of Exempt Development By jurisdiction (1997-2010)
Residential Non-Residential
Dwelling Unit Retail S+Ft. Office S+Ft. Total
El Cerrito -- 60,000 60,000
Hercules -- -- 42,000 42,000
Pinole -- -4 --
Richmond -- -- 928,000 928,000
Sart Pablo 45 --
Rodeo-Crockett 100 -- — --
El Sobrante 104 -- -- •.
Total WCCC 249 60,000 970,000 1,030,000
As shown in Table 4, exempt development in the WCCC area amounts to 249 single
family dwelling units and slightly more than one million square feet of retail and office
space. None of the jurisdictions identified exempt industrial development.
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The appropriate ITE trip generation rates are applied to the exempt development in order
to estimate the number of new trips that must be deducted from the total increment.' The
total number of trips from exempt residential development equals 148 a.m. peak trips.
Non-residential development will generate 1,220 a.m. peak trips, producing 1,368 total
trips that must be deducted from the total increment of 12,957 new trips. The net number
of new trips that may be assigned a share of the cost of improvements equals 11,589.
Transportation Improvements
The WCCTAC has evaluated the impact of new development on its subregional system
and identified numerous improvements. These improvements--if all were completed by
the year 2010—would minimize the worst of the congestion caused by the next 13 years of
growth within the area. While the WCCTAC could require new development to mitigate
all of the congestion it causes,cost of these improvements exceeds the amount of funding
private development could support.
WCCTAC, therefore, has selected the highest priority projects for inclusion in the STMT.
The cost of these improvements, shown in Table 5, includes over 54 percent of the total
funding from other public sources.
Table 5. STMP Projects and Available Funding
Available Unfunded
Project Tectal Cost Funding Amount
Route 4 Gap Project Near Hercules-Upgrade Conventional $48,000,000 $29,000,000 $19,000,000
Hwy.
El Cerrito BART Station Parking Structure $5,000,000 $4,543,000 $1,457,000
Richmond Intermodal BART Station Improvements $7,000,000 $5,500,000 $1,500,000
San Pablo Avenue Corridor or AC Transit $2,000,000 $2,000,000
WCCC Pathfinder Sign Program $214,500 $214,500
EBRP District 1 Bay Trail Crockett Section $123,000 $48,000 $75,000
EBRP District 2 Bay Trail Pinole Section $850,000 $750,000 $100,000
Pinole/Hercules Bay Trail Connector $80,000 $80,000
Total STMP $54,257,500 $39,841,000 $24,425,500
'The ITE trip generation rates are shown in Table 7.
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The unfunded portion of the STMP's total $64.3 million cost equals roughly $24.5 (1997
dollars), or about 38 percent. In addition to the eight STMP projects shown above, West
County will receive an additional$94 million worth of improvements on regional routes.a
This brings the total cost of regional improvements to roughly $158 million from 1997 to
2010.
Credit for SMTP Land Dedications and Improvements
If in the future local efforts directly overlap with the STUT projects, some form of credit
may be given to development subject to the regional fee. The WCCTAC, however, will
exercise some level of discretion over the definition of overlap. For example,most WCCC
jurisdictions require development abutting a regional route to dedicate 120 feet of right-
of-way for the route's future widening; thus, such a dedication would not be eligible for
credit. Dedications in excess of this width, however, could receive a dollar-for-dollar
credit.
A developer may also request a further reduction in fees through the governing
jurisdiction if it is the opinion of the developer that the project may generate a lower
number of trips than data provided by the Institute of Transportation Engineers (ITE).
The fee reduction would be based upon a traffic study. The methodology for conducting
the study shall be approved by the WCCTAC upon recommendation of the
WCCTAC-TAC.
■ Nexus Analysis
The impact of new WCCC development on regional transportation facilities is based on
an update of the WCCC Traffic Model completed by Dowling Associates, Inc. This
computer model simulates current and future traffic flows on the roadway network under
a wide range of user-specified conditions. The model is extremely useful for determining
the impact of new development on roadway levels-of-service. In particular, the model
estimates new development's fair share of the selected regional improvements by
isolating the effects of new development from those of existing development, through
(external-external) trips, and existing deficiencies. This analysis indicated that new
development will cause levels-of-service to decline despite all of the improvements
proposed in MTC's short and long range improvement plan.
As part of its STMP, the WCCTAC has evaluated the impact of new development on its
subregional system given numerous improvements programmed in the RTP. These
improvements—if all were completed by the year 2010—will increase the area's capacity
for vehicle miles of travel (VMT) by 9.4 percent. New development will increase the
number of VMT by 26 percent, thus absorbing all of the new capacity plus the capacity
freed up by a 4 percent reduction in through trips (i.e., commuters traveling through
WCCC but not stopping). Thus, the net increase in total will be 57,814 VMT. Table 6
presents the results of the VMT analysis in more detail.
2The$94 million worth of projects is composed of HOV lames from Carquinez to Route 4$85 million
and$9 million worth of improvements to 1-80 interchanges and parallel arterials.
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Table 6. VMT Analysis(1997-2010)
2997 2010 Increment Change
Total VMT 309,356 367,170 57,814 18.7°Jo
VMT for Through Trips 72,529 691941 (2,588) (3.6)%
Internal VMT 236,827 297,229 60,402 25.5%
VMT Capacity 577,166 631,207 54,041 9.4%
The results shown in Table 6 would justify the WCCTAC allocating 100 percent of the
STMP's total cost-roughly $64.3 million-to new development in WCCC. Fortunately,
WCCC has secured $39.8 million (or 62 percent of the total) from other sources, leaving
only$24.5 million still unfunded.
Fee Calculations
Fee calculations involve four steps:
• Step 1-Allocation of Costs--determine if the total share of unfunded costs should be
allocated uniformly to all new development in the West County area, regardless of
jurisdiction,or if fees must be determined on a jurisdiction-by jurisdiction basis.
• Step 2- Cost per Peale Hour Trip End- Calculate the cost per trip and fee schedule
based upon generating sufficient revenues to fund the $24.5 million for the STMT
Projects.
• Step 3-Preliminary Fee Schedules-Apply the cost per peak hour trip end to the trip
generation characteristics of different types of land use to create a preliminary fee
schedule.
Step 4- Final Fee Schedule- As an alternative to the fee schedules in Step 3, create
discounted fee schedules which reduce the financial burden placed on new
development by collecting less than the full,unfunded amount.
Allocation of Costs
The total cost of the STMP improvements should be roughly balanced with the benefits
each jurisdiction receives (or impacts it causes). This balance, however, is difficult to
quantify given the complexity of travel patterns in West County and the lack of
quantitative information of transit ridership. As an alternative to a quantitative analysis,
WCCTAC has decided the STMT projects represent a reasonable balance of benefits to all
jurisdictions. Given the extensive experience of the WCCTAC membership, this
qualitative approach is a satisfactory alternative to a qualitative analysis using the
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transportation model (i.e., select-link analysis of all proposed projects'). Thus, WCCTAC
has decided to apply a uniform cost per peak hour tip end across all jurisdictions.
Costs Per Peak Hour Trip End
Impact fees for West County are calculated by dividing the number of new a.m. peak
hour trip ends by the unfunded cost of STMP projects. This calculation provides a
uniform cost per peak hour trip end. The net increase of 11,587 new a.m. peak hour trip
ends by the$24.5 million all STMT projects equals about$2,100 per peak hour trip end.
Preliminary Fee Schedule
The fee amounts are determined by multiplying the cost per a.m. peak hour trip end by
the number of a.m. trips generated by a particular land use. For purposes of efficiency
and consistency, WCCTAC has limited its fee schedule to two types of residential
development (i.e., single and multi-family dwelling units) and four types of commercial
space (large and small retail, office, and industrial). Table 7 shows the trip generation
rates for each land use. In addition,it shows the adjustments for average trip length, trip
diversion,and the final adjusted trip length.
Table 7. A.M. Peak Hour Trip Generation hates and Adjustments
Base Rates Trip Diversion Trip Length Final Peak Hour
Land Use Categories Adjustment Adjustment Adjustment Trips Rates
Single Family Residential 0.74 1.00 1.00 0.74
Multi Family Residential 0.47 1.00 1.00 0.47
Retail per 1,000 sq.ft. (<200 ksf) 1.60 0.20 0.50 0.16
Retail per 1,000 sq.ft.(>220 ksf) 0.80 0.45 0.50 0.18
Office per 1,000 sq.ft. 1.33 1.00 1.00 1.33
Industrial per 1,000 sq.ft. 0.90 1.00 1.00 0.40
Trip diversion factors indicate the percentage of trips for each land use category that are
part of a longer trip but divert less than two miles out of the way to stop at the land use.
Trip length adjusts for trip shorter than the home-based work trips. The rates shown in
Table 7 are multiplied by the cost per peak hour trip end to produce the preliminary fee
schedule shown below. The bottom row shows the estimated amount of revenue that the
fee schedule should collect over the next 13 years.
