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Home My WebLink AboutMINUTES - 12052000 - C24 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on December 5, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, AND GERBER NOES: NONE ABSENT: (SUPERVISOR V SEAT ABSENT) ABSTAIN: NONE RESOLUTION NO. 2000 554 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 47 and the Adoption of a Drainage Fee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act (CEQA),Martinez Area,Project No. 7505-6F8191, CP#00-82 The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Nater Conservation District,RESOLVES THAT; The Contra Costa County Flood Control and Nater 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 47 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 Drainage Area Boundary Map entitled"Drainage Area 47 Boundary Map", dated October 2000, and the Determination of Exemption for the activity. Said documents, which show the general location of said drainage area and provide an estimate of the anticipated costs 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 cost for the anticipated facilities described in said report, is attached hereto and marked Exhibit"B" It is proposed that Drainage Area 47 be established and the attached drainage fee ordinance be adopted. At 9:45 a.m. on January 23, 2001, 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, and the adoption of the attached drainage fee ordinance. At said hearing,this Board will consider and act upon the submitted Determination of Exemption and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 47 and the adoption of the proposed drainage fee ordinance. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. 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 Contra Costa Times, 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. RESOL1.lI`ION NO. 2000/5,54 Page' ' 2 Date: December 5, 2000 Subject: Notification of Hearing to Consider Establishment of Drainage Area 47 and the Adoption of a Drainage Pee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act(CEQA),Martinez Area The exterior boundaries of the proposed drainage area include lands within the Cities of Martinez and Pleasant Hill. 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. 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 prier 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 date shown. ATTESTED: Dec tuber 5, 2000 PHIL BATCHELOP, Clerk of the Board 00*Pervisors and County Administrator By '' Deputy MKJlg G:\GrpData\FldCtl\Administration\Board Orderst2000 BD1DA 47 Hearing 1-23-00.doc Orig.Dept.: Public Works(Flood Control) Contact Person: Dean Eckerson(313-2271) Attachments: Exhibit A—Boundary Description Exhibit B—Drainage Ordinance cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer—Tax Collector Auditor/Controller PW-Accounting—F.Scudero T.Torres,Env. City of Martinez City of Pleasant Hill Ralph Carrow&Cardinale P.O.Box 367 Antioch,CA 94509 Building Industry Association Eastern Division 1280 Blvd.Way,#211 Walnut Creek,CA 94596 David Lennon Hoffman Company P.O.Box 907 Concord,CA 94522 Steve Millar Watmington Hogs 3160 Crow Canyon Place,Ste 200 San Ramon,CA 94583 =t FE3 [IPTCriY N0. 2000/554 Drainage Area 47 Boundary Description EXHIBIT A A portion of Rancho Las Juntas and a portion of Rancho Canada Del Hambre,Contra Costa County, California, lying entirely within the corporate area of the City of Martinez, lying entirely within Alhambra Creek Watershed Flood Control Zone 5, and described as follows: Beginning on the north right of way line of Alhambra Avenue at the southwest corner of PARCEL"B" filed March 18, 1966 in Parcel Map Book 1 at page 1; thence from the point of Beginning,along the west line of PARCEL"B",north 06°43'17"west 147.61 feet,to the south line of Lot 22,Alhambra Valley Estates,recorded March 4, 1942 in Map Book 26 at page 871;thence along the boundary of Lot 22,north 83°25' east 70 feet and north 58°22' east 150 feet,to the southwest right of way line of Mackie Drive; thence along said right of way line,in a general northwesterly direction 285.61 feet,to the most northeastern line of Lot 24(26 M 871);thence along the boundary of Lot 24,north 30039' west 75.69 feet and south 57°40' west 79.35 feet,to the most eastern comer of Subdivision 2875 recorded July 13, 1961 in Map Book 83 at page<29; thence along the northeast line of Subdivision 2875 and its prolongation,north 29°41'36"west 1,322 feet,more or less,to the southeast line of Lot 24, Laurel Gardens Subdivision Unit No. 3 recorded August 9, 1950 in Map Book 41 at page 25; thence south 57°07' west 44.24 feet,more or less, to the south corner of said Lot 24 on the centerline of Alhambra Creek, shown as"ALHAMBA CREEK."on said map (41M25); thence along the meander of Alhambra Creek along property lines as shown on said map (41M25),in a general northerly direction 1,234.57 feet,to the north corner of Lot 8, Laurel Gardens Subdivision Unit No. 1 recorded August 19, 1948 in Map Book 35 at page 47; thence in a direct line northeasterly 63 feet,more or less, to the northeast right of way line of Pleasant Hill Road East at the south right of way line of Muir Station Road; thence along said south line in a general northeasterly direction 1,050 feet,more or less, to a point of cusp with a northwest line of Donald J. Maietto parcel recorded August 2, 1993 in Volume 18806 of Official Records at page 634;thence along said northwest line, south 33°44' west 50 feet, more or less, to the west comer thereof,being also the most northern comer of Donald J. Maietto parcel recorded January 22, 1996 by Recorders Series 96010459;thence along the boundary of said Maietto parcel, in a general southwesterly direction 210.38 feet, to the most southern corner thereof, being also the most western corner of Alfred R. Pereira Jr. et ux