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HomeMy WebLinkAboutMINUTES - 07251995 - SD.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODS' OF CONTRA COSTA COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT Adopted this Resolution on July 25, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 951349 (West's Water Code App., Project#0651-6L0072 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 July 25, 1995 this Board adopted Resolution No. 95/349 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 July 25, 1995, pursuant to its June 27, 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 June 27, 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 '\Y ANNEXATION NO. 2 TO FLOOD CONTROL DISTRICT JULY 25, 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: I. 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:\ftdctl\fcbo\boannex.t6 Orig.Dept.:Public Works(FC) cc: County Administrator I hereby certify that this Is a true and correct COPY o Community Development an action taken and entered on the minutes of the Building Inspection Board of supervisors on the date Shown- County Counsel .ATTESTED: °?[IT 7 5- County Assessor PHIL BAVCH&OR,CI rk of the Board ° County Treasurer-Tax Collector of Supervisors and County Administrator County Auditor-Controller County Recorder-Elections Division `nn Chief Engineer ,Deputy Flood Control Engineering Accounting Engineering Services V.Germany,Design RESOLUTION NO. 95/349 f CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE, MARTINEZ, CALIFORNIA DATE: June 6, 1995 TO: Board of Supervisors FROM: J. Michael Walford, Chief Engineer SUBJECT: Annexation Number 2 to Drainage Area 76A and the Adoption of a Benefit Assessment for the Area Being Annexed. OUR FILE: 3076A-26 Annexation No. 2 consists of annexing the 51 lots being created by Subdivision 7633 and approximately 60 acres of open space into Drainage Area 76A. The developer has excavated a detention basin to mitigate increased flows from the newly created impervious surface into Miranda Creek. The annexation will provide funds to maintain the new detention basin. The average annual maintenance cost per lAU will be $313.90, after the annexation has been completed. The maximum IAU rate recommended to be levied is $470.85. JMW:RB:mg g:\fldct1\work\3076a.t5 ti • • Drainage Area 76A Annexation No. 2 Boundary Description C.C.C.F.C. & W.C.D. File: 3076A-14 EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of Section 5, Township 1 South, Range 1 West, Mount Diablo Meridian, also being a portion of PARCEL "A" of Subdivision MS 20-82 filed March 14, 1983 in Book 105 of Parcel Maps at page 13, records of said county, described as follows: Beginning on the south line of Section 5 at the southeast corner of said PARCEL "A"; thence from the Point of Beginning along the boundary of PARCEL "A" as follows: 1) north 15°21'43" east 467.81 feet, 2) north 5°22'01" east 672.01 feet, 3) north 76°49'30" west 2,612.19 feet, and 4) south 3°49'04" west 1,482.40 feet; thence leaving said boundary, north 88°32'40" east 90.00 feet; thence south 6°42'05" east 299.99 feet to the south line of Section 5 and PARCEL "A"; thence along said south line, north 88°32'40" east 2,331.13 feet, to the Point of Beginning. Containing an area of 84.245 acres of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS27). LH:kd gAC1erica1\Exhibits\DA76A.Exh r TABLE A LOT SIZE IAU ANNUAL MAXIMUM .>` :. . IN.SQUARE FEET: IMPERVIOUS MAINTENANCE MAINTENANNCE ANNUAL, ... AREA UNITS >;: BENEFI ^RESERVE U.NLj ASSESS14fENT . ... .. ,:: ASS ESS.MENT.(x);..- ENUIT„ LIMIT .... ASSESSMENT .: 10,000-13,999 3.59 $563.45 $1126.90 $1690.35 14,000-19,999 4.19 $657.62 $1315.24 $1972.86 20,000-29,999 5.18 $813.00 $1626.00 $2439.00 30,000-395999 6.43 $1009.19 $2018.38 $3027.57 (1)Annual assessment based on annual assessment rate of$156.95 per IAU. It is recommended the maximum benefit assessment listed in the right hand column be submitted to the residents/owners for adoption by vote. Based on the final maps that have been filed,Drainage Area 76A includes the following lot sizes and number. L,OT SIDE AFFECTED LAT NUM$ER .:.......::::. . :;:...:. .;::::.:.:...:;:.::>::.:::;....:::.:.:::::..:.:. ...... LN;S UARE.FEET; . ....... .... 10,000-13,999 30, 39, 40, 47 4 (3.59 IAL) 14,000-19,999 1,2,5 thru 7, 11 thru 17, 20, 21; 24 thru 26, 29, 31 thru 36 (4.19-IAL) 38, 41 thru 46, 48 thru 51 20,000-29,979 3, 4, 8, 9, 10, 18, 19, 23, 27, 28 10 (5.18 IAL) 30,000-39,999 22 1 (6.43 IAU) g.Wdctllworkltablea r Form 1024.1 B DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 0651-61-0072 CP NO. 95-43 WO# L072 ACTIVITY NAME: Drainage Area 76A Annexation DATE: June 7, 1995 PREPARED BY: Janet Frattini .t- This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The purpose of the activity is to annex approximately 60 acres of open space and 51 lots created by Subdivision 7633 into the boundary of Drainage Area 76A (Figures 1 & 2). Conditions of Approval required the developer of Subdivision 7633 to excavate a detention basin. The annexation will provide funds to maintain the detention basin. LOCATION: Drainage Area 76A is located in the south county area of Walnut Creek. REVIEWED BY: DATE: Vickie Germany, Environmental Planner i���APPROVED BY: DATE. . 