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HomeMy WebLinkAboutMINUTES - 05082001 - SD.2 PROOF OF PUBLICATION ORDINANCE NO.-2001-09 (2015.5 C.C.P.) AN ORDINANCE OFTHE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ESTABLISHIN DRAINAGE FEES IN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE ARE! The Board of Supervisors of Contra Costa County as the Governing Measure Bwlding Su STATE OF CALIFORNIA Body of the Contra Costa County Flood Control and Water Conservation Permit County of Contra Costa District does ordain as follows: Agricultural: Under 10%of lot impervious Exempt SECTION I DRAINAGE PLAN.The drainage plan and map entitled More than 10°6 0l lot impervious Acre 23,592.00 1 am a citizen of the United States and a resident of the Drainage Area 52C.Boundary Map and Drainage Plan,Amendment No. 2,"dated March 2001,on file with the Clerk of the Board of Supervisors, On single family lots,barns and sheds in excess of 400 square le County aforesaid; I am over the age of eighteen years, and is adopted as the drainage plan for the Contra Costa Count Flood tennis and sports courts shall not be considered as incidental re: nota art to or interested in the above-entitled matter. Control ee ons 12.2 and Conservation. tDistrict Drainage y Area ood cpursuant 10 facilities included in the above lee schedule.The drainage lee for party County portion of these facilities in excess of 400 square leer shall be cal Water Conservation District Act(Chapter 63 of West's Appendix of the using the square loot lee in Section V,and it shall be in addition I. Water Code.) above fee amounts. I am the Principal Legal Clerk of the Ledger Dispatch and Brentwood News. Newspapers of general circulation, printed SECTION II FINDINGS.This Board finds and determines that said For the purpose of this ordinance,subject to Section VI,lot size s 9 P drainage area has inadequate drainage facilities;that future subdivision (1)for existing lots,that land shown on the latest equalized asses and published at 2640 Shadelands Drive In the City Of and development of property within said drainage area will have a roll as a lot;or(2t for new subdivision lots,that land shown on Itis significant adverse impact on existing and future developments;that parcel map as a U.The tee amounts undor'Single Family Resid Walnut Creek,County of Contra Costa,94598. development of property within the drainage area,with its resultant shall apply to lots containing only one dwelling unit. increase in impervious surfaces,will require the construction of facilities For multifamily residential(including mobile home pparks)the'squ described in the drainage plan:that the fees herein provided to be of land per uniC shall be the quotient obtained by dividing the lot And which newspaper has been adjudged a newspaper of charged are uniformly applied on a square foot of impervious surface square feet by the number of dwelling units proposed lobe on fh. general circulation b the Superior Court of the Count Of basis and fairly apportioned within said drainage are on the basis of 9 Y P Y benefits conferred on property upon which additional impervious SECTION Vlll.FEE PAYMENT.The official having)"unsdiction me Contra Costa, State of California, under the date of March surfaces in said drainage area are constructed;that the estimated total accept cash or check,or,when authorized by the District's Chief ion 26, 1870. Case Number 746370. of all fees collectible hereunder does not exceed the estimated total Engineer,other consideration such as actual constructof a pa costs of all drainage facilities shown on the drainage plan or includod in planned drainage facilities by the applicant or his principal.All foe the Engineer's Report;and that the drainage facilities planned are in collected hereunder shall be distributed into the appropriate accc addition to exisling drainage facilities alreatly,serving the drainage area $0.74 of each$0.80 collected will be deposited in the County Tre The notice, of which the annexed is a printed copy (set In at the time of the adoption of the drainage plan. the account of the drainage facilities fund established for the oral type not smaller than nonpareil), has been published in each area.The remaining$0.06 of each$0.80 will be deposited into th YP P )r SECTION III EXEMPTIONS.The fee shall not be required for the Control Zone 1 fund to be used for improvements in the Marsh C regular and entire issue of said newspaper and not in any following:1)to replace a structure destroyed or damaged by fire,flood, Regional Improvement Plan.Monies in said funds shall be expen winds or other acts of God,provided the resultant structure has the solely for land acquisition,construction,engineering,adminis rati supplement thereof on the following dates,to-wif: same,or less impervious surface as the original structure;2)To modify repair,ioaintenance and operation or r°imbursentont for rho Sam structures or other impervious surfaces,provided the amount of ground whole or part,of planned drainage facilities within the drainage a coverage is not increased by more than 100 square feet;3)To convey the Marsh Creek Regional Improvement Plan.Said monies may May 23 and to a government agency,public entity,public utility,or abutting used to reduce the principal or interest of any indebledness of th property owner where a new building lot or site is not created as a result drainage area,or the Flood Control Zone 1 fund. of the conveyance;or 4)Any lot or property for which drainage lees have all in the year of 2001 been fully paid previously. SECTION IX.CREDIT.Drainage fees previously paid shall be cri as follows: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek,California. On this 23 day of May, 2001 ' .......... . .. ... ... ..... ....... ..... Signat re Ledger Dispatch and Brentwood News P O Box 2299 Antioch,CA 94531-2299 (925)757-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) SECTION IV.FEE DEFERMENT.On lots greater than two acres in size, yV V V the property owner can defer the payment o1 the fee on the portion of the A. Where drainage fees have been paid under a fors lot in excess of two acres that is not a required part of the pending ordinance based on acreage,fees shall not be re development.The deferment of fee is conditional on the property owners under Section VII for any part of the total area for granting,as collateral,the development rights to the Board of was paid,except In the case of a resubdivision. . Supervisors for said area of deferred fee until such time as the fee is paid. B. Where drainage fees have been paid under this c another drainage fee ordinance based on Impery SECTION V.BUILDING PERMITS.Except as permitted under Section III shall not be required under Section VII for the tot and IV,the Contra Costa County or the city official having)'urisdiction surface area for which the fee was paid.However shall not issue any.br:iMing permit t^r construction within the drainage payable under Section VII for any additional impe area until the required drainage fee has been paid.For initial construction area. the fee shall be as set for the In Section VII.For single family residential swimming pools on lots for which the drainage fee has not been paid.the C. Where drainage fees have been paid other than I fee shall a$704.00 per pool.For other construction,modifications or adopted drainage fee ordinance,the dollar amou replacements to an existingfacility that cause an increase in impervious. for the development site in question shell be creo surface,including,but not limited to,driveways,walks,patios,etc..,the fees payable under Section VII. amount of net increase in impervious surface shall be subject to a fee of $.80 per square toot,but not to exceed the amount required under- SECTION X.REVIEW OF FEES.Project cost estimate: Section VII. reviewed every year that this ordinance is in effect.The shall be adjusted annually on January 1 to account for i SECTION VI SUBDIVISIONS.Except as permitted under Sections III Engineering News Record Construction Cost Index.Su. and IV,the subdivider shall pay the drainage fee on the entire proposed shall not require further notice or public hearing. 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 SECTION XI.EFFECTIVE DATE.This ordinance becoi cluster housing type subdivisions creating Individual lots less than 4,000 days after passage,and within 15 days of passage aha square feet shall be treated as multifamily residential and the lot size once with the riame of supervisors voting for and again: used in determining the"square feet of land per unit"shall be the lot size Dispatch,a newspaper published in this area. 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 Subdivision PASSED AND ADOPTED ON May 08,2001,by the following vote: Permit CommerciaVlndustrial/Downtown office Acre 32,896.00 35,336.00 AYES: Supervisors Cioia,Gerber,DeSaulnier,Glover,Uilkema Office Medium) Acre 28,192.00 31,504.00 Office Light) Acre 23,592.00 26,592.00 NOES: None Multifamily resldentlal(Including Mobile Home Parks) ABSENT: None Less than 2.500 sq.ft.of land per unit Acre 25,920.00 25,920.00 2,500 to 2,999" Unit 1,536.00 1,536.00 ABSTAIN: None 3.000 to 3,999" Unit 1,760.00 1,760.00 4,000 to 4,999" Unit 2,048.00 2,048.00 5,000 to 5,999' Unit 2,344.00 2,344.00 Chair of the Board Cayle B.Uilkema 6.000 to 6,999" Unit 2,632.00 2,632.00 7,000 to 7,999" Unit 2,912.00 2.912.00 ATTEST: John Sweeten May 08,2001 8,000+" Unit 3,056.00 3,056.00. Clerk of the Board of Supervisors Single Family Residential: and County Administrator 4,000 to 4,999 sq.ft.of land per unit Unit 2,152.00 3,448.00 By: Emelda L.Sharp 5,000 to 5,999" Unit 2,248.00 3,592.00 Deputy 6,000 to 6.999" Unit 2,344.00 3,736.00 7,000 to 7,999" Unit 2,440.00 3,880.00 Legal LD80 6524 8.000109,999" Unit 2,584.00 4,088.00 10,000 to 13,999" Unit 2,872.00 4,504.00 Publish:May 23,2001 14,000 to 19.999" Unit 3,352.00 5,184.00 20.000 to 29.999" Unit 4,144.00 6,216.00 30,000 to 39,000" Unit 5,144.00 7,424.00 40,000+" Unit 6.168.00 8,553.00 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS TME GOVERNING BODY OF CONTRA COSTA COUN'T'Y FLOOD CONTROL & NATER CONSERVATION DISTRICT Adopted this Resolution on May 08 , 2001 , by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover, Uilkema NOES: None ABSENT: None ABSTAIN: None 2001/ 18 6 RESOLUTION NO. SUBJECT: Amendment No. 2 of Drainage Area 52C, Adopted Plan, Repeal of Drainage Fee Ordinance No. 90-39, and Adopting of a New Drainage Fee Ordinance for Drainage Area 52C, Brentwood Area. Project No. 7571-6138203-01 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: On March 27, 2001, the Board adopted a Resolution proposing to amend the adopted plan for Drainage Area 52C, and to repeal the existing drainage fee ordnance and to adopt a new drainage fee ordinance for the drainage area. On May 8, 2001, pursuant to the Board's Resolution of March 27, 2001, this Board held a hearing to consider the amendment of said drainage.area plan, the repeal of the existing drainage fee ordinance No. 90-39, and the adoption of a new drainage fee ordinance. All written and oral objections presented concerning the proposed amendment of said drainage area plan, the repeal of drainage fee ordinance No. 90-39, and adoption of a new drainage fee ordinance were considered. This Board FINDS that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in the proposed drainage area. This Board also FINDS that no written petition for an election, signed by at least 25 percent of the registered voters within the proposed drainage area has been filed. It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been 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. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage area. The Board hereby CERTIFIES that the Environmental Exemption CDD-CP400-19,submitted to it by the Community Development Department as to the environmental impact of the proposed plan amendment for said drainage area,the repeal of drainage fee ordinance 90-39, and the adoption of a new drainage fee ordinance has been completed in compliance with the California Environmental Quality Act, and it has been reviewed and the comments, responses, and the information contained therein considered. L \J • " The Board hereby also FINDS that good cause exists for the amendment of the adopted plan for aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 52C Plan Amendment No. 2 be ESTABLISHED, consisting of the real property described in the Exhibit "A" attached hereto. The drainage plan, as shown on the map entitled, "Drainage Area 52C Boundary Map and Drainage Plan Amendment No. 2," dated March 2001, proposed to be instituted for the drainage area and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California is hereby INSTITUTED. The Board hereby REPEALS Ordinance No. 90-39 and ENACTS Ordinance No. 2001-.09 establishing drainage fees in said drainage area. The Board FINDS, pursuant to Government Code Section 66001 (a) as follows: The purpose of the fees described in this resolution is to generate monies to finance the construction of drainage improvements within the drainage area. The fees will be used to finance the drainage improvements listed in the Engineer's Report and the Drainage Plan, entitled "Drainage Area 52C Boundary Map and Drainage Plan Amendment No. 2" dated March 2001, which report and plans are on file with the Clerk of the Board. As discussed in more detail in said report and in the"Report on Impervious surface Drainage Fee Ordinance,"dated January 5, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and drainage within the drainage area, thus creating a need to construct improvements. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for this project. I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 08 , 2001 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By Deputy G:\GrpData\F1dCtl\Administration\Board Orders\2000 BO\Rcso Amend#2-DA 52C.doc Orig Dept: Public Works(Flood Control) Contact: Kevin Emigh(313-2233) c: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller PW Accounting—F.Scudero Eng.Services Building industry Association Eastern Division P.O.Box 5160 San Ramon,CA-94583 RESOLUTION NO. 2001/186 Contra Costa County Flood Control & Water Conservation District Drainage Area 52C-Boundary Description Exhibit "A" Real property in the City of Brentwood and in an unincorporated area of Contra Costa County, California, being a portion of the Town of Brentwood shown on the "Map of Brentwood" filed September 1, 1881 in Book A of Maps at page 11, a portion of"Subdivision Number Three of Brentwood Irrigated Farms" filed September 11, 1917 in Book 16 of Maps at page 324, a portion of"Subdivision Number Four of Brentwood Irrigated Farms" filed September 11, 1917 in Book 16 of Maps at page 325, a portion of "Subdivision Number Five of Brentwood Irrigated Far ns, Amended" filed August 4, 1920 in Book 17 of Maps at page 372, a portion of Rancho Los Meganos, and portions of Sections 6 and 7, Township 1 North, Range 3 East, Mount Diablo Meridian, described as follows: Beginning on the centerline of Brentwood Boulevard (State Highway Route 4, formerly Liberty Link Highway) at Marsh Creek Channel control line, 64.16 feet northeasterly of"POINT 2G" designated in the deed to Contra Costa County Flood Control and Water Conservation District recorded January 6, 1965 in Volume 4777 of Official Records at page 508; thence from the Point of Beginning along the centerline of said highway, southerly 4,700 feet, more or less, to the northwest prolongation of the southwest line that parcel of land described in the deed to Homer L. Beasley et al. recorded December 1, 1972 in Volume 6812 of Official Records at page 304; thence along said prolongation, southwest line, and southeast prolongation thereof, south 35°37' east 1,030. feet, to the east corner of that parcel of land described in the deed to Renwick P. Russell et ux. recorded December 4, 1975 in Volume 7702 of Official Records at page 254; thence along the southeast line of said Russell parcel and southwest prolongation thereof, south 54°23'west 713 feet, to the east right of way line of Second Street; thence along said east line in a general southerly direction 166 feet to the northeast right of way line thereof; thence along said northeast line, south 35°37'east 725 feet,to the northwest right of way line of Dainty Avenue (formerly Maple Street); thence along said northwest line, north 54°23' east 400 feet, to the northeast right of way line of Third Street;thence along said northeast line, south 35°37'east 560 feet,to the southeast right of way line of Oak Street shown on the "Map of Brentwood" (A M 11); thence along said southeast line, south 54°23' west 1,050 feet, to the southwest line of the 20 feet wide alley crossing "Block D" shown on the"Map of Brentwood" (A M 11); thence along said southwest line, south 35°37'east 400 feet, to the northwest right of way line of Chestnut Street; thence along said northwest line and southwest prolongation thereof, south 54°23' west 235 feet, to the southwest right of way line of Railroad Avenue; thence along said southwest line, north 24°19' west 24.27 feet and north 35037' west 456 feet, to the northwest right of way line of Oak Street; thence along said northwest line, south 54°23'west 75 feet, to the southwest line of"Parcel B" shown on the map filed December 7, 1970 in Book 14 of Parcel Maps at page 50; thence along said southwest line and the northwest prolongation thereof,north 35°37' west 400 feet,to the southeast right of way line of Dainty Avenue; thence along said southeast line, south 54°23' west 225 feet, to the northeast right of way line of I Walnut Boulevard on the boundary of"Contra Costa County Flood Control and Water Conservation District Drainage Area 52A" established July 25, 1978 by Contra Costa County Board of Supervisors Resolution No. 78/737 and described in Exhibit "A" attached thereto; thence along said drainage area boundary in a general southerly direction 6,360 feet, to the north right of way line of the "Main Canal" shown on "Subdivision Number Three of Brentwood Irrigated Farms" (16 M 324); thence along said north line, north 89°55' east 7,500 feet, more or less, to the centerline of Sellers Avenue; thence along said centerline, northerly 5,313 feet, more or less, to the east prolongation of the north right of way line of Chestnut Street, formerly Brentwood Road (Road No. 2); thence along said prolongation and north line, south 89° 09' west 1,743.2 feet, to the southeast corner of Lot 163, "Subdivision Number Four of Brentwood Irrigated Farms" (16 M 325); thence north 00°01' east 2,615.1 feet to the northeast corner of Lot 147 of said subdivision (16 M 325), being also a point on the south line of Section 7 (TIN, R3E), distant 1,743.2 feet westerly of the granite monument at the southeast section corner; thence along the north line of said Lot 147, south 89° 15' west 113.8 feet, to the southeast corner of that parcel of land described in the Decree of Settlement of Final Account and of Final Distribution to Margaret Hyde Bonr&kson recorded November 7, 1978 in Volume 9094 of Official Records at page 77; thence north 1,320 feet to the northeast corner of said Bonnickson parcel oil the south line of that parcel of land described in the deed to Peter A. Stolich et ux. recorded March 21, 1969 in Volume 5837 of Official Records at page 291; thence along the boundary of said Stolich parcel, north 89" 50' east 50 feet and north 00° 29' east 3, 951.2 feet, to the centerline of Sunset Road and north line of Section 7 (TIN, R3E) distant 1,845.5 feet westerly of the northeast section corner; thence along said north line north 89° 58' 23" east 516.6 feet, to the south quarter corner of the southeast quarter of Section 6 (TIN,R3E)which bears south 89°58'23" west 1,328.81 feet from the southeast corner of Section 6 shown as the centerline intersection of Sunset Road and Sellers Avenue on the map of Subdivision MS 175-69 filed February 20, 1970 in Book 1 I of Parcel Maps at page 49; thence north 1°25'30" east 1,329.26 feet to the northwest corner of Subdivision MS 175-69, also being the southwest corner of Subdivision MS 47-88 filed September 20, 1989 in Book 142 of Parcel Maps at page 21; thence along the west line of Subdivision MS 47-88, north 0°35'45" east 1,314.38 feet, to the northwest corner thereof, also being the southwest corner of Subdivision MS 16-79 filed January 10, 1980 in Book 83 of Parcel Maps at page 41; thence along the west line of Subdivision MS 16-79, north 1°00'12" east 435.13 feet, to the northeast corner of that parcel of land described in the deed to the City of Brentwood recorded November 30, 1990 in Volume 16274 of Official Records at page 402; thence along the north line of said city parcel,north 88°59'48" west 422.21 feet, to the northwest corner thereof on the east right of way line of Marsh Creek Channel; thence westerly 78 feet, more or less, to "POINT IP" on Marsh Creek Channel control line described in said deed to Contra Costa County Flood Control and Water Conservation District (4777 O.R. 508); thence along said control line in a general southwesterly direction 5,745.76 feet to the centerline of Brentwood Boulevard, the Point of Beginning. L11 jig \\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2001\DA52C Boundary.doc 3/14/01 2 ORDINANCE NO. 2001-09 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 52C 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 "Drainage Area 52C, Boundary Map and Drainage Plan, Amendment No. 2," dated March 2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52C 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 of the Water Code.) 