'For each segment of regional roadway that will be improved using fee revenues,select link analysis
shows the origins and destinations of future trips. Thus,the results help allocate the benefit of the
improved roadway according to the amount of new development in each jurisdiction.
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Table 8. Preliminary Fee Schedule (1997-2010)
Land Use Categories Full Fundin fear STMT'Proiect
Single Family Residential $2,345
Multi Family Residential $1,002
Small Retail per square foot(c200,000 sq.ft.) $1.37
Large Retail per square foot(>220,000 sq.ft.) $1.68
Office per square foot $2.88
Industrial per square foot. $1.92
Total Revenues{$1,000,000) $2CS
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Alternative Fee Schedule
While WCCTAC may be legally entitled to levy any of the preliminary fees shown in
Table 8, there are several compelling reasons for levying a lower fee on commercial
development. West County currently has a surplus of residents and a shortage of jobs (a
jobs/housing imbalance) and intends to encourage more commercial growth to improve
the balance. Measure C states that jobs/housing balance should be considered in the
establishment of the STMF. In addition, West County jurisdictions are struggling to
attract jobs, retail services, and sales tax revenue, and believe that a fee on commercial
development any higher than 20 cents per square foot will defeat economic development
goals.
In order to reduce the financial burden placed on commercial development,the WCCTAC
has agreed to discount the fee for all commercial space to 20 cents per square foot. It also
reduced residential fees, but the reduction is not as much as for commercial uses. In
addition, the trip generation rate for multifamily units is at a higher rate than the ITE
rate. This fee schedule would generate approximately$5.1 million over the next 13 years,
roughly 21 percent of the total$24.5 million in unfunded needs.
This fee schedule sets fees far below the maximum $24.5 million funding threshold
established by the VMT Analysis and the preliminary fee schedule. These fees are shown
in Table 9.
Table 9. Fee Schedule (1997-2010)
Land Use Cate ries 1947 Dollars
Single Family Residential $700
Multi Family Residential
Retail per square foot(t200 ksf) $0.20
Retail per square foot(>220 ksf) $0.20
Office per square foot $0.20
Industrial per square foot. $0.20
Total Revenues(51,000,000) $5.1
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February 21, 1997
Proposed changes to the WCCTAC Joint .Exercise of Powers Agreement.
A. Added two objectives regarding the Subregional Transportation Mitigation Program:
Overseeing the program and managing the Richmond Intermodal Station project.
B. Added the definition of "Subregional Transportation Mitigation Program."
C. Changed "Transportation Demand Management" to "Transportation Systems
Management" throughout the document to be consistent with the revised TSM
Ordinance.
D. The Chair of the WCCTAC-TAC is the Program Manager instead of one of the City
Managers, as requested by the previous Chair (Marilyn Leuck, Hercules City
Manager).
EXHIBIT D
WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE
aOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa
Transportation Advisory Committee (WCCTAC) Joint Exercise of
Powers Agreement (Agreement) is entered into on this
day of , 1997, by and between the City of El
Cerrito, a municipal corporation; the City of Hercules, a
municipal corporation; the City of Pinole, a municipal
corporation; the City of Richmond, a municipal corporation and
charter city; the City of San Pablo, a municipal corporation; the
County of Contra Costa, a political subdivision of the State of
California; the Alameda-Contra Costa Transit District, a transit
district organized and existing pursuant to the provisions of the
California Public Utilities Code;' the San Francisco Bay Area
Rapid Transit District (BART) , a transit district organized and
existing pursuant to the provisions of California Public
Utilities Code; and the Western Contra Costa County Transit
Authority (WestCAT) , a joint exercise of powers transit authority
organized and existing pursuant to the provisions of the
California Public Utilities Code and Government Code Sections
6500 et seq. This amended agreement restates in full those
provisions of the original agreement, except as amended herein.
WITNESSETH:
WHEREAS, in November 1988, the voters of Contra Costa County
approved Measure "C" which established and funded a
transportation agenda for Contra Costa County; and
WHEREAS, in response to the adoption of Measure '"C, " the
Parties to this agreement decided to formalize the previously
existing West Contra Costa Transportation Advisory Committee as a
legal entity created to address transportation issues; and
WHEREAS, each of the public Agencies which are a party to
this agreement, hereafter referred to collectively as the
"Parties,, " has the power to address transportation issues; and
WHEREAS, each of the Parties to this agreement believes that
a combination of their separate powers and abilities may enable
them to more effectively respond to Measure "C" and to address
transportation issues; and
WHEREAS, each of the Parties to this agreement proposes by
this agreement to exercise their respective powers jointly for
the purpose of responding to the passage of Measure "C" and
addressing existing and future transportation issues; and
WHEREAS, California Government Code Sections 6500, et seq. ,
provides that two or more public Agencies by agreement may
jointly exercise any power that any one of the Agencies could
exercise separately; and
WHEREAS, the Parties to this agreement are desirous of
conferring upon a separate legal entity the necessary powers with
regard to responding to Measure "C" and for addressing
transportation issues for the benefit of each and all of the
Parties .
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS
FOLLOWS:
OBJECTIVE = COMMISSION
The objective of this Joint Exercise of powers Agreement is
to create a city, county, transit district transportation
advisory committee which shall protect and advance the
interests of West Contra Costa County communities with
regard to transportation issues in general and the
utilization of Measure "C" funds in particular. More
specifically, the committee created by this agreement is
commissioned to:
(A) Assist member Agencies with a coordinated and
cooperative implementation of the West Contra Costa
Action Plan;
(8) Participate in the development and implementation of
the Countrywide Comprehensive Transportation Plan;
(C) Initiate "area specific" transportation studies/plans
where appropriate;
(D) Assist member Agencies with Congestion Management
Program compliance requirements;
(E) Develop regional strategies and meet regional
requirements established by Measure "C" ;
(F) Cooperatively address transportation issues, beyond
Measure "C" requirements, when said issues affect West
Contra Costa County interests;
(G) Assess the transportation needs of the West Contra
Costa County area;
(H) Consider the development of expanded West Contra Costa
County transit services and Transportation ,Systems
Management (TSM) programs;
2
(I) Advise the Parties on transportation issues;
(J) Coordinate the actions and responses of the Parties
with regard to transportation issues,
(K) Formulate transportation policy statements;
(L) Sponsor educational forums, workshops, TSM Coordinator-
training; and discussions on transportation matters;
(M) Develop and administer a West Contra Costa Regional TSM
program to encourage use of alternatives to single
occupant commute travel;
(N) Advise the Parties on TSM compliance issues;
(0) Oversee the Subregional Transportation Migration
Program (STMP) ; and
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(P) Manage the Richmond Intermodal Station project;
r ALA%roe and
(Q) Gather information necessary to carry out the foregoing
purposes.
DEFINITIONS
Certain words as used in this agreement shall be defined as
follows:
(A) "Agency" shall mean each City and transit district and
the County which is a signatory to this agreement .
(B) "Board" shall mean the board constituted herein
pursuant to this agreement to administer and execute
this agreement.
(C) "Congestion Management Program" shall mean the State
mandated program which establishes performance
standards and requirements for the transportation
system, creates a process to analyze the impact of land
use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.
(D) "Countywide Comprehensive Transportation Plan (CCTP) '"
shall mean a countywide plan required under Measure
""C." The CCTP is created from the five regional
transportation planning committee action plans and is
updated every two years.
3
(E) "Subregional Transportation Mitigation Program" or
"STMP" shall refer to the program under which developer
YtiPr fees are imposed on properties located in the West
Contra Costa County area for use in funding
transportation mitigation projects.
(F) "Transportation Systems Management" or "TSM" shall mean
any combination of measures that are designed to
provide information, assistance, and incentives to
employees and residents to encourage use of
alternatives to single occupant commute travel .
(G) "TSM Ordinance" shall mean the Transportation Systems
Management ordinance (s) adopted by West Contra Costa
cities and Contra Costa County setting forth the
purpose, goal, objectives, requirements, and
responsibilities of the West Contra Costa Regional TSM
Program.
(H) "West Contra Costa Action Plan" shall mean the regional
transportation plan in West County adopted December 9,
1994, required by Measure C, and intended to create a
framework for member agencies to jointly and
cooperatively address regional transportation issues.
(I) "West Contra Costa Regional TSM Program" shall mean a
Transportation Systems Management Program managed by
the WCCTAC staff on behalf of the member cities with
the purpose of reducing vehicle trips and increasing
ridesharing and transit usage.
(J) "West Contra Costa Transportation Advisory Committee',
also referred to as IIWCCTACII shall mean the public and
separate entity created by this agreement.
(K) "West Contra Costa Transportation Advisory Committee-
Technical Advisory Committee" also referred to as
"WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.
