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HomeMy WebLinkAboutRESOLUTIONS - 03091993 - 93-104 WHEN RECORDED RETURN TO CLERK, I BOARD OF SUPERVISORS TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: March 9, 1993 SUBJECT: Revision of the Countywide Area of Benefit to Modify the Existing Boundaries to Create Separate Regional Areas of Benefit RESOLUTION NO. 93/104 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION I. Recommended Action: It is recommended that the Board take the following actions: 1 ADOPT and APPROVE the Revised Development Program Report pertaining to the separation of the Countywide Area of Benefit into seven regional areas of benefit. 2. REVISE the Countywide Area of Benefit in accordance with the Revised Development Program Report by separating said area of benefit into seven regional areas of benefit. 3. DETERMINE that the Area of Benefit boundary revision is not a project subject to the California Environmental Quality Control Act. 4. DIRECT the Director of Community Development to file a Notice of Exemption; and DIRECT the Public Works Director to arrange for payment of the $ 25.00 handling fee to the County Clerk for the filing of the Notice of Exemption. 5. DETERMINE that a majority protest does not exist. 6. ENACT the attached ordinances, which separate the Countywide Area of Benefit into regional areas of benefit as recommended in the Revised Development Program Report and which readopt the fee schedules specific to the respective regional areas of benefit. � n - ContInued on Attachment: X SIGNATURE: w _ RECOMMENDATION OF COUNTY ADMINISTRATOR NJ _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON March 9, 1993 APPROVED AS RECOMMENDED x OTHER _ VOTE OF SUPERVISORS .� �. UNANIMOUS (ABSENT L ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the NW:fp:eh Board of Supervisorss�I"on the date shown. c:B09.t3 ATTESTED: //C!�it.��'„ 'i 19I'3 MGM PHIL BATCHELOR,Clark of tho Board of Supervisors and County Administrator Orig. Div: Public Works (T/E) Contact: Nancy Wein, Tel. 313-2275 cc: M. Shiu, Deputy PW Director Community Development Public Works Accounting County Auditor-Controller Treasurer-Tax Collector Recorder Revision of the Countywide Area of Benefit to Modify the Existing Boundaries to Create Separate Regional Areas of Benefit March 9, 1993 Page 2 I. Recommended Action: (Cont.) 7. INCORPORATE in this resolution by reference the boundaries, costs and method of fee apportionment set forth in the Revised Development Program Report, the attached ordinances and the maps on file with the Public Works Department. 8. DIRECT the Public Works Director to continue the trust fund accounts for the seven regional areas of benefit and their respective subareas. 9. DIRECT the Auditor/Controller to continue said trust fund accounts; and DIRECT the Treasurer to continue the investment of said monies with interest to accrue in the respective trust fund accounts. 10. DIRECT the Public Works Department and Department of Community Development to work with local and state agencies in periodically reviewing the fee schedules for the regional areas of benefit. 11. DIRECT the Director of Community Development to monitor future amendments to the currently adopted General Plan and their impact on traffic within the regional areas of benefit, to report those amendments to the Public Works Director as necessary to facilitate updating of the regional areas of benefit, and to make recommendations to the Board. 12. DIRECT the Clerk of the Board to promptly file a certified copy of this resolution with the County Recorder, pursuant to Section 913-6.026 of the Contra Costa County Ordinance Code. II. Financial Impact: The proposed changes to the Countywide Area of Benefit boundaries will have no financial impact. The current fee schedules for the original Area of Benefit regions, now separate Regional Areas of Benefit, will remain the same. The trust fund accounts specific to a particular subarea and therefore region, will remain in place but now be specific to a particular Regional Areas of Benefit. III. Reasons for Recommendations and Background: The Countywide Area of Benefit is being revised to modify the existing boundaries only. The project list, estimated project costs, cost allocation,fee apportionment, and traffic mitigation fees will remain the same at this time. The proposed boundary revision will allow the Public Works Department staff to update and administer the large Countywide Area of Benefit more efficiently by creating seven smaller Regional Areas of Benefit. The Regional Areas of Benefit can then be updated independently after evaluation of the project lists, program costs, and land use information specific to the particular Regional Area of Benefit. Government Code Section 66484 and Division 913, Title 9 of the Contra Costa County Ordinance Code provide for assessing and collecting fees for bridge and/or major thoroughfare construction within a designated area of benefit and as a condition of approval of a final subdivision map or as a condition of issuing a building permit. The Public Works Director and Director of Community Development have completed a Development Program Report for the proposed Regional Areas of Benefit, which was filed with the Clerk of the Board. Notice of the hearing was duly given in accordance with Government Code Sections 54986, 65091, 66016, and 66484. The Countywide Area of Benefit was first adopted by the Board of Supervisors on March 15, 1988, to improve the capacity and safety of the arterial road network in Contra Costa County through the establishment of a traffic mitigation fee. The traffic mitigation fee applies to the unincorporated areas of the County and is required of all new development. The Countywide Area of Benefit was divided into seven regions, some of which were further divided into Revision of the Countywide Area of Benefit to Modify the Existing Boundaries to Create Separate Regional Areas of Benefit. March 9, 1993 Page 3 III. Reasons for Recommendations and Background: (Cont.) subareas. The seven regions are called West County, Central County, Lamorinda, Alamo, South County, East County, and Bethel Island. There is a separate fee schedule for each region. Fees collected within subareas are held in a separate trust fund account specific to that area. This is to ensure that money collected within the subarea is used to improve the road deficiencies in that area only and not to be diverted for use elsewhere in the County. The revised boundaries for the Countywide Area of Benefit will now coincide with the boundaries of the seven regions described above, in addition to the Contra Costa County boundary. This will create seven separate and distinct Regional Areas of Benefit. The funding mechanism and trust fund accounts specific to a particular subarea and region, will remain in place but now be specific to a particular Regional Area of Benefit. The revision in the Countywide Area of Benefit was determined not to be a project subject to the California Environmental Quality Act. IV. Consequences of Negative Action: Failure to revise the Countywide Area of Benefit to form separate Regional Areas of Benefit may result in the loss of road funds. Currently, the seven regions are updated at one time. If the fee schedule for a region cannot be revised within a reasonable time period to be reflective of updated project lists, project costs and land use information, any development which would occur would be assessed an inadequate fee.