HomeMy WebLinkAboutRESOLUTIONS - 11281995 - 95-635 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 November 28, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop
NOES: None ;
ABSENT: None
ABSTAIN: None RESOLUTION NO. 95/635
(West's Water Code App.,
Project#0651-61,0072 Sections 63-12.6;
CDD-CP# 95-43 Gov. Code, Sections 54701-54718
SUBJECT: Annexation No. 2 to Flood Control District Drainage Area 76A and the levy of
Annual Benefit Assessments for Financing Drainage and Flood Control Services,
Alamo area.
The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra
Costa County Flood Control & Water Conservation District, RESOLVES THAT;
On October 24, 1995 this Board adopted Resolution No. 95/518 announcing its intention to
annex to Drainage Area 76A the real property described in Exhibit"A" and attached hereto and made
a part hereof by reference, and to levy annual benefit assessments for the purpose of financing the
maintenance and operation costs of the drainage and flood control services provided to said real
property; and
On November 28, 1995, pursuant to its October 24, 1995 Resolution this Board held a public
hearing on the question of the proposed change in drainage area boundaries, heard all relevant
evidence for or against the annexation petition, and heard and considered all protests against the
proposed benefit assessments; and
At the time and place fixed for said public hearing, this Board heard all persons interested in
or affected by the proposed change in drainage area boundaries,.heard all relevant evidence for or
against the annexation petition, and heard and considered all protests against the proposed benefit
assessments; and
It appears from the affidavits of publication and posting on file with this Board that all notices
required to be given for such hearing have been duly and regularly given and all procedures to be
followed have been followed, all in accordance with Section 11 of the Contra Costa County Flood
Control and Water Conservation District Act (West Wat. Code App., Sections 62-3.3 and 63-12.7),
in accordance with Government Code Sections 6066 and 54716, and in accordance with the
provisions of the Board's October 24, 1995 Resolution.
The Chief Engineer has previously filed with the Clerk of the Board the written report
required by Government Code Section 54716 describing the annual benefit assessments for drainage
and flood control services proposed to be levied against the real.property described in said report and
the aforementioned Exhibit "A".
NOW THEREFORE, This Board FINDS that the activity, annexation to Flood Control
Drainage Area 76A and adoption of annual benefit assessments, is not 'subject to the California
Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA
Guidelines; and
This Board hereby DIRECTS the Director of Community Development to file a Notice of
Exemption with the County Clerk; and
ANNEXATION NO. 2 TO FLOOD CONTROL DISTRICT
NOVEMBER 28, 1995
PAGE TWO
This Board hereby AUTHORIZES the Chief Engineer of the Contra Costa County Flood
Control and Water Conservation District to arrange payment of the $25 handling fee to the County
Clerk for filing of the Notice of Exemption; and
This Board hereby FINDS that the proposed annexation is for the best interests of the
drainage area and hereby ORDERS that the real property is described in Exhibit"A' is annexed to
Contra Costa County Flood Control and Water Conservation District Drainage Area 76A, subject
to the requirement that the owners of the annexed land approve and pay the annual benefit
assessments described below.
This Board hereby APPROVES the Engineer's Report, attached hereto ESTABLISHES an
area of benefit corresponding with the real property described in Exhibit "A" attached hereto, and
PROPOSES the adoption of the annual benefit assessments described in said report.
This Board hereby DIRECTS that the County Clerk(Elections Clerk) take all steps necessary
to conduct the election required by Government Code Section 54717 (a) to authorize the annual
benefit assessments described in the aforementioned report. Said elections shall be conducted by
mailed ballots pursuant to Elections Code Section 1340 and shall be held on the earliest date
permitted by law, and following completion of the election, the County Clerk(Elections Clerk) shall
file with the Clerk of the Board a certification(official canvas) of the vote cast on the proposition.
The annual benefit assessments proposed for adoption by this Resolution pursuant to
Government Code Section 54717 shall take effect upon approval by the vote required by law. The
annual benefit assessments shall be payable as follows:
1. All new lots shall be assessed in the fiscal year following the filing of the final map creating
said lots;
2. All existing lots that receive impervious surfaces shall be assessed in the fiscal year following
the construction of impervious surfaces;
3. As provided in Government Code Section 54717 (b), the Board may annually determine and
impose subsequent annual assessments, but such assessments shall not exceed a maximum of
$470.85 IAU, as adjusted for inflation by the State of California, Construction Cost Index;
4. An amount equal to twice the annual benefit assessment shall be levied until a reserve fund
equal to.five times the estimated annual maintenance cost has been created or restored to its
recommended amount; and
5. The developers shall reimburse the Flood Control District for all maintenance costs in excess
of the revenue from levied assessments until such time as 75 percent of the lots have been
improved and these lots,are paying the annual assessments.
RB:mg
g:\fldctl\fcbo\boannex.tl l
Orig.Dept.:Public Works(FC)
cc: County Administrator thereby Certify that this Is a true and em,9CtCOpy 01
d entered on the
Community Development Board of Supervisors On the date shown.minutes of the
Buildinglnspection ATTESTED: November 28, 1995
County Counsel PHIL BATCHELOR,Clerk of the Board
County Assessor of Supervisors and County Administrator
County Treasurer-Tax Collector
County Auditor-Controller
County Clerk-Elections Division By Deputy
Chief Engineer
Flood Control Engineering
Accounting
Engineering services
V.Germany,Design
RESOLUTION NO. 95/635