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HomeMy WebLinkAboutMINUTES - 06132006 - C.30 I - I I I TO: BOARD OF SUPERVISORS Contra FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR =_ Costa C 3 0 DATE: June 13, 2006 "�s:_._ County I 't coua I SUBJECT: APPROVE Master Cooperative Agreement for the 2006 West Contra Costa Transportation Advisory Committee Subregional Transportation Mitigation.Program;FIX Public Hearing for July 18,2006, for Adoption of Urgency and Regular Fee Ordinances; West County area.(Districts I and Il) I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. I I I. Recommended Action: I � 1. APPROVE and AUTHORIZE the County Administrator, or designee, to execute the Master Cooperative Agreement for the 2006 West Contra Costa Transportation Advisory Committee (WCCTAC) Subregional Transportation Mitigation Fee Program. I 2. FIX a Public Hearing for July 18, 2006 at 9:30 a.m. to consider adoption of an urgency ordinance and a regular ordinance to establish Subregional Transportation Mitigation Fee Program Fees to fiend the revised Subregional Transportation Mitigation Program for WCCTAC. i I 3. DIRECT the Clerk of the Board to Publish the Notice of Public Hearing in compliance with Section 6062a of the California Government Code. I 1 4. DIRECT the Public Works Director to mail notice of hearing in compliance with Government Code Sections 54986 and 66017. Continued on Attachment: ® SIGNATURE: I []'RECOMNIENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE Q--A-PPROVE �LTIIER I SIGNATURE(S): I ACTION OF BO ON APPROVED AS COMMENDED OTHER ❑ I I I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOVF SUPERVISORS �� 1 UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: ATTESTED: BI.je JOHN CULLEN, Clerk of the Board of Supervisors and G:\GrpData\Tr,wEng\AOB\WCCTAC\BO-WCCTAC Approve Master Coop Agreement.doc Orifi.Dig:Public Works(TE) County 1 h'Administrator Contact: Brian Lrntis,313-2245 c: PW Accounting—C.Raynolds PW Eng.Srvs.--T.Torres PSV Trans.Eng.—C. Lau County Auditor/Controller By Deputy County Treasurer/Tax Collector I I I I I i i i SUBJECT: APPROVE Master Cooperative Agreement for the 2006 West Contra Costa Transportation Advisory Committee Subregional Transportation Mitigation Program; FIX Public Hearing for Adoption of Urgency and Regular Fee Ordinance; West County area. (Districts I and 11) DATE: June 13, 2006 PAGE 2 I 11. Financial Impact: i i Adoption of the ordinances will result in the collection of fees from new developments to fund subregional transportation improvements within the West Contra Costa Transportation Advisory Committee fee arca. There will be no impact to the General Fund. I III. Reasons for Recommendations and Background: I The Subregional Transportation Mitigation Program (STMP)was first adopted by the West Contra Costa Transportation Advisory Committee(WCCTAC),the Cities of El Cerrito,Hercules,Pinole,Richmond,and SanPablo,Contra Costa County,and the Contra Costa Transportation Authority(CCTA)in 1997,by way of a Cooperative Agreement and local ordinances. The program consisted of developer fees in the amount of $700 per residential unit, $560 per multi-family residential unit, and $.20 per square foot for commercial/industrial/office space. The fees charged were considerably lower than what would have been allowed by the nexus analysis. [California legislation requires, among other things, that fees on new developments bear a reasonable relationship (nexus) to the cost of the public facilities, or portion of the public facilities attributable to the developments on which the fee is imposed. California courts have long- used the reasonableness standard or nexus to evaluate the constitutionality of exactions,including developer fees.] The three projects that were partially funded in the 1997 program were: the Highway 4 West divided highway, the El Cerrito BART Parking Structure, and the Richmond Intermodal Station. i INFORMATION ON THE PROGRAM UPDATE i i The updated STMP program is a 25-year program. ABAG's Projections 2003 provided the growth projections in households and employment for West County. These statistics and standard trip generation rates from the Institute of Transportation Engineers Trip Generation Handbook allowed the consultants to estimate the total increase in peak hour trips in the morning commute period(28,571 trips). Richmond and Hercules account for more than 75 percent of the new trips. The following table shows the growth in new a.m. peak hour trips in the next 25 yiears (2005 to 2030) for the West County jurisdictions: I Richmond 58.5% Hercules 18.1% Pinole 7.80X01 El Cerrito 5.6% San Pablo 5.2%1 Rodeo-Crockett 4.8%1 i i A list of projects needed to accommodate future traffic was prepared by the WCCTAC Technical Advisory Committee(TAC). Eleven projects!are currently on the list. In general,because most projects mitigate both existing and future deficiencies,the amount of STMP funding varies from 27.5%to 50%of the project cost. The consultant team includes a finni that specializes in studying the relationship between the impacts of the new growth and the fees proposed. I i i I i I 1 I I SUBJECT: APPROVE Master Cooperative Agreement for the 2006 West Contra Costa Transportation Advisory Committee Subregional Transportation Mitigation Program; FIX Public Hearing for Adoption of Urgency and Regular Fee Ordinance; West County area. (Districts I and H) DATE: June 13, 2006 PAGE 3 i I UPDATED PROJECT LIST 1 I The eleven projects recommended by�the TAC (and the ST1 MP funding aniount) are: I 1. Richmond Intermodal Station'- $15,000,000. 2. Interchanges on I80 at San Pablo Dam Road and at Central; and on Highway 4 at Willow - $14,280,000. 3. Capital Corridor Improvements (Hercules train station and track/safety improvements) - $13,255,000. 1 4. Ferry Service from Richmond and/or Hercules/Rodeo - $12,650,000. 5. BART access and/or parking improvements - $25,330,000. 6. Bay Trail Gap Closure - $1,510,000. 7. San Pablo Dam Road Improvements in Downtown El Sobrante - $1,900,000. 8. San Pablo Avenue Corridor Improvements - $1,650,000. 9. N. Richmond Road Connection Project-$4,000,000. 10. Hercules Transit Center Relocation - $1,650,000. 11. Del Norte Area Transit Oriented Development Project—6,875,000. 1 Project numbers 6, 7, and 8 are located in the unincorporated West Contra Costa County area,which would benefit from these improvements. Specific project descriptions can be found in the attached program update. I There are a diverse range of projects represented,and many of the projects are also funded by Measure J-the renewed transportation sales tax measure in Contra Costa County. With the recent shortfall in transportation funding, the developer fees will help'to make up funding gaps. I i POTENTIAL FEES AND REVENUES I In 1997, the nexus analysis showed that WCCTAC could legally establish fees at a level (i.e. residential at $2,345 per dwelling unit) that would generate a total of $24.5 million over 13 years; however, the established fees were set lower(i.e. residential at $700 per dwelling unit) and it was anticipated that $5.1 million would be raised over the life of the program (1997 to 2010) at the reduced fee level. I If the full fees justified by the updated nexus analysis are approved by WCCTAC and the other member entities, the updated program would,generate approximately$98 million over 25 years. The proposed fees are: 1 I Single-family residential $2,595 Multi-family residential $1,648 Senior Housing I $701 per dwelling unit Hotel $1,964.per room Retail/Commercial $1.82 per square feet Office $3.51 per square feet Industrial $2.45 per square feet Storage Facility $0.53 per square feet 1 I I I i I SUBJECT: APPROVE of Master Cooperative Agreement for the 2006 West Contra Costa Transportation Advisory Committee Subregi;onal Transportation Mitigation Program; FIX Public Hearing for Adoption of Urgency and Regular Fee Ordinance; West County area. (Districts I and 11) DATE: June 13, 2006 I PAGE 4 I Church $1.58 per square feet Hospital $4.21 per square feet Other $3,507 per AM peak hour trip The above WCCTAC STMP Fees arel subject to annual adjustment. An additional administrative fee equal to 2% of the program revenue will be assessed by the County. i In order to implement the new WCCTAC STMP fee schedule, it is necessary for the County and the other member agencies to adopt new ordinances or resolutions. Staff recommends that the Board fix a pubic hearing for July 18, 2006 at 9:30 a.m. to consider the adoption of an urgency ordinance and a regular ordinance implementing the WCCTAC STMP fees. I It was determined by the Board of Supervisors at the April 11, 2006 board meeting, that the WCCTAC STMP update activity is not subject to the California Environmental Quality Act(CEQA). The Notice of Exemption was filed with the County Clerk on April 12, 2006. I I IV. Consequences of Negative Action: I Failure to fix the hearing date to consider adoption of the ordinances could delay implementation of the ordinances and result in loss of feel revenue, and would be inconsistent with the intent of the Master Cooperative Agreement, which established the WCCTAC fee program. In addition, the developer contribution for subregional improvement projects is necessary to comply with the concepts of the County's Growth Management Program which requires new growth to fund the additional infrastructure capacity required to serve that growth. The Growth Management Program became a requirement with the passage of Measure "C"which was approved by the voters in 1988. I I I I I I I I I I I I i i I I I i I I i i MASTER COOPERATIVE AGREEMENT BYAND AMONG THE CONTRA COSTA TRANSPORTATION A UTHORITY THE CITIES OF EL CERRITO, HERCULES, PINOLE, RICHMOND,AND SAN PABLO, THE COUNTY OF CONTRA COSTA i AND THE WEST CONTRA COSTA TRANSPORTA TIONAD VISOR Y COMMITTEE FOR THE 2006 SUBREGIONAL TRANSPORTATION MITIGATION FEE PROGRAM i This AGREEMENT is made and entered into as of this day of C, , 2006, by and between the Contra Costa Trarisportation Authority, a local transportation and improvement authority organized under the provisions of California Public Utilities Code Section 180000 et seq., hereinafter referred to as AUTHORITY; the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo, and the County of Contra Costa, collectively referred to herein as SPONSORS; and individually as a SPONSOR, and the West Contra Costa Transportation Advisory Committee, a Joint Exercise of Powers Agency organized pursuant to a Joint Exercise of Powers Agreement among the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa, and the transit agencies AC Transit, Bay Area Rapid Transit District, and Western Contra Costa Transit Authority, hereinafter referred to as WCCTAC. The AUTHORITY, SPONSORS, and WCCTAC shall sometimes be referred to collectively herein as the "Parties" and individually as a"Party". i i RECITALS i WHEREAS, AUTHORITY, SPONSORS, and WCCTAC, pursuant to the Contra Costa Transportation Improvement and Growth Management Expenditure Plan and Ordinance (referred to herein as "Measure C") adopted and approved by the voters in 1988, and pursuant to the extension of the transportation sales tax (referred to herein as "Measure J") adopted and approved by the voters in November 2004, hereby desire to enter into a Cooperative Agreement for transportation improvements in West Contra Costa County to be funded in whole or in part by developer fees collected under the West County Subregional Transportation Mitigation Program ("STMP"). The 2006 program (the "2006 STMP") is intended to supersede the original STMP adopted in 1997 (the."1997 STMP"). The transition from the 1997 STMP to the 2006 STMP is outlined herein. This Agreement shall terminate and supersede the prior Master Cooperative Agreement.Between Contra Costa Transportation Authority, the Cities of E1 Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa and the West Contra Costa Transportation Advisory Committee, dated September 17, 1997; and I WHEREAS, each SPONSOR by local ordinance or resolution, enacted the STMP, which levies a fee on new development to mitigate the impacts of new trips generated by that development in conformity with the Mitigation Fee Act (Gov. Code §§66000 et seq., referred to herein as the "Act"); and i WHEREAS, the 1997 STMP partially funded three projects—Highway 4 West, the El Cerrito Plaza BART Station Parking Structure, and the Richmond Intermodal Station Facilities Enhancement Program; and I i i Page 1 of 17 I i i I I I. i I WHEREAS, fees from the 2006 STMP are proposed to partially fund the following eleven regional transportation projects (collectively referred to herein as the "Projects" and individually as a"Project"): I 1. Richmond Intermodal Station (WCCTAC; Richmond Community Redevelopment Agency); I 2. Interchanges on I-80 at'San Pablo Dam Road and Central Avenue, and on Highway 4 at Willow Avenue (Authority); I 3. Capitol Corridor Improvements: Hercules Passenger Rail Station (City of Hercules) and capital improvements