Loading...
HomeMy WebLinkAboutMINUTES - 08221989 - T.2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this Resolution on August 22, 1989 by the following vote: AYES: Supervisors Fanden, Schroder and .T:orlakson NOES: None ABSENT: Supervisors-,Towers and McPeak ABSTAIN: None Resolution No. 89/89/574 (West's Water Code App. , Sections 63-12.6 and 63-12.7; Gov. Code, Sections _54701-54718 SUBJECT: Annexation No. 1 to Flood Control District Drainage Area 76A and the Levy of Annual Benefit Assessments for Financing Drainage and Flood Control Services. Walnut Creek Area. Project No. 7576-6D8217. The Board of Supervisors of Contra Costa County, as the Governing Board of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: On July il, 1989, this Board adopted Resolution No. 89/452 announcing its intention to annex to Drainage Area 76A the real property described in Exhibit "A" 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 August 22 , 1989 , pursuant to its July 11, 1989, Resolution this Board held a public hearing on the question of the proposed annexation and levy of annual 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 a 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's Wat. Code App. , Section 63-11) , in accordance with Government Code Sections 6066. and 54716, and in accordance with the provisions of the Board's July 11, 1989 Resolution; and 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" ; and This .Board has received no resolution or ordinance adopted by the City of Walnut Creek requesting exclusion of territory from the area being annexed; and This Board hereby DETERMINES that it can be seen with certainty that there is no possibility that the formation of the Flood Control District Drainage Area may have a significant RESOLUTION NO. 89/ 574 Board of Supervisors DA76A - August 22, 1989 Page 2 effect on the environment; therefore, the project is not subject to the California Environmental Quality Act pursuant to Section 15061(b) (3) of Chapter 3 of said Act's guidelines; and This Board hereby DIRECTS the Chief Engineer to file with the County Clerk a Notice of Determination for this project; 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 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; and This Board hereby APPROVES the report, attached hereto as Exhibit "B" and made a part hereof by reference, 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; and 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 election 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; and 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 $67.05/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 two 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 RESOLUTION NO. 89/89/574 Board of Supervisors DA76A - August 22, 1989 Page 3 revenue from levied assessments until such time as 75 percent of the lots have been improved and these lots are paying the annual assessments. I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Superytg n h data ATTES9R TED: q U G PHIL BATCHELOR,Clark of the Bosh of Supervisors and County Administrator DOD* RSC:BO:sj/dmw DA76A.Annxl Originator: Public Works (FCE) County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer - Tax Collector County Auditor - Controller Chief Engineer Flood Control Engineering Accounting Engineering Services City of Walnut Creek P.O. Box 8039 Walnut Creek, CA 94596 Elections RESOLUTION NO. 89/ 574 EXHIBIT A Annexation No. I to Drainage Area 76A All that certain real property situated in the County of Contra Costa, State of California, described as follows : Being a portion of the Record of Survey filed December 17 , 1982 , in Book 72 of LSM, at page 4 , Contra Costa County Records , more particularly described as follows : BEGINNING at the most northerly corner of said Record of Survey; thence South 76*59 ' 28" East, 733 . 37 feet; thence South 3'59 # 00" East, 83 . 67. feet; thence South 27*03 ' 43 " West, 155 . 87 feet; thence South 54*05 ' 02" West, 449 . 99 feet; thence along a tangent curve to the left, having a radius of 400 . 00 feet, through a central angle of 12*49 ' 45 " with an arra length of 89 . 57 feet; thence South 41015 ' 17" West, 239 . 54 feet; thence along a tangent curve to the right, having a radius of 200 . 00 feet, through a central angle of 30*06 ' 45 " with an arc length of 105 . 11 feet to a point on the northern right-of-way line of Livorna Road East; thence along said right-of-way line South 71 *22 ' 02 " West, 9 . 32 feet; thence leaving said right-of-way line North 27*27 ' 17" West, 169. 71 feet,- thence South 79*41 ' 32" West, 61 . 56 feet; thence South 63032132" 1 West, 106 . 23 feet; thence South 86*04 ' 32" West, 79 . 84 feet; thence North 1 *27 ' 28 " West, 262 . 61 feet; thence North 29'43 ' 32 " East; 600 . 95 feet; thence North 34*55 ' 32" East, 98 . 82 feet to the Point of Beginning. Containing 13 . 27 acres of land, more or less .