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HomeMy WebLinkAboutMINUTES - 07161996 - C19 r TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 16, 1996 SUBJECT: Set Date for Public Hearing to Form the Southern Contra Costa Fee Areas. SPECIFIC REQUEST(S)OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: FIX August 6, 1996 at 1.0:15 or a public hearing to form the Souther Contra Costa (SCC) Fee Areas and DIRECT the Public Works Director to give notice of the hearing and to file a copy of the Development Program Report for the proposed SCC Fee Areas with the Clerk of the Board in accordance with Government Code Sections 65091 and 66484. II. Financial Impact: The formation of the SCC JEPA Fee Areas will have no financial impact on the General Fund. The funds collected will be deposited in a trust fund accounts specific to the improvements to be funded by the SCC JEPA. Ill. Reasons for Recommendations and! Background: The Southern Contra Costa (SCC) Fee Areas establishes a series of fees to finance the improvements called for in the Settlement Agreement that are necessary to mitigate the impacts of development within Dougherty Valley. On December 22, 1992, pursuant to Resolution 92/867, the Contra Costa County Board of Supervisors approved the Dougherty Valley Specific Plan which established a framework for a planned community OF 11,000 homes. Also on December 22, 1992, the Board of Supervisors approved an amendment to the General Plan ("GPA') to allow urban uses in the Dougherty Valley, certified the final environmental impact report ("EIR"), and as part of the EIR process, adopted certain "Findings" required under the California Environmental Quality Act ("CEQA') and adopted a mitigation mon i ring and reporting program ("MMP"). Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: HJB:ML:ds:eh gAtranseng\dsCW 6SoMff Originator: Public Works(T/E) I herebyCU that this is a true and correct oft of entered on the Contact Person:Martin Lysons,313-2295 mrd of Su I amend on the date shown.rnhwfts the � s PH t ` . Word cc: M.Shiu, Deputy PW Director a re of9�- Ac of@en Community Development-G. Slushery Building Inspection Department De" County Auditor-Controller County Counsel Public Works Accounting � N Set Date for Public Hearing to Form the SCC Fee Areas July 16, 1996 Page 2 Ill. Reasons for Recommendations and Background: (Cont.) Because of their concerns about impacts from development in the Dougherty Valley, on January 21, 1993, San Ramon, Danville and the Cities of Walnut Creek and Pleasanton (collectively the "Petitioner Cities") and certain non-governmental organizations including Alamo Improvement Association, Sierra Club, Greenbelt Alliance, Preserve Area Ridgelands Committee, Save Our Hills and Mount Diablo Audubon Association (collectively "Petitioner Non-Governmental Organizations" or "Petitioner NGOs") initiated litigation against the County and the Dougherty Valley Developers, asking the court to set aside the County's December 22, 1992 approvals of the GPA and the Specific Plan, certification of the EIR and adoption of the Findings and the MMP. This Litigation ("Lawsuit") is entitled Town of Danville, et. al. V. County of Contra Costa et. al.. Case No. C 93-00231 (Contra Costa County Superior Court). Consistent with the requirements of CEQA, a conference to discuss the settlement of the Lawsuit was noticed by the County and held on March 3, 1993. Thereafter, commencing on July 19, 1993, representatives of the County, the Petitioner Cities and the Dougherty Valley Developers have met frequently to establish means by which certain concerns expressed by the Petitioner Cities with respect to development within Dougherty Valley can be addressed. These discussions have resulted in an agreement ("Settlement Agreement") between the County, San Ramon, Danville and the Dougherty Valley Developers on certain principles to govern development in the Dougherty Valley and a process and certain actions by which those principles will be implemented. The Settlement Agreement formalized many of the processes through which development within Dougherty Valley will be governed. The Southern Contra Costa (SCC) Fee program is one such process as it establishes a series of fees to finance the improvements called for in the Settlement Agreement that are necessary to mitigate the impacts of development within Dougherty Valley. The Dougherty Valley Fee (paid exclusively by development within Dougherty Valley for its fair share of improvements) is one component. The SCC Sub-Regional Fee (paid by new development in the region surrounding Dougherty Valley for its fair share of the improvements) is another component. In addition, in 1988, the voters of Contra Costa County passed Measure C, which required Local Agencies to assess a fee on development to fund regional improvements. In 1987, the County, Danville and San Ramon had entered into the Tassajara JEPA to collect fees (totaling in excess of$15 million) on a region of intense development within the three jurisdictions, in order to fund both local and regional road improvements. Besides the Dougherty Valley Fee and SCC Sub- Regional Fee, the SCC JEPA also establishes a fee program to finance regional road improvement projects. The SCC Regional Fee is the third and final component of the SCC Fee Program and is estimated to collect in excess of$11 million dollars dedicated solely for regional improvements on 1-680 in Contra Costa County. IV. Consequences of Negative Action: Failure to form the SCC Fee Areas will preclude the County from complying with the provisions of the Settlement Agreement and Measure C.