HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-582 THE BOARD OF SUPERVISORS OF CC;NTIC\COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF tHE t:ONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on November 3, 1968, by the following vote:
AYES: Supervisors Uilkems, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 981 582
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: Notification of Hearing to Consider Plan Amendment No. 2, the Repeal of
Drainage Fee Ordinance No. 84-54 and Adoption of a new drainage Fee
Ordinance for Drainage Area 30A, Oakley area. Project No. 7557-6D8203-
98.
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 of adoption for Drainage Area 30A a revised
drainage plan entitled, " Drainage Area 30A Boundary Map and Amended Drainage Plan"
dated July 20, 1998 and a proposed new drainage fee ordinance,which is attached hereto
and marked Exhibit "A," providing for payment of the increased cost of the facilities
described in said drainage plan and the Engineer's Report.
This Board also has before it the engineer's report, entitled "Updating Drainage Fee
Ordinance and Plan Amendment No. 2 for Drainage Area 30A"which contains an updated
estimate of the cost of the facilities to be home by property owners in the drainage area
and the environmental documents prepared for the proposed actions. Said documents 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It is proposed that the existing drainage fee Ordinance No. 84-54 be repealed and that the
attached drainage fee ordinance be adopted.
_ , Resolution 98/_%L
r
SUBJECT: Notification of Hearing for Repeal of Drainage Fee Ordinance No. 84-54
Adoption of Drainage Fee Ordinance for Drainage Area 30A
DATE: November 3, 1998
PAGE: 2
At 2:30 p.m. on December 15, 1998, in the Chambers of the Board of Supervisors,
Administration Building, Martinez, California, this Board will conduct a public hearing on the
proposed plan amendment and 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 plan amendment, 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 weals prior to the
hearing in the Antioch Daily Ledger, a newspaper of general circulation, circulated in
Drainage Area 30A. Publication shall be completed at least seven (7) days before said
hearing and said notice shall be given for a period of not less than twenty (20)days.
The exterior boundaries of said Drainage Area include lands within the proposed corporate
limits of the City of Oakley. The Clerk of this Board is DIRECTED to forward to the
governing body of said city a copy of this Resolution at least twenty (20)days before the
above noted hearing.
The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing
to any interested party who has filed a written request for mailed notice with the Clerk of
the Board or with the District, as provided by Government Code Sections 54986(x) and
66016(a). Said mailing shall be performed at least fourteen (14)days prior to the hearing.
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G:/fldctl/mliton/hearing d930A Plan.doc
Originator: Public Works Department(FCE)
Contact Person:Mike Carlson(313-2311)
a: County Administrator Dave Lennon
Community Development Hoffmann Company
Building inspection P.o.Box 907
County Counsel 1380 Galaxy Way
County Assessor Concord,Ca 94522
County Treasurer-Tax Collector Albert Seeno
County Auditor—Controller Albert Seeno Company
Chief Engineer 4021 Port Chicago Highway
Accounting P:O.Box 4113
Design—Environmental Conoord,CA 94524-4113
Engineering Services Dennis J.Razzad
Building Industry Association Davidon Homes
P.O.Box 5160 1800 South Main Suite#150
San Ramon,CA 94583 walnut Creek,CA 94596
mr,:oy certify thst this is a true and correct copy of
on action=and entered on the minutes of the
Board of Super-vivre on the data sh wn/.4���,•—
Resolution 98/--W A�Ep�L BATCHELOR rAerk of thb Board
t,,f Supontisora and County Administrator
By `?�at���.t�. oaputY
— -
LEGAL NOTICE
Contra Costa County Flood Control
And
Water Conservation District
NOTICE OF PUBLIC HEARING
The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control
and Water Conservation District, has set 2:30 p.m. on December 15, 1998, Administration
Building, 851 Pine Street, Martinez, California 94553, as the time and place for a hearing on an
amendment to the existing Drainage Plan and the repeal of Drainage Fee Ordinance No. 84-54
and the adoption of a new drainage fee ordinance for Drainage Area 30A under the provisions
of the Flood Control District Act.
The proposed amendment of the existing drainage plan will provide for frontage improvements
at each basin site, participation in the Marsh Creek regional mitigation improvements,and
downsize some storm drain lines within Drainage Area 30A.
The new drainage fee ordinance will Increase the fee from $0.28 to $0.54 per square foot of
impervious area in order to finance the completion of the drainage facilities shown in the
proposed drainage plan and updating the costs to current prices.