along the corridor(WCCTAC; Capitol Corridor Joint Powers'Authoritv); I 4. Ferry Service from Richmond and/or Hercules/Rodeo (WCCTAC; San Francisco Bay Area Water Transit Authority, Cities of Richmond and Hercules); I 5. BART Access and/or Parking Improvements (BART; WCCTAC); I 6. Bay Trail Gap Closure(WCCTAC; East Bay Regional Park District); i - 7. San Pablo Dam Road Improvements in downtown El Sobrante (Contra Costa County); I 8. San Pablo Avenue Corridor Improvements (WCCTAC Cities/Contra Costa County); I I 9. North Richmond Road Connection Project (Contra Costa County); I 10. Hercules Transit Center Relocation(City of Hercules); and 11. Del Norte Area Transit-Oriented Development Project Public Improvements (City_ of El Cerrito). I WHEREAS, the nexus findings, in conformity with Government Code section 66000 et seq. can be found in the 2006 STMP, including the"Project Nexus Discussion" for each project; and I WHEREAS, the designated lead agency.for each project in the 2006 STMP ("Project Sponsor") is listed in parenthesis in the above list (with participating agencies listed after the lead agency); and I WHEREAS, this Agreement outlines the roles and responsibilities of the Parties relative to the administrative, fiscal, and project management of the 2006 STMP projects; and I WHEREAS, WCCTAC is the primary responsible entity for the program, and will coordinate and administer the STMP expenditures, the priority for fee disbursements, and provide general management of the STMP consistent with its mission; and I i I I Page 2 of 17 i I I . I I _ i WHEREAS, WCCTAC has evaluated the components of the 2006 STMT and finds that the establishment, imposition, collection, transfer and use of development fees for the purposes and Projects described herein are necessary to mitigate traffic impacts caused by new development and authorized by all applicable legal authorities; I NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows: A. PURPOSE I The purpose of this Agreementiis to formalize the institutional arrangements for the collection, oversight, and expenditure of the 2006 STMP fees and the close out of the 1997 STMP program. I i B. CLOSE-OUT OF FEE COLLECTION AND EXPENDITURE FROM THE 1997 STMP I i Fees will no longer be collected for the Highway 4 West, the El Cerrito Plaza BART Station Parking Structure, and the Richmond Intermodal Station Facilities Enhancement Program projects as of the Effective Date. I 1. Fees collected and unspent for the Highway 4 West project shall be spent no later than December 31, 2006. I 2. Fees collected and unspent for the El Cerrito Plaza BART Station Parkin Structure project shall be spent no later than December 31, 2006; or the funds may be transferred to the Del Norte Area Transit-Oriented Development Project in the 2006 STMT for design, engineering, and/or environmental activities. i 3. Fees collected and unspent for the Richmond Intermodal Station Facilities Enhancement Program,project shall be spent no later than December 31, 2006; or the funds may be transferred to the Richmond Intennodal Station project in the 2006 STMP for design, engineering, and/or environmental activities. I C. FEES I 1. Imposition of the Fees. In order to fund the 2006 STMP, SPONSORS shall consider the adoption,jby ordinance or resolution, the following developer fees, to be payable at the time iof issuance of building permits: I LAND USE FEE Single-Fancily Residential $2,595/DU* Multi-Family Residential $1,648/DU Senior Housing I $701/DU Hotel $1,964/Room Retail $1.82/SF** Office $3.51/SF Industrial $2.45/SF I I i Page 3 of 17 i I i Storage Facility $0.53/SF Church $1.5 8/SF Hospital $4.21/SF Other $3,507 per AM peak hour trip i *DU=Dwelling Unit I **SF=Square Feet I The fees for uses not listed above shall be determined by the SPONSOR collecting the fee according to information generated by appropriate traffic studies or other means of determining traffic impacts as approved by WCCTAC, or in accordance with the Institute of Traffic Engineers (ITE) Manual. I 2. Tribal Gaming Facility Developments. I The Parties agree that al tribal gaming facility's subregional traffic impacts should be mitigated and that WCCTAC shall be included in any evaluation and determination of such impacts and their mitigation. Monies to pay for mitigation of such subregional impacts may be governed by a tribal-state compact or a tribal- local agency agreement. The collection of any such monies shall be subject to applicable state and federal law, including but not limited to the Indian Gaming -and Regulatory Act, 251 U.S.C. §§ 2701-2721. I 3. Transfer of the Fees. I No more than thirty(30) days following the close of each calendar quarter ending after the Effective Date, all STMT fee revenue collected by a SPONSOR will be transferred by the SPONSOR to the City of San Pablo with a brief Quarterly Report that describes the revenue and any fee reduction(s) granted by the SPONSOR. The City of San.Pablo shall deposit the funds into a separate interest- bearing capital facilities account for the STMP revenues to be used solely for the - purposes described herein, and in the fee resolutions or ordinances adopted by the SPONSORS pursuant to this Agreement. The revenues, including any accrued interest from the account, will be disbursed and expended only for the eleven projects identified in Section D below. I 4. Project Sponsors; Oversight Responsibilities. I i. WCCTAC is responsible for the oversight of. (1) the Richmond Intermodal Station project; (2) Ferry Service from Richmond and/or Hercules/Rodeo; (3) the Bay Trail Gap Closure project; and (4) the San Pablo Avenue(Corridor Improvements. I ii. The AUTHORITY is responsible for the oversight of the Interchanges on I-80 at San Pablo Dam Road and Central Avenue, and on Highway 4 at Willow Avenue. I I I I I Page 4of17 I I I I . I I I I iii. The City of Hercules is responsible for the oversight of the Capital Corridor Improvements at the Hercules Passenger Rail Station and the Hercules Transit Center Relocation. I IV. The San Francisco Bay Area Rapid Transit District is responsible for the oversight of BART Access and/or Parking Improvements. V. Contra Costa County is responsible for the oversight of the San Pablo Dam Road Improvements in downtown El Sobrante and the North Richmond Road Connection Project Public Improvements. I Vi. The City of El Cerrito is responsible for the oversight of the Del Norte Area Transit-Oriented Development Project. i 5. Reports. I Pursuant to Government Code section 66006(b)(1), within 150 days after the end of each fiscal year, thel City of San Pablo, in cooperation with the Project Sponsors, shall make available to the public and to SPONSORS a status report on the progress attained and costs incurred to date on each Project in the 2006 STMT, including but not limited to: i. A brief description of the type of fee in the account or fund. I ii. The amount of the fee. I Iii. The beginningl and ending balance of the account or fund. I IV. The amount of the fees collected and the interest earned. I V. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees. I vi. An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in paragraph (2) of subdivision (a) of Section 66001 of the Government Code, and the public improvement remains incomplete. vii. A descriptions of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. I I I � I Page 5of17 I I I i I viii. The amount of refunds made pursuant to subdivision.(e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001. I 6. Report Reviews. Pursuant to Government Code section 66006(b)(2), SPONSORS shall review the information contained in the report referenced in Section C.5 of this Agreement at the next regularly-scheduled public meeting not less than fifteen (15) days after this information is made available to the public. I 7. Periodic Findinizs. j I Pursuant to Government Code section 66001(d), after the fifth fiscal year following the first deposit of 2006 STMP revenues and every five (5) years thereafter, WCCTAC shall make all required findings with respect to that portion of the fee account or fund remaining unexpended, whether committed or uncommitted, held by!the City of San Pablo on its behalf. Such findings shall be made in connection with the release of public.information required by Government Code section 66006(b) and Section C.5 of this Agreement. 8. Fee Adjustments. I A provision shall be included in the fee resolutions or ordinances adopted by SPONSORS pursuant to this Agreement, requiring automatic annual fee increases or decreases, effective July 1 of each year after 2006, based on the percentage change in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the 12-month period ending with the June index of the same calendar year. i 9. Exemptions. I Developments shall be exempted from the 2006 STMP and the development fees pursuant thereto if(1) the development has obtained rights vested prior to the effective date of the applicable 2006 STMP fee ordinance or resolution, pursuant to Government Code!section 66498.1 or(ii)has entered into an agreement with a SPONSOR that expressly excludes the assessment of additional fees. I 10. Credits. I A developer may receive credit against fees for the dedication of land for right-of- way and/or construction of improvements for specific 2006 STMP projects, where such right-of-way oriconstruction is beyond that which would otherwise be required for approval of the proposed development. The calculation of the amount of credit against fees for 2006 STMP dedications or improvements shall be based upon a determination by SPONSOR that such credits are, in fact, exclusive of the dedications, setbacks, improvements, and/or traffic mitigation measures which are required by local ordinance, standards, or other practice. In addition, the credit shall be calculated based upon the actual cost of construction I I ' Page 6of17 I I I I of improvements or, inl the case of land dedication, on an independent appraisal approved by the SPONSOR. I - D. LIST OF PROJECTS I 1. Richmond Intermodal Station. Public improvements including, but not limited to: the parking garage, station building, transit center, east side improvements, lighting and real-time transit information. 2. Interchanges on I-80 at San Pablo Dam Road and Central Avenue; and on Highway 4 at Willow Avenue. Upgrade and improve the interchange at I-80/San Pablo Dam Road, including provisions for bicyclists and pedestrians; enhance operations and vehicular, bicycle, pedestrian safety in the vicinity of the interchange. Modify and realign the interchange and ramp at I-80/Central Avenue and/or other improvements to improve access to 1-80 and 1-580 from Central Avenue. Relocate and realign ramps at Willow Avenue to meet current standards for improved local access and freeway movements. I 3. Capitol Corridor Improvements. Parking, station platform, signage and plazas, rail improvements, etc., at the Hercules Passenger Rail Station and/or track improvements, drainage, fencing, safety improvements and/or other improvements along the Capitol Corridor line in-West Contra Costa County. I 4. Ferry Service to San Francisco from Richmond and/or Hercules/Rodeo. New ferry service utilizinglhigh-speed vessels and funds for capital improvements such as terminals, landsi del improvements, parking, lighting, transit feeder service, signage, etc. I 5. BART Access and/or Parking Improvements. Parking, aesthetic, and/or access improvements, station capacity improvements, sidewalks, lighting/restroom renovations, bicycle storage, expanded automatic fare collection equipment, etc. at the El Cerrito Plaza, El Cerrito Del Norte, and/or Richmond BART stations. 6. Bay Trail Gap Closure. Close gaps in the Bay Trail in West Contra Costa County, including, but not limited to the following: (1)the one-mile gap along the Richmond Parkway between Pennsylvania and Gertrude Avenues; (2) the 1.8 mile gap north of FreIIethy Boulevard to Payne Drive in Richmond; (3) the two- mile gap from Payne iDrive to Cypress Avenue in Richmond; (4) the one-mile gap from Pinole Shores to Railroad Avenue in Pinole; and (5) the 1.8 mile gap from Railroad Avenue to Parker Avenue in Hercules. I ' 7. San Pablo Dam Road Improvements in Downtown El Sobrante. Traffic calming, additional signals, pedestrian improvements, turn lanes, etc. that are identified in the Downtown El Sobrante Transportation and Land Use Plan (and subsequent documents). l I I I I . I Page 7 of 17 i I I I I 8. San Pablo Avenue Corridor Improvements. Infrastructure improvements on San Pablo Avenue through West Contra Costa County within a half-mile radius of San Pablo Avenue in either direction and/or San Pablo Avenue SMART Corridor improvements. I 9. North Richmond RoadlConnection Project. Extend Seventh Street northward to connect to an eastwardl extension of Pittsburg Avenue in North Richmond. I 10. Hercules Transit Center. Relocate and expand the Hercules Transit Center on the east side of Highway 4. I 11. Del Norte Area Transit Oriented Development Project Public Improvements. Parking facilities; bicycle, pedestrian, and/or bus transit access improvements; signage; lighting; improvements to station access or station waiting areas; improvements required under the Americans with Disabilities Act; improvements to adjacent streets, street crossings, or signals; and/or Ohlone Greenway improvements. I E. FUNDING COMMITMENTS AND ELIGIBLE COSTS I 1. Use of Fees. Fee revenues shall be available for Project costs through completion of construction. Costs include,but are not limited to, environmental clearance, conceptual planning and engineering, traffic studies, design, right-of-way acquisition, utility relocation, and costs of construction. Funding amounts are in 2005 dollars and actual funding commitments will depend upon the 2006 STMP fee revenues collected by the SPONSORS. Eligible Project costs will be determined by WCCTAC based on the cost criteria listed above and other factors consistent with applicable law, in WCCTAC's sole discretion. Project costs will be reimbursed pursuant to procedures determined by WCCTAC. Projects will be funded in accordance�with Project readiness and other factors as determined pursuant to and as reflected in a Strategic Plan to be prepared in accordance with Section F below. 