HomeMy WebLinkAboutMINUTES - 06132006 - C.30 I
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TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR =_ Costa C 3 0
DATE: June 13, 2006 "�s:_._ County
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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)
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
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I. Recommended Action:
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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.
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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.
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3. DIRECT the Clerk of the Board to Publish the Notice of Public Hearing in compliance with Section
6062a of the California Government Code.
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4. DIRECT the Public Works Director to mail notice of hearing in compliance with Government Code
Sections 54986 and 66017.
Continued on Attachment: ® SIGNATURE:
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[]'RECOMNIENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
Q--A-PPROVE �LTIIER
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SIGNATURE(S):
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ACTION OF BO ON
APPROVED AS COMMENDED OTHER ❑
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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
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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
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11. Financial Impact:
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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.
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III. Reasons for Recommendations and Background:
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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.
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INFORMATION ON THE PROGRAM UPDATE
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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:
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Richmond 58.5%
Hercules 18.1%
Pinole 7.80X01
El Cerrito 5.6%
San Pablo 5.2%1
Rodeo-Crockett 4.8%1
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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
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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
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UPDATED PROJECT LIST 1
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The eleven projects recommended by�the TAC (and the ST1 MP funding aniount) are:
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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.
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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.
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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.
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POTENTIAL FEES AND REVENUES
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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.
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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
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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
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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
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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.
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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.
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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.
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IV. Consequences of Negative Action:
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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.
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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
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WEST CONTRA COSTA TRANSPORTA TIONAD VISOR Y COMMITTEE
FOR THE 2006 SUBREGIONAL TRANSPORTATION MITIGATION FEE PROGRAM
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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".
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RECITALS
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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
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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
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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
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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"):
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1. Richmond Intermodal Station (WCCTAC; Richmond Community Redevelopment
Agency);
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2. Interchanges on I-80 at'San Pablo Dam Road and Central Avenue, and on
Highway 4 at Willow Avenue (Authority);
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3. Capitol Corridor Improvements: Hercules Passenger Rail Station (City of
Hercules) and capital improvements along the corridor(WCCTAC; Capitol
Corridor Joint Powers'Authoritv);
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4. Ferry Service from Richmond and/or Hercules/Rodeo (WCCTAC; San Francisco
Bay Area Water Transit Authority, Cities of Richmond and Hercules);
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5. BART Access and/or Parking Improvements (BART; WCCTAC);
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6. Bay Trail Gap Closure(WCCTAC; East Bay Regional Park District);
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7. San Pablo Dam Road Improvements in downtown El Sobrante (Contra Costa
County);
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8. San Pablo Avenue Corridor Improvements (WCCTAC Cities/Contra Costa
County);
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9. North Richmond Road Connection Project (Contra Costa County);
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10. Hercules Transit Center Relocation(City of Hercules); and
11. Del Norte Area Transit-Oriented Development Project Public Improvements (City_
of El Cerrito).
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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
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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
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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
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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
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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;
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NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as follows:
A. PURPOSE
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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.
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B. CLOSE-OUT OF FEE COLLECTION AND EXPENDITURE FROM THE 1997
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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.
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1. Fees collected and unspent for the Highway 4 West project shall be spent no later
than December 31, 2006.
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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.
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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.
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C. FEES
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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:
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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
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Storage Facility $0.53/SF
Church $1.5 8/SF
Hospital $4.21/SF
Other $3,507 per AM peak
hour trip
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*DU=Dwelling Unit I **SF=Square Feet
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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.
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2. Tribal Gaming Facility Developments.
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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.
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3. Transfer of the Fees.
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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.
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4. Project Sponsors; Oversight Responsibilities.
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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.
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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.
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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.
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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.
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Vi. The City of El Cerrito is responsible for the oversight of the Del Norte
Area Transit-Oriented Development Project.
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5. Reports.
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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.
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ii. The amount of the fee.
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Iii. The beginningl and ending balance of the account or fund.
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IV. The amount of the fees collected and the interest earned.
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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.
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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.
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viii. The amount of refunds made pursuant to subdivision.(e) of Section 66001
and any allocations pursuant to subdivision (f) of Section 66001.
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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.
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7. Periodic Findinizs. j
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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.
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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.
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9. Exemptions.
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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.
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10. Credits.
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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
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of improvements or, inl the case of land dedication, on an independent appraisal
approved by the SPONSOR.
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D. LIST OF PROJECTS
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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.
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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.
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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.
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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.
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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
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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.
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9. North Richmond RoadlConnection Project. Extend Seventh Street northward to
connect to an eastwardl extension of Pittsburg Avenue in North Richmond.
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10. Hercules Transit Center. Relocate and expand the Hercules Transit Center on the
east side of Highway 4.
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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.
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E. FUNDING COMMITMENTS AND ELIGIBLE COSTS
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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.
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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
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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
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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.
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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
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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.
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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.
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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. .
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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.
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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.
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J. INDEMNIFICATION
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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.
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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.
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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
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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.
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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.
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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").
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L. ALTERNATIVE DISPUTE IRESOLUTION
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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
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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.
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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
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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
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N. ADDITIONAL ACTS AND DOCUMENTS
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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.
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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
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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.
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Q. INDEPENDENT AGENCIES
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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.
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2. None of the other SPONSORS- agents or employees shall be.considered agents or
employees of the City of San Pablo.
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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
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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:
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City Clerk I City Clerk
Page 16 of 17
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney City Attorney
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828055v9;812.003
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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
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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
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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
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LIST.OF TABLES
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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
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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)
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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.
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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
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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
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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.
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— — - --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.
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CHAPTER 1, SELECTION AND COST OF PROJECTS
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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
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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
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- 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
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- -
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.
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--- — 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
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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
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- -- -- - --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
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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 .
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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.
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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.
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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.
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Table VII presents the new STMP schedule of fees. The land use categories in this fee schedule
reflect the current situation with the!STMP.
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TABLE VI:2005 COST PER TRIP ESTIMATE
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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
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•
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.
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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.
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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.
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CHAPTER 7. STUDY PARTICIPANTS
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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
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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
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"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
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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
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Do not t>.pe below this litre—Pukication lagaugge on followhil pq;e
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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
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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
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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
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DATE S,R-T 1 HE L1 I STHN i -_.THT I ON ID MCIDE PAGE=; RE`_l-ALT
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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 ----_