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 Ordinance No. 2001-09 Page 1 of 5 ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. 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 $704.00 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$.80 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. Ordinance No. 2001-09 Page.2 of 5 SECTION VII. FEE SCHEDULE Measure Building Permit Subdivision Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00 Office (Medium) Acre 28,192.00 31,504.00 Office(Light) Acre 23,592.00 26,592.00 Multifamily residential (Including Mobile Home Parks) Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00 2,500 to 2,999 " Unit 1,536.00 1,536.00 3,000 to 3,999 " Unit 1,760.00 1,760.00 4,000 to 4,999 " Unit 2,048.00 2,048.00 5,000 to 5,999" Unit 2,344.00 2,344.00 6,000 to 6,999 " Unit 2,632.00 . 2,632.00 7,000 to 7,999 " Unit 2,912.00 2,912.00 8,000 +" Unit 3,056.00 3,056.00 Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00 5,000 to 5,999 " Unit 2,248.00 3,592.00 6,000 to 6,999 " Unit 2,344.00 3,736.00 7,000 to 7,999 " Unit 2,440.00 3,880.00 8,000 to 9,999" Unit 2,584.00 4,088.00 10,000 to 13,999" Unit 2,872.00 4,504.00 14,000 to 19,999" Unit 3,352.00 5,184.00 20,000 to 29,999 " Unit 4,144.00 6,216.00 30,000 to 39,999 " Unit 5,144.00 7,424.00 40,000+"" Unit 6,168.00 8,553.00 Agricultural: Under 10% of lot impervious Exempt More than 10% of lot impervious Acre 23,592.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. Ordinance No. 2001-09 Page 3 of 5 For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.74 of each $0.80 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining $0.06 of each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan. 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 part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. 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. 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. Ordinance No. 2001-09 Page 4 of 5 SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Eremvmm&k4ews, a newspaper published in this area. Ledger Dispatch May 08, 2001 PASSED AND ADOPTED ON , by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover, Uilkema NOES: None ABSENT: None ABSTAIN: None I Chair of the Boa Gayle B. Uilkema ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator May 08 , 2001 By: Deputy Ordinance No. 2001-09 Page 5 of 5 ORDINANCE NO. 2001-09 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 52C 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 "Drainage Area 52C, Boundary Map and Drainage Plan, Amendment No. 2," dated March 2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52C 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 of the Water Code.) 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 Ordinance No. 2001-09 Page 1 of 5 • ground coverage is not increased by more than 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new building lot or site is not created as a result of the conveyance; or 4) Any lot or property for which drainage fees have been fully paid previously. SECTION IV. FEE DEFERMENT. On lots greater than two acres in size, the property owner can defer the payment of the fee on the portion of the lot in excess of two acres that is not a required part of the pending development. The deferment of fee is conditional on the property owners granting, as collateral, the development rights to the Board of Supervisors for said area of deferred fee until such time as the fee is paid. SECTION V. BUILDING PERMITS. Except as permitted under Section III and IV, the Contra Costa County or the city official having jurisdiction shell not issue any building permit for construction within the drainage area until the required drainage fee has been paid. For initial construction the fee shall be as set for the in Section VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $704.00 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$.80 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. Ordinance No.2001-09 Page 2 of 5 SECTION VII. FEE SCHEDULE Measure Building Permit Subdivision Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00 Office (Medium) Acre 28,192.00 31,504.00 Office (Light) Acre 23,592.00 26,592.00 Multifamily residential (Including Mobile Home Parks) Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00 2,500 to 2,999" Unit 1,536.00 ' 1,536.00 3,000 to 3,999 " Unit 1,760.00 . 1,760.00 4,000 to 4,999 " Unit 2,048.00 2,048.00 5,000 to 5,999" Unit 2,344.00 2,344.00 6,000 to 6,999" Unit 2,632.00 2,632.00 7,000 to 7,999 " Unit 2,912.00 2,912.00 8,000 + " Unit 3,056.00 3,056.00 Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00 5,000 to 5,999" Unit 2,248.00 3,592.00 6,000 to 6,999" Unit 2,344.00 3,736.00 7,000 to 7,999 " Unit 2,440.00 3,880.00 8,000 to 9,999 " Unit 2,584.00 4,088.00 10,000 to 13,999" Unit 2,872.00 4,504.00 14,000 to 19,999 " Unit 3,352.00 5,184.00 20,000 to 29,999 " Unit 4,144.00 6,216.00 30,000 to 39,999" Unit 5,144.00 7,424.00 40,000+"" Unit 6,168.00 8,553.00 Agricultural: Under 10% of lot impervious Exempt More than 10%of lot im ervious Acre 123,592.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or(2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under "Single Family Residential" shall apply to lots containing only one dwelling unit. Ordinance No. 2001-09 Page 3 of 5 For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.74 of each $0.80 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining $0.06 of each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan. 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 part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. 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. 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. Ordinance No. 200109 Page 4 of 5 SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the a newspaper published in this area. Ledger Dispatch May 08 , 2001 PASSED AND ADOPTED ON , by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier , Glover, Uilkema NOES: None ABSENT: None ABSTAIN : None ..GG Chair of the Board Gayle B. Uilkema ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator May 08 , 2001 By: /ep Deputy Ordinance No. 2001-09 Page 5 of 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on May 08, 2001 , by the following vote: AYES: Supervisors Gioia, Gerber, DeSaulnier, Glover, Uilkema NOES: None ABSENT: None ABSTAIN: None 2001/ 18 6 RESOLUTION NO. .- SUBJECT: Amendment No. 2 of Drainage Area 52C, Adopted Plan, Repeal of Drainage Fee Ordinance No. 90-39, and Adopting of a New Drainage Fee Ordinance for Drainage Area 52C, Brentwood Area. Project No. 7571-6138203-01 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: On March 27, 2001, the Board adopted a Resolution proposing to amend the adopted plan for Drainage Area 52C, and to repeal the existing drainage .fee ordnance and to adopt a new drainage fee ordinance for the drainage area. On May 8, 2001, pursuant to the Board's Resolution of March 27, 2001, this Board held a hearing to consider the amendment of said drainage area plan, the repeal of the existing drainage fee ordinance No. 90-39, and the adoption of a new drainage fee ordinance. All written and oral objections presented concerning the proposed amendment of said drainage area plan, the repeal of drainage fee ordinance No. 90-39, and adoption of a new drainage fee ordinance were considered. This Board FINDS that any valid written protests filed do not represent more than one-half of the assessed valuation of real property contained in the proposed drainage area. This Board also FINDS that no written petition for an election, signed by at least 25 percent of the registered voters within the proposed drainage area has been filed. It appears from the affidavits of publication on file with this Board that all notices required to be given for such a hearing have been 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. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage area. The Board hereby CERTIFIES that the Environmental Exemption CDD-CP#00-19, submitted to it by the Community Development Department as to the environmental impact of the proposed plan amendment for said drainage area, the repeal of drainage fee ordinance 90-39, and the adoption of a new drainage fee ordinance has been completed in compliance with the California Environmental Quality Act, and it has been reviewed and the continents, responses, and the information contained therein considered. The Board hereby also FINDS that good cause exists for the amendment of the adopted plan for aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 52C Plan Amendment No. 2 be ESTABLISHED, consisting of the real property described in the Exhibit"A" attached hereto. The drainage plan, as shown on the map entitled, "Drainage Area 52C Boundary Map and Drainage Plan Amendment No. 2,"dated March 2001, proposed to be instituted for the drainage area and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California is hereby INSTITUTED. The Board hereby REPEALS Ordinance No. 90-39 and ENACTS Ordinance No.2001=09 establishing drainage fees in said drainage area. The Board FINDS, pursuant to Government Code Section 66001 (a) as follows: The purpose of the fees described in this resolution is to generate monies to finance the construction of drainage improvements within the drainage area. The fees will be used to finance the drainage improvements listed in the Engineer's Report and the Drainage Plan, entitled "Drainage Area 52C Boundary Map and Drainage Plan Amendment No. 2" dated March 2001, which report and plans are on file with the Clerk of the Board. As discussed in more detail in said report and in the "Report on Impervious surface Drainage Fee Ordinance," dated January 5, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and drainage within the drainage area, thus creating a need to constrict improvements. Use of the fees paid by each type, of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for this project. I hereby certify that this is a tnte and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 8 2001 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By Deputy G:\GrpData\FldCtl\Administration\Board Orders\2000 BO\Reso Amend#2-DA 52C.doe Orig Dept: Public Works(Flood Control) Contact: Kevin Emigh(313-2233) c: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Colicctor County Auditor-Controller PW