2. STMP Projects and Funding. i I Project Name STMP Funding Richmond Intermodal Station $15,000,000 1-80 Interchanges at'San Pablo Dam Road and $14,280,000 Central Avenue; Interchange at Highway 4/Willow Capitol Corridor lm' rovements $13,255,000 Ferry Service from Richmond and/or Hercules/Rodeo $12,650,000 BART access and/or parking improvements $25,330,000 Bay Trail Gap Closure $1,510,000 San Pablo Dam Road Improvements in Downtown El $1,900,000 I I Page 8 of 17 I I i • 1 1 Sobrante San Pablo Avenue Corridor Improvements $1,650,000 North Richmond Road Connection Project $4,000,000 Hercules Transit Center Relocation $1,650,000 Del Norte Area Transit Oriented Development $6,875,000 I F. PROJECT IMPLEMENTATION SCHEDULE Subject to environmental clearance, right of way acquisition and dedication, utility relocation, and other factors (the timing of which may be beyond the control of AUTHORITY, SPONSORS, and/or WCCTAC), and subject to the availability of regional fee and other funding sources as may be required, the following implementation guidelines shall apply to projects in the 2006 STMP: 1. No later than nine months following the date of this Agreement, WCCTAC shall adopt a Strategic Plan(that determines the full Project scope and description, prioritization, and implementation of the 2006 STMP Projects. 1 2. The Strategic Plan shall take into account the following: Project readiness; the availability of full funding, including funds from sources other than STMP fees; the status of pre-construction activities (planning, design, engineering, environmental); right-',of--way clearance; community support for the Project; Project need; etc. I I G. ADMINISTRATIVE OVERSIGHT AND COST RECOVERY 1. The following parties shall be entitled to recover the following costs and expenses: i. City of San Pablo. The City of San Pablo is entitled to recovery of reasonable administrative costs and expenses actually incurred, not to exceed 1% of!the STMP fee revenues disbursed under this Agreement during each quarterly period, to provide 2006 STMP financial and accounting services, including but not limited to serving as the repository of the STMP fee revenues and other funds collected under this Agreement and preparation of quarterly reports with the amount of fee revenues collected and'the distribution of fees to the Projects. I Ji. WCCTAC. WCCTAC is entitled to recovery of reasonable administrative costs and expenses actually incurred, not to exceed 2% of the STMP fees disbursed under this Agreement during each quarterly period to provide the 2006 STMP services relating to or incurred in the performance of the following duties: coordination, administration and oversight of Project expenditures;determination of the priority of fee disbursements; provision of general management of the Projects; andpreparation of the Strategic Plan for the 2006 STMP. I I 1 I Page 9 of 17 I I i I Ili. Project Sponsors. For each Project over which a Project Sponsor has responsibility for administrative oversight, a Project Sponsor is entitled to recovery of reasonable administrative costs and expenses actually incurred, not tol exceed 2% of the STMP fees disbursed under this Agreement during each quarterly period to provide the 2006 STMP services relating to or incurred in the performance of the following duties: provision of Project oversight and contract management. . I H. TERM The term of this Agreement shall commence on H , 2006, (the "Effective Date") and shall terminate on December 31, 2036, unless terminated earlier in accordance with the terms of this Agreement. I I. TERMINATION This Agreement will remain in effect until the termination date stated in Section H. above, unless terminated earlier by written agreement of the Parties. However, in no event shall the Parties to this Agreement terminate this Agreement if such a termination would conflict with, cause a default under or otherwise violate the terms or conditions of any revenue bonds. I J. INDEMNIFICATION I 1. AUTHORITY shall defend, indemnify,.save and hold harmless WCCTAC; the cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo; and the County of Contra Costa and their officers, agents and employees from any and all claims, costs and liability arising out of.or in connection with any act or failure to act under this Agreement, or breach of any term of this Agreement, by AUTHORITY, except to the extent such claims, costs or liability arise from the negligence of WCCTAC, El Cerrito, Hercules, Pinole, Richmond, San Pablo, Contra Costa County lor their officers, agents or employees. I 2. WCCTAC shall defend, indemnify, save and hold harmless AUTHORITY; the Cities of El Cerrito, Hercules, Pinole, Richmond and San Pablo; and the County of Contra Costa and their officers, agents and employees from any and all claims, costs and liability arising out of or in connection with an act or failure to act under this Agreement, or breach of any term of this Agreement,by WCCTAC, except to the extent such claims, costs or liability arise from the negligence of AUTHORITY, El Cerrito, Hercules, Pinole, Richmond, San Pablo, Contra Costa County or their officers, agents or employees. I 3. El Cerrito shall defend, indemnify, save and hold harmless AUTHORITY.- WCCTAC; UTHORITY;WCCTAC; the cities of Hercules, Pinole, Richmond and San Pablo; and the County of Contra Costa; and their officers, agents and employees from any and all claims, costs and liability arising out of or in connection with any act or failure to act under this Agreement, or breach of any term of this Agreement, by El Cerrito, except to the extent such claims, costs or liability arise from the negligence of I I Page 10 of 17 I I i i AUTHORITY, WCCTAC, Hercules, Pinole, Richmond, San Pablo, Contra Costa County or their officers, agents or employees. 4. Hercules shall defend, indemnify, save and hold harmless AUTHORITY, WCCTAC; the cities of El Cerrito, Pinole, Richmond and San Pablo; and the County of Contra Costa and their officers, agents and employees from any and all claims, costs and liability arising out of or in connection with any act or failure to act under this Agreement, or breach of any term of this Agreement, by Hercules, except to the extent such claims, costs or liability arise from the negligence of AUTHORITY, WCCTAC, El Cerrito, Pinole, Richmond, San Pablo, Contra Costa County or their officers, agents or employees. 5. Pinole shall defend, indemnify, save and hold harmless AUTHORITY; WCCTAC; the cities of El Cerrito., Hercules, Richmond and San Pablo; and the County of Contra Costa and their officers, agents and employees from any and all claims, costs and liability arising out of or in connection with any act or failure to act under this Agreement, or breach of any term of this Agreement, by Pinole, except to the extent such claims, costs or liability arise from the negligence of AUTHORITY, WCCTAC, El Cerrito, Hercules, Richmond, San Pablo, Contra Costa County or their officers, agents or employees. 6. Richmond shall defend, indemnify, save and.hold harmless AUTHORITY; WCCTAC; the cities of El Cerrito, Hercules, Pinole and San Pablo; and the County of Contra Costa and their officers, agents and employees from any and all claims, costs and liability arising out of or in connection with any act or failure to act under this Agreement; or breach of any term of this Agreement, by Richmond, except to the extent such claims, costs or liability arise from the negligence of AUTHORITY, WCCTAC, El Cerrito, Hercules, Pinole, San Pablo, Contra Costa County.or their officers, agents or employees. 7. San Pablo shall defend, indemnify, save and hold harmless AUTHORITY; WCCTAC; the cities of El Cerrito, Hercules, Pinole and Richmond; and the County of Contra Costa and their officers, agents and employees from any and all claims, costs and liability arising out of or in connection with any act or failure to act under this Agreement, or breach of any term of this Agreement, by.San Pablo, except to the extent such claims, costs or liability arise from the negligence of AUTHORITY, WCCTAC, El Cerrito,Hercules, Pinole, Richmond, Contra Costa County or their officers, agents or employees. 8. Contra Costa Countyi shall defend, indemnify, save and hold harmless AUTHORITY; WCCTAC; the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo and their officers, agents or employees from any and all claims costs and liability arising out of or in connection with any act or failure to act under this Agreement, or breach of any term of this Agreement; by Contra Costa County, except to the extent such claims, costs or liability arise from the negligence of AUTHORITY, WCCTAC, El Cerrito, Hercules, Pinole, Richmond, San Pablo, or their officers, agents or employees. I Page 11 of 17 I - I l I i 9. WCCTAC agrees to the fullest extent legally permitted to defend, indemnify and hold harmless the Parties from any liability, loss, costs, and claims related to the adoption or implementation of the 2006 STMP. WCCTAC will pay any and all legal costs incurred by any SPONSOR in any legal proceeding brought to collect a fee, where the defense of such lawsuit raises the issue of the constitutionality or legality of the fee. I K. PRIMACY OF THE DOCUMENTS If a dispute arises, the terms of this Agreement shall take precedence over the WCCTAC Joint Exercise of Powers Agreement ("JEPA") and/or the model Ordinance Establishing the West Contra Costa Subregional Transportation Mitigation Program ("Ordinance"). I L. ALTERNATIVE DISPUTE IRESOLUTION I 1. In General. This Paragraph L. establishes the exclusive process by which disputes between or among the IParties to this Agreement concerning or relating to this Agreement shall be resolved. The dispute resolution process established herein shall apply to disputes related to the interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement. -Disputes that are not alleged to relate to,the interpretation of, or compliance with, this Agreement are not subject to this dispute resolution process. 2. Informal Conferral. If a dispute arises as described above in Paragraph L.1 ., the parties to the dispute (the "Disputing Parties") will first attempt to resolve it through informal discussions, which may include designated representatives of the staff of WCCTAC, AUTHORITY and SPONSORS, at their discretion. Disputing Parties willl advise the other Parties of the existence of a dispute and coordinate the date, tifne and location of informal conferral. 3. Mediation. In the event a dispute cannot be resolved through informal conferral within twenty-one (21) calendar days, the aggrieved Disputing Party, acting through its goveminglbody, shall give written notice to all other Parties to this Agreement, setting forth the nature of and basis for the dispute and facts demonstrating that such Disputing Party is materially and adversely affected thereby. The Disputing Parties, acting through their designated representatives, including counsel, shall endeavor to settle the dispute by mediation. The Disputing Parties shall select a neutral third party with expertise in land use matters to mediate the dispute. The other Parties may, but are not required to, participate in the mediation. 