HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-737 k
THE OAR OF SUP--ERV S F
CONTRA COSTS COUNTY CALIFORNIA
.� ��VERNING BOARD F THE COIN T COUNTY
L &WATER CONSERVATION DISTRICT
FLO 000 T b
Adopted this Reso tidnn November 15, 20059 by the f . w nvote:
. LShol DeSaulnier,Glover and Uilkema
NOES None
AXSENT: None
1AXSTMN: :None
RESOLUTION N.
2005/
ST E �` ADOPTEngineer's Report for Annexationmag
#2 to Drainage area 10, and FIX December
20 2005 at . n, for Public Hearing, and DIRECT the Chief Engineer t � �ballots
t parcel owners r Min r �ubd. is c�� - in compliance with
Proposition � ,
Danville Area.
The Board of Supervisors of Contr Ccst .County, as the governibodyof the Contra Costa Count
Flood Control and Water Conservation District, RECITES as follows:
t ns�
116 and 12.7 of the Centra Costa County Flood Control and Water Conservation District
Act (West's Wa .Code App. §§ 6342.6 and 634012.7; ref`erred � s the ``A.ct" �r vie u theme r �
Board to conduct proceedings for the annexation of parcels or tracts of land to an ex sti drainage area..
The B I I t Assessment Act of 1982 (Gov. 'Code, 54703-54718) provides authority.for the Board
to propose fbr adoption n ual benefit assessments for the purpose of fundin the maintenance and
eper .tion costs of drainage and flood control ervic s, as W
ell,as the cost of installation and improvement
of drainage and flood control facilities.
RVF.cw I hereby certify�a s �
C.\�arpl�ata'FidCt1\Bnard Orders 2005 Onward\2005 Resolutions �'' ��S t��and Cf3I�"eGt;copy of an
TO Reso-Fi m He �g S 044-20 -1 5,05.docaction taken and entered on the mnutes of the Board of
prig. apt:Public' 'orks(Flood Control) Supervisors on t �date shown.Bob Faranne(925 313-2390
cc County Adminis rotor
County Assesso,r
County Auditor-Controller " -
.�
County Counsel ��`:� ►
" TED.
County Treasurer-Tax Collector JOHNClerk of the Board of Supervisors
Buwlding Inspection
and
onnunity Development
County Administrator
Pxiblie:worksDepartrnent
Chief Engineer(Public Works)
)
Engineering Services
Flood Control Engineering By
Matthew D.DoinkeK Deputy
320 Cany'onWoo Pl.;
San Rarnbw CA 945824204
Lisa Keidel
CBG
6111 Ballinger Ca yon Road
San Ram n, A 9458
"SOLUTION NO.-200:
�he'
SUBJECT: �� � '� � � � �to . � 1 � ecerber + ,
2005, at 9:30 a.m., for Public Heng, and DIRECT the Chief Engineer to mail ballots to
parcel owners for Minor Subdivision 04-20 in compli4hcewith Proposition 218, Danville
,Area.
DATE: November 15,2005
PAGE: 2
Se tion 4 of Article XE[[ D of the California Constitution Right to Vote on TaxesAct) and
Government Code Section 53753 (proposition. 218 Omnibus Implementation ,pct) provide a standard
procedure for the'approval and levy of special benefit assessments.
,As 'conditions of approval of their developments, the owners of the parcels described in Exhibit A
attached hereto are required to annex their parcels for the purpose of funding the :maintenance and
operation costs ot the drainage and flood control service provided to the parcels. Annexation of the
parcels was. addressed by the California Environmental Quality .A.ct document prepared for minor
Subdivision 4-20.
The developers of Minor Subdivision 04-20 have requested that the proceeding for the annexation
n
-and adoption of annual benefit assessments be instituted by the Board for the parcels described in:�xnl
A attached hereto.
The Board has before it for consideration, the above described petition, the boundary snap and the
engineer's report entitled":engineer's Report for.Annexation#2 to Contra Costa County Flood Control &
Water Conservation District Drainage a ,area 101.0." Said. doc�.ments which dese�be floe rrea proposed to
b annexed d � b provide an estimate of the current annual maintenance and operation cots of the
drainage and flood control services and the amounts of the proposed assessments, are on rile with and may
be examined at the Office of the Clerk of the Board f Supervisors, Administration Building, Pine
Street,Martinez, California.
