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HomeMy WebLinkAboutMINUTES - 04081986 - 1.12 Y THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 8, 1986 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 86/171 (West's Water Code App. Ch-63, Sec. 12.2 and 12.3) SUBJECT: Notification of Hearing to Consider the Amendment of Drainage Area 13 Plan and Drainage Fee Ordinance, Walnut Creek/Alamo Area. Project No. 7552-6D8210 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 its governing board to amend drainage plans and drainage ordinances. This Board has before it for consideration the proposed amendment of the Drainage Area 13 Plan and drainage fee ordinance. The Board further has before it the Engineer' s Report and the amended drainage plan entitled "Drainage Area 13, Boundary Map and Amended Drainage Plan," dated February 1986. Said documents, which show the general location of said area and provide an estimate of the cost of the facilities to be added to said 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 amended drainage fee ordinance, providing for all or part payment of the facilities described in said drainage plan, is attached hereto and marked Attachment "A". It is proposed that the Drainage Area 13 Plan be amended and that the attached drainage fee ordinance be enacted. At 10:30 a.m. on May 13, 1986, in the Chambers of the Board of Supervisors, Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed amendment of said drainage area plan and the adoption of the attached drainage fee ordinance for said Drainage Area. At said hearing, this Board will consider and act upon the Negative Declaration and will hear and pass upon any and all written or oral objections to the amendment of the Drainage Area Plan and the adoption of the attached drainage fee ordinance. Upon conclusion of the hearing, the Board may abandon the proposed amended plans and adoption of the attached 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 SS6066, once a week for two (2) successive weeks prior to the shearing in the "Contra Costa Times" , a newspaper of general circu- lation, circulated in Drainage Area 13. 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. RESOLUTION NO. 86/171: The exterior boundaries of said Drainage Area include lands within the City of Walnut Creek. 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. I hereby certify tha.this is a true andcorrect copy of an action taken and entered on the minutes of the Hoard of Suptrvfsora on the date shown. ATTESTEM FEB NAG PHIL BATCHELOil, CI*rk ct the Board of Supe:v1sc:a and Ccunty Admfristrator By UK:sj AmDA13.t3 Orig. Dept: Public Works Department Flood Control Engineering cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services Ralph Garrow, Inc. P.O. Box 367 Antioch CA 94509 Building Industry Association of Northern California 1280 Boulevard Way -- Walnut Creek CA 94595 City of Walnut Creek P.O. Box 8039 Walnut Creek, CA 94596 RESOLUTION NO. 86/171 Attachment "A" ORDINANCE NO. 86- AN ORDINANCE REPEALING ORDINANCE NO. 84-22 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND ENACTING A NEW DRAINAGE FEE ORDINANCE FOR THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 13 The Board of Supervisors of Contra Costa County as the governing board of the Contra Costa County Flood Control and Water Conservation District does ordain as follows: SECTION 1. Ordinance No. 84-22 of the Contra Costa County Flood Control and Water Conservation District is hereby repealed. SECTION 2. The Board enacts the following as the drainage fee ordinance for Drainage Area 13: SECTION I. DRAINAGE PLAN. The drainage plan and map entitled "Drainage Area 13, Boundary Map and Amended Drainage Plan" , dated February 1986, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for Drainage Area 13 pursuant to Sections 12.2 and 12.3 of the Contra Costa County Flood Control and Water Conservation, District Act (Chapter 63 of West' s Appendix to the Water Code.) . SECTION II. FINDINGS. This Board finds and determines that a drainage fee ordinance, based on impervious surface created, more equitably apportions fees to types of development than one based on a uniform fee per acre; that development of property within the drainage area , with its resultant increase in impervious surfaces, will require the construction of facilities described in the drainage plan; that the fees herein provided to be charged are uniformly applied on a square foot of impervious surface basis and fairly apportioned within said drainage area on the basis of benefits conferred on property upon which additional impervious surfaces in said drainage area are constructed; that the estimated total of all fees collectible hereunder does not exceed the estimated total costs of all drainage facilities shown on the drainage plan ; and that the drainage facilities planned are in addition -to existing drainage facilities 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 act of God, provided the resultant structure has the same or less impervious surface as the original structure; 2) To modify structures or other impervious surfaces, provided the amount of ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid under former