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HomeMy WebLinkAboutMINUTES - 08062002 - C30 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 6,2002, by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, GLOVER, DESAULNIER, AND GIOIA NOES: NOM ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 475 (West's Water Code App. Ch. 63, Seo. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinance No. 88-24 and Adoption of a new Drainage Fee Ordinance for Drainage Area 55, Antioch area. project No. 7579-608216-01. 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 of adoption for Drainage Area 55 proposed new drainage fee ordinance providing for payment of the increased cost of the facilities described in said drainage plan and the Engineer's Report. Originator. I hereby certify true and correct copy of an Public works Department(FCE) action taken and entered on the minutes of Contact Person:Dean Eckerson(313-2271) cc, County Administrator Dave Lennon the Board of Supervisors on the date shown. Community Development Hoffmann Company Building Inspection P.a.Box 907 ATTESTED:_- AUGUST Ob,zaa2 County Counsel 1380 Galaxy way County Assessor Concord,Ca 94522 County Treasurer-Tax Collector JOHN SWEETEN, Clerk of the Board of County Auditor v Controller Albert Seeno Company Chief Engineer P.O.Box 4113 Supervisors and County Administrator Accounting Concord,CA 94524-4113 Design—Environmental Engineering Services Dennis J.Razzari By 20 Building Industry Association Davidon Homes - P.O.Box 5160 1600 South Main Suite#150 -;"-Deputy Pan Ramon,CA 94583 Walnut Creek,CA 94596 RESOLUTION NO. 2002/ 475 SUBJECT; Notification of Hearing for Repeal of Drainage Fee Ordinance No. 88-24 Adaption of Drainage Fee ordinance for Drainage Area 55 DATE: August 6, 2002 PACE: 2 This Board also has before it the engineer's report, entitled "Updating Drainage Fee Ordinance for Drainage Area 55"which contains an updated estimate of the cost of the facilities to be borne by property owners in the drainage area and the environmental documents prepared for the proposed actions. Said documents 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. 88-24 be repealed and that the proposed drainage fee ordinance be adopted. At 9:30 a.m. on September 10, 2002, 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 hear 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 plan amendment, 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 Contra Costa Times, a newspaper of general circulation, circulated in Drainage Area 56. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not fess than twenty (20) days. The exterior boundaries of said Drainage Area include lands within the City of Antioch. The Clerk of this Board is DIRECTED to forward to the governing body of said city a copy of this Resolution at least twenty (20) days before the above noted hearing. 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. G:NGrpDataXFIdCtltAdministra#IontBoard Orders12002 B0\RE80 8-6-02 DA55.doc RESOLUTION N0. 2002/475 PROOF OF PUBLICATION LEGAL NOtCE aTn�a(2015.5 C.C.P.) a o der Conservation rio �f / t (� V STATE OF CALIFORNIA N WICE OF �jQp County of Contra Costa PUBLIC HEAFtifur+ The Board Of supervisors, 't # am a citizen of the United States and a resident of the as the dovemi Body of E County aforesaid; I am over the age of eighteen years, and the :antra Cosss county r not a party to or interested in the above-entitled matter. Floor control and thas - Conservation District,, has set 9.30 a.m. on Septem- al Legal Clerk of the Contra Costa Times, a tier t0 2002,Adrninline I am the Princi c p ga tion f�uikiing, 55t Pine.E newspaper of general circulation, printed and published at street, Martlnez,Callfomia I 2644 Shadelands Drive in the City of Walnut Creek, County place for r the time and t place a hearing on the _ of Contra Costa,94598. repeal of 0Fee Or N11 (Sha de, . �and the i And which newspaper has been adjudged a newspaper of te8srinsrroCee�fkaSrnrage general circulation by the Superior Court of the County of Area 155 under the provi- Contra Costa,State of California, under the date of October atone of the Flood Control ! 