The proposed drainage fee ordinance, engineer's report, and the proposed drainage plan are on
file and available for inspection at the Flood Control District Office, 255 Glacier Drive, Martinez,
California, 94553, 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
action, and either approve the proposed action, continue the proceedings, or abandon the
proposed action.
Published in accordance with Resolution No. 981 582 passed on November 3. 1998
Publish No-vemher 12 1998 and Nrwpmtar -7o . 1998.
MK.Jig
G:\GrpData\Admln\mlft\DA 30A Legal Notice.doc Phil Batchelor, Clerk of the Board
of Supervisors and County Administrator
By: Maureen Parkes/181
Deputy
{ {
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ENGINEER'S REPORT
FOR
UPDATING DRAINAGE FEE ORDINANCE
AND PLAN AMENDMENT No. 2
FOR DRAINAGE AREA 30A
Prepared by Milton Kubicek
Contra Costa County Flood Control District
255 Glacier Dr.
Martinez, California 94553
October 1998
Engineer's Report
Drainage Area 30A
October 1998 Page 1
I_ RECOMMENDATION
It is recommended that:
A The existing Drainage Fee Ordinance (no. 84-54)for Drainage Area 30A
be repealed.
B A new drainage fee ordinance, updated to reflect the cost of the Sub
Regional Drainage Area 30A Improvements and Regional Drainage
Improvements in the Marsh Creek Watershed, be adopted in the amount
of$0.54 per square foot of impervious area..
C Adopt a new drainage plan (Plan Amendment No. 2) reflecting the
downsizing of some drainage lines.
11 DRAINAGEAI NDESCRIPTION
Drainage Area 30A is located in eastern Contra Costa County in the area of
Oakley along both sides of State Route 4 and immediately south of the Contra
Costa Canal. A more specific location is shown on Contra Costa County Flood
Control and Water Conservation District drawing D-12367.2.
Drainage Area 30A encompasses 1180 acres. The Drainage Area generally
consists of gentle rolling terrain. Only a small portion of the drainage area is
- i
Engineer's Report ,
Drainage Area 30A
October 1993 Rage 2
zoned commercial. The remainder consists of relatively small farms or large
residential lots.
III RFASONS FOR CHANGE
The change in fee amount is due to higher costs caused by inflation, financing
costs for expansion of the Laurel Rd. Basin, acquisition and development of the
Brown Rd. Basin site, the cost of street frontage improvements fa—rboth basin �
sites, the reduced amount of impervious surface fees due to excluding Contra
Costa Water District properties, and the inclusion of Marsh Creek mitigation
regional costs.
Currently, the District and Contra Costa Water District are in negotiations for a
portion of their properties to be included in the drainage area. Upon execution of
the agreement said properties will be allowed to drain into drainage area
facilities. It is still proposed by both parties that the area of the water district
treatment plant be excluded.
The two detention basins shown on the Drainage Area 30A plan serve both a
regional and subregional need. The basins attenuate the peak flow entering
Marsh Creek, thereby reducing the impact of the new impervious surfaces and
the improved drainage system. The basins also reduce the size of downstream
drainage facilities between the basins and Marsh Creek thereby reducing the
Engineer's Report
Drainage Area 30A •
October 1998 Page 3
total cost of the subregional plan. It has been determined that 75% of the basin
costs should be considered as regional costs and the remainder of the basin
costs should be considered a part of the subregional facilities. This places the
regional share of the basin cost at $1,829,000; (see Appendix B for cost split
calculation.)
The new plan excludes the Contra Costa Water District Treatment Plant
properties from the watershed based on their on-site retention. This allows
several of the drainage lines downstream of the water district properties to be
decreased in size or eliminated. The downsized lines will be adequate to accept
the water district buffer properties if an agreement is signed.
The basis to the impervious surface fee ordinance is the report of December
1981 and revised in January 1982, entitled "REPORT ON IMPERVIOUS
SURFACE DRAINAGE FEE ORDINANCE," on file at the office of the Clerk of the
Board of Supervisors.
The proposed fee for Drainage Are 30A is $0.54 per square foot of impervious
surface. The fee consists of an updated fee of$0.37 per square foot of
impervious surface created for funding the area's internal drainage system plus
$0.17 per square foot for the Marsh Creek Regional Mitigation facilities.