parcel recorded May 26, 1969 in Volume 5882 of Official Records at page 465; thence along the boundary thereof,south 250 east 280.52 feet and north 83°03' east 441.79 feet, to the most eastern comer thereof on the boundary of Alhambra Creek Watershed Flood Control Zone 5 recorded December 31, 1970 in Volume 6286 of Official Records at page 295; thence along the boundary of Flood Control Zone 5,in a general southeasterly and southwesterly direction 17,000 feet, more or less, to a point which bears southerly 400 feet from the most western comer of Mary Pembroke parcel recorded September 11, 1952 in Volume 1989 of Official Records at page 224; thence leaving the boundary of Flood Control Zone 5, perpendicular to said boundary,westerly 500 feet; thence in a direct line northwesterly 1,050 feet, more or less, to the northwest line of Vad Jelton parcel recorded April 30, 1963 in Volume 4355 at page 790, distant thereon north 44°20'40"east 1,600 feet from the most western comer; thence in a direct line northwesterly 900 feet, more or-less, to a northern line of Subdivision MS 127-79 filed July 3, 1980 in Parcel Map Book 87 at page 26, distant thereon north 72°I5' east 625 feet from an angle point; thence north 70' west 350 feet; thence in a direct line northerly 830 feet,more or less, to the south corner of David M. Corazza et ux parcel recorded January 12, 1993 in Volume 18193 of Official Records at page 633; thence along the boundary of said Corazza parcel, in a general northerly direction 751,93 feet, to the most eastern corner thereof; thence in a direct line northerly 875 feet,more or less, to the south cornier of Richard Vanderlcous PARCEL ONE recorded June 12, 1991 in Volume 16661 of Official Records at page 778; thence along the boundary of said PARCEL ONE,north 20°30' west 304.26 feet and north 23030' west 387.42 feet,to the north comer thereof on the boundary of PARCEL "B", Subdivision MS 554-90 filed August 9, 1990 in Parcel Map Boob 148 at page 7;thence along the boundary of PARCEL"B", south 79°28'44"west 375.71 feet,to the most southwestern comer;thence continuing along the boundary of PARCEL"B", in a general northerly direction 856.62 feet,to the south right of way line of Alhambra Avenue; thence in a direct line northeasterly 175 feet,more or less,to the Point of Beginning. LHjlg \\I'wS4\SHARDATA\GrpData\Clerical\EXHIBITS\2400\DA47 boundary.doe 9l2II00 EXHIBIT B ORDINANCE NO. 00- AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 47 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 PURPOSE: Future development in Drainage Area 47, as shown on the map entitled "Drainage Area 47 Boundary Map," dated October 2000, on file with Contra Costa County Flood Control and Water Conservation District, will increase flooding frequency and severity for the downstream residents of the drainage area. The City of Martinez is currently investigating potential solutions to reduce or eliminate the flooding. The City has requested the formation of Drainage Area 47 and the adoption of a drainage fee to ensure future developments in the drainage area participate in the costs of the ultimate improvements to be implemented by the City of Martinez. SECTION 11 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 drainage facilities; 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 anticipated drainage facilities discussed in the Engineer's Report; and that the anticipated drainage facilities discussed are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of this ordinance. 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 acts 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. an 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. Ordinance No. Page 1 of 4 SECTION V. BUILDING PERMITS. Except as permitted under Section ill 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 for the in Section Vil. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $664 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$0.76 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 VI1. SECTION Vii. FEE SCHEDULE Measure Building Permit Subdivision Commercial/lndustriai/Downtown office Acre $30,841.00 $33,128.00 Office Medlumj, Acre $26,432.00 $29,533.00 Office Li ht Acre $22,119.00 $24,932.00 Multifamily residential(kilcluding Mobile Home Parks Less than 2,500 s .ft of land Rer unit Acre $24,300.00 $24,300.00 2,500 to 2,999 " Unit $1,441.00 $1,441.00 3,000 to 3,999" Unit $1,650,091-- 4,000 1650,004,000 to 4,999" Unit $1,917.00 $1,917.00 5,000 to 5,999" Unit $2,196.00 $2,196.00 6,000 to 6,999 " Unit $2,469.00 $2,469.00 7 000 to 7,999 " Unit $2,732.00 , $2 732.00 A,000+" Unit $2,866.00 Single Family,Residential; 4,000 to 4,999 s . ft. of land per,unit Unit $2,019.00 $3,230.00 5,000 to 5,999 " Unit $2,105.00 $3,369.00 6,000 to 6,999" Unit $2,196.00 $3,503.00 7,000 to 7,999" Unit $2,287.00 $3,637.00 8,000 to 9,999" Unit $2,421.00 $31$30.00 10,000 to 13,999" Unit $2,694.00 $4,221.00 14,000 to 19,999" Unit $3,144.00 $41658.00 20,000 to 29,999" Unit $3,$83.00 30,000 to 39,999" Unit $4,821.00 $6,958.00 40,000+"" Unit $5,790.00 $8,019.00 A ricultural: Under 10%of lot im ervious Exempt More than 10%of lot impervious Acre $29,405.00 Ordinance No. gage 2 of 4 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 parrs)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 Vlll. IEEE 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 funds shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimbursement for the same, in whale or in part, of planned drainage facilities within the doing 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 VI1 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 VI1 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 V1 Ordinance No. Fuge 3 of 4 SECTION X REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times, 