22,1934.Case plumber 19764. The Act. no i The row drainage tee ordi- � nance wig Incre the fee t The notice, of which the annexed is a printed copy (set in from 50.34 to TO 58 per e not smaller than nonpareil),has been publish in each square root of impervious i type p }, pu surface in order to finance regular and entire issue of said newspaper and not In any the compie4on or the drai- supplement thereof on the fallowing dates,to-wit: nage faclWas on the adopted drainago area an and update costs Auttust 9.16 current prices.The new drainage fee ordinance all in the year of 2002 ins a prsanraugrartE that dates ius nga thaenggi conta y ineer- tngNews Record Conskvc- tion Coat index. I certify (or declare) under penalty of perjury that the The proposed drat a fee foregoing is true and correct. ordinance, engines re- p die ted dralrplan am on Executed at Walnut Creek,C ' rnia. -, file and available for in- On t is day of August, 2 spa tion at the con_ tri t7istnct office,255 Gla- cier Drive Martinez, California,841553,or at the ofgoe of the Clerk of the .. ;...... . . .................................. Board of Supervisors. Signre At the Public hearing, the Board will consider all writ- ConttoCosta Times tan and oral comments on P O Box 4147 the proposed action and pro- Walnut Creek,CA 94596 pp ither act�co tinue the (925)935-2525 t roceed> d aor ction. Proof of Publication of: dished in accordance (attached is a copy of the legal advertisement that published) passed on Aug.No.02/475 BY ORDER OF THE BCARCi CCd1PlfRA 0OR41 ACC UN YP John Sweeten,Clerk of the Board of Supervisors CAdministratorand Be��p�-y Pu6llsh OT M(9,15,2002 rx 47 Uti LEGAL PUBLICATION R.EQUISTION ♦:Y..2 Y Contra Costa County jjVY11 t From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek, CA'94596 Requested by: . EMY L. SHARP Date: Phone No: 925-335-1903 Reference No: A90 Org: Sub Object: . /. Task: Activity: - Publication .Date (s). �,. . • ,�'' �.2 v q► 0114 No. of Pf9er oe LEGAL PUBLICATION- .d-,T® 1" &9" m 7 e., d5;147/07 ago 1"40 t ""Immediately upon expiration of publication,**** — _ scud in one affidavit for end:publication in order that the auditor may be authorized to pay your bill. Author IZed Signature: .F., Please confirm date of publication t receipt of this fax. By telephone please. LEGAL NOTICE Contra Costa County Flood Control And Water Conservation District NOTICE OF PUBLIC HEARING The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, has set 9:30 a.m on September 10, 2002, Administration Building, 651 Fine Street, Martinez, California 94553, as the time and place for a hearing on the repeal of Drainage Fee Ordinance No. 88-24 and the adoption of a new drainage fee ordinance for Drainage Area_56 under the provisions of the Flood Control District Act. The new drainage fee ordinance will increase the fee from $0.34 to $0.58 per square foot of impervious surface in order to finance the completion of the drainage facilities on the adopted drainage area plan and update the costs to current prices. The new drainage fee ordinance contains a paragraph that authorizes annual fee updates using the engineering News Record Construction Cost Index. The proposed drainage fee ordinance, engineer's report, and the adopted drainage area plan are on file and available for inspection at the Flood Control District Office, 255 Glacier Drive, Martinez, California, 94553, or at the office of the Clerk of the Board of Supervisors. At the public hearing, the Board will consider all written and oral comments on the proposed action, and either approve the proposed action, continue the proceedings, or abandon the proposed action. Published in accordance with Resolution No. 021 4 passed on A Publish • 0 , 2002 and • / , 2002. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator DEPUTY ENGINEERS REPORT FOR AN UPDATE OF THE DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISRTICT DRAINAGE AREA 55 Prepared by Sam Choi Contra Costa County Flood Control And Water Conservation District 255 Glacier Drive Martinez, CA 94553 July 8, 2002 This report supplements the existing engineers report for the update of the drainage fee ordinance of.Drainage Area 55 dated March 1988. I. RECOMMENDATION It is recommended that: A. The existing Drainage Fee Ordinance No. 88-24 for Drainage Area 55 be repealed. B. A new Drainage Fee Ordinance for Drainage Area 55 be adopted. II. DRAINAGE AREA LOCATION AND DESCRIPTION: Drainage Area 55 is located in the western portion of the City of Antioch. The area's