.Engineer's Report - #
Drainage Area 30A
October 1998 Page 4
IV FEE,.COLLECTION SND R =IM UMMENT
The total fee of$0.84 per square foot of impervious surface created will be
collected at one time. After collection, $0.37 of each $0.54 will be deposited in
the Drainage Area 30A Fund, with the remaining $0.17 of each $0.54 being
deposited in the Flood Control Zone 1 Fund.
Credit and Reimbursement will be handled in the following way. Improvements,
which are part of the Drainage Area 30A subregional plan, will be,sugible for
credit and reimbursement from the Drainage Area 30A fund. Improvements that
are part of the Marsh Creek Regional Improvements will be eligible for credit and
reimbursement from the Flood Control Zone 1 Fund.
V QQST ESTIMATE
A detailed engineer's estimate is attached as Appendix "A". The cost estimate is
based on 1958 prices.
VI UPDATING THE EXISTING FEE
The existing drainage fee ordinance (No. 84.54) specifies a fee of$0.28 per
square foot of impervious area. The new fee of$.54 was determined by dividing
the total project costs of$5,114,000 by the estimated remaining impervious
surfaces to be created in the watershed, 9,414,000 square feet.
Engineer's Report
Drainage Area 30A `
October 1998 Page 5
11 FIRE UPDATINQ OF PROPOSED
The standard impervious surface drainage fee ordinance has been modified to
include a paragraph that authorizes annual fee updates using the Engineering
News Record Construction Cost Index. The updates will occur annually on
January 1. The new paragraph is Section X Review of Fees.
Vi11 CALIFORNIA ENVIRONMENTAL QUALITY ACT
The environmental impact report prepared for the Marsh Creek Watershed
Regional Drainage Plan discussed the project and the amount and method of
collection of the drainage fee and the areas in which the fee would be collected.
Drainage Area 30A and the addition of the fee for the regional plan were thus
.covered in the above mentioned final environmental impact report.
Updating the cost estimate and the drainage fee ordinance is considered an
administrative action and thus does not fall under the regulations of the California
Environmental Quality Act pursuant to Section 15061(b)(3)of the Act's
guidelines.
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G\word\adrnin\rn11t\98-10\da30A update drainage fee
7/"8
Rev 7120/98
Rev.8/3198
Rev. 10/28/98
Appendix A
DA30 A COST ESTIMATE August 3,1999
Item
No. Description Quan units Unit Price Amount,$
Detention Basin, Laurel @Brown
1 Basin excavation 40,000 CY 6.50 260,000
2 Inlet/Outlet Structure 2 EA 4,300 9,000
3 Concrete Ditch 150 LF 70 11,000
4 Erosion Control 6 AC 5,350 32,000
5 Fencing 2,000 LF 17 34,000
6 Emergency Spillway 1 LS 10,400 10,000
BASIN TOTAL 366,000
Pipe System
18"Concrete pipe 300 LF 45 13,500
7 24"Concrete Pipe(Misc.) 2000 LF 57 114,000
8 27"Concrete Pipe 650 LF 63 40,950
9 30"Concrete Pipe 3100 LF 70 217,000
10 36"Concrete Pipe 4532 LF 80 36Z§60
11 54"Concrete Pipe 520 LF 125 65,000
12 60"Concrete Pipe 300 LF 140 42,000
13 Type A,B,C,D Inlets 17 EA 1,500 25,500
14 Type II MH 19 EA 3,000 57,000
15 Type Ili MH 2 EA 4,500 9,000
PIPE SYSTEM TOTAL 947,000
16 Temporary Facilities 1 LS 30,000 30,000
17 Laurel Basin Frontage Improvement 1 LS 2.24,000 224,000
TOTAL CONSTRUCTION $1,5571000
18 Brown Basin Frontage impr. 1 - LS Developer's Cost 0
19 Utility Relocation 1 LS 40,000 40,000
20 Pipe R/W 0.64 AC 100,000 64,000
Assume developers construct 70% of the facilities and 30 % by public,
ADMINISTRATION & ENGINEERING
21 A. Misc,development cost, 8.3 % of costruction cost. 98,091
22 B. Agency inspection fee,4.2%of costruction cost. 65,394
23 C. E/A cost on public construction,6.6 % of construction cost. 102,762
24 D. R/W acquisition, labor and legal cost, 15 % of R/W cost. 9,600
25 E. Utility Relocation coordination, 10% of the utility reloc. cost. 4,000
ADMINISTRATION & ENGINEERING TOTAL 280,000
SUBTOTAL Constr.,Utili relOC., R/W,end Admin,& Engin.) $1,941 ,000
COST FOR ORDINANCE PROCESS
26 A. Ordinance Administration, 1 % of SUBTOTAL above. 19,410
27 B. District cost for coordination,2%of SUSTOTA above. 38,820
28 C. District cost for zone plan change, 0.7%of SUBTOTAL. 13,587
Page 1
Appendix A
COST FOR ORDINANCE PROCESS 72,000
29 CONTINGENCIES, 10% of SUBTOTAL. 194,000
30 ZONE PLAN ENGINEERING, $30,000 30,000
SEMI GRAND TOTAL, ALL OF THE ABOVE. $2,237,000
31 Cost Reimburse to collecting agencies 11,000
0.5% of SEMI GRANDTOTAL ...'