NOW, THEREFORE,the Board.of Supervisors of Contra Costa County, as the governing body of the
Contra Costa County Flood Control and. Water Conservation District, FINDS and RESOLVES a
follows.
All of the foregoing recitals are true and correct, and the above-described petition complies with the
requirements of Section 12.6 of the Acct Pest's Watt. Code.app., § 63-12.6).
It is proposed that the real property described in Exhibit A, attached hereto, be annexed to Drainage
Area 1010, that the drainage area boundaries be changed accordingly, and that annual benefit assessments
be levied against the real property described *in Exhibit A attached hereto, as set forth in the above-
described engineer's report.
At 9:30 a.m. on December 20, 2005, in the Chambers of the Board of Supervisors, Administration
stratio
Building,, 651. ;dine Street, Martinez, California,,thi Board will conduct a.public hearing on the proposed
annexation and change in drainage area boundaries and on the proposed:annual benefit assessments.
The :hoard DIRECTS the Chief Engineer of the Flood Control District to mail written notice of the
bearing, in the form attached. as :exhibit B, to the record owner of each identified'parcel within the area
described in tihibit A. The notice shall include ars assessment ballot in the fog attached as Exhibit C
and shall be:mailed at least thirty C days prior to the date of the public hearing.
RESOLUT N NCS. 20051"?
SUBJECT: ADOPT Engineer s Report dor Annexation 7-4to T rains, ,area 101% ember 20,
2005 at o ..m., for Public.Hearing, and DIRECT the Chief Engineer to mail ballots to
parcel owners for Mir Subdivision.04-20 ire complla a ,:with roo ltiox 211 , nvi
Area.
DATE: November 1., , 2 0
PAGE:
The Board FURTHER DIRECTS the Clerk of the Board to publish. notice of the rearing, in the
form attached a Exhibit B, pursuant to Sections .3 and l2.' f the ,pct (West's Wat. Code App., 63-
the
. ar d. 16�' 4 2.7), once a weep for two consecutive weeps n r to h ring, with at least five
days intervening between the respective publication dates—not- unt ch Publication dates, in the
Contra Costa "dimes, a newspaper of general circulation published in the drainage area. Publication shall
be comp ete .at least seven 7 days prior to the date of the public.hea*ng.
The Board FURTHER DIRECTS that ��e iat ly before the hearing,, the Chief Engineer spial
tabulate the ballots.
, :t the heating, the Board will consider any objections or protests to the proposed benefit assessment
and certify the{tabulation of the ballots. The:hoard shall not impose the assessments if there is a majority
protest. A,majority protest exists' ,upon conclusion f the hearing,ballots submitted in opposition to the
assessments exceed the ballots submitted in favor of the assessments. In tabulating the ballots, the ballots
shall be weighted according to the proportional financial obligation of the affected property. At the
conclusion of the hearing, the :hoard may adopt, revise, change, reduce, or modify the proposed
assessments.
At the hearing, the;hoard will hear all persons interested in or affected by the proposed change in the
drainage area bdunda iea, and will bear all relevant evidence for or:against the annexation petition. At the
conclusion a ►f the hearing the:hoard mai�e all or dart of theparcels pro o►se . o ben ed.
OCTOBER 21, 2005
JOB 'NO. 1172-00
LEGAL DESCRIPTION
ms 04-0020 A 1NEXATI
ON TO
DRAINAGE ARRA 1010
APN 220-080-0,23
CONTRA COSTA COUNTY1 CALIFORNIA
EXHIBIT 'A'
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF CON'T'RA CC BT.A, STATE OF CALIFORNIA., DESCRIBED AS FOLLOWS:
BEI NCS .ALL OF PARCEL C, AS SAID PARCEL C 18 SHOWN AND SCS DE I GN.A`AFD ON
THE OFFICIAL MAP OF SUBDIVISION MS 166-77, RECORDED MAY 31, 1978, IN
BOCK 66 OF PARCEL MAPS .AT PAGE 221 IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA C OUT `.
CONTAINING 5.55 ACRES OF LAND, MORE OR LESS.
ATTACHED HERETO 18 A PLAT TO -ACCOMPANY LEGAL DESCRIPTION, AND BY TH I B
REFERENCE MADE A. PART HEREOF`.
