HomeMy WebLinkAboutMINUTES - 06111991 - H.3 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: June 11, 1991
SUBJECT: Extend Urgency Measure for Richmond/EI Sobrante Area of Benefit
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
It is recommended that the Board:
1. EXTEND the interim authorization of road fees an additional 30 days by ordinance, until
permanent fees for the adopted Richmond/EI Sobrante 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.
II. 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 Richmond/EI Sobrante
Area roadways.
III. Reasons for Recommendations and Background:
On May 14, 1991, the Board of Supervisors adopted the Richmond/EI Sobrante Area of Benefit
to provide for the collection of fees to be used for safety and. capacity improvements to the
Richmond/EI Sobrante roadway network. In conformance with Government Code Section
65962, the fees adopted at that time shall be effective on July 13, 1991 (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
Continued on Attachment: X SIGNATURE:
ZZ
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON AAV--L �� 9 y / APPROVED AS RECOMMENDED �_ OTHER
VOTE OF SUPERVISORS
_ UNANIMOUS (ABSENT._�Y— )
AYES: NOES:
ABSENT: ABSTAIN: 1 hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
MC:eh Board of Supervi rs on the date shown.
c:1301 1A6 ATTESTED:
PHIL BAT IELOR,Clerk of the Board
of Supervls and County Administrator
Orig. Div: Public Works (RE)
cc: Community Development By ,Deputy
Auditor/Controller
County Treasurer/Tax Collector
County Counsel
5:.--
Extend Urgency Measure for Richmond/EI Sobrante Area of Benefit.
June 11, 1991
Page 2
III. Reasons for Recommendations and Back, rq ound:(Cont.)
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.
IV. 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.
PVT
4,3
ORDINANCE NO. 91- 32
(Urgency Measure for Interim Authorization
to Increase Road Fees for
Richmond/El Sobrante Area of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I. Summary. This ordinance is an urgency measure for interim authorization
to increase fees to be used for bridge and major thoroughfare improvements in the
Richmond/El Sobrante area,which improvements are needed to protect the public health,
safety and welfare.
SECTION II. Findincas. The Board finds that:
There is an urgent need for increased fees as.the inadequacy of the Richmond/El
Sobrante area road network causes signficant congestion, delay and economic
loss to the entire El Sobrante Valley area. The resulting stressful driving conditions
and reduction in air quality are adverse factors affecting the public health, safety
and welfare.
Housing construction activity is, expected to be heavy in the near future for the
Richmond/El' Sobrante area. The corresponding increase in peak hour traffic on
the El. Sobrante road network will further reduce the quality of travel in the
Richmond/El Sobrante area.
Failure to adopt the increased fees at this time will result in a los 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 Richmond/El Sobrante area is detrimental to the public health, safety and
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
and safety, in that the failure to fund necessary improvements to road
infrastructure in the Richmond/El Sobrante area will result in continuing and
additional traffic congestion, delay, economic-loss, stressful driving conditions and
reduction in air quality.
The adoption of increased fees at this time will allow the immediate 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.
J
Ordinance No. 91- 32
Page 2
SECTION NI. Extension. The interim authorization for collection of road fees (Ordinance
No. 91-28), which was enacted on May 14, 1991 and is operative for 30 days, is hereby
extended an additional 30 days, at which time the interim authorization will expire, unless
further extended.
SECTION 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.
Q
SECTION V. Procedure. This ordinance was adopted pursuant to the procedure set forth
in Government Code Section 66017(b).
SECTION VI. Fee Adoption. The following increased fees are hereby ADOPTED for the
Richmond/El Sobrante Area of Benefit to fund the major thoroughfare improvements
described in the Revised Development Program Report on file with the Clerk of the Board,
and shall be LEVIED and COLLECTED pursuant to the above authorities.-
Single
uthorities.Single Family Residential $3,178/dwelling unit
Multi-Family Residential $2,555/dwelling unit
Retail $7.93/sq ft gross floor area
Office $5.05/sq ft gross floor area
All Other Land Uses $3,177/p.m. peak hour trip
The fees shall be payable as specified in Chapter 913-4 of the Contra Costa County
Ordinance Code.
SECTION VII. Fee Area. The fees described in this ordinance shall apply to ail property
described in Exhibit A attached hereto.
SECTION VIII. Severability. If any fee or provision of this ordinance is held invalid or
unenforceable by a court of competent jurisdiction, that holding shall not affect the validity
or enforceability of the remaining fees or provisions, and the.Board declares that it would
have adopted each part of this ordinance irrespective of the validity of any other part.
SECTION IX. Effective Date. This ordinance shall become effective at the same time as
Ordinance No. 91-28 expires, 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 West County 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.
