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Home My WebLink AboutMINUTES - 08101993 - 1.19 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on August 10, 1993, by the following vote: AYES: Supervisors Powers, Srnith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/,`488 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance No. 84-12 and Adoption of a new Drainage Fee Ordinance for Drainage Area 48C, West Pittsburg. Project No. 7572-6138205 The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. This Board has before it for consideration the adoption of the proposed new drainage fee ordinance for Drainage Area 48C, which is attached hereto and marked Exhibit "A," providing for payment of the increased cost of the facilities described in said drainage plan. This Board also has before it the engineer's report, entitled "Engineer's Report for the Repeal of Ordinance 84-12 and the Adoption of a New Drainage Fee Ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 48C." Said documents which provide an updated estimate of the cost of the facilities to be borne by property in the drainage area, are on file with, and may be examined at, the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. It is proposed that the existing drainage fee Ordinance No. 84-12 be repealed and that the attached drainage fee ordinance be adopted. At 11:00 a.m. on September 21, 1993, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage fee ordinance. At said hearing this Board will consider and will bear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Pittsburg Post-Dispatch, a newspaper of general circulation, circulated in Drainage Area 48C. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mailed notice with the Clerk of the Board or with the District, as provided by Government Code Sections 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. Resolution 93/488 J � Notification of Hearing for Repeal of Drainage Fee Ordinance NO. 84-12 Adoption of Drainage Fee Ordinance for Drainage Area 48C August 10, 1993 Page Two I nereby certify tnat this is a true and correct.copy :+ an action taken and entered on the minutes of th.e 3oard of SuperAsors on the date shown. ATTESTEM August' 10. 1993 PHIL BATCHELOR,Cleric of the Board of Suparwwm and Count�yl1Adodnistrator By �� _ �el.R��, flet�+b► HF:kd C:BO\.BORES10.t8 Attachment Contact: M. Morton 313-2285 Originator: Public Works Department (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services Building Industry Association P.O. Box 5160 San Ramon, CA 94583 David Lennon Hofman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street #150 Walnut Creek, CA 94596 EXHIBIT A ORDINANCE NO. 93/ AN ORDINANCE REPEALING ORDINANCE NO. 84-12 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48C The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1. Ordinance No. 84-12 of the .Contra Costa County Flood Control and Water Conservation District is hereby repealed SECTION 2. The Board hereby enacts the following as the.Drainage Fee Ordinance for Drainage Area 48C: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 48C, Boundary Map and Drainage Plan", dated January, 1984, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 48C pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 63 of West's Appendix to the Water Code). SECTION II. FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said- drainage aiddrainage area will have a significant adverse impact on existing and future developments; that development of property within the drainage area,with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan or included in the Engineer's Report; and that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of the drainage plan. Ordinance Repealing Ordinance No. 84-12 Page Two SECTION III. EXEMPTIONS. The fee shall not be required for the following: 1) To replace a structure destroyed or damaged by fire, flood, winds or other act of God, provided the resultant structure has the same, or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4).Any lot or property for which drainage fees :have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, Contra Costa 'County or the city official having jurisdiction shall not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set forth in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $379 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including but not limited to driveways, wanks, patios etc., the amount of net increase in impervious surface shall be subject to a fee of$0.43 per square foot, but not to exceed the amount required under Section VII. SECTION VI. SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium,and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the"square feet of land per unit"shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 8412 Page Three SECTION VII. FEE SCHEDULE. Development Type BuildingP� ermit Subdivision Commercial/Industrial/Downtown Office $17,680 /acre $18,995 /acre Office (Medium) $15,155 /acre $16,935 /acre Office (Light) $12,680 /acre $14,295 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $13,930 /acre $13,930 /acre 2500 to 2999 sq. ft. of land per unit $ 825 /unit $ 825 /unit 3000 to 3999 sq. ft. of land per unit $ 945 /unit $ 945 /unit 4000 to 4999 sq. ft. of land per unit $ 1,100 /unit $ 1,100 /unit 5000 to 5999 sq. ft. of land per unit $ 1,260 /unit $ 1,260 /unit 6000 to 6999 sq. ft. of land per unit $ 1,415 /unit $ 1,415 /unit 7000 to 7999 sq. ft. of land per unit $ 1,565 /unit $ 1,565 /unit 8000+ sq. ft. of land per unit $ 1,645 /unit $ 1,645 /unit Development Type BuildingP_ ermit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $1,155 /unit $1,855 /unit 5000 to 5999 sq. ft. of land per unit $1,210/unit $1,930 /unit 6000 to 6999 sq. fL of land per unit $1,260 /unit $2,010 /unit 7000 to 7999 sq. ft. of land per unit $1,310 /unit $2,085 /unit 8000 to 9999 sq. ft. of land per unit $1,390 /unit $2,195 /unit 10000 to 13999 sq. ft. of land per unit $1,545 /unit $2,420 /unit 14000 to 19999 sq. ft. of land per unit $1,800 /unit $2,785 /unit 20000 to 29999 sq. ft. of land per unit $2,225 /unit $3,340 /unit 30000 to 39000 sq. ft. of land per unit $2,765 /unit $3,990 /unit 40000+ sq-ft. of land per unit $3,315 /unit $4,595 /unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $16,860 /acre of developed portion On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. ORDINANCE NO. 93/ ' r O•rdiriance Repealing Ordinance No. 84-12 Page Four For the purpose of this ordinance, subject to Section VI, lot size .shall be: (1) for existing lots, that .land shown on the latest equalized assessment roll as a lot; or(2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential'shall apply to lots containing only one dwelling unit. For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT.• The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. Monies in said fund shall be expended solely for land acquisition, construction,engineering,administration,repair,maintenance and operation,or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any bonded indebtedness of-the drainage area. SECTION.IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ordinance based on acreage, fees shall not be required under Section VII for any part of the total area for which the fee was paid, except in the case of a resubdivision. b) Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on impervious surface, fees shall not be required under Section VII for the total impervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional impervious surface area. c) Where drainage fees have been paid other than pursuant to an adopted drainage fee ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. SECTION X. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the "Pittsburg Post-Dispatch", a newspaper published in this area. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ORDINANCE NO. 93/. ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy HF:kd C-MORD8415 ORDINANCE NO. 93/ ENGINEER'S REPORT FOR THE REPEAL OF ORDINANCE 84-12 AND THE ADOPTION OF A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 48C Prepared By Henry Finch Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, California 94553 July, 1993 Engineer's Report Drainage Area 48C July, 1993 1. RECOMMENDATION It is recommended that: a. The existing Drainage Fee Ordinance (No. 84-12) for Drainage Area 48C be repealed; and that b. A new drainage fee ordinance reflecting cost increases be adopted. 2. GENERAL Drainage Area 48C was formed in 1984. Since that time, inflation has made the current fee inadequate to complete the drainage facilities outlined in the Drainage Plan. 3. DRAINAGE AREA LOCATION AND DESCRIPTION Drainage Area 48C is located in the West Pittsburg area. The Drainage Area is bounded on the north by the Atchison, Topeka and Sante Fe Railroad, Evora Road on the south, Riverview Intermediate School to the east, and Nichols Road to the west. A specific location is shown on Contra Costa County Flood Control and Water Conservation District Drawing D-12296. Drainage Area 48C is composed of 762 acres. Land south of the Contra Costa Canal is steep and hilly, and land to the north of the canal is gently sloped. The United States Government owns the land west of Driftwood Drive and north of the Contra Costa Canal as part of the Concord Naval Weapons Station. It is assumed that this land will remain open space. South of the Contra Costa Canal, the developed land primarily consists of high density single family residential lots with several pockets of open space in the interior, open space along the western ridgeline, and future construction of a church adjacent to Evora Road. A majority of the land north of the canal and east of Driftwood Drive consists of high density single family residential lots. It also includes two public schools, open space owned by the United States