HomeMy WebLinkAboutRESOLUTIONS - 05082001 - 2001-186 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
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. 7571-6D8203-01
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 2.7, 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 l 1 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 Enviromnental 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.
f. •
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 acid 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.2001-0 °
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.
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: May 0 8 , 2001
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
RESOLUTION NO. 2001/186