HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-638 D, 10
THE BOARD OF SW-ERVISORS OF CONTRA COSTA L�JUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Order on December 15, 1998 by the following vote:
AYES: SupERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS
NOES: NONE
ABSENT: NoNE
ABSTAIN: NONE RESOLUTION NO. 98/638
SUBJECT: Adopt and Approve Repeal of Drainage Fee Ordinance Nos. 93/86, 93-87, 88-25, 93/19,
92-47 , 92-18, 87 70, and 91-42, and the Adoption of a new Drainage Fee Ordinance Nos.
for Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, 30C and 52D, Antioch, Brentwood,
Oakley area. Project No.: 7556-6D8208-98,CDD-CP 98-81.
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 Nos. 93/86, 93-87, 88-25, 93/19, 92-47 , 83-23, 92-18, 87'-70, and 91-42 and the adoption
of new drainage fee ordinances to increase drainage fees in Drainage Areas 29C, 29D, 29E, 29G, 29H,
29J, 308, 30C and 52D. Subsequent to setting this public hearing, the Contra Costa County Flood
Control and Water Conservation District decided not to repeal Drainage Fee Ordinance No. 83/23 for
Drainage Area 29J at this time.
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 Nos. 93/86, 93-87, 88-25, 93/19,92-47 .92-
18, 87-70, and 91-42 and adoption of new drainage fee ordinances. At which time all written and oral
objections presented conceming 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 any of the drainage areas involved. This Board also
FINDS that no written petition for an election, signed by at least twenty-five percent of the registered
voters within Drainage Areas 29C, 29D, 29E, 29G, 29H, 308, 30C and 52D, 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.
The Board has received no resolutions or ordinance adopted by any affected city objecting to the
proposed: actions.
RESOLUTION NO. 98/638
Subject: Adopt and Approve Repeal of Drainage Fee Ordinance Nos. 93/86, 93-87, 88-25, 93119,
92-47 , 92-18, 87170, and 91-42
Page: 2
Date: November 15, 1998
The purpose of the drainage fees in this resolution is to generate monies to finance drainage
Improvements in Drainage Area 29C, 29D, 29E, 29G, 29H, 308, 30C and 52D and the Marsh Creek
Regional Improvement Plan. 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 Nos. 93/86, 93-87, 88-25, 93/19, 92-47 , 92-18, 87/70, and 91-42 and adopting the new
drainage fee ordinances for Drainage Area 29C, 29D, 29E, 29G, 29H, 30B, 30C and 52D is not subject
to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Act's
guidelines; and
This Board hereby further FINDS that good cause exists for adoption of new drainage fee ordinances
for Contra Costa County Flood Control and Water Conservation District Drainage Areas 29C, 29D, 29E,
29G, 29H, 30B, 30C and 52D and this Board hereby ENACTS Ordinances No. _ 98--51, 98-52,
98-53, 98-54, 98-55, 98-56, 98-57 arra 98-58 This Board hereby also REPEALS the existing
Drainage Fee Ordinance Nos. 93/86, 93-87, 88-25, 93/19, 92-47 92-18, 87r70 and 91-42.
This Board hereby REQUESTS the Public Works Director to arrange for the payment of$25 handling
fee to the County Clerk for filing of the Notice of Exemption.
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Orig.Dept: Public Wares(Flood Control) +hureay certify that this is a true and corroct copy of
Contact Person: Mike Carlson(313-2270) Bo a d oof Su red
the an the minus of the
cc: county Administrator ATTIRATIM-
Community Development tBAew it111 LCKt the rd
Building Inspection
County Counsel /
County AssessorBY ppyyr
County Trumurer Tax Col*ftr
County Auditor/Contr+a or
Public Works- Flood Control
Engineering services
Design-Environmental
Accounting
RESOLUTION NO. 9$/638