Government, and approximately 46 acres of one and two acre residential lots. The 1991 Contra Costa County General Plan anticipates that the 46 acre area will be developed for medium density single family residential use. Other than the future development of the 46 acres, no other development is expected within Drainage Area 48C. Engineer's Report Drainage Area 48C July, 1993 4. REASONS FOR THE CHANGE OF THE DRAINAGE FEE ORDINANCE The fee ordinance now in effect was calculated nine years ago. Since that time construction costs and land values in the West Pittsburg area have risen considerably. The revenue generated by the current drainage fee of $0.28 per square foot of impervious surface is not sufficient to complete the infrastructure proposed in the Drainage Plan of 1984. The new fee ordinance proposed for Drainage Area 48C is based on current and anticipated construction cost, and should be sufficient to complete the planned improvements. 5. COST ESTIMATE A detailed cost estimate of drainage facilities to be constructed is attached as Appendix A. A summary of these costs is as follows: Construction $899,000 Utility Relocation $100,000 Right of Way $ 30,000 Administration, Engineering and $201,000 Contingency Expected Fees From Subdivisions ($163,000) With Vesting Tentative Maps Adjusted Total Cost $1,067,000 6. CALCULATION OF THE NEW FEE The proposed fee was calculated by projecting the type of future development likely to occur in the Drainage Area using the 1991 Contra Costa County General Plan as a guide. The amount of impervious surface calculated is 2,490,000 ft2, which is based on the 46 acres of remaining developable land as forecast by the General Plan, and Subdivision 7597. The proposed fee of $0.43 per square foot of impervious surface was calculated by dividing the adjusted cost of drainage improvements yet to be built ($1,067,000) by the adjusted yield of impervious surfaces (2,490,000 ft2) to be developed in the Drainage Area. V Engineer's Report Drainage Area 48C July, 1993 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing Drainage Fee Ordinance for Drainage Area 48C is considered an administrative action, the activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of Article 5, CEQA guidelines. HMF:kd 448gengtstpt.48c July 28, 1993 APPENDIX A CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Drainage Area 48C Drainage Plan Cost Estimate(1993 Prices) Item No. Item Quantity Unit Unit Price Cost Total (ro nearw$1000) Line A Outfall At Sanitary District Access Road 1 4- 48" RCP 150 LF $200 $30,000 (includes road reconstruction) A.T.&S.F. R.R. (sleeve exist. 96"CMP) 2 2-69"RCP 140 LF $215 $301100 Southern Pacific Railroad Culvert 3 60"RCP (3 x 50'if jacked) 150 LF $620 $93,000 4 Rock Slope Protection 113 Ton $58 $6,554 Sacramento Northern Railroad Culvert 5 84"RCP (2 x 50'if jacked) 100 LF $860 $86,000 6 Rock Slope Protection 113 Ton" $58 $6,554 Earth Channel 7 Channel Excavation 2500 CY $13 $32,500 8 Embankment Fill 800 CY $12 $9,600 9 Gabion Drop Structure 1 EA $19,000 $19,000 10 Fencing 100 LF $16 $1,600 Pipe Systems 11 30" Conc.Pipe 2320 LF $38 $88,160 12 30"RCP Pipe 45 LF $85 $3,825 13 36"Conc.Pipe 1060 LF $45 $47,700 14 42"Conc. Pipe 820 LF $57 $46,740 15 42"RCP 210 LF $135 $28,350 16 48" Conc. Pipe 690 LF $75 $51,750 17 60"Conc. Pipe 200 LF $85 $17,000 18 66"Conc. Pipe 1110 LF $90 $99,900 19 66" RCP 146 LF $190 $27,740 20 84"Conc. Pipe 240 LF $185 $44,400 21 58"x 36" CMP,Arch. 30 LF $140 $4,200 22 Class C Conc. Backfill 8 CY $240 $1,920 23 Type A Inlet 2 EA $1,800 $3,600 24 Type B Inlet 1 EA $3,000 $31000 A:/48Ccosts.wgl Item No. Item Quantity Unit Unit Price Cost Total (ro nearest$1000) 25 Type C Inlet 2 EA $3,000 $6,000 26 Type II Manhole 8 EA $4,000 $32,000 27 Type.III Manhole 4 EA $4,500 $18,000 28 Spec.Type III Manhole 2 EA $5,000 $10,000 29 Pipe Endwalls and Spillways 4 EA $8,000 $32,000 30 Traffic Control and Signing 1 IS $8,000 $8,000 31 Reconstruct Street 1 LS $101000 $10,000 Improvements Total Construction Cost $899,000 32 Utility Relocation 1 IS $100,000 $100,000 $1001000 Right of Way: 33 Pipe and Channel R/W 1.2 AC $30,000 $30,000 Total Right of Way $301000 Administration, Engineering and Contingency: 34 Misc. developer costs including engineering $22,475 35 Agency inspection fee $22,475 36 Engineering and Admin. cost on public construction $35,960 37 Right-of-way acquisition,labor and legal costs $7,500 38 Utility relocation coordination and engineering $5,000 39 Ordinance administration 1 $9,765 40 District cost for coordination and engineering review $20,203 41 District cost for zone plan change&ordinance update $9,540 42 Contingencies $56,121 43 Zone plan engineering $12,000 Total Administration,Engineering and Contingency $201,000 Grand Total Project Cost(1993 Dollars) $1,2309000 44 Expected Fees From Subdivisions With ($163,000) Vesting Tentative Maps. Adjusted Grand-Total Project Costs (1993 Dollars) $1,067,000 A:/48Ccosts.wgl