HomeMy WebLinkAboutMINUTES - 03262002 - SD4 TO: BOARD OF SUPERVISORS'
FROM: MAUR'ICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: March 26, 2002
SUBJECT: Extend Urgency Ordinance and Adopt Regular Ordinance and for the East County
Transportation Improvement Area of Benefit. Cad-CP#02-16, Project No. 0676-2190-
SAS (6P4013)
Resolution No. 2002/194
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
i, Recommended Action:
A. It is recommended that the Board take the fallowing actions:
1. ENACT the attached ordinance extending,for an additional 30 days,the interim fee
measure for the East County'Transportation Improvement Area of Benefit adopted
on February 26, 2002 (Ordinance No. 2002-04).
Continued on Attacbment: X SIGNATURE:
:.RECOMMENDATION OF COUNTYADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
'APPROVE OTHER
SIGNATURE(S): ,
ACTION OF BOARD ON' Manch 26, 2002 APPROVED AS RECOMMENDED X- OTHER
VOTE OF SUPERVISORS I'hereby Certify that this is a true and correct copy of an
UNANIMOUS(ABSENT Ty } action taken and entered on the minutes of the Board
AYES: NOES- of Supervisors on the date shown.
ABSENT: - ABSTAIN
DSje ATTESTED: March 26 2002
o:\TransEngl2002kECTIAiBO-ECTIAordinance3.doc JOHN SWEETEN, Clerk of the Board of Supervisors
orig.Div-Public worn(TE) and County Administrator
Contact: Mary Halle,Tel.313-2327
c: PW Accounting—C.Reynolds � A �
PW Eng.Srvs.--T.Torres I?tQL
Pw Trans.Eng.-€r.Spoto By ,;Deputy
County Auditor/Controller
County Treasurer/Tax Collector
SUBJECT. Extend Urgency Ordinance and Adopt Regular Ordinance for the East County
Transportation Improvement Area of Benefit. CDD-CP#02-16, Project No. 0676-2190-
SAS (6P4013)
MATE: March 26, 2002
PAGE 2
2. APPROVE the East County Transportation Improvement Authority Fee Study
(Development Program Report) 'pertaining to expanding the program of the
proposed regional transportation improvements and FIND that the improvements
are necessary and desirable within the Area of Benefit.
3. FIND that a majority protest, as defined in County Ordinance Code Section 913-
6.020, does not exist
4. DETERMINE that the activity is not subject to the California Environmental Quality
Act (CEQA) per General Rule. of Applicability (CEQA Guidelines Section
15061(b)(3))
5. ENACT the attached ordinance adopting permanent fees for the East County
Transportation Improvement Area of Benefit and repealing Ordinance No.2602-05
previously adopted on February 26, 2002.
6. DIRECT the Director of Community Development to file the Notice of Exemption
with the County Clerk.
7. AUTHORIZE the Public Works Director/Chief Engineer to arrange for payment of;a
$25 fee to Community Development for processing, and::a $25 fee to the County
Clerk for ding the Notice of Exemption,
8. INCORPORATE in this resolution by reference the boundaries, costs,and method
of fee apportionment set forth in the attached ordinance, and the East County
Transportation Improvement Authority Fee Study(Development Program Report)on
file with the Clerk of the Board.
9. DIRECT the Director of Public Works and the Auditor/Controller"to establish:a trust
fund for the East County TransportationImprovement Area of Benefit fees.
10. DIRECT the Public Works Department and the Department of Community
Development to review the fee schedule every January 1 the Area of Benefit fees
are in effect, and to adjust for the effects of inflation as described in the attached
ordinance. The adjustment for inflation is not subject to CEQA.
11. DIRECT the Director of Community Development to monitor future amendments to
the currently adopted General Plan and their impact on traffic within the East County
Transportation Improvement Area of Benefit, and to report those amendments to
the Public Works'Director, as necessary to facilitate updating of the Area of Benefit
fees and to make recommendations to the Board.
SUBJECT: Extend Urgency Ordinance for the East County Transportation Improvement Authority Fee
Program. CDD-CP#02-16, Project No.: 0676-2190-SAS (6P4013)
DATE: March 26, 2002
PAGE 3
12. RESOLVE that it is the intention of the Board that the East County Transportation
Improvement Authority aggressively pursue outside funding sources, such as
federal and state monies, to mance the roadway improvement to the maximum
extent possible.
