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HomeMy WebLinkAbout035-02RESOLUTION NO. 35-2002 INITIATING THE CONTRA COSTA TRANSPORTATION AUTHORITY'S CONFLICT RESOLUTION PROCESS REGARDING THE CAMINO TASSAJARA COMBINED GENERAL PLAN AMENDMENT STUDY AND RELATED ACTIONS WHEREAS, Resolution 95-06-G adopted by the Contra Costa Transportation Authority (the "Authority',) in July 1995 sets forth a General Plan Amendment (GPA) Review Process for the Measure C Growth Management Program; and WHEREAS, as one of the conditions for compliance with the Authority's Growth Management Program, local jurisdictions are required to participate in the Authority's GPA Review Process; and WHEREAS, the Southwest Area Transportation Committee (SWAT) serves as the Authority's designated Regional Transportation Planning Committee (RTPC) where the jurisdictions of the southwest subarea, which include the Town of Danville and the Cities of Lafayette, Moraga, Orinda, San Ramon, and Contra Costa County, together jointly determine the appropriate measures and programs for mitigation of regional traffic impacts on Routes of Regional Significance; and WHEREAS, SWAT has adopted a Traffic Service Objective (TSO) for the intersection of Camino Tassajara and Crow Canyon Road of Level of Service (LOS) D, as set forth in the Tri-Valley Transportation Plan/Action Plan; and WHEREAS, the Dougherty Valley Settlement Agreement (Article II, Section II "Definitions," page 10 and Section 3.7.3) establishes LOS D as the minimum standard for traffic service at the intersection of Camino Tassajara and Crow Canyon Road; and WHEREAS, Contra Costa County has issued a Draft EIR for the Camino Tassajara Combined General Plan Amendment Study and Related Actions, which, if approved would result in the development of 1,397 new housing units to the west of Danville and would impact the intersection of Camino Tassajara and Crow Canyon Road; and WHEREAS, through numerous correspondence, and by sending its representative and staff to the monthly SWAT meetings, the Town of Danville has vigorously participated in the Authority's GPA Review Process for the Camino Tassajara Combined GPA Study; and WHEREAS, the Town of Danville has voiced concerns to Contra Costa County, to SWAT, and to the Authority regarding the potential impact of the proposed GPA on adopted Traffic Service Objectives (TSOs) in the Tri-Valley Transportation/Action Plan; and -1- WHEREAS, the Town of Danville believes that the proposed GPA, if approved, would result in an exceedance of LOS D at the Camino Tassajara/Crow Canyon Road intersection and is therefore in conflict with adopted TSOs; and WHEREAS, at its meeting on March 4, 2002, the SWAT committee determined by unanimous vote that if the Camino Tassajara GPA is approved as proposed, it is likely that the TSO of LOS D at the intersection of Camino Tassajara and Crow Canyon Road could be violated in 2010, and requested that CCTA direct the involved parties to begin the Conflict Resolution process under Measure C; and VOtEREAS, the Authority's GPA review procedure specifies that if a conflict should arise during review by the affected RTPC(s), that any party to the conflict may call for initiation of conflict resolution; and that the parties may utilize either the Authority's conflict resolution process, or an alternative process, as long as it is acceptable to the parties to the conflict, and WHEREAS, the SWAT Committee unanimously recommended that the Town of Danville and Contra Costa County enter into Conflict Resolution; and WHEREAS the Town of Danville wishes to initiate the Authority's Conflict Resolution process to resolve a dispute regarding the traffic impacts of Contra Costa County's proposed Combined Camino Tassajara GPA Study on the intersection of Camino Tassajara and Crow Canyon Road; and WHEREAS, the Authority's Conflict Resolution Process (Resolution 95-07-G) specifies that local jurisdictions are eligible to initiate the Conflict Resolution Process through a vote of the majority of the jurisdiction's Council or Board, and that a majority vote of the RTPC is also necessary to initiate the conflict resolution process; now, therefore, be it RESOLVED, that the Danville Town Council hereby requests initiation of the Authority's Conflict Resolution Process; and, be it further RESOLVED, that in accordance with Authority Resolution 95-07-G which specifies the Conflict Resolution process, the Danville Town Council hereby authorizes the Mayor of Danville to send an "initiation letter" to the Authority with the following information: a. A description of the dispute; b. Reference to applicable language in Measure C and the Authority's Implementation Documents indicating why the Town believes that Contra Costa County is not in compliance with the Authority's Growth Management Program; c. A list of issues needing resolution; d. Names of parties to the dispute that should be involved in resolution; e. Names of individual(s) representing the Town of Danville; f. Preferences for approach to settlement sessions and use of outside professionals; and g. Confirmation that the Danville Town Council by a majority vote approved initiation of the process. -2- APPROVED by the Danville Town Council at a regular meeting on March 19, 2002, by the following vote: AYES: NOES: None ABSTAINED: None ABSENT: None Waldo, Arnerich, Doyle, Greenberg, Shimansky jTyROVED AS TO FORM: CITY CLERK -3-