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 G:kGrpData\FldCtf\Administrabon\Board Orders12000 BO\DA 47 Fee Ord.doc Ordinance No. Page 4 of 4 LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PLIBLIC HEAMQ The Board of Supervisors, as the governing board of the Contra Costa County Flood Control and Water Conservation District,has set 9:45 am. on January 23, 2001,in its chambers, County Administration Building, 651 Pine Street,Martinez, California, as the time and place for a hearing on formation of Drainage Area 47 and the institution of a drainage fee ordinance for the drainage area, all under provisions of the Flood Control District Act. Drainage Area 47 comprises the eastern portion of the Alhambra Creek watershed totaling approximately 710 acres. The area is almost entirely contained in the incorporated limits of the City of Martinez. A precise description of the drainage area has been prepared and is on file for inspection. A drainage area boundary map, drainage fee ordinance,Determination of Environmental Exemption, and an engineer's report have been prepared and are on file and available for inspection at the Contra Costa County Flood Control and Water Conservation District office, 255 Glacier Drive,Martinez, California,or at the office of the Clerk of the Board of Supervisors. At the public hearing,the Board will consider all written and oral comments on the proposed actions, rule on the adequacy of the environmental review, and either approve the proposed actions, continue the proceedings, or abandon the proposed actions. Published in accordance with Resolution 2000/554passed on 5, 2000 G:\GrpData\FldCtl\PlnEng\61430 Amendments\DA 47 Legal Notice.doc LEGAL PUBLICATION REQUISTION Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 "Walnut Creek, CA 94596 Requested by: _Patty Molloy Fate: December 7 2000 Phone No: 335-1907 Reference No: 482 Org: 7505 Sub Object: 2190 Task: sAs Activity:6F8191 Publication Bate (s): December 13 and 20, 2000 No. of Pages: 2 LEGAL PUBLICATION- - �gtitjcation of Hearin to Consider Establishment of Drainage Area 47 and the Adoption of a Drainage Fee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act (CMA), Martinez Area PLEASE CALL TO CONFIRM RECEIPT ""Immediately upon expiration of publication,*r*• send in one affidavit for each publication in order that the auditor may be authorized to pay Your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OFPILIHEARING The Board of Supervisors, as the governing board of the Contra Costa County Flood Control and Water Conservation District,has set 9:45 a.m. on January 23, 2001,in its chambers, County Administration Building,651 Pine Street,Martinez,California, as the time and place for a hearing on formation of Drainage Area 47 and the institution of a drainage fee ordinance for the drainage area, all under provisions of the Flood Control District Act. Drainage Area 47 comprises the eastern portion of the Alhambra Creek watershed totaling approximately 710 acres. The area is almost entirely contained in the incorporated limits of the City of Martinez. A precise description of the drainage area has been prepared and is on file for inspection. A drainage area boundary map,drainage fee ordinance, Determination of Environmental Exemption, and an engineer's report have been prepared and are on file and available for inspection at the Contra Costa County Flood Control and Water Conservation District office, 255 Glacier Drive,Martinez, California, or at the office of the Clerk of the Board of Supervisors. At the public hearing, the Board will consider all written and oral comments on the proposed actions, rule on the adequacy of the environmental review, and either approve the proposed actions, continue the proceedings, or abandon the proposed actions. Published in accordance with Resolution 2OM/554passed on.DXggb= 5, 1. G�ata i 111'' "OA4 Legal t/iccd CONTRA COSTA COUNTY FLOOD CONTROL AND 'WATER CONSERVATION DISTRICT Board of Supervisors Hearing on January 23, 2001 at 9.45 a.m, for Formation of Drainage Area 47 and Adoption of a Drainage Fee Ordinance Documents Include: Resolution for Setting Hearing Date Legal Notice Engineer's Report Exhibit "A" Boundary Description Exhibit "B" Proposed Drainage Fee Ordinance Exhibit "C" Estimates of Cost for Alternatives Environmental Documents Draft Resolution for Recommended Action Contact Person. Dean Eckerson (925) 313-2271 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on December 5, 2000 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2000 SUBJECT: Notification of Hearing to Consider Establishment of Drainage Area 47 and the Adoption of a Drainage Fee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act (CEQA), Martinez Area, Project No. 7505-6F8191, CP#00-82 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 47 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 Drainage Area Boundary Map entitled"Drainage Area 47 Boundary Map", dated October 2000, and the Determination of Exemption for the activity. Said documents, which show the general location of said drainage area and provide an estimate of the anticipated costs 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 cost for the anticipated facilities described in said report, is attached hereto and marked Exhibit"B" It is proposed that Drainage Area 47 be established and the attached drainage fee ordinance be adopted. At 9:45 a.m. on January 23, 2001, 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, and the adoption of the attached drainage fee ordinance. At said hearing, this Board will consider and act upon the submitted Determination of Exemption and will hear and pass upon any and all written or oral objections to the establishment of Drainage Area 47 and the adoption of the proposed drainage fee ordinance. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. 