Accounting—F.Scudero Eng.Services Building Industry Association Eastern Division P.O. Box 5160 San Ramon,CA 94583 RESOLUTION NO. 2001/186 l Contra Costa County Flood Control & Water Conservation District Drainage Area 52C-Boundary Description Exhibit "A" Real property in the City of Brentwood and in an unincorporated area of Contra Costa County, California, being a portion of the Town of Brentwood shown on the "Map of Brentwood" filed September 1, 1881 in Book A of Maps at page 11, a portion of"Subdivision Number Three of Brentwood Irrigated .Farms" filed September 11, 1917 in .Book 16 of Maps at page 324, a portion of"Subdivision Number Four of Brentwood Irrigated Farms" filed September 11, 1917 in Book 16 of Maps at page 325, a portion of "Subdivision Number Five of Brentwood Irrigated Farms, Amended" filed August 4, 1920 in Book 17 of Maps at page 372, a portion of Rancho Los Meganos, and portions of Sections 6 and 7, Township 1 North, Range 3 East, Mount Diablo Meridian, described as follows: Beginning on the centerline of Brentwood Boulevard (State Highway Route 4, formerly Liberty Link Highway) at Marsh Creek Channel control line, 64.16 feet northeasterly of"POINT 2G" designated in the deed to Contra Costa County Flood Control and Water Conservation District recorded January 6, 1965 in Volume 4777 of Official Records at page 508; thence from the Point of Beginning along the centerline of said highway, southerly 4,700 feet, more or less, to (lie northwest prolongation of the southwest line that parcel of land described in the deed to Homer L. Beasley et al. recorded December 1, 1972 in Volume 6812 of Official Records at page 304; thence along said prolongation, southwest lute, and southeast prolongation thereof, south 35°37' east 1,030 feet, to the east corner of that parcel of land described in the deed to Renwick P. Russell et ux. recorded December 4, 1975 in Volume 7702 of Official Records at page 254; thence along the southeast line of said Russell parcel and southwest prolongation thereof, south 54°23'west 713 feet, to the east right of way line of Second Street; thence along said east line in a general southerly direction 166 feet to the northeast right of way line thereof, thence along said northeast line, south 35°37' east 725 feet, to the northwest right of way line of Dainty Avenue (formerly Maple Street); thence along said northwest line, north 54°23' east 400 feet, to the northeast right of way line of Third Street;thence along said northeast line, south 35°37'east 560 feet, to the southeast right of way line of Oak Street shown on the "Map of Brentwood" (A M 11); thence along said southeast line, south 54023' west 1,050 feet, to the southwest line of the 20 feet wide alley crossing "Block D" shown on the"Map of Brentwood" (A M 11); thence along said southwest line, south 35°37' east 400 feet, to the northwest right of way line of Chestnut Street; thence along said northwest line and southwest prolongation thereof, south 54°23' west 235 feet, to the southwest right of way line of Railroad Avenue; thence along said southwest line, north 24019' west 24.27 feet and north 35°37' west 456 feet, to the northwest right of way line of Oak Street; thence along said northwest line, south 54°23'west 75 feet, to the southwest line of"Parcel B" shown on the map filed December 7, 1970 in Book 14 of Parcel Maps at page 50; thence along said southwest line and the northwest prolongation thereof,north 35°37' west 400 feet,to the southeast right of way line of Dainty Avenue; thence along said southeast line, south 54°23' west 225 feet, to the northeast right of way line of 1 Walnut Boulevard on the boundary of"Contra Costa County Flood Control and Water Conservation District Drainage Area 52A" established July 25, 1978 by Contra Costa County Board of Supervisors Resolution No. 78/737 and described in Exhibit "A" attached thereto; thence along said drainage area boundary in a general southerly direction 6,360 feet, to the north right of way line of the "Main Canal" shown on "Subdivision Number Three of Brentwood Irrigated Farms" (16 M 324); thence along said north line, north 89°55' east 7,500 feet, more or less, to the centerline of Sellers Avenue; thence along said centerline,northerly 5,313 feet, more or less, to the east prolongation of the north right of way line of Chestnut Street, formerly Brentwood Road (Road No. 2); thence along said prolongation and north line, south 89° 09' west 1,743.2 feet, to the southeast corner of Lot 163, "Subdivision Number Four of Brentwood Irrigated Farms"(16 M 325); thence north 00' 0 F east 2,615.1 .feet to the northeast corner of Lot 147 of said subdivision (16 M 325), being also a point on the south line of Section 7 (TIN, R3E), distant 1,743.2 feet westerly of the granite monument at the southeast section corner; thence along the north line of said Lot 147, south 89° 15' west 113.8 feet, to the southeast corner of that parcel of land described in the Decree of Settlement of Final Account and of Final Distribution to Margaret Hyde Bonnickson recorded November 7, 1978 in Volume 9094 of Official Records at page 77; thence north 1,320 feet to the northeast corner of said Bonnickson parcel on the south line of that parcel of land described in the deed to Peter A. Stolich et ux. recorded March 21, 1969 in Volume 5837 of Official Records at page 291; thence along the boundary of said Stolich parcel, north 89' 50' east 50 feet and north 00' 29' east 3, 951.2 feet, to the centerline of Sunset Road and north line of Section 7 (TIN, R3E) distant 1,845.5 feet westerly of the northeast section corner; thence along said north line north 89' 58' 23" east 516.6 feet, to the south quarter corner of the southeast quarter of Section 6(TIN, R3E) which bears south 89°58'23" west 1,328.81 feet from the southeast corner of Section 6 shown as the centerline intersection of Sunset Road and Sellers Avenue on the map of Subdivision MS 175-69 filed February 20, 1970 in Book 11 of Parcel Maps at page 49; thence north 1°25'30" east 1,329.26 feet to the northwest corner of Subdivision MS 175-69, also being the southwest corner of Subdivision MS 47-88 filed September 20, 1989 in Book 142 of Parcel Maps at page 21; thence along the west line of Subdivision MS 47-88, north 0°35'45" east 1,314.38 feet, to the northwest corner thereof, also being the southwest corner of Subdivision MS 16-79 filed January 10, 1980 in Book 83 of Parcel Maps at page 41; thence along the west line of Subdivision MS 16-79, north 1°00'12" east 435.13 feet, to the northeast corner of that parcel of land described in the deed to the City of Brentwood recorded November 30, 1990 in Volume 16274 of Official Records at page 402; thence along the north line of said city parcel,north 88°59'48" west 422.21 feet, to the northwest corner thereof on the east right of way line of Marsh Creek Channel; thence westerly 78 feet, more or less, to "POINT 1P" on Marsh Creek Channel control line described in said deed to Contra Costa County Flood Control and Water Conservation District (4777 O.R. 508); thence along said control line in a general southwesterly direction 5,745.76 feet to the centerline of Brentwood Boulevard, the Point of Beginning. LH:jlg \\PWS4\SI-IIRDATA\GrpData\Clerical\EXIIIBITS\2001\DA52C Boundary.doc 3114101 2 ,51 PROOF OF PUBLICATION (2015.5 C.C.P.) LEGAL NOTICE Contra Costa County Flood Control And Water STATE OF CALIFORNIA Conservation.District County of Contra Costa NOTICE OF PUBLIC HEARING I am a citizen of the United States and a resident of the Count aforesaid; I am over the age of eighteen ears, and The Board er supervisors County 9 9 Y as the Governing Body of not a party to or interested in the above-entitled matter. FooContra tro Costs wale Conservation District, has I am the Principal Legal Clerk of the Ledger Dispatch and set 9:00 a.m. on May 8, Brentwood News. Newspapers of general circulation, printed 2001,Administration Build- ing,651 Pine Street,Marti- and published at 2640 Shadelands Drive in the City of nez, California 94553, as Walnut Creek,County of Contra Costa,94598. the time and place for a hearing on an amendment to the existing .Drainage And which newspaper has been adjudged a newspaper of Plan and the repeal of inaFee general circulation by the Superior Court of the County of No 90-39 and the dioption Contra Costa, State of California, under the date of March of a new drainage fee ordl- 26, 1870. Case Number 746370. Hance for DrainageArea 52C under the provisions of the Flood Control District The notice, of which the annexed is a printed copy (set in Act. type not smaller than nonpareil), has been published in each The proposed amendment regular and entire issue of said newspaper and not in any of the existing drainage plan will modify the bound- supplement thereof on the following dates,to-wit: a. of the cxi�tin Drainage Area and modi sizes of some storm rain lines April 13,20 within Drainage Area 52C. all in the year Of 2001 The new drainage fee ordi- y nance will increase the fee from $0.35 to $0.80 per I certify (or declare) under penalty of perjury that the square foot of Impervious area In order to finance the foregoing IS true and correct. completion of the drainage facilities shown in the pro- Ex ted at Walnut Creek,California. pro- posed costs to and O t s20 da of ril, 2001 rent prices. The proposed drainage fee ...... ,,, „ „ , ,,,,, ,,, ordinance engineers re- ature port, and the proposed drainage plan are on file and available for Ins ction pe Ledger renw S Led Dispatch and Btat the Flood Control District 9 Office, 255 Glacier Drive, P O Box 2299 Martinez,California,94553, Antioch,CA 94531-2299 or at the office of the Cleric (925)757-2525 of the Board of Supervisors. At the public hearin , the writ- Proof Of Publication Of: Board will consider aR writ- ten and oral comments on (attached is a copy of the legal advertisement that published) the proposed action, and either approve the pro- posed action,continue the proceedings, or abandon the proposed action. Published in .accordance with Resolution No. 2001/133 passed on March 27,2001. , Legal BNB.4643 Publish:April 13,20,2001 • CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Board of Supervisors Hearing on May 8, 2001 at 9:00 a.m. for Amendment No. 2 to the Adopted Plan and Boundary Map for Drainage Area 52C and Fee Ordinance Amendment. Documents Include: Resolution of Meeting Notice Legal Notice Engineer's Report Appendix A Cost Estimate Exhibit A Boundary Description Exhibit B Proposed Ordinance Proposed Plan Environmental Documents Draft Resolution for Recommended Action Contact Person: Dean Eckerson (925) 313-2271 J THE BOARD OF SUPERVISORS OF CONTRA COSTA AUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on