approximate boundaries are Somersville Road to the west;Nortonville Pass and Sand Creek to the south, Lone Tree Way, G Street, and L Street to the east; and San Joaquin River to the north. A specific location is shown on Contra Costa County Flood Control and Water Conservation District Drawing D-12606. The drainage area contains approximately 8,000 acres. The northerly portion of the area is a relatively flat alluvial plain with typical bay tidelands adjacent to the San Joaquin River. Development in this portion has been mainly industrial and commercial. The southerly portion of the watershed is mainly residential and agricultural in nature, with some commercial and industrial development, 3. REASONS FOR CHANGE IN DRAINAGE FEE The current drainage fee ordinance No. 88-24 which has a drainage fee of$0.34 per square foot of impervious surface, was adopted in 1988. This fee was based on 1988 base prices and inflated to 1.990 price assuming that major construction would take place in 1990. Since that time construction costs and land value in the area have risen considerably. The revenue to be generated by the current drainage fee of$0.34 per square feet of impervious surface area is not sufficient to complete the proposed drainage facilities in the Drainage Plan of DA 55. The new fee ordinance proposed for Drainage Area 55 is based on the current construction and land costs, and should be sufficient to complete the planned improvements. 4. COST ESTIMATE A detailed cost estimate of drainage facilities to be constructed is attached as Appendix-A. The total cost is broken down as follows. Construction cost $ 4,527,000 Right of Way cost $ 354,000 Admin. and Engineering cost $ 827,000 Cost for ordinance process $ 211,000 Contingencies $ 453,000 Zone Plan Engineering $ 30,000 Cost Reimburse to collecting agencies $ 32,000 Invested fund and cash on hand $ 992,100(-) TOTAL PROJECT COST(2001 price) $ 5,442,000 5. CALCULATION OF THE PROPOSED DRAINAGE FEE Total project cost of the proposed flood control improvements($5,442,000) divided by the total amount of impervious surface(8,483,721 sf)that can be created by new development results in a fee of$0.64 per square feet of impervious surface. This amount is higher than the proposed drainage fee of DA 56 which is $0.58 per square feet of impervious surface. It would be unfair to the new developments in DA 55. A fee of$0.58 per square feet of impervious surface is recommended for adoption. This fee is equal to the fee currently being proposed for DA 56 which borders with DA 5 5 on its easterly side. The shortfall in funds will prevent completion of the total drainage system unless other financing mechanisms are developed. 6. FUTURE UPDATING OF PROPOSED FEE The standard impervious surface drainage fee ordinance has been modified to include a paragraph that authorizes annual fee updates using the Engineering News Record Construction Cost Index(CCI). The update will occur annually on the January 1. The new paragraph is in"Section X, Review of Fees"in the fee ordinance. 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing drainage fee ordinance for Drainage Area 55 is considered an administrative action, it does not fall under the regulation of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the Act's guidelines. APPENDIX-A COST ESTIMATE -Description Quant units Unit Price Amount,$ Marsh to 8th 9t. RR Bridge-add two spans 1 LS $120,000.00 120,000 Flood!hills 6560 sf $9.15 60,000 4-barrel,14`x`7'RCB Ford Dealer,670 feet bang Concrete 3,563 cy $200.00 713,000 Re-Bar 887087 Ib $0.35 310,000 Earth channel @ fairground Excavation 28998 cy 8 231,000 Embankment 8,125 cy 10 81,000 Floodwail 1950 If 100 195,000 !From Rail Road a Fairground to L Street Reach-1 1 LS 34,000 34,000 Reach-2 1 LS 434,200 434,000 Reach-3 I 1 LS 320,0001 320,000 From L Street to Fltzuren Road,1/3 Is already constructed.Below are 213 of ultimate Reach-4 1 LS 295,780 296,000 Reach-5 1 LS 445,742 446,000 Reach-6 1 LS 567,142 567,000 Reach-7 1 LS 372,590 373,000 Reach-8 1 LS 174,983 175,000 Reach-9 1 LS 172,205 172,000 1 TOTAL CONSTRUCTION $4,527,000 RAN for Ford Dealer property I _11 LS 31,500 $32,000 R/W for Fairground 1 11 LS 322,200 $322,000- 2 TOTAL RNV $354,000 A. TOTAL (1+2)-- Construction and RM► $4,881,000 Administration&Engineering A. Misc.development cost,6.3%of item#1 above 285,201 B.Agency inspection fee,4.2%of item#1 above. 