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HomeMy WebLinkAboutRESOLUTIONS - 06191990 - 90/392 (2)22Q THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONStAVATION DISTRICT Adopted this resolution on June 19, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES: None Y ABSENT: None ABSTAIN: None RESOLUTION NO. 9o/ 392 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 104 and the Institution of a Drainage plan, and the Adoption of.a Drainage Fee Ordinance and Credit and Reimbursement Policy therefor, Brentwood Area. Project No. 7505-6F8168. z 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 said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 104 consisting of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Drainage Plan, entitled Drainage Area 104 Boundary Map and Regional Drainage Plan", dated June, 1990 proposed to be instituted for Drainage Area 104. Said documents, which show the general location of said drainage area and 'provide an 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. A proposed drainage fee ordinance, providing for all or partial payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B". It is proposed that,Drainage Area 104 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be adopted. It is further proposed that the Drainage Fee Credit and Reimbursement Policy dated June, 1989 be adopted toe the administration of the aforementioned drainage fee ordinance. At 11:00 a.m. on July 31, 1990 in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said drainage area, the"adoption of the attached drainage fee ordinance and the institution of the drainage plan for the said Drainage Area. At said hearing,this Board will consider and act upon the draft Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 104, the institution of the drainage plan therefor and the adoption the proposed drainage fee ordinance and Credit and Reimbursement Policy for Drainage Area 104. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. aESOLUTIOW No. §0/ 392 Drainage Area 104 June i9, 1990 Page 2 of 2 The Clerk of this Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Brentwood News a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. 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 exterior boundaries of the proposed drainage area include lands within the Cities of Antioch and Brentwood. The Clerk of this Board is DIRECTED to forward to the governing body of said Citya 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 Section 54986 a) and 54992 (1). Said mailing shall be performed at least fourteen (14) days prior to the hearing. I hereby certify that this is a mis and correct copy of an action taken agnj d entered anj the minuten of the Board of Supervlst U n1th d 1J own. ATTESTED: aJ PHIL BATCHELOR,Clerk of the Board at Supervisors and County Administrator 6-M A paPtrty Orlg. Dept:Public Works (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 F. Scudero, Drainage Fees City of Antioch City of Brentwood Ralph Garrow &Cardinale P.O. Box 367 Antioch CA 94509 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Steve Millar Warmington Homes 31'60 Crow Canyon Place, Suite 200 San Ramon, CA 94583 SK:dmw c:1DA1DA104Not.Re9 RESOLUTION NO. 90/ 392 EXHIBIT "A" Contra Costa County Flood Control and Water Conservation District Drainage Area 104 All that real property situated in Contra Costa County, California, the boundary of which is described as follows: All references to maps, boundary lines, ownerships, and acreages are to records of said County. Beginning at the centerline intersection of San Jose Avenue and Fairview Avenue shown respectively as "ROAD No 10" and "ROAD No 11" on the map of"Subdivision Number Six of Brentwood Irrigated Farms Amended"filed August 4, 1920 in Book 17 of Maps at page 373; thence from the Point of Beginning, along the centerline of Fairview Avenue (ROAD No 11), south 000 02' west 1,274.2 feet, to the westerly prolongation of the south line of Lot 216, "Subdivision Number Five of Brentwood Irrigated Farms Amended" filed August 4, 1920 in Book 17 of Maps at page 372; thence along said prolongation and southerly lines of Lots 216 and 217 of said Subdivision (17 M 372), north 890 37' east 2,624.2 feet, to the centerline of Minnesota Avenue shown as "SUBDIVISION ROAD G" on said map 17 M 372); thence along said centerline, south 000 02' west 26 feet, to "Point D-7" on the control line of "Deer Creek Parcels 56d, 59b, 1-4, 5a and 6" as described in the deed to Contra Costa County Flood Control and Water Conservation District (hereinafter referred to as C.C.C.F.C. & W.C.D.) recorded December 1, 1965 in Volume 5004 of Official Records at page 541; thence along said control line and its easterly prolongation, south 890 19' 37" east 1,610 feet, more or less, to the west line of C.C.C.F.C. &W.C.D. Drainage Area 52A adopted July 25, 1978 by Contra Costa County Board of Supervisors hereinafter referred to as Board) Resolution 78/737; thence along said west line, in a general northerly direction 2,550 feet, more or less, to the northeast line of said Drainage Area 52A; thence along said northeast line, southeasterly 56 feet, to the most western corner of C.C.C.F.C.& W.C.D. Drainage Area 52B adopted July 24, 1979 by Board Resolution 79/746 (The northwest line of said Drainage Area 52B is herein defined as being the southeasterly line of the series of strips of land described as "PARCELS 39-51 and 52-59 INCLUSIVE" in the Lis Pendens Action No. 86177, C.C.C.F.C. & W.C.D. versus Englund Equipment Co., Inc., et al recorded March 17, 1965 in Volume 4825 of Official Records at page 602); thence along the northwest line of said Drainage Area 52B, in a general northeasterly direction 5,150 feet, more or less, to the west line of C.C.C.F.C.& W.C.D. Drainage Area 52C adopted August 30, 1983 by Board Resolution 83/1011; thence along the west line of said Drainage Area 52C, in a general northerly direction 150 feet, more or less, to the most southern corner of C.C.C.F.C.& W.C.D. Drainage Area 30B adopted December 11, 1979 by Board Resolution 79/1224; thence along the west line of said Drainage Area 30B, northerly 80 feet, more or less, to the south line of C.C.C.F.C.&W.C.D. Drainage Area 30C adopted January 23, 1979 by Board Resolution 79/80; thence along the south line of said Drainage Area 30C, in a general Drainage Area 104 Exhibit "A" westerly direction 16,095 feet, more or less, to a point on the centerline of Sand Creek Road, being the common corner of Sections 3, 4, 9, and 10, Township 1 North, Range 2 East, Mount Diablo Meridian; thence along said centerline, north 117.53 feet, to the south line. of Amended Boundary of C.C.C.F.C.& W.C.D. Drainage Area 56 adopted March 10, 1987 by Board Resolution 87/136; thence along said south line, in a general westerly direction 14,963 feet, to a point on the southerly prolongation of the west line of that parcel of land deeded to George S. and Martha S. Graham recorded January 7, 1966 in Volume 5031 of Official Records at page 83; thence along said prolongation, northerly 800 feet, to the south line of C.C.C.F.C.& W.C.D. Drainage Area 55 adopted March 8, 1988 by Board Resolution 88/116; thence along said south line, in a general southwesterly and westerly direction 23,334 feet, to a point on the south line of Section 4, Township 1 North, Range 1 East, that bears westerly 1,320 feet from the south quarter corner of Section 4; thence leaving the south line of said Drainage Area 55 and continuing along the south line of.Section 4, westerly 1,320 feet, more or less, to the northwest corner of Section 9 (T1 N R1 E); thence along the west line of Section 9, southerly 3,500 feet; thence leaving said west line, north 590 04' west 300 feet; thence south 610 03'west 205 feet; thence north 870 39'west 947 feet; thence south 120 33' west 451 feet; thence south 570 43' west 401 feet; thence south 550 37' east 184 feet; thence south 570 50' east 350 feet; thence south 740 02' east 455 feet; thence south 630 02' east 282 feet; thence south 130 36' east 170 feet; thence south 490 53' west 484 feet; thence south 620 13' east 338 feet; thence southeasterly in a straight line 44 feet, more or less, to a point on the south line of Section 8 (T1 N R1 E) that bears westerly 700 feet from the southeast corner of Section 8; thence south 230 20' east 263 feet; thence south 410 57' east 1,000 feet; thence south 050 32' east 779 feet; thence south 410 44' east 1,025 feet; thence south 640 43' east 1,175 feet; thence southeasterly in a straight line 550 feet, more or less, to the west corner of that 2.021 acre parcel described as PARCEL ONE in the deed to American Telephone and Telegraph Company, a New York Corporation, recorded August 21, 1963 in Volume 4434 of Official Records at page 97; thence along the boundary of said PARCEL ONE the following courses: south 470 38' 10" east 300 feet and north 540 21' 50" east 300 feet to the west line of the southeast quarter of Section 16 (T1 N R1 E); thence leaving the boundary of PARCEL ONE, southerly 1,725 feet, more or less, to the south quarter corner of said Section 16; thence along the south line of Section 16, easterly 290 feet; thence, south 380 04' east 277 feet; thence south 130 03' east 266 feet; thence south 500 59' east 474 feet; thence north 300 40' east 354 feet; thence north 77° 12' east 327 feet; thence south 550 41' east 907 feet; thence south 730 27' east 691 feet; thence south 580 15' east 355 feet; thence south 150 50' east 321 feet; thence south 430 06' east 304 feet; thence south 110 00' west 295 feet; thence southeasterly in a straight line 650 feet, more or less, to a point on the south line of the northwest quarter of Section 22 (T1 N, R1 E) that bears westerly 270 feet from the southeast corner of the west half of the northwest quarter of Section 22; thence easterly 270 feet to said southeast corner; thence along the east line of the west half of the northwest quarter of Section 22, northerly 200 feet; thence north 820 15' east 200 feet; thence north 060 20' east 202 feet; thence north 600 49' east 388 feet; thence north 000 46' west 161 feet; thence north 420 25' east 254 feet; thence north 380 02' west 227 feet; thence north 260 55' east 687 feet; thence northeasterly in a straight line 647 feet, more or less, to a point on the west line of the northeast quarter of Section 22 (T1 N, R1 E) that 2 DrNnage Area 104 Exhibit "A" bears southerly 354 feet from the north quarter corner of Section 22; thence northerly 354 feet to said quarter corner; thence along the north line of Section 22, easterly 490 feet; thence north 460 55' east 243 feet; thence north 760 33' east 847 feet; thence north 500 52' east 821 feet; thence easterly in a straight line 512 feet, more or less, to a point on the west line of Section 14 (T1 N R1 E) that bears northerly 900 feet from the southwest corner of Section 14; thence north 850 34' east 379 feet; thence south 700 56' east 352 feet; thence north 630 02' east 200 feet; thence north 020 40' west 654 feet; thence north 240 59' east 291 feet; thence north 890 36' east 756 feet; thence northeasterly in a straight line 1,140 feet, more or less, to a point on the south line of the northwest quarter of said Section 14 that bears westerly 106 feet from the center of Section 14; thence along said south line, easterly 106 feet, to the center of Section 14; thence along the east line of said northwest quarter, northerly 444 feet; thence north 840 17' east 233 feet; thence north 140 08' west 251 feet; thence north 240 20' east 189 feet; thence north 420 31' east 1,313 feet; thence southeasterly in a straight line 1,664 feet, more or less, to a point on the west line of Section 13 (T1 N R1 E) that bears southerly 1,500 feet from the northwest corner of Section 13; thence south 630 59' east 1,775 feet; thence north 860 55' east 476 feet; thence south 550 38' east 1,220 feet; thence south 800 14' east 532 feet; thence southeasterly in a straight line 1,837 feet, more or less, to a point on the east line of said Section 13 that bears northerly 1,500 feet from the southeast corner of Section 13; thence south 680 07' east 529 feet; thence south 620 23' east 429 feet; thence south 79° 32' east 423 feet; thence south 360 50' east 419 feet; thence south 690 35' east 684 feet; thence southeasterly in a straight line 1,144 feet, more or less, to a point on the south line of Section 18 (T1 N, R2E) that bears westerly 2,050 feet from the southeast corner of Section 18; thence south 630 14' east 1,762 feet; thence north 520 26' east 298 feet; thence northerly in a straight line 616 feet, more or less, to a point on the south line of said Section 18 that bears westerly 170 feet from the southeast corner of Section 18; thence along said south line, easterly 170 feet, to said southeast corner; thence along the east line of Section 18, northerly 300 feet; thence north 550 12' east 656 feet; thence north 230 30' east 1,257 feet; thence north 700 15' east 1,095 feet; thence north 860 46' east 914 feet crossing Deer Valley Road; thence south 660 37' east 378 feet; thence south 040 01' east 516 feet; thence south 320 03' west 417 feet; thence south 140 22' east 278 feet; thence north 860 04' east 1,150 feet; thence south 480 07' east 277 feet; thence north 860 40' east 403 feet; thence northeasterly in a straight line 381 feet, more or less, to a point on the east line of Section 17 (TIN, R2E) that bears northerly 1,100 feet from the southeast corner of Section 17; thence north 540 35' east 54 feet; thence south 610 30' east 720 feet; thence north 630 25' east 1,072 feet; thence south 890 06' east 704 feet; thence north 780 00' east 768 feet; thence north 610 12' east 403 feet; thence north 770 34' east 450 feet; thence north 890 27' east 713 feet; thence north 090 59' west 688 feet; thence north 560 26' east 392 feet; thence north 150 01' east 815 feet; thence northerly in a straight line 1,894 feet, more or less, to a point on the north line of Section 16 (TIN, R2E) that bears westerly 75 feet from the northeast corner of Section 16; thence easterly 75 feet to said northeast corner, being also the southwest corner of Section 10 (TIN, R2E); thence along the south line of Section 10, easterly 474 feet; thence north 490 35' east 309 feet; thence north 320 06' east 548 feet; thence north 630 39' east 446 feet; thence north 780 56' east 858 feet; thence south 810 37' east 253 feet; thence south 420 47' east 280 feet, more or less, to the centerline of San Jose Avenue shown as "ROAD 3 Drainage Area 104 Exhibit "A" No 13" on the map of "Subdivision Number Six of Brentwood Irrigated Farms Amended" 17 M 373); thence along said centerline, south 000 04' west 300 feet, more or less, to the westerly prolongation of the course shown as "N 890 08' 03" W 17.54" on the boundary of PARCEL "A" of "Subdivision MS 148-80"'filed February 25, 1983 in Book 104 of Parcel Maps at page 50; thence along said prolongation, south 890 08' 03" east 25 feet, to the boundary of PARCEL"A" (104 PM 50); thence along said boundary the following courses: south 890 08' 03" east 17.54 feet, south 810 57' 03" east 286.30 feet, south 570 57' 03" east 119.70 feet, south 040 47' 03"east 310.10 feet, and south 000 32' 57'west 28.80 feet; thence leaving the boundary of PARCEL "A", south 000 37' 57" west 25 feet, to the centerline of San Jose Avenue shown as "ROAD No 10" on the map of "Subdivision Number Six of Brentwood Irrigated Farms Amended" (17 M 373); thence along said centerline, south 890 22' 03" east (record N 890 46' E (17 M 373)] 4,744.55 feet, to the centerline of Fairview Avenue, the Point of Beginning. LH:drg ex:da104 June 7, 1990 4 EXHIBIT "B° ORDINANCE NO. 90/ AN ORDINANCE OF 'DIE CONTRA COSTA COMM FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISI[MG DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 104 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 I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 104, Boundary Map and Regional Drainage Plan" dated June, 1990 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 104 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 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 itr,ervious 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; 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 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. etntcture; 2) To modify structures or other impervious surfaces, provided Lite amrntnt of ground coverage is not increased by more than 1.00 square feet; 3) 'Tb 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. BUIMING PET-=. Except as permitted under Section III and IV, the 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 ttte drainage fee has not been paid, the fee shall be $145 per pool. For other cxonstructi.on, modifications or t:eplacut"its to an existing facility that cause an increase in impervious surface, i.nulud:l.ny but not limited to driveways, walks, patios etc. , the amount of net itxx-ease in impervious surface shall be subject to a fee of $0.17 per square foot,. but not to exceed the amount required uitcler. Section VII. ORDINANCE NO. 90/ Page 1 of 3 J 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. SECTION VII. FEE SCHEDULE BuildiM Permit subdivision Commercial/1uhi tial/Pmvmtt f&m-Offi 6990/acre 7510/acre Office M iuml : 5990/acre 6695/acre Office (Light)• 5015/acre 5650/acre Multifamily Residential (Including Mobile Home Parks) : Less than 2,500 sq. ft. of land per unit 5510/acre 5510/acre 2,500 to 2,999 325/unit 325/unit 3,000 to 3,999 of 375/ It 375/ " 4,000 to 4,999 to 435/ Of 435/ " 5,000 to 5,999 of 500/ "500/ " 6,000 to 6,999 to 560/ "560/ " 7,000 to 7,999 is 620/ "620/ " 8,000 + if 650/ "650/ " Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit 460/unit 735/unit 5,000 to 5,999 it of 480/ " 765/ " 6,000 to 6,999 if 500/ " 795/ " 7,000 to 7,999 of 520/ " 825/ " 8,000 to 9,999 of 550/ " 870/ " 101000 to 13,999 " 61.0/ " 960/ " 14,000 to 19,999 " 710/ "1100/ " 20,000 to 29,999 " E380/ "1320/ " 30,000 to 39,999 " 1095/ "1580/ " 40,000 + 1310/ "1820/ " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 6665/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. 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 mks) 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 paid into 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 to reduce the principal or interest of any bonded Indebtedness of the drainage area. ORDINANCE NO. 90/ Page 2 of 3 J . y SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Vere drainage fees have been paid under a former drainage fee ord- inance based ori 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATCHEIOR, Clerk of the Board of Supervisors and County Administrator B Deputy FC:ORD104.T6 June 5, 1990 ORMIANC E NO. 90/ Page 3 of 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY. FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on June 19, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES:None ABSENT: None ABSTAIN: None RESOLUTION NO. 90/.193 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 105 and the Institution of a Drainage Plan, and the Adoption of a Drainage Fee Ordinance and Credit and Reimbursement Policy therefor, Brentwood Area. Project No. 7505-6F8168. 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 said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 105 consisting.of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Drainage Plan, entitled Drainage Area 105 Boundary Map and Regional Drainage Plan", dated June, 1990 proposed to be instituted for Drainage Area 105. Said documents, which show the general location of said drainage area and provide an 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. A proposed drainage fee ordinance, providing for all or partial payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B". It is proposed that Drainage Area 105 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be adopted. It is further proposed that the Drainage Fee Credit and Reimbursement Policy dated June, 1989 be adopted for the administration of the aforementioned drainage fee ordinance. At 11:00 a.m. on July 31, 1990 in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said drainage area, the adoption of the attached drainage fee ordinance and the institution of the drainage plan for the said Drainage Area. At said hearing,this Board will consider and act upon the draft Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 105, the institution of the drainage plan therefor and the adoption the proposed drainage fee ordinance and Credit and Reimbursement Policy for Drainage Area 105. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. RESOLUTION NO. 90/393 Drainage Area 105 June 19, 1990 Page 2 of 2 The Clerk of this Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Brentwood News a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. 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 exterior boundaries of the proposed drainage area include lands within the City of Brentwood. 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 Section 54986 a) and 54992 (1). Said mailing shall be performed at least fourteen (14) days prior to the hearing. I hereby certify that this is a vus and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: . 1JN 19 1990 PHIL BATCHELOR,Clerk of the Board of Supervisors and Co my Administrator Deputy Orlg. Dept:Public Works (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 Seryices F. Scudero, Drainage Fees City of Antioch City of Brentwood Ralph Garrow & Cardinale P.O. Box 367 Antioch CA 94509 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94583 SK:dmw c:1DA1DAl Mot.Res RESOLUTION NO. 90/ 393 EXHIBIT "A" Contra Costa County Flood Control and Water Conservation District Drainage Area 105 All that real property situated in Contra Costa County, California, the boundary of which is described as follows: References to maps, boundary lines, and ownerships are to records of said County- Beginning at the intersection of Marsh Creek control line recorded November 30, 1965 in Volume 5003 of Official Records at page 607 with the point of beginning of Dry Creek control line PARCEL 1 recorded June 12, 1969 in Volume 5897 of Official Records at page 837; thence along said Dry Creek control line, in a general westerly direction 3,597.03 feet, to its westerly terminus; thence leaving Dry Creek control line and following the centerline of Dry Creek as shown on the map of "Subdivision Number Seven of Brentwood Irrigated Farms Amended° filed August 4, 1920 in Book 17 of Maps at page 374, in a general westerly direction 2,342.8 feet, more or less, to the westerly terminus of the course shown on said map (17 M 374) with a bearing and distance of south 490 50' west 218 feet; thence leaving said centerline, westerly in a straight line 614 feet, more or less, to the northeast corner of PARCEL D of "C.C. Co. M. S. No. 121-69" filed October 9, 1969 in Book 10 of Parcel Maps at page 38, being also a point on the boundary of PARCEL I described in the deed to Karl R. Barr et ux recorded January 18, 1972 in Volume 6566 of Official Records at page 219; thence along the boundary of said Barr parcel the following courses: north 000 12' west 100 feet, .south 890 42' west 547 feet, and south 000 18' east 100 feet, to the north line of PARCEL D (10 PM 38) ; thence along the boundary of PARCEL D the following courses: south 890 42' west 8.57 feet, south 030 02' west 88.10 feet, south 750 21' west 345.80 feet, south 810 48' west 512.30 feet, and south 020 01' west 34 feet, more or less, to the north line of the south half of Section 22, Township 1 North, Range 2 East, Mount Diablo Meridian; thence along said north line, westerly 3,834 feet, more or less, to the west quarter corner of Section 22; thence along the west line of Section 22, southerly 390 feet; thence south 860 33' west 672 feet; thence south 630 10' west 734 feet; thence south 760 30' west 779 feet; thence south 690 51' west 1,156 feet; thence north 670 15' west 1,234 feet; thence north 840 36' west 315 feet; thence westerly in a straight line 620 feet, more or less, to a point on the west line of Section 21 (T1N, R2E) that bears northerly 2,060 feet from the southwest corner of Section 21; thence north 710 27' west 71 feet; thence south 160 39' west 809 feet; thence south 030 49' east 909 feet; thence southwesterly in a straight line 540 feet, more or less, to a point on the south line of Section 20 (T1N, R2E) that bears westerly 600 feet from the southeast corner of Section 20; thence south 410 29' west 985 feet; thence southwesterly in a straight line 771 feet, more or less, to a point on the north line of PARCEL D of "Subdivision MS 239-77" filed June 29, 1978 in Book 67 of Parcel Maps at page 34 (Said point bears south 890 51' 53" west ex:da105.a 535 feet from the northeast corner of said PARCEL D.) ; thence along the north line of PARCEL D (67 PM 34) , south 890 51' 53" west 1,500 feet; thence westerly in a straight line 2,200 feet, more or less, to a point on the east line of Section 30 (T1N, R2E) that bears southerly 600 feet from the northeast corner of Section 30; thence northwesterly in a straight line 1,620 feet, more or less, to a point on the north line of Section 30 that bears westerly 1,500 feet from the northeast corner of Section 30; thence north 480 00' west 757 feet; thence north 620 00' west 1,631 feet; thence south 800 07' west 416 feet; thence north 490 48' west 582 feet; thence north 670 15' west 535 feet; thence south 860 06' west 215 feet; thence westerly in a straight line 217 feet, more or less, to a point on the west line of Section 19 (TIN, R2E) that bears northerly 1,800 feet from the southwest corner of Section 19; thence north 720 27' west 96 feet; thence south 780 39' west 318 feet; thence north 580 19' west 418 feet; thence south 730 11' west 330 feet; thence north 640 22' west 299 feet; thence north 810 37' west 306 feet; thence north 450 08' west 289 feet; thence westerly in a straight line 809 feet, more or less, to a point on the east line of the southwest quarter of Section 24, Township 1 North, Range 1 East, that bears southerly 186 feet from the center of Section 24; thence northerly 186 feet to the center of Section 24; thence along the north line of the southwest quarter of Section 24, westerly 414 feet; thence north 390 33' west 337 feet; thence north 830 21' west 748 feet; thence north 450 13' west 308 feet; thence north 720 53' west 424 feet; thence south 620 03' west 345 feet; thence westerly in a straight line 459 feet, more or less, to a point on the east line of Section 23 (T1N, R1E) that bears southerly 2,100 feet from the northeast corner of Section 23; thence north 680 34' west 649 feet; thence north 320 07' west 933 feet; thence north 130 37' east 