HEADINGS
All headings contained herein are for convenience or
reference only and are not intended to define or limit the
scope of any provision of this Agreement .
4
EEFFE Y9 DATZ
This restatement and amendment of the WCCTAC Joint Exercise
of Powers Agreement shall become effective upon execution by
the Agencies.
CRMIIO-N OF WEST -QQNTEA COSTA IZEMSP.QRMION-ADVISORY
COMMITTEE
WCCTAC was formally created as a "Joint Powers Agency" in
19901 pursuant to California Government Code Sections 6500 et
seq. Through this agreement it is hereby confirmed that the
West Contra Costa Transportation Advisory Committee
(hereinafter referred to as "WCCTAC") shall exercise in
the manner hereinafter set forth the powers common to each
of the member Agencies until this agreement is amended or
terminated. WCCTAC shall be a public entity separate from
the member Agencies. No debt, liability, or obligation of
the WCCTAC shall constitute a debt, liability, or obligation
of any member Agency. Each Agency' s obligation hereunder is
expressly limited only to the appropriation and contribution
of such funds as the parties hereto may agree to and direct
in accordance with this agreement .
The powers of the WCCTAC shall include and be limited to the
following:
(A) to annually adopt a work program along with a budget
setting forth all operational expenses for WCCTAC,
together with an apportionment of expenses allocated to
each Agency. The work program and budget of the WCCTAC
shall be prepared by April 1 and shall be submitted for
review to each member Agency prior to its adoption on
or about July 1 . Each member Agency shall provide
comments to WCCTAC staff concerning the WCCTAC work
program and budget by June 1.
(B) to make and enter into contracts;
(C) to apply for and accept grants, advances, and
contributions;
(D) to employ or contract for the services of agents,
consultants, engineers, attorneys, and such other
persons or firms as it deems necessary to carry out
the objectives of this agreement;
5
(E) to conduct studies;
(F) to develop and administer the West Contra Costa
Regional TSM program;
(G) to periodically review transportation plans and TSM
programs and ordinances, and recommend changes thereto;
and
(H) to incur debts, liabilities, or obligations, subject to
limitations herein set forth.
DARIES
The boundaries of WCCTAC shall be the boundaries as shown in
Appendix A which is attached hereto and incorporated herein
by this reference.
CVE &L QRGANIZATIQN
The WCCTAC Board shall provide overall policy direction for
the coordinated implementation of the West Contra Costa
Action Plan and decision making for general WCCTAC
operations including implementation of the West Contra Costa
Regional TSM Program. The WCCTAC-TAC shall provide
administrative guidance and technical review to the Board.
Staff or consultants hired by WCCTAC shall report directly
to the WCCTAC Program Manager with consultation by the
WCCTAC-TAC.
WCCTAC QRGA'f+IIWJON
(A) WCCTAC Burd
WCCTAC shall be governed by the WCCTAC Board which
shall exercise all powers and authority on behalf of
WCCTAC. The Board is empowered to establish its own
procedures. The Board may do any and all things
necessary to carry out the purposes of this Agreement.
(z) Members
(a) The Board shall consist of ten members which
shall be allocated in the following manner.
(i) Three members shall be appointed by
the governing body of the City of Richmond;
6
(ii) The governing bodies of the cities of E1
Cerrito, Hercules, Pinole and San Pablo and
the County of Contra Costa shall each appoint
one member;
(iii) The governing body of BART shall appoint one
member; and
(iv) The governing bodies of AC Transit and
WestCAT shall jointly appoint one member to
serve on the Board.
(b) Upon execution of this agreement, the
governing body of each Agency shall appoint
the appropriate number of its elected
officials to serve as members of the Board
and an appropriate number of its elected
officials to serve as alternate member(s) of
the Board to serve in the absence of its
regular appointees. Each member and
alternate shall hold office from the first
meeting of the Board after appointment until
a successor is selected. Each member and
alternate shall serve at the pleasure of the
governing body or bodies of the appointing
Agency or Agencies. If a member or alternate
ceases to be an elected official of the
member Agency, he or she shall then be
ineligible to serve on the WCCTAC Board, and
the Agency shall appoint a successor prior to
the next Board meeting. Each member and
alternate shall serve without compensation.
(2) Qom,' c� ers
The WCCTAC Board members shall select from the
WCCTAC Board a Chair and Vice Chair who shall hold
office for a period of one year, commencing July
1; provided however, that in the event that a
member Agency removes from the Board a member
serving as an officer, the Board shall appoint a
member from the newly constituted Board to fill
the vacant office for the remainder of that fiscal
year.
(a) Chir. The Chair shall preside at the
meetings of the Board, call meetings to
order, adjourn meetings, announce the
business and the order it is to be acted
upon, recognize persons entitled to the
floor, put to vote all questions, moved and
7
seconded, announce result of votes, maintain
the rules of order, execute documents and
official actions on behalf of the Board when
duly approved, and carry out other duties set
forth in the by-laws .
(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.
(c) Secretary. WCCTAC shall employ or contract
for the services of a Secretary who shall
prepare, distribute, and maintain minutes of
meetings of the WCCTAC Board, the WCCTAC-TAC
and any committees of the WCCTAC. The
Secretary shall also maintain the official
records of the WCCTAC and shall file notices
as required by Paragraph 18 of this
Agreement .
(d) Treasurer. WCCTAC shall employ or contract
for the services of a Treasurer who shall :
(i) Report to the WCCTAC Program
Manager;
(ii) Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account of the
WCCTAC;
(iii) Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;
(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the WCCTAC;
(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC; -
(vi) Verify and report, in writing, on
the first day of July, October,
January, and April of each year to
the Board and each Member, as of
the end of the preceding month, the
8
amount of funds held for the
Authority, the amount of receipts
since the last report and the
amount paid out since the last
report, and
(vii) Invest WCCTAC' s funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC.
(c) Note
(i) A.' hgrized Voting Members
Each member or designated alternate
shall be authorized to vote.
(ii) WWC CTAC Badness
For purposes of decisions related
to the regular business of the
WCCTAC, including policy decisions,
preparation of budgets and
expenditures of funds, the City of
Richmond shall have three votes;
the cities of El Cerrito, Hercules,
Pinole and San Pablo and the County
of Contra Costa shall have one vote
apiece, BART shall have one vote
and AC Transit and WestCAT shall
jointly have one vote. A majority
vote of six shall be required for
the adoption of any course of
action related to the regular
business of the WCCTAC.
A l2oinjme t gfpresentatj�o
the Contra Costa Tran sortation
AAuthority
Decisions related to determining
WCCTAC appointments to the Contra
Costa Transportation Authority
shall be made only by the
participating City and County
jurisdictions. In these cases,
participating cities and the County
shall each have one vote. A
majority vote of four shall be
required for any WCCTAC decision
9
related to appointment of
representatives to the Contra Costa
Transportation Authority.
(d } Meetings of Board
W Reg1' r Meet i nas
The Board shall meet at least ten
times per year. The date, hour and
place at which each such regular
meeting held shall be determined by
a majority vote by the Board.
(ii) Special MCetings
Special meetings of the Board may
be called in accordance with the
provisions of Section 54956 of the
California Government Code.
(iii) Notice—of Mee i_ g
All meetings of the Board shall be
held subject to the provisions of
the Ralph M. Brown Act, being
California Government Code Sections
54956, et seq. , and other
applicable laws of the State of
California requiring notice of
meetings of public bodies to be
given.
(iv) Minutes
The Board shall cause minutes of
all meetings to be kept and shall,
as soon as possible after each
meeting, cause a copy of the
minutes to be forwarded to each
member of the Board and to each
Agency.
(v) QuoJU
A majority of the members of the
Board shall constitute a quorum for
the transaction of business.
10
{e} By vis
The Board shall adopt from time to time such
bylaws, rules or regulations for the conduct
of its affairs as may be required.
{B} WCCTAC S=
The WCCTAC shall have a staff consisting of a
Program Manager who shall serve as primary staff
person, a Transportation Project Specialist and
clerical support . In addition, independent
consultants may be engaged on a continuing or
short-term basis, as needed. The Urogram Manager
shall report to the WCCTAC Chair.
{2} Additignal Staff
Additional staff may be added with Board approval
within the constraints of the then current fiscal
year budget .
{C} WCC" Q-TM ORQMIZATION
The WCCTAC shall have a technical advisory
committee which shall be known as the WCCTAC-TAC
and which shall be composed of the City Managers
of the participating cities or said City Managers'
designees; the District Managers of the
participating transit authorities or said District
Managers' designees; and the County Administrator
for Contra Costa County or said County
Administrator' s designee. The WCCTAC-TAC shall be
chaired by the WCCTAC Urogram Manager.
{2} Duties
The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make
recommendations to the WCCTAC concerning those
issues. However, the role of the WCCTAC-TAC in
making recommendations to the WCCTAC shall not be
deemed to preclude the WCCTAC from considering
recommendations from other bodies and concerned
individuals.
