HomeMy WebLinkAboutRESOLUTIONS - 08221989 - 89-574 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 ToYlakson
NOES: None
ABSENT: Supervisors ,Powers 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 11, 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, 1989rResolution
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
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
0
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 SUperwisn onthe date shown.
ATTESTED. 9 2 2 1989
PHIL BATCHELOR,Clerk of the Board
of Supervisors and County Administrator
of � w .Deputy
RSC:BO:sj/dmw
DA76A.Annx1
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