Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-571 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on September 17, 2002 by the following vote: AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 571 (west's Water Code App. Ch. 63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Repeal Drainage Fee Ordinances No. 83/23, and Adoption of new Drainage Fee Ordinances for Drainage Area 29J Antioch, Project No. 7570-6D8209-02 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 ding 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 29J proposed new drainage fee ordinance providing for payment of the increased costs of the facilities previously adopted for the drainage area. SC:cjd G:\GrpData\FldCU\Administrabon\Board Orders\2002 Bo\9-17-02 DA29J Reso NOH.doc Originator: Public Works Department(FCE) Contact Person:Kevin Emigh(313-2233) 1 hereby certify that this is a true and correct copy of cc: County Administrator Jeff Lawrence an action taken and entered on the minutes.of the Community Development Braddock&Logan p Board of Supervisors on the date shown. Building Inspection 4155 Blackhawk Piz Cir,#201 County Counsel Danville, CA 945064613 County Assessor County Treasurer-Tax Collector Heidi L.Friesen ATTESTED: SEPTIlMIER 17, 2002 County Auditor-Controller Hofman Land Development Chief Engineer 1380 Galaxy Way JOHN SWEETEN,Clerk of the Board of Supervisors Accounting Concord,CA 94522 and County Administrator Design--Environmental Engineering Services Paramount Homes 2108 Grant Street ,Deputy Guy t3jerke Concord, CA 94520 BY Horne Builders Assoc.of Northern Calftmia P.O.Box 5160 Dave Dotter-Comm.Devel j Walnut Creek,CA 94596 A.D.Seeno Construction Co. P.O.Box 4113 Dennis Razzarl Concord,CA 94524-4113 Davidon Homes 1600 South Main Street,Suite#150 Walnut Creek,CA 9459 Resolution No. 2002/ 571 SUBJECT: Notification of Hearing to Repeal Drainage Fee Ordinances No. 83/23 DATE: September 17, 2002 PAGE: 2 This Board also has before it the engineer's report, entitled "Updating Drainage Fee Ordinances for Drainage Areas 29.1"which contains an updated estimate of the cost of the facilities to be borne 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. 83/23 be repealed and that the attached drainage fee ordinances be adopted. At 9:30 AM on October 22, 2002, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California,this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinance and adoption of the new drainage fee ordinance.At said hearing this Board will consider and will hear and pass upon any and all written or oral objections to the proposed action. Upon conclusion of the hearing, the Board may abandon the repeal of the existing drainage fee ordinance and adoption of a new drainage fee ordinance or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Antioch Daily Ledger, a newspaper of general circulation, circulated in Drainage Areas 29J. 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 boundary of the Drainage Area includes lands within the proposed corporate limits of the City of Antioch. The Clerk of the 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(a) and 66016(a). Said mailing shall be performed at least fourteen (14)days prior to the hearing. Resolution No. 2002/ 571 ` LEGAL PUBLICATION REQUISTION Contra Costa County Fr. m: Clerk of the Board To: Ledger Dispatch 651 Pine St.,,Room 106 PO Box 2299 Martinez, CA 94553 Antioch, CA 94549 Requested by: EMY L. SHARP Date: Pk3ne No: 925-335-1903 Reference No: Or 707' Sub Object: s2-1Y,0 Task: 4W Activity: Publication Date (s): �. / f c tyO . No. of Pages: C- d LBJAL PUBLICATION- 7Xe IV ,-� d IV x'22 X 4o� Aea- *#**Immediately upon expiration of publication,' send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Aut-111111--iorized Signature: -r t- Please confirm date of publication & receipt of this fax. By telephone please. LEGAL. NOTICE Contra Costa County Flood Control And Water Conservation District NOTICE OF PUBLIC HEADING T. Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and (Nater Conservation District, has set 9:30 AM on October 22, 2002, Administration Building, 6,151 Pine Street, Martinez, California 94553, as the time and place for a hearing on the repeal of Drainage Fee Ordinance No. 83/23, and the adoption of a new drainage fee ordinance for Drainage Areas 29J under the provisions of the Flood Control District Act. Tle new drainage fee ordinance will increase the fee from $0.30 per square foot of impervious sarface area to $0.40 per square feet of impervious surface area. Tle proposed drainage fee ordinance, engineer's report, and a map showing the location of the d4'ainage area 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. Athe public hearing, the Board will consider all written and oral comments on the proposed af;tion, and either approve the proposed action, continue the proceedings, or abandon the p<'oposed action. Pjblished in accordance with Resolution No. 02/ passed on Riblish , 2002 and 2002. M'<C:jlg G;tGrpData\Admin\milt1DA 29 plus Legal Nobce.doc B"I ORDER OF THE BOARD OF SUPERVISORS 0`i CONTRA COSTA COUNTY J,)HN SWEETEN, C'<ierk of the Board of Supervisors ald County Administrator B`.7 CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENGINEER'S REPORT FOR UPDATING DRAINAGE FEE ORDINANCES FOR DRAINAGE AREAS 29C, 29D, 29E, 29G, 29H, 29J, 308, 30C and 52D Prepared by Milton Kubicek Contra Costa County Flood Control District 255 Glacier Dr. Martinez, California 94553 October 1998 Engineer's Report Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 308, 30C, and 52D October 1998 Page 1 RECOMMENDATION It is recommended that: A The existing Drainage Fee Ordinance Nos. 93/86, 93/87, 88/25, 93/19, 92/470, 83/23, 92/18, 87/70, and 91/42 for the following Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 398, 30C and 52D be repealed. 13 New drainage fee ordinances, updated to reflect increased costs due to inflation and the cost of Regional Drainage Improvements in the Marsh Creek Watershed for Drainage Areas 306, 30C and 52D be adopted in the amounts per square feet of impervious area indicated below. Drainage Area Existing Fee per Proposed Fee per Square Foot Square Foot 29C $0.47 $0.47 29D $0.56 $0.56 29E $0.39 $0.44 29G $0:42 $0.42 29H $0.45 $0.53 29J $0.30 $0.40 3013 $0.49 $0.52 30C $0.23 $0.42 52D $0.53 $0.60 11 DRAINAGE AREA LOCATION AND DESCRIPTION Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 3013, 30C and 52D are located in eastern Contra Costa County along both sides of State Route 4 in the Oakley area. A more specific location for each area is shown on the attached drawing, Engineer's Report Drainage Areas 29C, 29D, 29E, 29C, 29H, 29J, 30B, 30C, and 52D October 1998 Page 2 Exhibit A. It shows that Drainage Areas 29G and 29J are in the City of Antioch or its sphere of influence and portions of Drainage Areas 30B and 30C are in the City of Brentwood or its sphere of influence. A more detailed description of each drainage plan and boundary is available by reviewing the following Flood Control District drawings at 255 Glacier Drive, Martinez: Drainage Area drawing No. Adopted 29C D-13010 August 1993 29D D-13011 August 1993 29E D-12604 January 1988 29G D-12031.1 January 1993 29H D-12575 October 1987 29J D-12249 November 1982 30B D-1 1927A November 1988 30C D-11928.1 April 1987 52D D-12630 February 1989 III REASONS FOR CHANGE IN DRAINAGE FEE The change in fee amount is due to higher costs caused by inflation, financing costs for improvements constructed with borrowed funds, and the inclusion of Marsh Creek mitigation regional costs for those drainage areas draining to Marsh Creek. The nine drainage areas were adopted at different times. Each area has an engineers estimate of cost which was calculated when the area plans were last Engineer's Report Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 3013, 30C, and 52D October 1998 Page 3 updated. This report proposes to update each estimate to 1998 costs using the Construction Cost Index published in the Engineering News Record. A copy of the last estimate of cost for each drainage area is contained in Appendix A to this report. Table A below shows the adjustment process. The amount of inflation indicated by the construction cost index was then adjusted to reflect any inflation markup in the existing fee amounts for each area, borrowed funds, and contributions to Marsh Creek Mitigation Improvements. The foot notes to the table indicate the adjustments made. TABLE A - EEE ADJUSTMENT PROCESS Drainage Current Cost Basis Cate Construction Adj. To Net Proposed Area