GRAND TOTAL PROJECT COST (199$ rice $2,24$,000
32 REIMBURSEMENT AGREEMENT 235,000
33 long Term Debt Including current interest. (") 2,307,900 _
34 Less Cash Reserve 119,000 (-}
35 Interest on (Long Term Debt-Cash Res)for 15 years@5.5% per yr. 672,000
36 Less Regional Facility Share (Appendix-13) 1,829,000 {•)
Total Debt 1,266,000
TOTAL -- SUBREGIONAL COST AND DEBT $3,5141000
TOTAL REGIONAL FEE(3) $1,600p000
TOTAL REGIONAL AND SUBREGIONAL COSTS 5,114,000
IMPERVIOUS SURFACES
37 From pending Subdivisions (Assume New Fee) 3,829,000 sf
38 From Future Development 2,991,000 sf.
39 From small lot infill 2,283,000 sf.
40 From CCWD's Buffer lots. (2) 311,000 sf
TOTAL IMPER.SURFACE, Sf. 9,414,000
FEE = $ 5,114,000 / 9,414,000 sf. 0.54 $JSF
Note:
(1). Includes regional mitigation basin costs of$1,000,000 for Laurel and Brown basins.
(2). CCWD participates in the DA-30A's drainage system and pays the fee for their Buffer Land only.
(3).$0.17x9,414,000 sf--$1,600,000.
Page 2
,j
Appendix S
Allocation of Cost to Regional and Slubregionai
Total cost for basins (incl. future cost)( ) $2,051,000
Less future costs(') 718,000
Costs to date $1,330,000
Regional Share of costs to date at 75% $1,000,000
Regional Share of current debt 43.3%
($1,000,00/$2,307,00)
Regional share of projected interest on debt $201,000
($672,000 x 43.3%)
Regional share of current debt $1,000,000
Regional share of future construction ($718,000 x 75%) 538,000
Total regional Share $1,829,000
(1) See attached sheet 2 of Appendix B for cost summary.
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DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL. QUALITY ACT (CEQA)
FILE NO.: 7557-6D-82173 CP NO.: 98-54
ACTIVITY NAME: Drainage Area 30A—Amend Fee Ordinance and Drainage Area Plan
DATE: June 29, 1998
PREPARED BY: Janet Frattini
This activity Is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guldeflnes:—
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRIPTION OF THE ACTIVITY:
The activity consists of repealing the existing Drainage Fee Ordinance (84-54) for
Drainage Area 30A and adopting a new Drainage Fee Ordinance reflecting cost increases
due to inflation. The new DA 30A drainage area plan excludes the Contra Costa Water
District (District) treatment plant properties from the watershed based on their on-site
retention capability. Therefore, the drainage area boundary will remain the same but the
District will not drain into the proposed drainage system. This allows several of the
drainage Fines downstream of the District to be decreased in size or eliminated from the
scope of future planned improvements.
LOCATION:
Drainage Area 30A is located in the east county area of Oakley (Figure 1). The area is
bounded roughly by the Contra Costa Canal to the north, the Marsh Creek Channel to the
east, and Neroly Road to the south and west. The exact boundary is shown on Contra
Costa County Flood Control and Water Conservation District drawing D-12367.2
(Figure 2).
REVIEWED BY: ,r' 1'� DATE: ° ' !