4. Judicial Review. The dispute resolution process described above shall be undertaken in good faith and exhausted prior to resort to judicial review; provided, however, that by agreeing to this dispute resolution process, no Party hereby loses or waives its right to sue under any applicable statute of limitations or loses or waives its!right to assert the operation of any applicable.statute of limitations as an affirmative defense. In the event that an applicable statute of . I I j Page 12 of 17 i I i limitations would run during the pendency of the dispute resolution process described above, the Disputing Parties shall agree in writing to toll such statute of limitations for such period as may reasonably be necessary to complete the dispute resolution process,but in no event shall such statute of limitations be tolled for more than ninety(90) calendar days. 5. Conduct of Judicial Review. Should any Party to this Agreement ultimately seek judicial review of a dispute concerning or relating to the implementation, interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement, all Parties will submit to the jurisdiction of a court of competent jurisdiction; provided, however, that the Parties shall cooperate in seeking the appointment of a neutral Judge as defined in California Code of Civil Procedure section 394 to sit in Contra Costa County Superior Court, to preside over any such dispute. 6. Equitable Relief. Because the amount of damages in the event of a breach of this Agreement may be difficult or impossible to determine, the obligations of the Parties to this Agreement shall be enforceable by specific performance or other equitable relief, in addition to any other available remedy. I M. NOTICES Any notices which may be required under this Agreement shall be in writing, shall be effective upon receipt, and shall be given by personal service, by certified or registered mail, or by U.S. mail, to the City Clerks.of the cities of El Cerrito, Hercules, Pinole, Richmond, and San Pablo; to the Board Clerk for the County of Contra Costa; and to the Executive Director of the AUTHORITY, and to the individuals and addresses set forth below, or to such other addresses which may be specified in writing to the Parties. To WCCTAC: To City of El Cerrito: 13831 San Pablo Avenue 10890 San Pablo Avenue San Pablo, CA 94806 El Cerrito, CA 94530 Attn: Managing Director Attn: City Clerk To City of Hercules: To City of Pinole: 111 Civic Drive 2131 Pear Street Hercules, CA 94574 Pinole, CA 94564 Attn: City Clerk Attn: City Clerk To City of Richmond: To City of San Pablo: 1401 Marina Way South 13831 San Pablo Avenue Richmond, CA 94804 San Pablo, CA 94806 Attn: City Clerk Attn: City Clerk I j I Page 13 of 17 I I i To County of Contra Costa: To the AUTHORITY: 651 Pine Street, 1"Floor 3478 Buskirk Avenue, Suite 100 Martinez, CA 945531 Pleasant Hill, CA 94523 Attn: Clerk of the Board of Supervisors Attn: Executive Director I I N. ADDITIONAL ACTS AND DOCUMENTS I Each Party agrees to do all such things and take all such actions, and to make, execute and deliver such other documents and instruments, as shall be reasonably requested to carry out the provisions, intent, and purpose of the Agreement. I O. INTEGRATION 1 Except with respect to matters provided for in the JEPA and/or the Ordinance and subject to the primacy of this Agreement as provided in Paragraph K hereto, this Agreement represents the entire Agreement of the parties with respect to the subject matter hereof. No representation, warranties; inducements, or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. P. AMENDMENT 1 I This Agreement may not be changed,modified, or rescinded except in a written instrument signed by all of the Parties. Any attempt at oral modification of this Agreement shall be void and f no effect. i Q. INDEPENDENT AGENCIES I 1. None of the agents ort employees of the City of San Pablo shall be considered agents or employees of the AUTHORITY, or the other SPONSORS. I 2. None of the other SPONSORS- agents or employees shall be.considered agents or employees of the City of San Pablo. I 3. None of the AUTHORITY's agents or employees shall be considered agents or employees of the City of San Pablo. R. ASSIGNMENT The Agreement, and the rights, duties, and obligations of a Party hereunder, may not be assigned, transferred, hypothecated, or pledged by any Party without the express written consent of the other parties. I I I I Page 14 of 17 I I S. BINDING ON SUCCESSORS, ETC. The Agreement shall be binding upon the successor(s), assignee(s), or transferee(s) of the AUTHORITY, the SPONSORS, or WCCTAC as the case may be. This provision shall not be construed as an authorization to assign, transfer,hypothecate, or pledge this Agreement other than as provided above. T. SEVERABILITY Should any part of this Agreement be determined to be unenforceable, invalid, or beyond the authority of any Party to enter into or carry out, such determination shall not affect . the validity of the remainder of this Agreement which shall continue in full force and effect; provided that, the remainder of this Agreement can, absent the excised portion, be reasonably interpreted to give effect to the intentions of the parties. U. HEADINGS; RECITALS The headings of sections, paragraphs and subparagraphs of this Agreement are included for convenience only and shall not be deemed to constitute part of this Agreement or to affect its construction. The recitals are intended to be, and shall be deemed to constitute, part of this Agreement. V. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed and attested by their respective officers, duly authorized so to act, as of the date set forth in the first paragraph of this Agreement. City of Pinole City of San Pablo Mayor Mayor ATTEST: ATTEST:. City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney Page 15 of 17 County of Contra Costa West Contra Costa Transportation Advisory Committee. . By: Chair, B o Supervisors Chair ATTES : John Cullen, Clerk of the Board of ATTEST: Supervisors and County Administrator By- Secretary Deputy APPROVED AS TO FORM: APPROVED AS TO FORM: Silvano B. Marchesi County Counsel Legal Counsel By: Deputy Contra Costa Transportation Authority City of El Cerrito Chair Mayor ATTEST: Executive Director Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: Authority Legal Counsel City Attorney City of Hercules City of Richmond Mayor Mayor ATTEST: ATTEST: I City Clerk I City Clerk Page 16 of 17 APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney i 828055v9;812.003 i Page 17 of 17 J 2005 Update of the Subregional Transportation Mitigation; Program (STMP) For the West Contra Costa Transportation Advisory Committee (WCCTAC) May 5, 2006 Prepared by: . TJ KM Transportation;Consultants 5960 Inglewood Drive, Suite 100 Pleasanton CA 94588-8535 Tel: 925.463.0611 Fax: 925.463.3690 i 2005 STMP Update for WCCTAC Page 1 of 20 TJKM Transportation Consultants May 5, 2006 TABLE OF CONTENTS CHAPTER 1. INTRODUCTION AND SUMMARY......................................................................................4 INTRODUCTION..................................................................................................................................................4 SUMMARY...........................................................................................................................................................4 Chapter 2—Expected Growth In Households,Employment and Peak Hour Trips.................................. 4 Chapter 3—Project List and Priorities................................................................................................... 5 Chapter 4—STMP Previous Colle&ions and Potential Yield From 2005 Update..................................... 5 Chapter 5—Program Costs and Fee Calculation....................................................................................... 5 Chapter6—Nexus Findings........................................................................................................................ 5 CHAPTER 2. EXPECTED GROWTH IN HOUSEHOLDS,EMPLOMENT AND PEAK HOUR TRIPS INTHE WCCTAC AREA...................................................................................................................................7 HOUSEHOLDGROWTH................................................................................................. ..........................*........... 7 EMPLOYMENTGROWTH......................I...............................................................................................................7 TRIPGENERATION ............................................................................................................................................. 8 CHAPTER 3. SELECTION AND COST OF PROJECTS........................................................................... 10 PROJECT DESCRIPTIONS......................I.............................................................................................................. 10 1. Richmond Intermodal Station.i............................................................................................................. 10 2. Interchanges on 1-80 at San Pal blo Dam Road and Central Avenue and on Highway 4 at Willow— I I 3. Capitol Corridor......................i I............................................................................................................. 12 4. Ferry Service to San Francisco from Richmond and/or Hercules/Rodeo........................................... 12 5. BART Access and/or Parking Improvements..................................................................................... 12 6. Bay Trail Gap Closure............b...............................................................................................................13 7. San Pablo Dam Road Improvementsi in Downtown El Sobrante........................................................ 13 8. San Pablo Avenue Corridor Improvements....................................................I..................................... 13 9. North Richmond Road Connection Project......................................................................................... 14 10. Hercules Transit Center...................................................................................................................... 14 11.Del Norte Area Transit Oriented Development project(public improvements)................................. 15 CHAPTER 4. STMP PREVIOUS COLLECTIONS AND 2005 UPDATE POTENTIAL FEE REVENUES.......................................................................................................................................................16 COLLECTIONS To DATE.....................I .............................................................................................................. 16 POTENTIAL FEE REVENUES FROM 2005 UPDATE............................................................................................... 16. CHAPTER 5. PROGRAM COSTS AND FEE CALCULATION................................................................ 17 UPDATED COST PER TRIP ESTIMATE.I............................................................................................................... 17 OTHER FACTORS IN STMP UPDATE) ......­­'­­­—*................ 18 CHAPTER 6. NEXUS FINDINGS.................................................................................................................. 19 CHAPTER 7. STUDY PARTICIPANTS.......................................................................................................20 TJKM TRANSPORTATION CONSULTANTS PERSONNEL.......................:*....... .........****'****"*20 THEREED GROUP..............................I................................................................................................ .............. 20 PERSONs/AGENCIESCONSULTr-DIWCCTAC --TACMEMBER.S...................................................................... 20 2005 STMP Update-for WCCTAC Page 2 of 20 TJKM Transportation Consultants May.5, 2006 l LIST.OF TABLES i TABLE I:HOUSEHOLD GROWTH IN WEST CONTRA COSTA COUNTY-2005 TO 2030.............................................7 TABLE II:EMPLOYMENT GROWTH IN WEST CONTRA COSTA COUNTY-2005 TO 2030......................................... 8 TABLE III:NEW A.M.PEAK HOUR TRIPS:IN WEST CONTRA COSTA COUNTY-2005 TO 2030............................... 9 TABLE IV:STMP PROJECTS AND AVAILABLE FUNDING...................................................................................... 10 TABLE V:DISTRIBUTION OF FUNDS RECEIVED TO DATE...................................................................................... 16 TABLE VI:2005 COST PER TRIP ESTIMATE.....................:.................................................................................... 17 TABLE VII:2005 RECOMMENDED STMPIRATES AND FEES AND FEES................................................................. 18 i i I I 2005 STMP Update for WCCTAC Page 3 of 20 TJKM Transportation Consultants May 5, 2006 CHAPTER 1. INTRODUCTION AND SUMMARY Introduction This analysis provides the technical basis for establishing the required nexus between anticipated future development in West Contra Costa County and the need for certain local and regional transportation facilities. The specific tasks performed in preparing this analysis and their results are summarized below. The West Contra Costa Transportation Advisory Committee's (WCCTAC) Subregional Transportation Mitigation Program(STMP)was established in 1997. This is the first update of the STMP program to ensure that the various aspects.of the program reflect current conditions. For.the 2005 STMP update,WCCTAC retained a team led by TJKM Transportation Consultants to update technical aspects of the program. The 2005 STMP update includes an updated project list with cost estimates for all improvement projects to be potentially funded by STMP fees. This report presents the results of the efforts of the.project team to update the WCCTAC STMP. This update effort involved the major tasks described below. 