Fee for Current Fee Index Adj. Reflect Adjustment New Fee ($/SF) Previous for Inflation ($/SF) Markup to 1998 29C $0.47 1993 1.06 -.06 1.00 $0.47 29D $0.56 1993 1.06 -.06 1.00 $0.56 29E $0.39 1987 1.22 -0.10 1.12 $0.44 29G $0.42 1993 1.06 -0.06 1.00 $0.42 29H $0.45 199f3l 1.26 -.08 1.1 V, $0.53 29J $0.30 1985 1.32 0 1.32 $0.40 30B $0.49 1993 1.06 0 1.06 $0.52 30C $0.23 1987 1.22 -.09 1.13 $0.42 52D $0.53 1993 1.06 0 1.06 $0.60171 Notes: (1) $0.39 includes 10% for inflation on 1987 prices. (2) $0.42 includes 7.5% for inflation on 1993 prices. (3) $0.45 includes 8.0% for inflation on 1992 prices. (4) Entity has borrowed to implement improvements; adjustments must be based on 50% interest cost for borrowed funds at 6%/year and 50% for future improvements using Construction Inflation Index, i.e. (.50x1.42+.50 1.10)=1.26 (5) $0.23 includes 9% for inflation on 1987 prices. (6) See Table B showing adjustments for Marsh Creek Mitigation Improvements. (7) Includes $0.04 per sq. foot for their share of Marsh Creek mitigation. Engineer's Report Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 30B, 30C, and 52D October 1998 Page 4 TABLE B — DRAINAGE AREA 30C FEE ADJUSTMENT Item Quantity Unit/Price Amount 54-inch CP 650 LF 650 LF $60,400 48-inch CP 500 LF 500 LF $41,500 Basin Earthwork 160,100 CY 160,100 CY $800,500 Basin Structures 4 ea 4 ea $16,000 Basin RWI 22 AC 22 AC $770,000 Subtotal $1,688,400 Contingency 10% $168,800 Admin & Engr. 24% $405,000 Total Estim. Cost $2,262,000 Regional Share 7510 $1,697,000 Subregional Share 25% $565,000 Total $9,356,000 Total Zone Plan Cost @ 1987 prices $9,356,000 Subregional Portion of Total Costs $7,659,000 Subregional Portion, fee amount per square foot based on 36,000,000 SF .21 Adjustment of 1987 Adjusted Subregional Fee to 1998 Prices ($0.21x1.22) .25 Regional Fee .17 Total per square foot fee .42 EstimatedRegional fee @ $.17 x 36,000,000 SF $6,120,000 Less Regional Participation in 30C Improvements $1,697,000 Contribution to Marsh Creek Mitigation Improvements $4,423,000 Basin Construction and R/W costs (1987 prices) (2) Inflation adjustment based on Engineering New Record Construction Cost Index, 1987 to 1998. The basis for the impervious surface fee ordinance is presented in 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 Area 30B of$0.52 per square foot of impervious surface contains $0.17 per square foot for Marsh Creek Mitigation. The Engineer's Report Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 3013, 30C, and 52D October 1998 Page 5 proposed fee for Drainage Area 30C of$0.42 per square foot of impervious surfaces also contains $0.17 per square foot for Marsh Creek Mitigation. A portion of the Drainage Area 30C detention basin improvements will be funded by the Marsh Creek Mitigation funds. Drainage Area 52D drains to Marsh Creek but at a significantly reduced rate and at off peak times, therefor its contribution to Marsh Creek Improvements has been reduced to $0.04 per square foot. VI FUTURE UPDATING OF PROPOSED FEES 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. VII 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. The addition of the fee in Drainage Areas 305, 30C and 52D for the regional plan were thus covered in the above mentioned final environmental impact report. Engineer's Report Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 3013, 30C, and 52D October 1998 Page 6 Updating the drainage fee ordinances for Drainage Areas 29C, 29D, 29E, 29G, 29H, 29.J, 3913, 30C and 52D 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. MFK.jlg G\wordladminlmiltt98-41da29 plus update drainage fee.doc 7/8/98 Rev 7/20/98 Rev.8/3/98 Rev. 10/27/98 4: F APPENDIX A DRAINAGE AREA COST ESTIMATES AND ESTIMATES OF FUTURE IMPERVIOUS SURFACES FROM DEVELOPMENT � y� aoc' nc� � n nNr' > m , a n .� 0 0 - � h- tt� NMONNw R3 ® a� ,� d � v; tnd; tn -,trn h � rn CL titoMNMczaOMaC> oC) 0 It d tri M to wt LO � C a. a u aD + CL� ..,. V� tvcm 0000000000 L- OX 46 0 C7tJ000CD000 � •— � � OOOCDOor� OOO ai co 0 co ;& 0) 1�- C) I Or- A 0) 1,-- "D 00)th e- CL t.. tr) CO CD W 04 O c U) Mtoo trirnni � � �- o aM Q �( 0 3 4c a7 c to W _ tip= e- rr- rrr .