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HomeMy WebLinkAboutMINUTES - 03061990 - T.3 T. 3 BOARD OF SUPERVISORS i OM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR TE: March 6, 1990 EJECT: Extend Urgency Measure for Oakley/North Brentwood Area of Benefit .CIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION Recommended Action: It is recommended that the Board act on the following by ordinance: 1. Extend the interim authorization of road fees an additional 30 days until permanent fees for the adopted Oakley/North Brentwood Area of Benefit become effective. 2. Direct the Clerk of the Board of Supervisors to record a certified copy of this Board Order with the County Recorder. Financial Impact: The extension of the interim authorization to adopt road fees will result in the collection of potential revenues from new developments for the improvements to the Oakley/North Brentwood Area roadways. ontinued on Attachment: X SIGNATURE: *4`Oir RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER GNATURE(S): TION OF BOARD ON IJ16a 19� APPROVED AS RECOMMENDED _� OTHER 3TE OF SUPERVISORS _ UNANIMOUS (ABSENT } AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this Is a bus and corrW copy of an action taken and entered on the minutes of the Board of Sups on the date shown. C:md ATTEVED. ..nJXA". ` ( A / f 9 U 0:6.t3 PHIL BATCHELOR,Cisrk of the Board of Stoarvlsors and County Administrator )rig. Div: Public Works (RE) cc: Community Development By ,Deputy County Auditor/Controller County Treasurer/Tax Collector County Counsel tend Urgency Measure for Oakley/North Brentwood Area of Benefit irch 6, 1990 ,ge Two f Ressong for Recommendations and Background: On February 6, 1990, the Board of Supervisors adopted the Oakley/North Brentwood Area of Benefit to provide for the collection of fees to be used for safety and capacity improvements to the Oakley/North Brentwood roadway network. In conformance with Government Code Section 65962, the fees adopted at.that time shall be effective on April 7, 1990 (60 days after the adoption of the fee). Thus, the Board adopted an urgency measure as an interim authorization for fees to be collected immediately. Pursuant to Government code Section 65962, the authorization to adopt road fees is required so that potential revenues are not lost during the 30-day period of time remaining before the area of benefit fees go into effect. In the event of Board concurrence in staff recommendation, a draft ordinance is attached for appropriate action by the Board. �. Consequences of Negative Action: Failure to extend the interim authorization to adopt road fees will result in a loss of potential revenues during the 30-day period of time remaining before the area of benefit fees go into effect. Cia)INANCE No. 90-20 (urgerw navame. for Interior Authorization to increase Road Floes for - -- Oakley/North Brentwood Area of Benefit) ,he Hoard of supervisors of Contra Costa County ordains as follows: SEMOK- I. t This ordinance is an urgency measure for interim authorization to increase fees to be used for major thoroughfare improvements in the Oakley/North Brentwood area, which iaQmvements are needed to protect the public health, safety and welfare. SEC.TICN The Hoard fins that: Most roadways in the Oakley/North Brentwood area are rural two-lane roads ranging from 18 to 28 feet in width. Many of these roads are sub-standard in width by current transportation/traffic design standards. Further, Stake Route 4 is a two-lane undivided roadway with traffic volumes of 27,000 vehicles per day causing heavy congestion. The high traffic volumes contribute to delays for vehicles turning left onto Hi.gtrway 4 at several different intersections. There is an urgent need for increased fees as the inadequacy of the Oakley/ North Brentwood area road network causes significant congestion, delay and economic loss to the entire East County Region. The resulting stressful driving conditions and reduction in air quality are adverse factors affecting the public health, safety arra welfare. Housing construction activity is expected to be very heavy in the near future for the Oakley/North Brentwood area. The increase in peak hour traffic on Oakley's road network will further reduce the quality of travel in the Oakley/North Brentwood area. Failure to adopt the increased fees at this time will result in a lass of potential revenues as new development is built without having to contribute its full share to the proposed improvements. The inability to finance construction of improvements to the road infrastructure in the Oakley/North Brentwood area is detrimental to the public health, safety an welfare. Failure to require payment of the fees described in this ordinance as the condition of issuing a building permit or filing a subdivision map would place the residents of the immediate community and the fee area in a condition perilous to their health an safety, in that the failure to fluid necessary improvements to road infrastnu-ture in the Oakley/North Brentwood area, will result in continuing an additional traffic congestion, delay, economic loss, stressful driving conditions an reduction in air quality. The Hoard also finds that: Tine adoption of increased fees at this time will allow the date collection of the increased fees from new development. The end result will be to decrease travel delay, relieve traffic congestion, and thus, protect the public health, safety and welfare. SSBMTCN in, Extension. The interim authorization for collection of road feeds (Ordlinance No. 90-9) , due to expire on March 8, 1990, is hereby w&R xied an additional 30-days (i.e. until April 7, 1990) , at which time the interim authorization expire, unless further extended. SEX--=M IV. 