190,134 C. E/A cost on public construction,6.6%of item#1 above 298,782 D. RAN acquisition labor and legal cost, 15%of item#2 above. 53,100 3 ADMINISTRATION& ENGINEERING TOTAL $627,000 B. TOTAL( A+3) - Const., RMI', A&E $5,708,000 A.Ordinance Administration, 1 %of item#B above. 57,080 B. District cost for coordination,2%of item#B above. 114,160 C. District cost for zone plan change,0.711/6 of item#B above. 39,956 4 COST FOR ORDINANCE PROCESS 211,000 5 ZONE PLAN ENGINEERING, $30,000 30,000 6 CONTINGENCIES(10%of item #1) $453,000 C. TOTAL(E+4+5+5) $6,402,000 7 Cost Reimburse to collecting agencies(0.5% of Item#C 32,000 8 Cash On Land and long term investment -$992,100 D. TOTAL (C+7+8) Fund required $5,442,000 to build the remaining facilities ORDINANCE NO. 2002- AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 55 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. 88-24 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 55. SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Amended Drainage Plan," dated January, 1988, on file with the Clerk of the Boars! of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 55 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 of the Water Code). SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision and development of property within said drainage 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. SECTION 111 EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts 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 Ordinance No. _. Mage 1 of 4 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 Ili and IV, the Contra Costa County or the city officials 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 $510 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, wants patios, etc., the amount of net increase in impervious surface shall be subject to a fee of $0.58 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections 111 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. SECTION VIII. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercialllndustrial/Downtown Offices acre $23,850 $25,620 Offices(Medium) acre $20,440 $22,840 Offices(Light) acre $17,105 $19,280 Multiple Residential(including Mobile Horne Parks) Less than 2,500 sq. ft. of land per unit acre $18,790 $18,790 2,500-2,999 " unit $1,115 $1,115 3,000-3999 unit $1,275 $1,275 4,000-4999 " unit $1,485 $1,485 5,000-5999 unit $1,700 $1,700 6,000-6,999 unit $1,910 $1,910 7,000-7999 " unit $2;110 $2,110 Ordinance No. Page 2 of 4 8,000+ unit $2,215 $2,215 Single Family Residential 4,000-4,999 sq. ft. of land per unit unit $1,560 $2,500 5,000-5,999 ft „ unit $1,630 $2,605 6,000-6999 " If unit $1,700 $2,710 7,000-7,999 it unit $1,770 $2,815 8,000-9,999 " ftunit $1,875 $2,965 10,000- 13,999 unit $2,060 $3,265 14,000- 19,999 unit $2,430 $3,760 20,000-29,999 unit $3,005 $4,505 30,000 -39,999 unit $3,730 $5,380 40,000 + unit $4,470 $6,200 Agricultural Under 10% of fat impervious Exempt More than 10%of fest impervious $22,740/acre 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 font fee in Section V, and it shall be in addition to the above fee amounts. 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 Vill. 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 funds 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 to reduce the principal or interest of any indebtedness of the drainage area. Ordinance No. Page 3 of 4 SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. Drainage fees previously paid shall be credited as follows: A Where drainage fees have been paid under a farmer 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 ease 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 REVIEW OF FEES. Project cast estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this area. PASSED AND ADOPTED ON September 10, 2002, by the following vote: AYES: NOES: ABSENT: --------------------------------- Chair of the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By. -----....