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 Contra Costa Times, 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. Page: 2 Date: December 5, 2000 Subject: Notification of Hearing to Consider Establishment of Drainage Area 47 and the Adoption of a Drainage Fee Ordinance, and Determine the Activity is Exempt from the California Environmental Quality Act(CEQA), Martinez Area The exterior boundaries of the proposed drainage area include lands within the Cities of Martinez and Pleasant Hill. 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. 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 date shown. ATTESTED: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By _ Deputy MKJlg G:\GrpData\FidCtl\Administration\Board Orders\2000 BO\DA 47 Hearing 1-23-OO.doc Orig.Dept.: Public Works(Flood Control) Contact Person: Dean Eckerson(313-2271) Attachments: Exhibit A—Boundary Description Exhibit B—Drainage Ordinance cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer—Tax Collector Auditor/Controller PW-Accounting—F.Scudero T.Torres,Env. City of Martinez City of Pleasant Hill Ralph Garrow&Cardinale P.O.Box 367 Antioch,CA 94509 Building Industry Association Eastern Division 1280 Blvd.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,Ste 200 San Ramon,CA 94583 LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing board of the Contra Costa County Flood Control and Water Conservation District, has set 9:45 a.m. on January 23, 2001, in its chambers, County Administration Building, 651 Pine Street, Martinez, California, as the time and place for a hearing on formation of Drainage Area 47 and the institution of a drainage fee ordinance for the drainage area, all under provisions of the Flood Control District Act. Drainage Area 47 comprises the eastern portion of the Alhambra Creek watershed totaling approximately 710 acres. The area is almost entirely contained in the incorporated limits of the City of Martinez. A precise description of the drainage area has been prepared and is on file for inspection. A drainage area boundary map, drainage fee ordinance, Determination of Environmental Exemption, and an engineer's report have been prepared and are on file and available for inspection at the Contra Costa County Flood Control and Water Conservation District office, 255 Glacier Drive, Martinez, California, or at the office of the Clerk of the Board of Supervisors. At the public hearing, the Board will consider all written and oral comments on the proposed actions, rule on the adequacy of the environmental review, and either approve the proposed actions, continue the proceedings, or abandon the proposed actions. Published in accordance with Resolution 00/ passed on G:\GrpData\l+ldCtl\PlnEng\61430 Amendments\DA 47 Legal Notice.doc ENGINEER'S REPORT FOR. THE ESTABLISHMENT OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 47 Prepared.by: Milton Kubieck Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive Martinez, CA 94553 October 2000 1. RECOMMENDATION It is recommend that: a) The Contra Costa County Flood Control and Water Conservation District Drainage Area 47 be established; b) A drainage fee ordinance be enacted requiring fees of all new development in the drainage area. 2. DRAINAGE AREA LOCATION AND DESCRIPTION Drainage Area 47 is located in the Martinez area. The drainage area is the easterly one-quarter of the Alhambra Creek watershed south of State Route 4. The southerly boundary is the ridge line between Pleasant Hill and Martinez. Drainage Area 47 discharges into Alhambra Creek at the State Route 4 crossing. A boundary description of the drainage area is attached as `Exhibit"A" The specific location of the Drainage Area is shown on Contra Costa County Flood Control and Water Conservation District Drawing FD-13075. Almost 1010 percent of the drainage area is located within the City of Martinez. The proposed Drainage Area 47 encompasses approximately 710 acres of low-density single family residential,vacant land, and open space. The topography ranges from very flat to very hilly. The flat areas, along East Pleasant Hill Road,were developed in the 194Os, 195Os and 196Os with gradual infilling since then. Most of the area is rural in nature without curbs and gutters. Existing drainage is predominantly earth and concrete lined ditches. I 3. REASON FOR THE DRAINAGE AREA FORMATION Currently, the older residential community along Pleasant Hill Road East experiences flooding almost every other year. Drainage from the area south of Alhambra Avenue, sheet flows to the north, flooding properties along Valley Avenue, Truitt Avenue, and Church Street. Flooding also occurs when the roadside ditch along Pleasant Hill Road East overtops. The City of Martinez has been conducting meetings to discuss potential solutions to eliminate or reduce the flooding. The District has presented several alternative plans to the Community. The City has not selected a preferred alternative as of this date. However, they have determined that future urbanization must financially participate in the solution. Attached as Exhibit C are estimates of costs for three of the alternatives presented to the community. The Martinez City Council has requested in writing that the Flood Control District form Drainage Area 47 and adopt an impervious surface drainage fee ordinance to collect$0.75 per square foot of new impervious surface from all future developments in Drainage Area 47. Based on the City's General Plan, it is anticipated that 100 to 200 additional residential units will be added to the watershed as infill development. Currently, three developments representing approximately 80 new residential lots, are in the process of being approved. The City desires an equitable way of sharing future drainage improvement costs with these and future developers. 