11
(3) Officers
The WCCTAC-TAC shall be chaired by the WCCTAC
Program Manager.
10 . SUPPORT SERVICES
Each of the Agencies shall strive to provide the necessary
support to the Board as may be necessary for the Board to
fulfill its duties .
11 . RESTRICTIONS UPON EXERCISE OF POWER OF BOARD
This agreement is entered into under the provisions of
Title 1, Division 7, Chapter 5, Article I, Section 6500, et
seq. , of the California Government Code, concerning joint
powers agreements. The powers to be exercised hereunder
shall be subject to the restrictions upon the manner of
exercising the power of the City of San Pablo.
12 . FUNDS AUDIT AND ACCOUNTING SERVICES
Pursuant to the requirements of Section 6505 . 5 of the
Government Code, the Finance Division Manager of the City of
San Pablo is designated to be the depositary and to have
custody of all WCCTAC funds from whatever source, and to
perform the following functions, unless the WCCTAC Board
determines otherwise. Fiscal responsibilities shall include
the following:
(A) Receive and receipt for all money for WCCTAC for the
credit of the Board;
(B) Be responsible upon official bond for the safekeeping
and disbursement of all Board money so held;
(C) Pay any sums due from the Board from Board money, or
any portion thereof, only upon warrants of the WCCTAC
Program Manager. There shall be a limit of $10, 000 on
the amount of warrants which can be issued without
Board approval .
(D) The Finance Division Manager of the City of San Pablo
shall be considered the Treasurer of WCCTAC funds
unless otherwise determined by the WCCTAC Board. The
Treasurer of WCCTAC funds shall have custody of all
WCCTAC funds and shall verify and report in writing on
the first day of October, January, and April of each
12
year; and within ninety (90) days after the close of
the fiscal year ended June 30th, to the Board and to
the participating Agencies to this agreement, the
amount of money the Treasurer holds for the Board, the
amount of receipts, and the amount paid out since the
last report to the Board. The audit of funds shall be
conducted annually in compliance with Section 6505 of
the Government Code by an independent certified public
accountant qualified to perform on behalf of the joint
power authorities. There shall be strict
accountability of all funds and reporting to the Board
of all receipts and disbursements. In each case the
minimum requirements of the audit shall be those
prescribed by the State Controller for municipalities
or counties and the audit shall conform to generally
accepted auditing standards.
(E) The Program Manager and the Treasurer are hereby
designated as the persons who have charge of and access
to the property of WCCTAC. Each such person shall file
with the Board an official bond in an amount to be
fixed by the Board. The costs of the bonds shall be
paid by WCCTAC.
13 . OBLIGATIONS IONS OF THE AgENCIES
Each Agency shall:
(A) Be liable to the WCCTAC for, upon demand, its
proportionate share of expenses based upon the budget
adopted by the WCCTAC and member Agencies. Invoices
shall be prepared by the WCCTAC Program Manager. The
proportionate share of each Agency shall be determined
according to the following formula:
City of Richmond 30%
City of E1 Cerrito 10%
City of Hercules loll
City of Pinole 10%
City of San Pablo 10%
County of Contra Costa 10%
San Francisco Bay Area
Rapid Transit District 10&
Alameda-Contra Costa
Transit District 9%
WestCAT 1
13
(B) The WCCTAC shall recommend a budget to member
Agencies each Fiscal Year. Based upon the formula set
forth in Paragraph (A) above, during the Fiscal Years
1993 through 1996, the proportionate share of each
member Agency' s annual share shall not exceed the
following:
City of Richmond $28, 500
City of El Cerrito 9, 500
City of Hercules 9, 500
City of Pinole 9, 500
City of San Pablo 9, 500
County of Contra Costa 9, 500
San Francisco Bay Area
Rapid Transit District 9, 500
Alameda-Contra Costa
Transit District 8, 550
WestCAT 950
TOTAL $95, 000
(C) Commencing on July 1, 1994 , and continuing with each
July 1 thereafter, the WCCTAC shall approve a budget
which reflects the annual costs and the proportionate
share of required funding to be provided by each member
Agency.
(D) WCCTAC members shall be invoiced annually in May in
advance for the next fiscal year and their share shall
be payable immediately.
14 . pISROSITION OF W TKMINUION
WCCTAC funds, including any interest earned on deposits,
remaining upon termination of this agreement after payment
of all obligations, shall be returned in proportion to the
contribution made by each Agency during the term of this
Agreement . Decisions of the Board shall be final in this
regard.
15 . WITHDR&W&
Any Agency upon sixty (60) days' written notice given to the
Chair of WCCTAC may withdraw from this agreement; provided,
however, that the withdrawing Agency shall be liable for its
proportionate share of any expenses incurred, up to the date
that notice of termination is received, which exceeds the
withdrawing Agency' s contribution under Paragraph 13 ; and
14
provided further that, in no event shall a withdrawing
Agency be entitled to a refund of all or any part of its
contribution made under Paragraph 1.3 .
16 . TERMINATION,.
(A) This agreement shall remain in effect indefinitely
unless amended or terminated as provided hereunder.
(B) This agreement may be terminated by the affirmative
vote of the governing bodies of not less than two-
thirds of all member Agencies.
17 . AMENT)MENTS
This agreement may be amended by the affirmative vote of the
governing bodies of not less than two-thirds of all member
Agencies.
18 . NOTICES
All notices to Agencies shall be deemed to have been given
when mailed to the governing body of each Agency. Notices
to WCCTAC shall be sent to the WCCTAC Board at:
WCCTAC
One Alvarado Square
San Pablo, CA 94806
19 . FILINGS WITH THE SECRE A Y OF TME
Within 30 days of the effective date of this agreement, the
Chair of WCCTAC shall file with the office of the California
Secretary of State a Notice of a Joint Powers Agreement for
WCCTAC pursuant to California Government Code Sections
6508.3 and 6505.7, and a Statement of Facts - Roster of
Public Agencies Filing pursuant to California Government
Code Section 53051..
IN WITNESS WHEREOF, these signatures attest the parties'
agreement to the provisions of this Joint Exercise of Powers
Agreement.
15
Q4L1NTY OF CONTRA COSTA
Executed on 1997, at ,
California.
Attest :
Chair, Board of Supervisors
County Administrator
Clerk of the Board of Supervisors
Approved as to form:
County Counsel
16
a
4
i
• is
• s
gg
WCCTAC SCOPE OF WORD
FY '97- 98
A. W CIT C PRQGIUMS
1. Implement the Subregional Transportation Mitigation Program (STMP).
2. Encourage, and participate in, regional and subregional cooperative planning
efforts. Attend meetings and workshops, participate on committees; report to the
WCCTAC-TAC and the WCCTAC as necessary.
3. Through MTC, participate on the I-80 Corridor Study Subcommittees to plan and
implement strategies contained in the study.
4. Oversee implementation of the West County Action Plan. Coordinate
implementation of actions noted in the Action Plan which are the responsibility
of "WCCTAC Jurisdictions."
5. Aggressively seek funds and apply for grants for transportation projects in West
County. Obtain grant applications and forward information to WCCTAC
jurisdictions/agencies or apply for funding on behalf of WCCTAC, as appropriate.
6. Advocate for transit service, coordination, facilities, handing, and operational
improvements.
.7. Encourage local jurisdiction emphasis on transit, bike, and pedestrian-friendly
developments. Promote jobs-housing balance. Review development projects and
General Plan Amendments related to land use and transportation and compliance
with the Measure C Growth Management Program.
8. Attend Contra Costa Transportation Authority Committee and Board meetings.
Inform WCCTAC-TAC and ''WCCTAC, as appropriate.
9. Oversee implementation of the Transportation Systems Management (TSM)
program. Manage fiscal aspects of the program.
1
B. WCCTAC EROJECTS
1. Work with CCTA, City of Hercules, the County and other agencies and
jurisdictions, to advocate for short- and long-term safety improvements and
funding for Highway 4 West. Secure WCCTAC support and approval of
programs and projects, as necessary.
2. Oversee the Richmond Intermodal Station project as part of the STMP.
3. Represent West County interests relative to the Carquinez Bridge
retrofit/replacement project. Attend meetings; report to the TAC and WCCTAC
as appropriate.
4. Support local bus transit improvements, express bus service in the I-80 Corridor,
commuter rail projects, BART extensions, shuttle projects, transit centers and
freight mobility projects in and through West County. Participate on committees;
attend meetings and workshops. Report to the WCCTAC-TAC and WCCTAC
as necessary.
5. Update the Personnel Policies and Procedures Manual.
6. Support and oversee TSM projects in the TSM work plan.
7. Work with SWAT and CCTA to complete the San Pablo Ilam Road/Camino Pablo
Corridor Plan.
