HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-482 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: September 22, 1998
SUBJECT: Revision of the Bay Point Area of Benefit.
Project No.: 0676.6P4130
RESOLUTION N0.9 8 14 8 2
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
II. Recommended Action:
A. It is recommended that the Board take the following actions:
1. ADOPT and APPROVE the Development Program Report pertaining to the Bay
Point Area of Benefit.
2. DETERMINE that the activity, the formation of the Bay Point Area of Benefit, is not
subject to the California Environmental Quality Act pursuant to Article 5, Section
15061 (b)(3) CEQA guidelines.
Continued on Attachment:_ SiGNATUR
i_RECOMMENDATION OF BOARD COMM"EE
—APPROVE —OTHER
SIGNATURES :
ACTION OF BOARD ON lepr 22 , 1APPROVED AS RECOMMENDED__)L OTHER
VOTE OF SUPERVISORS 1 hereby certify that this is a true and correct
_ y _ UNANIMOUS(ABSENT } copy of an action taken and entered on the
AYES: NOES: minutes of the DQd of Supervisors on the
ABSENT: ABSTAIN: date shown.
ML:ml:eh ATTESTED ?
G:\transeng\bobr98te\BayPointRes.doc PHIL BATCH CSR, Clerk of the Board
Orig.Div. Public Works(TE) of S ervisors a County Administrator
Contact: Martin Lysons-Tei.313-2295 py Deputy
c: Auditor/Controller
Building Inspection-C.Baltodano
Community Development-G.Slusher
Treasurer/Tax Collector
Public Works Accounting
Public Works Design/J.Frattini
Revision of the Bay Point Area at Benefit
September 22, 1998
Page 2
1. Recommended Action: (Continued)
3. DIRECT the Director of Community Development to file a Notice of Exemption with
the County Clerk.
4. DIRECT the Public Works Director to arrange for the payment of the $25.00
handling fee to the County Clerk for the fling of the Notice of Exemption.
5. DETERMINE that a majority protest does not exist.
6. ENACT the attached regular ordinance adopting revised fees for the Bay Point Area
of Benefit.
7. DIRECT the Director of Public Works and Auditor/Controller to continue the trust
fund for the Bay Point Area of Benefit (Trust Fund No. 8195), that was established
by Board Resolution 851572 on September 24, 1985, and that the Treasurer shall
continue to invest said monies with interest to accrue in the trust fund account.
8. DIRECT the Public Works Department and Department of Community Development
to continue to review the fee schedules for the Bay Point Area of Benefit every
January 1 the fee schedule is in effect, and to adjust for the effects of inflation as
described in the attached ordinances. The adjustment for inflation is not subject to
CEQA.
9. DIRECT the Department of Community Development to monitor future amendments
to the currently adopted General Plan and their impact on traffic within the Bay Point
Area of Benefit, and to report those amendments to the Public Works Director as
necessary to facilitate updating of the Bay Point Area of Benefit, and to make
recommendations to the Board.
10. DIRECT the Public works Department and Department of Community Development
to comply with CEQA on development applications and road projects to be
constructed pursuant to the Development Program Report for the Bay Point Area
of Benefit.
11. ADOPT the attached ordinance, which forms the Bay Point Area of Benefit, and
ordains the following:
Traffic Mitigation Fees (Ordinance No. 98-40 }
1. Adopt traffic mitigation fees, as recommended in the Development
Program Report.
2. Adjust the fee schedule every year that the Area of Benefit is in effect,
to account for the effects of inflation, to a maximum increase of 5%
per year.
Revision of the Bay Point Area of Benefit
September 22, 1998
-Page 3
IL Financiallmpact:
The revision in the Bay Point Area of Benefit will have no impact on the General Fund. The funds
collected will continue to be deposited in a trust fund account specific to the improvements to be
funded by the fee program.
III. Reasons for Recommendations and Background:
On September 24, 1985, the Board of Supervisors passed a resolution adopting an ordinance and
forming the West Pittsburg (now Bay Point) Area of Benefit. The purpose of the fees described
in this ordinance is to generate funds to finance safety and capacity improvements to certain
major thoroughfares within the Bay Point Area of Benefit. At the time, there were many vacant
parcels in the area with potential for residential and commercial development, and the existing
transportation system was inadequate to handle the additional traffic generated from the projected
development.
