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HomeMy WebLinkAboutMINUTES - 04231996 - C89 _= Contra TO: BOARD OF SUPERVISORS .� ��}a l FROM: TRANSPORTATION COMMITTEE ' County °�s-. ' rq . DATE: April 15, 1996 SUBJECT: West County Subregional Transportation Mitigation Program SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve the following principles for the proposed West County Subregional Transportation Mitigation Program and request the Board' s representative to convey these principles to the West County Transportation Advisory Council (WCCTAC) : 1 . Reiterate support that the primary purpose of the proposed fee will be to mitigate impacts of new development in West County on State Route 4 West, and that fees collected will represent the proportionate share of new development ' s contribution toward the unfunded portion of the interim State Route 4 West Project costs . The current estimate of the unfunded portion of the interim State Route 4 West Project is $19 million. 2 . A "nexus" study, as mandated under both state law and recent court decisions, should proceed immediately to establish the relationship between the proposed mitigation fee and the project (s) the fee is intended to support . The nexus study CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR x RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER low01ti SIGNATURE (S) : Smith Tom Torlakson ACTION OF BOARD ON April 23 , 1996 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. Orig: P.Roche, CDD-TPD (335-1242) ATTESTED April 23, 1996 cc: Irma Anderson, Chair,WCCTAC (via CDD) PHIL BATCHELOR, CLERK OF J.Bueren, PWD-TE THE BOAR F SUPERVISORS grIADMINST ;TrO WC Fee 4/15/96 Page Two RECOMMENDATION - continued should be used to determine the. proportionate share of trips on State Route 4 West attributed to new development from each West County jurisdiction, and, to the extent possible, trips on State Route 4 West which can be attributed to new development from other jurisdictions, such as Solano County. 3 . The inclusion of a transit project (to be determined) in the fee mitigation program should be based on establishing its nexus relationship to new development in West County. The nexus study should determine the proportionate share of the transit project ' s costs which can be reasonably attributed to demand for the transit project by new development from each West County jurisdiction, and, to the extent possible, the share of the transit project ' s costs which can be reasonably attributed to demand generated by new development from other jurisdictions, such as Solano County. C 4 . The fee mitigation program should apply to all new development for each West County jurisdiction. The eventual granting of credits and/or exemptions to new development should be based on state law and court precedents, and should be balanced against the need to raise fee mitigation revenue for the project (s) as established by the nexus study. 5 . The expenditure and control of the program' s fee revenue should be through a fiscal agency which is accountable to the jurisdictions participating in the fee program. FISCAL IMPACT None directly to County General Fund. A Subregional Transportation Mitigation Program would impose an additional fee on new development in the unincorporated areas of West County. Funds generated by the fee would be used for specified regional transportation improvements in West County. BACKGROUND/REASONS FOR RECOMMENDATIONS The West Contra Costa Transportation Advisory Committee (WCCTAC) has been discussing development and implementation of a subregional transportation mitigation program in West County for over a year. Development of a subregional transportation mitigation program began in earnest as a response to a request from the Contra Costa Transportation Authority for a status, scope, and schedule for adopting a program that mitigated the regional traffic impacts of new development in each of the County' s four subregions . The attached concept paper (see Exhibit "A") outlines an approach, reviews legal requirements, and a timeline to develop and implement a program in West County to collect a traffic impact fee from new development . The concept calls for assessing a subregional traffic impact fee up to $750 . 