March 27, 2001 by the following vote: AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER, AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2001/133 SUBJECT: Notification of Hearing to Consider Amendment No. 2 of Drainage Area 52C adopted plan and the Repeal of Drainage Fee Ordinance No. 90-39, and Adoption of a new Drainage Fee Ordinance for Drainage Area 52C, Brentwood Area, Project No. 7571-6D8203-01 The Board of Supervisors of Contra Costa County, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT; The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as "Act," provides authority for said Governing Body to establish drainage areas, institute drainage plans therefor, and adopt drainage fee ordinances. This Board has before it for consideration the proposed amendment of the boundary of Drainage Area 52C consisting of that real property described in Exhibit "A", attached hereto and incorporated herein by reference. This Board also has before it the Engineer's Report, Drainage Plan, entitled "Drainage Area 52C Boundary Map and Drainage Plan, Amendment No. 2", dated March 2001, proposed to be instituted for Drainage Area 52C and the Determination of Exemption. Said documents, which show the general location of said drainage area and provide an estimate of the cost of the facilities to be borne by property in the drainage area, are on file with , and may be examined at the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. A proposed drainage fee ordinance providing for all or partial payment of the facilities described in said drainage plan, is attached hereto and marked Exhibit"B". It is proposed that Drainage Area 52C Plan be amended, and the attached drainage fee ordinance be adopted. At 9:00 a.m. on May 8, 2001 in the Chambers of the Board of Supervisors, Administration Building,Martinez, California, this Board will conduct a public hearing on the proposed amendment of the adopted plan for said drainage area,the adoption of the attached drainage fee ordinance and the institution of the amended drainage plan for the said Drainage Area. At said hearing, this Board will consider and act upon the Determination of Exemption and will hear and pass upon any and all written or oral objections to the amendment of Drainage Area 52C plan, the institution of the amended drainage plan therefor and the adoption of the proposed drainage fee ordinance for Drainage Area 52C. Upon conclusion of the hearing, the Board may abandon the proposed actions, or proceed with the same. The Clerk of this Board is DIRECTED to publish a Notice of Hearing,pursuant to Government Code 6066,once a week for two (2) successive weeks prior to the hearing in the Brentwood News, a newspaper of general circulation, circulated in the area of said Drainage Area. Publication shall be completed at least seven (7) days before said hearing and said notice shall be given for a period of not less than twenty (20) days. SUBJECT: Notification of to Consider Amendment No.Rof Drainage Area 52C adopted plan and the Repeal of Drainage Fee Ordinance No. 90-39, and Adoption of a new Drainage Fee Ordinance for Drainage Area 52C, Brentwood Area, Project No. 7571-6D8203-01 DATE: March 27, 2001 PAGE: 2 The exterior boundaries of the proposed drainage area include lands within the City of Brentwood. 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 Section 54986 (a) and 54992 (1). Said mailing shall be performed at least fourteen (14)days prior to the hearing. I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 27, 2001 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By Deputy MKJlg G:\GrpData\F1dCtl\Administration\13oard Ordcrs\2001 BO\Reso Amend 2-DA52C..doc Orig.Dept.: Public Works(Flood Control) Contact Person: Kevin Emigh(313-2233) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer—Tax Collector Auditor/Controller PW-Accounting—F.Scudero T.Torres,Env. City of Brentwood,Mr.John Stevens Building Industry Association P.O.Box 5160 San Ramon,CA 94583 Ralph Garrow&Cardinale P.O.Box 367 Antioch,CA 94509 Building lndustry Association Eastern Division 1280 Blvd.Way,#211 Walnut Creek,CA 94596 David Lennon I Ioffman Company P.O.Box 907 Concord,CA 94522 Steve Millar Warmington Homes 3160 Crow Canyon Place,Ste 200 San Ramon,CA 94583 RESOLUTION NO. 2001/133 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 9:00 a.m. on May 8, 2001, Administration Building, 651 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. 90-39 and the adoption of a new drainage fee ordinance for Drainage Area 52C under the provisions of the Flood Control District Act. The proposed amendment of the existing drainage plan will modify the boundary of the existing Drainage Area and modify sizes of some storm drain lines within Drainage Area 52C. The new drainage fee ordinance will increase the fee from $0.35 to $0.80 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. 2001 / 133 passed on March 27, 2001. Publish April 13 , 2001 and April 20 , 2001 . G:\GrpData\FIdCU\Administration\DA 52C Package.doc 1 CON'T'RA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ENGINEER'S REPORT FOR UPDATING DRAINAGE FEE ORDINANCE AND PLAN AMENDMENT No. 2 FOR DRAINAGE AREA 52C Prepared by Kevin Emigh Contra Costa Flood Control District 255 Glacier Drive Martinez, California 94553 March, 2001 Resolution2001 / 133 Engineer's Report Drainage Area 52C March, 2001 Page 1 I RECOMMENDATION It is recommended that: A. The existing Drainage Fee Ordinance (No. 90-39) for Drainage Area 52C be repealed. B. A new drainage fee ordinance, updated to reflect the cost of the Drainage Area 52C Improvements and a three-eighths contribution to the Marsh Creek Improvements, be adopted in the amount of$0.80 per square foot of impervious area. C. Adopt a new drainage plan (Plan Amendment No. 2) reflecting the relocation and amendment of some of the drainage lines and detention basins and modifying the Drainage Area Boundary. II DRAINAGE AREA LOCATION AND DESCRIPTION Drainage Area 52C is located in eastern Contra Costa County in the Brentwood Area. It is generally south of Marsh Creek and east of State Route 4. A more specific location is shown on Contra Costa County Flood Control and Water Conservation District drawing FD-13077. The Drainage Area lies within the City limits of Brentwood. Drainage Area 52C encompasses approximately 1500 acres. The terrain is very level. One-third of the drainage area has already been developed. The remainder is currently being planned for development. Most of the drainage area is designated for single family residential development. Commercial and high-density residential areas are designated along State Route 4 and the railroad right of way. Liberty High School and half of the downtown area are also within the drainage area. Resolution2001. / 133 • • Engineer's Report Drainage Area 52C March, 2001 Page 2 III REASONS FOR CHANGE IN PLAN AND DRAINAGE FEE The change in fee amount is due to several factors. The plan itself is being amended to reflect changes in the City General Plan that have occurred subsequent to the last plan amendment. This included changes in development density, as well as expansion of infrastructure at both the southerly and northerly portions on the Drainage Area boundary to accommodate properties within the urban limit line and within the City of Brentwood which otherwise would be without drainage facilities. In addition, future road extensions and provisions for school and parklands within portions of the drainage area required relocation of some storm drain lines and detention basins to conform to the new general plans. Much development has already occurred in the southerly portion of the drainage area. The plan revision accounts for the "as-built" storm drain system, rather than the schematic system on the currently adopted plan. The fee changes are necessary to account for not only the physical amendments to the facilities included within the drainage plan, but also for inflation which has occurred in the ten years since the previous fee amendment. The basis for 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 Clerk of the Board of Supervisors. The proposed fee for Drainage Area 52C is $0.88 per square foot of impervious surface. This fee includes a $0.06 per square foot of impervious surface contribution to Marsh Creek Regional Improvements. Resolution 2001 / 133 Engineer's Report Drainage Area 52C March, 2001 Page 3 IV FEE COLLECTION AND REIMBURSEMENT The total fee of $0.80 per square foot of impervious surface created will be collected at one time and $0.74 will be deposited in the Drainage Area 52C Fund. Improvements that are part of the Drainage Area 52C plan will be eligible for credit and reimbursement from the Drainage Area 52C Fund. The balance $0.06 per square foot of impervious surface credited will be deposited into Flood Control Zone 1 for improvements to the Marsh Creek System. V COST ESTIMATE A detailed engineer's estimate is attached as Appendix "A". The cost estimate is based on year 2001 prices. The total cost of improvements and necessary rights-of-way is $9,500,000. VI UPDATING THE EXISTING FEE The existing drainage fee ordinance (No. 90-39) specifies a fee of$0.35 per square foot of impervious area. The new fee of$0.74 was determined by dividing the total project costs of$9,500,000 by the estimated remaining impervious surfaces to be created in the watershed, 12,800,000 square feet, and adding $0.06 for the Marsh Creek system. VII 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. Resolution 2001 / 133 Engineer's Report Drainage Area 52C March, 2001 Page 4 VIII CALIFORNIA ENVIRONMENTAL QUALITY ACT The proposed action of amending the plan for Drainage Area 52C and adopting a new drainage fee ordinance does not constitute a project under California Environmental Quality Act pursuant to Article 5, Section 15061(b)(3)of the Act's guidelines and these activities are not a project as defined in Section 20, 15378(b)(4) of the CEQA Guidelines. G:\GrpDatalFldCU\Administration\DA 52C Package.doc Resolution 2001 / 133 APPENDIX A Cost Estimate Resolution 2001 / 133 APPENDIX A - DRAINAGE AREA 52C COST ESTIMATE Item Units Quantity $!Unit Amount Amount Construction Costs Basin #1 Landscaping Acre 12 $6,000.00 $72,000.00 Subtotal Basin#1 Construction $72,000.00 Basin #2 Excavation CY 100000 $2.50 $250,000.00 Erosion Control Acre 6 $2,500.00 $15,000.00 Service Road SF 2400 $3.00 $7,200.00 Fencing LF 2050 $10.00 $20,500.00 Landscaping Acre 6 $6,000.00 $36,000.00 Subtotal Basin#1 Construction $328,700.00 Basin#3 Excavation CY 58000 $2.50 $145,000.00 Erosion Control Acre 4.1 $2,500.00 $10,250.00 Service Road SF 2400 $3.00 $7,200.00 Fencing LF 1700 $10.00 $17,000.00 