Cece Sellgren
Environmental Panner
e
APPROVED BY: ' DATE: ` ' -
Community Dev opment Representative
N:k*erm1nWa30aiee&p1en.98
(Form ReWsed 2197)
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CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor-North ming, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Pomon:Cece-SaIlgren - Public Works Dept.
Project Description, Common Name (if any) and Location: Drainage Area 30A--Amend Fee Ordinance and
Drainage Area Plan, County File #CP 98-64 : Project Description: The activity consists of repealing the
existing Drainage Fee Ordinance (84-54)for Drainage Area 30A and adopting a new Drainage Fee Ordinance
reflecting cost increases due to inflation. The new DA 30A drainage area plan excludes the Contra Costa
Water District(District)treatment plant properties from the watershed based on their on-site retention capability.
Therefore, the drainage area boundary will remain the same but-the District will not drain into the proposed
drainage system. This allows several of the drainage lines downstream of the.DistrLcJto be decreased 1113 size
or eliminated from the scope of future planned improvements. Project location: Drainage Area 30A is located
in the east county area of Oakley. The area is bounded roughly by the Contra Costa Canal to the north, the
Marsh Creek Channel to the east, and Neroly Road to the south and west. The exact boundary is shown on
Contra Costa County Flood Control and Water Conservation District drawing D-12367.2 .
This project is exempt from CEQAt as a:
Ministerial Project(Sec. 45268) _ Other Statutory Exemption, Section_
_,, Declared Emergency(See. 15269(a)) ✓, General Rule of Applicability(Section 15061(b)(3)
_,o, 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 FASTING
I declare that on 1 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 7-die
Applicant:
County Public Works Department
255 Glacier Drive
Martinez,CA 94553
Attn: Janet Fra `nl County Clerk Fee$25 Due
H:\noes\da30afeeplan.noe
(Rev.2/97)
t,:,rommunity '(�nt�'t Dennis M.Barry,AICP
Development
o Community Development Director'Department Costa
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
Phc; -1235 June 30, 1998
•it
County File #CP 98-54
Attention: Public Works Department
Janet Frattini -Design Division
Dear Applicant:
The Contra Costa County Community Development Department has completed an initial study of the environmental
significance of the project represented by your pending application bearing County File Number(1392-KA, Orat"Agg _
Aran '40A-Amend Fag Brdinennn anti Drgingge Area Plan in the akiwy ftren_ in conformancewith Contra Costa
County Guidelines for implementing the California Environmental Quality Act of 1970 (CEQA), it has been
determined that your project will not have a significant effect on the environment. Your project falls within the
following category:
(x) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED.
(} The project is categorically exempt (Class—).
( ) The CEQA requirements are accommodated by the EIR previously prepared for
p A statement that an EIR is not required (Negative Declaration of Environmental Significance has
been filed by the Community Development Department (unless appealed).
W) Other: General Rule of Applicability [Section 15061 (b)(3)).
( ) AN ENVIRONMENTAL IMPACT"REPORT (EIR) IS REQUIRED.
( ) The complexity of your project requires your submission of additional special reports or information
(as outlined on the attached sheet) (which will be outlined in a forthcoming letter).
( ) A consultant will be hired to prepare the environmental impact report. This procedure is explained
on the attached sheet. _
Preparation of the EIR cannot be started until the fee and additional information requested is
received by the Community Development Department.
If you have questions concerning this determination or desire additional information relative to environmental impact
report regulations, please call (510) 335-1210.
Sincerely yours,
Dennis M. Barry, AICP
Community Development Director
By:
:pms
shllt
Office Hours Monday- Friday:8:00 a.m.-5:00 p.m.
Office is closed the 1 st, 3rd&5th Fridays of each month
-.......................
Exhibit A'
ORDINANCE NO. 98/
AN ORDINANCE OF THE
CONTRA COSTA COUNT'' FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
ESTABLISHING DRAINAGE FEES IN THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 30A
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. 84-54 of the Contra Costa County Flood Control arrd-Water _
Conservation District is hereby repealed.
SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage
Area 30A.
SECTION I DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 30A,
Boundary Map and Amended Drainage Plan,"dated April, 1087, on file with the Clea of the Board of
Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water
Conservation District Drainage Area 30A pursuant to Sections 12.2 and 12.3 of the Contra Costa
County Flood Control and Water Conservation District Act (Chapter 83 of West's Appendix of the
Water Code.) Said drainage plan is hereby amended as set forth in "Drainage Area 30A, Boundary
Map and Amended Drainage Plan" dated July 20, 1998.