00 on new single family units in West County. The fee revenues collected would be used to fund up to $8 million of the SR-4 West interim project and about $2 million would be set aside for a transit project . There has been discussion among WCCTAC members about determining an appropriate transit project that could be funded through the fee . WCCTAC has requested its Technical c.g9 WC Fee 4/15/96 Page Three Advisory Committee to review several matters concerning the subregional traffic impact fee, including: 1) define a process for selection of a transit project similar to a grant allocation process; 2) define a better way to grant credits and exemptions; and, 3) summarize the comments and concerns of the member jurisdictions for the April meeting. Summary of Key Issues: Reaching a consensus among the participating jurisdictions about the scope and size of a subregional traffic impact fee program in West County has been the overriding issue. Most jurisdictions seem to agree that traffic impact fees should be collected to back fill the funding gap for the interim improvements to State Route 4 West (expressway.. project) . However, to date, no clear consensus has been reached on the following matters : 1 . Setting a Fee Rate for Residential Uses WCCTAC staff and consultant in the concept paper have proposed a fee in the range of $750 . 00 per new single family unit . Some have suggested it should be slightly higher, set a $1, 000 . 00 per new single family unit, and still others advocate a more modest fee of between $250-$400 per new unit . 2 . Setting a Fee Rate for Commercial/Industrial Uses What should be the appropriate fee rate for commercial and industrial uses? Several WCCTAC members are concerned that the proposed $0 . 50 per square foot rate on commercial and industrial uses would be a disincentive for economic development . They argue the rate should be much lower. 3 . Should Exemptions and Credits be granted? Should credits and/or exemptions from the fee be granted to certain land uses? If so, what types of development would receive credits or exemptions? After credits or exemptions have been granted, how much revenue raising capacity would remain in the program? 4 . Finding a Suitable Transit Project There is a consensus that some portion of fee revenue collected should go toward a transit project, but identifying a suitable transit project in West County has been difficult . To get around this problem, WCCTAC is now talking about setting aside fee revenue for a future transit project (s) to be determined through a competitive grant allocation process . This approach, however, may be subject to challenge because no clear "nexus" relationship has been established. Also, it should be noted that the California Government Code, Section 66484 does not give the County the power to assess a fee for transit . An opinion will be needed from the County Counsel should a transit project become an element to the West County subregional fee mitigation proposal . C. g9 WC Fee 4/15/96 Page Four 5 . How will the fee program be administered? Responsibility for collecting the fee will, of course, reside with each jurisdiction, but the question of who will be responsible for administration, oversight, and fiduciary trust of the fee program has not been answered. Resolution of this matter is critical, because it has been a significant political issue and stumbling block for other multi- jurisdiction funding programs proposed in West County. The Transportation Committee recommends that the Board of Supervisors approve the five principles with regard to the West . ..County-.Subregional Transportation Mitigation Program: 1 . Reiterate support that the primary purpose of the proposed fee will be to mitigate impacts of new development in West County on State Route 4 West, and that fees collected will represent the proportionate share of new development ' s contribution toward the unfunded portion of the interim State Route 4 West Project costs. The current estimate of the unfunded portion of the interim State Route 4 West Project is $19 million. 2 . A "nexus" study, as mandated under both state law and recent court decisions, should proceed immediately to establish the relationship between the proposed mitigation fee and the project (s) the fee is intended to support . The nexus study should be used to determine the proportionate share of trips on State Route 4 West attributed to new development from each West County jurisdiction, and, to the extent possible, trips on State Route 4 West which can be attributed to new development from other jurisdictions, such as Solano County. 3 . The inclusion of a transit project (to be determined) in the fee mitigation program should be based on establishing its nexus relationship to new development in West County. The nexus study should determine the proportionate share of the transit project ' s costs which can be reasonably attributed to demand for the transit project by new development from each West County jurisdiction, and, to the extent possible, the share of the transit project ' s costs which can be reasonably attributed to demand generated by new development from other jurisdictions, such as Solano County. 4 . The fee mitigation program should apply to all new development for each West County jurisdiction. The eventual granting of credits and/or exemptions to new development should be based on state law and court precedents, and should be balanced against the need to raise fee mitigation revenue for the project (s) as established by the nexus study. 