= CL 0 � � 4 W � � >` >, a�O L 0 M Mr- MNtt7Mr4M Eti o U. ® ate � t°n � co � rn°) rn � rn°' 2 � Ec m � r rrrrr- rrr C "`-� > E Rm.RE o _ca . . CD Q) �- o N cc cc rf: W C600000000 o °� E ( � c9aDa (mL � Q7 ' DI � tU � wco LO co CO V C� to r pyo •C :� p � 9 W C,4 -�r C14 tri r-` 04 0 dr. �. cu VfLLC7OC3C70C)C) 00GCl � C-) � .�a +, C%4 00 CD Nts? ooar> wr- ofc� or! E .. CD C �. 2 c tm � tom., t3) CA tY3 Ct) CA t� O C7 N f" 'tCiQNNNNNNMMtt') Q Q Ln 4-> cn w flirt► ea•C 40+ C.J Ci) O t0 C3 C)C� O C) C!a CD 40 a 0 a C)0 Cl O Ca � C3 C7 C> C3 C:3 O C1 C7 Cl O C7 C90 Ct a d 4D C3 a t0 0 Ci a 0 Q 4•,7 C) O Ci d m 3.. C) C►C3 C3 C7 C? t17 4� C7 4C;C� C►C�C> . C) Ln C . Q C) VS fS. 4� CI C3 O(7 (0 cl C?Q O N h.C7 LYS O 0 C)C7 in C) M C 7 C3 C3 C) C3 C) CD Ln C1 tt:) M C7 C*j t-•4 to M '7'h Ln C) 0 a h Cl 9-4 C) C9 C7 C� t:i 4m 11=I w w w w w w w w w w w w w w w w w w w w w w A co d 117 CVM r4 r-•4 h -4 to M N io Cl a%"to C)M 4)M 4C) � t17 in O Ci C3 C31 h r-4 d`rt rl l• C7 Ln LO r-•i M r-4 to M M i`J M M M Q1 N Cl• 4 4r^ ••-4 N t� ri r-'4 VO 41.4 v Wu C3 C7 Ca C+C7 C'") C►CD C5 C+ C?d Ci Ci CD C} C)-a Ca K W "r C! C+ G1 C)C) a C? a C) C7 C1 C7 C7 0 C)0 40 O C3 C7 C3 E tL G7 M C7 C, C� O iori C> U1 h •d• Cr Lt c;C7 Ci C)C3 C7 C7 C7 C; 3 ccf M tCA cr d un h m r-4 cr 417 Q a Ln C� C) C= C3 W 4-J 4J C) C3 LO co r--4 .-i•-4 N Ln 417 r.% C7 C7 C7 C3 d W s✓ tt7 r-4.-4 M r-4 r-i N M C7 to C7 t17 d :53 to N t/) I1,.. C) t1-t1-. U. U- t1.- 4s. U-U-w C.) C-J W - r 4 t.7 -J..J .04 d w W W w-i 6'I- G si t1. tC 4U 4J C) FJ1 w•- .--4 C• M.-4 C3 N C7 Ci d C� Ln LnM C)to co t V d• C71 ri •-i r-4 CV J ro 4J C7 C? 4(X C)C) Cl CV C� tt7 L17 h N tL C c C7 ri Ch e-4 M 0) to Ul t0 co a% 9- t43 d" ri r4 0i M M r--4 I � H ui C) S- ul U d C.) 4t) L• N 4J {1. 41 4aG O F• 0 LL 47 f V 4 •r» C fly •--.... CU•r �"' r ►rl 6.7 F" r•-r•- (A ii J � •� C E r• to O S. � C) trt Ci W 4) 0) as fly (U (3 4) S- 43)r--• C7•r "� go ►w LD J •*- d) r• CO 4a 0 4J L .be m ICI.0. 0.. c. M Q.CL 0 r"- 0= U O t3 }"" tC ►-r S m +J to m 41 V +y t3) U•+ •�" •�' •r •r•r•r"r 4j 0-C C 44y t•3 0 z. '•-t 4r C } tJ C 41 ret CL M M M Ci. tom-Ci M U.0 C tO U- •^ L7 0 ro S- 0 t»•+•� � C tCt � •.J fly) J 4- ••-4 c3 43 x #1 H N! t 4 is t i U U U V tJ •N E �-+ L f- !�•• 3 `• !— c CU en C" C tX. e C C C C C c C to .-� 1-, to O >14J �•.47P_ C3 d 4) .4-+ C 0 4)tJ 00 0 0 0 0 0 0 •-+ •-•*-• s h• •w 1•- � �= }'- 4J C .W N 'r •r QG t.d 4;•3 t..) C3 CJ w crC Cu at r 4S)r t3 eri -«- 41i 4S) su +sr �•- ' C Q 9A r- 4-J C 0 cL.Z = = = i = = r^ 06 L7.0.. r vo C 0 W L. d"Orr h C) to N tX3 ct C+ C >1 A>s tt3 .41 r to ,I mwCStt=W NNNMM Ln to Cf C3. co 0 E r-4 N M+7• UM h CO cm C)r-q C'i M+*"Ui tQ h co(m C- r4 e-•4 ri r-4 r-4 rt -4 r4 r4•••4 4: 4W 41 a � � M N i-i- N >� Cf CS CS a a C) Q C?Cw 0 Cl' +a > C)CS a C7 G7 CD o O CD a O 0Crc) Ci CJ CD e:�Ooac 0 O 0C?C1O c) o c.*400 Jo G a�E+ Ci CDC) a 0 O 000C) a C� a•y p���..rr.. �yN �i in tz h �- � r--• co� V m -V rzI co to .-t M r-i co r 4 M m M r.i V yw LO r uj M W V! u W -CT W 4J ui ti': tei C 4- O 3.- 2c G> • C/ ti M w W' CTs a u V) 4-J to 1+J 43 C 4A Cnoii {.y CtF � tCf O W � •r-;ti C•e- Ci 'Ci t}:x- •r- 1. Gi Qi 5- O cc �i 4) •N O C i>•r C i Ci CD r .}i eCi O o rd O C u C 2; r•� w 4- %- ti W N 'moi Cr--• -0 •r Lbi iJ Gi w 5- > S. ft1 ti r-- p Ci • 03 •r- C 4- S-4- W '"O L C d- C w!. iii ii W 44 -1 U C i-} O M 'r. u :r.L is S 4J Cn 4-► C M V!•r 'U cr, C► .r 0 :0 W 'o N C Vt ro C 43 O C 4. .0 Cy- rd O— O C C»0 r r— �y W %tti Vt iJ 5- Q — C U 4i :SS•r- ti +J W i-r 4- L ti W b !-- S C ti C U40 W 'r Cs' `h fm r• O • is i� L Ch x- -Ci C .0 M r•r 44 !! Ci*0 Vt tli V1 M t" CL 3C •r C C O ?- IM %-•r- -r C •�.4-J O O CJ 2r, +zC GOk in ti! WCs LJ r-4 Olt O CV 2 � Ct k 9 tD`h. co Cr1 Ca O u ORDINANCE NO. 2002/ 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 29J The<Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flod.d Control and Water Conservation District does ordain as follows: SECTION 1 Ordinance No. 83/23 of the Contra Costa County Flood Control and Water Conservation Disttict is hereby repealed. SECTION 2 The Board hereby enacts the following as the Drainage Fee Ordinance for Drainage Aree` 29J. SECTION i DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 29J, Bout 1dary Map and Amended Drainage Plan," dated November, 1982, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Wati�r Conservation District Drainage Area 29J pursuant to Sections 12.2 and 12.3 of the,Contra Caps a. o my Flood Control and Wateir Conservation District Act(Chapter 63 of West's Appendix of the Nater Code.) SECTION 11 FINDINGS. This Board finds and determines that said drainage area has inadequate drair.