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. S CTICN V. Procedure. This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 65962(c) . SE�L'ITCN VI. Fee Adgrtion. the following increased fees are hereby ADOPIED for the Oakley/North Brentwood Area of Benefit to fund the major thorcuq;hfare improve- ments described in the Revised Development Program Report on file with the Clerk of the Board, and shall be ZFYIEia and CC)IZB=ED pursuant to the above authorities: Ordinance No. 90- 20 Marr 6, 1990 Page 2 Single Family Residential $7,863/Dwelling Unit Multi-Family Residential $6,578/Dwelling Unit C omnercial $4.69/Sq Ft Gross Floor Area Industrial $2.85/Sq Ft Gross Floor Area The fees shall be payable as specified in Chapter 913-4 of the Contra Costa county ordinance Mode. Final residential WJbdivision maps approved prior to September 15, 1987 that have not expired or reverted to acreage shall be subject to the fees established by 0rdinan ae No. 87-79, rather than those established by this ordinance. SECTICN VII. Fee r a. The fetes described in this ordinance shall apply to all property described in Exhibit A attached hereto. SBCCTICN VLII. Severability. If any fee or provision of this ordinance is held invalid or uhenforeeable by a court, of ccrq)etent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Hoard declares that it would have adapted each part of this ordinance irrespective of the validity of any other part. SECTICN IX Effective Date. This ordinance shall became 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 Antioch Inc', a newspaper of general circulation published in this 913-6.026 of the contra Costa County Ordinance Code, the Clerk of the Hoard shall promptly file a certified copy of this ordinance with the County Recorder. PASSED and ADC}PTED on March 6, 1990 by the following vote: AYES: Supervisors Porters, Schroder, Torlakson and Fanden HOiE:S: None ABS Rr: Supervisor McPeak ABSIA-IN:None ATTEST: PHIL BATCHE10R, clerk of the Hoard of Supervisors and County Administrator By: Deputy Board Chair - RMA/NL:sd 3rd.90 -20 Exhibit "A" a Commending a the point of intersection of the westerly S.P.R.R. right of way line with the north boundary of the E.B.M.U.D. Mokelumne aqueduct; thence due east along said boundary, 6000 feet, more or less, to the easterly right of way line of Highway 4 ; thence due north along said right of way line, 2800 feet, more or less, to the Brentwood City limit line; thence along said city limit line, 3000 feet, more or less, to the Marsh Creek Flood Control Channel; thence in a general south westerly direction along said channel, 2000 feet, more or less, to the Brentwood City limit line; thence due west along said city limit line, 500 feet, more or less, to the easterly right of way line of Highway 4; thence due south along said right of way line, 500 feet, more or less, to the northerly right of way line of Sunset Road; thence in a general north easterly direction along said right of way line, 2200 feet, more or less, to the east property line of parcel #018-190-013 ; thence due north along said property line, 1300 feet, more or less, to the north right of way line of the Marsh Creek Flood Control Channel ; thence in a general north easterly direction along said channel right of way line, 5600 feet, more or less, to the southerly right of way line of Delta Road; thence due east along said right of way line, 1600 feet, more or less, to the easterly right of way line of Sellers Avenue; thence due north along said right of way line 11500 feet, more or .less, to the northerly right of way line of the Contra Costa Canal ; thence continuing in a northerly direction, 5000 feet, more or less, to the coast line. of the San Joaquin River; thence in a general westerly direction along said coast line, 36000 feet,more or less, tot he easterly right of way line of Highway 160; thence in a general south easterly direction along said right of way line, 5500 feet, more or less, to State Highway 4 ; thence westerly along the northerly right of way line of the victory Highway 800 feet, more or less, tot he westerly right of way line of Highway 4 ; thence in a general south easterly direction along said right of way line 800 feet, more or less, to the angle point in said right of way line; thence easterly 400 feet,more or less, to the easterly right of way line of Highway 4 ; thence in a general south westerly direction along said right of way line 4000 feet, more or less, to the southerly right of way line of S.P.R.R. ; thence along said right of way line in a south easterly direction, 2000 feet, more or less to the easterly property line of parcel no. 052-061- 007; thence due south along said property line, 2550 feet, more or less, to the right of way line of the Contra Costa Canal ; thence along said city limit line due south, 2200 feet, more or less, to the easterly property line of parcel no. 053-052-004 ; thence due south along said property line, 2700 feet, more or less, to the intersection of the Antioch City limit line and the northerly property line of parcel no. 054-230-027; thence due east along said property line, 5900 feet, more or less, to the intersection of the easterly right of way line of Empire Road and the northerly property line of parcel no. 054- 240-001; thence due east along said right of way line, 65 feet, more or less, to the south westerly right of way line of the S.P.R.R. ; thence in a general south easterly direction along said right of way line, 7000 feet, more or less, to the E.B.M.U.D.-Mokelumne Aqueduct.