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C7 v 1A w Z> e p � � _'.,.•t` '� ri!"� gt 'M=�� 'ri r�'i ' t •� 1 Q ro^ ..r .�-�_`',�,.' S NONfl.s'> OV" OPARX__._:_ •--}l-'-- BtKIt.NJN IN 2 j."4f 'I 9 SCALE r TO C ``a(� PARKS ii v, NOT .7 ,. o \\ NOT 492, • Harvey E. Bragdon Community Contra Director of Community Development Development Costa Department County Administration Building County 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Phone: 646-4202 June 13, 1995 ev County File #CP 95-43 Attention: Public Works Department Janet Frattini - Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 95-43(Draina-ge Area 76A Annexation). In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970 (CEQA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: (✓) AN ENVIRONMENTAL IMPACT REPORT (EIR) .IS NOT REQUIRED. ( ) The project is categorically exempt (Class 1. ( ) The CEQA requirements are accommodated by the EIR previously prepared for ( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department (unless appealed)). (-1) Other: General Rule of Applicability (Section 15061(b)(3)) ( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. ( ) The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). ( ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 646-2093 and ask for Dennis Barry_ Sincerely yours Harvey E. Bragdon Director of Community Development By: :gms shllt • CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and Location: DRAINAGE AREA 76A ANNEXATION County File #CP 95-43: The purpose of the activity is to annex approximately 60 acres of open space and 51 lots created by Subdivision 7633 into the boundary of Drainage Area 76A. Conditions of Approval required the developer of Subdivision 7633 to excavate a detention basin. The annexation will provide funds to maintain the detention basin. Location: Drainage Area 76A is located in the south County area of Walnut Creek. This project is exempt from CEOA as a: Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) V General Rule of Applicability(Section 15061(b)13)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class _ Section for the following reason(s): The project will not have a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini ENGINEER'S REPORT FOR ANNEXATION #2 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 76A PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 MAY 1995 l 1. RECOMMENDATION It is recommended that the Board of Supervisors authorize Annexation Number 2 to Drainage Area 76A and that a benefit assessment pursuant to the Benefit Assessment Act of 1982, government code sections 54701 through 54718 be adopted for the area to be annexed. 2. DRAINAGE AREA LOCATION AND DESCRIPTION Drainage Area 76A formed on December 1, 1987, is located northeast of the intersection of Miranda Avenue and Livorna Road in the unincorporated area of Alamo. The site is bounded on the west and north by the City of Walnut Creek and on the east by the East Bay Regional Park District. A boundary description of the proposed area to be annexed is attached as Exhibit "K. 3. REASONS FOR THE ANNEXATION The area of the proposed annexation consists of 84.24 acres of land which includes one subdivision. The subdivision will create 51 single family residential parcels that vary in size from about 13,590 SF to about 38,620 SF and approximately 60 acres of open space. The impervious surface created by the subdivision will decrease storm water infiltration into the soil and increase the storm water runoff rate. If the increased flow is allowed to drain into Miranda Creek without some form of mitigation, there is a potential that the capacity of the creek would be exceeded and flooding will occur. As a mitigation measure, the developer has excavated a detention basin within the area to regulate the storm water flowing into Miranda Creek. The detention basin requires annual maintenance to ensure that it operates as designed. It is, therefore, equitable in the opinion of the Flood Control District that all properties benefiting by the existence of the detention basin pay a fair share toward its annual maintenance. It is, therefore, the recommendation of District staff that subdivisions and other developments that will increase the storm water flow to Miranda Creek be annexed to Drainage Area 76A and have the benefit assessment levied. The annexation to Drainage Area 76A provides a legal entity under which the benefit assessment for maintenance of the detention basin can be levied, after a vote has been taken. 