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 are 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.
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
Ordinance No. Page 1 of 4
3 To convey, land to a ovdmrrierit agency, public entity, public utility, or abutting
100 square feet` ) y g .
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 for the in Section VI I. For single family residential swimming pools on lots for which the
drainage fee has not been paid, the fee shall be $475 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$0.54 per square foot, but not to exceed the amount required under Section VII.
SECTION VI SUBDIVISIONS. Except as permitted under Sections III and V,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 Building Permit Subdivision
Commercial/Industrial/Downtown office Acre $22,204.00 $23.851.00
Office Medium Acre $19,029.00 $21,265.00
Office(Light), Acre $16,924.00 $17,949.00
Multifamily residential including Mobile Home Parks
Less than 2 500 s .ft of land Eer unit Acre $1,7,496.00 $17,496.00
2,500 to 2,999" Unit $1,036.00 $1,036.00
3,000 to 3,999" Unit $1,188.00 $1,188.00
4,000 to 4,999" Unit $1,382.00 $1,382.00
5,000 to 5,999" A Unit $1,582.00 $1,582.00
6,000 to 6999" Unit $1,776.00 $1,776.00
7,000 to 7,999" Unit $1,965.00 $1,965.00
8,000+" Unit $2,062.00 $2,062.00
Single Family Residential:
4,000 to 4,999 sq.ft.of land eer,unit Unit $1,452.00 $2,327.00
5,000 to 5,999" Unit $1,517.00 $2,424.00
6,000 to 6,999" Unit $1,582.00 $2,521.00
7,000 to 7,999" Unit $1,647.00 $2,619.00
8,000 to-9,999" Unit $11744.00 $21759.00
10,000 to 13,999" Unit 1 $1,938.00 $3,040.00
Ordinance No. Page 2 of 4
Measure Building Permit Subdivision
14,000 to 19,999"' Unit 12 262.00 $3,499.00
20,000 to 29,999" Unit $2,797.00 $4,195.00
30,000 to 39,999" Unit $3,472.00 $5,011.00
40,000+"" Unit $4,163.00 $5,772.00
A rlcultural:
Under 10%of lot impervious Exempt
More than 10% of lot impervious Acre $21,168.00
On single family lots, hams 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 (inclucffrTg- 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 VUI. 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 distributed into the appropriate accounts. $0.37 of each $0.54 collected will be deposited in
the County Treasury to the account of the drainage facilities fund established for the drainage area.
The remaining $0.17 of each $0.54 will be deposited into the Flood Control Zone 1 fund to be used
for improvements in the Marsh Creek Regional Improvement flan. 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 drainage area, or the Marsh Creek Regional Improvement Flan. Said monies may also be used to
reduce the principal or interest of any indebtedness of the drainage area, or the Flood Control Zone 1
fund.
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. 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 1 to account for
inflation using the Engineering News Record Construction Cost index. Such adjustment shall not
require further notice or public hearing.
SECTION A. 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 Brentwood News, a newspaper published in this area.
PASSED AND ADOPTED ON , by the following vote:
AYES:
NOES:
ABSENT:
Chair of the Board `
ATTEST: PHIL BATCHELOR
Cleric of the Board of Supervisors
and County Administrator
By:
Deputy
Wde MiitDMsttandard ordinance—DA 30A
10121/98
Ordinance No. Page 4 of 4
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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 Order on by the following vote:
AYES:
NOES:
ASSENT:
ABSTAIN: RESOLUTION NO.
SUBJECT: Adopt and Approve Drainage Area Plan Amendment No. 2, Repeal of Drainage Fee
Ordinance No. 84-54,and the Adoption of a new Drainage Fee Ordinance for Drainage
Area 30A,Oakley area. Project No.: 7557-6D8203-98. CDD-CP-M-54.
The Board of Supervisors of Contra Costa County,as the governing body of the Contra Costa County
Flood Control and Water Conservation District,FINDS,DETERMINES and RESOLVES that:
On November 3, 1998,this Board set a public hearing to consider the repeal of the existing Drainage
Fee Ordinance No.8454 and the adoption of Plan Amendment No.2 and a new drainage fee ordinance
to increase drainage fees in Drainage Area 30A.