-age facilities; that future subdivision and development of property within said drainage area will have,I a significant adverse impact on existing and future developments; that development of property wither 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 hereinder 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 100;;;quare feet; 3)To convey land to a government agency, public entity, public utility, or abutting prop$ rty'owner where a new building lot or site is not created as a result of the conveyance; or 4)Any C7rdin:ince No. 2002- Page 1 of 4 lot or property for which drainage fees have been fully paid previously. SE('TION 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 Cos}a 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 shahbe as set for the in Section VII. For single family residential swimming pools on lots for which the draIi, age fee has not been paid, the fee shall be$352 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limitd to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subf,Act to a fee of$0.40<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 shah` pay the drainage fee on the entire proposed subdivision or on each individual unit for which a finalor parcel map is filed prior to recordation of said map. Town house, condominium, and cluster houEing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multfamily 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 calclated on an individual lot basis. The fee amount shall be as set forth in Section Vil. SECTION VI1. FEE SCHEDULE Measure Buildina Permit .Subd vision Commercial/industrial/Downtown office Acre $16,448,00- 17,..88.00 2ffre Medium Acre $14 t5 752.00 C7ffre(LightlAcre $111796.00 $13 296,10 Mull famii residential fincluding Mobile Horne Park!L. Les;:than 2,500 s .ft of land per unit Acre $12, $ t1i0 2,500 to 7,999" Unit 3,00. to 3,999" Unit $880:t `'' . . a :00 , 4,Ot#7 to 4,999" Unit #'024.00` $.fi 624.00 5,0t�to 5,999" Unit 6 0t3 to§1999" Unit 7,00'7 to 7,999" Unit $#4513 C0 #456. -------------- 800€l +" Unit $1 510' S28Ot? -Sin0eFamily Residential` 4Y,02, to 4,999,s3.ft. of landper unit Unit $1 fl76.0t} . $1:1724.00 5,001)to 5,999" Unit 1,144.00 $1,798.00 . 6 0a€ to 6,999" Unit $174,712.00 1` :00 7,00.€.)to 7,999" Unit $122 0.00 $1,940.00 to 6,999" Unit $1,` .9 :00 . 2 j044-00 , 10,090 to 13,999" Unit 14,Oi0 to 19,999" Unit 92.00 20,0!30 to 29,999" Unit $2 472.00 $3;108.110 Ordinldnce No. 2002- Page 2 of 4 Measure Building permit Subdivision 30,x:)00 to 39,999" Unit $257200 $3 712.00 40,1:100+"" Unit S3.084.00, $4,276.00 A ticuiturai: Unger 10%of lot impervious Exem t More than 10% of lot Impervious Acre $1568000/0 cre of deveio ed ortidn , On <iingle family lots, bams 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 Ior 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'`he purpose of this ordinance, subject to Section Vl, 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 appfy to lots containing only one dwelling unit. For multifamily residential (including mobile home park'i5)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, whe-r authorized by the district's Chief Engineer, other consideration such as actual construction of a partof 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, engheering, administration, repair maintenance and operation or reimbursement for the same, in whole or in part, of planned drainage facilities within the drainage area or used to reduce the principal or interest of any indebtedness of the drainage area. SE ,TIO 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-J ehaff,hot be`reg0lred under Section V11 for any part of the total area for which the" fee was paid, exaspt in the caseof a resubdivision. B Where drainage fees have been paid under this ordinance or another drainage fee ordinance based on ithporvlous surface, fees shall not be required under Semon VII for the total irnpervious,surface area for which the fee was paid. However, fees shall be payable under Section V11 for any additional impervious surface area. C Where draloagef6es have been paid other than pursuant to,an adopted:drainage fee ordinance; tie d�oltar amount of the fee paid for the development site in question shall be, credited against the fees payable under Section VII. Ordimince No. 2002 Page 3 of 4 SE"JTION X REW : l;OF,FgJES. Project cost estimates shall be reviewed every year that this ord<iari isr in T e fed s hedul+s shalt be�,adjusted annt�alty on ;1anuar- 'I to account for mfltiort usn theylentg.Ngintecoard Coristrvefidr Cost lnda ut jtistment shalt not req.