11. Financial Impact:
The extension of the interim authorization to adopt road fees will result in the collection of potential
fees from new developments to fund regional transportation improvements within the East County
Transportation Improvement Area of Benefit. There will be no impact to the Generali Fund.
111. Reasons for Recommendations and Background
On February 26, 2002, the Board of Supervisors approved formation of the East County
Transportation Area of Benefit and enacted two fee ordinances. Ordinance No.2002-05 adopted
permanent fees for the Area of Benefit, with an effective date 60days after enactment.
Ordinance No. 2002-04,which was an urgency measure, adapted temporary fees for the Area of
Benefit, pending the effective date of Ordinance No. 2002-05.
Government Code Section 66017(b) authorizes up to two 30-day extensions of an urgency
measure. To ensure that the temporary fees remain in'effect for the Area of Benefit,Public Works
staff recommends that the Board enact the attached urgency ordinance extending the temporary
fee ordinance (Ordinance No. 2002-04) for an additional 30 days:
Public Works staff has become aware of a potential error with the newspaper advertisement
published for the February 26, 2002 public hearing.; To avoid any possible irregularity, staff
recommends that the Board also enact the attached regular ordinance as a replacement for the
permanent fee ordinance(Ordinance No.2002-05). The attached'regular ordinance will become
effective 60 days from enactment and, at that time, will repeal Ordinance No. 2002-05 Both
published and mailed notice have been given for a public hearing to consider enactment of the
attached regular ordinance.
On December 18,;;2001' the Board of Supervisors approved the Joint Powers of Agreement
establishing tate East County Transportation Improvement Authority(ECTIA)between the County
and the Cities of Antioch, Bentwood, and Oakley. ECTIA was formed with the charge to improve
the East County transportation network by establishing a fee authority, which will'allow'for an
increase in East County regional transportation fees to $7,500 per single-family dwelling unit,
$4,600 per multi-family dwelling unit, and $1.00 per square foot for cion-residential uses. In
addition, the project list covered by the program was expanded to include improvements to
specific arterials and regional or sub-regional routes in the East County, as identified in the East
County Transportation Improvement Authority Fee Study (Development Program Report).
13ZG
SUBJECT: Extend Urgency Ordinance for the East County Transportation Improvement Authority Fee
Program. CDD-CP#42-16, Project No.: 0676-2194-SAS (6P4413)
DATE: March 26, 2442
PACE 4
The ECTIA program will operate concurrently with and will support the East Contra Costa
Regional Fee and Financing Authority (ECCRFFA), which has been operating since 1994. In
December 2004,the ECCRFFA decided to move forward with an expanded program,which would
include an increase in developer fees and an expanded list of improvement projects. However,
since the City of Pittsburg disagreed with the fee uniformly Imposed throughout the fee area, a
new Joint Exercise of Powers Agreement for ECTIA was executed by the remaining members of
ECCRFFA, to include the cities of Antioch, Brentwood, Oakley, and Contra Costa County.
The ECTIA fee program will allow for fee credit for payment of the ECCRFFA fee to avoid double
payment for those projects common to both fee programs, such that the combined (ECCRFFA
plus ECTIA) contribution for those projects does not exceed $7,504 per peak hour trip or the
current ECTIA fee adjusted for cost of living.
An additional administrative fee equal to 2% of the program revenue will be assessed by the
County.
IV Consequences of Negative Action:
Failure to extend the interim authorization to adopt fees will result in the loss of potential revenues
during the time remaining before the permanent fees go into effect.
x
Ordinance No. 2002-08
(Extending Interim Authorization to Adopt Fees for East
County Transportation improvement Area of Benefit)
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I SUMMARY This ordinance provides for the extension of an interim authorization for fees
to be used for bridge and major thoroughfare improvements within the East County Transportation
Improvement Area of Benefit, which improvements are needed to protect the public health, safety,
and welfare and are necessary and desirable within the area of benefit.
SECTION 11 FINDINGS The Board finds that:
There is an urgent need for interim fees as the inadequacy of the transportation infrastructure within
the above-named area of benefit has caused 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 and welfare.
Residential, commercial and other construction activity is increasing in the East County area and is
expected to remain strong in the near future. The corresponding increase in traffic along Highway 4
and connecting streets will further reduce the quality of travel throughout the entire East County 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 ability to finance construction of necessary bridge and major thoroughfare
improvements within the Fast County area is detrimental to the public health, safety and welfare.