4. FACILITIES TO BE MAINTAINED Funds collected under the benefit assessment for Drainage Area 76A will be used for maintaining basin landscaping and maintenance of the basin including its access roads. Basin maintenance will also cover silt removal, embankment repair, and other scheduled maintenance type activities. 5. ESTIMATE OF MAINTENANCE COST The annual maintenance cost for the detention basin is estimated to be: 1. General Cleanup* $7,700 2. Desilting $17,500 3. Inspection & Storm Patrol $2,800 4. Embankment & Outlet Control Structure Repair $7,000 Total Annual Maintenance Costs $35,000 Includes irrigation water. 6. BENEFIT ASSESSMENT A. Annual Maintenance Benefit Assessment: The impervious surface to be created by the subdivisions is 223 Impervious Area Units (IAU, 1,000 square feet) based on information on file in the Flood Control District office. The annual maintenance cost assigned to each IAU would be $156.95 ($35,000 divided by 223 IAU). This results in an annual levy of approximately $688 per lot. The exact levy per lot is listed in Table A. B. Annual Maintenance and Reserve Fund Benefit Assessment: To provide adequate funding for unscheduled maintenance or contingencies, it is recommended that a reserve fund equal to five times the estimated annual maintenance cost be established. This $175,000 reserve fund should be created by levying a benefit assessment of twice the annual rate, but not less than $313.90. The $313.90 annual levy per IAU would create the recommended reserve fund within a period of five years. The reserve fund would provide immediate funding for unscheduled maintenance such as: 1. Bank repair 7,100 cy @ $20.00/cy $142,000 2. Fence repair 550 If @ $19/lf $10,450 3. Landscaping repair 1,500 sf @ $5.00/sf $7,500 4. Desilt upstream pipe 5/days @ $3,000/day $15,000 TOTAL $174,950 ` • • Without the financial security provided by the reserve fund, unscheduled maintenance may not be done in a timely manner. This could result in the basin being left in an unsightly manner which could have a negative impact on adjacent dwellings. Should unscheduled maintenance or contingency charges reduce the reserve fund below the above recommended amount, the reserve should be restored by increasing the annual levy per IAU to twice the estimated annual rate. C. Maximum Assessment During a storm of unusual duration or intensity, or, during storms that closely follow each other, the detention basin and basin structures could be heavily damaged. This damage would be in addition to that requiring unscheduled maintenance as outlined under B. We estimate the cost for repair of damage due to unusual storms to be$175,000. The District appreciates the fact that the annual maximum benefit being recommended appears high, and hopes that it never has to be levied. However, to allow a lower maximum assessment may result in the inability to make repairs in a timely manner. It is recommended that the maximum benefit assessment of 3 times the estimated annual maintenance levy of $156.95 be adopted. This levy of $470.85 per IAU in conjunction with the reserve fund should be adequate to cover the cost of making this type of repair, and to repay any loans that may be required to fund the repair. The maximum maintenance shall be increased annually to account for inflation. 7. BENEFIT ASSESSMENT IMPLEMENTATION The annexation to Drainage Area 76A provide a vehicle for the maintenance of the detention basin and associated drainage structures. The annexation also provides that a levy be authorized by a vote of the various properties involved in the annexation. It is recommended that: 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) the maximum assessment to individual lots be established at 3 times the annual maintenance levy amount ($470.85 per IAU); l 4) that a levy equal to twice the annual maintenance amount be levied until a reserve fund equal to 5 times the estimated annual maintenance cost has been created, and that after the reserve fund has been depleted the annual levy be increased by the factor of two to restore the reserve fund to its recommended amount; 5) the developer shall reimburse the Flood Control District for all maintenance costs in excess of the revenue from levies assessments until such a time as 75 percent of the lots have been improved and these lots are paying the annual assessment; and 6) that a vote of the property owners involved in the annexation be held to allow a maximum benefit assessment of$470.85 per IAU to be adopted. g,WdcMworkWngineer rpt Form 1024.16 DETERMINATION THAT AN ACTIVITY IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FILE NO. 0651-61-0072 CP NO. 95-43 WO# L072 ACTIVITY NAME: Drainage Area 76A Annexation DATE: June 7, 1995 PREPARED BY: Janet Frattini This activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3)of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. DESCRIPTION OF THE ACTIVITY: The purpose of the activity is to annex approximately 60 acres of open space and 51 lots created by Subdivision 7633 into the boundary of Drainage Area 76A (Figures 1 & 2). Conditions of Approval required the developer of Subdivision 7633 to excavate a detention basin. The annexation will provide funds to maintain the detention basin. LOCATION: Drainage Area 76A is located in the south county area of Walnut Creek. REVIEWED BY: DATE: r Vickie Germany, Environmental Planner APPROVED By-i���� DATE. Community Development R resentative c:WeterminWaMa.det (form revised 4/13/95) FIGURE2E 1 a 0 L (0*5 W Ile0 U_ Qz < .