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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. MM/HF:pe c:\BO\DA76-1.t3 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