SECTION III AUTHORITY This ordinance is enacted, in part, pursuant to Government Code Section
66484 and Division 913, Title 9, of the Contra Costa County Ordinance Cade.
SECTION IV PROCEDURE This ordinance was adopted pursuant to the procedure; set forth in
Government Code Section 66017(b)
SECTION V FEF ADOPTION' The following interim fees are hereby extended for the East County
Transportation Improvement Authority Fee Area to fund the bridge and major thoroughfare
improvements described in the Development Program Report (East County Transportation
Improvement Authority Fee Study) dated January 2002, and shall be levied and collected'pursuant to
the above authorities:
East County Transportation Improvement Fees:
Land Use Fee
Single Family(SF)Residential $7,500 per dwelling unit
Multi Family Residential $4,600 per dwelling unit
1 ,
Ordinance No. 2002-08
Commercial $100 per square feat
Office $1.00 per square foot
Industrial $1.00 per square foot
Other $7,500 per peak hour trip
In addition, a fee equal to 2 percent of the above amounts shall be levied and collected to cover the
County's administrative casts and expenses in collecting, handling, and forwarding the fees to the
East County Transportation Improvement Authority.
Fees shell be collected when building permits are issued in accordance with Section 913-4.2G4 of
Title 9 of the Centra 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. Bethel Island Regional Area of Benefit
2. Discovery Bay Area of Benefit
3. Oakley/North Brentwood ,area of Benefit
4. East County Regional Area of Benefit (including the East County Bub-area,
Pittsburg/Antioch Sub-area, and Marsh Creek Sub-area)
5. Bay Point Area of Benefit
6. Eastern Contra Costa Bub-Regional Transportation Mitigation Area of Benefit
However, fees paid 'underOrdinance No. 97-30 (Eastern Centra Costa;Sub-Regional Transportation
Mitigation Area of Benefit) and forwarded' to the East Contra Costa Regional Fee and Financing
Authority (ECCRFFA) shall be credited against the fees payable under this ordinance, as necessary
to avoid double payment for the same project costs.
The following shall be exempt. from the fetes levied under this ordinance: (1) any developments
required under conditions of approval to construct certain off-site road improvements in lieu of fee
payment subject to approval of the East County Transportation Improvement Authority, and (2) any
unimproved subdivision lots for which fees for one of the above areas of benefit previously were paid,
prier to February 26, 2002, at the time of map recordation.
SECTION VI FEE 'AREA The interim fees set forth in this ordinance shall apply to all property
described in Exhibit A attached hereto.
SECTION VII SENIOR HOUSING Nothing in this ordinance shah be construed to abridge or modify
the Board's discretion, upon proper application for senior housing or congregate care facilities
pursuant' to Government Code' Section 55915, to adjust or waive the fees provided for within this
ordinance, in accordance with East County Transportation Improvement Authority policies.
SECTION VIII PURPOSE AND USE OF FEES The purpose of the fees described in this ordinance
is to generate funds to finance improvements to certain bridges and major thoroughfares in the East
County Transportation Improvement Area of Benefit. The fees will be used to finance the road
improvements'listed in the Development Program Deport (East County Transportation Improvement
Ordinance No. 2002-08
Authority:Fee Study). 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 on bridges and major thoroughfares in the East
County area, thus creating a need to expand,1 extend, or improve existing bridges and major
thoroughfares and a need to construct new bridges and major thoroughfares to mitigate adverse
traffic and infrastructure impacts that otherwise would result from such development projects.
SECTION IX 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 ether part.
SECTION X EFFECTIVE DATE This ordinance shall become effective on March 26 2002, and
shall be operative for thirty days, after which time it may be extended. Within 15 days;of passage,
this ordinance shall be published once, with the names s of the Supervisors voting for and against it, in
the Brentwood News, Antioch Ledger, and the Contra Costa Times, newspapers of general
circulation published in this County. Pursuant to Section 013-6.026 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.
