The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01011998 - 1998-500 TO: BOARD OF SUPL-rtVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: September 15, 1998 SUBJECT: Extend the Urgency Ordinance for the Collection of the Tri-Valley Transportation t`Iti,? Development Area of Benefit Fee. omC4Project No.: 0676-6P4032 C4 RESOLUTION NO. 98! SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Actlon: 1. ADOPT the attached urgency ordinance extending the interim authorization for the collection of the Tri-Valley Transportation Development Area of Benefit Fees for an additional 30 days. 2. DIRECT The Clerk of the Board of Supervisors to record a certified copy of this Board Order with the County Recorder. Continued on Attachment:_2L SIGNATURE. '✓r{ � RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER SIGNATUREIS): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT — AYES: NOES: ABSENT: ABSTAIN: ML:eh G:ltransengtbobr98te1TVTDaobExt.doc I hereby certify that this is a true and correct Orig.Div: Public Works(TE) copy of an action taken and entered on the Contact: Martin Lysons-Tel.313-2295 minutes of the Board of Supervisors on the c: M.Shlu,Deputy Public Works Director date shown. Auditor/Controller ATTESTED: S e c t e mb e r Building Inspection—C.Boltadano Community Development-G.slusher PML SATCHEL �, Clerk of the Beard Public Works Accounting O Supervisors unty nistrator By Deputy Resolution 981500 Extend the Tri-Valley Transportation Development Fee September 15, 1998 Mage 2 II. Financiallmlaact: The extension of interim authorization of road fees an additional 30 days will have no financial C4 impact on the General Fund. The funds collected will be deposited in a trust fund account specific 6 to the improvements to be funded by the Tri-Valley Transportation Development Fee Area of Benefit. Ill. Reasons for Recommendations and Background: On August 11, 1998, the Board of Supervisors passed a resolution forming the Tri Valley Transportation Development (TVTD) Area of Benefit. In accordance with government Code Section 65962, the fees adopted at that time will be effective on October 11, 1998 (60 days after the adoption of the fee). The Board also adopted an urgency measure as an interim authorization for fees to be collected immediately. This authorization to adopt road fees is required pursuant to Government Code Section 65962 to ensure that potential revenues are not lost during the time remaining before the TVTD Fee goes into effect. However, the urgency measure is only valid for 30 days; this extension is necessary to enable County staff to collect the fee until the regular TVTD Fee Ordinance takes effect. W. Consequences of Negative Action: Failure to extend the interim authorization of road fees until permanent fees for the Tri-Valley Transportation Development Fee Area of Benefit become effective may result in a loss of potential revenues during the time remaining before the regular ordinance goes into effect. Resolution 98/500 ORDINANCE NO. 98- 41 (Extension of Interim Authorization to Collect the Tri-Valley Transportation Development Area of Benefit Fees) The Board of Supervisors of Contra Costa County ordains as follows: W SECTION I. SUMMARY. This ordinance provides for extension of the interim authorization for collection WW" of fees to be used for major thoroughfare improvements within the Tri-Valley Transportation Development Fee Area of Benefit, which are needed to protect the public health, safety and welfare. SECTION 11. FINDINGS. The Board finds that: The 1-580/1-680 Interchange is a major regional access interchange within the Tri-Valley Area of Benefit. The interchange is currently inadequate in capacity to serve present and anticipated traffic generated by development within the Cities of San Ramon, Danville, Livermore, Pleasanton, and Dublin, and the unincorporated areas of the Counties of Alameda and Contra Costa. As a result, the 1-580/1-680 Interchange is now experiencing travel delays and traffic congestion of increasing severity. There exist other problem areas throughout the regional transportation system within the Tri-Valley area, including the 1-680 corridor between Ballinger Canyon Road and Diablo Road and the 1-680/Alcosta Boulevard Interchange, that, due to development in the Tri-Valley area, are experiencing increasing traffic congestion. To accommodate present and anticipated traffic within the Tri-Valley area, and to provide congestion relief along 1-580 and 1-680, several improvements to the regional transportation system have been proposed, the first of which to be the construction of improvements to the 1-580/1-680 Interchange. There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within the Tri-Valley area has caused significant congestion, delay and economic loss to the entire region. The resulting stressful driving conditions and reduction in air quality are adverse factors affecting the public health, safety, and welfare. Residential, commercial and other construction activity is increasing in the Tri-Valley area and is expected to continue growing in the near future. The corresponding increase in traffic throughout the region will further reduce the quality of travel throughout the entire Tri-Valley area. Failure to adopt the interim fees at this time will result in loss of potential revenues as residential and commercial projects are built without having to contribute their fair share to the proposed improvements. The resultant inability to finance construction of necessary transportation improvements within the Tri- Valley area would be detrimental to the public health, safety and welfare. SECTION III. AUTHORITY. This ordinance is enacted, in part, pursuant to Government Code Sections 66017(b), 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 66017(b). - 1 - ORDINANCE NO. 98- 41 SECRON IV. FEE ADOPTION. a following interim fees are hereby opted for the TVTD Fee Area of Benefit to fund major transportation improvements described in the Development Program Report dated August 11, 1998,on file with the Clerk of the Board, and shall be levied pursuant to the above authorities. The Fee shall apply to all development as shown in the table below. Lis N Single Family Residential: $ 1,515 per dwelling unit Multi-Family Residential: $ 1,060 per dwelling unit Office: $ 1.01 per SF of gross floor area Retail: $ 1.01 per SF of gross floor area IU Industrial: $ 0.76 per SF of gross floor area Other: $ 1,515 per peak hour trip 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. The interim fees payable under this ordinance shall be in addition to fees payable for the following areas of benefit: 1. South County Area of Benefit 2. Alamo Area of Benefit 3. SCC Regional Fee 4. SCC Sub-Regional Fee 5. SCC Dougherty Valley Fee 6. Tassajara Area of Benefit SECTION V. FEE AREA. The interim fees described in this ordinance shall apply to all property described in Exhibit "A" attached hereto. SECTION VI, 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 VIII. PURPOSE AND USE OF FEES. The purpose of the fees described in this ordinance is to generate funds to finance improvements to regional transportation projects that are designed to help mitigate the regional impacts of forecast development within the Tri-Valley Development Area. The fees will be used to finance the road improvements listed in the Development Program Report dated August 11, 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 fees in that the development projects will generate additional traffic regional transportation facilities in the Tri-Valley area, thus creating a need to expand or improve existing facilities to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. SECTION VI1. 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. - 2 - ORDINANCE NO. 98-41 SECTION IX. EFFECTIVE DATE. This ordinance shall become effective immediately after passage, and shall be operative for 30 days, after which time it may be extended. Within 15 days of passage, this ordinance shall be published once with the names of the Supervisors voting for and against it in the San Ramon Valley 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 N certified copy of this ordinance with the County Recorder. W PASSED and ADOPTED on -,fieri mh y - , 1498 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Admin' trator By Dep .y fjoard Chair ML:mi G:\GrpData\TransEnq\ML\TVTC\documents\Urpordinanoe.wpd 7/29/95 - 3 - END OF DOCUMENTORDINANCE NO. 98- _41