C. GIZTZXAL
1. Administrative, personnel, program, and project management and oversight.
2. Preparation of WCCTAC-TAC and WCCTAC meeting agendas and packets;
budgets; work plans; administrative procedures; contracts.
3. Provide quarterly reports on TSM, paratransit, finance, Highway 4 West, and
Action Plan implementation.
2
WCCTAC OPERATIONS
FY 97.95 BUDGET
Salaries BUDGET
Flogeboom 36.200*
Brenner 4.000
Thompson 17,740
Intern -0-
Benefits
Hogeboom 11.200
Btenw 1.450
Thompson 7,500
Intern -0-
Consulttag Fees
Action Pian Update 10.000
STMP -0-
STMP Impiementation 10,000
Netau Study -0-
Ih 4;800
Audit 3,400
Transcription 2.500
Llabllity Ing 2,300
Public Officers Int. 3,500
Ogler 1.000
Office Supplies&Outride Copies 2.500**
Talepitone 1.200
P'osttt wcopies 9.000*0
Equipment Mahe! 350
Rent 5.400
Conferences 500
Auto AUow^ance 1,800
ACT Membmhip -0-
Newspaper 200
Special Dept,Exp. 2.500
Contingency 4,000
'TOTAL 143,041!
*36%($27.000)charged w Merton C ta&sa Casa in TVM Program
**31.000 of weal cox for coptowpona3e rad office rupplin charged to Measure C IrAkrrct Caul is MM Program
RESOLUTION 97-01
WCCTAC RESOLUTION ADOPTING THE EY 197-198 WCCTAC
OPERATIONS BUDGET, DUES STRUCTURE, AND
ADDRESSING RELATED ISSUES
WHEREAS, the West Contra Costa Transportation Advisory Committee (WCCTAC),
through a "Joint Exercise of Powers Agreement," is the West Contra Costa Regional
Transportation Planning Committee. WCCTAC's members include the cities of E1
Cerrito, Hercules, Pinole, Richmond, and San Pablo; and the agencies AC Transit and
BART; and Contra Costa County. The WCCTAC is charged with assessing the
transportation needs and coordinating the actions of its members with regard to
transportation issues; and
'VV EREAS, the member agencies have contributed $95,000 in dues annually to
WCCTAC operations since WCCTAC's inception in 1991; and
WHEREAS, Resolution 96-01 passed in April 1995 stated "although the dues will not
increase for FY '96- 97, WCCTAC will have no working capital rennammg at the end
of the fiscal year and it is anticipated that the dues will be recommended for an increase
in FY '97-'98;" and:
WTIEREAS, the WCCTAC operations budget for FY '97298 is $143,040 with $5,000
in anticipated revenue for administrative oversight from the regional developer fees; and
VVftEREAS, the WCCTAC dues will be increased to match the budget less anticipated
revenues ($138,040) as follows:
City of Richmond (30%) $41,412
City of El Cerrito (10%) 13,804
City of Hercules (10%) 13,804
City of Pinole (10%) 13,804
City of San Pablo (10%) 13,804
County of Contra Costa (10-96) 13,804
BART (10%) 13,804
AC Transit (09%) 12,424
WestCAT (01%) 1,380
Wf'lEREAS, the WCCTAC operations budget for FY '97298 represents an 18%
reduction over the FY '96297; and
WHEREAS, staff has prepared a staff report dated March 5, 1997 (as requested by the
Board) outlining the background, budget, and dues issues. The information has been
presented at all requested Council/Board meetings; and
WB EREAS, the budget for the Transportation Demand Management program (TDM)
is fully funded by AB 434 (Air District Transportation Fund for Clean Air) and Measure
C dollars and is completely separate from the WCCTAC Operations budget, except for
a percentage of staff salary and benefits; and
WHEREAS, the FY '97i-'98 budget includes a 5% merit increase in salary for all staff
members.
WHEREAS, any funds not expended in FY '97298 will be "rolled over" to FY '98299;
and
NOW, THEREFORE, BE IT RESOLVED, that the WCCTAC approves the budget for
FY '97-'98, the dues structure, and the dues payment deadline of July 1, 1997 for all
participating agencies.
The foregoing Resolution was adopted by the WCCTAC at the regular meeting on April
25., 1997.
Approved: .
Irma L. Anderson, WCCTAC Chair
EXHIBIT F
MASTER_COOLMEATLU AGREEMENT
BETWEEN
CONTRA COSTA TRANSPORTATION AUTHORITY
THE CITIES OF EL CERRITO, HERC_'17 ES. PINOLE,
RICHMOND, AND SAN PAIRLO
THE COUNTY OF CONTRA COSTA
AND THE - COSTA
WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE
This AGREEMENT is made and entered into as of this day of ,
1997, by and between the Contra Costa Transportation Authority (OCTA), a regional
transportation authority organized under the provisions of California Public Utilities Code
Sections 18000 CLAM,, hereinafter referred to as AUTHORITY; the cities of El Cerrito,
Hercules, Pinole, Richmond, San Pablo, and the County of Contra Costa, collectively
referred to herein as SPONSORS; and the West Contra Costa Transportation Advisory
Committee, a joint exercise of powers agency organized pursuant to a Joint Exercise of
Powers Agreement among the cities of El Cerrito, Hercules, Pinole, Richmond, and San
Pablo; the County of Contra Costa; and the transit agencies AC Transit, BART, and
WestCAT, hereinafter referred to as WCCTAC.
RECITALS
WHEREAS, AUTHORITY, SPONSORS and WCCTAC, pursuant to the Contra Costa
Transportation Improvement and Growth Management Expenditure Plan and Ordinance
(referred to herein as "Measure C") program adopted and approved by the voters in 1988,
hereby desire to enter into a Cooperative AGREEMENT for transportation improvements in
Contra Costa County specifically as a result of developer fees collected under the West
County Subregional Transportation Mitigation Program (STMP); and
WHEREAS, the SPONSORS have each, individually, by local ordinance, enacted the West
County Subregional Transportation Mitigation Program, which levies a fee on new
development to mitigate the impacts of new trips generated by that development; and
WHEREAS, fees from the STMP will partially fund three transportation projects:
1. Highway.4-West
2. EI C�plaza BART Station Parkine Strucwre
3. Richmmd Intermodal Station Facilities Enhancement Program and
1
WHEREAS, the nexus findings, in conformance with Government Code §66000 et sea., can
be found in the "Nexus Analysis Report" which is on file with the SPONSOR's Clerk, at the
AUTHORITY office, and at the WCCTAC office; and
WHEREAS, the AUTHORITY has been designated as the oversight agency for the
Measure C programs and projects; and
WHEREAS, this Cooperative AGREEMENT outlines the roles and responsibilities relative
to the administrative and fiscal management of the STMP projects; and
NOW, THEREFORE, in consideration of the foregoing, AUTHORITY, SPONSORS, and
WCCTAC do hereby agree as follows:
A. PURPOSE
The purpose of this Cooperative AGREEMENT is to formalize the institutional
arrangements for the collection, and oversight of the expenditure, of STMP fees.
B. FEES
1. Imposition of the Fees. The following STMP fees are payable to the
SPONSORS at the time of issuance of a building permit:
UNIT TYPE .F C
Single family residential. $700/dwelling unit
Individual units and duet homes with
one shared wall, and residential
condominiums.
Multi-family residential. $560/dwelling unit
Commercial, office, industrial, retail $.20 per square foot of
gross floor area
Other non-residential uses not $150 per trip generated,
identified above as calculated by a traffic
study approved by the
SPONSOR with
methodology approved by
WCCTAC
2
2. Transfer of the Fees.
No more than thirty (30) days following the close of each calendar quarter, all
fee revenue will be transferred from the SPONSORS to AUTHORITY, with
a brief Quarterly Report which describes the revenue and any fee reductions
granted by the SPONSOR. AUTHORITY will deposit the funds into an
interest-bearing account for the STMP revenues to be used solely for the
purposes described herein. The revenues, including any accrued interest from
the account, will be disbursed for the three projects identified in C.1. below.
3. Oversight of the Projects
AUTHORITY is responsible for oversight of two Measure C projects:
Highway 4 West and the El Cerrito Plaza BART Station Parking Structure
("AUTHORITY projects"). WCCTAC will oversee the Richmond
Intermodal Station project through an amendment to the existing WCCTAC
Joint Exercise of Powers Agreement.
4. A total of ten and one-half percent (101h%) of the fees raised will be
transferred to WCCTAC -- nine percent (9%) of fees raised for the Richmond
Intermodal Station project and one and one-half percent (11/2%) of fees raised
for administrative oversight.
5. AUTHORITY will provide quarterly reports to SPONSORS regarding the
fees collected and disbursed for the project(s), interest earned, and fees
disbursed for project oversight, legal fees, or other costs. Accrued interest on
funds for the STMP projects shall be deemed available for any lawful purpose
under this AGREEMENT.