PASSED and ADOPTED on March 2 , 2002 by the following vote;
AYES: Uilkema, Gerber, Glover and Gioia
NOES: Bone
ABSENT: Desaulnier
ABSTAIN:None
Attest: John Sweeten, Clam of
the Board of Supervisors and County
Administrator
By:
Deputy Mck +Chair, Board of Supervisors
MH:Ds:,a
G.\GrpoalalTransEngNMZECTtAlOrdinance W02-04.doc
^3Y
Ordinance No. 2002-08
Boundary Description
East County Transportation improvement Area
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north, east, and south
by the boundary of said county, and bounded on the west by the following described line:
Beginning in Suisun Bay on the boundary of Contra Costa County at the northern prolongation
of the west line of Section 5, Township 2 North, Range 1 West, Mount Diablo Meridian, thence
from the Point of Beginning, along said prolongation and west lines of Sections'5 and 8 (T2N,
RI W), southerly 14,225 feet,' more or less, to the west quarter corner of said Section 8; thence
along the midsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter
corner of said Section 8; thence along the east lines of Sections 8 and 17 (T2N, R1W),
southerly 6,430 feet, more or less, to the southwest corner of PARCEL "A" of Subdivision NIS
9-83 filed January 20, 1984 in Book 109 at page 10, Parcel Maps of said county,, also being an
angle point on the boundary of "CONCORD NAVAL WEAPONS STATION ANNEXTION" to
the City of Concord certified November 1, 1966; thence along said annexation boundary as
follows: (1) southeasterly 8,670.76 feet to the north fine of Section 27 (T2N, R1 W), ,.(2)
southeasterly 10,641.44 feet, (3) southerly 3,015.62 feet, (4) southerly 1,478.05 feet, and '(5)
southwesterly 817.33 feet to the south line of U.S.A. Explosive Safety Zane recorded
December 27, 1977 in Volume 8645 at page 682, Official Records of said county, and shown
on the Record of Survey filed January i8, 1985 in Book 76 at page 12, Licensed Surveyors
Maps of .said county; thence leaving said annexation boundary and following the boundary of
said safety zone (also being the boundary of"BRINTON ANNEXATION" to the City of Concord
certified July 15,; 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly 660.00 feet, (3)
northerly 646.64 feet and (4) easterly 659.60 feet, to the west line of Section 1 (T1 N, R1 W);
thence leaving the boundary of said safety zone, along said west line, southerly 2,582 feet,
more or less, to the southeast corner of"BRINTCN ANNEXATION" on the north right of way
line of Kirker Pass Road (also being the northeast corner of "BERNSTEIN ANNEXATION" to
the City of Concord certified March 29, 1972);;thence continuing along the west line of Section
1 (also being the east line of"BERNSTE N ANNEXATION"), southerly 2,309 feet, more or less,
to the southwest corer of said Section 1 on the north line of "OAKHURST COUNTRY CLUB
AREA ANNEXATION" to the City of Clayton certified November 30,'1987; thence leaving the
boundary of the City of Concord and following the boundary of said City of;Clayton annexation
as follows: -(1) aping the south line of Section 1, easterly 5,254.45 feet, to the northeast corner
of Section 12 (T1 N, R1 W) on Mount Diablo Meridian, (2) along said 'merid'ian, southerly
10,353.95 feet, to the nearest corner of Section 24 (T1 N, R1W), (3) along 7the north line of
Section 24, westerly 1,406.17 feet, to the northeast right of way line of Marsh Creek Read
shown on the Record of Survey filed September 29, 1966 in Book 445 of Licensed Surveyors
Maps at page 2, (4) along said right of way line in a general southeasterly direction 1,526.21
feet to Mount Diablo Meridian, and (5) along said meridian, southerly 936:04 feet, to the most
southeastern corner of said annexation; thence leaving said annexation boundary, continuing
along' said meridian, southerly 72.75 feet, to the northwest corner of "OAKWOOD
ANNEXATION" to the City of Clayton certified August 16 1990; thence along the boundary of
`'OAKWOOD ANNEXATION„ (also being the 'boundary of Subdivision 7259 "Oakwood " filed
December 12. 1990 in Book 354 of Maps at page 5) as follows: (1) easterly 339.92 feet, (2) in
a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45 feet,
(4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest corner of
"OAKWOOD ANNEXATION" on Mount Diablo Meridian; thence leaving said annexation
boundary, along said meridian, southerly 13,854.97:,feet, to NationalGeodetic Survey Station