� © LL Q _ v Q < W W 0�1 77 0. p V V Q o o ¢ tW- Q '- J L• � J a W Lz L ) LLJ 7 z C� < �..- cn �� Ci -' w cLi Q G1 L•1. Li V _ _! C G - z C. V ( ; �-' Cpn1 dD F'(? 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Bragdon Community Contra Director of Community Development Development Costa Department County Administration Building County 651 Pine Street 4th Floor, North Wing Martinez, California 94553-0095 Phone: 646-4202June 13, 1995 _ s�"i•cdusi` County File #CP 95-43 Attention: Public Works Department Janet Frattini - Design Division Dear Applicant: The Contra Costa County Community Development Department has completed an initial study of the environmental significance of the project represented by your pending application bearing County File Number CP 95-43(Drainage Area 76A Annexation). In conformance with Contra Costa County Guidelines for implementing the California Environmental Quality Act of 1970 (CEQA), it has been determined that your project will not have a significant effect on the environment. Your project falls within the following category: () AN ENVIRONMENTAL IMPACT REPORT (EIR) .IS NOT REQUIRED. ( ) The project is categorically exempt (Class ). ( ) The CEQA requirements are accommodated by the EIR previously prepared for ( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has been filed by the Community Development Department [unless appealed]). {.� Other: General Rule of Applicability (Section 15061(b)(3)) ( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED. ( ) The complexity of your project requires your submission of additional special reports or information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter). ( ) A consultant will be hired to prepare the environmental impact report. This procedure is explained on the attached sheet. Preparation of the EIR cannot be started until the fee and additional information requested is received by the Community Development Department. If you have questions concerning this determination or desire additional information relative to environmental impact report regulations, please call (510) 646-2093 and ask for Dennis Barry- Sincerely yours Harvey E. Bragdon Director of Community Development By: :gms shat CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption Contra Costa County Community Development Department 651 Pine Street, 4th Floor - North Wing, McBrien Administration Building Martinez, CA 94553-0095 Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept. Project Description, Common Name (if any) and Location: DRAINAGE AREA 76A ANNEXATION County File #CP 95-43: The purpose of the activity is to annex approximately 60 acres of open space and 51 lots created by Subdivision 7633 into the boundary of Drainage Area 76A. Conditions of Approval required the developer of Subdivision 7633 to excavate a detention basin. The annexation will provide funds to maintain the detention basin. Location: Drainage Area 76A is located in the south County area of Walnut Creek. This project is exempt from CEOA as a: _ Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section _ Declared Emergency (Sec. 15269(a)) _/ General Rule of Applicability(Section 15061(b)(3)) Emergency Project (Sec. 15269(b) or (c)) Categorical Exemption, Class_ Section for the following reason(s): The project will not have a significant effect on the environment. It can be seen with certainty that there is no possibility that the activity may have a significant adverse effect on the environment. Date: By: Community Development Department Representative AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: County Public Works Department Department of Fish and Game Fee - Exempt 255 Glacier Drive Martinez, CA 94553 County Clerk Fee $25 Due Receipt # Attn: Janet Frattini 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 June 27, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson, Bishop NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 95/ 299 (West's Wat. Code App., Sections 63-12.6; Gov. Code, Sections 54701-54718 SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage Area 76A and Adoption of Annual Benefit Assessments. Alamo area. The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, RECITES as follows: Section 12.6 of the Contra Costa County Flood Control and Water Conservation District Act (West's Wat. Code App., Sections 63-12.6 and 63-12.7; referred to as the "Act") provide authority for the Board to conduct proceedings for the annexation of parcels or tracts of land to an existing drainage area. The Benefit Assessment Act of 1982 (Gov. Code, Section 54701-54718) provides authority for the Board to propose for adoption annual benefits assessments for the purpose of financing the maintenance and operation costs of drainage and administration, as well as the cost of installation and improvement of drainage and flood control facilities. 