6. Pursuant to Government Code Section 66006(b)(1), within 180 days after the
end of the fiscal year (June 30), AUTHORITY shall make information
available to the public and to SPONSORS regarding the Highway 4 West and
the El Cerrito Plaza BART Station Parking Structure projects and
WCCTAC shall make information available to the public and to SPONSORS
regarding the Richmond Intermodal Station project. In turn, pursuant to
Government Code Section 66006(b)(2), SPONSORS shall review the
information at the next regularly scheduled public meeting not less than 15
days after this information is made available to the public.
7. Pursuant to Government Code Section 66001(d), after the fifth fiscal year (and
every subsequent fifth fiscal year) following the first deposit of STMP
revenues, AUTHORITY shall make findings regarding the Highway 4 West
and the El Cerrito Plaza BART Station Parking Structure project costs and
3
WCCTAC shall make findings regarding the Richmond Intermodal Station
project costs.
8. Effective July 1, 1998 and on each subsequent anniversary date of such date,
the SPONSORS shall increase the amount of each of the developer fees set
forth in Section B above over the amounts in effect for the next preceding
calendar year, by the amount of the increase in the Engineering News-Record
Construction Cost Index for the San Francisco Bay Area for the period ending
June 30 of the preceding fiscal year over the year-earlier amount. The
increase shall be an automatic increase which shall occur irrespective of being
accompanied by a subsequent authorizing resolution or ordinance amendment.
9. No development shall be exempt from the fee; provided, that any development
which, as of the effective date of this Ordinance, (i) has perfected an
exemption pursuant to the vested tentative map law or (ii) has entered into a
development agreement with a SPONSOR which expressly excludes
assessment of additional fees, shall not be subject to the fees required to be
imposed hereby.
10. A developer may receive credit against fees for the dedication of land for
right-of-way and/or construction of improvements for specific STMP projects,
where such right-of-way or construction is beyond that which would otherwise
be required for approval of the proposed development. The calculation of the
amount of credit against fees for STMT' dedications or improvements shall be
based on a determination by SPONSOR that such credits are in fact exclusive
of the dedications, setbacks, improvements, and/or traffic mitigation measures
which are required by local ordinance, standards, or other practice. In
addition, the credit shall be calculated based upon the actual cost of
construction of improvements or, in the case of land dedication, on an
independent appraisal approved by the SPONSOR.
11. Fees may by updated and adjusted, if needed, not less frequently than every
five years, in order to take into account changes in cost estimates for the
projects, development rates within the region, project priorities, and other
funding commitments. WCCTAC shall prepare, circulate, and approve (by
unanimous vote of its members), a project update, providing a status report as
to projects and plan development and projected revenues and expenditures
which includes cash flows and project estimates for twenty (20) year period
from the date of the project update. To the extent that fees are updated, such
update shall be included in a project update. Upon approval by WCCTAC as
provided above, the fee adjustment shall be submitted for approval by the local
jurisdictions by an ordinance adopted by the governing bodies of each of the
local jurisdictions which is a party to this AGREEMENT.
4
C. LIST OF PROJECTS
1. Highway 4 'West. Construct safety improvements, upgrades, and widening
between Interstate 80 and Cummings Skyway, consistent with progress towards
full implementation of the Measure C project.
a. Fees collected by the County shall only be used for the Highway 4
West Project.
2. El Cerrito Plaza BART Station Parking Structure. Acquisition of 2.7 acres of
the El Cerrito Plaza Shopping Center and enhancements to the parking
structure to create direct pedestrian connections to both the Plaza BART
Station platform and intermodal area.
3. Richmond Intermodal Station Facilities Enhancement Proum, Construct
improvements and enhance access to the Richmond Intermodal Station which
will increase utilization of all transportation modes including BART, Amtrak,
Capitol Corridor trains, bus transit, bicycling, and pedestrian.
D. HIGHWAY 4 WEST CORRIDOR PRESERVATION
The City of Hercules and Contra Costa County shall enact plans, policies, and
procedures that acknowledge the right-of-way boundaries for the proposed Route 4
freeway alignment, as established by the AUTHORITY in cooperation with Caltrans,
and the City of Hercules and Contra Costa County shall make every effort feasible,
within the constraints of the law, to preserve and protect that right-of-way.
E. FUNDING COMMITMENTS AND ELIGIBLE COSTS
1. Fee revenues shall be available for all necessary project costs through
completion of construction. Costs include, but are not limited to,
environmental clearance, conceptual engineering, traffic studies, design, right
of way acquisition, utility relocation, litigation and settlement costs, and costs
of construction. Funding amounts are in 1995 dollars and actual funding
commitments will depend upon regional fee revenues.
5
Prosect Regional Fee Commitnie Total Est. Cost
(as of 1995)
Highway 4 West $4,029,000 $48,000,000
El Cerrito Plaza BART
Parking Structure $ 459,000 $ 6,000,000
Richmond Intermodal
Station Improvements $ 459,000 $ 7,000,000
2. AUTHORITY may advance funds for AUTHORITY projects. Any funds
advanced by the AUTHORITY will be reimbursed from the revenues
collected.
F. IMPLEMENTATION SCHEDULE
Subject to environmental clearance, right of way acquisition and dedication, utility
relocation, and other factors (the timing of which may be beyond the control of
AUTHORITY, SPONSORS, or WCCTAC), and subject to the availability of
regional fee and other funding sources as may be required, the following
implementation guidelines shall apply to project development:
1. The Highway 4 West improvements funded by STMP revenues, shall be
disbursed to match other Measure C, local, state, and federal funds to promote
timely implementation of the improvements. It is the parties' intent that the
Highway 4 West project be given construction priority from funds available
through the STMP and that seventy-nine percent (79%) of the STMP funds
collected will be used for the Highway 4 West project.
2. Funding for the El Cerrito Plaza BART Parking Structure improvements
and the Richmond Intermodal Station improvements will be determined at a
later date, subject to scheduled need. Eighteen percent (18%) of the STMP
funds collected will be distributed equally to these two transit projects.
G. ADMINISTRATIVE OVERSIGHT COSTS AND REIMBURSEMENT
1. AUTHORITY may use up to one and one-half percent (1 lh%) of the STMP
funds collected for the cost of administering the fee program for
AUTHORITY'S oversight of the Highway 4 West Project and the El Cerrito
Plaza BART Station Parking Structure projects.
6
2. WCCTAC may use up to one and one-half percent (11/2%) of the STMP funds
collected for WCCTAC's oversight of the Richmond Intermodal Station
project.
H. TERM
The term of this AGREEMENT shall commence on , 1997, and
shall terminate on December 31, 2010.
I. TERMINATION
1. This AGREEMENT will remain in effect until terminated in accordance with
the provisions of the AGREEMENT. However, in no event shall the parties
to this AGREEMENT terminate this AGREEMENT if such a termination
would conflict with or violate the terms or conditions of any Revenue Bonds.
2. This AGREEMENT will remain in effect until terminated by agreement of all
parties to this AGREEMENT.
J. INDEMNIFICATION
1. AUTHORITY shall defend, indemnify, save and hold harmless WCCTAC;
the cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo; and the
County of Contra Costa; their officers, agents and employees from any and all
claims, costs and liability arising out of or in connection with any operations
performed under this AGREEMENT by AUTHORITY, except for liability
arising out of the negligence of WCCTAC, El Cerrito, Hercules, Pinole,
Richmond, San Pablo, Contra Costa County, or their officers, agents or
employees.
2. WCCTAC shall defend, indemnify, save and hold harmless AUTHORITY;
the cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo; and the
County of Contra Costa; their officers, agents and employees from any and all
claims, costs and liability arising out of or in connection with any operations
performed under this AGREEMENT by WCCTAC, except for liability
arising out of the negligence of AUTHORITY, El Cerrito, Hercules, Pinole,
Richmond, San Pablo, Contra Costa County, or their officers, agents or
employees.
3. El Cerrito shall defend, indemnify, save and hold harmless AUTHORITY;
WCCTAC; the Cities of Hercules, Pinole, Richmond and San Pablo; and the
County of Contra Costa; their officers, agents or employees from any and all
claims, costs and liability arising out of or in connection with any operations
7
performed under this AGREEMENT by El Cerrito, except for liability arising
out of the negligence of AUTHORITY, WCCTAC, Hercules, Pinole,
Richmond, San Pablo, Contra Costa County, or their officers, agents or
employees.
4. Hercules shall defend, indemnify, save and hold harmless AUTHORITY,
WCCTAC; the cities of El Cerrito, Pinole, Richmond and San Pablo; and the
County of Contra Costa; their officers, agents or employees from any and all
claims, costs and liability arising out of or in connection with any operations
performed under this AGREEMENT by Hercules, except for liability arising
out of the negligence of AUTHORITY, WCCTAC, El Cerrito, Pinole,
Richmond, San Pablo, Contra Costa County, or their officers, agents or
employees.
