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HomeMy WebLinkAboutMINUTES - 01121993 - 1.11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on January 12, 1993, by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/ 23 (West's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Repeal of Drainage Fee Ordinance No. 83-21 and Adoption of a new Drainage Fee Ordinance for Drainage Area 29G, Antioch Area. Project No. 7568-6D8223. 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 the filing of supplementary, amendatory and additional engineer's reports and for the adoption of drainage fee ordinances. This Board has before it for consideration the adoption of the proposed new drainage fee ordinance for Drainage Area 29G, which is attached hereto and marked Exhibit "A," providing for payment of the increased cost of the facilities described in said drainage plan. This Board also has before it the engineer's report, entitled "Engineer's Report for the Repeal of Ordinance 83-21 and the Adoption of a New Drainage Fee Ordinance for the Contra Costa County Flood Control and Water Conservation District Drainage Area 29G." Said documents which provide an updated 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. It is proposed that the existing drainage fee Ordinance No. 83-21 be repealed and that the attached drainage fee ordinance be adopted. At 11 a.m. on February 23, 1993, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage fee ordinance. At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the proposed repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Antioch Daily Ledger, a newspaper of general circulation, circulated in Drainage Area 29G. 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 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 Sections 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. Resolution 93/ 23 Notification of Hearing for Repeal of Drainage Fee Ordinance NO. 83-21 Adoption of Drainage Fee Ordinance for Drainage Area 29G January 12, 1993 Page Two IT IS FURTHER RESOLVED that the exterior boundaries of said drainage area include lands within the City of Antioch. The Clerk of the Board is DIRECTED to forward to the governing body of said cities a copy of this Resolution at least twenty (20) days before the above noted hearing. I hereby certify that this is a true and correct copy 3t an action taken and enteitpd on the minutes of the 3oard of Supervisors on on thee date shown. ATTESTED: JAN 12 i9-gi PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By 4A J ,(Deputy SC:kd C:BO\BORES29G.t11 Contact: P. Harrington 313-2285 Originator: Public Works Department (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 Building Industry Association P.O. Box 5160 San Ramon, CA 94583 David Lennon Hofman Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 S. Main Street #150 Walnut Creek, CA 94596 EXHIBIT A ORDINANCE NO. 93/ AN ORDINANCE REPEALING ORDINANCE NO: 83-21 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29G 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 1. Ordinance No. 83-21 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Area 29G: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29G, Boundary Map and Drainage Plan", dated December, 1982, 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 29G 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; or included in the Engineer's Report; 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. Ordinance Repealing Ordinance No. 83-21 Page Two 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 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. 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 $360 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 $0.42 per square foot, but not to exceed the amount required under Section VII. 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. ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 83-21 Page Three SECTION VII. FEE SCHEDULE. Development Type Building Permit Subdivision Commercial/Industrial/Downtown Office $17,270 /acre $18,550 /acre Office (Medium) $14,800 /acre $16,540 /acre Office (Light) $12,385 /acre $13,960 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $13,610 /acre $13,610 /acre 2500 to 2999 sq. ft. of land per unit $ 805 /unit $ 805 /unit 3000 to 3999 sq. ft. of land per unit $ 925 /unit $ 925 /unit 4000 to 4999 sq. ft. of land per unit $ 1,075 /unit $ 1,075 /unit 5000 to 5999 sq. ft. of land per unit $ 1,230 /unit $ 1,230 /unit 6000 to 6999 sq. ft. of land per unit $ 1,380 /unit $ 1,380 /unit 7000 to 7999 sq. ft. of land per unit $ 1,530 /unit $ 1,530 /unit 8000+ sq. ft. of land per unit $ 1,605 /unit $ 1,605 /unit Development Type Building Permit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $ 1,130 /unit $ 1,810 /unit 5000 to 5999 sq. ft. of land per unit $ 1,180 /unit $ 1,885 /unit 6000 to 6999 sq. ft. of land per unit $ 1,230 /unit $ 1,960 /unit 7000 to 7999 sq. ft. of land per unit $ 1,280 /unit $ 2,035 /unit 8000 to 9999 sq. ft. of land per unit $ 1,355 /unit $ 2,145 /unit 10000 to 13999 sq. ft. of land per unit $ 1,510 /unit $ 2,365 /unit 14000 to 19999 sq. ft. of land per unit $ 1,760 /unit $ 2,720 /unit 20000 to 29999 sq. ft. of land per unit $ 2,175 /unit $ 3,265 /unit 30000 to 39000 sq. ft. of land per unit $ 2,700 /unit $ 3,900 /unit 40000+ sq. ft. of land per unit $ 3,240 /unit $ 4,490 /unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $16,465 /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 ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 83-21 Page Four 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. 