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 of the drainage and flood control services provided to the parcels. The developers of Subdivision 7633 have requested that the proceeding for the annexation and adoption of annual benefit assessments be instituted by the Board for the parcels described in Exhibit "A" attached hereto. The Board has before it for consideration the above described petition, the boundary map and the engineer's report entitled Engineers Report for Annexation 42 to Contra Costa County Flood Control&Water Conservation District Drainage Area 76A Said documents, which describe the area proposed to be annexed and which provide an_estimate of the current annual maintenance and operation costs of the drainage and flood control services and the amounts of the proposed assessments, are on file with and may be examined at the Office of the Clerk of the Board of Supervisors, Administration Building, 651 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 as 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 Act (West's Wat. Code App., Section 63-12.6). It is proposed that the real property described in Exhibit "A" attached hereto be annexed to Drainage Area 76A, that the drainage area boundaries be changed accordingly, and that annual benefit assessments be levied against the real property described in Exhibits A attached hereto, as set forth in the above described engineer's report. •• • Notification of Hearing to Consider Annexation to Flood Control District Drainage Area 76A June 27, 1995 Page Two At 9:45 a.m. on July 25, 1995, in the Chambers of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California, this Board will conduct a public hearing on the proposed annexation and change in drainage area boundaries, this Board will consider and act upon the Negative Declaration, will hear all persons interested in or affected by the proposed change in the drainage area boundaries, will hear all relevant evidence for or against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. The Clerk of the Board is DIRECTED to publish a Notice of Public Hearing, in the form attached hereto pursuant to West's Water Code 63-11 the Act and Government Code Section 54716 and 6066, once a week for two (2)consecutive weeks prior to the hearing, with at least five (5) days intervening between the respective publication dates not counting such publication dates, in the Contra Costa Times, a newspaper of general circulation in the drainage area. Publication shall be completed at least seven (7) days before said hearing. The Clerk of the Board is also DIRECTED to send a copy of this resolution to the Contra Costa Times at least twenty (20) days before the date of said hearing. I hereby terry 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: 7 , ,? - PHIL 'TCHELOR,Clerk of the Board of Supervisors and County Administrator CBy .Deputy RB:mg g:\fldctl\fcbo\hearann.t6 Orig. Dept.: Public Works (FC) cc: 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 RESOLUTION NO. 95/ 299 Drainage Area 76A Annexation No. 2 Boundary Description C.C.C.F.C. & W.C.D. File: 3076A-14 EXHIBIT "A" Real property in an unincorporated area of Contra Costa County, California, being a portion of Section 5, Township 1 South, Range 1 West, Mount Diablo Meridian, also being a portion of PARCEL"A" of Subdivision MS 20-82 filed March 14, 1983 in Book 105 of Parcel Maps at page 13, records of said county, described as follows: Beginning on the south line of Section 5 at the southeast corner of said PARCEL "A"; thence from the Point of Beginning along the boundary of PARCEL "A" as follows: 1) north 15°21'43" east 467.81 feet, 2) north 5'22'01" east 672.01 feet, 3) north 76'49'30" west 2,612.19 feet, and 4) south 3'49'04" west 1,482.40 feet; thence leaving said boundary, north 88°32'40" east 90.00 feet; thence south 6°42'05" east 299.99 feet to the south line of Section 5 and PARCEL "A"; thence along said south line, north 88°32'40" east 2,331.13 feet, to the Point of Beginning. Containing an area of 84.245 acres of land, more or less. Bearings are based on the California Coordinate System Zone III (CCS27). LH:kd g:\C1erica1\Exhibits\DA76A.Exh TABLE A LOT:SYZE IAU ANNUAL ANNUAL MAXIMUM......................... IN SQUARE FEET IMPERVIOUS MAYNTENANCE MAINTENANCE ANNUAL .. .::RESERVE ASSESSMENT. ...:N :A A SSESSMENT(I? BENEW LIMIT ASSESSMENT: 10,000-13,999 3.59 $563.45 $1126.90 $1690.35 14,000-19,999 4.19 $657.62 $1315.24 $1972.86 20,000-29,999 5.18 $813.00 $1626.00 $2439.00 30,000-39,999 6.43 $1009.19 $2018.38 $3027.57 (1)Annual assessment based on annual assessment rate of$156.95 per IAU. It is recommended the maximum benefit assessment listed in the right hand column be submitted to the residents/owners for adoption by vote. Based on the final maps that have been filed,Drainage Area 76A includes the following lot sizes and number. LOT;SIZE AFFE:GTEI)LOT NYIMBEI2' TOTAL LOTS IN SQUARE FEET "' 10,000-13,999 30, 39, 40, 47 4 (3.59 IAL) 14,000-19,999 1,2,5 thru 7, 11 thru 17, 20, 21, 24 thru 26, 29, 31 thru 36 (4.19-IAL) 38, 41 thru 46, 48 thru 51 20,000-29,979 3, 4, 8, 9, 10, 18, 19, 23, 27, 28 10 (5.18 IAU) 30,000-39,999 22 1 (6.43 IAU) g:Wdahworkltablea ENGINEER'S REPORT FOR ANNEXATION #2 OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 76A PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 MAY 1995 1. RECOMMENDATION It is recommended that the Board of Supervisors authorize Annexation Number 2 to Drainage Area 76A and that a benefit assessment pursuant to the Benefit Assessment Act of 1982, government code sections 54701 through 54718 be adopted for the area to be annexed. 2. DRAINAGE AREA LOCATION AND DESCRIPTION Drainage Area 76A formed on December 1, 1987, is located northeast of the intersection of Miranda Avenue and Livorna Road in the unincorporated area of Alamo. The site is bounded on the west and north by the City of Walnut Creek and on the east by the East Bay Regional Park District. A boundary description of the proposed area to be annexed is attached as Exhibit "K. 3. REASONS FOR THE ANNEXATION The area of the proposed annexation consists of 84.24 acres of land which includes one subdivision. The subdivision will create 51 single family residential parcels that vary in size from about 13,590 SF to about 38,620 SF and approximately 60 acres of open space. The impervious surface created by the subdivision will decrease storm water infiltration into the soil and increase the storm water runoff rate. If the increased flow is allowed to drain into Miranda Creek without some form of mitigation, there is a potential that the capacity of the creek would be exceeded and flooding will occur. As a mitigation measure, the developer has excavated a detention basin within the area to regulate the storm water flowing into Miranda Creek. The detention basin requires annual maintenance to ensure that it operates as designed. It is, therefore, equitable in the opinion of the Flood Control District that all properties benefiting by the existence of the detention basin pay a fair share toward its annual maintenance. It is, therefore, the recommendation of District staff that subdivisions and other developments that will increase the storm water flow to Miranda Creek be annexed to Drainage Area 76A and have the benefit assessment levied. The annexation to Drainage Area 76A provides a legal entity under which the benefit assessment for maintenance of the detention basin can be levied, after a vote has been taken. 4. FACILITIES TO BE MAINTAINED Funds collected under the benefit assessment for Drainage Area 76A will be used for maintaining basin landscaping and maintenance of the basin including its access roads. Basin maintenance will also cover silt removal, embankment repair, and other scheduled maintenance type activities. 5. ESTIMATE OF MAINTENANCE COST The annual maintenance cost for the detention basin is estimated to be: 1. General Cleanup * $7,700 2. Desilting $17,500 3. Inspection & Storm Patrol $2,800 4. Embankment & Outlet Control Structure Repair $7,000 Total Annual Maintenance Costs $35,000 'Includes irrigation water. 6. BENEFIT ASSESSMENT A. Annual Maintenance Benefit Assessment: The impervious surface to be created by the subdivisions is 223 Impervious Area Units (IAU, 1,000 square feet) based on information on file in the Flood Control District office. The annual maintenance cost assigned to each IAU would be $156.95 ($35,000 divided by 223 IAU). This results in an annual levy of approximately $688 per lot. The exact levy per lot is listed in Table A. B. Annual Maintenance and Reserve Fund Benefit Assessment: To provide adequate funding for unscheduled maintenance or contingencies, it is recommended that a reserve fund equal to five times the estimated annual maintenance cost be established. This $175,000 reserve fund should be created by levying a benefit assessment of twice the annual rate, but not less than $313.90. The $313.90 annual levy per IAU would create the recommended reserve fund within a period of five years. The reserve fund would provide immediate funding for unscheduled maintenance such as: 1. Bank repair 7,100 cy @ $20.00/cy $142,000 2. Fence repair 550 If @ $19/lf $10,450 3. Landscaping repair 1,500 sf @ $5.00/sf $7,500 4. Desilt upstream pipe 5/days @ $3,000/day $15,000 TOTAL $174,950 Without the financial security provided by the reserve fund, unscheduled maintenance may not be done in a timely manner. This could result in the basin being left in an unsightly manner which could have a negative impact on adjacent dwellings. Should unscheduled maintenance or contingency charges reduce the reserve fund below the above recommended amount, the reserve should be restored by increasing the annual levy per IAU to twice the estimated annual rate. C. Maximum Assessment During a storm of unusual duration or intensity, or, during storms that closely follow each other, the detention basin and basin structures could be heavily damaged. This damage would be in addition to that requiring unscheduled maintenance as outlined under B. We estimate the cost for repair of damage due to unusual storms to be $175,000. The District appreciates the fact that the annual maximum benefit being recommended appears high, and hopes that it never has to be levied. However, to allow a lower maximum assessment may result in the inability to make repairs in a timely manner. It is recommended that the maximum benefit assessment of 3 times the estimated annual maintenance levy of $156.95 be adopted. This levy of $470.85 per IAU in conjunction with the reserve fund should be adequate to cover the cost of making this type of repair, and to repay any loans that may be required to fund the repair. The maximum maintenance shall be increased annually to account for inflation. 7. BENEFIT ASSESSMENT IMPLEMENTATION The annexation to Drainage Area 76A provide a vehicle for the maintenance of the detention basin and associated drainage structures. The annexation also provides that a levy be authorized by a vote of the various properties involved in the annexation. It is recommended that: 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) the maximum assessment to individual lots be established at 3 times the annual maintenance levy amount ($470.85 per IAU); 4) that a levy equal to twice the annual maintenance amount be levied until a reserve fund equal to 5 times the estimated annual maintenance cost has been created, and that after the reserve fund has been depleted the annual levy be increased by the factor of two to restore the reserve fund to its recommended amount; 5) the developer shall reimburse the Flood Control District for all maintenance costs in excess of the revenue from levies assessments until such a time as 75 percent of the lots have been improved and these lots are paying the annual assessment; and 6) that a vote of the property owners involved in the annexation be held to allow a maximum benefit assessment of$470.85 per IAU to be adopted. g.WdctAworklengineer.rpt x 3C7 7Q HCl> —.1-. . m CD CD 1 -u 0 1 z C: M C) r 0z 00 Co 70 1 cz:Cal): co 10 C') =3 C: — ON C-) K C) CD - iz "Ji cu -M C) 0--1 U) (D 0 Z M rt z -0 C) C M C: C') C> C) C') =3 CD =ro co Z (D ::j0 S CD w m 0 M (n N (D Ft " cn M- cr CD G)Cl) z I I JV 0 cf)C C (D CD VJ C. =(I) cn m Q 3 (D m m CD 3 W CD 0 0 0 =r =3 lz Z -P- 0 w }++h -n m U) ul 10 SI) 0 D) --4 0 C.) 0 ul z z N �:l (D a,\ g — cn N 30 C: > =r a: Z CD c CL= 3 1 (D K CD cl > CD m C:M M MM Im DO cr ON z r-.G) M I-d :--I M 4c M > 0 i�!"� I' C:M < , :3 -u-n M CD Tr m '-'k�j 0 9 r-rii M C > > ;F �3 H. m U) x C. r- T C: Cg rt �-q X CA D z mF m 0>;mo ,4 0 K >z LO) CA co m Fn C'J— m cm C, �v 10 t-j (D mm Z F) W CD r G)-< M H. 1� M M 0 C.) m cn C') ID 0 rt -u C/) to " 0 0 c C" (D w o m �4 a z w m (D C) 0 '�4 C-)<m >1 ca tj rt 0 :0 0 0 z m < 0 SD ca 0 m c: 0 04 cn!� > *0 m i C-t (D �3 0 F-3 0 - -u Z5 1. 2.`F- 0 I-1 z C: cn "0 �3 C-t C-) Cl) 0 m =3 '0 0 �j < C m m z cn cr 0 — 0 OIQ (MD C/) z 1:3 F-h (D 0 w �t 0 FJ0 w 0 CD (DC-) �j m m z 0 (D w io (D(D W K rt l(D m eX- w 0. I z > rt 00 m r- n H. m C: z "o cn ON 0 z I0 Ul 9 m z > C: > > �m z C: K T x G)M co M) O-::! M:ll C) z z 0 C/) m co cn 0-p 0M 0 C') D :C)C m m 0 -1 0 m 0 -0 M 0 c -I z > m z C/) :10 C m m 0 z z (D r m X m z z 0 0 0 (D > F-h -u m m z P. :E) -0 0 0 rt > 0 I z c c Ft 0 m 0 m m (D 0 m m cn m i G) i m X W rt 0 0 CO cn td W c 0 m ca w (15 N " 9 C-)-, 0 0 5 w 00 Cn 0 CD F- T m m K) v > > > I CO z C:M co co> >1 m rn 0 m 0 00 z m O D C) > In 3 Cf) 0, < LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, has set 9:45 a.m. on July 25, 1995 in its chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing on proposed Annexation No. 2 to Drainage Area 76A and the proposed levy of benefit assessments for the area being annexed under the provisions of the Contra Costa County Flood Control and Water Conservation District Act and the Benefit Assessment Act of 1982, respectively. The above-described hearing concerns the annexation to Drainage Area 76A of Subdivision 7633, located at the easterly terminus of Livorna Road. A precise description is contained in the boundary description. The boundary map, a boundary description of the area, and engineer's report have been prepared for the proposed annexations. These documents have been filed with the Clerk of the Board of Supervisors and are available for inspection at the Public Works Department Office, 255 Glacier Drive, Martinez, CA 94553. At the public hearing,the board will hear all persons interested in or affected by the proposed change in the drainage area boundaries,will hear all relevant evidence for or against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. All persons interested in or affected by the proposed change in the drainage area boundaries may appear at the hearing and show cause why the change should not be made. At the hearing, the Board shall hear all relevant evidence for or against the petition. It is the Board's intention to levy annual benefit assessments upon the parcels proposed to be annexed. dcdlwork)nolhear46 Phil Batchelor, Clerk of the Board S�A _V C:�St�la c Deputy Clerk Dat d: D'te(s) of Publicati n: r \j\ LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, has set 9:45 a.m. on July 25, 1995 in its chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing on proposed Annexation No. 2 to Drainage Area 76A and the proposed levy of benefit assessments for the area being annexed under the provisions of the Contra Costa County Flood Control and Water Conservation District Act and the Benefit Assessment Act of 1982, respectively. The above-described hearing concerns the annexation to Drainage Area 76A of Subdivision 7633, located at the easterly terminus of Livoma Road. A precise description is contained in the boundary description. The boundary map, a boundary description of the area, and engineer's report have been prepared for the proposed annexations. These documents have been filed with the Clerk of the Board of Supervisors and are available for inspection at the Public Works Department Office, 255 Glacier Drive, Martinez, CA 94553. At the public hearing,the board will hear all persons interested in or affected by the proposed change in the drainage area boundaries,will hear all relevant evidence for or against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. All persons interested in or affected by the proposed change in the drainage area boundaries may appear at the hearing and show cause why the change should not be made. At the hearing, the Board shall hear all relevant evidence for or against the petition. It is the Board's intention to levy annual benefit assessments upon the parcels proposed to be annexed. g:Wdallworkl»othear.t6 Phil Batchelor, Clerk of the Board eputy lerk Dated: r b Date(s) of Publication: GCC PUBLIC WORKS COS Z002 06%66,195 TUE 07:38 FAX 510 313 dw >� REQUEST TO PLACE AN ITEM ON THE BOARD OF SUPERVISORS' AGENDA (Do not use this form for Planning Hearings) TO: CLERK OF THE BOARD OF SUPERVISORS FROM: lov6l i e. tda4r-s � r• / /=L o o� Q a�T,eaG STAFF MEMBER TO CONTACT FOR ADDITIONAL INFORMATION: (Name & Telephone 'Number) REQUESTED BOARD AGENDA DATE: ' a7 - S 1S THERE A CRITICAL DEADLINE FOR BOARD ACTION AND, IF SO, WHAT IS IT: X NO _YES DtAOLINE DATE. THIS IS A NOTICED HEARING: _� NO _ _ YES SUGGESTED AGENDA LANGUAGE: 0 �tT,G,� ro 2 P-A aue��1t 76A QNP THIS ITEM BELONGS IN THE FOLLOWING CATEGORY (Check One): (See attached for further definition of categories) CONSENT: No discussion, no speakers, no opposition. _ PRESENTATION - Brief: mess than five minutes. PRESENTATION - Longer: More than five minutes. Estimated amount of time required_ (Name of person making presentation) SHORT DISCUSSION: Less than five minutes. DELIBERATION: Longer thaw five minutes. Estimated amount of time requi�red ,t 1 08i06!�95 TUE 01 :39 FAX 510 313 .333 CCC; PUBLIC; WORKS ��'� COB 2003 We expect the following (check all that are applicable): No Department presentation, no outside speakers and no controversy on the part of Board members. _ A brief (less than five minutes) presentation by a Board member to an individual or organization. A brief (less than five minutes) presentation by an outside organization to the Board. A longer (more than five minutes) presentation by a Board member to an individual or organization. A longer (more than five minutes) presentation by an outside organization to the Board. A brief presentation by the CAO or Department (one or two minutes) and no or only one outside speaker. A brief presentation by the CAC}or Department (one or two minutes), but multiple outside speakers. A brief presentation by a Board member and no or only one speaker. A lengthy presentation by the CACI or Department and one or more outside speakers. A lengthy presentation by a Board member or a presentation with multiple speakers. A difference of opinion among Board rriembers as to what to do, probably requiring considerable discussion. The likelihood that after discussion the item will be put over for a future date for a decision. O6r`O6 95 31 CCC PUBLIC WORKS 444 COB Q001 TUE 07:37 FAX 510 Contra Costa County J.Michael wa+crd ex officio Chief Engineer CONTROL t t Milton F.Kubicek.oeputy Chief & Water Conservation District 255 Glacier Drive,Martinez,CA 94553-4897 Telephone:(415)313-200 FAX:(415)313-2333 FAX TRAi.NSWITA L (510) 313-2333 DATE: 95" TIME: BY: r5� T4: ANn! 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