2 The solution being explored by the City range in cast from$1,400,000 to $2,100,000. It is anticipated that the drainage fee of$0.75 per square foot will yield$750,000 from future developments or approximately 50 percent of the cost of the least expensive alternative. It is anticipated that actual construction of the improvements will be done through the development process or through a city project. Once the City completes the environmental process and project selection, a project approval hearing will be scheduled before the Board for formally adopting a plan for Drainage Area 47. The drainage fee will be one of many funding sources contributing to the expected project costs. The City will complete the necessary CEQA process for the actual project. The transfer of collected drainage fees would occur via a City/District Agreement. 4. DRAINAGE FEE ORDINANCE AND CALCULATION Section 12.2 of the Contra Costa County Flood Control and Water Conservation District Act provides authority for the collection of drainage fees. These fees and the conditions for collection are set forth in the draft drainage fee ordinance,attached as Exhbiti B. In this instance,the `°project"is the District financial participation in a City sponsored project. The proposed fee was determined by the City of Martinez to be a reasonable contribution by future development to solve the existing drainage problem. The total fees anticipated to be collected under the ordinance will only finance a fraction of the anticipated costs. 3 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT The proposed action of establishing Drainage Area 47 and adapting a drainage fee ordinance does not constitute a project under California Environmental Quality Act(CEQA). These activities are not subject to CEQA pursuant to Article 5, Section 15061 (b) (3) and these activities are not a project as defined in Article 20, 15378 (b) (4)of the CEQA Guidelines. Attached to this report for the Board's consideration is CP No. 00-82, "Determination that an Activity is Exempt from the California Environmental Quality Act(CEQA)." MK.jlg G.\GrpData\F"1dCt1\mkubicek\DA 47 Eng.Repnrt.doc 11/13/00 4 Drainage Area 47 Boundary Description 1✓MMIT A A portion of Rancho Las Juntas and a portion of Rancho Canada Del Hambre,Contra Costa County, California, lying entirely within the corporate area of the City of Martinez, lying entirely within Alhambra Creek Watershed Flood Control Zane 5,and described as follows: Beginning on the north right of way line of Alhambra Avenue at the southwest comer of PARCEL"B" filed March 18, 1966 in Parcel Map Book 1 at page 1;thence from the Point of Beginning,along the west line of PARCEL"B",north 06'43'17"west 147.61 feet,to the south line of Lot 22,Alhambra Valley Estates,recorded March 4, 1942 in Map Book 26 at page 871;thence along the boundary of Lot 22,north 83°25' east 70 feet and north 58°22' east 150 feet,to the southwest right of way line of Mackie Drive;thence along said right of way line,in a general northwesterly direction 285.61 feet,to the most northeastern line of Lot 24(26 M 871); thence along the boundary'ofLot 24,north 30039' west 75.69 feet and south 57°40' west 79.35 feet,to the most eastern corner of Subdivision 2875 recorded July 13, 1961 in Map Book 83 at page<29;thence along the northeast line of Subdivision 2875 and its prolongation,north 29°41'36"west 1,322 feet,more or less,to the southeast line of Lot 24,Laurel gardens Subdivision Unit No. 3 recorded August 9, 1950 in Map Book 41 at page 25; thence south 57°07' west 44.24 feet,more or less,to the south corner of said Lot 24 on the centerline of Alhambra Creek, shown as"ALHAMBA CREEK"on said map(41M25);thence along the meander of Alhambra Creek along property lines as shown on said map(41M25),in a general northerly direction 1,234.57 feet,to the north comer of Lot 8, Laurel Gardens Subdivision Unit No. 1 recorded August 19, 1948 in Map Book 35 at page 47;thence in a direct line northeasterly 63 feet,more or less, to the northeast right of way line of Pleasant Hill Road East at the south right of way line of Muir Station Road; thence along said south line in a general northeasterly direction 1,050 feet,more or less, to a point of cusp with a northwest line of Donald J.Maietto parcel recorded August 2, 1993 in Volume 18806 of Official Records at page 634;thence along said northwest line, south 33044' west 50 feet,more or less, to the west comer thereof,being also the most northern corner of Donald J.Maietto parcel recorded January 22, 1996 by Recorders Series 96-010459;thence along the boundary of said Maietto parcel, in a general southwesterly direction 210.38 feet,to the most southern comer thereof, being also the most westerncorner of Alfred R. Pereira Jr. et ux parcel recorded May 26, 1969 in Volume 5882 of Official Records at page 465;thence along the boundary thereof, south 250 east 280.52 feet and north 83°03' east 441.79 feet,to the most eastern corner thereof on the boundary of Alhambra Creek Watershed Flood Control Zone 5 recorded December 31, 1970 in Volume 6286 of Official Records at page 295; thence along the boundary of Flood Control Zone 5,in a general southeasterly and southwesterly direction 17,000 feet,more or less,to a point which bears southerly 400 feet from the most western corner of Mary Pembroke parcel recorded September 11, 1952 in Volume 1989 of Official Records at page 224; thence leaving the boundary of Flood Control.Zone 5, perpendicular to said boundary, westerly 500 feet; thence in a direct line northwesterly 1,050 feet, more or less, to the northwest line of Vad Jelton parcel recorded April 30, 1963 in Volume 4355 at page 790, distant thereon north 44020'40"east 1,600 feet from the most western corner; thence in a direct line northwesterly 900 feet, more