HomeMy WebLinkAboutRESOLUTIONS - 03011994 - 94-129 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on March 1, 1994, by the following vote:
AYES: Supervisors Smith, Bishop, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 94/129
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
SUBJECT: The Establishment of Drainage Area 76, the Institution of a Drainage Plan,
and the Adoption of a Drainage Fee Ordinance and Credit and
Reimbursement Policy, Alamo Area. Project No. 7505-6F8176.
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 January 11, 1994, this Board set a public hearing to consider establishing Drainage
Area 76, to institute a drainage plan and to adopt a drainage fee ordinance for said
drainage area.
On March 1, 1994, pursuant to the Board Resolution of January 11, 1994, this Board held
a hearing to consider the establishment of said drainage area, the institution of a drainage
plan and the adoption of a drainage fee ordinance. At that time all written and oral
objection presented concerning these actions were considered.
This Board hereby,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
twenty-five 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 and in
accordance with the provisions of the Board's Resolution of January 11, 1994.
This Board has received no resolution or ordinance adopted by an affected city requesting
the exclusion of territory from the proposed drainage area.
Pursuant to Government Code Section 66001(a), the Board FINDS that the purpose of
the drainage fees described in this resolution is to generate monies to finance the
construction of drainage improvements within the proposed drainage area. The fees will
be used to finance the drainage improvements listed in the drainage plan and described
in the engineer's report. As discussed in more detail in said report and in the "Report on
Impervious Surface Drainage Fee Ordinance, dated January 1982, the types of
development that are subject.to the fees will generate additional impervious surfaces and
storm water runoff within said 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.
RESOLUTION NO. 94/ 129
Establishemnt of Drainge Area 76
March 1, 1994
Page Two
This Board has considered the Negative Declaration for the proposed drainage area,
together with all comments received. This Board hereby ADOPTS the Negative
Declaration in compliance with the California Environmental Quality Act, and FINDS,
based on the initial study and any comments received, no substantial evidence that the
project may have a significant effect on the environment.
This Board hereby DIRECTS the Chief Engineer of the Contra Costa County Flood
Control and Water Conservation District to arrange the $1,250 Fish and Game filing fee
to be transferred to the County Clerk.
This Board hereby DIRECTS the Director of Community Development to file a Notice of
Determination. This Board further AUTHORIZES the Chief Engineer of the Contra Costa
County Flood Control and Water Conservation District to arrange payment of $25 to the
County Clerk for filing of the Notice of Determination.
This Board also hereby FINDS that good cause exists for the establishment of the
aforesaid drainage area and ORDERS that Contra Costa County Flood Control and Water
Conservation District Drainage Area 76 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 76 Boundary Map and Drainage Plan,"dated May 1993, proposed
to be instituted for Drainage Area 76 and on file with the Clerk of the Board of
Supervisors, Administration Building, Martinez, California, is hereby INSTITUTED.
This Board hereby ENACTS Ordinance No. 94-20 establishing drainage fees in said
drainage area and adopts the Drainage Area Credit Policy for Drainage Area 76 dated
March 1994.
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Orig. Dept.: Public Works(FCE)
Contact: M. Morton,313-2285
cc: Building Inspection
Community Development ihe►e-ycertify that this i3atrueandcorrMcopyof
County Administrator an action taken and entered on the minutes of the
ty Boats of 3up�gy�,ifn t shown.
County Assessor ATTESTED: f-IAR 1
County Auditor-Controller PHIL BATCHELOR,Clerk of the Board
County Counsel of supervisors and co my Administrator
County Treasurer-Tax Collector
Accounting By -,Deputy
Chief Engineer
Design-Environmental Section
Engineering Services
Building Industry Association
P.O. Box 5160
San Ramon,CA 94583
City of Walnut Creek
David Lennon
Hofman Company
P.O. Box 907
Concord,CA 94522
Dennis J.Razzari
Davidon Homes
1600 Sourt Main Street,No.150
Walnut Creek,CA 94596
Richard W.Jensen
Braddock and Logan Associates
4155 Blackhawk Plaza Circle,Suite 201
Danville,CA 94526