1. The amount of new development that will occur in the WCCTAC area between 2005 and 2030 was determined. 2. A new estimate was.prepared of the trip generation that will result from development of the expected future land uses within the WCCTAC area. Trip generation rates from the Institute of Transportation Engineers(ITE)publication Trip Generation were utilized. 3. Future deficiencies on the transportation network were determined based on findings of the staff of WCCTAC, its member agencies, and the consultant team. 4. A list of projects needed to accommodate future traffic was determined. 5. Updated traffic improvement project cost estimates were prepared which reflect the latest concept designs for the projects and the latest completion status of the various projects. 6. An updated cost per trip was calculated along with the corresponding updated STMP schedule of fees. 7. A reasonable relationship between the impacts of the new growth and the fees proposed in the STMP was ascertained. State law requires that there must be a roughly proportional benefit from the proposed fees to the projects supplying the funds. Summary Chapter 2—Expected Growth In Households, Employment and Peak Hour Trips According to ABAG's Projections 2003,the overall estimated growth in the WCCTAC area is estimated at 17,910 households(a 20.3 percent increase in 25 years) and 28,810 jobs (an increase of over 35 percent). Using standard available trip generation rates,the total increase in peak hour trips in the a.m. period is expected to be 28,571. Richmond and Hercules account for over 75 percent of the new trips. 2005 STMP Update for WCCTAC Page 4 of 20 TJKM Transportation Consultants May 5, 2006 - -Chapter-3—Project list and Priorities-- -- — — - The recommended list of new transportation improvements to serve the WCCTAC area was developed by the WCCTAC Technical Advisory Committee and the consultants. The WCCTAC Board reviewed a preliminary list of projects in August 2004.The recommend list of new projects is shown below. Costs and details of the individual projects are described in Chapter 3 of this report. 1. Richmond Intermodal Station 2. Interchanges on I-80 at San Pablo Dam Road and at Central and on Highway 4 at Willow Avenue i 3. Capitol Corridor capital and/pr operational improvements 4. Ferry service from Richmond and/or Hercules/Rodeo 5. BART access and/or parking improvements 6. Bay Trail Gap Closure 7. San Pablo Dam Road improvements in downtown El Sobrante 8. San Pablo Avenue Corridor Improvements 9. N. Richmond road connection project 10. Hercules Transit Center relocation 11. Del Norte Area Transit Oriented Development project(public improvements) i The 11 projects have a total cost of$371 million. Of this amount, approximately$273 million is anticipated to be funded by other sources or does not satisfy nexus requirements, leaving $98 million for funding by the updated 2005 STP. Chapter 4-STMP Previous Collections and Potential Yield From 2005 Update The existing STMP was adopted in 1997. A total of near $2.942 million has been collected to date, or about$39,200 per month. Most of the funds collected have been spent on the Richmond Intermodal project and the Highway 4 West Project. The 1997 Nexus Analysis indicated that$24.5 million could be collected for the next 13 years if the maximum fee amounts were adopted,but WCCTAC adopted a fee that was lower by approximately 80 percent so that$5.1 million was the expected yield. The adopted rates amount to about$4401per peak hour trip,instead of the $2,100 indicated by the nexus study. If these same rates were applied to the expected growth in the next 25 years, the yield would be $12.6 million with the lower rate's and$60.0 million with the full rates. I Chapter 5-Program Costs and Fele Calculation In updating the cost per trip, the total costs of all proposed projects were determined and the outside funding and non-eligible costs were subtracted to yield a total amount to be included in the program. The program amount is $101,043,000, and when divided by the amount of peak hour trips generated. by the new development, 28,810, the 2005 STMP cost per trip is $3,507 if all projects were to be fully funded.. This figure is about 6percent more than the $2,100 cost per trip determined in 1997. A rate schedule is recommended to fund this full amount. However,WCCTAC may choose to provide only partial funding of the project list. In 1997,the final fees were set to cover about 20 percent of the recommended program. Chapter 6-Nexus Findings California legislation requires that charges on new developments bear a reasonable relationship to the needs created by, and the benefits accruing to that development. California courts have long used that . reasonableness standard or nexus to test to evaluate the constitutionality of exactions, including 2005 STMP Update for WCCTAC Page 5 of 20 TJKM Transportation Consultants May 5, 2006 - .--------development-fees--Based-on the-analysis-included-in-the body-of this reportit-can b-e concluded-that-------- - the future development and the need for their associated improvements meet or exceed the basic requirements set forth in Government Code sections beginning with 66000 to govern development fees. Of the$371 million worth of needed,improvements identified in this analysis, over$121 million in outside funding sources have been ientified. These outside sources primarily include Contra Costa County Measure J, which is the extension of the one-half percent sales tax levied for transportation improvements. Measure J, which is intended to fund improvements which will correct both existing and future deficiencies, is a partner to the STMP extension,which by law must only fund future transportation deficiencies associated with new development. Measure J was approved by Contra Costa County voters in the general election on November 2,2004. Of the total deficiencies identified in the 11 proposed STMP projects, only about 27 percent of the funding comes from the STMP. Over $150 million worth of costs of the 11 projects fails to satisfy the nexus requirements and was not included in the program. The methodology of this report ensured that only the portion of the projects included in the STMP project list is necessitated by the growth in traffic between 2005 conditions and 2030 conditions. Thus,there is a reasonable relationship between the proposed use of the STMP and the proposed land use development projects on which the fee will be imposed. In the same manner there is a reasonable relationship between the need for facilities included in the STMP and the proposed land use development projects. 2005 STMP Update for WCCTAC : Page 6 of 20 TJKM Transportation Consultants May 5, 2006 CHAPTER 2. EXPECTED GROWTH IN HOUSEHOLDS, EMPLOMENT AND PEAK HOUR TRIPS IN THE WCCTAC AREA i Household Growth ABAG's Projections 2003 was used to determine the residential and employment growth in the West County area between 2005 and 2030 The growth in households for the WCCTAC area is shown in Table I. The overall residential growth for the area is estimated at 17,910 households,representing a 20.3 percent increase for the 25 year period. Richmond is projected to have about 61 percent of the residential growth, and Hercules is anticipated to have nearly 19'percent of the growth. Hercules.will be the fastest growing area, with a 50 percent increase in households in the 25-year period. TABLE I:HOUSEHOLD GROWTH IN WEST CONTRA COSTA COUNTY—2005 To 2030 Households 2005 2030 Growth Share of Rate of Growth % Growth EI Cerrito 13,160 1 13,650 490 2.7 3.7 Hercules 6,860 1 10,270 3,410 19.0 49.7. Pinole 10,700 1 12,500 1 1,800 10.1 16.8 Richmond 43,640 1 54,590 10,950 61.1 25.1 Rodeo-Crockett 4,520 1 4,680 160 0.9 13.3 San Pablo 9,170 1 10,270 1,100 6.2 3.5 Totals 88,050 1 105,960 17,910 100.0 20.3 Note: Forecasts are for each city's Sphere of Influence(S01)except for the Rodeo-Crockett unincorporated area. Kensington is included in the EI Cerrito S01,Montalvin Manor and Tara Hills are in the Pinole SOI, N. Richmond and EI Sobrante are in the Richmond S01,and Rollingwood is in the San Pablo SOI. Source: ABAG Projections 20031 Employment Growth Employment is expected to grow more rapidly than residential development. A growth of over 35 percent is forecast by ABAG for the WCCTAC area,representing an actual job growth of nearly 29,000 positions. Richmond will account for 57 percent of the job growth, with Hercules accounting for about 18 percent. Hercules job growth rates are nearly 150 percent, while El Cerrito,Pinole and Richmond are expected to register growth of around 30 percent. The Crockett-Rodeo unincorporated area is expected to grow by nearly 60 percent.Table II summarizes the anticipated employment growth in the WCCTAC area. 2005 STMP Update for WCCTAC Page 7 of 20 TJKM Transportation Consultants I May 5, 2006 TABLE II:EMPLOYMENT GROWTH IN WEST CONTRA COSTA COUNTY—2005 TO 2030 Employment 2005 2030 Growth Share of Rate of. Growth % Growth EI Cerrito 8,170 10,300 2,130 7.4 26.1 Hercules 3,430 8,490 5,060 17.6 147.5 Pinole 6,110 7,920 1,810 6.3 29.6 Richmond 52,390 68,750 16,360 56.8 31.2 Rodeo-Crockett 3,590 5,730 2,140 7.4 59.6 San Pablo 8,460 9,770. 1,310 4.5 15.5 Totals 82,150 110,960 28,810 100.0 35.1 Note: Forecasts are for each city's Sphere of Influence except for the Rodeo-Crockett unincorporated area. See Table I note for details. Source: ABA Projections 2003 The anticipated growth in households and employment in the WCCTAC area will result in new peak hour trips on the transportation network. These are described in the next section. Trip Generation In order to determine the amount of traffic that is associated with the expected new development in the west county area, TJKM applied trip generation rates to the components of the new growth. As in the original STMP,the 2005 update relies on the a.m.peak hour commute period as the primary analysis period. The a.m. peak hour;period is used in order to not overburden the application of the traffic fees on retail development. While residential uses and most employment based land uses such as offices and business parks have similar a.m. and p.m.peak hour trip rates,retail uses typically are three to four times as heavy in the p.m. period as the a.m. period.Use of the a.m.rates for all uses tends to spread the fee application more uniformly. As noted above,there is expected to be a total of 17,910 new households in the WCCTAC area over a 25-year period. Since some of these households will be in multiple family dwelling units and some will be in single-family dwelling units,TJKM assumed an average of the trip generation rates for the two residential land use types. The;average a.m. trip rate of 0.63 trips per dwelling unit was applied to the total number of households to yield a total of 11,285 new residential-based trips. For non-residential uses, a trip rate ithat is based on numbers of employees, and is representative of various uses such as offices,business parks,manufacturing and retail uses in the a.m. period, was selected. The rate selected was 0.60 trips per employee. When that number is applied to the 28,810 growth in employment over the 25 year period,the number of new a.m. peak hour trips generated by these uses totals 17,286 trips. These figures are shown in Table III. The table shows the total of the new a.m.trips from both residential and non-residential growth, 28,571, and also shows the amount of the new trips that are allocated to each of the WCCTAC agencies. Richmond growth is expected to generate about 59 percent of the new trips, Hercules about 18 percent and the other areas generally between about 5 and 10 percent. The contributions of other agencies are shown in the table below. 2005 STMP Update for WCCTAC Page 8 of 20 TJKM Transportation Consultants ' May 5, 2006 — — - --T-ABL-E-11-I:-NEW A M,PEAK-HOUR-T-RIPS-IN-WEST CONTRA-COSTA COUNTY-2005-To-2 03 0-- -— ---- ---- New Peak Hour Trips. Share of From From Total Total Households' Em to menti Tris % rElCerrito 309 1,278 1,587 5.6 es 2,149 3,036 5,185 18.1 Pinole 1,134 1,086 2,220 7.8 Richmond 6,899 9,816 16,715 58.5 Rodeo-Crockett 1101 .1,284 1,385 4.8 . San Pablo 1693 786 1,479 5.2 Totals 1 11,285 1 17,286 1 28,571 1 100.0 Source:TAM Growth in households from Table 1 multiplied by 0.63,the average a.m.peak hour trip rate for single-family and multi-family dwelling units. The Institute of Transportation Engineers Trip Generation,2003 Edition,is the source of this information. 