The Bay Point area has, in recent years, experienced changes in the area's traffic circulation
needs and development potential. Most of the residential development potential has been fulfilled
and many of the Area of Benefit projects have been constructed. These changes have prompted
another revision to the area of benefit program, resulting in a new project list and fee schedule.
-It has been determined that some of the projects previously on the list are no longer necessary,
and others have been constructed, so the project list and fee should no longer reflect a need for
those projects. Accordingly, the project list has been pared down to three projects, and the Bay
Point AOB Fee has been reduced. The road improvements to be financed by the Bay Point AOB
are listed in the development Program Report dated September 22, 1998.
IV. Consequences of Negative Action:
Failure to implement the revisions to the Bay Point Area of Benefit may discourage development
in the Bay Point area, and the funding of future projects may be delayed.
9
ORDINANCE NO. 98- 40
(Revision of Fees for the Bay Point Area of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION 1. SUMMARY. This ordinance provides for the revision and readoption of fees collected from
developments within the Bay Point Area of Benefit, located in unincorporated Contra Costa County, to
fund road improvements.
SECTION 11. REPLACEMENT. Ordinance No. 96-28 shall be repealed and replaced by this ordinance.
SECTION 111. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Section
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Code.
SECTION IV. NOTICE AND HEARING,. This ordinance was adopted pursuant to the procedure set forth
in Government Code Sections 65091, 66017(a), and 66484, and Division 913, Title 9, of the Contra Costa
County Ordinance Code, and all required notices have been properly given and public hearings held.
SECTION V. FEE-ADOPTION. The following revised fees are hereby adopted for the Bay Point Area of
Benefit to fund bridge and major thoroughfare improvements as described in the Revised Development
Program Report dated September 22, 1998 on file with the Clerk of the Board, and shall be levied and
collected pursuant to the above authorities:
Land Use Progosed Fee
Single Family Residential $ 2,116 per dwelling unit
Multi-Family Residential $ 1,696 per dwelling unit
Commercial $ 2.34 per square foot of gross floor area
Industrial $ 1.52 per square foot of gross floor area
Light Industrial $ 2.34 per square foot of gross floor area
Other Development $ 2,116 per p.m. peak hour trip generated
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of Title
9 (Subdivisions) of the Contra Costa County Ordinance Code.
SECTION VI. FEE AREA. The revised fees described in this ordinance shall apply to all property
described in Exhibit "A" attached hereto.
SECTION VII, SENIOR HOUSING, Nothing In this Ordinance shall be construed to abridge or to modify
the Board's discretion, upon proper application for senior housing or congregate care facilities pursuant
to Government Code Section 65915, to adjust or to waive the fees provided for in this ordinance.
SECTION Vlll. PURPOSE AND USE OF FEEa. The purpose of the fees described in this ordinance is
to generate funds to finance improvements to certain bridges and major thoroughfares in the Bay Point
Area of Benefit. The fees will be used to finance the road improvements listed in the Development
Program Report dated September 22, 1998. As discussed in more detail in the Report, there is a
reasonable relationship between the fees and the types of development projects that are subject to the
- 1 -
ORDINANCE NO. 98- 40
fe�-;s�in that the development pro,-,;ts will generate additional traffic of ridges and major thoroughfares
in the Bay Point area, thus creating a need to expand, extend or improve existing bridges and major
thoroughfares to mitigate adverse traffic and infrastructure impacts that would otherwise result from such
'development projects.
SECTION VII. SEVERABILITY. If any fee or provision of this ordinance is held invalid or unenforceable
by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the
remaining fees or provisions, and the Board declares that it would have adopted each part of this
ordinance irrespective of the validity of any other part.
SECTION VIII, REVIEW OF FEES. Project cost estimates shall be reviewed every year that this
ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation
using the Engineering News Record Construction Cost Index. Such adjustment shall not require further
notice or public hearing.
SECTION IN. EFFECTIVE DATE. This ordinance shall become effective 60 days after passage, and
within 15 days of passage, shall be published once with the names of the Supervisors voting for and
against it in the Contra Costa Times, a newspaper of general circulation published in this County.
Pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code, the Clerk of the Board shall
promptly file a certified copy of this ordinance with the County Recorder.
SE T ION IN. EXISTING FEE. The replacement of Ordinance No. 96-28 and Resolution No. 961361 shall
not affect any fees accrued thereunder prior to the effective date of this ordinance, and such fees shall
remain subject to payment and collection. Notwithstanding any other provision of this ordinance, should
any fee set forth in Section V be ruled invalid or unenforceable by a court of competent jurisdiction, the
comparable fee in Ordinance No. 96-28 shall be deemed not to have been repealed and shall remain
subject to payment and collection.
PASSED and ADOPTED on September 22, 1998 by the following vote:
AYES: SUPERVISORS UILKEMA, GMUM, DESAULNIER, CANCIAMILLA and ROGERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: PHIL BATCHELOR, Clerk of the
Board of Supervisors and
Coun 'Administrator
Bo rd Chair
gft-4�
ML: /e&--D=eJ5`5ty
0-%GrpData\Transi_ngW L\AOB\BAYPOI NT\documents\Ordinanca.wpd
- 2 -
ORDINANCE NO. 98- 40
Bay Point
Area of Benefit
W. 0. #4130
EXHIBIT "A"
All that real property situated in the City of Pittsburg and in the unincorporated area of Contra
Costa County, California, described as follows:
Reference to maps, boundary lines, and ownerships are to records of said County.
Beginning on the north right-of-way line of State Freeway Route No. 4 at the southwest comer
of Subdivison 4137 Willow Landing recorded February 25, 1972 in Book 144 of Maps at page
14, being a point on the City of Pittsburg boundary; thence from the Point of Beginning along
said City boundary in a general northeasterly direction 35,000 feet, more or less, to the
Solano/Contra Costa County boundary; thence along said County boundary in a general
westerly direction 35,000 feet, more or less, to the northerly prolongation of the west line of
Section 5, Township *2 North, Range 1 West, Mount Diablo Meridian; thence along said
prolongation and west line, southerly 7,000 feet, more or less, to the southwest comer of said
Section 5, being a point on the centerline of Port Chicago Highway; thence along the west line
of Section 8 (T2N, R1 W), southerly 410 feet, more or less, to the south right-of-way line of
Contra Costa Canal; thence along said Canal right-of-way in a general southwesterly direction
20,000 feet, more or less, to the City of Concord boundary; thence along said City boundary in
a general southeasterly direction 1,000 feet, more or less, to the north right-of-way line of State
Freeway Route No. 4; thence along said north line in a general easterly direction 5,025 feet,
more or less, to the west 1/4 comer of Section 16, Township 2 North, Range 1 West, Mount
Diablo Meridian; thence along the west line of Section 16 ("2N, R1 W), southerly 1,200 feet,
more or less to the southwest comer of Parcel A as shown on the map of Subdivision MS 9-53
filed January 20, 1984 in Book 109 of Parcel Maps at page 10, said point lying on the boundary
of the United States Naval Reservation; thence along said Naval Reservation boundary in a
general southeasterly direction 20,650 feet, more or less to the southwest comer of Parcel A as
shown on the map of ;Subdivision MS 15-89 filed November 22, 1991, in Book 155 of Parcel
Maps at page 44; thence along the southerly and easterly boundary of said Parcel A(155 PM
44), 9,623 feet, more or less to the southeast comer of Parcel B as shown on the map of
Subdivision MS 243-73 filed March 18, 1974, In Book 32 of Parcel*Maps at page 42; thence
along the easterly boundary of said Subdivision MS 24343 in a general northerly direction
8,971 feet, more or less, to the south right of way line of the Contra Costa Canal; thence along
said Canal right of way in a general westerly direction 4,350 feet ,more or less, to the-east line
of Section 14, Township 2 North, Range 1 West, Mount Diablo Meridian; thence along said east
line of Section 14 (T2N, R1 W), in a general northerly direction 940 feet, more or less, to the
north right of way line of State Freeway Route No. 4; thence along said north line, easterly 1,500
feet, more or less, to the Point of Beginning.
JH.jig
gAc1edca1lexhibits\4130.bp
6/17/96