Landscaping Acre 4.1 $6,000.00 $24,600.00 Subtotal Basin#1 Construction $204,050.00 Basin#4 Excavation CY 75300 $2.50 $188,250.00 Erosion Control Acre 5.2 $2,500.00 $13,000.00 Service Road SF 2400 $3.00 $7,200.00 ; Fencing LF 2100 $10.00 $21,000.00 Landscaping Acre 5.2 $6,000.00 $31,200.00 Subtotal Basin#1 Construction $260,650.00 Basin Control Systems 12" Reinforced-Concrete-Pi LF 600 $60.00 $36,000.00 4" Reinforced-Concrete-Pi LF 400 $80.00 $32,000.00 Type 3 Manhole Each 10 $7,000.00 $70,000.00 Type U Headwall w/Trash Rack Each 4 $15,000.00 $60,000.00 Basin Monitering Equipment Each 4 $10,000.00 $40,000.00 Subtotal Basin Control Systems $238,000.00 Main Drainage System 49'Reinforced-Concrete-Pipe LF 2290 $180.00 $412,200.00 4"Jacked Reinforced-Concrete-Pipe LF 360 $500.00 $180,000.00 "Reinforced-Concrete-Pipe LF 9220 $140.00 $1,290,800.00 Type 3 Manhole Each 2 $8,000.00 $16,000.00 ype 4 Manhole Each 29 $3,500.00 $101,500.00 $0.00 Subtotal Main Drainage System $2,000,500.00 Collector System 0"Concrete-Pipe LF 670 $67.00 $44,890.00 W'Concrete-Pipe LF 4070 $75.00 $305,250.00 2"Concrete-Pi LF 3110 $92.00 $286,120.00 "Concrete-Pi LF 3650 $100.00 $365,000.00 54!'Concrete-Pipe LF 1760 $110.00 $193,600.00 69'Concrete-Pipe LF 1550 $125.00 $193,750.00 2"Concrete-Pipe LF 60 $150.00 $9,000.00 APPENDIX A - DRAINAGE AREA 52C COST ESTIMATE(continued) Acre Acre Acre Acre Acre Acne Type 2 Manhole Each 2 $3,500.00 $7,000.00 Type 3 Manhole Each 5 $5,000.00 $25,000.00 Type 4 Manhole Each 57 $3,500.00 $199,500.00 Type 5 Manhole Each 0 $9,000.00 $0.00 Type U Headwall Each 6 $8,000.00 $48,000.00 B-50 Outfall Each 0 $5,000.00 $0.00 Subtotal Collector System $1,677,110.00 Subtotal Construction $4,781,010.00 Construction Contingency 15% $717,151.50 Total Construction $5,498,161.50 Rights-of-Way Basin#1 Acre 12 $0.00 $0.00 Basin#2 Acre 6 $100,000.00 $600,000.00 Basin#3 Acre 4.1 $100,000.00 $410,000.00 Basin#4 Acre 5.2 $100,000.00 $520,000.00 Main Drain RMI SF 11900 $0.80 $9,520.00 Collector System R/W SF 36000 $2.00 $72,000.00 Subtotal R/W Cost $1,611,520.00 RMI Contingency 10% $161,152.00 Total RNV $1,772,672.06 - Administration and Other Costs Developer Inspection Fee 5% $274,908.08 Developer En r. &Misc. Costs 10% $549,816.15 Utility Reallocations 3% $164,944.85 RMI Labor 10% $177,267.20 FCD En r./Admin. 15% $824,724.23 Outstanding Reimbursement-Credits $400,000.00 Total Admin, En r,&Other 52,391,660.50 TOTAL ESTIMATED COST $9,662,494.00 Less Funds on Hand $200,000.00 NET COSTS TO BE FUNDED BY FEE $9,462,494.00 Per Square Foot Fee Based on 12,800,000 Square feet remaining $0.74 Marsh Creek Regional $0.06 Total Fee per Square Foot $0.80 Contra Costa County Flood Control & Water Conservation District Drainage Area 52C-Boundary Description Exhibit "A" Real property in the City of Brentwood and in an unincorporated area of Contra Costa County, California, being a portion of the Town of Brentwood shown on the "Map of Brentwood" tiled September 1, 1881 in Book A of Maps at page 11, a portion of"Subdivision Number Three of Brentwood Irrigated Farms" filed September 11, 1917 in Book 16 of Maps at page 324, a portion of"Subdivision Number Four of Brentwood Irrigated Farms" filed September 11, 1917 in Book 16 of Maps at page 325, a portion of "Subdivision Number Five of Brentwood Irrigated Farms, Amended" filed August 4, 1920 in Book 17 of Maps at page 372, a portion of Rancho Los Meganos, and portions of Sections 6 and 7, Township 1 North, Range 3 East, Mount Diablo Meridian, described as follows: Beginning on the centerline of Brentwood Boulevard (State Highway Route 4, formerly Liberty Link Highway) at Marsh Creek Channel control line, 64.16 feet northeasterly of"POINT 2G" designated in the deed to Contra Costa County Flood Control and Water Conservation District recorded January 6, 1965 in Volume 4777 of Official Records at page 508; thence from the Point of Beginning along the centerline of said highway, southerly 4,700 feet, more or less, to the northwest prolongation of the southwest line that parcel of land described in the deed to Homer L. Beasley et al. recorded December 1, 1972 in Volume 6812 of Official Records at page 304; thence along said prolongation, southwest line, and southeast prolongation thereof, south 35°37' east 1,030. feet, to the east corner of that parcel of land described in the deed to Renwick P. Russell et ux. recorded December 4, 1975 in Volume 7702 of Official Records at page 254; thence along the southeast line of said Russell parcel and southwest prolongation thereof, south 54°23'west 713 feet, to the east right of way line of Second Street; thence along said east line in a general southerly direction 166 feet to the northeast right of way line thereof; thence along said northeast line, south 35°37'east 725 feet, to the northwest right of way line of Dainty Avenue (formerly Maple Street); thence along said northwest line, north 54°23' east 400 feet, to the northeast right of way line of Third Street;thence along said northeast line, south 35°37'east 560 feet,to the southeast right of way line of Oak Street shown on the "Map of Brentwood" (A M 11); thence along said southeast line, south 54023' west 1,050 feet, to the southwest line of the 20 feet wide alley crossing "Block D" shown on the"Map of Brentwood" (A M 11); thence along said southwest line, south 35°37'east 400 feet, to the northwest right of way line of Chestnut Street; thence along said northwest line and southwest prolongation thereof, south 54°23' west 235 feet, to the southwest right of way line of Railroad Avenue; thence along said southwest line, north 24°19' west 24.27 feet and north 35037' west 456 feet, to the northwest right of way line of Oak Street; thence along said northwest line, south 54°23' west 75 feet,to the southwest line of"Parcel B" shown on the map filed December 7, 1970 in Book 14 of Parcel Maps at page 50; thence along said southwest line and the northwest prolongation thereof,north 35°37'west 400 feet,to the southeast right of way line of Dainty Avenue; thence along said southeast line, south 54°23' west 225 feet, to the northeast right of way line of 1 Walnut Boulevard on the boundary of"Contra Costa County Flood Control and Water Conservation District Drainage Area 52A" established July 25, 1978 by Contra Costa County Board of Supervisors Resolution No. 78/737 and described in Exhibit "A" attached thereto; thence along said drainage area boundary in a general southerly direction 6,360 feet, to the north right of way line of the "Main Canal" shown on "Subdivision Number Three of Brentwood Irrigated Farms" (16 M 324); thence along said north line, north 89°55' east 7,500 feet, more or less, to the centerline of Sellers Avenue; thence along said centerline, northerly 5,313 feet, more or less, to the east prolongation of the north right of way line of Chestnut Street, formerly Brentwood Road (Road No. 2); thence along said prolongation and north line, south 89° 09' west 1,743.2 feet, to the southeast corner of Lot 163, "Subdivision Number Four of Brentwood Irrigated Farms" (16 M 325); thence north 00' 01' east 2,615.1 feet to the northeast corner of Lot 147 of said subdivision(16 M 325),being also a point on the south line of Section 7 (TIN, R3E), distant 1,743.2 feet westerly of the granite monument at the southeast section corner; thence along the north line of said Lot 147, south 89' 15' west 113.8 feet, to the southeast corner of that parcel of land described in the Decree of Settlement of Final Account and of Final Distribution to Margaret Hyde Bonnickson recorded November 7, 1978 in Volume 9094 of Official Records at page 77; thence north 1,320 feet to the northeast corner of said Bonnickson parcel on the south line of that parcel of land described in the deed to Peter A. Stolich et ux. recorded March 21, 1969 in Volume 5837 of Official Records at page 291; thence along the boundary of said Stolich parcel, north 89° 50' east 50 feet and north 00° 29' east 3, 951.2 feet, to the centerline of Sunset Road and north line of Section 7 (TIN, R3E) distant 1,845.5 feet westerly of the northeast section corner; thence along said north line north 89' 58' 23" east 516.6 feet, to the south quarter corner of the southeast quarter of Section 6 (TIN,R3E) which bears south 89°58'23" west 1,328.81 feet from the southeast corner of Section 6 shown as the centerline intersection of Sunset Road and Sellers Avenue on the map of Subdivision MS 175-69 filed February 20, 1970 in Book 11 of Parcel Maps at page 49; thence north 1°25'30" east 1,329.26 feet to the northwest corner of Subdivision MS 175-69, also being the southwest corner of Subdivision MS 47-88 filed September 20, 1989 in Book 142 of Parcel Maps at page 21; thence along the west line of Subdivision MS 47-88, north 0°35'45" east 1,314.38 feet, to the northwest corner thereof, also being the southwest corner of Subdivision MS 16-79 filed January 10, 1980 in Book 83 of Parcel Maps at page 41;thence along the west line of Subdivision MS 16-79, north 1°00'12 east 435.13 feet, to the northeast comer of that parcel of land described in the deed to the City of Brentwood recorded November 30, 1990 in Volume 16274 of Official Records at page 402; thence along the north line of said city parcel,north 88°59'48" west 422.21 feet, to the northwest corner thereof on the east right of way line of Marsh Creek Channel; thence westerly 78 feet, more or less, to "POINT 1P" on Marsh Creek Channel control line described in said deed to Contra Costa County Flood Control and Water Conservation District (4777 O.R. 508); thence along said control line in a general southwesterly direction 5,745.76 feet to the centerline of Brentwood Boulevard, the Point of Beginning. LH.jlg \\PWS4\SHARDATA\GrpData\Clerical\EXHIBITS\2001\DA52C Boundary.doc 3/14/01 2 Exhibit B ORDINANCE NO. 01 - 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 52C 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 "Drainage Area 52C, Boundary Map and Drainage Plan, Amendment No. 2," dated March 2001, on file with the Clerk of the Board of Supervisors, is adopted as the drainage plan for the Contra Costa County Flood Control and Water Conservation District Drainage Area 52C 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 of the Water Code.) 