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 deposited in 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 used to reduce the principal or interest of any bonded indebtedness of the drainage area. SECTION IX: CREDIT. Drainage fees previously paid shall be credited as follows: a) Where drainage fees have been paid under a former drainage fee ordinance 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 ordinance, the dollar amount of the fee paid for the development site in question shall be credited against the fees payable under Section VII. ORDINANCE NO. 93/ Ordinance Repealing Ordinance No. 83-21 Page Five 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"Antioch Daily Ledger," a newspaper published in this area. 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 SC:kd C:DA\DA29GA.t12 ORDINANCE NO. 93/ r ENGINEER'S REPORT FOR THE REPEAL OF DRAINAGE FEE ORDINANCE 83-21 AND THE ADOPTION OF A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 29G Prepared by Sam Choi Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez,CA 94553 November, 1992 1. RECOMMENDATION It is recommended that: a. The existing Drainage Fee Ordinance No. 83-21 for Drainage Area 29G be repealed; and that b. A new drainage fee ordinance reflecting cost increases be adopted. 2 . GENERAL Drainage area 29G was formed and a fee ordinance was adopted in 1983 . Since that time, inflation has made the current fee inadequate to complete the drainage facilities outlined in the Drainage Plan. 3 . DRAINAGE AREA LOCATION AND DESCRIPTION Drainage area 29G is located in the east portion of the City of Antioch, bounded roughly by Highway 160 (Antioch Bridge) to the east, Wilbur Avenue to the north, Oakley road to the south, and Phillips Lane to the west. The exact boundary is shown on Contra Cost County Flood control and Water Conservation District drawing No. D-12031. The drainage area contains approximately 328 acres. The area consists of gently rolling terrain with sink holes. The majority of the watershed area has been used for agricultural purposes,but it also contains some single family dwellings and commercial-light industries adjacent to Wilbur Avenue and Victory Highway. The current General Plan of the City of Antioch classified the area of Phillips Lane and Oakley Road as high density residential zone, and the area between Wilbur Avenue and Victory Highway is planned for commercial and light industrial development. 4 . REASONS FOR FEE ORDINANCE CHANGE The fee ordinance now in effect was adopted in 1983 . Since that time construction costs and land values in the area have risen considerably. The revenue to be generated by the current drainage fee of $0. 27 per square feet of. impervious surface area is not sufficient to complete the proposed drainage facilities in the Drainage Plan of DA 29G. The new fee ordinance proposed for Drainage Area 29G is based on the projected construction and land costs, and should be sufficient to complete the planned improvements. 5. COST ESTIMATE A detailed cost estimate of drainage facilities to be constructed is attached as Appendix-A. In order to determine the new fee, the drainage fees collected and deposited in the revolving fund and the anticipated fee from the approved development to date were subtracted from the estimated total cost. Then 52 percent of the adjusted total cost was projected to 1994 cost and the remaining 48.0 percent was projected to the 1997 cost using 3 percent annual inflation rate. The total cost is broken down as following. Construction $1,576,200 Utility relocation 100, 000 Right-of-Way 582,400 Administration & Engineering 509, 100 Contingencies 262 , 600 Total Project Cost (1993 Dollars) $3,030,300 Deposit in Revolving Fund - 64 ,000 Anticipated Fee from approved development(s) - 81, 800 Total Project Cost (1993) $2,884,500 Inflation cost of 52 pecent of total cost projected to 1994 cost at 3 percent annual inflation rate $1,545, 000 Inflation cost of 48 percent of total cost projected to 1997 at 3 percent annual inflation rate $1, 558, 000 Adjusted total cost $3,103,000 6. CALCULATION OF NEW FEE The proposed new fee, $0. 