5 . The expenditure and control of the program' s fee revenue should be through a fiscal agency which is accountable to the jurisdictions participating in the fee program, PRoch:j :wcfee.bo I EXHIBIT A WCCTac West Contra Costa Transportation Advisory Committee /" •O MEMORANDUM MC-) � µ TO: WCCTAC BOARD MEMBERS AND ALTERNATES " � = co mss: E I c e``i t° INTERESTED PARTIES r —+-t C) FROM: LISA HOGEBOOM, PROGRAM MANAGER m z —: o CA H e r c u l e s DATE: APRIL 1, 1996 V.I RE: SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM (STMP) Pinole k At the March 29th WCCTAC meeting, the Board requested that the TAC and staff do the following in the month of April relative to the subregional transportation mitigation Richmond program: • Define the "parameters" for transit (or other) projects so that project sponsors can determine if their projects meet certain criteria. Selection San P a b I o of a transit project(s) would entail a process similar to a grant allocation process. • Define the credits and exemptions that are outlined on pages 8-9 of the Executive Summary/Concept Paper (March 1996) that was in the March WCCTAC packet. In addition to the seven listed, add "Projects that contribute local fees that mitigate regional impacts." AC Tra,n.,sit • Summarize the comments and concerns raised by the jurisdictions and the „ County and bring the information to the April Board meeting. Please brh g any comments to my attention as soon as possible. B A R T Contra costa LMH/slt County ONE ALVARADO SQUARE SAN PABLO • CA 94806 TEL 510.215.3035 FAX 510,235.7059 WCCTnc West Contra Costs rransportatlon Advisory ConnTittss SUBREGIONAL TRANSPORTATION MITIGATION PROGRAM EXECUTIVE SUMMARY/CONCEPT PAPER March 1996 E I Ce t r it o Executive Summary The West Contra Costa Transportation Advisory Committee(WCCTAC) has developed a concept for the subregional transportation mitigation program (STMP). The general concepts for the inti STMT are as follows: Hercules • Fund up to $8 million of the Highway 4 interim improvements and up to $2 million for a transit project. • Fee to be the same across all jurisdictions,to the extent allowable based on the nexus Pinole study, and to be levied by local jurisdictions on new residential and commercial development in West County. • Fee to be a maximum of$750 per unit of residential use and a maximum of$0.50 per R i c h m o n d square foot of commercial use with potential credits for. 1)jobs/housing balance, 2) affordable housing, 3) rebuilt structures, and 4)transit-oriented projects. • Agreed to further analyze a potential proposal for a"no-net loss"scenario which San Pa b I o would give the jurisdictions some flexibility in the fees on residential and commercial development. As background information, this concept paper provides a discussion of the legal requirements of the fee program and an overview of the development timeline with information on current fees and expected growth in West County. State and Local Laws AC T r a n s i t i.The Subregional Transportation Impact Fee is being proposed by WCCTAC in response to local Measure "C" requirements for such a fee. As required by Section 4 of the Measure "C"Growth Management Program,each jurisdiction shall"adopt a development mitigation program to ensure that development is paying its share of the costs associated B A R r with that development." Local jurisdictions are required to participate in and concur with the implementation of the development mitigation program. Each jurisdiction must implement a fee program before receiving local street maintenance and improvement funds. Contra Costa C o u n t v This impact.fee however is also subject to specific requirements imposed by state law under California Government Code 6600-6603, including the need to demonstrate a "reasonable relationship between the amount of fee and the portion of the cost of the facility attributable to the development." ONE ALVARA00 SQLARE SAN PABLO - C.�91806 TEL 510.215.3035 FAX 510.2345.:059 Past Actions CCTA CCTA pursued adoption of an "interim" uniform regional transportation improvement fee in early 1992. The fee was tentatively set at $4,709 per peak hour trip, which translates into a fee of $4,757 per single family home and$6,593 per 1000 square feet floor area of new office use. It was estimated at the time that the fee would generate about$640 million county-wide between 1990 and the year 2005. About$63 million of this amount(less than 10%) would have been generated by West County development. The "interim" uniform regional traffic improvement fee concept was eventually dropped and passed on to the Regional Transportation Planning Committees (RTPC's) to allow local agencies more time to develop their own programs. WCCTAC The following timeline highlights the major actions in the development of this STMP concept: Feb. 15, 1995 CCTA letter requesting information on the status, scope, and schedule for completion of WCCTAC's efforts on the STMP. ApriUMay 1995 WCCTAC and TAC explored the requirements for the STMP and whether the existing efforts could be counted towards the STMP. This information was summarized in the STMP Options and Issues Paper. June 1995 A public workshop was held to discuss various options for the STMP -- 1.) continuing current local programs, 2.) enhancing local programs, and 3.).implementing a subregional impact fee program. Improvements to public transit service in west county and improvements to Highway 4 were discussed as high priority projects. The recommendations from the workshop included a fourth option with fees ranging from $400 to $500.per residential dwelling unit and $0.50 to $0.60 per commercial square foot. A simple, non-complicated fee structure was preferred and projects to be funded would focus on transit alternatives given the low potential for return. These recommendations were discussed in the Combined Fee and Mitigations Options paper and were presented to the WCCTAC Board. Sw.i.mer 1995 A task force made up of the TAC and elected officials met to review the options. Their conclusions were as follows: Highway 4 was the top priority of the region. • AC Transit involvement was needed in developing a transit alternative. ii ' �. • Nexus issues with funding a transit project. Fall 1995 A meeting with AC Transit was conducted to discuss possible transit options. The following conclusions were reached at this meeting: • A fee to support transit operations was ruled out as not legal and not feasible. • AC Transit does not want more buses, bus shelters, or turnouts due to the ongoing maintenance and operation costs. • AC Transit has an interest in la ng the very popular park-and-ride lot at the former Breuner's site. Dowling Associates contacted Caltrans regarding park-and-ride sites along the I-80 corridor. January 1996 An addendum to the Options and Issues Paper was presented to the TAC and included the following: • description of a park-and-ride lot and interim Highway 4 improvements as two potential projects • potential fee structures for target revenues of$5 and 10 million. Feb. 9, 1996 Dowling Associates presented their findings on the feasibility of a park-and- ride lot project to the TAC and TAC concluded that there are many unresolved siting, local acceptance, and environmental issues. Since then the WCCTAC Technical Advisory Committee (TAC) has been working on defining a transit project for the impact fee. Further work is being undertaken to define the transit project while work is continued on setting up the subregional impact fee program to fund improvements to Highway 4. Other RTPCs The other RTPC's in Contra Costa County are at various stages in the development of their own subregionaI mitigation fee programs. East County The subregional transportation mitigation impact fee was adopted by the East County jurisdictions in 1994. Fees were established to cover the administration, planning, environmental document, design, acquisition of right-of-way, and construction of three projects. The fees are collected by each local jurisdiction. The fees are calculated based on the number of daily trips generated by each of the projected uses. Fees are uniformly distr:buted across the entire East County. A reduction in non-residential land uses was attributed io the projected jobs-housing balance. Before final approval of the joint I ower's agreement, a phasing schedule was developed to ease the burden,of such a fee on developers in areas unaccustomed to fees. The fees for single-family dwelling units were phased in over a four year period starting at $1,780 and reaching $4,475 by 1997. iii v C.gq . Central County A subregionai transportation mitigation fee program was included as one of the future steps in the Central Contra Costa Action Plan. TR.ANSPAC has prepared a draft program that includes a list of candidate projects and has begun to explore potential fee structures. The fee is likely to fall at the lower end of the potential fee structures identified in the Action Plan at$0.50 per square foot commercial and $1,500 per residential unit, if not lower. The fees were viewed as a tool for leveraging other funding sources. TRANSPAC is also in the process of drafting a limited Joint Powers Agreement which would include provisions for establishment of a fee program. South County The Tri-Valley Transportation Council (TVTC)views the subregional transportation mitigation fee program as a mechanism for generating revenues to fund a portion of the unfunded 30% of the total projected cost of the high-priority regional improvements identified in the Tri-Valley Transportation Plan/Action Plan. The TVTC has established that it does not want any regional fee revenues collected in Tri-Valley to