--------------------------------®_-_------ Deputy Ordinance No. Page 4 of 4 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 Order on September 10, 2002, by the following vote: AYES: NOES: ABSENT: ABSTAIN RESOLUTION NO. 2002/ SUBJECT: Repeal of Drainage Fee Ordinance No. 88-24, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 55,Antioch area. Project No.: 7579- 6D8216-01. CDD-CP## 00-91 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, FINDS,DETERMINES and RESOLVES that: On August 6, 2002, this Board set a public hearing to consider the repeal of the existing Drainage Fee Ordinance No. 88-24 and the adoption of a new drainage fee ordinance to increase drainage fees in Drainage Area 55. On September 10,2002, pursuant to the Board's Resolution of August 6,2002,this Board held a meeting to consider the repeal of Drainage Fee Ordinance 88-24 and adoption of a new drainage plan and a new drainage fee ordinance. At which time all written and oral objections presented concerning these actions were considered. No resolutions or ordinances protesting this action were received; and This Board FINDS that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in Drainage Area 55. This Board also FINDS that no written petition for an election, signed by at least twenty-five percent of the registered voters within Drainage Area 55, has been filed. hereby certify that this is a true and Ong.Dept.: Public Works(Flood Control) correct copy of an action taken and Contact Person: Dean Eckerson(313-2271) entered on the minutes of the Board of cc: County Administrator supervisors on the date shown. Community Development-K.Piona Building inspection County Counsel ATTESTED: County Assessor County Treasurer-Tax Collector County Auditor/Controller JOHN SWEETEN, Clerk of the Board of Public Works- Flood Control Supervisors and County Administrator Engineering Services Design Accounting Environmental-T.Torres By G:\GrpData\FidCtl\Administraton\Board Orders12002 B0\80 8-6-02 DA55.doc , Deputy RESOLUTION NO. 20021 Subject: Repeal of Drainage Fee Ordinance No. 88-24, and the Adoption of a new Drainage Fee Ordinance for Drainage Area 55. DATE.: September 10, 2002 PAGE: 2 It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duly and regularly given and all procedures to be followed have been followed, all in accordance with Sections 11 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act and in accordance with the provisions of the Board's Resolution of August 6, 2002. The Board has received no resolutions or ordinance adapted by any affected city objecting to the proposed actions. The purpose of the drainage fees in this resolution is to generate monies to finance drainage improvements in Drainage Area 55 Improvement Plan. The fees will be used to finance the drainage facilities listed in the drainage plan and described in the engineer's report. This Board further FINDS that the activity,ADOPTING and APPROVING the repeal of Drainage Fee Ordinance No. 88-24, and adopting the new drainage fee ordinance for Drainage Area 55 is not subject to the California Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3) of the Act's guidelines; and DIRECT the Director of Community Development to file a Notice of Exemption with the County Clerk and This Board hereby further FINDS that good cause exists for adoption of a new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District area 55 and this Board hereby ENACTS Ordinance No. 20021 This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 88-24. RESOLUTION NO. 2002/ __ __ DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NOs.: 7547-6D8223, 7579-6D8216, & 7566-6D8222 CP NO.: 00-91 ACTIVITY NAME: Drainage Area Fee Ordinance Updates for DA 4813, DA 55, and DA 56 DATE: December 1, 2000 PREPARED BY: Trina Torres This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The purpose of the activity is to increase the current drainage fees for Drainage Areas 488, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. LOCATION: Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). REVIEWED BY: DATE: Cece Sellgren Environmental Planner APPROVED BY: DATE: 1116b Community Development Representative GAGrp0ata\EngSvc\ENV1RO\2000 projectsZEC)Aonly \Determ.Exempt\DA Fee ordinance Updates for DA 488-DA 55-DA 56.docs CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Fine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313.2296 Contact Person: Cece Sellgren - Public V11orks Dept. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 48B, DA 55, and DA 56, County File#CP 00-91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Plan in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Point area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption, Section Declared Emergency(Sec. 15269(a)) General Rule of Applicability (Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) _ Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: Ey: Community Development Department Representative AFFIDAVIT OF PILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Fee$50 Due G:\GrpOata\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\DA Fee Ordinance Updates for DA 4813-DA 55-DA56.doc CAL-tFORNIA ENVIRONMENTAL QUALiTY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor -North Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren - Public Warks Dot. Project Description, Common Name (if any) and Location: Drainage Area Fee Ordinance Updates for DA 488, DA 55, and DA 56, County File#CP 00-91. Project Description The purpose of the activity is to increase the current drainage fees for Drainage Areas 48B, 55, and 56, to provide proper financing to the proposed drainage facilities as per each Drainage Area Pian in order to cover the increased costs of construction. This activity will need General Plan Conformance from the Cities of Antioch and Pittsburg. Project Location; Drainage Areas 48 B, 55, and 56 are located in the east county area. Drainage Area 48B is located in the Bay Paint area (Figure 2). Drainage Area 55 is located in the Antioch area (Figure 3). Drainage Area 56 is located in the Antioch area (Figure 4). This project is exempt from CEQA as a: Ministerial Project (Sec. 15268) Other Statutory E=xemption, Section Declared Emergency (Sec. 15269(a)) General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING;AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trina Torres County Clerk Pee $50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\ CEQAonly\NOE\DA Fee Ordinance Updates for DA 4813-DA 55-DA56.doc ORDINANCE NO. 2002- .. ....................................................................................................................................... ...................................................................................................................................... .. ........ ........ . ::.�:::. .::::: :::::::: .................... DRAINAGE AREA::55:::::::.:...;;:::::<:,. The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Mood Control and Water Conservation District does ordain as follows: MA .... ....................................................................................................................... Kiiii: < :'"id< r €er :.:.... ....: ... ::. :.:: :::.;.;:;tom:..... . .; SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 55, Boundary Map and Amended Drainage Plan," dated January, 1088, 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 55 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act (Chapter 03 of West's Appendix of 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 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. SECTION Ill EXEMPTIONS. The fee shall not be required for the following: 1) to replace a structure destroyed or damaged by fire, flood, winds or other acts 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 mare 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 Ordinance No. Page 1 of 4 been fully paid previously. SECTION IV FEE DEFERMENT. 4n 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 Ill and IV, the Contra Costa County or the city officials 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 b ' 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, walks atigx, tc., the amount of net increase in impervious surface shall be subject to a fee of <:>, .. < er square foot, but not to exceed the amount required under Section VI I. SECTION VI SUBDIVISIONS. Except as permitted under Sections Ill 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. SECTION VI1. FEE SCHEDULE Unit Measure Building Permit Subdivision Commercial/industrial/Downtown offices acre Offices(Medium) acre Offices(Light) acre Multiple Residential(lncluding Mobiie Home Parks) Less than 2,500 sq. ft. of land per unit acre <<' < <> 2,500-2,999 It If unit 3,000 -3999 rr rr unit 4,000-4999 it unit 5,000-5999 rr r, unit 5,400-6,999 unit 7,000-7999 ,r rr unit Ordinance No. Page 2 of 4 unit •' �,( • ,pip$:: Single Family Residential 4,000-4,899 sq. ft.of land per unit unit }: 5,040-5,999 f1 14 unit ; 6,000-6999 ift1 unit > .