5. Pinole shall defend, indemnify, save and hold harmless AUTHORITY;
WCCTAC; the cities of El Cerrito, Hercules, Richmond and San Pablo; and
the County of Contra Costa; their officers, agents or employees from any and
all claims, costs and liability arising out of or in connection with any
operations performed under this AGREEMENT by Pinole, except for liability
arising out of the negligence of AUTHORITY, WCCTAC, El Cerrito,
Hercules, Richmond, San Pablo, Contra Costa County, or their officers,
agents or employees.
6. Richmond shall defend, indemnify, save and hold harmless AUTHORITY;
WCCTAC; the cities of El Cerrito, Hercules, Pinole and San Pablo; and the
County of Contra Costa; their officers, agents or employees from any and all
claims, costs and liability arising out of or in connection with any operations
performed under this AGREEMENT by Richmond, except for liability arising
out of the negligence of AUTHORI'T'Y, WCCTAC, El Cerrito, Hercules,
Pinole, San Pablo, Contra Costa County, or their officers, agents or
employees.
7. San Pablo shall defend, indemnify, save and hold harmless AUTHORITY;
WCCTAC, the cities of El Cerrito, Hercules, Pinole and Richmond; and the
County of Contra Costa; their officers, agents or employees from any and all
claims, costs and liability arising out of or in connection with any operations
performed under this AGREEMENT by San Pablo, except for liability arising
out of the negligence of AUTHORITY, WCCTAC, El Cerrito, Hercules,
Pinole, Richmond, Contra Costa County, or their officers, agents or
employees.
8. Contra Costa County shall defend, indemnify, save and hold harmless
AUTHORITY; WCCTAC; the cities of El Cerrito, Hercules, Pinole,
Richmond, and San Pablo; their officers, agents or employees from any and all
8
i
claims, costs and liability arising out of or in connection with any operations
performed under this AGREEMENT by Contra Costa County, except for
liability arising out of the negligence of AUTHORITY, WCCTAC, El
Cerrito, Hercules, Pinole, Richmond, San Pablo, or their officers, agents or
employees.
9. Any costs of defense and any liability incurred in connection with
implementation of the regional fee program shall be jointly borne by the
SPONSORS. WCCTAC agrees to the fullest extent legally permitted to
defend, indemnify and hold harmless the parties to this AGREEMENT from
any liability, loss, costs, and claims related to the adoption or implementation
of the STMP. STMP fee revenues and any other STMP revenues transferred
to the AUTHORITY and/or WCCTAC by the SPONSORS may be used for
this purpose. WCCTAC will provide legal representation to any SPONSOR
which is required to file a lawsuit to collect a fee, where the defense of such
lawsuit raises the issue of the constitutionality of the fee.
K. PRIMACY OF THE DOCUMENTS
If a dispute arises, the terms of this AGREEMENT shall take precedence over the
Joint Exercise of Powers Agreement ("JEPA") and/or the Ordinance Establishing the
West Contra Costa Subregional Transportation Mitigation Program ("Ordinance").
L. ARBITRATION
1. All disputes that arise in connection with the interpretation or performance of
the AGREEMENT shall be resolved on an equitable basis by a single
arbitrator under the commercial arbitration rules of the American Arbitration
Association.
2. The arbitrator's decision shall be final and binding on the AUTHORITY,
SPONSORS, and/or WCCTAC involved or affected by the dispute.
3. AUTHORITY, SPONSORS, and/or WCCTAC that is party to the dispute
may enforce any award, order, or judgment of the arbitrator in any court of
competent jurisdiction.
M. NOTICES
Any notices which may be required under this AGREEMENT shall be in writing,
shall be effective when received, and shall be given by personal service, by certified
or registered mail, or by U.S. mail, to the City Managers of the cities of El Cerrito,
Hercules, Pinole, Richmond, and San Pablo; to the Board Clerk for the County of
9
Contra Costa; and to the individuals and addresses set forth below, or to such other
addresses which may be specified in writing to the parties hereto.
Lisa Hogeboom
Program Manager
WCCTAC
One Alvarado Square
San Pablo, CA 94806
Robert K. McCleary
Executive Director
Contra Costa Transportation Authority
1340 Treat Boulevard, #150
Walnut Creek, CA 94596
N. ADDITIONAL ACTS AND DOCUMENTS
Each party agrees to do all such things and take all such actions, and to make,
execute and deliver such other documents and instruments, as shall be reasonably
requested to carry out the provisions, intent, and purpose of the AGREEMENT.
O. INTEGRATION
Except with respect to matters provided for in the JEPA and/or the Ordinance and
subject to the primacy of this AGREEMENT as provided in Paragraph K hereto, this
AGREEMENT represents the entire AGREEMENT of the parties with respect to the
subject matter hereof. No representations, warranties, inducements, or oral
agreements have been made by any of the parties except as expressly set forth herein,
or in other contemporaneous written agreements.
P. AMENDMENT
This AGREEMENT may not be changed, modified, or rescinded except in writing,
signed by all parties hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect.
Q. INDEPENDENT AGENCIES
1. AUTHORITY renders its services under this AGREEMENT as an
independent agency.
2. None of the AUTHORITY's agents or employees shall be agents or
employees of the SPONSORS or WCCTAC.
10
3. None of the SPONSOR's agents or employees shall be agents or employees of
the AUTHORITY.
4. None of WCCTAC's agents or employees shall be agents or employees of
AUTHORITY.
R. ASSIGNMENT
The AGREEMENT, and the rights, duties, and obligations of a party hereunder, may
not be assigned, transferred, hypothecated, or pledged by any parry without the
express written consent of the other parties.
S. BINDING ON SUCCESSORS, ETC.
This AGREEMENT shall be binding upon the successor(s), assignee(s), or
transferee(s) of the AUTHORITY, the SPONSOR, or WCCTAC as the case may
be. This provision shall not be construed as an authorization to assign, transfer,
hypothecate, or pledge this AGREEMENT other than as provided above.
T. SEVERABILITY
Should any part of this AGREEMENT be determined to be unenforceable, invalid, or
beyond the authority of any party to enter into or carry out, such determination shall
not affect the validity of the remainder of this AGREEMENT which shall continue in
full force and effect; provided that, the remainder of this AGREEMENT can, absent
the excised portion, be reasonably interpreted to give effect to the intentions of the
parties.
IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be duly
executed and attested by their respective officers, duly authorized so to act, as of the date set
forth in the first paragraph of this AGREEMENT.
11
Contra Costa Transportation Authority City of El Cerrito
Chair Mayor
ATTEST:
Executive Director
APPROVED AS TO LEGAL FORM:
City Clerk
APPROVED AS TO FORM:
Legal Counsel
City Attorney
City of Hercules City of Richmond
Mayor Mayor
ATTEST: ATTEST:
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney City Attorney
12
City of Pinole City of San Pablo
Mayor Mayor
ATTEST: ATTEST:
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney City Attomey
County of Contra Costa West Contra Costa Transportation Advisory
Committee
Chair, Board of Supervisors Chair
ATTEST: ATTEST:
Board Clerk Secretary
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
County Counsel Legal Counsel
13
EXHIBIT F
Memoranda from County Counsel to Community Development re:
West Contra Costa Subregional Transportation Mitigation Fee
Program, dated 3/24/97 and 5/20/97
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTR4E7,,CALIFORNIA
oat`: May 20, 1997
To: Harvey E. Bragdon, Director of Community Development
Attn: Patrick Roche, Transportation Planning
From: Victor J. Westman, County Counsel
By: David F. Schmidt, Deputy County Counsel W4
Re: West Contra Costa Transportation Advisory Committee ("WCCTAC")
Proposed Subregional Transportation Mitigation Fee Program ("STMP")
In connection with the meeting held in Richmond on May 5, 1997, we
reviewed the 4-18-97 version of the Master Cooperative Agreement ("Coop
Agreement") and the Ordinance, together with the comments and requested
changes submitted by the Contra Costa Transportation Authority
("CCTA") , City of Hercules, and Pinole Point Properties, Inc. We
discussed the following points with you and presented them at the
meeting:
1. The deletion of the word "sole" from Section J (formerly
Section I) of the Coop Agreement, as requested by OCTA, would weaken
the protection to the County. At a minimum, the revised language would
result in the County being responsible for costs of defense and
indemnification in proportion to the amount of the County's own
negligence. In addition, the revised language could result in another
party (e.g. , CCTA) refusing to defend the County in cases where a claim
is caused, or is alleged to have been caused, in part by the County's
negligence.
While the concept of each party being responsible for defense and
indemnification according to the amount of the party's own negligence
seems fair in theory, it may not work that way in practice. As
indicated above, other parties could refuse a request for defense and
indemnification from the County, thereby forcing the County to incur
considerable expense for defense and/or settlement of a lawsuit. Such
a burden on the County would be especially unfair if the project that
generates a lawsuit is one in which the County is not actively involved
or has a minimal interest.