be expended on projects outside of the Tri-Valley area. TVTC is currently in the process of performing the technical analyses for the impact fee Program. Current Fees in West County Some of the local jurisdictions in West County already impose local traffic impact fees. El Cerrito and San Pablo do not collect specific traffic impact fees. In Hercules and Pinole,the traffic impact fees are minimal. In portions of Richmond and the unincorporated areas of West County, the fees are substantially more. The current traffic impact fees collected in West County are shown in Table ES-1. Fees in Other Jurisdictions Current traffic impact fees collected in other Contra Costa County jurisdictions vary. However, the higher fee rates collected in Richmond and the unincorporated areas of West County are more comparable with the rates collected elsewhere in the County. The fees collected by Richmond for the El Sobrante planning area for commercial uses are among the highest. Expected Growth West County is expected to grow by 7,513 households and about 8 million square feet of commercial floor space between 1996 and 2010. Most of the growth is anticipated to occur in Richmond and Hercules. Most of the other areas are fairly built out and future development is limited. The projected growth from 1996 to 2010 for West County by jurisdiction is shown in Table ES-2. iv Exhibit ES-1 Existing West County Traffic Impact Fees Jurisdiction Land Use SFDU MFDU Commercial Office Industrial Other El Cerrito $o so so so so so Hercules $580- n.a. $2.58 $2.58 $2.58 $2.58 Pinole $508 5508 So.17 $0.17 So.17 $0.17 Richmond El Sobrante3 54,174 $3,150 58.49 55.27 n.a. n.a. Brickyard Cove $2,030 51,380-1.765 S2.03 $3.05 $2.10-2.83 54055 Hilltop/Pt. Pinole4 53,156 52,507 54.30-6.43 54.29 52.60 54.296 , San Pablo so so so so $o $o County' El Sobrante 53,178 52,555 57.93 $5.05 n.a. S3,1778 Crockett/Rodeo $1,648 $1,319 S4.12 $2.63 SI-15 n.a. N. Richmond 51,900 51,900 54.81 $4.81 51.33 51,9008 Other $1,648 51,319 54.12 52.63 $1.15 n.a. Exhibit ES-2 Distribution of Growth by City within West County (1996-2010) Residential Commercial Local Jurisdiction D.U. % msf % El Cerrito 560 7.5% 0.24 3.0% Hercules 2,253 30.0% 4.38 54.9% Pinole 824 ` 11.0% 0.31 3.9% Richmond 3,574 47.6% 2.76 34.6% Rodeo-Crockett 184 2.4% 0.16 2.0% San Pablo 114 1.5% 0.13 1.6% Other 4 0.10 0.00 0.0% Total West County 7,513 100.0% 7.98 100.07 Projects One highway and one transit project have been identified as potential projects for the impact fee program. Interim Highway 4 The Highway 4 Interim Improvement project would widen the existing 2 lane section of Highway 4 to four lanes. It is expected to cost about$48 million. Measure "C"would provide v � J $29 million of the cost,leaving a funding shortfall of$19 million. The Interim Improvement project for Highway 4 has Iong been a high priority for West County and the project is only partially funded by Measure "C", State, and Federal sources. The WCCTAC STMP fee is needed to complete the funding of this project. Transit.improvement Project WCCTAC, WestCAT, and AC Transit have been exploring the possibility of using traffic impact fees to fund various transit service imp`ro evments. The Technical Advisory Committee of WCCTAC has.initiated a study to dev'elbp an~ae�eptable and feasible transit project. The study would take about 6 months and would coordinate with AC Transit, other local transit providers, and local jurisdictions. This study would also identify other possible funding sources for the transit project other than a developer fee, such as AB 434 or ISTEA. Administration of Fee Administration of the fee program consists of the collection, management, and distribution of the STMP fees. Local agencies would be responsible for the collection of the STMP fees, including granting waivers. deferrals, exemptions, and reductions of the fees. Local agencies, WCCTAC, or a third party could be responsible for managing, accounting, and investing the fees until they are needed for a transportation project. The manager would be responsible for maintaining the value of the contributed funds, distributing fees, and returning to local agencies unexpended funds that have been held for more than 5 years. Credits Measure "C" identified the following possible factors for consideration in developing the STMP: 1. carpool and vanpool programs, 2. proximity to transit service, 3. jobs/housing balance, and 4. existing regional traffic impact fees Each of these factors may warrant reduced or waived fees. WCCTAC would need to develop guidelines for setting a "value" on these actions and determining credits to be given against the impact fee. "Affordable" or low income_housing, redevelopment projects and assessment districts that are already paying for transportation capital improvements through tax increments or property assessments might also be considered for