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 100 square feet; 3) To convey land to a government agency, public entity, public utility, or abutting property owner where a new Ordinance No. Page 1 of 5 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 VII. For single family residential swimming pools on lots for which the drainage fee has not been paid, the fee shall be $704.00 per pool. For other construction, modifications or replacements to an existing facility that cause an increase in impervious surface, including, but not limited to, driveways, walks patios, etc., the amount of net increase in impervious surface shall be subject to a fee of$.80 per square foot, but not to exceed the amount required under Section VII. SECTION VI SUBDIVISIONS. Except as permitted under Sections III and IV, the subdivider shall pay the drainage fee on the entire proposed subdivision or on each individual unit for which a final or parcel map is filed prior to recordation of said map. Town house, condominium, and cluster housing type subdivisions creating individual lots less than 4,000 square feet shall be treated as multifamily residential and the lot size used in determining the "square feet of land per unit" shall be the lot size prior to subdividing. Except as noted above, the fee for all other subdivisions shall be calculated on an individual lot basis. The fee amount shall be as set forth in Section VII. Ordinance No. Page 2 of 5 SECTION VIL FEE SCHEDULE Measure Building Permit Subdivision Commercial/Industrial/Downtown office Acre 32,896.00 35,336.00 Office (Medium) Acre 28,192.00 31,504.00 Office (Light) Acre 23,592.00 26,592.00 Multifamily residential (Including Mobile Home Parks) Less than 2,500 sq. ft of land per unit Acre 25,920.00 25,920.00 2,500 to 2,999 " Unit 1,536.00 1,536.00 3,000 to 3,999 ". . .. .. ..._. ...... _ _.... . ... .. ..... Unit. 1,760.00.. 1,760.00 4,000 to 4,999 " Unit 2,048.00 2,048.00 5,000 to 5,999 " Unit 2,344.00 2,344.00 6,000 to 6,999 " Unit 2,632.00 2,632.00 7,000 to 7,999 " Unit 2,912.00 2,912.00 8,000 + " Unit 3,056.00 3,056.00 Single Family Residential: 4,000 to 4,999 sq. ft. of land per unit Unit 2,152.00 3,448.00 5,000 to 5,999 " Unit 2,248.00 3,592.00 6,000 to 6,999 " Unit 2,344.00 3,736.00 7,000 to 7,999 " Unit 2,440.00 3,880.00 8,000 to 9,999 " Unit 2,584.00 4,088.00 10,000 to 13,999 " Unit 2,872.00 4,504.00 14,000 to 19,999" Unit 3,352.00 5,184.00 20,000 to 29,999" Unit 4,144.00 6,216.00 30,000 to 39,999" Unit 5,144.00 7,424.00 40,000+"" Unit 6,168.00 8,553.00 Agricultural: Under 10%of lot impervious Exempt More than 10% of lot impervious Acre 23,592.00 On single family lots, barns and sheds in excess of 400 square feet and tennis and sports courts shall not be considered as incidental residential facilities included in the above fee schedule. The drainage fee for the portion of these facilities in excess of 400 square feet shall be calculated using the square foot fee in Section V, and it shall be in addition to the above fee amounts. For the purpose of this ordinance, subject to Section VI, lot size shall be (1) for existing lots, that land shown on the latest equalized assessment roll as a lot; or (2) for new subdivision lots, that land shown on the final or parcel map as a lot. The fee amounts under"Single Family Residential" shall apply to lots containing only one dwelling unit. Ordinance No. Page 3 of 5 For multifamily residential (including mobile home parks) the "square feet of land per unit" shall be the quotient obtained by dividing the lot size in square feet by the number of dwelling units proposed to be on the lot. SECTION VIII. FEE PAYMENT. The official having jurisdiction may accept cash or check, or, when authorized by the District's Chief Engineer, other consideration such as actual construction of a part of the planned drainage facilities by the applicant or his principal. All fees collected hereunder shall be distributed into the appropriate accounts. $0.74 of each $0.80 collected will be deposited in the County Treasury to the account of the drainage facilities fund established for the drainage area. The remaining $0.06 of each $0.80 will be deposited into the Flood Control Zone 1 fund to be used for improvements in the Marsh Creek Regional Improvement Plan. 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 part, of planned drainage facilities within the drainage area, or the Marsh Creek Regional Improvement Plan. 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. SECTION X. REVIEW OF FEES. Project cost estimates shall be reviewed every year that this ordinance is in effect. The fee schedule shall be adjusted annually on January 1 to account for inflation using the Engineering News Record Construction Cost Index. Such adjustment shall not require further notice or public hearing. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective 60 days after passage, and within 15 days of passage shall be published once with the name of supervisors voting for and against it in the Brentwood News, a newspaper published in this area. Ordinance No. Page 4 of 6 PASSED AND ADOPTED ON , by the following vote: AYES: NOES: ABSENT: Chair of the Board ATTEST: John Sweeten Clerk of the Board of Supervisors and County Administrator By: Deputy Ordinance No. Page 5 of 5 2 iS W) !' 0 Q LU L LU u o- a W O w w w w w www -- - ---- - a LU a �o.aadaao. �` u h° �� O 5 r H uaauuc U �c�Q ¢ u ? 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L:222220222 .220 0 222 N 00 N h O yO1j 10 O 00 00 00 N l _— ____ ____ ____ p p �� a '' m ' I __ aaaaaauc�c�c�opoowwww J . ...... 00000 F U UNE HI . A UNE Il [[ i o Qw e , \ \ ` 3vi 7vOiz 1hlg UNE/l ✓s\\ \\\ i _ z �' .. Dennis M.Bary,AfCP Community J Contra \ . � Community Development Director Develblp ment Costa Department County County Administration Building 651 Pine Street 4th Floor,North Wing j Martinez,California 94553-0095 (925)335-1215 - ems April 28,2000 Phone: "JT.rou .J County File#CP 00-19 Attention: Earl Crosby —Engineering Services 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 CP# 00-19. In conformance with 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: (iii 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 ( ) A statement that an EIR is not required(Negative Declaration of Environmental Significance has been filed by the Community Development Department(unless appealed). ( ) 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. Ifyou have questions concerning this determination or desire additional information relative to environmental impact report regulations,please call(925)335-1213 and ask for Debbie Chamberlain. Sincerely yours Dennis M. Barry,AICP Community Development Director By: �eG�c. a�iry Office Hours Monday-Frday:8:00 a.m.-5:00 p.m. Office is dosed the 1 St.3rd&5th Fridays of each month DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO.:7571-6D8417 CP NO.: 00-19 ACTIVITY NAME: Drainage Area 52C-Amend Drainage Area Plan DATE: Monday, April 17, 2000 PREPARED BY: Earl Crosby 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: , To provide basic drainage infrastructure for the eastern portion of Brentwood, the Contra Costa County Flood Control and Water Conservation District has been coordinating efforts with the City of Brentwood to amend the current drainage plan boundary and fees for Drainage Area 52C that was adopted in 1982 (Figure 1,2). The proposed amendment expands the boundary of the southeast portion of the current zone plan to incorporate the Garin Ranch project(Figure 2). The fee adjustment will reflect the area of impervious surface created by new development projects. Also added are approximately 80 acres south of Balfour Road, and approximately 80 acres at the northeast comer of the zone to incorporate the balance of the City's park and sewage treatment facility. The total area to be added to the drainage area is less than 300 acres. None of the Drainage Area lies within Agricultural Core Areas(Figure 2). Both the current plan and proposed amendment call for the drainage system to be primarily an underground storm drain network with four,distinct detention basins to meter the outflow of runoff into Marsh Creek channel. The proposed amendment will realign, relocate facilities to accommodate the runoff and proposed street network anticipated due to the Brentwood General Plan 1993-2010. Developers as a condition of approval for their projects have installed most of the facilities south of Chestnut Street. Other facilities will be installed as development and need arises. The developers will address physical impacts of these facilities. Upon completion of the_proposed facilities,storm-water runoff will be impounded within the basins,and will flow into Marsh Creek during non-peak flow periods. • LOCATION: Drainage Area 52C . located in the east county area of Brentwood (Figure 1,2) REVIEWED BY: DATE: Cece Seligren Environmental Planner /J APPROVEDY: DATE: (/V o mu it evelopment Department G:\GrpData\EngSvc\ENVIRO\2000projects\CEQAonly\Determ. Exempt\CEQA Determin. DA52C.doc (Form Revised 2/97) A O 0 3 Z a? '` uj r = w Lo � ` 0 (� — cn •i t..... � o Ca z � � •o c W � � U tU J• • Lr) r s ; of•►`�`1\ \\t\ 4: n' • • `,ice I= � i �';\.r"^Ci' 'y'.`'t „�'�. IL ASIA - OR IR MIS ?• �'J`rn',•ttONf� ' .77 s,WR lips— ]]]11 +•' ��I► .►:�'� -. // /� f/// •/ �I/ as i''a• 1 -.• •L•+-�..•. ,`1 � � � ///. r /i '�`�• \.jr• . ►t�.r,-M.,;w.Is�.:'i �' w• vvvt�Qv • �,%`µi Mata iA .,n to`.�� ra•sa�' ueta/%�:•'~• � /% `����, set t.•fw*{ u t,� ,rtt ppe a,,t • �Yt , , . p�, ,,,. ,v�A: .,,.aa, aAsa > .•.• �. .� ��.'� rrf rur •,watt. tr• ..�,-.."' ,,,rr .r�C.N' tt ./, p q�... ► ,w „• ..p ,a i` l ra•• rrar! �a` +► �.• c a:'eaf. (rut.rq'•• •�'p+t G M►09 .,,f „/ rr.r•, N .. •v.vvv atrfll Lafr , •laftai •�„r•, .a'`�� � .i�� r'::�: •.:i•1��:.Iii,�.Na.�, t'� ',•,. �fOv��aa�e a���q�p�,,,/I 1 r s{'• �•'I•i{••• �moi••?. �' 1 r N\H��`�i r "I'1tfv fir•+ 1 .•'��� �r! ���•�il���r�•��i i ..• as aa..... • .• �Ii I,�a iR� �w�vvv a► ��*� ��>r'�i r�i,rr•1,j %vv^O�d vvvvv J vv:•.j ��i1�•'•i�r • i•(•i�Ii•r�• vvv vi Iivwv'vvvvvv avl_/%vA ► fes!�' • I•/• �...-"•'/' ♦ ��� �•;'���� nuprrlrr•• � rq�I!./•/ UNC t.• •�i,���+��.;��/�s �r„t �.