or-less, to a northern line of Subdivision MS 127-79 filed July 3, 1980 in Parcel Map Book 87 at page 26, distant thereon north 72015' east 625 feet from an angle point; thence north 701 west 350 feet; thence in a direct line northerly 830 feet,more or less, to the south comer of David M. Corazza et ux parcel recorded January 12, 1993 in Volume 18193 of Official Records at page 633; thence along the boundary of said Corazza parcel, in a general northerly direction 751.93 feet, to the most eastern comer thereof;thence in a direct line northerly 875 feet,more or less, to the south comer of Richard Vanderkous PARCEL ONE recorded June 12, 1991 in Volume 16661 of Official Records at page 778;thence along the boundary of said PARCEL ONE,north 20030' west 304.26 feet and north 23°30' west 387.42 feet,to the north comer thereof on the boundary of PARCEL "B", Subdivision MS 554-90 filed August 9, 19913 in Parcel Map Book 148 at page 7;thence along the boundary of PARCEL"B",south 79°28'44"west 375.71 feet,to the most southwestern-corner; thence continuing along the boundary of PARCEL"B",in a general northerly direction 856.62 feet,to the south right of way line of Alhambra Avenue; thence in a direct line northeasterly 175 feet,more or less,to the Point of Beginning. LH;ils \\ "Ws4\SHARDATA\GrpData\Clerical\EXHIBI` S\2000\DA47 hcundary.doc 9121100 EXHIBIT B ORDINANCE NO. 00- AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 47 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 PURPOSE: Future development in Drainage Area 47, as shown on the map entitled "Drainage Area 47 Boundary Map," dated October 2000, on file with Contra Costa County Flood Control and Water Conservation District, will increase flooding frequency and severity for the downstream residents of the drainage area. The City of Martinez is currently investigating potential solutions to reduce or eliminate the flooding. The City has requested the formation of Drainage Area 47 and the adoption of a drainage fee to ensure future developments in the drainage area participate in the costs of the ultimate improvements to be implemented by the City of Martinez. SECTION 11 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 drainage facilities; 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 anticipated drainage facilities discussed in the Engineer's Report; and that the anticipated drainage facilities discussed are in addition to existing drainage facilities already serving the drainage area at the time of the adoption of this ordinance. 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 acts 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. Ordinance No. Page 1 of 4 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 for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $664 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$0.75 per square foot, but not to exceed the amount required under Section V11. SECTION V1 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 Measure Buildina Permit Subdivision Commerciallindustrial/Downtown office Acre $30,841.00 $33 128.00 Office(Medlu!pj, Acre $26,432.00 $29,533.00 Office_(Liqhq_ Acre $22,119.00 $24,932.00 Multifemily.residential Qncluding Mobile Home Parks Less than 2,500 sq.,ft of land,per,unit_ Acre $24,300.00 $24,300.00 2,500 to 2"1 Unit $1,441.00 $1 A41.00 3,000 to 3,999 " Unit $11650.00 $1,651 .01,00 4,000 to 4,999" Unit $1,917.00 $1,917.00 5,000 to 5,999" Unit $2,196,00 $21196.00 6,000 to 6,999 " Unit $2,469.00 $2,469.00 71)1)1)to 7 999" Unit $2,732.00 $2,732.00 8S00+'.",--- Unit $2,866.00 $21866.00 Single Farrilly.Residential: 4,000 to 4,999 sq. ft. of land_per unit Unit $2,019.00 $3,230.00 5,000 to 5,999 Unit $2,105.00 $3 369.00 6,000 to 6,999 Unit $2,196.00 $31503.00., 7,000 to 7,99. Unit $2,287.00 $3,637.00 8,000 to 9,999 Unit $2,421.00 $3,830.00 10,000 to 13,999 " Unit $2,694.00 $4,221.00 14,000 to 19,999" Unit $3,144.00 -$4,858.00.... 20,001)to,29,999" Unit $3,883.00 $51!828.00 ' 30,000 to 39,999" Unit $4,821.00 $6,958.00 40,000+" Unit $5,789.00 $8,019.00 Agricultural: ...... Under 10%of lot impervious Exempt More than 10%of lot im2arvious Acre $29,405.00 Ordinance No. Page 2 of 4 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 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 funds 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 doing 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 V11 for any part of the total area for which the fee was paid, except in the case of a resubdivision. B Where drainage fee's 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 V11 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 VI1. Ordinance No. Page 3 of 4 SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January I to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION X1. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Contra Costa Times, 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 G:\GrpData\FldCtAAdminlsbaton\Board Orders\2000 BO\DA 47 Fee Ord.doc Ordinance No. Page 4 of 4 EXHIBIT C CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT PRELIMINARY COST ESTIMATE EAST ALHAMBRA CREEK BASIN Alternative#1 -54"RCP Primary Spillway To Nancy Boyd Park Total Total Item Description ion Unit Unit Price Quap& Amount 1 Mobilization LS $15 000.00 1 $15,000.00 2 Control of Water LS $15,000.00 1 $15,000.00 3 Cleadrg&Grubbing re $2,6W.00 5 ,$12,500.00 4 Modify Existing Utilities In Sbwft LS $80,000.00 1 $80,000.00 5 Earthwork Excavate Key CY $13.00 2700 $16,200.00 6 Earthwork Embankment Construction CY $3.00 20500 $81,500.00 7 Erosion Control-Seedipg Acre $2,000.00 4.5 $9,000.00 8 Slit Control-NPDES Requirements LS $80,000.00 1 $80,000.00 9 " Reinforced Concrete Pipe L.F. $150.00 1200 $180,000.00 10 W Relnforoed Concrete Pipe LF $500.00 88 $44,000.00 11 Reconstruct Valley Avenue F $3.50 15400 $53,9W.00 12 Reconstruct Church Street F $3.50 2800 $9 800.00 13 Outlet Structures(emergency spillyway) Y $750.00 128 $96,000.00 14 Drop Inlet basin drain Y $900.00 35 $31.15W.00 15 W Reinforced Concrete Pipe Outlet StructureCY $900.00 30 $27.000.00 16 "Reinforced Concrete Pipe Outlet Structure CY $1,000.00 15 $15,000.00 17 Property Fence L.F. $11.00 2800 $30,800.00 18 'x6'Chain Link Gates Each $1,000.00 1 $1,000.00 19 Gabion Drops Y $200.00 540 $108,000.00 20 Rock Slope Protection CY $75.00 80 $6,000.00 21 $15,000.00 4 $00,000.00 Subtotal L952,200.00 22 Conflngqnw 0 15% $142.830.00 Estimate of Total Construction Costs 1 095 030.00 23,gMineedng and Admin. 