EN OF DESCRIPTION
6rbEL A. GAR.0 IA
L.B . NO 5285
EXPIRES:. DECEMBER. 31, 2005
CSH/rj G►
P.\1100 - !.199\117 -00\LEGALS\;LG-003.D0C
^ � �
� � �� ■�
. .■ �a ®�
. : � .:■■ � � �
� $�� �■ #
� e �
.�e ■ , � . .a.
2: ® :
,
EL
e . . ® • . M ,
• » ® , » ■, \
e# ITAIN
ENGINEER."S REPORT
FO
ANNEXATION#
(MINOR SUBDIVISION 04-20)
TO
CONTRA COSTA FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
T
DRAINAGE AGE AREA 101
PREPARED BY THE STAFF OF THIS
CONTRA.COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
T
255 GLACIER DRIVE
MARTINEZ, CA 9455
OCTOBER
005
.............
.......... .........
DRAINAGEAREA 1010ANNEXATION 2
1. "CQMMBNPATJQN
it is recon unended that the,real'.propelwn aspenM2 Mine lm�o i�d Subdlvl n 04 20,
:Par I C of� Mi
ss ss arc -u er 220-01
n Wr I
.(Steve.. s R ach A s P 61 N mh
3 ce o mor
S divi 1 n :t66-77 in an unincorporate di area of Contm C tsoos a County be,annexed
in 111"' t C Ion District. Drainsyze
�fo Contra uo,s a ounty.Flood C6 I and�W :C,
ater -onservati
Area.10 10 and that benefit assessments pursuant to Government Codeection
S s54701
through 54718 be levied.
2. LOCAIION.
The drain:aize area is locatedin. the, Danville- areas The area is bdound
e. by the
ackhawk development,to the north and the southe mboon dary ofthe W
est Branch
evelopry ent
to the south. The east and West boand ani6es are approximately Hansen
Lane and the HillDOUgherty
fidgeline, respectivel : Thecific- I
o
cation shown
:on Contra Costa County Flood Control and Water Conservation District I r wi
ng
D-12619.
A boundary descn'ption of the area to be nnexed Is attached as Exhib*t"A
a
REASON FOR ANNEXATION,
Oii may 10 1988,,,ijraina under
ize Area .1010 was established to provide a tit
le aal e ity,
-e asses -n m C
which ben, lit fo main ce f West Al
8i. ents, r mai nam o a o `reek and the
ettencourt
D ion it5asin can vied. The,& I ts fp
Otent* be le Ur 0 Minor Subdivision.04�2
o dn-din 0 Wi
*11 d in
ious sumacs. Ibis wi
nate n w im etv,
p, result:in additional runoff that.�wi ra" into
Wes flood protection bene t for the minor
he 4etention. basin. The in provi
bas* fi
subdiv'is'ion. It is equitable that allroperties benetiting, by the exis
P
ten: ce of the
detention basin pay, a fair share toward its annual maintenance, Therefore, Minor
Subdivision 04 20 should be annexed to Drainage Area:1.01 Chi
BE FLT ASS
ESS
D
The bereft:assessments collected within jza�Area 1010 are used only fo
• rama
r .
Wept ek
maintenance and operation, , ��thi
C& We tAlamo Cre n the boundanes. of the
#-0iainage area within the Flood Control District nght: n f-wa 11*111its, aI
d the regi on a
y
It
of
deteht b I
ion asin, also n is n way.
ght-
ea �n�t.ervious, Ar (one 1AU
The annual benefit assessment-amount: for, each Imp
eels 1 1 1000 fta 2
')
isthe quotient of the total
annual maintenance cost �aiviaed bv the
,total IAU's th drainage area. The
in e annual berient assessment ior each lot 1*s the
Pro
duct of the number Of 1AU" assigned to each lot times the annual benefit
onuc
asslossment der . The: annual beet assesst is aCl` ste+ pe'ri6aially inW1 Envirneles R& r Sn :FrcscoCostIndex to account
-s
fo infl4tion and maintenance needs The arIn�al
r I 3-ed the
u sessm. ent cannot eye
aim
5.43 -m Assessment $3der1AU �($24.1& in1988 dollars and 'Indexed to
2
D-R-A-INAGE:AREA 1010 ANNEXATION 2
0 cto
ber Z 05). The current fee is $9.04 per IAU, which equates to approximately
$5 8.58 or$96.64 pier year per lot depending on lot size.