a fee waiver or reduction. Staging It has been suggested that developer impact fees might be staged to reduce their initial impact on the economies of West County jurisdictions. The fees might start out at a low level and increase vi u in later yearsa West County agencies. however, would NOT be allowed by state law to raise the fees on later development projects to make up for the reduced fees levied on earlier developments. Thus, staging of the impact fees woul qmean less total income available to construct the promised transportation improvements. , Next Steps May 1996 Once concept is reviewed by local jurisdictions and the public, WCCTAC would modify the proposal and approve a nexus analysis. June to Sept. 1996 Perform nexus analysis, set final rates, draft model ordinance, and recommend administration of fee program. October 1996 WCCTAC to review results of technical analyses, modify and circulate to local jurisdictions and public for comment. November 1996 WCCTAC to review comments, modify and recommend adoption by local jurisdictions. December 1996 Local jurisdictions to adopt enabling ordinances. vii F, / _„r The following paragraphs provide brief answers to some of the more frequently asked questions about the proposed subregional traffic impact fee. The concept report and executive summary provide more detailed information on the overall concept and some of the options being considered for the impact fee program. Why Do We Need a Subregional Impact Fee? There are three reasons: 1. Measure "C" requires cities to impose a regional impact fee in order to continue to receive their Measure "C" funds. 2. The Interim Improvement Project for Highway 4 is $12 million short of being fully funded, and 3. Transit service is under funded and service reductions have taken place in West County. What is the Goal of WCCTAC's Subregional Impact Fee? The goal of WCCTAC's Subregional Impact Fee is to: 1. Raise aboGi- $m illion dollars towards the funding shortfall of the Interim Improvement Project for Highway 4, and to 2. Raise about $1 million to $2 million to improve transit service in West County. What Transit Project Is Proposed For Funding With The Subregional Impact Fee? WCCTAC has not vet identified a transit project that has proven to be feasible for funding b the P J P g Y Subregional Impact Fee. The Technical Advisory Committee is working with the transit providers in West County and the local jurisdictions to determine a feasible transit project. WCCTAC is proceeding with the STMP at this time without a definitive transit project because it is necessary to start securing funding commitments for State Highway 4 at this time, before that project is further delayed. Does WCCTAC Have .A:Maximum Fee In Mind That It Is Willing To Impose? Yes. It is WCCTAC's goal that the combined fee for Highway 4 and transit service improvements not exceed the following values: 1. no more than $750 per dwelling unit, and 2. no more than $0.50 per square foot floor area for commercial uses. 1 g" O Will There Be Credits For Special Development Projects That Have Lower Traffic Impacts? Yes. It is WCCTAC's intention that the final fee program provide credits and reductions in the impact fee for: 1. Development projects that are transit oriented, 2. Projects that balance jobs and housing in the community, 3. Projects that are infill projects, 4. Projects that replace a previous use, 5. Projects that construct improvements to Highway 4, 6. Projects that construct transit improvements, or 7. Projects that increase the supply of affordable housing. The exact credits for these kinds of projects and guidelines for determining when credits can be given will be developed during the technical nexus analysis that will be conducted after WCCTAC has received comments on this fee program concept. There may be an appeal process that will allow developers and/or local jurisdictions to demonstrate, by means of a traffic impact analysis, that their project has lower traffic impacts that entitle the project to a certain credit towards the subregional traffic impact fees _=�K Who Will Collect The Fees? The subregional impact fees must be imposed and collected by the local jurisdiction in which a development project is located. Who will administer the spending of the fees after they are collected has not yet been determined. It might be WCCTAC (currently a Joint Powers Agency) or a special agency set up to administer the program. Can Cities Vary The Fees To Suit Their Particular Circumstances? It is WCCTAC's intention that the subregional impact fee be as uniform across local jurisdictions as allowed by the technical "nexus" analysis. However, WCCTAC would also like for cities and the county be able to vary the fees according to local needs as long as the total amount of impact fees collected by the jurisdiction for the subregional impact fee program remains