12.5%+12.5%+5% $328,W9.00 24 6Mulre R/W LS $T00,000.00 1 $700,000.00 t—TQ%l-Coat 1 $2J23,539.001 mfk 082000 EXHIBIT C CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT PRELIMINARY COST ESTIMATE EAST ALHAMBRA CREEK BASIN Alternative#2-Replace Existing 84"Culvert with 96" RCP Emergency Spillway Total Total Item Description- Unit Unit Price Quantity Amount 1 Mobilization LS $10,000.00 1 $10,000.00 2 Control of Water LS $10,000.00 1 $10 000.00 3 1 Clearing&, re $3,000.00 5 $15,000.00 4 Earthwork Excavate K Y $6.010 2700 $16,200.00 5 Earthwork Embankment Construction Y $3.00 20500 $61.5w.00 6 Erosion Control-Seeding $2,000.00 4.5 $9,000.00 7 it#Control-NPDES R uirements LS $50 000.00 1 $5t)000.00 8 33" Reinforced Concrete Pi L.F. $70.00 200 $14,000.00 9 "Reinforced Concrete Pi LF $450.00 350 $157,5W.00 10 utlet Structure i Y $750.00 128 $96,000,00 11 D Inlet basin drain Y $900.00 40 $36,000.00 12 'Reinforced Concrete Pi Outlet StructureY $900.00 30 $97,000-00 13 Pro Fence L.F. $11.00 2800 $30,800.00 14 'x6'Chain Link Gates Each $1,000.00 1 11,000.00 15 ablon Drops Y $200.00 540 $108,000.00 16 Rock SlopeProtection Y 75.00 BO *4,5W.00 17 Landscaping cre 15000.00 4 000.00 Subtotal $700,500-00 18 ntin 15% $105.975.00 Estimate of Total Construction Costs 12 475.00 19 E raper# and Admin. 12.5%+12.5%+6% 742.50 20 uire RNV LS 700 000.00 1 $700,000.00 otal Cost $1,756,217.50 mfk 082700 EXHIBIT C CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT PRELIMINARY COST ESTIMATE EAST ALHAMBRA CREEK BASIN Alternative#3-End 96"Emergency Spillway at North Property Line Total Total Item DescAption Unit Unit Price Quantity Amount I Mobilization LS $10,000.00 1 $10,000.00 2 Control of Water LS $9,000.00 1 $9,000.00 3 Clearing&Grubbi e $2,000,00 4.5 $9 000.00 4 Earthwork Excavate KW CY 1 $8.00 2700 $16,200.00 5 Earthwork Embankment Construction CY $3.00 18000 $541000.00 6 Erosion Control-5poing Acre $2,=.W 4.5 $9000.00 7 Silt Control-NPDES Requirements LS $45,000.00 1 $45,000.00 8 42' Reinforced Concrete Pipe L.F. $85.00 200 A17,000.00 9 96"Reinforced Concrete Pipe LF $500.00 88 $44,000.00 10 Outlet Structure(emergency splll Y $750.00 128 $98,000.00 11 Drop Inlet(basin drain) CY $900.00 40 $36,000.00 12 96" Reinforced Concrete Pipe Outlet Structure CY $900.00 30 $27 000.00 13 PTperty Fence L.F. $11.00 2800 $30 81 .00 14 6'x6'Chain Link Gates Each $1 000.00 1 $1,000.00 15 Rock Slope Protection CY $75.00 so $4,500.00 16 Landscaping Acre $15,000.00 4 W.000.00 Subtotal $468,500.00 17 Contlnawcv 90 15% $70,275.00 Estimate of Total Construction Costs 538 775.130 18 Engineering and Admin. (12.5%+12.5%+5%) $161,632.50 6MuIrs R/W ILS 700 000.00 1 700 000.00' otai Cost $1,400,407.50 rnfk 082700 a � p �� A7.6 57•Its• « � + Q`,y� a` ,,up P eJ (yT! +e p! N N 11R Xt L ✓ Gt d Ct 1 y A d rp• air N ilb C A � a � Y yp y b ♦a ` } .yea i T4 r� Y A •FA' b ¢ Y V KLA AVC 0 x fol— N \ ¢ Oip + d $ 4 O s ' x e � M � � a ' � � � a !� g ' s n �♦a� � $ h, �'� � $•r ar ;a a � a N Z y V¢ ¢ f+o rt w 3 ,r, P u � -�7A .�- .,ETERMINATION THAT AN ACTIVi i Y IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 7505 6178191 CP NO.: 00-82 ACTIVITY NAME: Drainage Area 47 Formation DATE: September 14, 2000 PREPARED BY: Trina Torres This activity Is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) and this activity Is not a project, as defined In Article 20, Section 15378 (b) (4) of the CEQA guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. A project does not include; the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which say result in a potentially significant physical impact on the environment. DESCRIPTION OF THE ACTIVITY: The purpose of the activity is to form Drainage Area 47, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the City of Martinez and the City of Pleasant Dill. LOCATION: The activity is located within central county in the MartineztPleasant Hili areal, south of State Route 4 from Alhambra Avenue to north of Echo Court and Stonehedge Drive in the Pleasant Hill area, and east of Alhambra Valley Road to west of Center Avenue and Morello Avenue, in the Martinez area. (Figures 1-3). REVIEWED BY: DATE: ece Sellgren Environmental Planner APPROVED BY: acv 1'I �. DATE: Community De ley opment Representative EngSvcIENVIR012000 projectslcEQAonlyADeterm,ExempADA 47 Formatlon.does CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor-North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren - Public Works Dept. Project Description, Common Name (if any) and Location: DA 47 Formation, County File #CP 00-82. Project Description: The purpose of the activity is to form Drainage Area 47, under the Contra Costa County Flood Control and Water Conservation District Act, as a means for adopting a drainage fee ordinance to secure funds for a still undefined project to solve repeated flooding. Once the flood reduction project is defined, the Contra Costa County Flood Control and Water Conservation District will conduct a full CEQA analysis of the project's impacts. This activity will need General Plan Conformance from the City of Martinez and the City of Pleasant Hill. Project Location; The activity is located within central county in the Martinez/Pleasant Hili area; south of State Route 4 from Alhambra Avenue to north of Echo Court and Stonehedge Drive in the Pleasant Hill area, and east of Alhambra Valley Road to west of Center Avenue and Morello Avenue, in the Martinez area. (Figures 1-3). This project is exempt from CEQA as a: — Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section Declared Emergency(Sec. 15269(8)) General Rule of Applicability(Section 15061(b)(3) Emergency Project(Sec. 15269(b)or(c)) Categorical Exemption, for the following reason(s): It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Trine Torres County Clerk l=ee$50 Due G:\GrpData\EngSvc\ENVIRO\2000 projects\CEQAonly\NOE\DA 47 Formation.doc 4� tO xcle— CD W W CD Uuj m ' Off- Y p U • M= ` 4� LIJ LJ W � 1 d W. W ° CL � CCU_ ��1 e^"f�s c=,4:s T7r"^^...