On December 15, 1998, pursuant to the Board's Resolution of November 3, 1998 this Board held a
meeting to consider the repeal of Drainage Fee Ordinance 8454 and adoption of a new drainage plan
and a new drainage fee ordinance. At which time all written and oral objections presented concerning
these actions were considered.
No resolutions or ordinances protesting this action were received;and
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 Drainage Area 30A. This Board also FINDS that no
written petition for an election, signed by at least twenty-five percent of the registered voters within
Drainage Area 30A,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 duly 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 and in accordance with the provisions of the Board's Resolution of November
3, 1998.
This Board has received no resolution or ordinance adopted by any affected city objecting to the
proposed actions.
RESOLUTION NO.
Subject: Adopt and Approve Drainage Area Pian-Amendment No.2, 1peal of Drainage Fee
Ordinance No.84--54,and the Adoption of a new Drainage Fee Ordinance for Drainage
Area 30A,Oakley area
Page: 2
Date: November 3, 1998
The purpose of the drainage fees in this resolution is to generate monies to finance drainage
improvements In Drainage Area 30A and the Marsh Creek Regional Improvement Pian. The fees will
be used to finance the drainage facilities listed in the drainage plan and described in the engineer's
report. As discussed In more detail in said report and in the Report of impervious Surface Drainage
Ordinance dated January 5, 1982,the types of development that are subject to the fees will generate
additional impervious surface and stormwater runoff within said drainage area and watershed, thus
creating a need to expand or improve existing drainage facilities and a need to construct new drainage
facilities. 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 further FINDS that the activity,ADOPTING and APPROVING the repeal of Drainage Fee
Ordinance No.84-54,amending the Drainage Area plan and adopting the new drainage fee ordinance
for Drainage Area 30A is not subject to the California Environmental Quality Act(CEQA)pursuant to
Section 15061(b)(3)of the Act's guidelines;and r-This Board hereby further FINDS that good cause exists for amendment of the Plan and adoption of a
new drainage fee ordinance for Contra Costa County Flood Control and Water Conservation District area
30A and this Board hereby ENACTS Ordinance No. This Board hereby also
REPEALS the existing Drainage Fee Ordinance No.84-54.
This Board hereby REQUESTS the Public Works Director to arrange for the payment of$25 handling
fee to the County Clerk for filing of the Notice of Exemption.
MFK:pg
911doifvnliton%bo drain fee ord da 30A Oat-98.doc
Orifi.Dept.: Public Works(Flood Control)
Contact Psmon: Mika Carlson(313-2270)
oc County Administrator
Community Development
Building Inspection
county Counsel
County Assessor
County Treasurer-Tac Collector
County Auditor/Controller
Public Works- Flood Control
Engineering Services
Design-Environmental
Accounting
RESOLUTION NO.
BOARD OF SUPCkYISORS, CONTRA-COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
In the Matter of
Notification of hearing to Consider Plan
Amendment No.2,the Repeal of Drainage
Fee Ordinance No.84-54 and Adoption of
A new Drainage Fee Ordinance for Drainage
Area 30A,Oakley area.7557-6D8203A8
}
I declare under penalty of perjury that I am now, "and
at all times herein mentioned have been, A Citizen of the
United States, over age 18; and that today I deposited in the
Contra Costa County Central Service mail a certified copy of Resolution 98/582•
to the following:
DEN*\IS J. R4ZZ.ARI SEECON FINANCIAL & CONSTRUCTION. INC.
DAVIDON HOMES ATT\:GEORGIA OLVER:\
1600 SOUTH NIAI1 STREET-1150 4021 PORT CHICAGO H\\'1'
WALNUT CREED CA 94596 PO BOX 4113
CONCORD CA 94-;-'4-4113
JEFF LAWRENCE
BRADDOCK & LOGAN
4155 BLACKHA\\'K PLAZA CIRCLE STE 201 David Lennon
DANVILLE CA 94506 Hofmann Company
P.O. Box 907
ALBERT D. SEFNO CONSTRUCTION CO. Concord, CA 94522
ATTN: LEGAL DEPT.
4021 PORT CHICAGO HIGH\\'.Al`
CONCORD CA 94524
GUY BJERKE
HOME BUILDERS ASSN OF NORTHERN CALIFORNIA
PO BOX 5160
SAN RANION CA 94583-5160
I declare under penalty of perjury that the foregoing
is true and Correct.
dated /0,,1 1957 at Martinez, California.
epu ' t; eT rk""