Of course, it would be better for the County if CCTA, as a
condition of receiving the funding from the subregional fees, would
agree to defend and indemnify the County and the other parties against
all claims. Such language is often included in funding agreements.
However, judging from CCTA's comments at the May 5 meeting, it is
doubtful that they would agree to such language. Another alternative
Memo to Patrick Hoche
May 20, 1997
would be to replace the word "sole" with "active" and to insert
language clarifying that defense must still be provided even where a
party requesting defense was, or is alleged to have been, partly
negligent. The following language could be proposed:
"The obligations under this section shall exist regardless of
concurrent negligence or willful misconduct on the part of any
indemnitee, provided, however, that the obligation to indemnify
shall be limited to the proportion of negligence or willful
misconduct attributable to the indemnitor. "
The issue of indemnification was previously commented on in our 3-
27-97 memo. Ultimately, this issue is one of policy (i.e. , how much
potential risk and expense the County is willing to accept as a
condition of participating in the proposed fee program.
2. Under Section J.9 (formerly Section 1.9) of the Coop Agreement,
all WCCTAC members ("Sponsors") would be required to share the defense
and liability expenses incurred by WCCTAC in connection with any
litigation filed against the fee ordinances or implementation of the
STMP. This requirement seems unfair, and we recommend that this
section be deleted. If the language remains, it could potentially
result in expense to the County, even though the County has no control
over the actions of other WCCTAC members in adopting ordinances and
implementing the STMP.
3 . Under Section K (formerly Section J) of the Coop Agreement, the
Coop Agreement would take priority over the WCCTAC Joint Exercise of
Powers Agreement (""JEPA"") and/or the fee ordinances adopted by the
WCCTAC members. We do not understand why this language is required or
desirable, and we recommend that it be deleted. If the language
remains, the Coop Agreement should contain language restricting use of
County-collected fees to the Highway 4 West Project. In addition, you
should carefully scrutinize the Coop Agreement to verify that it
clearly sets forth all material understandings relating to the STMP.
4. Section L (formerly Section K) would require that any disputes
relating to the Coop Agreement be submitted to binding arbitration
under the rules of the American Arbitration Association. We do not
understand why this is required or desirable, and we recommend that
this section be deleted. We are not aware of any similar agreement
with other public entities which has included a binding arbitration
requirement for resolution of potential disputes. Moreover, such
arbitration can be expensive and can lead to unfair results with no
recourse to a party aggrieved by an improper decision.
5. Section B.8 of the Coop Agreement implies that each WCCTAC
member would have to take yearly action to adjust the subregional fee.
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Memo to Patrick Roche
May 20, 1997
To clarify that an automatic annual cost escalator would also be
acceptable, we would recommend that language to that effect be added to
this section.
6. Section O (formerly Section N) contains an integration clause,
which provides that all understandings of the parties are set forth in
the Coop Agreement. Given the existence of other relevant documents
(e.g. , WCCTAC JEPA, fee ordinances, etc. ) , we question why this clause
is desirable, and we recommend that it be deleted. At the very least,
this clause should provide an exception for the other documents
relating to WCCTAC and the STMP.
7. Section IV.F of the Ordinance contains a fee exemption for
"projects which, as of the effective date of this Ordinance, already
had a tentative and/or final approved subdivision map. " This exemption
does not appear to comply with Government Code Sections 66498.1 and
66474.2, which generally provide an exemption for all vesting tentative
map applications that are deemed complete as of the date of adoption of
the fee ordinance.
Subsequent to the May 5 meeting, we received a revised set of the
Coop Agreement and Ordinance (5-16-97 version) . You have asked us to
review and comment on these revised documents. Our comments follow:
1. Items ,#1, 2, and 4 above have not been addressed.
2 . Item 13 above has been addressed by the insertion of the
following language in Section C. 1 of the Coop Agreement:
"Fees collected by the County shall only be used for the
Highway 4 West Project. "
3. Item #5 above has been addressed by the insertion of the
following language in Section B.8 of the Coop Agreement:
"The increase shall be an automatic increase which shall occur
irrespective of being accompanied by a subsequent authorizing
resolution or ordinance amendment. "
With the new language, Section B.8 now provides that an automatic
annual cost escalator is mandatory. While this is probably adequate,
we would prefer the following language:
"Nothing in this section shall be construed to require that a
SPONSOR conduct an annual public hearing. To comply with this
section, a SPONSOR may include in its ordinance imposing the
STMP fees an automatic annual cost escalator."
-3-
Memo to Patrick Roche
May 20, 1997
4. Item 06 above has been addressed by the insertion of the
following language in Section O of the Coop Agreement:
"Except with respect to matters provided for in the JEPA and/or
the Ordinance and subject to the primacy of this AGREEMENT as
provided in Paragraph K hereto, . . . '"
5. Item 07 above has been addressed by the following revision of
Section IV.B of the Ordinance:
"No development shall be exempt from the fee; provided, that
any development which, as of the effective date of this
Ordinance, (i) has perfected an exemption pursuant to the
vested tentative map law or (ii) has entered into a development
agreement with a SPONSOR which expressly excludes assessment of
additional fees, shall not be subject to the fees required to
be imposed hereby. "
To match the terminology used in Subdivision Map Act, the word "vested"
should be changed to "vesting. "
DC'S/
Attachments
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t
COUNTY COUNSELS OFFICE
CONTRA COM COUNTY
MARTENE7,CALIFORNIA
Datta: March 24, 1997
To: Harvey E. Bragdon, Director of Community Development
Attn: Pat Roche, Transportation Planning
From: Victor J. Westman, County Counsel
By: David F. Schmidt, Deputy County Counsel
Re: Documents for the West Contra Costa Subregional Transportation
Impact Fee Mitigation Program
As requested in your 2-28-97 memo, we have reviewed the draft
ordinance, draft Master Cooperative Agreement and the proposed
amendments to the WCCTAC Joint Exercise of Powers Agreement. Our
comments follow:
1. The ordinance submitted with your memo does not follow the format
and does not cite the legal authorities normally used by the County
for road fee areas (areas of benefit; see County Ordinance Code
Division 913) . In place of that ordinance, we have drafted a
proposed ordinance for the County using the Eastern Contra Costa
Sub-Regional Transportation Mitigation Fee ordinance as a model
(see attached) . Please review the attached draft ordinance and
contact us to discuss it (especially Sections IV, V, IX and X) .
2. As discussed with you on the telephone, the ordinance submitted
with your memo contains many provisions that are not normally
included in County ordinances and that do not properly belong there
(see recitals and circled provisions) . Those provisions that
require the parties to do certain things with respect to the STMP
and fees should be inserted in the WCCTAC JEPA, either in the body
of that agreement or as an exhibit. For a sample, you may wish to
refer to the joint exercise of powers agreement between the County,
Danville and San Ramon relating to Tassajara Valley transportation
improvements. Other provisions that give background information
could be inserted in the JEPA or in a resolution that the County
and the other parties would adopt at the same time as the ordinance
(see attached copy of resolution used for Eastern Contra Costa Sub-
Regional Transportation Mitigation Fee) . Once you have had the
opportunity to consider this issue further, please call us to
discuss it in more detail.
3 . We have made a couple of minor changes to the Master Cooperative
Agreement. However, the big issue is the adequacy of the
indemnification provisions contained in Section I of the agreement.
Memo to Patrick Roche
March 24, 1997
As we explained to you on the telephone, although the
indemnification provisions appear to be reciprocal, they may not
prove to be adequate to protect the County in a situation where a
claim or loss is allegedly caused by the concurrent negligence of
the County and one or more other parties to the agreement. For
example, if design plans are reviewed by the County and another
party and a claim later results, the other party or the Authority
could potentially refuse to defend the County, arguing that the
County has an obligation under Section 1.8 to defend and indemnify
in all cases where the County is concurrently negligent.
One way to resolve this potential problem would be to delete
Section 1.8. However, it is doubtful that the Authority and
the other parties would agree to this.
Another approach would be to have each project sponsor defend and
indemnify the other parties against all claims arising from the
project, except to the extent caused by another party's active
negligence. However, if the County will be a project sponsor
(Highway 4 West project) , this arrangement may not be an
improvement from the County's standpoint.
Still another approach for the County would be to shift liability
to the State by requiring the State to defend and indemnify the
County and the other parties against all claims arising from the
Highway 4 West project. However, in previous projects on State
highways, the County has not been very successful in shifting
liability to the State.
Once you have had the opportunity to consider this issue further,
please call us to discuss the approach that you would like to
pursue on behalf of the.
4. The draft ordinance forwarded with your 2-28--97 memo does not
contain express language that would prevent a party, including the
County, from reducing or rescinding the fees listed in the
ordinance. 1f this is of concern to the County, appropriate
language could be inserted in the JEPA (see 02 above) .
DFS/
Attachments
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