42 per square feet of impervious surface, was calculated by dividing the total project cost ($3, 103, 000) by the total amount of new impervious surface area (7, 365, 073 square feet) expected to be created within Drainage Area 29G. Development type and densities are based on the City and County General Plans for the area. Drainage Area 29G contains 328 acres. Out of this 328 acres, the remaining area to be developed is approximately 189 acres. The impervious surface area to be developed is calculated as follows. IMPERVIOUS SURFACE DEVELOPMENT TYPE AREA, SQUARE FEET Commercial & industrial 6, 146,900 Single Family Residential (R-7 904, 500 Multi-Family Residential 313 ,700 TOTAL 7, 365, 073 The proposed new drainage fee schedule is attached as Appendix B. 7 . CALIFORNIA ENVIRONMENTAL QUALITY ACT Because the update of the existing drainage fee ordinance for Drainage Area 29G is considered an administrative action, it does not fall under the regulation of the California Environmental Quality Act pursuant to Section 15061(b) (3) of the Act's guidelines. APPENDIX-A COST ESTIMATE DA-29G (1993 Prices) Item No. & Item Quantity Unit Unit Price Total Price 1. 54" CP 550 LF 108 59,400 (Concrete Pipe) 2 . 48" CP 450 LF 96 43,200 3 . 42" CP 4, 050 LF 85 344,250 4. 42" RSP 3 , 000 LF 85 255,000 - (Ribbed 55,000(Ribbed Steel Pipe) 5. 36" CP 2 ,895 LF 72 208,440 6. 36" RSP 800 LF 72 57, 600 7. 30" CP 2,750 LF 60 165,000 8 . 30" RSP 800 LF 60 48,000 9. 27" CP 725 LF 55 39,875 10. 24" CP 1,745 LF 49 85,505 11. 21" CP (Jack) 300 LF 150 45,000 12 . TYPE I MH 8 EA 1,500 12,000 13 . TYPE II MH 27 EA 2,500 67, 500 14 . TYPE III MH 3 EA 3 ,750 11,250 15. DRAINAGE INLETS 4 EA 1,250 51000 16. OUTFALL STRUCTURE 1 EA 5,000 5,000 17. BASIN FENCING . 1,970 LF 12 23, 640 18. BASIN EXCAVATION 30,500 CY 1.. 5 45,750 19. BASIN INLET 4 EA 2,000 8,000 20. BASIN OUTLET 1 EA 5, 000 5,000 21. EROSION CONTROL 3 . 1 AC 3 ,800 11,780 22 . TEMP. FACILITIES i LS LS 30, 000 - TOTAL CONSTRUCTION COST (NEAREST $100) $1,576,200 23 . UTILITY RELOCAT'N LS LS 100, 000 100, 000 TOTAL UTILITY RELOCATION COST $100,000 24 . PIPE RIGHT-OF-WAY 2 .46 AC 65, 000 159,900 25. DETENTION BASIN 3 . 25 AC 130, 000 422 , 500 RIGHT-OF-WAY TOTAL RIGHT-OF-WAY COST (NEAREST $100) $582,400 26.' MISCELLANEOUS DEVELOPER COSTS $ 99, 300 27. AGENCY INSPECTION FEE 66,200 28. E/A COST ON PUBLIC CONSTRUCTION 104, 000 29. RIGHT-OF-WAY ACQUISITION, LABOR AND LEGAL COST 87,400 30. UTILITY RELOCATION COORDINATION AND ENGINEERING 10, 000 31. ORDINANCE ADMINISTRATION 26, 300 32 . COST FOR COORDINATION AND ENGINEERING 52, 500 33 . COSTS FOR ZONE PLAN CHANGE AMENDMENT 18,400 34 . CONTINGENCIES 262,600 35. ZONE PLAN ENGINEERING 30, 000 36. COST REIMBURSEMENT TO COLLECTING AGENCIES 15,000 TOTAL ADMINISTRATION, ENGINEERING, AND CONTINGENCIES $771,700 (NEAREST $100) GRAND TOTAL PROJECT COST (1993 DOLLARS) $3,030,300 FEES ALREADY COLLECTED (-) 64,000 ANTICIPATED FEE FROM IMMEDIATE FUTURE DEVELOPMENT (-) 81,800 ADJUSTED TOTAL PROJECT COST (1993 DOLLARS) $2,884,500 52% of the project cost $2,884,500 x 0.52 x (1.03) 1 = $1,545, 000 projected to 1994 price (Nearest $1, 000) 480 of the project cost $2,884,500x0.48x(1. 03) 4 = $1, 558, 000 projected to 1997 price (Nearest $1, 000) Total project cost: $3,103,000 c:DA\EngRpt29 .tl2 APPENDIX B DRAINAGE AREA 29G FEE SCHEDULE Development Type Building Permit Subdivision Commercial/Industrial/Downtown Office $17,270 /acre $18,550 /acre Office (Medium) $14,800 /acre $16,540 /acre Office (Light) $12,385 /acre $13,960 /acre Multifamily Residential (Includes Mobile Home Parks) Less than 2,500 sq. ft. of land per unit $13,610 /acre $13,610 /acre 2500 to 2999 sq. ft. of land per unit $ 805 /unit $ 805 /unit 3000 to 3999 sq. ft. of land per unit $ 925 /unit $ 925 /unit 4000 to 4999 sq. ft. of land per unit $ 1,075 /unit $ 1,075 /unit 5000 to 5999 sq. ft. of land per unit $ 1,230 /unit $ 1,230 /unit 6000 to 6999 sq. ft. of land per unit $ 1,380 /unit $ 1,380 /unit 7000 to 7999 sq. ft. of land per unit $ 1,530 /unit $ 1,530 /unit 8000+ sq. ft. of land per unit $ 1,605 /unit $ 1,605 /unit Development Type Building Permit Subdivision Single Family Residential 4000 to 4999 sq. ft. of land per unit $ 1,130 /unit $ 1,810 /unit 5000 to 5999 sq. ft. of land per unit $ 1,180 /unit $ 1,885 /unit 6000 to 6999 sq. ft. of land per unit $ 1,230 /unit $ 1,960 /unit 7000 to 7999 sq. ft. of land per unit $ 1,280 /unit $ 2,035 /unit 8000 to 9999 sq. ft. of land per unit $ 1,355 /unit $ 2,145 /unit 10000 to 13999 sq. ft. of land per unit $ 1,510 /unit $ 2,365 /unit 14000 to 19999 sq. ft. of land per unit $ 1,760 /unit $ 2,720 /unit 20000 to 29999 sq. ft. of land per unit $ 2,175 /unit $ 3,265 /unit 30000 to 39000 sq. ft. of land per unit $ 2,700 /unit $ 3,900 /unit 40000+ sq. ft. of land per unit $ 3,240 /unit $ 4,490 /unit Agricultural Under 10% of lot impervious EXEMPT More than 10% of lot impervious $16,465 /acre of developed portion