Ordinance No. 91- 32
Page 3
PASSED and ADOPTED on June 11. 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, Torlakson and Powers
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board of Supervisors and County
Administrator
By:
Deputy79 Board Chair
MC:eh
VORD#91.0
J
1 ` 1
APPENDIX "A"
RICHMOND/EL SOBRANTE
AREA OF BENEFIT
BOUNDARY DESCRIPTION
Real property situated in the City of Richmond and the unincorporated area of Contra
Costa County, California, described as follows:
References to maps, boundaries, and ownerships are to records of said County.
Beginning on the east right-of-way line of Interstate Route 80 "Eastshore Freeway" at the
north corner of Subdivision 5214 "Hilltop Green - Unit No. 3-D" recorded April 20, 1978
in Map Book 210 at page 11; thence from the Point of Beginning following the boundary
common to the Cities of Richmond and Pinole, south 57°37'48" east 1,030 feet, more or
less, to the west corner of Tract 2620 "Loma Linda Heights Unit No. 2" recorded July 30,
1958 in Map Book 70 at page 30; thence leaving City of Richmond boundary and
following City of Pinole boundary in a general easterly direction 22,700 feet, more or less,
to the north corner of Subdivision 5039 filed August 10, 1978 in Map Book 215 at page
27; thence along the boundary common to.the Cities of Richmond and Pinole, in a
general southeasterly direction 4,408 feet, more or less, to the west corner of East Bay
Municipal Utility District PARCEL THREE recorded April 25, 1957 in Volume 2969 of
Official Records at page 595; thence leaving City of Pinole boundary and following City
of Richmond boundary in a general southeasterly direction 8,700 feet, more or less, to
the southeast corner of Subdivision 6673 filed November 1, 1988 in Map Book 327 at
page 10; thence continuing to follow City of Richmond boundary, south 49°59'01" west
1,576.45 feet, to the south corner of Subdivision 6673; thence leaving City of Richmond
boundary and following the southeast line of Subdivision MS 113-74 (filed December 30,
1974 in Parcel Map Book 36 at page 23), south 49058'32" west 456.92 feet and south
50006'03"west 2,173.62 feet, to the south corner of Subdivision MS 113-74; thence along
City of Richmond boundary, south 50006'03" west 801.07 feet, to the northeast line of
John F. Kennedy Grove PARCEL TWO granted to East Bay Regional Park District (a
public agency hereinafter referred to as E.B.R.P.D.) and recorded February 7, 1966 in
Volume 5052 of Official Records at page 489; thence continuing along City of Richmond
boundary following the boundary of John F. Kennedy Grove (5052 O.R. 489), north
46053'20" west 1,522.24 feet and south 58°15'11" west 1,257.63 feet, to the most eastern
corner of Subdivision 2974 "Oakhill Estates Unit No. 1" recorded February 15, 1963 in
Map Book 91 at page 9; thence leaving City of Richmond boundary and following the
southeast line of Subdivision 2974, south 58°15'11" west 943.17 feet, to the northeast
right-of-way line of Hillside Drive (91 M 9); thence crossing Hillside Drive (as shown on
the map of Subdivision MS 233-77 filed February 10, 1981 in Parcel Map Book 92 at page
33) and following the southeast line of Subdivision MS 233-77, south 58°15'11" west
238.93 feet, to the east corner of Contra Costa County parcel recorded March 20, 1957
in Volume 2950 of Official Records at page 524; thence along the southeast line of said
County parcel (crossing San Pablo Dam Road), south 57°12'00" west 219.29 feet, to the
south corner (2950 O.R. 524); thence along the southwest right-of-way line of San Pablo
* w
Dam Road in a general southeasterly direction 4,400 feet, more or less, to the most
southern corner of San Pablo Development Company PARCEL ONE recorded December
19, 1989 in Volume 15550 of Official Records at page 364; thence along the south line
of said Development Company PARCEL ONE in a general northwesterly direction 10,400
feet, more or less, to the southwest line of George C. Wilson et al PARCEL ONE recorded
July 1, 1986 in Volume 12973 of Official Records at page 870; thence along said
southwest line, north 57°30'00" west 430 feet, to an angle point on the boundary of
E.B.R.P.D. PARCEL ONE recorded February 16, 1967 in Volume 5307 of Official Records
at page 433; thence along said E.B.R.P.D. boundary in a general westerly direction 8,800
feet, more or less, to the southeast corner of Lot 124 of San Pablo Rancho filed March
1, 1894; thence along the south line of Lot 124, south 89044'00" west 1,720.62 feet, to the