276 feet; thence south 880 36' west 195 feet; thence north 660 13' west 877 feet; thence north 440 34' west 309 feet; thence westerly in a straight line 392 feet, more or less, to a point on the east line of the northwest quarter of said Section 23 that bears southerly 198 feet from the north quarter corner of Section 23; thence along said east line, northerly 198 feet, to said quarter corner; thence along the north line of Section 23, westerly 480 feet; thence north 500 28' west 1,117 feet; thence south 760 03' west 334 feet; thence northwesterly in a straight line 322 feet, more or less, to an angle point, the location of which is described as follows: [commencing at the southwest corner of Section 14 (T1N, R1E) ; thence along the west line of Section 14, northerly 900 feet; thence north 850 34' east 379 feet; thence south 700 56' east 352 feet to said angle point] ; thence from said angle point north 630 02' east 200 feet; thence north 020 40' west 654 feet; thence north 240 59' east 291 feet; thence north 890 36' east 756 feet; theme northeasterly in a straight line 1,140 feet, more or less, to a point on the south line of the northwest quarter of said Section 14 that bears westerly 106 feet from the center of Section 14; thence along said south line, easterly 106 feet, to the center of Section 14; thence along the east line of said northwest quarter, northerly 444 feet; thence north 840 17' east 233 feet; thence north 140 081_ west 251 feet; thence north 240 20' east 189 feet; thence north 420 31' east 1,313 feet, thence southeasterly in a straight line 1,664 feet, more or less, to a point on the west line of 2 ex:dal05.a Section 13 (TIN, R1E) that bears southerly 1,500 feet from the northwest corner of Section 13; thence south 630 59' east 1,775 feet; thence north 86o 55' east 476 feet; thence south 550 38' east 1,220 feet; thence south 800 14' east 532 feet; thence southeasterly in a straight line 1,837 feet, more or less, to a point on the east line of said Section 13 that bears northerly 1,500 feet from the southeast corner of Section 13; thence south 680 07' east 529 feet; thence south 620 23' east 429 feet; thence south 790 32' east 423 feet; thence south 360 50' east 419 feet; thence south 690 35' east 684 feet; thence southeasterly in a straight line 1,144 feet, more or less, to a point on the south line of Section 18 (TiN, R2E) that bears westerly 2,050 feet from the southeast corner of Section 18; thence south 630 14' east 1,762 feet; thence north 520 26' east 298 feet; thence northerly in a straight line 616 feet, more or less, to a point on the south line of said Section 18 that bears westerly 170 feet from the southeast corner of Section 18; thence along said south line, easterly 170 feet, to said southeast corner; thence along the east line of Section 18, northerly 300 feet; thence north 550 12' east 656 feet; thence north 230 30' east 1,257 feet; thence north 700 15' east 1,095 feet; thence north 860 46' east 914 feet crossing Deer Valley Road; thence south 660 37' east 378 feet; thence south 040 01' east 516 feet; thence south 320 03' west 417 feet; thence south 140 22' east 278 feet; thence north 860 04' east 1,150 feet; thence south 480 07' east 277 feet; thence north 860 40' east 403 feet; thence northeasterly in a straight line 381 feet, more or less, to a point on the east line of Section 17 (T1N, R2E) that bears northerly 1,100 feet from the southeast corner of Section 17; thence north 540 35' east 54 feet; thence south 610 30' east 720 feet; thence north 630 25' east 1,072 feet; thence south 890 06' east 704 feet; thence north 780 00' east 768 feet; thence north 610 12' east 403 feet; thence north 770 34' east 450 feet; thence north 890 27' east 713 feet; thence north 090 59' west 688 feet; thence north 560 26' east 392 feet; thence north 150 O1' east 815 feet; thence northerly in a straight line 1,894 feet, more or less, to a point on the north line of Section 16 TIN, ME) that bears westerly 75 feet from the northeast corner of Section 16; thence easterly 75 feet to said northeast corner, being also the southwest corner of Section 10 (T1N, R2E) ; thence along the south line of Section 10, easterly 474 feet; thence north 490 35' east 309 feet; thence north 320 06' east 548 feet; thence north 630 39' east 446 feet; thence north 780 56' east 858 feet; thence south 810 37' east 253 feet; thence south 420 47' east 280 feet, more or less, to the centerline of San Jose Avenue shown as "ROAD No 13" on the map of "Subdivision Number Six of Brentwood Irrigated Farms Amended" (17 M 373) ; thence along said centerline, south 000 04' 'west 300 feet, more or less, to the westerly prolongation of the course shown as "N 890 08' 03" W 17.54" on the boundary of PARCEL "A" of Subdivision MS 148-80" filed February 25, 1983 in Book 104 of Parcel Maps at page 50; thence along said prolongation, south 890 08' 03" east 25 feet, to the boundary of PARCEL "A" (104 PM 50) ; thence along said boundary the following courses: south 890 08' 03" east 17.54 feet, south 810 57' 03" east 286.30 feet, south 570 57' 03" east 119.70 feet, south 040 47' 03" east 310.10 feet, and south 000 32' 57" west 28.80 feet; thence leaving the boundary of PARCEL "A", south 000 37' 57" west 25 feet, to the centerline of 3 ex:dal05.a San Jose Avenue shown as "ROAD No 10" on the map of "Subdivision Number Six of Brentwood Irrigated Farms Amended" (17 M 373) ; thence along said centerline, south 890 22' 03" east (record N 890 46' E (17 M 373) ] 4,744.55 feet, to the centerline of Fairview Avenue shown as "ROAD No 11" on said map (17 M 373) ; thence along the centerline of Fairview Avenue, south 000 02' west 1,274.2 feet, to the westerly prolongation of the south line of Lot 216, "Subdivision Number Five of Brentwood Irrigated Farms Amended," filed August 4, 1920 in Book 17 of Maps at page 372; thence along said prolonga- tion and south lines of Lots 216 and 217 of said Subdivision (17 M 372) , north 890 37' east 2,624.2 feet, to the centerline of Minnesota Avenue shown as "SUBDIVISION ROAD G" on said map (17 M 372) ; thence along said centerline, south 000 02' west 26 feet, to "Point D-7" on the control line of "Deer Creek Parcels 56d, 59b, 1-4, 5a and 6" as described in the deed to Contra Costa County Flood Control and Water Conservation District recorded December 1, 1965 in Volume 5004 of Official Records at page 541; thence along said control line and its easterly prolongation, south 890 19' 37" east 1,610 feet, more or less, to the west line of Contra Costa County Flood Control and Water Conservation District Drainage Area 52A adopted July 25, 1978 by Contra Costa County Board of Supervisors Resolution 78/737; thence along said west line, in a general southerly direction 5,730 feet, more or less, to the Point of Beginning. LH:cw:drg ex:dal05.a December 11, 1989 4 EXHIBIT "B" ORDINANCE NO. 90/ AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT' ESTABLISIMiG DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 105 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 I. DRAINAGE PLAN. 'Ibe drainage plan and map entitled "Drainage Area 105, Boundary Map and Regional Drainage Plan" dated June, 1990 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 105 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 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 iAi icli additional in-pervious surfaces in said drainage area are consl.nacLed; that: the estimated total of all fees collect.itale hereunder does not exceexi the estinkated total costs of all drainage facilities shown on the drainage plana aixi that the drainage facilities planned are in addition to existing drainage facilities already serving the drainage area at the t-.ime of the adoption of the drainage plan. SEC.CION 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 wtaicla drainage fees have been fully paid previously. SEMON IV. FEE DEFE141T. On logs 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. Zhe 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, the 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 $145 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, patios etc., the amount of net increase in impervious surface shall be subject to a fee of $0.17 der square foot, but not to exceed the amount required under Section VII. ORDINANCE 140. 90/ Page 1 of 3 SE(:'rION VI. SUBI.AVISIONS. Exc:epL• as permitted wider Sections III and IV, the subdivider shall pay the drainage fee on We entire proposed subdivision or on eac:l irylividual unit for wl id a fivil. or parcel map is filed prior to recoLdati.on of said map. Town house, co x:km i.nIum,and cluster housing type subd.i_visi.ons creating individual lots less than 4,000 square feet shall be treated as multifamily residential a d t-he 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 VII. FEE SCH[EDUIE Building Permit subdivision commercial/Industrialffig& tawn office 6990/acre 7510/acre Offigg- Mediuml : 5990/acre 6695/acre Office (Light) : 5015/acre 5650/acre Multifamily Residential (IncludiHgMobile Home Parks) : Less than 2,500 sq. ft. of land per unit 5510/acre 5510/acre 2,500 to 2,999 325/unit 325/unit 3,000 to 3,999 375/ "375/ " 4,000 to 4,999 435/ "435/ " 5,000 to 5,999 500/ "500/ " 6,000 to 6,999 560/ "560/ " 7,000 to 7,999 620/ "620/ " 8,000 + 650/ "650/ " Single Family_Residential., 4,000 to 4,999 sq. ft. of land per unit 460/unit 735/unit 5,000 to 5,999 of of 480/ it 765/ " 6,000 to 6,999 of to 500/ of 795/ It 7,000 to 7,999 It to 520/ " 825/ Of 8,000 to 98999 if 550/ " 870/ it 10,000 to 13,999 it 610/." 960/ It 14,000 to 19,999 is 710/ "1100/ " 20,000 to 29,999 to 880/ "1320/ " 30,000 to 39,999 of 1095/ "1580/ " 40,000 + 1310/ "1820/ " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 6665/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. 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 "s(pmre feet of land per unit" shall be the quotient obtained by dividing tl)e 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 paid into 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 to reduce the principal or interest of any bonded indebtedness of the drainage area. ORDINANCE NO. 90/ Page 2of3 y M SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ord- inance 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 iupervious surface, fess shall not be required under Section VII for the total iupervious 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 developanent 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Deputy FC:ORD105.T6 June 5, 1990 ORDINANCE NO. 90/ Page 3 of 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on June 19, 1990 by the following vote: AYES: Supervisors Powers, Schroder, 14cPeak, .Torlakson and Fanden NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 90/394 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 106 and the Institution of a Drainage Plan, and the Adoption of a Drainage Fee Ordinance and Credit and Reimbursement Policy therefor, Brentwood Area. Project No. 7505-6F8168. 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 said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 106 consisting of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Boundary Map, entitled "Drainage Area 106 Boundary Map and Regional Drainage Plan", dated June, 1990 proposed to be instituted for Drainage Area 106. Said documents, which show the general location of said drainage area and provide an 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. A proposed drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B". It is proposed that Drainage Area 106 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be adopted. It is further proposed that the Drainage Fee Credit and Reimbursement Policy dated June, 1989 be adopted for the administration of the aforementioned drainage fee ordinance. At 11:00 a.m. on July 31, 1990 in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said drainage area,the adoption of the attached drainage fee ordinance and the institution of the drainage plan for the said Drainage Area. At said hearing, this Board will consider and act upon the draft Environmental Impact Report and will hear and pass upon any and all written or, oral objections to the establishment of Drainage Area 106 the institution of the drainage plan therefor, and the adoption the proposed drainage fee ordinance and Credit and Reimbursement Policy for Drainage Area 106. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. RESOLUTION NO. 90/394 Drainage Area 106 June i 9, 1990 Page 2 of 2 The Clerk of,this Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Brentwood News a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. 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 exterior boundaries of the proposed drainage area include lands within the City of Brentwood. 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 Section 54986 a) and 54992 (1). Said mailing shall be performed at least fourteen (14) days prior to the hearing. 1 hereby certify that We Is a mss and correct copy of an action taken and entered on the minutes of the Board of supervI iN 19 d toshown. ATTESTED:90 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator A . w i A ,_ LwI/w/Oep Y Orlg. Dept:Pubilc works (FCE) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer -Tax Collector County Auditor- Controllee Chief Engineer Flood Control Engineering Accounting Engineering Services F. Scudero, Drainage Fees City of Antioch City of Brentwood Ralph Garrow & Cardinale P.O. Box 367 Antioch CA 94509 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94586 SK:dmw c:\DA\DA106Not.Re9 RESOLUTION NO. 90/ 394 EXHIBIT "A" Contra Costa County Flood Control and Water Conservation District Drainage Area 106 All that real property situated in Contra Costa County, California, the boundary of which is described as follows: References to maps, boundary lines, and ownerships are to records of said County. Beginning at the intersection of Marsh Creek control line recorded November 30, 1965 in Volume 5003 of Official Records at page 607 with the point of beginning of Dry Creek control line PARCEL 1 recorded June 12, 1969 in Volume 5897 of Official Records at page 837; thence along said Dry Creek control line, in a general westerly direction 3,597.03 feet, to its westerly terminus; thence leaving Dry Creek control line and following the centerline of Dry Creek as shown on the map of "Subdivision Number Seven of Brentwood Irrigated Farms Amended" filed August 4, 1920 in Book 17 of Maps at page 374, in a general westerly direction 2,342.8 feet, more or less, to the westerly terminus of the course shown on said map (17 M 374) with a bearing and distance of south 490 50' west 218 feet; thence leaving said centerline, westerly in a straight line 614 feet, more or less, to the northeast corner of PARCEL D of "C.C. Co. M. S. No. 121-69" filed October 9, 1969 in Book 10 of Parcel Maps at page 38, being also a point on the boundary of PARCEL I described in the deed to Karl R. Barr et ux recorded January 18, 1972 in Volume 6566 of Official Records at page 219; thence along the boundary of said Barr parcel the following courses: north 000 12' west 100 feet, south 890 42' west 547 feet, and south 000 18' east 100 feet, to the north line of PARCEL D (10 PM 38) ; thence along the boundary of PARCEL D the following courses: south 890 42' west 8.57 feet, south 030 02' west 88.10 feet, south 750 21' west 345.80 feet, south 810 48' west 512.30 feet, and south 020 01' west 34 feet, more or less, to the north line of the south half of Section 22, Township 1 North, Range 2 East, Mount Diablo Meridian; thence along said north line, westerly 3,834 feet, more or less, to the west quarter corner of Section 22; thence along the west line of Section 22, southerly 390 feet; thence south 860 33' west 672 feet; thence south 630 10' west 734 feet; thence south 760 30' west 779 feet; thence south 690 51' west 1,156 feet; thence north 670 15' west 1,234 feet; thence north 840 36' west 315 feet; thence westerly in a straight line 620 feet, more or less, to a point on the west line of Section 21 (T1N, R2E) that bears northerly 2,060 feet from the southwest corner of Section 21; thence north 710 27' west 71 feet; thence south 160 39' west 809 feet; thence south 030 49' east 909 feet; thence southwesterly in a straight line 540 feet, more or less, to a point on the south line of Section 20 (TIN, R2E) that bears westerly 600 feet from the southeast corner of Section 20; thence south 410 29' west 985 feet; thence southwesterly in a straight line 771 feet, more or less, to a point on the north line of PARCEL D of "Subdivision MS 239-77" filed June 29, 1978 in Book 67 of Parcel Maps at page 34 (Said point bears south 890 51' 53" west 535 feet from the northeast corner of' said Parcel D.) ; thence south 390 08' west 51.7 feet; thence south 070 18' east 368 feet; thence south 690 25' 44" east 551 feet to the northwest corner of PARCEL C of "Subdivision MS 150-80" ex:da106.a filed October 11, 1982 in Book 103 of Parcel Maps at page 15; thence along the boundary of said PARCEL C, north 890 52' 52" east 1,075.36 feet and south 100 08' 19" west 89.95 feet, to the northwest corner of PARCEL, D (103 PM 15) ; thence along the boundary of said PARCEL D, south 760 30' 29" east 1,444.99 feet and south 020 09' 31" west 318.09 feet, to the northeast corner of "Subdivision MS 166-78" filed May 7, 1979 in Book 76 of Parcel Maps at page 34; thence along the boundary of "Subdivision MS 166-78" the following courses: thence south 020 09' 31" west 80.54 feet; thence south 020 58' 23" west 1,529.64 feet to the arc of a tangent -curve concave to the northwest having a radius of 370 feet; thence along said arc, southerly and southwesterly 465.70 feet, through a central angle of 720 06' 5211, to the arc of a reverse curve concave to the southeast having a radius of 480 feet; thence along the arc of said reverse curve, southwesterly and southerly 679.98 feet, through a central angle of 810 10' 00"; thence south 060 04' 45" east 89.93 feet to the arc of a tangent curve concave to the east having a radius of 1,030 feet; thence along said arc, southerly 123.03 feet, through a central angle of 060 50' 3711, to the south line of Section 28 TIN, R2E) ; thence leaving the boundary of "Subdivision MS 166-78" and following the south line of Section 28, easterly 2,181.69 feet, to a point that bears westerly 2,380 feet from the southeast corner of Section 28; thence south 680 09' east 204 feet; thence south 560 52' east 832 feet; thence south 810 01' east 727 feet; thence easterly in a straight line 798 feet, more or less, to a point on the west line of Section 34 (T1N, R2E) that bears southerly 831 feet from the northwest corner of Section 34; thence northerly 831 feet to said northwest corner; thence along the north line of Section 34, easterly 2,640 feet, more or less, to the north quarter corner of Section 34; thence north 580 00' east 237 feet; thence north 270 32' east 358 feet; thence north 650 10' east 850 feet; thence north 390 44' west 1,338 feet; thence north 030 59' east 912 feet; thence north 490 07' east 473 feet; thence north 750 07' east 385 feet; thence south 720 02' east 374 feet; thence north 590 58' east 157 feet; thence north 350 39' east 495 feet; thence south 760 15' east 429 feet; thence southeasterly in a straight line 580 feet, more or less, to a point on the west line of Section 26 (T1N, R2E) that bears northerly 3,100 feet from the southwest corner of Section 26; thence south 450 east 200 feet; thence south 840 35' east 218 feet; thence north 230 59' east 567 feet; thence north 230 58' west 230 feet; thence north 010 01' east 896 feet; thence north 170 30' east 963 feet; thence north 020 11' west 926 feet; thence north 580 05' east 301 feet; thence north 880 56' east 838 feet; thence north 460 22' east 374 feet; thence northeasterly in a straight line 1,100 feet, more or less, to the southerly centerline terminus of East Contra Costa Irrigation District Main Canal right-of-way (Said terminus bears north 610 42' 37" west 86.00 feet along the northwesterly prolongation of the course shown as S 610 42' 37" E 14.00' on the map of "Subdivision MS 145-77" filed August 14, 1979 in Book 80 of Parcel Maps at page 4.) ; thence along said prolongation, south 610 42' 37" east 86.00 feet, to the boundary of "Subdivision MS 145-77"; thence along said boundary the following courses: south 610 42' 37" east 14.00 feet, north 280 17' 23" east 1,207.00 feet, and south 650 50' 37" east 2 ex:dal06.a 2,222.57 feet, to the centerline of Marsh Creek Road; thence leaving the boundary of said Subdivision (80 PM 4) , northeasterly in a straight line 200 feet, more or less, to the most southwesterly corner of Contra Costa County Flood Control and Water Conservation District Drainage Area 52A adopted July 25, 1978 by Contra Costa County Board of Supervisors Resolution 78/737; thence along the boundary of said Drainage Area 52A, in a general northerly and northeasterly direction 1,794 feet, more or less, to the Point of Beginning. IH:rs/cw/drg ex:dal06.a December 6, 1989 3 EXHIBIT "B" ORDINANCE NO. 90/ AN ORDINANCE OF THE CONTRA CRISTA COUNTY FIDOD CONTROL AND WATER CONSEINNUICNJ DISPRICT WIABUSI LING UlA1NAGE FITS IN 111E 00H RA CIOSTA C(XJUI Y FTAOD OONTROL AND WATER OONSEWATION DISTRICT MU NAGE AREA 106 Zhe Board of Supervisors of Contra Aosta County as the governing body of the Contra Costa Qounty Flood Control and Water Conservation District does ordain as follows: SECTION I. UTAINAGE PLAN. Zhe drainage plan and map entitled "Drainage Area 106, Boundary Map and Regional Drainage Plan", dated June, 1990, 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 106 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 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; 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 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 goverrumnt 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 PEfi'NL[TS. Except as permitted under Section III and IV, the 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 $145 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in .i.mpervicus surface, including but not limited to driveways, walks, patios etc., the amount of net increase in inpervious surface shall be subject to a fee of $0.17 per square foot, but not to exceed the amount required under Section VII. ORDINANCE NO. 90/ Page 1 of 3 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. SECTION VIZ. FEE SCIRM IE BuildiM Permit Subdivision) catrmercial/Industrial/Downta m Offices 6990/acre 7510/acre Office (Medium) : 5990/acre 6695/acre Office (Licht) : 5015/acre 5650/acre Multifamily Residential (IncludiM Mobile Home Parks) : Less than 2,500 sq. ft. of land per unit 5510/acre 5510/acre 2,500 to 2,999 to 325/unit 325/unit 3,000 to 3,999 of 375/ It 375/ " 4,000 to 4,999 435/ if 435/ " 5,000 to 5,999 to 500/ it 500/ " 6,000 to 6,999 of 560/ "560/ " 7,000 to 7,999 of 620/ "620/ " 8,000 + of 650/ "650/ " single Family PosidgBtial: 4,000 to 4,999 sq. ft. of land per unit 460/unit 735/unit 5,000 to 5,999 of of 480/ " 765/ " 6,000 to 6,999 to 500/ Of 795/ " 7,000 to 7,999 to 520/ " 825/ " 8,000 to 91999 of 550/ " 870/ " 10,000 to 13,999 " 610/ " 960/ " 14,000 to 19,999 to 710/ "1100/ " 20,000 to 29,999 of 880/ "1320/ " 301000 to 39,999 " 1095/ "1580/ " 40,000 + 1310/ "1820/ " Agricultural Under 10% of lot impervious Exempt More than 10% of lot impervious 6665/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 I(: slial.1 ix 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. lbe 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. `rhe 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 paid into 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 to reduce the principal or interest of any bonded indebtedness of the drainage area. ORDINANCE NO. 90/ Page 2 of 3 SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ord- inance 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 udder Section VII for the total inpervious surface area for which the fee was paid. However, fees shall be payable under Section VII for any additional iupervious 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATCEErm, Clerk of the Board of Supervisors and County Administrator By Deputy FC:ORD106.T6 June 5, 1990 ORDINANCE NO. 90/ Page 3 of 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on June 19, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES:None ABSENT: None ABSTAIN: None RESOLUTION NO. 90/395 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 107 and the Institution of a Drainage Plan, and the Adoption of a Drainage Fee Ordinance and Credit and Reimbursement Policy therefor, Brentwood Area. Project No. 7505-6F8168. 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, hereinafterreferred to as Act, provides authority for said Governing Body to establish drainage areas,,institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 107 .consisting of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Boundary Map, entitled "Drainage Area 107 Boundary Map and Regional Drainage Plan", dated June, 1990 proposed to be instituted for Drainage Area 107. Said documents, which show the general location of said drainage area and provide an 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. A proposed drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B". It is proposed that Drainage Area 107 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be adopted. It is further proposed that the Drainage Fee Credit and Reimbursement Policy dated June, 1989 be adopted for the administration of the aforementioned drainage fee ordinance. At 11:00 a.m. on July 31, 1990 in the Chambers of ,the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said drainage area, the adoption of the attached drainage fee ordinance and the institution of the drainage plan for the said Drainage Area. At said hearing,this Board will consider and act upon the draft Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 107 the institution of the drainage plan therefor, and the adoption the proposed drainage fee ordinance and Credit and Reimbursement Policy for Drainage Area 107. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. RESOLUTION NO. 90/ 395 Drainage Area 107 June 19, 1990 Page 2 of 2 The Clerk of this Board is DIRECTED to.publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Brentwood News a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. 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 exterior boundaries of the proposed drainage area include lands within the City of Brentwood. 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 Section 54986 a) and 54992 (1). Said mailing shall be performed at least fourteen (14) days prior to the hearing. I hereby certify that We 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: JUN 19 1990 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator or a/IuAd wtV I i• Deputy Orig. Dept:Public Works" (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 F. Scudero, Drainage Fees City of Antioch City of Brentwood Ralph Garrow & Cardinale P.O. Box 367 Antioch CA 94509 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94583 SK:dmw cAI)A\DA107Not.Res RESOLUTION NO. 90/395 EXHIBIT "A" Contra Costa County Flood Control and Water Conservation District Drainage Area 107 All that real property situated in Contra Costa County, California, the boundary of which is described as follows: References to maps, boundary lines, ownerships, and acreages are to records of said County. Beginning at the east quarter corner of Section 23, Township 1 North, Range 2 East, Mount Diablo Meridian; said quarter corner being the most northeasterly corner of Subdivision Number Eight of Brentwood Irrigation Farms Amended"filed August 4, 1920 in Book 17 of Maps at page 375; thence along the boundary of said Subdivision (17 M 375), following the centerline of Marsh Creek in a general southerly direction 9,447.7 feet, to the most southerly corner (17 M 375); thence continuing along the centerline of Marsh Creek in a general southwesterly direction 2,500 feet, more or less, to a 2" brass disk monument stamped "FCD 6455" marking an angle point on the boundary of Contra Costa County Flood Control and Water Conservation District Marsh Creek Damsite PARCEL 1 recorded January 31, 1964 in Volume 4544 of Official Records at page 616; thence along said boundary the following courses: north 590 02' 37" west 195.29 feet, south 680 03' 281, west 105.96 feet, south 430 03' 5T' west 512.38 feet, and south 320 05' 40" west 800 feet, more or less, to the north line of the south half of Section 35 (T1 N, R2E); thence leaving the boundary of said Damsite PARCEL 1, westerly 400 feet, more or less, along said north line to a point that bears easterly 750 feet from the west quarter corner of Section 35; thence south 380 32' west 855 feet; thence south 000 11' east 482 feet; thence south 07° 28' west 768 feet; thence south 520 04' east 660 feet; thence southeasterly in a straight line 600 feet, more or less, to a point on the south line of said Section 35 that bears easterly 1,150 feet from the southwest corner of Section 35; thence south 570 37' east 280 feet; thence south 090 22' east 150 feet; thence south 540 21' west 247 feet; thence south 090 07' east 147 feet; thence south 470 30' west 107 feet; thence north 690 07' west 266 feet; thence south 680 11' west 673 feet; thence westerly in a straight line 300 feet, more or less, to a point on the east line of Section 3, Township 1 South, Range 2 East, that bears southerly 713 feet from the northeast corner of Section 3; thence north 700 09' west 592 feet; thence south 830 52' west 509 feet; thence north 610 46' west 811 feet; thence northwesterly in a straight line 885 feet, more or less, to the north quarter corner of said Section 3; thence along the north line of Section 3, westerly 621 feet; thence south 290 30' east 431 feet; thence south 210 47' west 413 feet; thence south 01° 48' east 396 feet; thence south 830 26' west 852 feet; thence south 710 37' west 568 feet; thence north 680 43' west 176 feet; thence northwesterly in a straight line 1,003 feet, more or less, to a point on the west line of said Section 3 that bears southerly 525 feet from the northwest corner of Section 3; thence north 650 53' west 491 feet; thence north 870 i ex:da107.a 44' west 995 feet; thence north 730 35' west 188 feet; thence south 810 18' west 228 feet; thence south 260 25' west 798 feet; thence south 470 41' west 216 feet; thence north 55° 52' west 970 feet; thence north 630 38' west 776 feet; thence northerly in a straight line 240 feet, more or less, to a point on the south line of Section 33 (T1 N, R2E) that bears easterly 1,450 feet from the southwest corner of Section 33; thence north 070 30' east 20 feet; thence north 050 23' west 219 feet; thence north 600 26' west 390 feet; thence north 880 08' west 287 feet; thence north 360 40'west 341 feet; thence westerly in a straight line 614 feet, more or less, to a point on the west line of said Section 33 that bears northerly 830 feet from the southwest corner of Section 33; thence north 580 56' west 619 feet; thence north 230 56' west 358 feet; thence north 800 59' west 269 feet; thence north 550 15' west 179 feet; thence north 000 29' east 352 feet; thence north 260 18' west 481 feet; thence north 040 24' east 138 feet; thence north 720 42' east 214 feet; thence northeasterly in a straight line 40 feet, more or less, to a point on the south line of PARCEL D of "Subdivision MS 64-77" filed February 16, 1978 in Book 63 of Parcel Maps at page 32 (Said point bears north 890 5255" east 1,575 feet from the southwest corner of PARCEL D.); thence northerly in a straight line 600 feet, more or less, to a point on the.north line of said PARCEL D that bears south 680 33' 51" east 1,619 feet from the northwest corner of PARCEL D; thence north 680 33' 51" west 1,619 feet to said northwest corner; thence northwesterly in a straight line 2,588 feet, more or less, to a point on the south line of Section 29 (T1 N, R2E) that bears easterly 480 feet from the southwest corner of Section 29; thence westerly 480 feet to said southwest corner; thence along the west line of Section 29, northerly 300 feet; thence north 560 51' west 696 feet; thence north 520 26' west 1,976 feet; thence north 660 10' west 1,130 feet; thence north 880 19'west 503 feet; thence south 700 32'west 591 feet; thence south 390 35' west 681 feet; thence south 590 39' west 181 feet; thence south 230 07' west 668 feet; thence southwesterly in a straight line 200 feet, more or less, to a point on the east line of Section 25, Township 1 North, Range 1 East, that bears northerly 850 feet from the southeast corner of Section 25; thence southerly 850 feet to said southeast corner; thence along the south line of Section 25, westerly 2,980 feet; thence north 730 14' west 388 feet; thence north 660 42' west 1,173 feet; thence westerly in a straight line 874 feet, more or less, to a point on the east line of Section 26 (T1 N, R1 E) that bears northerly 772 feet from the southeast corner of Section 26; thence north 770 west 171 feet; thence north 520 29' west 954 feet; thence north 070 33' west 834 feet; thence north 260 50' west 849 feet; thence north 730 38' west 303 feet; thence north 49° 56' west 476 feet; thence north 820 23' west 513 feet; thence southwesterly in a straight line 73 feet, more or less, to a point on the east line of the northwest quarter of said Section.26 that bears southerly 1,885 feet from the north quarter corner of Section 26; thence south 550 59' west 642 feet; thence south 430 44' west 217 feet; thence south 030 13' east 650 feet; thence south 650 25' west 599 feet; thence north 500 03' west 465 feet; thence north 000 45' east 590 feet; thence north 320 06' west 392 feet; thence westerly in a straight line 940 feet, more or less, to a point on the west line of said Section 26 that bears southerly 1,780 feet from the northwest corner of Section 26; thence north 710 27' west 964 feet; thence north 000 26' west 470 feet; thence north 330 40' west 326 feet; thence north 570 27'west 762 feet; thence north 800 08' west 463 feet; thence northwesterly in a straight line 505 feet, more or less, to the south quarter corner of Section 22 (T1 N, R1 E); thence north 740 06' west 438 feet; thence north 210 39' west 498 feet; thence north 400 23' east 280 feet; thence 2 ex:da107.a north 280 37' west 429 feet; thence north 060 33' east 447 feet; thence south 820 44' west 320 feet; thence north 450 27' west 282 feet; thence south 520 21' west 265 feet; thence westerly in a straight line 49 feet, more or less, to a point on the east line of the west half of the southwest quarter of said Section 22 that bears southerly 1,075 feet from the northeast corner of the west half of the southwest quarter of Section 22; thence northerly 1,075 feet to said northeast corner; thence along the east line of the west half of the northwest quarter of Section 22, northerly 200 feet; thence north 820 15' east 200 feet; thence north 060 20' east 202 feet; thence north 600 49' east 388 feet; thence north 000 46' west 161 feet; thence north 420 25' east 254 feet; thence north 380 02' west 227 feet; thence north 260 55' east 687 feet; thence northeasterly in a straight line 647 feet, more or less, to a point on the west line of the northeast quarter of Section 22 that bears southerly 354 feet from the north quarter corner of Section 22; thence northerly 354 feet to said quarter corner; thence along the north line of Section 22, easterly 490 feet; thence north 460 55' east 243 feet; thence north 760 33' east 847 feet; thence north 500 52' east 821 feet; thence easterly in a straight line 512 feet, more or less, to a point on the west line of Section 14 (T1 N, R1 E) that bears northerly 900 feet from the southwest corner of Section 14; thence north 850 34' east 379 feet; thence south 700 56' east 352 feet; thence southeasterly in a straight line 322 feet, more or less, to a point hereinafter referred to as Point A [The location of Point A is described as follows: Beginning at the north quarter corner of Section 23 (T1 N, R1 E); thence along the north line of Section 23, westerly 480 feet; thence north 500 28' west 1,117 feet; thence south 760 03' west 334 feet to Point A.]; thence from Point A, north 760 03' east 334 feet; thence south 500 28' east 1,117 feet to the north line of Section 23 (T1 N, R1 E); thence along said north line, easterly 480 feet, to the north quarter corner of Section 23; thence along the east line of the northwest quarter of Section 23, southerly 198 feet; thence easterly in a straight line 392 feet, more or less, to a point hereinafter referred to as Point B [The location of Point B is described as follows: Beginning at the northeast corner of Section 23; thence along the east line of Section 23, southerly 2,100 feet; thence north 680 34' west 649 feet; thence north 320 07' west 933 feet; thence north 130 37' east 276 feet; thence south 880 36' west 195 feet; thence north 660 13' west 877 feet; thence north 440 34'west 309 feet to Point B.]; thence from Point B, south 440 34' east 309 feet; thence south 660 13' east 877 feet; thence north 880 36' east 195 feet; thence south 130 37' west 276 feet; thence south 320 07' east 933 feet; thence south 680 34' east 649 feet to the east line of Section 23; thence easterly in a straight line 459 feet, more or less, to a point hereinafter referred to as Point C [The location of Point C is described as follows: Beginning at the center of Section 24 (T1 N, R1 E); thence along the north line of the southwest quarter of Section 24, westerly 414 feet; thence north 390 33' west 337 feet; thence north 830 21' west 748 feet; thence north 450 13' west 308 feet; thence north 720 53' west 424 feet; thence south 620 03' west 345 feet to Point C.]; thence from Point C, north 620 03' east 345 feet; thence south 720 53' east 424 feet; thence south 450 13' east 308 feet; thence south 830 21' east 748 feet; thence south 390 33' east 337 feet to the north line of the southwest quarter of Section 24; thence easterly 414 feet to the center of Section 24; thence along the east line of the southwest quarter of Section 24, southerly 186 feet; thence easterly in a straight line 809 feet, more or less, to a point hereinafter referred to as Point D [The location of Point D is described as follows: Beginning at the southwest corner of Section 19 (T1 N, R2E); thence along the west line of Section 19, northerly 1,800 feet; thence north 720 27' west 3 ex:da107.a 96 feet; thence south 780 39' west 318 feet; thence north 580 19' west 418 feet; thence south 730 11' west 330 feet; thence north 640 22'west 299 feet; thence north 810 37' west 306 feet; thence north 450 08' west 289 feet to Point D.]; thence from Point D, south 450 08' east 289 feet; thence south 81° 37' east 306 feet; thence south 640 22' east 299 feet; thence north 730 11' east 330 feet; thence south 580 19' east 418 feet; thence north 780 39' east 318 feet; thence south 720 27' east 96 feet to the west line of Section 19; thence easterly in a straight line 217 feet, more or less, to a point hereinafter referred to as Point E (The location of Point E is described as follows: Beginning at the northeast corner of Section 30 (T1 N, R2E); thence along the north line of Section 30, westerly 1,500 feet; thence north 480 west 757 feet; thence north 620 west 1,631 feet; thence south 800 07' west 416 feet; thence north 490 48' west 582 feet; thence north 670 15' west 535 feet; thence south 860 06' west 215 feet to Point E.]; thence from Point E, north 860 06' east 215.feet; thence south 670 15' east 535 feet; thence south 490 48' east 582 feet; thence north 800 07' east 416 feet; thence south 620 east 1,631 feet; thence south 480 east 757 feet to the north line of Section 30; thence southeasterly in a straight line 1,620 feet, more or less, to a point on the east line of Section 30 that bears southerly 600 feet from the northeast corner of Section 30; thence easterly in a straight line 2,180 feet, more or less, to a point on the north line of PARCEL D of "Subdivision MS 239-77" filed June 29, 1978 in Book 67 of Parcel'Maps at page 34 (Said point bears south 890 51' 53" west 2,035 feet from the northeast corner of said Parcel D.); thence north 890 51 53" east 1,500 feet; thence south 390 08' west 51.7 feet; thence south 070 18' east 368 feet; thence south 690 25' 44" east 551 feet to the northwest corner of PARCEL C of "Subdivision MS 150-80" filed October 11, 1982 in Book 103 of Parcel Maps at page 15; thence along the boundary of said PARCEL C, north 89° 52' 52' east 1,075.36 feet and south 100 08' 19" west 89.95 feet, to the northwest corner of PARCEL D (103 PM 15); thence along the boundary of said PARCEL D, south 760 30' 29" east 1,444.99 feet and south 020 09' 31" west 318.09 feet, to the northeast corner of "Subdivision MS 166-78"filed May 7, 1979 in Book 76 of Parcel Maps at page 34; thence along the boundary of "Subdivision MS 166- 78" the following courses: south 020 09' 31" west 80.54 feet; south 020 58' 23" west 1,529.64 feet to the arc of a tangent curve concave to the northwest having a radius of 370 feet; along said arc, southerly and southwesterly 465.70 feet, through a central angle of 720 06' 52", to the arc of a reverse curve concave to the southeast having a radius of 480 feet; along the arc of said reverse curve, southwesterly and southerly 679.98 feet, through a central angle of 810 10' 00"; south 060 04' 45" east 89.93 feet to the arc of a tangent curve concave to the east having a radius of 1,030 feet; along said arc, southerly 123.03 feet, through a central angle of 060 50' 37", to the south line of Section 28 (T1 N, R2E); thence leaving the boundary of "Subdivision MS 166-78" and following the south line of Section 28, easterly 2,181.69 feet,to a point that bears westerly 2,380 feet from the southeast corner of Section 28; thence south 680 09' east 204 feet; thence south 560 52' east 832 feet; thence south 810 01' east 727 feet; thence easterly in a straight line 798 feet, more or less, to a point on the west line of Section 34 (T1 N, R2E) that bears southerly 831 feet from the northwest corner of Section 34; thence northerly 831 feet to said northwest corner; thence along the north line of Section 34, easterly 2,640 feet, more or less, to the north quarter corner of Section 34; thence north 580 00' east 237 feet; thence north 270 32' east 358 feet; thence north 650 10' east 850 feet; thence north 390 44'west 1,338 feet; thence north 030 59' east 912 feet; thence north 490 07' east 473 feet; 4 ex:da107.a thence north 750 07' east 385 feet; thence south 720 02' east 374 feet; thence north 590 58' east 157 feet; thence north 35° 39' east 495 feet; thence south 760 15' east 429 feet; thence southeasterly in a straight line 580 feet, more or less, to a point on the west line of Section 26 (T1 N, R2E) that bears northerly 3,100 feet from the southwest corner of Section 26; thence south 450 east 200 feet; thence south 840 35' east 218 feet; thence north 230 59' east 567 feet; thence north 230 58' west 230 feet; thence north 010 01' east 896 feet; thence north 17° 30' east 963 feet; thence north 020 11' west 926 feet; thence north 580 05' east 301 feet; thence north 880 56' east 838 feet; thence north 460 22' east 374 feet; thence northeasterly in a straight line 1,100 feet, more or less, to the southerly centerline terminus of East Contra Costa Irrigation District Main Canal right-of-way (Said terminus bears north 610 42' 37' west 86.00 feet along the northwesterly prolongation of the course shown as "S 610 42' 37' E 14.00" on the map of"Subdivision MS 145-77' filed August 14, 1979 in Book 80 of Parcel Maps at page 4.); thence along said prolongation, south 610 42' 37" east 86.00 feet, to the boundary of "Subdivision MS 145-77"; thence along said boundary the following courses: south 610 42' 37" east 14.00 feet, north 280 17' 23" east 1,207.00 feet, and south 650 50' 37" east 2,222.57 feet, to the centerline of Marsh Creek Road; thence leaving the boundary of said Subdivision (80 PM 4), southeasterly in a straight line 30 feet, more or less, to the Point of Beginning. LH:cw:md:drg ex:da107.a June 5, 1990 5 r EXHIBIT "B" ORDINANCE NO. 90/ AN ORDINANCE OF THE CONTRA COSTA COU[M FLOOD CONML AND WATER CONSERVATION DISTRICT ESTABLISHING DPAINAGE FEES IN THE CONTRA COSTA C(7UNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 107 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 I. ERAINAGE PLAN. The drainage plan and map entitled "Drainage Area 107, Boundary Map and Regional Drainage Plan", dated. June, 1990, 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 107 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 area will have a significant adverse irgaact on existing and future developmnts; that development of property within the drainage area, with its resultant inc-cease in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be ciiaryed 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; 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 III. EXFSUTIONS. The fee 1 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 inpervious 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 govermient 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. SOMON IV. FEE DEFEI M. 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. lbe 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 PERMII5. Except as permitted under Section III and IV, the 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 $145 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in inpervious surface, including but not limited to driveways, walks, patios etc., the amount of net increase in inyervicus surface shall be subject to a fee of $0.17 per square foot, but not to exceed the amount required under Section VII. ORDINANCE NO. 90/ Page 1 of 3 SECTION VI. SUBDMSIONS. 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. SECTION VII. FEE SCHEDULE Building Permit Subdivision Cammercial/lpdustrial,[Dcxrmtcxnm Office 6990/acre 7510/acre Office (Medium) : 5990/acre 6695/acre Office (L.ight) 5015/acre 5650/acre Multifamily R idential (Including ile_ Ilame Warks) : Less than 2,500 sq. ft. of land per unit 5510/acre 5510/acre 2,500 to 2,999 to 325/unit 325/unit 3,000 to 3,999 of of 375/ "375/ " 4,000 to 4,999 it 435/ It 435/ " 5,.000 to 5,999 of 500/ it 500/ " 6,000 to 6,999 it to 560/ if 560/ it 7,000 to 7,999 of it 620/ It 620/ " 8,000 + of of 650/ Of 650/ Of Single Family_Residential: 4,000 to 4,999 sq. ft. of land per unit 460/unit 735/unit 5,000 to 5,999 of of 480/ It 765/ " 6,000 to 6,999 to if 500/ If 795/ " 7,000 to 7,999 to 520/ It 825/ " 8,000 to 9,999 It 550/ " 870/ " 10,000 to 13,999 " 610/ Of 960/ " 14,000 to 19,999 " 710/ It 1100/ " 20,000 to 29,999 " 880/ to 1320/ " 30,000 to 39,999 " 1095/ "1580/ " 40,000 + 1310/ "1820/ " Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious 6665/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. For the purpose of this ordinance, subject to Section V1, '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 hams 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 paid into 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 to reduce the principal or interest of any bonded indebtedness of the drainage area. ORDINANCE NO. 90/ Page 2 of 3 SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ord- inance 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 off, 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED ON by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: PHIL BATC EI.AR, Clerk of the Board of Supervisors and County Administrator By Deputy FC:ORD107.T6 June 5, 1990 ORDINANCE NO. 90/ Page 3 of 3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on June 19, 1990 by the following vote: AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden NOES:None ABSENT: None ABSTAIN: None RESOLUTION NO. 901396 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 108 and the Institution of a Drainage Plan, and the Adoption of a Drainage Fee Ordinance and Credit and Reimbursement Policy therefor, Brentwood Area. Project No. 7505-6F8168. 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 said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed establishment of Drainage Area 108 consisting of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report and the Boundary Map, entitled "Drainage Area 108 Boundary Map and Regional Drainage Plan", dated June, 1990 proposed to be instituted for Drainage Area 108. Said documents, which show the general location of said drainage area and provide an 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. A proposed drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit "B" It is proposed that Drainage Area 108 be established, that a drainage plan be instituted therefor, and that the attached drainage fee ordinance be adopted. It is further proposed that the Drainage Fee Credit and Reimbursement Policy dated June, 1989 be adopted for the administration of the aforementioned drainage fee ordinance. At 11:00 a.m. on July 31, 1990 in the Chambers of the. Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed establishment of said drainage area, the adoption of the attached drainage fee ordinance and the institution of the drainage plan for the said Drainage Area. At said hearing, this Board will consider and act upon the draft Environmental Impact Report and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 108 the institution of the drainage plan therefor, and the adoption the proposed drainage fee ordinance and Credit and Reimbursement Policy for Drainage Area 108. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. RESOLUTION NO. 90/396 Drainage Area 108 June 19, 1990 Page2of2 The Clerk of this Board is DIRECTED to publish a Notice of Hearing, pursuant to Government Code 6066, once a week for two (2) successive weeks prior to the hearing in the Brentwood News a newspaper of general circulation, circulated in the area proposed to be formed into said Drainage Area. 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 exterior boundaries of the proposed drainage area include lands within the City of Brentwood. 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 Section 54986 a) and 54992 (1). Said mailing shall be performed at least fourteen (14) days prior to the hearing. 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 dat s own. ATTESTED: JUN 19 1§90 PHIL BATCHELOR,Clerk of the Board Of Supervisors and County Administrator Deputy Orlg. Dept:Public Works (OCE) 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 F. Scudero, Drainage Fees City of Antioch City of Brentwood Ralph Garrow& Cardinale P.O. Box 367 Antioch CA 94509 Building Industry Association Eastern Division 1280 Boulevard Way, #211 Walnut Creek, CA 94596 David Lennon Hoffman Company P.O. Box 907 Concord, CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place, Suite 200 San Ramon, CA 94583 SK:dmw c:\DA\DA108Not.Res RESOILIfTION No. 96L396 EXHIBIT "A" Contra Costa County Flood Control and Water Conservation District Drainage Area 108 All that real property situated in Contra Costa County, California, the boundary of which is described as follows: References to maps, boundary lines, ownerships, and acreage are to records of said County'. Commencing at the intersection of Mount Diablo Base and Meridian lines; thence along Mount Diablo.Meridian, northerly 700 feet,to the Point of Beginning; thence south 540 59' west 200 feet; thence south 050 20' east 423 feet; thence southwesterly in a straight line 365 feet, more or less, to a point on Mount Diablo Base line that bears westerly 450 feet from the northeast corner of Section 1, Township 1 South, Range 1 West; thence south 590 59' west 375 feet; thence south 700 21' west 676 feet; thence south 300 26' west 788 feet; thence south 610 24'west 462 feet; thence south 510 49' west 848 feet; thence south 020 28' east 504 feet; thence south 060 30' west 950 feet; thence south 460 30' west 630 feet; thence south 000 01' east 600 feet; thence southeasterly in a straight line 683 feet, more or less, to a point on the south line of said Section 1 that bears westerly 3,100 feet from the southeast corner of Section 1; thence south 260 06' east 100 feet; thence south 21° 14' west 254 feet; thence south 550 24' west 546 feet; thence south 480 06' west 743 feet; thence south 690 08' west 941 feet; thence south 060 31' west 664 feet; thence southwesterly in a straight line 430 feet, more or less, to a point on the west line of Section 12 (T1 S, R1 W) that bears northerly 2,850 feet from the southwest corner of Section 12; thence south 480 21' west 170 feet; thence southwesterly in a straight line 1,550 feet, more or less, to a point on the west line of Mount Diablo State Park that bears northerly 250 feet from an angle point on said west line; thence along said west line southerly 250 feet; thence southeasterly in a straight line 1,050 feet, more or less, to a point on the west line of Section 12 (TIS, R1 W) that bears northerly 675 feet from the southwest corner of Section 12; thence south 610 05' east 450 feet, more or less, to the centerline of South Gate Road; thence along said centerline in a general southeasterly direction 475 feet, more or less, to a point on the south line of Section 12 that bears easterly 700 feet, more or less, from the southwest corner of Section 12; thence continuing along the centerline of South Gate Road in a general southeasterly direction 1,603 feet; thence south 690 59' east 400 feet; thence south 780 47' east 1,406 feet; thence southeasterly in a straight line 1,700 feet, more or less, to a point on the east line of Section 13 (T1 S, R1 W) that bears northerly 860 feet from the east quarter corner of Section 13; thence along said east line, southerly 220 feet, more or less, to a point that bears southerly 2,000 feet from the northwest corner of Section 18, Township 1 South, Range 1 East; thence south 510 51' east 650 feet; thence north 710 33' east 409 feet; thence south 410 54' east 291 feet; thence north 850 57' east 184 feet; thence north 550 26' east 236 feet; thence south 550 39' east 493 feet; thence north 890 53' east 436 feet; thence north 620 25' east 481 feet; thence north 450 55' east 303 feet; thence north 580 30' east 357 feet; thence north 790 56' east 601 feet; thence south 19° 52' east 760 feet; thence southeasterly in a straight line 100 feet, more or less, to a point on the north line of the southeast quarter of said Section 18 that bears westerly 1,200 feet from the east d/ex:da108 quarter corner of Section 18; thence easterly 1,200 feet to said quarter corner; thence along the east line of Section 18, southerly 290 feet, more or less, to a point that bears northerly 2,350 feet from the southeast corner of Section 18; thence north 890 29' east 220 feet; thence south 630 34' east 1,390 feet; thence south 140 52' east 297 feet; thence south 570 46' east 305 feet; thence south 340 59' east 700 feet; thence southeasterly in a straight line 500 feet, more or less, to a point on the west line of the southeast quarter of Section 17 (T1 S, R1 E) that bears northerly 600 feet from the south quarter corner of Section 17; thence north 420 41' east 942 feet; thence north 010 30' west 207 feet; thence north 840 36' east 145 feet; thence south 610 47' east 277 feet; thence south 260 46' east 143 feet; thence south 880 00' east 107 feet; thence north 180 47' east 203 feet; thence north 570 55' east 218 feet; thence north 220 16' east 395 feet; thence north 090 02' west 355 feet; thence northerly in a straight line 300 feet, more or less, to a point on the north line of the southeast quarter of said Section 17 that bears westerly 920 feet from the east quarter corner of Section 17; thence north 170 06' east 150 feet; thence north 370 16' east 585 feet; thence north 090 40' west 568 feet; thence north 260 35' east 591 feet; thence north 060 54' west 194 feet; thence north 170 46' east 234 feet; thence northeasterly in a straight line 485 feet, more or less, to a point on the east line of said Section 17 that bears southerly 200 feet from the northeast corner of Section 17; thence along said east line, northerly 200 feet, to said northeast corner, being also the southwest corner of Section 9 (T1 S, R1 E); thence along the south line of Section 9, easterly 2,680 feet, more or less, to a point on the south line of Section 9 that bears westerly 2,600 feet from the southeast corner of Section 9; thence south 500 28' east 661 feet; thence south 020 41' east 1,407 feet; thence south 890 09' east 1,111 feet; thence south 640 53' east 602 feet; thence southerly in a straight line 500 feet, more or less, to a point on the south line of the northeast quarter of Section 16 (T1 S, R1 E) that bears westerly 200 feet from the east quarter corner of Section 16; thence easterly 200 feet to said quarter corner; thence along the east line of Section 16, southerly 600 feet, more or less, to a point that bears northerly 2,000 feet from the southwest corner of Section 15 (T1 S, R1 E);thence south 820 43' east 585 feet; thence south 620 58' east 507 feet; thence south 280 34' east 937 feet; thence southeasterly in a straight line 1,150 feet, more or less, to a point on the south line of said Section 15 that bears easterly 2,230 feet from the southwest corner of Section 15; thence north 540 24' east 959 feet; thence south 870 44' east 1,109 feet; thence north 820 28' east 826 feet; thence easterly in a straight line 410 feet, more or less, to a point on the west line of Section 14 (T1 S, R1 E) that bears northerly 550 feet from the southwest corner of Section 14; thence southerly 550 feet to said southwest corner; thence along the south line of Section 14, easterly 850 feet; thence south 470 58' east 240 feet; thence south 600 57' east 817 feet; thence south 780 53' east 465 feet; thence south 440 42' east 669 feet; thence south 570 44' east 557 feet; thence south 190 11' east 225 feet; thence north 880 57' east 182 feet; thence south 360 17' east 435 feet; thence south 710 41' east 321 feet; thence south 150 00' east 300 feet; thence south 060 23' west 337 feet; thence north 840 36' east 670 feet; thence south 630 45' east 297 feet; thence south 350 06' east 386 feet; thence south 160 16' east 529 feet; thence south 300 57' west 512 feet; thence southeasterly in a straight line 226 feet, more or less, to a point on the west line of Section 24 (T1 S, R1 E) that bears northerly 1,280 feet from the southwest corner of Section 24; thence south 500 33' east 130 feet; thence north 300 57' east 704 feet; thence south 66° 44' east 119 feet; thence south 250 19' east 394 feet; thence south 880 39' east 523 feet; thence south 23° 29' east 710 feet; thence south 410 43' east 228 feet; thence 2 d/ex:da108 southeasterly in a straight line 790 feet, more or less, to a point on south line of said Section 24 that bears easterly 2,250 feet from the southwest corner of Section 24; thence south 300 45' east 774 feet; thence south 090 38'west 628 feet; thence south 620 02' west 190 feet; thence south 270 58' east 321 feet; thence south 700 20' east 479 feet; thence south 000 52' west 246 feet; thence south 340 40' east 473 feet; thence south 690 48' east 201 feet; thence southeasterly in a straight line 2,524 feet, more or less, to a point on the east line of Section 25 (T1 S, R1 E) that bears northerly 850 feet from the southeast corner of Section 25; thence south 430 23' east 560 feet; thence south 750 14' east 245 feet; thence north 740 19' east 674 feet; thence south 720 33' east 446 feet; thence north 830 22' east 850 feet; thence north 440 56' east 678 feet; thence north 610 03' east 745 feet; thence north 160 24' west 656 feet; thence northeasterly in a straight line 600 feet, more or less, to a point on the south line of the northeast quarter of Section 30, Township 1 South, Range 2 East, that bears westerly 1,500 feet from the east quarter corner of Section 30; thence north 320 01' east 320 feet; thence north 100 36' east 1,160 feet; thence north 850 18' east 147 feet; thence south 530 35' east 357 feet; thence south 680 04' east 625 feet; thence southeasterly in a straight line 134 feet, more or less, to a point on the east line of said Section 30 that bears southerly 1,730 feet from the northeast corner of Section 30; thence south 420 56' east 275 feet; thence north 400 23' east 324 feet; thence north 190 11' east 281 feet; thence north 030 31' west 360 feet; thence northwesterly in a straight line 1,142 feet, more or less, to the southwest corner of Section 20 (T1 S, ME); thence along the west line of Section 20, northerly 1,100 feet; thence north 180 55' east 600 feet; thence north 260 53' east 783 feet; thence northeasterly in a straight line 330 feet, more or less, to a point on the south line of the northwest quarter of said Section 20 that bears easterly 740 feet from the west quarter corner of Section 20; thence north 400 25' east 314 feet; thence north 570 37' east 721 feet; thence north 380 16' west 726 feet; thence north 190 23' west 638 feet; thence north 050 56' east 179 feet; thence north 790 31' east 1,469 feet; thence easterly in a straight line 300 feet, more or less, to a point on the east line of the northwest quarter of said Section 20 that bears southerly 350 feet from the north quarter corner of Section 20; thence northerly 350 feet to said quarter corner; thence along the north line of Section 20, easterly 2,640 feet, more or less, to the southwest corner of Section 16 (T1 S, R2E); thence along the south line of Section 16, easterly 290 feet; thence north 540 56' east 300 feet; thence north 820 23' east 654 feet; thence north 540 42' east 957 feet; thence north 210 18' east 360 feet; thence north 400 13' east 2,914 feet; thence north 140 29' east 813 feet; thence north 570 31' east 611 feet; thence easterly in a straight line 670 feet, more or less, to a point on the east line of said Section 16 that bears southerly 600 feet from the northeast corner of Section 16; thence north 770 37' east 200 feet; thence north 410 59' east 265 feet; thence north 710 37' east 435 feet; thence northeasterly in a straight line 280 feet, more or less, to a point on the south line of Section 10 (T1 S, R2E) that bears easterly 950 feet from the southwest corner of Section 10; thence along said south line, easterly 1,690 feet, more or less, to the south quarter corner of Section 10; thence along the west line of the east half of Section 10, northerly 300 feet; thence north 800 37' east 625 feet; thence north 240 23' east 2,942 feet; thence easterly in a straight line 850 feet, more or less, to a point on the east line of said Section 10 that bears southerly 2,350 feet from the northeast corner of Section 10; thence south 730 12' east 500 feet; thence north 670 21' east 593 feet; thence north 21.0 31' east 384 feet; thence north 170 27' west 494 feet; thence north 650 56' west 299 feet; thence north 170 27' west 200 feet; thence north 550 13' east 195 feet; 3 d/ex:da108 thence north 08°23' east 750 feet; thence easterly in a straight line 770 feet, more or less, to a point on the south line of Section 2 (T1 S, R2E) that bears easterly 1,700 feet from the southwest corner of Section 2; thence north 270 26' east 354 feet; thence north 760 38' east 1,312 feet; thence north 520 23' east 900 feet; thence south 840 24' east 499 feet; thence north 790 44' east 297 feet; thence north 070 50' east 162 feet; thence north 360 28' west 364 feet; thence north 290 40' east 521 feet; thence north 060 47' east 749 feet; thence north 380 41' east 534 feet; thence north 050 29' east 892 feet; thence northeasterly in a straight line 160 feet, more or less, to a point on the east line of said Section 2 that bears southerly 1,040 feet from the northeast corner of Section 2; thence northerly 1,040 feet to said northeast corner; thence along the north line of Section 2, westerly 1,355 feet, more or less, to a point that bears easterly 3,925 feet from the northwest corner of Section 2; thence north 460 36' west 90 feet; thence north 170 27' east 405 feet, thence north 250 44' west 1,267 feet; thence north 000 53' west 409 feet; thence northerly in a straight line 460 feet, more or less, to a point on the west line of relocated Marsh Creek Road right-of-way (said point being the southerly terminus of the course shown as "South 17° 06' 03"West 284.45 feet" in the Grant Deed to Contra Costa County recorded November 2, 1970 in Volume 6247 of Official Records at page 1.7); thence along said west line the following courses: north 170 06' 03" east 284.45 feet, north 220 49' 49" east 189.27 feet, north 080 57' 35" east 215.51 feet, north 110 12' 29" east 245.17 feet, and north 520 03' 45" west 102.76 feet to a point on the boundary of Marsh Creek Damsite PARCEL 1 recorded January 31, 1964 in Volume 4544 of Official Records at page 616; thence leaving the west line of relocated Marsh Creek Road right-of-way 6247 O.R. 17) and following the boundary of Marsh Creek Damsite PARCEL 1 (4544 O.R. 616) the following courses: south 360 07' 01" west 652.48 feet, north 57° 43' 22" west 171.87 feet, south 320 16' 38" west 15.00 feet, north 570 43' 22" west 758.70 feet, north 130 12' 43" east 189.92 feet, north 020 42' 12" west 211.92 feet, north 590 02' 37" west 195.29 feet, south 680 03' 28" west 105.96 feet, south 430 03' 57" west 512.38 feet, and south 320 05' 40"west 800 feet, more or less, to the north line of the south half of Section 35, Township 1 North, Range 2 East; thence leaving the boundary of said Damsite PARCEL 1 (4544 O.R. 616), westerly 400 feet, more or less, along said north line to a point that bears easterly 750 feet from the west quarter corner of Section 35; thence south 380 32' west 855 feet; thence south 000 11' east 482 feet; thence south 070 28' west 768 feet; thence south 520 04' east 660 feet; thence southeasterly in a straight line 600 feet, more or less, to a point on the south line of said Section 35 that bears easterly 1,150 feet from the southwest corner of Section 35; thence south 570 37' east 280 feet; thence south 090 22' east 150 feet; thence south 540 21' west 247 feet; thence south 090 07' east 147 feet; thence south 470 30' west 107 feet; thence north 690 07' west 266 feet; thence south 680 11' west 673 feet; thence westerly in a straight line 300 feet, more or less, to a point on the east line of Section 3 (T1 S, R2E) that bears southerly 713 feet from the northeast corner of Section 3; thence north 700 09' west 592 feet; thence south 830 52' west 509 feet; thence north 610 46' west 811 feet; thence northwesterly in a straight line 885 feet, more or less, to the north quarter corner of said Section 3; thence along the north line of Section 3, westerly 621 feet; thence south 290 30' east 431 feet; thence south 210 47' west 413 feet; thence south 