HomeMy WebLinkAboutMINUTES - 10301990 - 2.2 TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL WATER AND CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: October 30, 1990
SUBJECT: RESPONSE TO BOARD REFERRAL OF SEPTEMBER 11, 1990-LETTER REQUESTING
EXEMPTION FROM DRAINAGE AREA 101A FEE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ACCEPT report from the Chief Engineer and DETERMINE that all developments within the
Drainage Area 101 A watershed shall bear their prorate share of the regional drainage mitigation
measures including the Blackhawk Corporation,Behring Educational Institute,and co-developers
of the Blackhawk Commercial Center.
11. Financial Impact:
Excluding the Blackhawk commercial area from the area wide regional drainage fee will increase
the prorate cost to all other developing properties within the same watershed by approximately
10 percent.
III. Reasons for Recommendations and Background:
On May 10, 1988, The Board formed Drainage Area 101 A and adopted a drainage fee ordinance
of$.20 per square foot of new impervious surface to fund the regional drainage improvements
needed to accommodate new urbanization and mitigate their hydrology impact. The regional
facilities serve all of the developing properties in the watershed which includes the Blackhawk
commercial center. Since adoption of the fee ordinance, new developments in the commercial
center have been required to pay the drainage fee.
Continued on Attachment: SIGNATURE: okl,4�
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON October 30- 1990 APPROVED AS RECOMMENDED OTHER XX
THE BOARD THIS DAY DEFERRED DE.CI'STQN ON THE ABOVE REQUEST FOR EXEMPTION TO
NOVEMBER 6, 1990, AS REQUESTED BY THE PUBLTC WORKS DIRECTOR AND THE APPLICANT.
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN:
1 hereby certify that this is a true and correct copy of
MFK:Iv an action taken and entered on the minutes of the
a:bo\30.t10 y Board of Supervisors the date shown.
Orig. Div: Public Works Department
ATTESTED: V- 3 D , / 9 f O
PHIL BATCHELOR,Clerk of the Board
Cc: ; of supervisors and county Administrator
Flood Control Division
County Administrator's Office By _. ,oe"
County Counsel
Community Development Director
Exemption From DA101 A
October 30, 1990
Page Two
County Counsel has reviewed the legal grounds presented by the Blackhawk attorneys, Preiss
& Hammel. Their conclusion is that Blackhawk is obligated to pay the drainage fee, unless the
development agreement described below was intended to also cover fees approved by the
Board as the governing board of other agencies. Contrary to the claim made in the August 27,
1990 letter to the Board on this matter, there is no documentation that the Board of Supervisors
was also sitting as the governing board of Contra Costa County Flood Control and Water
Conservation District when the Board executed the May 21, 1985 Development Agreement for
the commercial center. To our knowledge the Board of Supervisors has never executed a
county Development Agreement while ex-officer the governing board of Contra Costa County
Flood and Water Conservation District. The Flood Control District is a separate political entity
from the County, similar to any sanitary or domestic water district. Any execution of a
development agreement binding the Flood Control District should be accomplished by separate
agreement. To our knowledge, the District has never been a party to any development
agreement.
We recommend that the Board determine that all developing properties within Drainage Area
101 A be required to pay their prorate share of the regional improvements based on the amount
of impervious surfaces they create in the watershed.
IV. Consequences of Negative Action:
The other developing properties in the watershed would have to bear a larger share of the
project cost.