� .:...l.s�+ �9, .�� }ar�,t!� ;«•". �"� >rr1, v NEW= nrs r 4` �umsa'� OA Moon Im f � f t ••!S•:a ll 4n, _ on f > �A�,r� ; w ♦moi*�«*I�,�"` ~�F � � � '�i'�,-..x 4 ve` 1 • l r! a. F A INC— lip ho I NEI �MI� �, ��4� � �� ►�..rte A Ir `,� ► AP—MRS won ALAL AS 41 Watershed Boundary w ` '�►'. (Approximate : . Boundary) i '� ITY 0P MARTINE2 ID : 10-372-0257 OCT 23 '00 11 :02 Nc .001 P .02 r Cit of Martinez r..� i-kwrietta fit. man4i= CA 94&5+3•;2394 0otobet 10,2400 CC=Sellgren Environmental Planner Engineering Services 255 Glacier Drive Martinez,CA 94553-4597 Subject: f3enerel Plan Conformance Drainage Area 47 Pon-nation Doar Ms. Sellgren: On behalf of the City Community Development Department, the propos activities of the subject drainage arca formation are found to be in conbormance with Policy 22.49 of the General Plan. Please call me at(925)372.3563 if you have any questions or desire additional idormation. Very truly,yours, � . Jaynes' ✓. waft Acting Ci Engineer THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on January 23,2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 01/ SUBJECT: Establishment of Drainage Area 47 and Adoption of a Drainage Fee Ordinance, and Determination that the activity is exempt from the California Environmental Quality Act(CEQA), Martinez Area. Project#7505-6F8191, CDD-CP#00-82 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: On December 5, 2000, the Board adopted a Resolution proposing to establish Drainage Area 47 and to adopt a drainage fee ordinance for the drainage area. On January 23, 2001,pursuant to the Board's Resolution of December 5, 2040, this Board held a hearing to consider the establishment of said drainage area and the adoption of a drainage fee ordinance. All written and oral objections presented concerning the proposed establishment of said drainage area and adoption of a drainage fee ordinance were considered. This Board FINDS that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in the proposed drainage area. This Board also FINDS that no written petition for an election,signed by at least 25 percent of the registered voters within the proposed drainage area has been filed. It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been duty and regularly given and all procedures to be followed have been followed, all in accordance with Sections 11 and 12.3 of the Contra Costa County Flood Control and Water Conservation District Act. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage area. The Board hereby DETERMINES that the proposed action of establishing Drainage Area 47 and adopting a drainage fee ordinance does not constitute a project, therefore the activity is not subject to the California Environmental Quality Act (CEQA) per Article 5, Section 15061 (b) (3) and as defined in Article 20, Section 15378 (b) (4)of the CEQA Guidelines. The Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk, and AUTHORIZES the Chief Engineer to arrange for payment of a $25 fee to Community Development for processing, and a $25 fee to the County Clerk for filing the Notice of Exemption. PAGE: 2 DATE: January 23,2001 SUBJECT: Establishment of Drainage Area 47 and Adaption of a Drainage Fee Ordinance, and Determination that the activity is exempt from the California Environmental Quality Act (CEQA) The Board hereby also FINDS that good cause exists for the establishment of aforesaid drainage area and ORDERS that Contra Costa County Flood Control and dater Conservation District Drainage Area 47 be ESTABLISHED, consisting of the real property described in the Exhibit"A" attached hereto, and shown on the map entitled,"Drainage Area 47 Boundary Map,"dated October 2000,and on file with the Clerk of the Board of Supervisors, Administration Building,Martinez, California. The Board hereby ENACTS Ordinance No, establishing drainage fees in said drainage area. The Board FINDS,pursuant to Government Code Section 66001 (a) as follows: The purpose of the fees described in this resolution is to generate monies to help finance the construction of drainage improvements within the drainage area by the City of Martinez.As discussed in the Engineers Report on file with the Clerk of the Board,and in the"Report on Impervious surface Drainage Fee Ordinance,"dated January 5, 1982,the types of development that are subject to the fees will generate additional impervious surfaces and drainage within the drainage area,thus creating a need to construct improvements. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for this project. I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator By Deputy 0:1GrpData\FldCtl\A.dministration\Board Orders\2000 BO\DA 47 formation B0.doc Orig Dept: Public Works(Flood Control) Contact: D.Eckerson(313-2271) c: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller Public Works Department: Accounting Eng.Services Environmental FC Planning Eng. City of Martinez City of Pleasant Hill Building Industry Association Eastern Division 1280 Boulevard Way,#211 Walnut Creek,CA 94596