"Mount Diablo;" thence continuing along said meridian, southerly 15,840 feet, more or less, to
the southwest corner of Section 18 (TIS, R1 E); thence along the south lines of Section 18, 1,7,
16, 15, and 14 (T1 S, R1 E), easterly 26,373 feet, more 'or less, to the northwest corner of
Section 24 (TIS, RIE); thence along the west lines of Sections 24 and 25 (TIS, RIE),
southerly 10,560 feet, more or less, to the southwest corner of said Section 25; thence along
the south line of Section 25 (t1 s, R1 E) and the south line of Section 30 (TIS, R2E), ;easterly
8,575 feet, more or less, to the southwest right of way line of Morgan Territory Road shown on
the reap of Subdivision MS 1886 filed February 28, 1992'in Book 157 of Parcel Maps at page
43; thence said southwest line in a general southeasterly direction 686 feet, more or less, to
the southwestern prolongation of the northwest line of Subdivision MS 31-78 filed December
31,1980 in Book 91 of Parcel' Maps at page 44; thence along said prolongation and northwest
line, northeasterly 2,255.06 feet, to the west line of Section 29 (TIS, R2E) thence along said
west line, southerly 1,020.02 feet, to the southwest corner of Section 29; thence along the
south 'lines of Sections 29 and 28 (T1S, R2E); easterly 10,560 feet, more or less, to the
northwest corner of Section 34, (T1 S, R2E), thence along the west line of Section 34 (T1 S,
R2E) and the west lines of Section 3 and 10 (T2S, R2E), southerly 14,960 feet, more or less,
to the boundary of Contra Costa County.
EXCLUDING THEREFROM.
1. Those portions lying within the boundaries of incorporated cities.
2. " The sphere of influence for the City of Clayton as adopted by the Local Agency
Formation Commission and as shown in Exhibit' 1-4, page 1-9 of the 'Clayton
General Plan adopted July 17, 1985.
MRDS.mp:je
G;\GrpData\TransEng\20021ECTiAIExhibit A.doc
3/33194
41138194
1!37102
1L13z(;3
Ordinance No. 2002-09
(Adoption of East County Transportation Improvement Fees);
The Board of Supervisors of Contra Costa County ordains as follows:
SECTION I S!LM RY This ordinance provides for the adoption of fees to be used for bridge and
major thoroughfare improvements within the East County Transportation Improvement Area of
Benefit, which'improvements are necessary and desirable within the area of benefit.
SECTION ll 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.
SECTION III PROCEDURE This ordinance was adopted pursuant to the procedure set forth in
Government Code Section 66017(b).
SECTION IV FEE ADOPTION The following fees are hereby adopted for the East County
Transportation Improvement Area of Benefit to fund the bridge and major thoroughfare improvements
described in the Development program Report (East County Transportation Improvement Authority
Fee Study)dated January 2092, and shall be levied and collected pursuant to the above authorities:
East County Transportation Improvement Fees.
Land Use Fee
Single Family(SF)Residential $7,500 per dwelling unit
Multi Family Residential $4,600 per dwelling unit
Commercial $1.00 per square foot
Office $1.00 per square foot
Industrial $1.00 per square foot
Other $7,500 per peak hour trip
In addition, a fee equal to 2 percent of the above amounts shall be levied and collected to cover the
County's administrative casts and expenses in collecting, handling, and forwarding the fees to the
East County Transportation Improvement Authority.
Fees shall be collected when building permits are issued in accordance with Section 913-4.204 of
Title 9 of the Centra Costa County Ordinance Code.
The fees payable under this ordinance shall be in addition to fees payable for the following areas of
benefit:
I. Bethel Island Regional Area of Benefit
2. Discovery Bay Area of Benefit
. Oakley/North Brentwood Area of Benefit'
- I -
Ordinance No.2002-09
4. East County Regional Area of Benefit (including the East County Sub-area,
Pittsburg/Antioch Sub-area, and Marsh Creek Sub-area)
5. Bay Point Area of Benefit
6. Eastern Contra Costa Bub-Regional Transportation Mitigation Area of Benefit
However, fees paid under Ordinance No. 97-30 (Eastern Centra Costa Sub-Regional Transportation
Mitigation Area of Benefit) and forwarded to the East Contra Costa Regional Fee and Financing
Authority (ECRFFA) shall be credited against the fees payable under this ordinance, as necessary
to avoid double payment for the same project costs.