--i-pre rrlt�ier t a 'or Pubtie tearing. StTN 'T'I'1irEx This ordinance becrmes� Ffective gf '44ys after passage, ancf w�#lx�n 95 aay page;�hall`:be tau-tshod once with tl�e nerve ©f supervisors voting for and aga rist'lt� ri the Ankh Daily Ledger,o new�spapot published:irt this arae: c PASSED AND ADOPTED ON 0etob±i r �, `by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: ,16h: etgn Clerk of the Board of Supervisors and County Administrator By: Deputy G:1Grp"Data\FldCU\Administration\Board Orders\2002 BOW 9-17-02 DA29J Ord(10-22).doc Ordinlance No. 2002 Page 4 of 4 DA 29J Existing Fee Ordinance ORDINANCE NO. •69-eS AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT ESTABLISHING DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND MATER CONSERVATION DISTRICT DRAINAGE AREA 29J 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 . DRAINAGE PLAN. The drainage plan and map entitled 'fifer dated November 1982 , on file with the Clerk of the Board of Supervisors , is adopted as the <4rainage plan for Drainage Area 293 pursuant to Seetiong--63 1212 efid of the eavitre eette Gounty Flood Control and O1sL, let A' . SECTION II . FINDINGS. It is found and determined 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 past and future developments , that development of ;Property within the drainage area with its resultant increase in impervious ;:surfaces will require construction of the facilities described in the drainage plan, . that the fees herein provided to .be charged are uniformity Applied on a square foot of impervious surface basis and fairly apportioned Within said drainage area on the basis of benefits conferred on property ,4ishing to construct additional impervious surfaces in said drainage <4rea, that the, estimated total of all fees collectible hereunder does €got' exceed the estimated total costs of all drainage facilities shown <an the drainage plan , and that the drainage facilities planned are 1-lereby found to be in addition 'to existing drainage facilities serving *yhe' 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 , f' lo'od , winds or act of God provided the resultant structure has the name, 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 more than 100 square feet ; or 3) To. convey ': and to a government agency, pu4lic entity, public utility, or abutting #roperty owner where a new building lot or site is not created as a rlesult of the conveyance. 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 c-f the lot in excess of two acres that i.s not a required part of the pending development. The deferment of fee is conditional on the property wners granting, as collateral , the development rights to the Board c±f Supervisors for said area of deferred fee until such time as the f-eeis paid. , - 9�T SECTION V . BUILDING PERMITS . Except as permitted under Section ItI and IV, the Contra Costa County or the city official having jurisdiction stall not issue any building permit for construction within the drainage area until the required drainage fee has been paid . Jor initial construc- tfon ' the fee shall be as set forth in Section VII . For single family rsidential swimming pools on lots for which the drainage fee has not been paid , the fee shall be $240 per pool . For other construction , modifications or replacements to an existing facility that causes an itcrease in impervious surface including but not limited to driveways . walks , patios etc. , the amount of net increase in impervious surface stall be subject to a fee of -34 -Ge*4+ per square foot , but not to exceed th,e 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 sUbd'ivision or on each individual unit for which a final or parcel mp is filed prior to recordation of said map . Townhouse, condominium,and cluster housing type subdivisions creating individual lots less than 4,::000 square feet' s-hall be treated as multifamily residential and the ltt 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 ft<r 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 Building Permit Subdivision Commercial /Industrial /Downtown Office a I C T. ce a um : , ce t ht 8,850 - - - -- , Ir am Y Residential Includin Mobile me ars : ss ',than 2,500 sq. ft . of land per unit , 2 500 to 2.999 4Wun4• 3j.000 to 3,999 " X669 " ------- 4 4,004 to 4,999 " " +rHe '-;�- S .1000 to 5,999 " `sag " - - 889 69...000 to 6,999 " tt . 9nn " -- 990..lJ. 7 ,.:000 to 7,999 t, " .1 ,enn " - G g ,t Sin le Family Residential : 4,..000o 4,999 sq. ft. of land per unit nit ' Z95, ;: .; t 5 t000 to 5,999 " " -645 " - 1 , 350 6,::000 to 6,999 " -ese 1 ,409" 7 ,..000 to 7,999 11It " 1 ,455 " 8'..000 to 9,999 " n __9 4 " _ 1 , 636 " . 10,:000 to 13,999 it " _ 1108G " 1,x-90 14...000 to 19,999 01 01 1 ,946 " 1 ,946 " 20,:000 to 29,999 71330 " $0,:000 to 39,999 " " 1 �'^ 2 $6 " 40'..000 + 3;210 " �A ricultural : Under ' o`l- lot impervious Exempt Mitre than 10% of lot impervious , .On single family lots barns and sheds in excess of 400 square feet anc1 tennis courts shall not be considered as incidental residential fa'>sil' ities included in the above fee schedule . The drainage fee for this portion of these type facilities in excess of 400 square feet shall be'>' calculated . using the square foot fee in Section V , and it shall be' in addition to the above fee amounts. ,. For the purpose of this ordinance , except as noted in Section VI , 1011. size shall be (1 ) for existing lots , that land shown on the latest eqOalized county assessment roll as a lot; or (2) for new subdivision logs , that land shown on the final or parcel map as a lot . The fee amf. unts under "Single Family Residential " shall apply to lots containing on'. y one dwelling 'unit . For multifamily residential ( including mobile Wine parks ) the "square feet of land per unit" shall be the quotient obtained .by dividing the lot size in square feet by the number of dwelling un' ts to be on the lot. SECTION VIII . FEE PAYMENT . The official having jurisdiction may adept cash or check , or, when authorized by the District' s Chief Enginee other consideration such as actual construction of a part of the plann. drAnage facilities by the applicant or his principal . All fees collected hereunder shall be paid into the County Treasury to the account of t h V drainage facilities fund established for the drainage area . Monies in,{said fund shall be expended solely for land acquisition, construction, engineering, administration, repair maintenance and operation or reimburse- me�lt for the same , in whole or in part, of planned drainage facilities wi'. hin the drainage area or to reduce the principal or interest of anv bonded indebtedness of the drainage area. r : �$-N-1-X z ;M I T A T-I-BNS . No lot shall be s u b j e s t--to payment of- 4.&1 - e.1 f4es , gladar the ter-mr, of this. ardin-ACA , more than CA&GO except- - f-- • and V . On the exceptions , credit for previous pi GTION v EFFECTIVE DATE . This ordinance becomes effective'°-Se-- days after passage, and within 15 days of passage shall be published once with the names of supervisors voting for and against it in the Antioch Daily Ledger, a newspaper published in this county. <'.PASSED AND ADOPTED ON y the following vote. AYES: Supervisors r. NOES: None. `.ABSENT: None. ATTEST: R. , -and e* Offisia- Clerk of Kof a— B . ePu Y rman o e oar Diana M. Herman FC4ORD29d THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Ado oted this Resolution on October 22, 2002 by the following vote: AYE'S: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2002/ SUEJECT: Adopt and Approve Repeal of Drainage Fee Ordinance No. 83/23 and the Adoption of a new Drainage Fee Ordinance No. for Drainage Areas 29J Antioch area. Project No.: 7570-6D8209-02, CDD-CP 98-81. The'Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Floo Control and Water Conservation District, FINDS, DETERMINES and RESOLVES that: On S.eptember 17, 2002, this Board set a public hearing to consider the repeal of the existing Drainage Fee.Ordinance No. 83/23 and the adoption of new drainage fee ordinance to increase drainage fee in Drainage Area 29J. On October 22, 2002, pursuant to the Board's Resolution of September 17, 2002, this Board held a rning to consider the repeal of Drainage Fee Ordinance No. 83/23,and adoption of new drainage fee ordinance. At which time all written and oral objections presented concerning these actions were considered. No rsotutions 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 area involved. This Board also FINS that no written petition for an election, signed by at least twenty-five percent of the registered voter$ within Drainage Area 29J has been filed. SC:cjd G:1Grpt)ata1F1dCMAdminisbabon\Board Orders12002 B01B0 9-17-02 DA29J Reso(10-22).doc Public'>Vorks(Flood Control) Contac,Person: Kevin Emlgh (313-2233) 1 hereby certify that this is a true and correct copy cc: County Administrator of an action taken and entered on the minutes of Community Development the Board of Supervisors on the date shown. Building Inspection County Counsel County Assessor County Treasurer-Tax Collector ATTESTED: County Auditor/Controller JOHN SWEETEN, Clerk of the Board of Public Works- Flood Control Supervisors and County Administrator Engineering Services Design-Environmental Accounting By , Deputy RESOLUTION NO. 2002/ Subect. Adopt and Approve Repeal of Drainage Fee Ordinance No. 83123 Datc.1,1: October 22, 2002 Page: 2 It ap> ears 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 ir} accordance with Sections 11 and 12.3 of the Contra Costa County Flood Control and Water Conervation District Act and in accordance with the provisions of the Board's Resolution of September 17, 14,002, The :Board has received no resolutions or ordinance adopted by any affected city objecting to the prop<Osed actions. The ;purpose of the drainage fees in this resolution is to generate monies to finance drainage imps)vements in Drainage Area 29J. The fees will be used to finance the drainage facilities listed in the drainage plan and described in the engineer's report. As d Scussed 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 impevious 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 foes'paid by each type of development will provide necessary infrastructure to mitigate adverse drain=sage impacts that would otherwise result from such development. This'3oard further FINDS that the activity, ADOPTING and APPROVING the repeal of Drainage Fee Ordinance No. 83123 and adopting the new drainage fee ordinances for Drainage Area 29J is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the Act's guidelines; and AUTI� ORIZE the Chief Engineer to arrange for payment of a $25 fee to Community Development for proc ssing, and a $25 fee to the County Clerk for ding the Notice of Exemption. This[3oard 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 29J and this Board hereby ENACTS Ordinance No.2002- . This Board hereby also REPEALS the existing Drainage Fee Ordinance No. 83123. RESOLUTION NO. 20021 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.: 7556-6D8208 CP NO.: 98-81 ACTIVITY NAME: Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 30B, 30C and 52D Fee Amendment DATE: October 19, 1998 .PREPARED EPARED BY: Leigh Chavez This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) 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. .DESCRIPTION OF THE ACTIVITY: ,..The project consists of repealing the existing drainage fee ordinances for Drainage Areas 29C, 29D, 29E, 29G, 29H, 29J, 308, 30C, and 52D and adapting new ordinances for the .same areas that reflect 1998 costs and participation by Drainage Areas 30B, 30C and 52D .In the Marsh Creek Mitigation Improvements. Adoption of the new fee ordinances is an .administrative act that is not growth inducing and will not result in changes to the drainage area boundaries or plans. <j.00ATION: The Drainage Areas are located in the east county area within the sphere of influence of .the cities of Antioch and Brentwood and within unincorporated Oakley. The exact .boundary of the Drainage Areas is shown on the attached Contra Costa County Flood .Control and Water Conservation District drawing (Figure 2). :REVIEWED BY � � . DATE: 14 /Y1' :APPROVED BY: DATE: /0/-201q/ Community Development Representative J:lgrpdatakdesignlenviro198projs\DAFeeAmendDeterm Form Revised 2/97) F XGUIRS Q 01-1 � x �. �,. +C O cr- v_ �,.