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Home My WebLink AboutMINUTES - 04272010 - C.13RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, to transfer Marsh Creek Watershed regional drainage fees collected and held in the Drainage Areas 30A, 30B, 30C, 52A, 52B, 52C, 52D, 104, 105, 106, 107, and 108 facilities funds to the Drainage Area 130 (DA 130) facilities fund. (Various Drainage Area Funds) FISCAL IMPACT: There is no impact to the General Fund. Drainage fees have been collected for the implementation of the Marsh Creek Regional Drainage plan and will be spent for that purpose. BACKGROUND: The Marsh Creek watershed encompasses approximately 82 square miles in eastern Contra Costa County. The creek begins on the north flank of Mt. Diablo and flows north-easterly to its outfall to the San Joaquin River at Big Break. Five tributary streams: Upper Marsh, Briones, Dry, Deer, and Sand Creeks arise in the western and southern portions of the watershed and flow APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/27/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Paul Detjens (925) 313-2394 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 27, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: EMY L. SHARP, Deputy cc: Richard Seithel, County Administrator's Office, Linda Wilcox, County Counsel, R. Mitch Avalon, Deputy Chief Engineer, Wanda Quever, Finance, Adrienne Clark, Finance, Paul Detjens, Flood Control, Tim Jensen, Flood Control, Catherine Windham, Flood Control C.13 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 27, 2010 Contra Costa County Subject:Transfer of Marsh Creek regional drainage fees to Drainage Area 130, Antioch, Brentwood, and Oakley Areas. Project No. 7562-6D8425 BACKGROUND: (CONT'D) easterly to the main channel of Marsh Creek. Flood events in 1952 and 1955 caused extensive agricultural flood damage in the flat portion of the watershed and led to the development of the Marsh-Kellogg Watershed work plan by the Eastern Contra Costa Soil Conservation District, the Contra Costa Soil Conservation District, and the Contra Costa County Flood Control and Water Conservation District (FC District) with the assistance of the U.S. Department of Agriculture Soil Conservation Service. Structural measures were constructed in the 1960s and early 1970s, including three detention basins and 36 miles of flood protection channels. Since the improvements were intended to protect agricultural lands in the floodplain, the basins and channels were designed to provide protection from the 2 percent chance flood (adequate to contain peak runoff from the 50-year recurrence storm event) with one foot or more of freeboard. The structural improvements were expected to contain the 100-year runoff event without freeboard. Impervious surfaces proliferated in the floodplain during the 1970s due to significant commercial and residential development on the more permeable agricultural lands leading to increased storm runoff to Marsh Creek. Beginning in 1978, the FC District formed drainage areas, adopted plans of improvement, and established drainage ordinances requiring the payment of fees to mitigate the effects of development. Although the drainage area plans, located in small subwatersheds, were adequate for local drainage requirements, they did not address the limited capacity of the main channel of Marsh Creek. Overbank flow occurred on portions of the Marsh Creek channel due to a storm in January 1982. As a result, the FC District developed a plan of regional drainage improvements, aimed at preventing flooding along Marsh Creek during peak runoff from a 100-year recurrence storm. In accordance with the “Engineer’s Report for the Formation of the Contra Costa County Flood Control and Water Conservation District Drainage Areas 104 through 108” (Engineer’s Report), dated January 1990, the FC District adopted a regional drainage plan, formed five new drainage areas, and adopted associated ordinances to collect fees for construction of the regional improvements. Also, in accordance with the Engineer’s Report, the FC District amended the existing ordinances for Drainage Areas 30B and 52B to add a regional fee component to help fund construction of the regional drainage plan in addition to the fees for the local drainage improvements. Subsequently, the drainage ordinances in Drainage Areas 30A, 30C, 52C, and 52D were similarly amended. Thus, the fees collected in Drainage Areas 30A, 30B, 30C, 52A, 52B, 52C, 52D, 104, 105, 106, 107, and 108 fund regional drainage improvements and local drainage improvements. On September 11, 2007, Drainage Area 130 was formed as an “overlay” drainage area for the purpose of funding regional drainage improvements in Drainage Areas 30A, 30B, 30C, 52A, 52B, 52C, 52D, 104, 105, 106, 107, and 108. Drainage Area 130 encompasses the entire Marsh Creek watershed, and the DA 130 plan includes facilities that provide regionwide benefit. Regional drainage fees are collected in accordance with the DA 130 fee ordinance and all the regional improvements will be located within Drainage Area 130. The recommended action before the Board would transfer to the Drainage Area 130 facilities fund those regional drainage fees that were previously collected in the other drainage areas and set aside for regional improvements. Fees collected in Drainage Areas 30A, 30B, 30C, 52A, 52B, 52C, 52D, 104, 105, 106, 107, and 108 to fund local drainage improvements for each drainage area would remain in those local drainage area funds. CONSEQUENCE OF NEGATIVE ACTION: Without transfer of the regional drainage fees, there will be insufficient funds available in DA 130 to complete construction of the planned regional drainage facilities. CHILDREN'S IMPACT STATEMENT: