HomeMy WebLinkAboutMINUTES - 12191989 - 2.7 _ 2.7
TO: BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF CONTRA
COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: December 19, 1989
SUBJECT: Request by Robbie and Jane Fowler to Reduce Amount of
Drainage Fee
Specific Request(s) or Recommendation(s) & Background &
Justification
RECOMMENDATION
ACCEPT report from J. Michael Walford, Chief Engineer, regarding
request by Robbie and Jane Fowler of 121 Shady Lane, Walnut Creek
to reduce drainage fee assessments and DENY request.
BACKGROUND
Robbie and Jane Fowler of 121 Shady Lane, Walnut Creek, submitted
a letter to the Board of Supervisors dated October 1, 1989
requesting a reduction to a drainage fee assessment. The letter
has been referred to the Flood Control District for a report back
to the Board.
The Fowlers recently initiated a 1, 100 square foot enlargement to
their existing single family residence which is located within
the boundaries of Drainage Area 44B. In order to obtain a
building permit a drainage fee of $6,439. 00, per the fee
ordinance, had to be paid. The Fowlers are questioning the
appropriateness of the "per-acre" fee ordinance and are
requesting an adjustment to the amount of their fees.
,
Continued on attachment: X yes Signature-
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other:
Signature(s) :
Action of Board on: un C 19 1989
Approved as Recommended Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF AN
Unanimous (Absent I ) ACTION TARN AND ENTERED ON
Ayes: Noes: THE MINUTES OF THE BOARD OF
Absent: Abstain: SUPERVISORS ON DATE SHOWN.
Attested QF('. 19 19RG
Orig. Div. :Public Works (FCE)
cc: County Administration PHIL BATCHELOR,
Community Development CLERK OF THE BOARD
Building Inspection OF SUPERVISORS AND
County Counsel' COUNTY ADMINISTRATOR
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller.
Chief Engineer
Accounting By
Engineering Services DEPUTY CLERK
bo:3044b.tl2
bo:3044b.t12
We have reviewed the situation and found no errors in the
application of the Drainage Area Fee Ordinance (83-60) or in the
calculation of the fee amount. The fee obligation of $6,439.00
is correct.
Ordinance 83-60 allows for an exemption from the fee obligation
when a building enlargement is less than 500 square feet. The
500 square feet is considered a reasonable amount but is less
than the Fowler's addition of 1,100 square feet. It would be
inappropriate to consider any amount greater than 500 square feet
for an exemption.
When Drainage Area 44B was formed some of the area within its
boundaries, including the Fowler property, had already been
developed and very little drainage infrastructure constructed.
Through the years, the funds received from this fee ordinance
have provided for significant improvements to the drainage
system. The Fowlers, as well as their neighbors, have benefited
from these and future improvements and should therefore
participate in the cost of their construction.
The Fowlers point out that all of the recently formed Drainage
Areas have fee ordinances based on created impervious surfaces
rather than on a per-acre basis. We consider both methods of fee
assessment to be equitable even though the per-acre fee tends to
shift the burden from commercial developments to the single
family residential development. Equity for one may be an excess
burden for another.
FISCAL IMPACT
In order to complete the planned improvements for DA 44B addi-
tional fee revenues are necessary. Any adjustment or change in
the fee structure must provide the total revenues needed.