010 48' east 396 feet; thence south 830 26' west 852 feet; thence south 710 37' west 568 feet; thence north 680 43' west 176 feet; thence northwesterly in a straight line 1,003 feet, more or less, to a point on the west line of said Section 3 that bears southerly 525 feet from the northwest corner of Section 3; thence 4 d/ex:da108 north 650 53' west 491 feet; thence north 870 44' west 995 feet; thence north 730 35' west 188 feet; thence south 810 18' west 228 feet; thence south 260 25' west 798 feet; thence south 470 41' west 216 feet; thence north 550 52'west 970 feet; thence north 630 38' west 776 feet; thence northerly in a straight line 240 feet, more or less, to a point on the south line of Section 33 (T1 N, R2E) that bears easterly 1,450 feet from the southwest corner of Section 33; thence north 070 30' east 20 feet; thence north 050 23' west 219 feet; thence north 600 26' west 390 feet; thence north 880 08' west 287 feet; thence north 360 40' west 341 feet; thence westerly in a straight line 614 feet, more or less, to a point on the west line of said Section 33 that bears northerly 830 feet from the southwest corner of Section 33; thence north 580 56' west 619 feet; thence north 230 56' west 358 feet; thence north 800 59' west 269 feet; thence north 550 15' west 179 feet; thence north 000 29' east 352 feet; thence north 260 18' west 481 feet; thence north 040 24' east 138 feet; thence north 720 42' east 214 feet; thence northeasterly in a straight line 40 feet, more or less, to a point on the south line of PARCEL D of "Subdivision MS 64-77" filed February 16, 1978 in Book 63 of Parcel Maps at page 32 (Said point bears north 890 52' 55" east 1,575 feet from the southwest corner of PARCEL D.); thence northerly in a straight line 600 feet, more or less, to a point on the north line of said PARCEL D that bears south 680 33' 51" east 1,619 feet from the northwest corner of PARCEL D; thence north 680 33' 51" west 1,619 feet to said northwest corner; thence northwesterly in a straight line 2,588 feet, more or less, to a point on the south line of Section 29 (Ti N, R2E) that bears easterly 480 feet from the southwest corner of Section 29; thence westerly 480 feet to said southwest corner; thence along the west line of Section 29, northerly 300 feet; thence north 560 51' west 696 feet; thence north 520 26' west 1,976 feet; thence north 660 10' west 1,130 feet; thence north 880 19' west 503 feet; thence south 700 32' west 591 feet; thence south 390 35' west 681 feet; thence south 590 39' west 181 feet; thence south 230 07' west 668 feet; thence southwesterly in a straight line 200 feet, more or less, to a point on the east line of Section 25, Township 1 North, Range 1 East, that bears northerly 850 feet from the southeast corner of Section 25; thence southerly 850 feet to said southeast corner; thence along the south line of Section 25, westerly 2,980 feet; thence north 730 14' west 388 feet; thence north 660 42' west 1,173 feet; thence westerly in a straight line 874 feet, more or less, to a point on the east line of Section 26 (T1 N, R1 E) that bears northerly 772 feet from the southeast corner of Section 26; thence north 770 west 171 feet; thence north 520 29' west 954 feet; thence north 070 33' west 834 feet; thence north 260 50' west 849 feet; thence north 730 38' west 303 feet; thence north 490 56'west 476 feet; thence north 820 23' west 513 feet; thence southwesterly in a straight line 73 feet, more or less, to a point on the east line of the northwest quarter of said Section 26 that bears southerly 1,885 feet from the north quarter corner of Section 26; thence south 550 59' west 642 feet; thence south 430 44'west 217 feet; thence south 030 13' east 650 feet; thence south 650 25' west 599 feet; thence north 500 03' west 465 feet; thence north 000 45' east 590 feet; thence north 320 06' west 392 feet; thence westerly in a straight line 940 feet, more or less, to a point on the west line of said Section 26 that bears southerly 1,780 feet from the northwest corner of Section 26; thence north 710 27' west 964 feet; thence north 000 26' west 470 feet; thence north 330 40' west 326 feet; thence north 570 27' west 762 feet; thence north 800 08' west 463 feet; thence northwesterly in a straight line 505 feet, more or less, to the south quarter corner of Section 22 (T1 N, R1 E); thence north 740 06' west 438 feet; thence north 210 39' west 498 feet; thence north 400 23' east 280 feet; thence north 280 37' west 429 feet; thence north 060 33' east 447 feet; thence south 820 44' west 5 d/ex:da108 320 feet; thence north 450 27' west 282 feet; thence south 520 21' west 265 feet; thence westerly in a straight line 49 feet, more or less, to a point on the east line of the west half of the southwest quarter of said Section 22 that bears southerly 1,075 feet from the northeast corner of said west half; thence northerly 1,075 feet to said northeast corner; thence along the north line of the southwest quarter of said Section 22,westerly 270 feet; thence northwesterly in a straight line 650 feet, more or less, to a point hereinafter referred to as Point "F". The location of Point "F" is described as follows: Commencing at the south quarter corner of Section 16 (T1 N, R1 E); thence easterly 290 feet along the south line of Section 16; thence south 380 04' east 277 feet; thence south 130 03' east 266 feet; thence south 500 59' east 474 feet; thence north 300 40' east 354 feet; thence north 770 12' east 327 feet; thence south 550 41' east 907 feet; thence south 730 27' east 691 feet; thence south 580 15' east 355 feet; south 150 50' east 321 feet; thence south 430 06' east 304 feet; thence south 110 00' west 295 feet to Point "F".] Thence from Point "F" north 110 00' east 295 feet; thence north 430 06' west 304 feet; thence north 150 50' west 321 feet; thence north 580 15' west 355 feet; thence north 730 27' west 691 feet; thence north 550 41' west 907 feet; thence south 770 12' west 327 feet; thence south 300 40' west 354 feet; thence north 500 59' west 474 feet; thence north 130 03' west 266 feet; thence north 380 04' west 277 feet to the south line of Section 16 (T1 N, R1 E); thence along said south line, westerly 290 feet, more or less, to the north quarter corner of Section 21 (T1 N, R1 E); thence along the east line of the northwest quarter of Section 21, southerly 298 feet; thence north 830 07' west 931 feet; thence south 640 33' west 929 feet; thence westerly in a straight line 350 feet, more or less, to a point on the west line of said Section 21 that bears southerly 500 feet from the northwest corner of Section 21; thence along said west line southerly 1,132 feet; thence north 890 54' east 126 feet; thence south 590 18' east 1,170 feet; thence south 110 47' east 237 feet; thence south 380 26'west 470 feet; thence north 840 37' west 183 feet; thence south 580 55'west 160 feet; thence north 370 36' west 194 feet; thence south 680 16' west 305 feet; thence southwesterly in a straight line 211 feet, more or less, to a point on the east line of Section 20 (T1 N, RIE) that bears northerly 2,050 feet from the southeast corner of Section 20; thence southwesterly in a straight line 702 feet, more or less, to a point hereinafter referred to as Point "G". The location of Point "G" is described as follows: Commencing at the northwest corner of Section 29 (T1 N, R1 E); thence easterly 1,830 feet along the north line of Section 29; thence north 120 45' east 135 feet; thence north 820 09' east 1,368 feet; thence north 420 20' west 288 feet; thence north 410 58' east 556 feet; thence north 200 07' east 381 feet; thence north 730 30' east 1,280 feet to Point "G".] Thence from Point "G" south 730 30' west 1,280 feet; thence south 200 07' west 381 feet; thence south 410 58' west 556 feet; thence south 420 20' east 288 feet; thence south 820 09' west 1,368 feet; thence south 120 45' west 135 feet to the north line of Section 29 T1 N, R1 E); thence continuing south 120 45' west 190 feet, thence south 470 17' west 869 feet; thence southwesterly in a straight line 1,269 feet, more or less, to a point on the west line of said Section 29 that bears southerly 1,200 feet from the northwest corner of 6 d/ex:da108 Section 29; thence along said west line, southerly 120 feet, more or less,to the southeast corner of PARCEL A of "Subdivision MS 173-69" filed November 27, 1970 in Book 14 of Parcel Maps at page 47; thence along the south line of said PARCEL A, westerly 230 feet; thence south 350 31' west 537 feet; thence south 100 08' east 641 feet; thence south 290 32' west 164 feet; thence south 580 55' west 1,851 feet; thence south 090 25' west 302 feet; thence south 260 32' east 976 feet; thence south 520 30' east 317 feet; thence southerly in a straight line 386 feet, more or less, to a point on the south line of Section 30 (T1 N, R1 E) that bears westerly 1,470 feet from the southeast corner of Section 30; thence south 130 13' west 350 feet; thence south 140 30' east 340 feet; thence south 050 50' west 442 feet; thence south 690 34' west 971 feet; thence southwesterly in a straight line 900 feet, more or less, to a point on the east line of that 5 acre State of California parcel recorded June 30, 1978 in Volume 8904 of Official Records at page 898 (Said point bears northerly 230 feet from the southeast corner of said 5 acre parcel.); thence along the boundary of said 5 acre parcel, southerly 230 feet and westerly 300 feet, to the southwest corner (8904 O.R. 898); thence south 660 west 450 feet; thence south 230 08' west 1,138 feet; thence south 390 34' west 1,283 feet; thence southwesterly in a straight line 467 feet, more or less, to the Point of Beginning. LH:mg/cw/drg ex:da108 June 5, 1990 7 EXHIBIT "B" ORDINANCE NO. 90/ AN ORDINANCE OF THE CONTRA COSTA COUM FIOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CX7I1M COSTA COUNTY FIMD CONTROL AND WATER C7ONSERVATICH DISTRICT' UtA14AGE AREA 108 n the Board of Supervisors of Contra Costa County as the governing body of the Contra Costa County Flood Control aixi Water Conservation District does ordain as folJ ows: SE:C110N I. DRAINAGE PLAN. the drainage plan and map entitled "Drainage Area 108, Boundary Map and Regional Drainage Plan", dated June, 1990, 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 108 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) . SEC1ON II. FINDINGS. this Board finds and determines that said drainage area has inadequate drainage facilities; that future subdivision arra 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; 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. SECTICNI III. EXFMMONS. 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 goverrment 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. SEMON 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. BUIIDING PERMITS. Except as permitted under Section III and IV, the 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 $145 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, patios etc., the amount of net increase in impervious surface shall be subject to a fee of $0.17 per square foot, but not to exceed the amount required under Section VII. ORDINANCE NO. 90/ Page 1 of 3 SECTION vi. SUBDMSIONS. 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. 'rhe fee amount shall be as set forth in Section VII. SECTION VII. FETE SCNEDUIE Buil subdivision C=nercial/Jndustrial/D;&rnb_wn office 6990/acre 7510/acre office (Medium) : 5990/acre 6695/acre Office (Light) : 5015/acre 5650/acre Multifamily Efflidential (Including Mobile Home Parks) : Fess than 2,500 sq. ft. of land .per unit 5510/acre 5510/acre 2,500 to 2,999 of 325/unit 325/unit 3,000 to 3,999 of 375/ Of 375/ " 4,000 to 4,999 of 435/ "435/ It 5,000 to 5,999 of 500/ "500/ " 6,000 to 6,999 560/ it 560/ " 7,000 to 7,999 620/ it 620/ " 8,000 + 650/ Is 650/ " Siegle Family Residential: 4,000 to 4,999 sq. ft. of lard per unit 460/unit 735/unit 5,000 to 5,999 of of 480/ " 765/ " 6,000 to 6,999 to 500/ " 795/ it 7,000 to 7,999 it 520/ " 825/ " 8,000 to 91999 550/ " 870/ " 10,000 to 13,999 it 610/ " 960/ " 14,000 to 19,999 is 710/ "1100/ " 20,000 to 29,999 of 880/ "1320/ " 30,000 to 39,999 " It 1095/ Of 1580/ If 40,000 + if 1310/ of 1820/ " agricultural: Under 10% of lot inpervious E xeupt More than 10% of lot impervious 6665/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. Zhe 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. SECFION VIII. FEE PAYMENT. She 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 paid into the Ctaunty 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 to reduce the principal or interest of- any bonded indebtedness of the drainage area. ORDINANCE NO. 90/ Page 2 of 3 SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ord- inance 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 inpervious 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 develcpnent site in question shali be credited against the fees payable under Section VII. SECTION X. EFFECTIVE OATS. 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 "Brentwood News", a newspaper published in this county. PASSED AND ADOPTED OR by the following votes AYES: NOES: ABSENT Chair of the Board ATIEST: PHIL BAZCMDR, Clerk of the Board of supervisors and County Administrator By Deputy FC:ORD108.T6 June 5, 1990 ORDINANCE NO. 90/ Page 3 of 3 r qY;{ ,r i° ... .. .. .":v.: `Y'.a'c•ie;1{y ;i:¢.r r,,, .-,d.,•,,,s., yc sN 4>.xj•.:Gr.h.•;{' r. ..