--.''” It It ����wv�•M��.raG,,�\�f• �llt�••eai ',�,,••"'�� r COK-* COSTA COUNTY - • COMMUNITY DEVELOPMENT DEPARTMENT 651 Pine Street, N.Wing - 4th Floor Martinez, CA 94553 Telephone: 335-1210 Fax: 335-1222 TO: Development Engineer/Architect DATE: FROM: Patrick Roche, Advance Planning SUBJECT: MANDATORY REFERRAL FOR GENERAL PLAN CONFORMANCE Community Development staff has reviewed the attached project, CP 00- c to determine if mandatory referral for General Plan Conformance, as required by Section 65402 of the Government Code, is necessary. The project needs no further mandatory referral clearance from County staff subject to the following actions: ( ) This project has been determined to be exeMpt from 65402- review. ( ) This project has been determined to be exempt from 65402 review in accordance with the Board of Supervisors Resolution 81/522 because the project involves a road alignment project of a minor nature.. (� The project site is located within the City of and should be referred to the City for 65402 review. ( ) The project site is located within the City of Our Department does not review projects'for General Plan.Conformance (refer to Government Code Section 65402) that.are located within a City. ( 1 Community Development staff makes the following attached recommendation which should be incorporated into the staff report on this matter. The project needs mandatory referral and County staff will process.this project in the following manner: ( ) 65402 review is required. Community Development staff will carry this matter before the appropriate Planning Commission. ( ) 65402 review must be withheld until completion of an Environmental Impact Report on this project. ( ) Other procedures. oega.mr49Pc.99 • �y� RECEi� EAI SEP 7 �UUU ENV 1 CBnNTWGD 1RONME September 25, 2000 Ms. Cece Sellgren Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive Martinez, CA 94553-4897 Via FAX: (925)313-2333 Subject: #CP 00-19 - Drainage Area 52C-Amend Drainage Area Plan Dear Ms. Sellgren: The City has reviewed the proposed amendment to the Drainage Area Plan to expand the boundary of Drainage Area 52C. We have determined that this activity will help improve Brentwood storm drainage facilities and will facilitate infrastructure improvements needed to protect the health and safety within Brentwood. Consequently this activity is consistent with the City's General Plan. If you have any questions about this letter or require additional information, please contact me at (925) 516-5150. Sincerely, Winston Rhodes, AICP Senior Planner cc: Chron File Mike Leana, Chief of Planning Teresa Wooten, Senior Engineer wr:1letters%county%CCC0FCDA 52CLTR City Hall-708 Third Street,Brentwood,California 94513-1396 Phone:(925)516-5400 Fax:(925)516-5401 Public Works-161 Sycamore Avenue, Brentwood,California 94513-1396 Phone:(925)516-5498 Fax:(925)516-5497 Community Development- 104 Oak Street,Brentwood,California 94513-1396 Phone:(925)516-5405 Fax:(925)516-5407 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 00/ SUBJECT: Amendment No. 2 of Drainage Area 52C, Adopted Plan, Repeal of Drainage Fee Ordinance No. 90-39, and Adopting of a New Drainage Fee Ordinance for Drainage Area 52C, Brentwood Area. Project No. 7571-6D8203-01 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: On March 27, 2001, the Board adopted a Resolution proposing to amend the adopted plan for Drainage Area 52C, and to repeal the existing drainage fee ordnance and to adopt a new drainage fee ordinance for the drainage area. On May 8, 2001, pursuant to the Board's Resolution of March 27, 2001, this Board held a hearing to consider the amendment of said drainage area plan, the repeal of the existing drainage fee ordinance No. 90-39, and the adoption of a new drainage fee ordinance. All written and oral objections presented concerning the proposed amendment of said drainage area plan, the repeal of drainage fee ordinance No. 90-39, and adoption of a new drainage fee ordinance were considered. This Board FINDS that any valid written protests filed do not represent more than one-half of • the assessed valuation of real property contained in the proposed drainage area. This Board also FINDS that no written petition for an election, signed by at least 25 percent of the registered voters within the proposed drainage area has been filed. It appears from the affidavits of publication on file with this Board that all.notices required to be given for such a hearing have been 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. This Board has received no resolution or ordinance adopted by an affected city requesting the exclusion of territory from the proposed drainage area. The Board hereby CERTIFIES that the Environmental Exemption CDD-CP#00-19, submitted to it by the Community Development Department as to the environmental impact of the proposed plan amendment for said drainage area, the repeal of drainage fee ordinance 90-39, and the adoption of a new drainage fee ordinance has been completed in compliance with the California Environmental Quality Act, and it has been reviewed and the comments,responses, and the information contained therein considered. . • i The Board hereby also FINDS that good cause exists for the amendment of the adopted plan for aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 52C Plan Amendment No. 2 be ESTABLISHED, consisting of the real property described in the Exhibit"A" attached hereto. The drainage plan, as shown on the map entitled, "Drainage Area 52C Boundary Map and Drainage Plan Amendment No. 2," dated March 2001, proposed to be instituted for the drainage area and on file with the Clerk of the Board of Supervisors, Administration Building, Martinez, California is hereby INSTITUTED. The Board hereby REPEALS Ordinance No. 90-39 and ENACTS Ordinance No. establishing drainage fees in said drainage area. The Board FINDS, pursuant to Government Code Section 66001 (a) as follows: The purpose of the fees described in this resolution is to generate monies to finance the construction of drainage improvements within the drainage area. The fees will be used to finance the drainage improvements listed in the Engineer's Report and the Drainage Plan, entitled "Drainage Area 52C Boundary Map and Drainage Plan Amendment No. 2" dated March 2001, which report and plans are on file with the Clerk of the Board. As discussed in more detail in said report and in the "Report on Impervious surface Drainage Fee Ordinance,"dated January 5, 1982, the types of development that are subject to the fees will generate additional impervious surfaces and drainage within the drainage area, thus creating a need to construct improvements. Use of the fees paid by each type of development will provide necessary infrastructure to mitigate adverse drainage impacts that would otherwise result from such development. This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Deterniination for this project. 1 hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator • By Deputy G:\GrpData\F1dCtl\Administration\Board Orders\2000 BO\Reso Amend#2-DA 52C.doc Orig Dept: Public Works(Flood Control) Contact: Kevin Emigh(313-2233) c: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller PW Accounting—F.Scudero Eng.Services Building Industry Association Eastern Division P.O.Box 5160 San Ramon,CA 94583 sF L • • LEGAL PUBLICATION REQUISTION Contra Costa County �a.f" -�. -fir•. sr�,cduN'� From: Clerk of the Board To: Brentwood News 651 Pine St., Room 106 PO Box 517 Martinez, CA 94553 Brentwood, CA 94512 Requested by: Patty Molloy Date: March 29, 2001 Phone No: 335-1907 Reference No: 508 Org: tx-71 Sub Object: 210,0 Task: sAs Activity: 6D8?D3 Publication Date (s): April 13 and April 20, 2001 No. of Pages: 2 LEGAL PUBLICATION-FIX Tuesday, May 8, 2001 at 9:00 a.m. for a hearing, to consider adoption of Drainage Area 52C Plan Amendment No. 2 and a new drainage fee ordinance, Brentwood area. C.7, March 2.7, 2001 PLEASE CALL, TO CONFIRM RECEIPT ""Immediately upon expiration of publication,"" send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: . Please confirm date of publication & receipt of this fax. LEGAL NOTICE Contra Costa County Flood Control And Water Conservation District NOTICE OF PUBLIC HEARING The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, has set 9:00 a.m. on May 8, 2001, Administration Building, 651 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. 90-39 and the adoption of a new drainage fee ordinance for Drainage Area 52C under the provisions of the Flood Control District Act. The proposed amendment of the existing drainage plan will modify the boundary of the existing Drainage Area and modify sizes of some storm drain lines within Drainage Area 52C. The new drainage fee .ordinance will increase the fee from $0.35 to $0.80 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. 2001 / 133 passed on March 27, 2001. Publish April 13 , 2001 and April 20 , 2001 . G:\Grp to\FIdCU\Ad inistration :11 ckage.do 0 • BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFADAVIT OF MAILING In the Matter of a Hearing to Consider Adoption) Of Drainage Area 52C Plan Amendment No. 2 ) And a New Drainage Fee Ordinance, Brentwood) Area. ) 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 1.8; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a certified copy of Notice of Public Hearing To the following: JEFF LAWRENCE GEORGIA OLVERA BRADDOCK & LOGAN SEENO CONSTRUCTION CO. 4155 BLACKHAWK PLAZA CIRCLE, 4021 PORT CHICAGO HIGHWAY STE 201 P. O. BOX 4113 DANVILLE CA 94506-4613 CONCORD CA 94524-4113 GUY BJERKE HOME BUILDERS ASSN. OF NORTHERN CALIFORNIA P. O. BOX 5160 SAN RAMON CA 94583-5160 DENISE PANTELES HOFMANN LAND DEVELOPMENT P. O. BOX 758 CONCORD CA 94522 I declare under penalty of perjury that the foregoing is true and correct. Dated April 5, 2001 , at Martine , lifornia. Deputy 03/14/01 WED 11:09 FAX 925 313 2333 CCC PUBLIC WORKS 0002 BARING CONFIRMATION FORM Hearing Date:_ May S. 201 1 F Name of Person Phoning to Request Hearing:Milton Kubice - Phone No_: 313-2239 Hearing Date Confimxed With: Ann CMelli of Clerk of the Board Staff on: 3-14-01 . Agenda Language(bow it will read on the calendar): FIX May 8,2001, at 9:00 a-m. for a hearing to consider adoption of Drainage Area 52C Plan Ammdment No. 2 and a neve drainage fee ordinance,Brentwood Area. 1. Anticipated length of the hearing: 5 minutes or less X _ or more 2. Is it controversial? Yes No X 3. Noticing Requirements: Yes,once a week for two consecutive weeks seven ddW Udor to bearing, Code Section: -koi-(0 4_ Publication Requirements: #of times 2 #of days before bearing 7 J 5. Who is to publish the Notice? COB X PWD It is the responsibility of the department to provide 1he appropriate notice. Some notices arc adopted by Board Resolution;the publication cannot be ordered until the Resolution is adopted by the Board of Supervisors. 6. If posting of uotioe is required,who will post? _ N/A - 7. If mailing the notice is required,who will provide the clerk with the correct mailing list and labels? rublic Works,Flood Control Planning S. Wben will this"fix hearing item"be listed on the Board agenda as a consent item? March 27.2001 G:1CrrpDau\I-ldC@1Administration\Board OrdM\2001 MHemingform52C.doc 03/14/01 LVED 11:09 FAX 925 313 2333 CCC PUBLIC WORKS 121001 COMM Costa County Maurice M.Shlu ex officio GtAef engineer FLOOD CONTROL 255 Gleder Drive, Madinez,CA 945534825 �r r & WSteir Conwrvation District Tele h m: ( 3113. � FAX TRANSMITTAL DATE' 45'N"01 TIMEt— / . 63 To.. APJ/I Ile s2✓E LI-1 FIRM: FAX NUMBER: FROM: OLTMI 'kL/8/fix TOTAL NUMBER OF PA&E5 (incl, cover sheet): MESSAGE, Y If you have any questions or problems with this transt nittal, please contact me at jW-eQwej