The following shall be exempt from the fees levied under this ordinance: (1) any developments
required under conditions of approval to construct certain off-site road improvements in lieu of fee
payment subject to approval of the East County Transportation Improvement Authority-, and (2) any
unimproved subdivision lots for which fees for one of the above areas of benefit previously were paid
prior to February 26, 20021 at the time of map recordation,
SECTION V EEE AREA The fees set forth 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 modify
the Board's discretion, upon proper application for senior housing or congregate care facilities
pursuant to GovernmentCode Section 65915, to adjust or waive the fees provided for within this
ordinance, in accordance'with East County Transportation Improvement Authority policies.
SECTION VII PURPOSE AND USE OF FEES The purpose of the fees described in this ordinance
is to generate funds to finance improvements to certain bridges and major thoroughfares in the East
County Transportation Improvement Authority Program Area. The fees will be used to finance the
road improvements listed in the 'Development Program Report (East County Transportation
Improvement Authority Foe Study). As discussed in more detail in the Report, there is a reasonable
relationship between the tees and the types of development projects that are subject to the fees, in
that the development projects will generate additional traffic on bridges and major thoroughfares in
the East County area, thus creating a need to expand, extend, or improve existing bridges and major
thoroughfares and a need to construct new bridges> and major thoroughfares to mitigate adverse
traffic and infrastructure impacts that would otherwise result from such development projects.
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 pert of this ordinance irrespective of the validity of any other part.
SECTION IX REVIEW OF FEES Project cost estimates shall be reviewed every year that this
ordinance is in effect. The fee schedule' shall' be adjusted annually on January 1, to account for
inflation using'Engineering Dews Record Cost Index. Such adjustment shall not require further notice
or public hearing.
-2- `
Ordinance No. 2002-09
113263
SECTION X EFFECTIVE DATE This ordinance shall become effective 60 days after passage, and,
within 15 days of passage, this ordinance shall be published once, with the names of the Supervisors
voting for and; against it, in the Brentwood News, Antioch Ledger, and the Contra Costa Times,
newspapers 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.
SECTION XI REPEAL OF FORMER ORDINANCE As of the effective date of this ordinance,
Ordinance No. 2002-05, which was enacted on February 26, 2002, is repealed. However, such
repeal shall not affect any fees previously payable under Ordinance No. 2002-05, which fees shall'
remain subject to payment and collection.
PASSED and ADOPTED on March 26, 2002 by the following;vote:
AYES: Uilkema, Gerber, Glover and Gioia
NOES: gone
ABSENT: Desaulnier
ABSTAIN gone
Attest: John Sweeten, Clerk of
the Board'of Supervisors and County
Administrator
bilvl/
By:
Deputy Clerk Chair, Board of Supervisors
WDS'
G:1GrpOatatTransEng12WZECT1AlordtnanCe W02.05.doc
-3-
Ordinance No. 2002-09
Boundary Description
East County Transportation Improvement Area
EXHIBIT "A"
The eastern portion of Contra Costa County, California, bounded on the north, east, and south
by the boundary of said county, and bounded on the west by the following described line:
Beginning in Suisun Bay on the boundary of Contra Costa County at the northern prolongation
of the west line of Section 5 Township 2 North, Range 1 West, Mount Diablo Meridian; thence
from the Paint of Beginning, along said prolongation and west lines of Sections 5 and 8 (T2N,
R1W), southerly14,225 feet, more or less, to the west quarter corner of said Section 8; thence
along the midsection line of Section 8, easterly 5,280.06>feet, more or less, to the east quarter
corner of said Section 8; thence along the east lines of Sections 8 and 17 (T2N, R1 W),
southerly 6,430 feet, more or less, to the southwest corner of PARCEL "A" of Subdivision MS
9-83 filed January 20,'1984 in Book 109 at page 10, Parcel Maps of said county, also being an
angle point on the boundary of "CONCORD NAVAL WEAPONS STATION ANNEXTION'" to
the City of Concord certified November 1, 1966; thence along said annexation boundary as
follows: (1) southeasterly 8,670.76 feet to the north line of Section 27 (T2N, R1 W), (2)