Please refer to the Engineker's Report for the establishment of the �Con
tra ta t.�os
County Flood Control and Water Conservation Distimet Drainage Area 10 10 approved
b y
the Bard d of Su sors on
�ar pervi May 10, 19885 for additional information on the
benefit assessment,
44 EnFIT ASSESSMENT RV1PLEMENTATI
it is,recommended thaf Minor Subdivision 0420 be annexed into Drn'
al aRe Area,10 10
an o
to.provide a venicie for maintenance d oper ation f the regional detention baser
West Alamo Creek and creek improvements located within the drainage area..
s 1evi infse year
it is recommended that: (1) assessments on the new lot be ed the al
-f6llowm* g1he filing of the final map creating them; (2)the legislative.body(Board of
Supervisors) may' annually determine the cost of the services iinanced by the
assessment and., by ordinance or.resolution, establish the amount of the as
sessment;
(3) a portion of the assessment may be used for mainta:
ining a reserve �uno, equal to
five times the estimated annual cost f the services- and, (4) the ,nnu It
a assessmen
establishedb the Board of Supervisors shall not exceed a maximum of$35.43 per
y
IAU (1,000 s
quare feet of impervious surface) adjusted up fro
m $24.18 (190c'
dollars)to account for inflation.
Table A
Lot S. ze(Sq. Ft.) hnpervious Area
Annual Maximum Amual
Units(I.A.U, per Maint : an sessment Li *t 2)
mi
lot Benefit Assessment
14A0 ftand 6.48
$58�058 .5 9
40,000 ftand,
10.69 $96.64 $378.75
(1) Annual Assessment based,on$9.04 per I.A.U.
{� ' Maximum Assessment is based on $24.18 1
n.1988 dollars and is subject to,an
gi
annual increase in accordance with the'En *nrieenR News:' rdan SFra
ncisco x
eco
Cost Index, As of October 2005, the Maximum u. Assessment Limit is
$35.43 per LXU.
'.'VF cw:
GAGrPPata\F1dCt1\CurDev\DA Annexations\DA 1010 Anex.2 MS 04-20\ER DA 1010-Anex.2 MS 4-2 .do
3
CGIN"TRA. COSTA COUNTY
PUBLIC WORKS DEPARTMENT
255 Goer Drive.
Martinez CA 94553
The: Board of Supervisors, as the governing body of the Contra Costs County Flood
Control of r ors ry � h � set 9:30 a.m. on December 2 , 200 in its
chambers, County Administration Building, 651 Pine Street Martinez, CA 9455 , as the
time and place for a hearing on proposed Annexation N . 2 to Drainage Area 1010 and
the proposed levy of benefit assess rm nts for the area being annexed. � the
provisions of the Contra Costa County Flood Control'and Water Con rat n District Act
and the Benefit Assessment Act of 1982, respectively.
The above deseribed hearing concerns the annexation to Drainage Area 1010 of Subdivision M
04-20 located in the Danville area. Precise d scrip :o s are contained in the b and .r
Y.
descriptions.
The boundary maps, boundary.descriptions of the area, end n�irteer's re �hie begin �- �ed
p p
for the proposed annexation. These documents have been filed its the Clerk ofthe Board of
Supervisors and are available for inspection at the Public is Works Department Office, 255 Glacier
Drive, Martinez.,, CA 945 3.
. .t the public hearing the Board rd.will hear all persons interested in or affected'
Y proposed
the used
p
hanac in the drainage area boundaries, will hear all relevant evidence for and apetitioni st tie
n dear and e�n.s d.er all protests against:the proposed benefit assessments.. At the conclusion
of the hearing, the B o and � a��e�ate r p�r� d 't�e ar�ei s r cased t be annexed and may
p p
ad pt,'revise Change, reduce car modify the proposed ben Ott assessments.
All persons interested in or affected by the proposed change in the drama +� area bc�ur daries ma
g
appear at the hearing and show cause why the change should not be'made. At the hear*
ng, the
Bard. shah .near all relevant evidence for and against the petit ion it i the:: card's irttcnti n to
p_
i'evy annual benefit assessments upon the parcels proposed to be annexed.
_
I Hereby certify that this is a tnie and correct copy of avi action.
taken cmid'entered on the minutes of the Board.of Su endsus on'
the dale shown.
ATTESTED: November 15,2005
J BN SWEETEN,Clerk of the Board.of Supervisors and.CounIN
Admirdstrator
_' E
Dev it
Publication ication rates:
December 05 2005'
December 12, 2005