unchanged. The local jurisdictions will also be allowed to determine which projects are eligible for credits subject to general agreed upon guidelines published by WCCTAC. The mechanics of this process will be discussed in the technical analysis. What Is The Penalty For Non-Comnliance? The penalty for not imposing a subregional transportation impact fee would have to be determined by the Contra Costa Transportation Authority in accordance with its published compliance and appeal procedures. The penalty to local jurisdictions in the West County area 2 �' 1 would presumably be the same as for any other failure to exhibit a"good faith effort" to comply with the requirements of Measure "C". To date, consensus has been reached on the proposed STMP. Is It Legal To Collect Fees In One Jurisdiction for Use In Another Jurisdiction? Yes, it is legal to collect fees in one jurisdiction for expenditure elsewhere as long as there is a '`nexus" (a logical connection) between the traffic impacts generated by the development project, the fee being imposed on the development project, and the mitigation,measure for which the fees will be used. The reason that a subregional traffic impact fee is needed is that new development causes traffic impacts that spill over many jurisdictions. Traffic does not respect jurisdictional boundaries. Where the proceeds of a subregional fee are spent is determined by where the traffic impacts of new development occur, not where the new development is located. 3 wccrfic Wast Contra Costa Transportation Advisory Committee r L• J� �r1 MEMORANDUM N E l C e r r it U TO: WCCTAC BOARD FROM: LISA HOGEBOOM, PROGRAM MANAGER H e r c u l e s DATE: MARCH 20, 1996 RE: STMP TRANSIT STUDY SCOPE OF WORK V i n o I e The following is a proposed work scope for the transit project study. The purpose of the study is to identify a transit project(s) for inclusion in the WCCTAC Subregional Transportation Mitigation Program (STMP). Project status reports will be made to the WCCTAC Board after each task is completed. Richmond Task 1. Solicit all member jurisdictions, Caltrans, BART, AC Transit WestCAT, and other transit providers for potential projects to improve transit service in West County. 5 a n P a h'o The purpose of this task is to identify a candidate list of transit projects that are legally fundable with impact fees and fall in the $1 million range of capital costs. All agencies and jurisdictions will be asked to submit projects to be considered. This task also involves working with the TAC to identify key contacts at each agency. The candidate list may include new projects, additional elements of on-going projects, or improvements to existing facilities, as long as the projects are regional in nature. Task 2. Provide project descriptions for each project. A C T r a n s i t Each project is briefly described, given the information available, and includes the location and cost estimate. The project description should include the location and the cost estimate. The project sponsor will be identified, and any potential issues that may arise will be highlighted. This task would be similar to what was done for the B A R T park-and-ride lots studied earlier. Committed and potential funding sources for each of the projects will be identified (including sources other than developer fees, such as AB 434 and/or ISTEA funds). Contra Costa County /\ AL%ARADO SQLARE SAN PABLO • CA 94806 .« 510.215.3035 FAX 510.23 5.7059 Memorandum - Transit Study Page 2 Task 3. Prioritize project 1'. The project.list will be submitted to the TAC for review and comment. This task involves working with the TAC to establish criteria for prioritizing the project list. The result of this task will be a prioritized list of projects. Task 4. Prepare feasibility study for top projects. More detailed descriptions will be prepared for the top two or three projects from the prioritized list. The idea is to flush out as many details about the potential project as possible based upon the information that is currently available. The financial and political feasibility of each project will be discussed. A firm commitment by the project sponsor(s) will be secured. This information will be presented to the TAC for final recommendation of a transit project. Task 5. Prepare transit study report. This report will describe the process for selecting the final transit project. It will include a list of all projects identified by the local agencies, project descriptions, and the criteria for prioritization. . A detailed description of the final transit project will be provided including cost estimates, project sponsor, any secured funding sources, and potential funding sources. Task 6. Submit to WCCTAC for final approval. The final study report with the recommended transit project(s) will be submitted to the WCCTAC for approval as the transit project(s) for the STMP.