2Growth in employment from Table 2 multiplied by 0.60,a representative a.m.peak hour trip rate for employment uses. The amount of new trips is used in the calculation of the 2005 STMP update cost per a.m. peak hour trip, as described in subsequent chapters of this report. 2005 STMP Update for WCCTAC Page 9 of 20 TJKM Transportation Consultants May 5, 2006 I CHAPTER 1, SELECTION AND COST OF PROJECTS i The recommended list of projects to Ibe included in the updated STMP is shown in Table N below. The projects are described in greaterdetail in the remaining portions of this chapter. TABLE IV: STMP PROJECTS AND AVAILABLE FUNDING Project. T6tal Cost Measure J Other Unfunded Recommended Funds Amount STMP 1.Richmond Intermodal station $36,000,000 $21,000,000 $15,000,000 $15,000,000 2.Interchanges on 1-80 at San Pablo Dam Road and at 46,200,000 30,000,000 16,200,000 14,280,000 Central and on Highway.4 at Willow Avenue. 3.Capital Corridor 48,200,000 7,500,000 3,000,000 37,700,000 13,255,000 Improvements 4.Ferry service from Richmond 91,000,000 45,000,000 46,000,000 12,650,000 and/or Hercules/Rodeo 5.BART access and/or parking 92,100,000 15,000,000 77,100,000 25,330,000 improvements 6.Bay Trail Gap Closure 5,490,000 348,000 5,142,000 1,510,000 7.San Pablo Dam Road improvements in downtown EI 6,900,000 6,900,000 1,900,000 Sobrante 8.San Pablo Avenue Corridor ,6,000,000 6,000,000 1,650,000 Improvements 9.N.Richmond road connection 7,950,000 7,950,000 4,000,000 . :..:.. ..,project.... . 10.Hercules Transit Center 6,000,000 6,000,000 1,650,000 relocation 11.Del Norte Area TOD 125,000,000 25,000,000 6,875,000 STMP Totals $370,840,000 $97,500,000 $24,348,000 $248,992,000 $98,100,OOD I Project Descriptions 1. Riehmonnd Intermodal Station: The Richmond Intermodal Station/Transit Village is located in downtown Richmond. Other public improvements(e.g. the center platform)have already been completed using state/federal/local funds (approximately $22,000,000). The transit village is under construction and the housing on the west side is more than halfway complete. Funding is needed to complete the following public 2005 STMP Update for WCCTAC Page Ill of 20 TJKM Transportation Consultants May 5, 2006 - improvements:-parking-garage,-station-building,-the-transit-center,-and public-improvements on-the— - - east side of the station. Cost: $36,000,000 Other Potential Funding Source(s): Private developer contributions, state/federal transportation funds and Measure J. Project Nexus Discussion: The total cost of this project is $36 million, of which approximately$21 million is funded by various sources.Although in the WCCTAC area only 27.5 percent of future traffic(see Chapter 6 for a detailed finding) is based on 25-year growth, in this case the project was previously justified(in 1997)based mainly on future.deficiencies. However, only an estimated 40 percent of the project is justified by i irtue of serving transportation demands of future growth. Thus, $15 million of the total cost of$36 million is included in the STMP. STMP Funding: $15,000,000 2. Interchanges on I-80 at San Pablo Dan:Road and Central Avenue and on Highway 4 at Willow I-80/San Pablo Dam Road-Upgrade and improve the interchange including provisions for bicyclists and pedestrians. The project will enhance operations and vehicular,bicycle,pedestrian . safety in the vicinity of the interchange. Cost: $16.7 million I-80/Central Avenue-Modify and realign the interchange and ramp at Central Avenue. Cost: $22.5 million I-80/SR4 Interchange at Willow Avenue-Relocate and realign ramps at Willow Avenue to meet current standards for improved local access and freeway movements. Cost: $3.0 million to $7.0 million Potential funding source(s): Measure J ($30 million); City of Hercules Redevelopment Agency; private developer contributions; state/federal transportation funds. Project Nexus Discussion: Improvements to the three interchanges have an estimated total cost of $46,200,000. However, two of the I interchanges-the I-80 interchanges with San Pablo Dam Road and with Central Avenue-are currently deficient and only 27.5 percent(25-year traffic growth within the WCCTAC area) of their,improvement costs can be assigned to the STMP. On the other hand, the need for the Willow Avenue interchange improvements is based in large part on future growth in the Hercules area. In this case, 50 percent of the costs are assigned to the STMP. The breakdown of the $14.28 million STMP assignment is$10.78 million for.the two 1-80 interchanges and $3.5 million for the Willow Avenue interchange. STMP Funding: $14,280,000 2005 STMP Update for WCCTAC Page 11 of 20 TJKM Transportation Consultants May 5, 2006 - - 3.-_Capitol Corridor _...._. . --.... ..-----........----- -- -- - - ----- ----- Hercules Passen,ger Rail Station-Hercules passenger rail station(including parking, station platform, signage and plazas,rail improvemerits, etc.). Capital improvements along the corridor in West Contra Costa(track improvements, drainage, fencing, safety improvements; etc.) Cost: $28.2 million for Hercules passenger rail station and $20 million for capital improvements. Potential Funding Sources: Measure J ($7.5 million for the station); $3 million TCRP funds(station),- state/federal station);state/federal transportation funds. Project Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. Accordingly, 25-year traffic growth increase within the WCCTAC area,27.5 percent, has been applied to the total project cost.of $48.2 million to result in a STMP allocation of$13.3 million. STMP Funding: $13,255,000 4. Ferry Service to San Francisco from Richmond and/or Hercules/Rodeo New ferry service to San Francisco from Richmond and/or Hercules/Rodeo utilizing high-speed vessels. Funds will be used for capital improvements such as vehicles, landside improvements, parking lighting,transit feeder service, signage, etc. Both ferry services will be in close proximity to existing and future residential and commercial projects on West County's shorelines. Cost: $23 million for Richmond (vessels -$12 million; terminal -$11 million); $23 million for Hercules/Rodeo(vessels - $12 million; terminal -$11 million). Total-$46 million. Other Potential Funding Sources: Measure J($45 million for operations); $1 bridge toll; state/federal transportation funds; fare box. Project Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. It is assumed that a significant portion of future ferry ridership will come from existing travelers. Accordingly, 25-year traffic growth increase within the WCCTAC area,27.5 percent,has been applied to the total project cost of $46 million to result in a STMP allocation of$12.65 million. STMP Funding: $12,650,000 S. BART Access and/or Parking Improvements As a component of BART's Smart Growth Program, funds would be used for parking, aesthetic and/or access improvements, station capacity improvements, sidewalks, lighting/restroom renovations,bicycle storage,expanded automatic fare collection equipment, etc. in the West County area(El Cerrito Plaza, El Cerrito Del Norte, and/or Richmond). Cost: $92.1 million for the West County area. Other Potential Fundin€'Sources: Measure J($15 million); state/federal transportation funds. 2005 STMP Update for WCCTAC Page 12 of 20 TJKM Transportation Consultants May 5. 2006 --- — Project Nexus-Discussion:-This project is'amorigthose whose justification is related to-existing -- - conditions and deficiencies as well as needs caused by future growth. Accordingly, 25-year traffic growth increase within the WCCTAC area, 27.5 percent, has been applied to the total WCCTAC area project cost of$92.1 million to result in a STMP allocation of$25.33 million. STMP Funding: $25,330,000 6. Bay Trail Gap Closure Close gaps in the Bay Trail in West Contra Costa County, including,but not limited to the following: (1)the one-mile gap along the Richmond Parkway between Pennsylvania and Gertrude Avenues; (2) the 1.8 mile gap north of Freethy to Payne Drive in Richmond; (3)the two-mile gap from Payne Drive to Cypress Avenue in Richmond; (4)the one-mile'gap from Pinole Shores to Railroad Avenue in Pinole; and (5)the 1.8 mile gap from Railroad Avenue to Parker Avenue in Hercules. Cost: $5.49 million Other Potential Funding Sources: EBRPD sources,private developers, other(to be determined). Project Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. Accordingly, 25-year traffic growth increase within the WCCTAC area, 27.5 percent,has been applied to the total WCCTAC area project cost of$5.49 million to result in a STMP allocation of$1.51 million. . STMP Funding: $1,510,000 7. San Pablo Dan:Road Improvements in Downtown El Sobrante i Revitalization of the downtown business district in El Sobrante including traffic calming, additional signals,pedestrian improvements, turn lanes, etc. that are identified in the Downtown El Sobrante Transportation and Land Use Plan(land subsequent documents). Cost: $6.9 million Potential funding source(s): Measure J, County funds, other state and federal transportation funds. Project Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. Accordingly, 25-year traffic growth increase within the WCCTAC area, 27.5 percent, has been applied to the total WCCTAC area project cost of$6.9 million to result in a STMP allocation of$1.9 million. STMP Funding: $1,900,000 8. San Pablo Avenue Corridor Improvements Transportation for Livable Communities infrastructure improvements on San Pablo Avenue through West Contra Costa County and within a half-mile walking distance of San Pablo Avenue in either 2005 STMP Update for WCCTAC Page 1.3 of 20 . TJKM Transportation Consultants May 5, 2006 i i - -- -- - --direction. Also includes-improvements as part of the San.Pablo Avenue SMART Corridor-project-- that is currently underway in Alameda and Contra Costa Counties on San Pablo Avenue. Cost: $6 million Potential funding sourgeW: Measure J, Transportation for Livable Communities, state and federal transportation funds. Project Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. Accordingly, 25-year traffic growth increase within the WCCTAC area, 27.5 percent, has been applied to the total WCCTAC area project cost of$6,000,000 to result in a STMP allocation of$1.65 million. STMP Fundiniz: $1,650,000 9. North Richmond Road Connection Project Extend Seventh Street northward approximately 0.1 miles to connect to an eastward extension of Pittsburg Avenue. Pittsburg Avenue would be extended eastward approximately 0.3 miles to connect to the Seventh Street extension. The extension will facilitate truck and vehicle traffic passing through . North Richmond from the Richmond Parkway. Cost: $7.95 million Potential funding sourceW: Measure J, state and federal transportation funds;County redevelopment funds,County funds. Project Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. However, this project mainly aims to serve growth in truck traffic resulting from new development in the North Richmond area. It is assumed that at least one-half of the traffic on this project will relate to new development in the area. The STMP assignment is 50 percent of the total cost, or$4 million. STMP Funding: $4.0 million 10. Hercules Transit Center Relocate and expand the Hercules Transit Center on the east side of Highway 4 to provide improved access to/from Highway 4 and improved local circulation. Cost: $6 million Potential funding_source(s): Private developer contributions; Hercules Redevelopment Agency finds; state and federal transportation funds. Proiect Nexus Discussion: This project is among those whose justification is related to existing conditions and deficiencies as well;as needs caused by future growth. Accordingly, 25-year traffic growth increase within the WCCTAC area,27.5'percent-, has been applidd to the total WCCTAC area project cost of$6.0 million to resulit in a STMP allocation of$1.65 million. STMP Funding: $1,650,000 2005 STMP Update for WCCTAC . Page 14 of 20 TJKM Transportation Consultants . May 5, 2006 17.-Del Norte Area-Transit Oriented Development project(public improvements)— -- — -- Planning, engineering, environmental studies, and construction of the public transportation-related. improvements at the El Cerrito Del Norte BART station's Transit Oriented Development project. Funding will provide improvements'including,but not limited to: parking facilities;bicycle, pedestrian,and/or bus transit access improvements; signage; lighting; improvements to station access or station waiting areas; ADA improvements; improv ements.to adjacent streets, street crossings, or signals; and/or Ohlone Greenway improvements. Cost: $25 million Potential funding sources:.Private developer contributions; state and federal transportation funds(for example, Transportation for Livable Communities funds); Measure J funds. Project Nexus Description: This project is among those whose justification is related to existing conditions and deficiencies as well as needs caused by future growth. Accordingly,the 25-year traffic growth increase within the WCCTAC area, 27.5 percent,has been applied to the total project cost of$25 million to result in a STMP allocation of$6.875 million. STMP Funding: $6,875,000 . 