southeast corner of Ralph W. Johnson et ux PARCEL ONE recorded June 5, 1972 in
Volume 6667 of Official Records at page 436; thence along the boundary of said Johnson
PARCEL ONE, north 89032'00" west 176.67 feet, north 04058'46" east 1,183.95 feet, and
north 020141T' east 584.03 feet, to the southwest corner of Ralph W. Johnson et ux
PARCEL TWO (6667 O.R. 436); thence along the west line of said Johnson PARCEL
TWO, north 020141T' east 71.26 feet and north 03015'19" east 843.10 feet, to the
boundary of Lot 124 of San Pablo Rancho; thence along the boundary of Lot 124, south
89055'00" west 115.17 feet, to the southeast corner of La Colina Subdivision recorded
April 14, 1941 in Map Book 25 at page 805; thence along the boundary of La Colina
Subdivision in a general westerly direction 314.12 feet to the south line of Lot 126 of San
Pablo Rancho; thence along said south line, westerly 863 feet, more or less, to the
southeast'corner of Lot 27, Map of North Richmond filed April 6, 1908 in Map Book 1 at
page 18; thence along the south line of Lot 27, south 79°51'00" west 772.4 feet, to the
southeast corner of Lot 55 (1 M 18); thence along the south line of Lots 55 and 54 (1 M
18), south 68°49'00"west 562.2 feet,to the northeast corner of Subdivision 3131 "Hosford
Heights Unit One" recorded December 31, 1963 in Map Book 97 at page 2; thence along
the boundary of Subdivision 3131, south 0500315" east 885.00 feet, south 8405645"west
116.00 feet, south 74026'45" west 411.00 feet, and south 83003'58" west 61.12 feet_
(crossing Bonita Road),to the southeast corner of Marvin Helbaum et ux parcel recorded
April 9, 1982 in Volume 10739 of Official Records at page 740 (described in deed to the
State of California recorded July 24, 1970 in Volume 6178 of Official Records at page
260); thence along the south line of said Helbaum parcel, south 83003'58"west 33.53 feet,
to the east right-of-way line of Grand Canyon Avenue shown on "Map of Richmond
California Heights, Contra Costa County, California" filed April 21, 1914 in Map Book 11
at page 257; thence along said east line, south OrQ'00" east 148.59 feet; thence
crossing Grand Canyon Avenue, south 82020'00"west 40 feet,to the beginning of a curve
concave to the southwest to which a radial bears north 82°20'00" east 15 feet; thence
along the arc of said curve, northwesterly 29.67 feet through a central angle of 113°21'00",
to a point of tangency on the south right-of-way line of Capitol Hill Avenue (11 M 267);
thence along said south line in a general westerly direction 193.64 feet, to the most
northern corner of Lot 10 of Block 7 (11 M 267); thence along the boundary of Lot 10,
south 51014'00" west 121.67 feet and south 32°12'30" east 67.43 feet; thence crossing
said Lot 10, north 86020'00" east 10 feet, to the northwest corner of Lot 34 of Block 7 (11
2
M 267); thence along the west line of Lot 34 and its southern prolongation, south
03040'00" east 153 feet, to the south right-of-way line of Harbor View Avenue (11 M 267);
thence along said south line in a general westerly direction 71..10 feet to the east corner
of Lot 8 of Block 8 (11 M 267); thence along the southeast line of Lot 8, south 55°04'00"
west 103.56 feet, to the west corner of Lot 7 of Block 8 (11 M 267); thence along the
southwest line of Lot 7, south 30048'50" east 102.52 feet, to the north right-of-way line of
Grand Canyon Avenue (11 M 267); thence crossing Grand Canyon Avenue south
34056'00" east 40 feet; thence along the south right-of-way line of Grand Canyon Avenue
in a general westerly direction 219.74 feet to the east line of Lot 14 of Block 1 (11 M 257);
thence along said east line, south 122.73 feet, to City of Richmond boundary; thence
along City of Richmond boundary in a general westerly direction 1,307 feet, more or less,
to the north corner of Lot 2 of Block 6 of Tewksbury Heights filed September 20, 1909
in Map Book 2 at page 38; thence leaving City of Richmond boundary and following City
of San Pablo boundary in a general northerly direction 8,350 feet, more or less, to the
south corner of State of California parcel recorded July 2, 1954 in Volume 2341 of Official
Records at page 430; thence leaving City of San Pablo boundary and following the
southeast right-of-way line of Interstate Route 80 "Eastshore Freeway" in a general
northeasterly direction 9,670 feet, more or less, to the Point of Beginning.
LH:drg
c\ex:4050.aob
11/29/90
3