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Home My WebLink AboutMINUTES - 08152006 - C.32 _o� TO: BOARD OF SUPERVISORS, AS GOVERNING �; �_ Contra BOARD OF THE FLOOD CONTROL& WATER r y- CONSERVATION DISTRICT Costa FROM: MAURICE M. SHIU, CHIEF.ENGINEER o•• ��`14� ° rA COUP County DATE: August 15, 2006 I SUBJECT: Approve the Drainage Fee Collection, Right-of-Way, and Maintenance Agreement between the Flood Control and Water Conservation District and the City of Oakley for Drainage Areas 29C,29D;29E,29G, 29H, 30A5 30B, 30C;52D and 56;Accept the Engineer's Report; and Fix a public hearing to amend the Flood Control Zone 1 Plan to allow the transfer of three Detention Basins, in the Oakley area. I SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I RECOMMENDED ACTION: I 1. APPROVE and AUTHORIZE the Chair, Board of Supervisors, as governing board of the Contra Costa County Flood Control and Water Conservation District (District), to execute a Drainage Fee Collection, Right-of-Way, and Maintenance Agreement (Agreement) between the District and the City of Oakley (City), effective August 15, 2006, and!continuing in perpetuity. 2. ACCEPT the Engineer's Report. I I 3. FIX September 26, 2006, at 9:30 a.m. in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, as the time and place for the public hearing on the proposed amendment to the Flood Control Zone (FCZ) 1 Plan to allow the transf n ion basin the City as outlined in the Agreement. CONTINUED ON ATTACHMENT: ❑x SIGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOn1M. 'DATION OF BOARD COMMITTEE. APPROVE OTHER I SIGNATIJRF..(S): ACTION OF BOA6)l .2A-04PROVED AS RECOMMENDED OTHER Lli VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT / COPY OF AN ACTION TAKEN AND ENTERED ON V UNANIMOUS(ABSENT �77C� 1 ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact:R.Mitch Avalon(925)313-2203 I RMA:GC:cw G:\FIdCtl\Board Orders 2005 Onward\2000 BO\DA 29CDEG H 30ABC52D56 Agmt. ATTESTED BO 8-15-06.doc JOHN CULLE CLERK OF THE BOARD OF SUPERVISORS cc: County Administrator . County Assessor County Auditor—Controller Public Works BY:. DEPUTY Greg Connaughton,Flood Control Maintenance Division Joe Brandt,City of Antioch Bailey Grewall,City of Brentwood Jason Vogan,City of Oakley i I SUBJECT: 'Approve the Drainat*Fee Collection, Right-of-Way, and lsenance Agreement between the Flood Control and Water Conservation District and the City of Oakley for Drainage Areas 29C,29D, 29E,29G,29H,30A,30B,30C, 52D and 56;Accept the Engineer's Report;and Fix apublic hearing to amend the Flood Control Zone 1 Plan to allow the transfer of three Detention Basins, in the Oakley area. DATE: August.15, 2006 PAGE: Page 2 of 3 . 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 amendment to the zone plan 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 FCZ 1. Publication shall be completed at least seven (7) days prior to 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 Section 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. I FISCAL IMPACT: No impact to the General Fund. Drainage Area fees are collected by the City and transferred to the District to build drainage facilities. The Agreement provides for the payment of a"collection fee"to the City at 0.5 percent of the drainage fees collected. This collection fee will be funded with Drainage Areas 29C, 29D, 29E, 29G, 29H, 30A, 30B, 30C, 52D, and 56 fee revenues. The Agreement also provides for the transfer of Drainage Area Benefit Assessment Districts 290, 300 and 520 to the City, including accrued funds and future revenue. These funds are used to fund maintenance ofjexisting drainage facilities in the City. REASONS FOR RECOMMENDATIONS AND BACKGROUND: I Prior to the incorporation of Oakley, the District formed'ten drainage areas that now include portions of the City. As part of the incorporation of Oakley, the LAFCO approval required the City to support District approved drainage fee increases and other drainage area ordinance revisions designed to repay any existing debts to the District and to continue to collect drainage area fees in the same manner as the County. The City has collected the drainage area fees as required by the LAFCO. However, the LAFCO did not establish a protocol for transfer of the.collected fees to the District and did not provide for acceptance and maintenance of the completed drainage area facilities. The.D'istrict and the City have negotiated the Agreement to establish.the mechanism for fee transfer, the process for right of way acquisition and conveyance and responsibility for maintenance of completed drainage area facilities. In addition, the City has requested the District to establish, in the Agreement, a process for transferring control of three FCZ 1 detention basins and their related outfall works to the City; and has asked the District