>...::.. a,>;:>: :• 7,040-7,999 71 unit €< lY: .............. 8,000-9,998 unit 10,000-13,999 of unit 14,000- 19,999 of p unit 24,000-29,999 7, unit 30,000-39,999 unitfi' 40,000 + ,1 ,7 unit ►+? `<>' # ' Agricultural Under 10%of lot impervious Exempt More than 10%of lot impervious cre developed portion Can 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. 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 Vill. 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 funds 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 drainagefacilities within the drainage area or to reduce the principal or interest of any indebtedness of the drainage area. Ordinance No. Wage 3 of 4 SECTION IX. CREDIT FOR PREVIOUS PAYMENT OF FEES. 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. ....... ........:::::•:::::::::: WST ii"iii:•is.iii•.••ii::j:< > $ $:<i:::ii:'i:•iiTiiiiiiiiiiiiik ifiiiiii'6:•i'•i:J:4i:Piiiiiiiii?:ii'•xii'•i•i:CC' ear M. ;:: ice .............. .................rw.........i.::::::x:::x: .i::::::i;:y i/•kp;.. { of v ..........::ii•,.;•. Y •.:•?....:.:......... n.. .. �. . .... ' :� : :�<.:••' ung....... ; > EFFECT#VE DATE. This ordinance becomes effective 60 days after passage, ::::;.,,,::.:..::: ...: ........ "id....viiit�..Tf.`fis.--lays of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this area. PASSED AND ADOPTED ON '„'# #:;by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By: ----------------------------------o__----------- Deputy Ordinance No. Page 4 of 4 r , 2� .41id+4i Yi.iVOF im+ 9m 0=91r DRAUQY.Z AM 55 The Board of Supervisors of Contra Costa County as the governing body of the Contra Costa County Flood Cot-itral and. Water Conservation District does ordain as fellows: SEMO i I. DPAMM PLAN. 7be drainage plan and map entitled "Drainage Area 55, Boundary Map and Drainage Plan", dated January, 1988, on file with the Clerk of the Herd of Supervisors, is adopted as the drainage plan for the Contra Cita County Flood Control and Water Conservation District Drainage Area 55 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) SECT ON II. FII4Dn4GS. ?bis Hoard fins and determines that said drainage area has inadequate drainage facilities; that future subdivision and devel.c:prent of property within said drainage area will have a significant adverse inpact: on ads-ting and future developnents; that develcpment of property within the drainage area, with its resultant increase in impervious surfaces, will require the construction of facilitiesdescribed in the drain plan; that the fees herein provided to be duUged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drab-age area on the basis of benefits conferred on property open which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimted total cats of all drainage facilities shown on the drainage plan; and that the drain facilities planned are in addition to existing drain facilities already serving the drainage area at the time of the adoption of the drainage plan. SEMON Ill. E MWITCNS. the fee shall not be required for the following: 1) 7b replace a structure destroyed or damaged by fire, flood, wins or other act of Card, provided the resultant stricture has the saw, or lei imperxvious surface as the original strucbim; 2) To modify sat:c:%=b res or other J=ervio us surfaces, provided the amount of groin coverage is not u=wme i by more than: 100 square feet; 3) To convey land to a govm=ent agency, public ORDINANCE ND = Page 1 of 4 fi z r • !R` w - ! - wee eta wt • :r. • ! "' f!` r! r • _ � • .• ^f? • • *• ! 7++lam• •_ sf • 1 •- ! r All 0 !... � _ � • `! .ah !� . �:,, ass � � •: �• _ • - •. •_ - - sate• i : w - u!- ! _ ^�` •` f # !: _ -No ...1•! •� !' • • 11. 4 • ! !•!' !.!It • • « •" ff,_. - a�-4.., '.,'.