Loading...
HomeMy WebLinkAboutMINUTES - 06282011 - SD.6PDF Return SD. 6 To:Contra Costa County Flood Control District Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:June 28, 2011 Contra Costa County Subject:Adopt Resolution amending the Flood Control Zone 1 Plan, Oakley and Brentwood areas. (100% Drainage Zone Funds) Project No. 7521-6D8393, CDD–CP# 09-88 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/28/2011 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 Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact:Lawrence Leong (925) 313-2026 cc:S. Ybarra, Auditor–Controller’s Office H. Li, Dept. of Conservation & Development C. Roner, Flood Control L. Leong, Flood Control K. Birden, Environmental A. Clark, PW Finance C. Windham, Flood Control 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: June 28, 2011 David Twa, BY:, Deputy RECOMMENDATION(S): OPEN a Public Hearing today at 10:00 a.m. in Room 107 of the Board of Supervisors’ Chambers, Administration Building, 651 Pine Street, Martinez, California, to hear if there are any objections to amending the Contra Costa County Flood Control and Water Conservation District (FC District) Zone 1 Plan, and ADOPT Resolution 2011/271 approving the Flood Control Zone 1 Plan Amendment 3, and RECOMMENDATION(S): (CONT'D) FIND that Flood Control Zone 1 Plan Amendment 3 by the FC District is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Article 5, CEQA guidelines, Oakley and Brentwood areas. (100% Drainage Zone Funds), and DIRECT the Director of the Department of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Chief Engineer, FC District, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: The three detention basins have been or will be constructed by developers. The FC District will be responsible for funding all basin maintenance by a portion of the Flood Control Zone 1 tax revenue. This project is funded by Flood Control Zone 1 Funds (100%). BACKGROUND: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as Act, provides authority for said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. On April 14, 1992, the Drainage Fee Collection, Right of Way and Maintenance Agreement with the City of Brentwood was approved. In 1994, the Flood Control Zone 1 Plan was amended (Amendment 1) to add several regional detention basins. In 2006, Flood Control Zone 1 Plan was amended again (Amendment 2) to remove two detention basins and transfer ownership and maintenance of those basins to the City of Oakley. This Board has before it for consideration the proposed amendment for Flood Control Zone 1, Amendment 3. This plan amendment consists of an updated map, Engineer’s Report, and CEQA documentation. This project consists of amending the plan for FC District Flood Control Zone 1, which encompasses approximately eighty square miles of East Contra Costa County. This plan amendment will add three regional detention basins and their related outfall works to the current Zone 1 plan. The three detention basins are needed to continue flood protection for the region that was once made up of predominantly agricultural lands, but has developed into medium density single-family residential parcels thus requiring additional flood control facilities. The FC District’s Drainage Fee Collection, Right of Way and Maintenance Agreement with the City of Brentwood, established with County Resolution No. 92-11, states that the FC District will accept and maintain, in fee title, the three detention facilities along with other drainage facilities listed in Appendix C of the agreement. In addition to the three basins, related drainage facilities (open channels) need to be appended to the Zone 1 plan. The three detention basins have been or will be completed by private developers, and will be the FC District’s responsibility to maintain with Zone 1 funds. CONSEQUENCE OF NEGATIVE ACTION: Should this be denied, the FC District will not be in compliance with the Drainage Fee Collection, Right of Way and Maintenance Agreement with the City of Brentwood, which was approved in April 14, 1992. If the Flood Control Zone 1 Plan is not amended, the FC District will not be able to accept these facilities for maintenance in accordance with the 1992 agreement. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM CLOSED the Public Hearing; ADOPTED Resolution 2011/271 approving the Flood Control Zone 1 Plan Amendment 3; FOUND that Flood Control Zone 1 Plan Amendment 3 by the FC District is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Article 5, CEQA guidelines, Oakley and Brentwood areas; DIRECTED the Director of the Department of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZED the Chief Engineer, FC District, or designee, to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. AgendaQuick©2005 - 2021 Destiny Software Inc., All Rights Reserved ENGINEER'S REPORT FOR AMENDMENT NO. 3 TO THE FLOOD CONTROL ZONE PLAN FOR CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT ZONE 1 PREPARED BY LAWRENCE LEONG CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CA 94553 MAY 2011 ENGINEER'S REPORT – FLOOD CONTROL ZONE 1 – AMENDMENT 3 MAY 2011 PAGE 1 1. RECOMMENDATION It is recommended that: a. The Contra Costa County Flood Control and Water Conservation District (FC District), Zone 1 Plan be amended by the addition of three regional detention basins and their related outfall works in accordance with the Drainage Fee Collection, Right of Way and Maintenance Agreement with the City of Brentwood approved April 14, 1992: 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 June 28, 2011. 2. FLOOD CONTROL ZONE LOCATION AND DESCRIPTION Flood Control Zone 1 is located in East Contra Costa County and encompasses the Marsh Creek 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 accordance with the FC District’s Drainage Fee Collection, Right of Way and Maintenance Agreement with the City of Brentwood, established with County Resolution No. 92-11, the FC District is to accept and maintain, in fee title, the drainage facilities listed in appendix C of the agreement. Some of these listed facilities are not yet part of the Zone 1 plan. As such, the plan needs to be amended to reflect the maintenance expectations of the local jurisdiction. ENGINEER'S REPORT – FLOOD CONTROL ZONE 1 – AMENDMENT 3 MAY 2011 PAGE 2 Specifically, this zone plan amendment adds three detention basins as shown on the Drainage Area 52C (DA 52C) Boundary Map and Drainage Plan Amendment 3 (Drawing FD-3211). All three detention basins will have or have been completed by developers, and will be the FC District’s responsibility to maintain with the Flood Control Zone 1 funds. It is important to note that the DA 52C plan shows four basins. When the surrounding area developed, basins #3 and #4 were combined into one larger, easier to maintain basin. In addition, the basin at Sellers Avenue and Chestnut Street is bisected by Red Haven Street. This basin, while appearing as two, is really one basin with a road through the middle of it. As such, there are three detention basins (not four) being added to the Flood Control Zone 1 plan. Background Information: In 1994, the Flood Control Zone 1 Plan was amended (Amendment 1) to add several regional detention basins. In 2006, Flood Control Zone 1 Plan was amended again (Amendment 2) to remove two detention basins and transfer ownership and maintenance of those basins to the City of Oakley. 4. PROJECT FINANCING The three detention basins have been or will be constructed by developers in DA 52C using DA 52C funds or fee credits. Upon completion and acceptance of each basin, the FC District will assume maintenance of the facility. This maintenance will be funded by a portion of the Flood Control Zone 1 tax revenue. 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT It has been determined that this activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Article 5, CEQA guidelines. LL:cw G:\fldctl\Watershed Planning - Engineering\Zone 1 - Marsh\2009 FCZ1 Plan Amendment\Amend 3 LL Files\FZ1 Engr Rpt Amend 3 Final 052411.doc Attachments:  FCZ 1, Amendment 3 Zone Plan Revision (11x17 reduced copy)(the original 24x36 will be on file at the FC District) References  County Resolution 92-11 and Maintenance Agreement with the City of Brentwood (on file at the FC District)