2005 STMP Update for WCCTAC Page 15 of 20 TJKM Transportation Consultants May 5, 2006 CHAPTER 4. STMP PREVIOUS COLLECTIONS AND 2005 UPDATE POTENTIAL FEE REVENUES Collections To Date The STMP was approved in 1997 and the first funds were received in April of 1998. Between April of 1998 and July of 2004 a total of$2,942,031.39 has been collected, including$97,255.90 in interest. For this 75-month period,the average monthly receipts have been approximately $39.200. During this period, the funds were allocated as shown in Table V. TABLE V:DISTRIBUTION OF FUNDS RECEIVED TO DATE. PrNect Allocation Percent Payment Balance Richmond Intermodal $ 232,697.54 7.91 $ 135,391.31 $ 97,306.23 Highway 4 West $ 2,393,722.86 81.36 $2,100,435.39 $293,287.47 EI Cerrito Plaza BART Parking $ 232,697.54 7.91 $ 0 $232,697.54 WCCTAC Administration $ 38,782.92 1.32 $ 34,137.94 $ 4,644.98 CCTA Administration $ 44,130.47 1.50 $ 43,576.70 $ 553.77 Total $ 2,942,031.34 100.00 $2,313,541.34 $628,490.00 Source: CCTA If this monthly rate of receipts would continue for a 20-year period,the total receipts would be over .$9.4 million in current dollars,not including any interest. This is one measure of the amount of funds that could be received over a 25 year period beginning in 2005 if the same fees would prevail and the same rate of development were to continue. The Nexus Analysis prepared in 1997 indicated that the fees established at that time should yield about$5.1 million over 13 years (1997 to 2010). This calculates to an average of about $33,000 per month, so the actual receipts of about$39,200 per month, including interest, are conservatively close to the original estimates. It should be noted that the 1997 Nexus Analysis showed that WCCTAC could legally establish fees whose revenues would total $24.5 million. However, at the time it was felt that it was appropriate to reduce the financial burden on bothicommercial and residential development. Single-family residential fees were established at $700 per unit instead of the allowable $2,345. Multi-family residential fees were reduced from$1,002 to $560. Retail, office and industrial fees were established at$0.20 per square foot, instead of allowable rates ranging from$1.37 to$2.88 per square foot of development. Potential Fee Revenues From 2005 Update As noted above, the 1997 Nexus Analysis justified a total cost of$24.5 million in funds to be paid by the fee. This amounts to a rate of about$2,100 per peak hour trip. However,the amount of fee actually enacted amounted to about'$440 per peak hour trip, or about 20 percent of the maximum amount. As noted in Table III, there is an estimated 281571 a.m. peak hour trips associated with the expected growth in development in1the 25-year period beginning in 2005. Using the 1997 rates,this amount of trips would account for$12.6 million at the reduced rate of$440 per trip over the 25-year period or$60.0 million at the full rate of 52,100 per peak hour trip. Recommendations for the fees associated with the 2005 STMP update are described in the next chapter. 2005 STMP Update for WCCTAC Page 16 of 20 TJKM Transportation Consultants May 5. 2006 CHAPTER 5. PROGRAM COSTS AND FEE CALCULATION Updated Cost per Trip Estimate i Table VI presents a summary of the STMP improvement project costs,required adjustments to account for past STMP activities,the projected future trips to be added by new development, and the resulting estimated STMP improvement cost per trip. The total cost of the STMP projects to be included is $370,840,000. Adjustments to the fee are as follows: • Outside Funding-$121,848',000: These are anticipated,funds from outside sources that will offset the costs of projects in the STMP. See Table IV for details. Exceeds Nexus- $150,892,000: These are funds that exceed the nexus test described in Chapter 3 and 6. i These adjustments are applied to the fee calculation as shown in Table Vl. The updated fee calculation is based on trip generation estimates in Table 3 and the cost estimates of the. STMP improvement projects presented in Table IV. The updated cost per trip is $3,507, using a total STMP project cost of$101,043,000 and a total of 28,810 new a.m.peak hour trips. The STMP improvement projects cost and the STMP portion;of these costs as well as the calculated new STMP cost per trip are shown in Table VI. i Table VII presents the new STMP schedule of fees. The land use categories in this fee schedule reflect the current situation with the!STMP. i TABLE VI:2005 COST PER TRIP ESTIMATE i Actual STMP STMP Portion STMP Improvement Projects STMP Portion of Fee Adopted of Change from 1997 Costs In 1997 2005 Costs 1997 STMP All Projects $64,267,500 $370,840,000 +$306,572,500 Subtotal $64,267,500 -- $370,840,000 +$306,572,500 Outside Funding $39,841,000 $121,848,000 . +$82,007,000 Exceeds Nexus -- -- $150,892,000 +$150,892,000 Net Improvement Costs $24,426,500 $5,100,000 $98,100,000 +$73,673,500 Plus Administrative Costs(3%) (Included in total) - $2,943,000 -- Total STMP Funding $24,426,500 $5,100,000 $101,043,000 +$76,616,500 Total Peak Hour Trips Added by i New Development 11,589 11,589 28,810 +17,223 STMP Cost Per Trip $2,100 $4401 $3,50711 +$1,407 2005 STMP Update.for WCCTAC Page 17 of 20 TJKM Transportation Consultants May 5, 2006 • TABLE VII:2005 RECOMMENDED STAY RATES AND-FEES-AND-FEES Peak Hour Units of 2005 1997 Fee Rates 1997 Fee Rates Land Uses Trip Rates Use Fee Rates* (full funding) as Adopted (full funding) Single-family Residential 0.74 DU $2,595 $ 1,554 $700 Multi-family Residential 0.47 DU $1,648 $987 $560 Senior Housing 0.21 DU $701 - — Hotel 0.56 Room $1,964 — — Retail 0.52 SF $1.82 $0.34 $0.20 Office 1.00 SF $3.51 $ 2.79 $0.20 Industrial 0.70 SF $2.45 $ 1.89 $0.20 Storage facility 0.15 SF $0.53 - - Church 0.45 SF $1.58 - Hospital 1.20 SF. $4.21 - DU=Dwelling Unit SF=Square Feet Note:Based on$3,507 per peak hour trip Other Factors In STAIP Update Trip Adjustments The peak hour trip rate for the retail category was adjusted to account for trip lengths as described in the 1997 study. The base a.m. rate for retail was reduced.by 50 percent to account for reduced trip lengths as compared with non-retail uses. Trip rates for the office category were reduced froml.33 trips per thousand square feet (ksf)to 1.00_ trips per ksf, industrial trip rates were reduced from 0.90 to 0.70. Exempt Development In the 1997 study, it was found that slightly more than 10 percent of the land use depicted as future growth already had some level of land use entitlements and would be exempt from the STMT payments. These exemptions were either because a) a vested tentative map had been issued, or b)a development agreement had been completed which specifically excludes assessment of any additional fees. It will continue to be appropriate for fees to be waived in these cases, although it is unlikely that development agreements have been approved subsequent to 1997 that eliminate participation in WCCTAC STMP fees. Special Cases As was the case in 1997, it remains appropriate for developers to request a special traffic study if it is felt that their particular land use proposal either does not fit into one of the land use categories or if the particular development may generate less traffic than the category provides. The methodology for conducting such a study shall be approved by the WCCTAC upon recommendation of the WCCTAC-TAC. The appropriate governing/permitting agency shall be responsible for reviewing and approving the individual traffic studies. Establishment of Final WCCTAC STMP Fee WCCTAC may decide, as it did in 1997,not to levy the full fee that has been established as a part of this study. If so, the results will be reflected in an .adjustment to this study. i 2005 STMP Update for WCCTAC Page 18 of 20 TJKM Transportation Consultants May 5, 2006 i CHAPTER 6. NEXUS FINDINGS Forecasts of future traffic volumes were made to provide the data needed to establish the reasonable connection between new development's travel demand and the need for and costs of the proposed projects within the WCCTAC area. ;ABAG's Projections 2003 was used to determine the amount of growth in land use in the west county area between 2005 and 2030. Subsequently,traffic usage related to the growth was calculated'.as described in Chapter 2., Using the traffic generation results and the estimated project costs, the portion of the estimated project costs that can reasonably be;connected with the need generated by projected new development has been calculated. I The following process was used to established the amount of a project that can attributed to growth and thereby be eligible for STMP funding: i Amount of households in 2005 . 88,050(from Table 1) Amount of employees in 2005 82,150 (from Table 2) Household trips in 2005=88,050 x 0.63* 55,472 Employment trips in 2005=82,150 x 0.60* 49,290 Total trips in 2005=55,472+49,290 104,762 Growth in trips between 2005 and 2030! 28,810(from Table 3) Percent of traffic related to 25 year growth=28,8101104,762 27.5% *Trip rates—see page 5 for details Therefore, as noted in the Project Nexus Discussion in Chapter 3 for each of the 11 STMP projects, a minimum of 27.5 percent of the cos,,t of each project was assigned to the STMP, unless a lesser amount of funds is necessary to fully fund the proposed project. In a few cases, a greater percentage was utilized when conditions dictated. i It is noted that of the $371 million worth of needed improvements identified in this analysis, over $121 million in outside funding sources have been identified. These outside sources primarily include proposed Contra Costa County Measure J, which is the extension of the one-half percent sales tax levied for transportation improvements. Measure J,which is intended to fund improvements which will correct both existing and future deficiencies, is a partner to the STMP extension, which by law must only fund future transportation deficiencies associated with new development. Measure J was approved by Contra Costa County voters in the general election on November 2, 2004. In addition, the project nexus analyses indicated that$150,892,000 of the projects does not meet the minimum nexus requirement. Thus;of the total deficiencies identified in the 11 proposed STMP projects, only 27 percent of the funding comes from the STMP. The methodology of this report is to ensure that only the portion of the projects included in the STMP project list is necessitated by the growth in traffic between 2005 conditions and 2030 conditions. Thus, there is a reasonable relationship between the proposed use of the STMP and the proposed land use development projects on which the fee will be imposed. In the same manner there is a reasonable relationship between the need for facilities included in the STMP and the proposed land use development projects. j 2005 STMP Update for WCC TAC Page 19 of 20 TJKM Transportation Consultants May 5, 2006 i i . CHAPTER 7. STUDY PARTICIPANTS i TJKM Transportation Consultants Personnel Chris D.Kinzel, P.E. Project Engineer Brad Thornton Project Engineer Dan Harrison Project Planner Evi Pagh Word Processing/Production The Reed Group Robert Reed Principal i Persons/Agencies Consulted/WCCTAC --TAC Members Lisa Hammon, Managing Director WCCTAC Brad Beck CCTA Bruce Beyaert Trails for Richmond Action Committee(TRAQ Aleida Chavez WestCAT Rich Davidson City of Richmond John Greitzer Contra Costa County Community Development Department Deidre Heitman BART Adele Ho City of San Pablo Bruce King City of El Cerrito Nathan Landau I AC Transit Steve Lawton City of Hercules John MacKenzie Caltrans Brent Salmi Pinole i i I 2005 STMP Update for WCCTAC ; Page 20 of 20 TJKM Transportation Consultants May 5, 2006 i "Contra Costa Times To: EShar@cob.cccounty.us Legals" CC' @ Subject:cctimes.c aIs <cctleect: ORDINANCE FOR THE WEST CC TRANSPORTATION ADV. COMM. 9 om> FEE PROGRAM 06/19%2006 11:50 AM Please respond to cctlegals i i CNE FOLLONV NG a-mail contains pertinent information.. pleAse read it carefully in its entirety. PLEASE NOTE:All of our offices !gill be closed Independence Ddl,, Trresdrrv, July 4, 2006. Good Morning. The man will publish sideways/vertical The text will publish at 4 col. x 6 1/2�" (actual size: 4 9/16" x E 1/2"). the map will publish at 4 col. x 6 1/2" (actual size: 4 9/16" x 6 1/2'!). The size of the map was deteimined by Brian Louis (Sp').) pt'llltlilg 011t the m.qp at 65%. i If you have any questions regarding the legal notice colifirmed below, pleasa•eference the LEGAL NUl\IBER provided. Only e-mail tgcctleaals((..-.cctimes.com regarding Contra Costa Times. Concord Transcript..or Contra.Costa Sun legal notices. Thanks! ** LEGAL SCHEDULE CONFIRMATION ** TYPE: DISPLAY.4 COLUMNS X ]3", CLASSIFIED SECTION (ACTUAL. SIZE: 4 9/16" X 13".) j LEGAL NUMBER: 5992 PO#: F05508 1153 Publication: CCT Run Date(s): 06/30, 07/07 Legal Acct?: 200 4197 j Total Amount: $2;038.40 i Anashia.Lloyd j Legal Advertising Coordinator (925) 943-8019- (925) 43-5019(925) 943-8359 —fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 i cctlegals-�Yw,cctlmes.com Li LEGAL iPUBLICATION REQUISITION Contra Costa County rA_coun`' i I FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106; P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals@cctimes.com FAX No. 925-943-8359 Requested by: L. SHARP Date: JUNE 13, 2006 Phone No.: 925-335-1903 Reference No.: Org.: Sub Object: 2190 _ Task: SAS Activity: 6P4007 Publication Date (s) JUNE 30 and JULY 07,._2006 No. of.Pages (2) i LEGAL PUBLICATION ORDINANCE FOR THE:`.-WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE FEE PROGRAM. i i E-MAIL ** Immediately upOn expiration of publication, * * send in one affidavit for each publication in order that the.auditior may be authorized to pay you bill. i Authorized Signatu i Please confirm date of publication 'and receipt of this fax. i CONTRA COSTA COUNTY PLJBLIC WORKS DEPARTMENT 255 GLACIER DRIVE MAR-FINEZ, CA 94553 NOTICE OF PUBLIC HEARING AND AVAILABILITY OF DATA (Ordinance for the West Contra Costa Transportation Advisory Committee Fee Program) The Board of Supervisors will hold a public hearing on July 18, 2006 at 9:30 a.m. in the Board Chambers, County Administration Building, 651 Pine Street, Martinez, CA. to consider Ordinance 2006-21 for the West Contra Costa Transportation Advisory Committee (WCCTAC) Program Area. Fees collected through the West Contra Costa Transportation Advisory Committee will be collected only from new development within this portion of unincorporated Contra Costa County and will be collected upon the issuance of a building permit. i The WCCTAC Subregional Transportation Mitigation Program is the result of a Master Cooperative Agreement between the Contra Costa Transportation Authority, the Cities of EI Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa:, and the West Contra Costa Transportation Advisory Committee. The WCCTAC will support the list of regional improvements described in the West Contra Costa Transportation Advisory Committee Subregional Transportation Mitigation Fee Program Update (Development Program Report). I The proposed fees for approval by the Board of Supervisors are: Land Use Proposed Fee Single-Family Residential $2,595 per dwelling unit Multi-Family Residential $1,648 per dwelling unit Senior Housing $701 per dwelling unit Hotel $1,964 per room Retail/Commercial $1.82 per square foot of gross floor area Office $3.51 per square foot of gross floor area Industrial $2.45 per square foot of gross floor area Storage Facility $0.53 per square foot of gross floor area Church $1.58 per square foot of gross floor area Hospital $4.21 per square foot of gross floor area Other* $3,507 per AM peak hour trip *The fees for uses not listed above shall be determined by the sponsor collecting the'fee according to information generated by appropriate traffic studies, or other means of determining traffic impacts as approved by WCCTAC, or in accordance with the Institute of Traffic Engineers(ITE) Manual. In addition, an administration fee equal to 2 percent of the Program revenue shall be assessed. As with most fee programs, the feeirevenue from the WCCTAC program will not pay the cost of all regional improvements. Other funding must be generated. some of which include fees generated from Measure C and State Transportation Improvement(STIP) Funds. i The Development Program Report, which includes a description of the proposed improvement cost estimates and funding mechanism will be available at the Clerk of the Board. For more information, contact Brian Louis of the County Public Works Department, Transportation Engineering Division at 313-2245. I hereby certify that this is a true and correct copy of an action taken and Entered on the minutes of the Board of Supervisors on the date shown. I ATTESTED JUNE 13, 2006 i JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator BY EMY L. SHARP DEPUTY PUBLICATION DATES JUNE 30 and JULY 07, 2006 i I ............. �. �= .r _. s' {`w ........... .. ............. 4 ........... .... .. .........: ........... ..... . ......... ' ,. t`': ....... r ;s; :. ...... . . ...........:::: ... ......... . t . ....... .. ........... t >::;:::;:::::::: :.:::: V . .., ............ ::::........ ............ ....::::::: .:::::::::: ....:,:..:.. ....:::::::.: �. .._. .... ...... : . ............ ........... 3 a - �j ..:. . : :....::... a v .. .. ....... .1 :« Z:% .a :•t:: 4. S' f .i 3 '1 d p ti: s r t: ;t > : :::;;::;.:;::..... >> ::::::.:::.... } tit: '-.>y:c+:.:=::-�M: :::::.: O �. . s 5 S L. x .�' a' 44 c.. f ` ' ;, ..3. j: :'3..:.. .. ., .......... 1 .. l -+.-. �; .: 3 O 44 vt::;, 5 t' ................ , i ^^... ..� .... .. Xl y. O ONE Amp tn ... totlam. , IL .) ' :` Y'- 1 MMA C :r _ The QV ` � ,i� ,,�(3 ''fed'"•�"�''.. ., 0 �s :1': y Ap: R•- i �.:::'...-,;�' •`.�r tip '� r, L i i CONTRA COSTA COUNTY PUBLIC WORKS DEI'ARTViENT 255 Glacier Drive Martinez, CA 94553 I PUBLICATION REQUEST TO: Jane Penninutoii. Chief. Clerk of the Board Attn: Emv Sha p, Deputy Clerk, Clerk of the Board eshar�ar LII1tV.LIS i FROM: Brian Louis Public Works Pepartment (925) 313-22451 BOARD MTG. DATE: JuI ne 131 2006 PREVIOUSLY APPROVED BY BOS ON: HEARING DATE: Jule 18, 2006 i PUBLICATION DATES: �,To be determined by Clerk of the .Board i REQUESTED PUBLISHING PAPER(S): Contra Costa Times I I I Do not t>.pe below this litre—Pukication lagaugge on followhil pq;e I I i i i i I. i i i 1\cshaip 1.0('ALS l';Icmp`,.('.I.ntus.NoIcs.l)ala.NuhlicaIit)n I:cytic st-\FlY'l'AC.doc 1 of 2 I ] a HE F';-- 1:J_I1_11 ITY C.L.C-F-1 FF DATE p-F I 1,-1E 1-1 F: P-11--nES II_T R-1,4 LVJ F4 06. Cjlm� 2AF1. f y�� 7 1 FTIHTP'. T- JJ.-Ij I!';' 01L: ..... W11 17 LEGAL, -the G -itn Costa Times FROM: Clerk of ward G o t cl " 651 Pine St., Romu 106� _11.0. 11 ox .4 18 Pine Street, NlaYliDeZ 9" t)'. Walnut .'reek, C'A. 94596 Ceti fill. sxon't 12 f. 59 925.9413 Requested by phone LA7 I.. 14-14.Rfj 13. - 925-3310 5- 9 ._ `PIP, No--___ 0 6 7 6" -X) 01-g,: Sub Object. I-N; JU77 NJ_ 30 Publication Date (s) ..................... (2 ) F 11j,I Al _RJOI IvE.-ST CON-11A CO 311.'� LE.GAL PUBLICATiON I ��. "Contra Costa Times To: EShar@cob.cccounty.us > r.,. Legals" cc: <cctlegals@cctimes.c Subject: Urgency Ordinance for Interim West CC Transportation Adv. Comm. om> Fee Program 06/19/2006 11:49 AM Please respond to cctlegdls TH.E FOLLO�S'I.IG a-mail contains pertinent information; 1)1ease read it carefullv.in its entirety. PLL'A SE NOTE:All of ome offices will be closed./ndependence Until, Tuesdgy, Juty 4, 2006. Good Morning.-The mat) will nublisli sideways/vertical. The text will publish at 4 col. x 6 1/21" (actual size: 4 9/16" x 6 .1/2"): the map publish at 4 col. x 6 1/2" (actual size: 4 9/16" x 6 1/2'1). The size of the map was detennned by Brian Louis (Sp?.) printing out the map at 65%. i If}roti have any questions regarding the legal notice confirmed below, pleasa•eference the I..EGAL NUMBER provided. Only ie-mail tocctleaals(iir cctimes.com regarding Contra Costa. Times. Concord Transcript, or Contra Costa Sun legal notices. Thanks' . ** LEGAL SCHEDULE.CONFIRMATION TYPE: DISPLAY 4 COLUMNS X l3", CLASSIFIED SECTION (ACTUAL SIZE:.4 9/16" X 13") LEGAL Ni1iN'IBER: 5991 PO 1-05508 1 182 Publication: CCI Run Date(s): 06/"30; 07/07 Legal Acct#: 200 4197 I Total Amount: $2,038.40 Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 j (925) 943-8359 —fax Contra Costa Timcs ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals�i cctimes.com I • I • I i i I , LEGALI PUBLICATION REQUISI:TiON y' F, .:; y-,4 Contra Costa Countv FROM: Clerk of the Board TO: Contra Costa Times 651. Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 E-MAIL: cctlegals(a)cctimes.com FAX No. 925-943-8359 Requested by: R�Y L. Sial Date: JU E 13, 2006 925-335-1903 Phone No.: Reference No.: Ong— 0676 Sub Object: 2190 Task: SAS :Activity: 6P4007 JUNE 30 and JULYe07, 2006 Publication Date (s) - I . No. of Pages: (2) LEGAL PUBLICATION URGENCY ORDINANCE FOR INTERIM WEST CONTRA COSTA I TRANSPORTATION ADVISORY COMMITTEE FEE PROGRAM i I I I i i I e mail *** Immediately upon expiration of publication, *y* send in one atifidavit for each publication in order that the auditor may be authorized to pay you bill. I r t L Authorized Signature: I I Please confirm date of publication and receipt of this fax. i i a I i - !CONTRA COSTA COUNTY 1.'U,BLIC WORKS DEPAR1.11_ENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF PUBLIC HEARING AND AVAILABILITY OF DATA I (Urgency Ordinance for the Interim West Contra Costa Transportation Advisory Committee Fee Program) The Board of Supervisors will hold a public hearing on July 18, 2006 at 9:30 a.m. in the Board Chambers, County Administration Building, 651 Pine Street, Martinez, CA. to consider adopting an Interim Urgency Ordinance (Ordinance 2006-20)for the West Contra Costa Transportation Advisory Committee (WCCTAC) Program Area. Fees collected through the West Contra) Costa Transportation Advisory Committee will be collected only from new development within this portion of unincorporated Contra Costa County and will be collected upon the issuance of a building permit. The WCCTAC Subregional Transportation Mitigation Program is the result of a Master Cooperative Agreement between the Contra Costa Transportation Authority, the Cities of EI Cerrito, Hercules, Pinole, Richmond, and San Pablo, the County of Contra Costa, and the West Contra Costa Transportation Advisory Committee. The WCCTAC will support the list of regional improvements,described lin the West Contra Costa Transportation Advisory Committee Subregional Transportation Mitigation Fee Program Update (Development Program Report). The proposed fees for approval by the Board of Supervisors are: Land Use Proposed Fee Single-Family Residential $2,595 per dwelling unit Multi-Family Residential $1,648 per dwelling unit Senior Housing $701 per dwelling unit Hotel $1,964 per room Retail/Commercial $1.82 per square foot of gross floor area Office $3.51 per square foot of gross floor area Industrial $2.45 per square foot of gross floor area Storage Facility $0.53 per square foot of gross floor area Church $1.58 per square foot of gross floor area Hospital $4.21 per square foot of gross floor area Other" $3,507 per AM peak hour trip *The fees for uses not listed above shall be determined by the sponsor collecting the fee according to information generated by appropriate traffic studies, or other means of determining traffic impacts as approved by WCCTAC, or in accordance with the Institute of Traffic Engineers(ITE) Manual. In addition, an administration fee equal to 2 percent of the Program revenue shall be assessed. As with most fee programs, the fee revenue from the WCCTAC program will not pay the cost of all regional improvements. Other funding must be generated, some of which include fees generated from Measure C and State Transportation Improvement(STIP) Funds. The Development Program Report, which includes a description of the proposed improvement cost estimates and funding mechanism will be available at the Clerk of the Board. For more information, contact Brian Louislof the County Public Works Department, Transportation Engineering Division at 313-2245. 1 herohy ccilil_V that this is a true and coarct copy ofan action taken and entered on the minutes Offliv Board ol•supelvisors on the dale shown. 1I I I;S"I'Isl_>: JUNE 13..2006 JOHN LN CULLE:N,Clerk ol•thc anis l'ourtty :administrator By F.N1Y L.SHARP I Deputy Publication Dates: .TUNE 30 and JULY 07.2006 I '4•. 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F ..: ..■� �+ F r cc Hyl+ � •- + r. ff itr 1 S� 0 I i CONTRA COSTA COUNTY P.U13LIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 PUBLICATION REQUEST TO: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board I eshai ijcob.cccounty.us FROM: Brian Louis Public `Yorks Department (925)) 313-224 BOARD MTG. DATE: June 13, 2006 PREVIOUSLY APPROVEID BY BOS ON: HEARING DATE: Judy 18, 2006 PUBLICATION DATES: To be determined by Clerk of the Board REQUESTED PUBLISHING PAPER(S): Contra Costa Times Do not ti<Ne below this line—Publication lan•;ua,;e on folio► hil-pi e I I i .)i':\I.S 1 'I'cmPk.'.1..nllis.\,Ics.l)nla I'uhliralion I:cyucst i ME'33SG iC [--IF I RMAT 10 1 1 D=r= if JTRL:i i_i-1'=7A 1:_11J JT`( CLERK OF THE i DATE S,R-T 1 HE L1 I STHN i -_.THT I ON ID MCIDE PAGE=; RE`_l-ALT 7 . l_-15/_11:'2000- 11-1:00 OIJTRH COSTA COI_IhJT`r' CLERK OF THE +.^1= 110. 1' 90 LEGAL ON R��Q�i�SI'I,I�� Contra Costa C 01111ty FROM: clerk of the Board TO: Contra Costa 'rirnes 6151 Tine St., doom l06 p.0, Box X715 Pine Street, l�'lartinez 94553 E�'aln�it Creek, CA 9;I596 E._MAIL: ectlegalsDies.com FAX No. 925-943-8.359 EW L. q-KT Date: J W 13, 2CX�i Requested by: i ------�------------ 925-335-1903 tefereflce No., ]Alone No., 0676 2190 Task: Sk.S Activit`,:Sub Sub Ob.ject•` � --- — Publication Date (s) �- - ,�tR.�° 0-1, 2006 ------ --� No. of Pages:__ `_2) l.p-a-C--)--T- A"Ttitc CY O �INA�CE FUR INTERIM H F LFCAL PUBLICATION ----_