�. !' • -fie a• 444 • « � 4.4 • i�� 4.4 • • 444 ! i • 4.4 ^L Mil 444 • e• • # •- t " 1 4 444 ! M 4 6,000 to 61999 7,000 to 7,999 8,000 to 91999 10,000 to 13,999 14,060 to 19,999 20,000 tO 29o999 30,000 to 39,999 40,000 + AgrJ rte l Under 10% of lot impervious E*Mvt More than 10% of lot i pervious $19,1' a of developed portion On single family lots, bairns arsd &heft in exciass of 400 squarre feet and teruds ar d sports ora s shall not be considered as incidental residential facilities included in the above fee s+d" le. The dra in&W fee, for,11W.pei. � F of these facilities in excess of 400 scuam feet shall be calculasted using the square foot fee in Section V, and it shall be in addition to the above fee amts. For the purpose of this ordinance, subject to Section VZ, lot size shall be: (1) for existing lots, that land shown on the lat st equalized assessment roll ars a lot, or (2) for new subdivision lots, that land shown on the final or parol 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 how parks) the "square feet of lard per unit" shall be the quotient obtained by dividing the lot size in square fent by the rxtsrsber of dwelling units prvposed to be ars the lot. SEMCK VIII. . FEE PAYMERr. It* official having jurisdiction may accept casts or check, or, when authorized by the District's Chief Engineer, other consideration :such as actual duction of a part of the planned drain facilities by the applicant or his principal. All fees collected hereunder shall be paid into the Cbunty Treas;uxy to the aoocemt of the drain: facilities fund established for the drainage area. Monies in said fund shall be expended solely for land aciquisition, construction, engineering, administration, z+ it maintenance and operation or reimbursement for the , in whale or in part, of planned drainage facilities within the drainage area or to reduce the principal or interest of any bonded indebtedness of the drainage area. SWT CK IX. CREDIT. Drainage fees previously paid shall be credited as follows: a) - a drainage fees have been partially paid under a former Ordinance, fees shall not be required for any part of the total a for whish the fee was paid. ----____- b) mere drainage fees have been paid other than pursuant to an adopted drainage fee ordunanoe, edit shall be givers for the dollar amotmt of the fee paid for the develapnent site. ORDINANCE NO--9t---2-*... Page 3 of 4 -- L c) Mwre drainage few havae been paid p rmu* t -diis txt."dil7mT m or car Crdi.rwce based cn impervious surface, the c edit dvall be based an the arc fnanx- in effect at the time of the additiwal paymwit. ON IF. EFEM VE l3AI'E. This ordirmwe beocnes effective 60 days after passage, and iiath.an 15 days of passage shall be published once with the names of supervisors voting for and against it in the Antioch Daily Ledger, a Wiper published in this ccxx T y. PASSED AND ADC3PTED CNS by the folly vats: AYES: Supervisors Powers , Fanden , McPeak , Torlaks'on & Schroder NOES: None ABSEIJ: None Chairman of the Board ATTEST: RAW Administamter By- Deputy VE:Sj UK:DA550rd.t4 1/'x/8$ ORDINANCE NO.--8-8-24- Page 4 of 4 00 13 2'. r Z z a 0 ----- n f*? CTI ;c[�; a r p a � UO UO 0 C::4 o r � c� n 0 Loc ).role t t t s t 9 t � 1 Y.: t 'd l •'""�h�y �*' X 1 4 i �l /r r HIGHWAY 4: •rr� t 013 i , r tt• � '� 1' D� mp,P �. 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'cS` � � tirnUrn-t>1rw1.G fplu•�/u+unrr, 1sY�Ii s ltVt �yi\trJttty L �i 4s�tid �,tva,itllif6tirr.4. �d{!f x 1\t1yKfR{)py'// {)�, � •,}y`�I �vp\l'1Ct1V iI� 1ii r �(tr ��� �!t ,. dl�u1V111tt �,=v+11S t y\�.: f f a axa �n'bx4'�,'f ''�i i Vtll (!7irl✓ip � ��."�'� •.'�,��,`�` �� � ,r. t3 #. {li ..... \V`��, }J �Cy h3)Irk 1„ �. ?J/Jrrjr�i y:r )tBrirap ell /101 Mo �. i �\t,,,, i y�, iS1�1 qrlll A1;tN1E u w '•f: . 3 �x t���i��1�����31 2 (j ♦f .1 �t f/f f �J!/1 f f f f��f 1wf i i y� � .... `, 00 ItE ..fxa -eaf CONTRA COSTA COUNTY •. n.rz c r•ua 'DRAiNAl1H AREA 89o ea xaa zaaa waa racy PUBLIC WORKS DEPARTMRNT p VEL4PMHNT STATUS FOR �• ••- 'ri�ucacc A rbnnurax exvu xx-H.tnvrnri;N IMNCKM NKr crow Lc».c.w,< ,�...w CSRAINAE FEE ESTIMATE SCA1E r w,anto-xx»N1vf «fsu..�« NAfI'tMff.i.ALI10NNid .r41 rY4bP Cwt.e+Ce3tsCNet> i )� ')dt'v✓ � t��$'t's.,.� ����� a�b�b t�frbi�,^�')� i� �,• � �A [ r♦ f s t ;w P'........ j� �t��s�,t�� �f��w�rr Rz' iie.r[t s ►s f€i 1 t � wi}1 _ �� lt! t +t•A•a _ � � R � '�i - 6 lot." .w s •I � �fa u� rf4� i r v e:� �" �. a {� �is �' r,., 3 i < ��� • �ws � am !� �.� }�•„b # fist I t Ott f 1 bk fekwt •a _ WIN } t �t s +� ���■��� � � i � � }[ �, i � � � � � ~kms y r•• Ff""1���s• r; ar sr � t k •.� f 1j„& e t � u k+ n> r :.x+ < f � 4 \ s^ t �.'ff/ �' . ♦ �"-"��i « Pf _ i zz �1 a �: W1 f i 1 � r � x fi 1'11 ••kms �!� still IFP - t '•''y;;��'�j'4fati. �z rr� �►` a b r �� t , �yl 1;1 i o i 4a�' �¢ d' Ow.wo rt�$�: i�5 r♦�sg. 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