to act expeditiously to accomplish the transfer of the detention basins. The District must revise the FCZ 1 Plan to eliminate the detention basins located in Oaklley before the basins can be transferred to the City. I The City Council has approved the subject Agreement that provides for fee transfer, right of way acquisition and conveyance and responsibility for maintenancIe of drainage area facilities. I i SUBJECT: Approve the Drain*FeeCollection, Right-of--Way, and ltenance Agreement between the Flood Control and Water Conservation District and the City of Oakley for Drainage Areas 29C,29D, 29E,29G,29H,30A, 30B,30C,52D and 56;Accept the Engineer's Report;and Fix apublic hearing to amend the Flood Control 'Zone 1 Plan to allow the transfer of three Detention Basins, in the Oakley area. DATE: August 15, 2006 PAGE: Page 3 of 3 CONSEQUENCES OF NEGATIVE ACTION: Clarification provided by the Agreement would not be available. Without a hearing, the FCZ Man cannot be revised and transfer of the District detentionbasinsand their related outfall works to the City will not be accomplished. I I I I I I I I I . I I j - I I I I I I I j I I I I ENGINEER'S REPORT FOR AMENDMENT NO. 2 TO THE FLOOD CONTROL ZONE PLAN FOR CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 1 PREPARED B1'BOB FARAONE CONTRA COSTA COUNT)'FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ,CA 9455; AUGUST 2006 1. RECOMMENDATION. It is recommended that: a. The Contra Costa County Flood Control and Water Conservation District, Zone 1 Plan be Amended by transferring control and title of three Flood Control Zone 1 detention basins and their related outfall works to the City of Oakley in accordance with the Drainage Fee Collection, Right of Way and Maintenance Agreement with the City of Oakley approved August 15, 2006: and, b. The Notice of Exemption for the amendment of the Flood Control Zone 1 Plan be certified at the time of the Public Hearing for the amendment which is set for September 26, 2006. 2. FLOOD CONTROL ZONE LOCATION AND DESCRIPTION Flood Control Zone 1 is located in East Contra Costa County and encompasses the Marsh Creel: Watershed. The major creeks in this watershed are Marsh Creek, Dry Creek, Deer. Creek and Sand Creek. Flood Control Zone 1 encompasses approximately eighty square miles. The topography of the watershed can be split into two distinct areas: the upper hillside areas to the west and south..and the valley floor to the north and east. The upper watershed is steep with rocky slopes covered with annual grasses and trees. Much of this land is used for grazing. The valley floor is characterized by nearly flat slopes. Much of this land, which was once made up of orchards. truck farms and row crops, is now rapidly developing into medium density, single family residential parcels. The City of Brentwood. the southeast portion of the City of Antioch and a portion of Oakley are located within Flood Control Zone 1. 3. REASON FOR THE FLOOD CONTROL ZONE PLAN AMENDMENT In 1994 the Flood Control Zone 1 Plan was amended (Amendment 1) to add several Drainage Area detention basins to the Zone Plan. In July 1999 the City of Oakley incorporated assumed maintenance responsibilities for Drainage Area facilities built by or for the Flood Control District. In conjunction with the recent approval of the Drainage Areas Fee Collection, Right of Way and Maintenance Agreement for Drainage Areas (DA) 29C. 29D, 29E, 291-1. 30A. 30B. 30C. 52D and 56. the City has agreed to maintain all the subregional drainage facilities within its incorporated limits. As part of the agreement the City requested ownership and operation of three of the Zone 1 detention basins so they could develop secondary recreational uses. The three basins-are DA 30A Brown Road Basin and Laurel Road,Basin and DA 30C Freedom Fligh ENGINEER'S REPORT-FLOOD CONTROL ZONE I-AMENDMENT 2 AUGUST 2006 PAGE School Basin. Before the basins are transferred the City will develop Operation and Maintenance manuals for each basin assuring the Flood Control District that the primary flood control characteristics of each basin will be paramount to any other secondary uses by the City. With transfer of the basins the City will assume ownership, maintenance, liability and financial responsibilities for the three basins. 4. PROJECT FINANCING The three detention basins have been constructed with developer funds and no further Flood Control District improvements or funding is necessary. The City will be responsible for funding all basin maintenance and/or recreational improvements. 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT It has been determined this activity is not subject to the California Environmental Quality Act (CEQA)pursuant to Section 15061(b)(3) of Article 5, CEQA guidelines. RVF:kg G TIdC RDMEngineer's Reporis\ ZI.Amend 2.doc Attachments