southeasterly 10,641.44 feet, (3) southerly 3,615.62 feet, (4) southerly 1,478.05 feet, and (5)
southwesterly 817.33' feet to the south line of U.S.A. Explosive Safety Zone ':recorded
December 27, 1977 in Volume 8645 at page;6182, Official Records of said county, and shown
on the Record of Survey filed January 8, 1985 in Book 76 at page 12, Licensed Surveyors
Maps of said county; thence leaving said annexation boundary and following the boundary of
said safety zone (also being the boundary of"BRINTON ANNEXATION" to the City of Concord
certified duly 15, 1987) as follows: (1)'' easterly 1,398.01 feet, (2) easterly 660.00 feet, '(3)
northerly 646.64 feet and (4') easterly 659.61 feet, to the west line of Section 1 (TIN, R1 W);
thence leaving the boundary of said safety zone, along'said west line, southerly 2,582 feet,
more or less, to the southeast comer of"BRINTON ANNEXATION" on the north right of way
line of Kirker Pass Road (also being the northeast corner of "BERNSTEIN ANNEXATION"`' to
the City of Concord certified'March 29, 1972);thence continuing along the west line of Section
I (also being the east line of".BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less,
to the southwest''corner of said Section 1 on the north line of "OAKHURST COUNTRY CLUB
AREA ANNEXATION" to the City of Clayton certified November 30, 1987; thence leaving the
boundary of the City of Concord and following the boundary of said City of Clayton annexation
as follows. (1)along the south line of Section 1, easterly 5,254.45 feet, to the northeast corner
of Section ' 12 (TIN, R1W)' on Mount Diablo Meridian, (2) along said meridian, southerly
10,353.95 feet, to the nearest corner of Section 24 (TIN, RIW), ( ) along the north line of
Section 24 westerly 1,406.17 feet, to the northeast right of way line of Marsh Creek Road
shown on the Record of Survey filed September 29, 1966 in Book 45 of Licensed Surveyors
Maps at page 2, (4) along said right of way line in a general southeasterly direction '1,526.21
feet to Mount Diablo Meridian, and (5) along said meridian, southerly 936.04 feet, to the most
southeastern corner of said annexation; thence leaving said annexation boundary, continuing
alone said meridian,' southerly 72.75 feet, to the northwest corner of "OAKWOOD
ANNEXATION" to the City of Clayton certified August 16, 1999; thence along the boundary of
"OAKWOOD ANNEXATION" (also being the boundary of Subdivision 7259 "Oakwood " filed
December 12. 1990 in Bock '354 of Maps at nage 5') as follows: (1) easterly 339.92 feet, (2) in
ya general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45 feet,
(4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest corner of
"OAKWOO'D ANNEXATION" on Mount Diablo Meridian; thenceleaving said annexation
boundary, along;said meridian, southerly 13,854.67 feet, to National Geodetic Survey Station
"Mount Diablo;" thence continuing'along said meridian, southerly 15;846 feet, more or less, to
the southwest corner of Section 18 (T1 S, R1 E); thence along the south lines of Section 18, '17,
16, 15, and 14 (TIS, R1 E), easterly 26,373 feet, more or less, to the northwest corner of
Section 24 (T1 S, R1 E); thence `along' the west lines of Sections 24 and 25 (T1 S, RIE),
southerly 10,560 feet, more or less, to the southwest corner of said Section 25; thence along
the south line of Section 25' (t1 s, 'R'I E) and the south line of Section 30 (T1 S, R2E) easterly
8,575 feet, more or less, to the southwest right of way line of Morgan Territory Road shown on
the map of Subdivision MS 18-86 filed February 28, 1992 in Book 157 of Parcel Maps at page
43; thence said southwest line in a general southeasterly direction 686 feet, more or less, to
the southwestern prolongation of the northwest line of Subdivision MS 31-78 filed December
31,1980 in Book'91 of Parcel Maps at page 44; thence along said prolongation and northwest
line, northeasterly 2,255.06 feet, to the west line of Section 29 (T1 S, R2E); thence along said
west .line, southerly 1,020.02 feet, to the southwest corner of Section 29; thence along the
south lines of Sections 29 and 28 (T1 S, R2E); easterly 10;560 feet, more or less, to the
northwest corner of Section 34, (T1 S, R2E), thence along the west line of Section 34 (T1 S,
R2E) and the west lines of Section 3 and 10 (T2S,'R2E) southerly 14,960 feet, more or less,
to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the Local Agency
- Formation Commission and as shown in Exhibit 1-4 page 1-9 of the Clayton
General Plan adopted July 17, 1985.
1+1MH:DS.mp:je
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