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HomeMy WebLinkAboutRESOLUTIONS - 07112017 - 2017/246 ENGINEER’S REPORT FOR ANNEXATION No. 4 TO CONTRA COSTA 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, CA 94553 June 15, 2017 1. RECOMMENDATION: It is recommended that the Board of Supervisors authorize Annexation No. 4 to Drainage Area 76A and that the benefit assessments pursuant to the Benefit Assessment Act of 1982, Government Code Sections 54703 through 54720, inclusive, be adopted for the area to be annexed. 2. DRAINAGE AREA LOCATION: Contra Costa County Flood Control and Water Conservation District (District) Drainage Area 76A, formed on December 1, 1987, per Board of Supervisors Resolution No. 87/726 is located northeast of the intersection of Miranda Avenue and Livorna Road in the unincorporated area of Alamo. The specific location of the areas to be annexed are described in Exhibit A and shown in other exhibits on file for Minor Subdivision 16–0004 in the Engineering Services division of the Public Works Department. 3. ANNEXATION AREA: The proposed annexation consists of two lots within Minor Subdivision 16-0004 that contain approximately one acre. One parcel is 39,033 sq. ft. and the other parcel is 23,708 sq. ft. 4. REASON FOR ANNEXATION: On December 1, 1987, Drainage Area 76A was established to provide a legal entity under which benefit assessments could be levied for maintenance of two detention basins. The basins were constructed because the creation of new impervious surface on previously undeveloped land downstream of the basins was expected to increase flows into Miranda Creek. The basins regulate stormwater flowing into the creek in order to mitigate the possibility of flooding. Minor Subdivision 16-0004 benefits from this flood protection. Like all man-made facilities, the detention basins require annual maintenance to ensure that they operate as designed. It is, therefore, equitable in the opinion of the District that all properties benefitting by the existence of the detention basins pay a fair share toward their annual maintenance. Therefore, District staff recommends that subdivisions and other developments that will increase the stormwater flow to Miranda Creek channel 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 and storm drains can be levied, after a vote has been taken. 5. FACILITIES TO BE MAINTAINED: Monies collected will be used for the maintenance of the detention basins and operation of the Drainage Area. Maintenance will include, among other things, silt removal, bank repair, landscaping, irrigation water, and weed removal. 6. ESTIMATE OF ANNUAL COSTS: The fiscal year 2017–18 maintenance budget for the basins is approximately $103,700. A breakdown of these costs is as follows: A. Structure maintenance $ 4,200.00 B. Sediment removal $20,000.00 C. Vegetation management $20,300.00 D. Inspection and investigation $59,200.00 Estimated Total Annual Costs $103,700.00 7. ANNUAL BENEFIT ASSESSMENT: The Annual Benefit Assessment to be assigned to each of the parcels of the area to be annexed should be based upon its prorated share of the stormwater runoff. Its proportional share is determined by the amount of impervious area to be created on each parcel. Attached is Table A, which is a summary of the two parcels to be annexed to Drainage Area 76A. Table A also indicates the impervious area to be created by each parcel of land. The table indicates that the parcels to be created will generate a total of an additional 11.61 impervious area units (IAU). Each IAU is 1,000 sq. ft. of impervious area. 8. BENEFIT ASSESSMENT IMPLEMENTATION: The annexation to Drainage Area 76A provides funding 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. Staff recommends that: 1) all new parcels be assessed in the fiscal year following the filing of the parcel/final map; 2) all existing parcels of land containing impervious areas be assessed in the fiscal year following the filing of the final map; and, 3) that a vote of the property owners involved in the annexation be held to allow a maximum benefit assessment of $159.55 per IAU to be adopted, such maximum to be utilized in case of a need for emergency repairs to the basin and subject to annual adjustment to account for inflation (per Caltrans’ published “Price Index for Selected California Construction Items,” or equivalent). CO:cw \\PW-DATA\grpdata\fldctl\CurDev\CITIES\Alamo\MS 16-0004, 281 Livorna Heights Road\DA76A Annexation #4\MS 16- 0004 DA 76A Annexation Engr. Rpt..doc 6/15/17 Table A Drainage Area 76A Annexation No. 4 (1) Parcel Designation (2) Parcel Size (square feet) (3) Number of IAU per Parcel* (4) FY 17–18 Maintenance Cost Per IAU** (5) FY 17–18 Assessment (Col. 3 x Col. 4) (6) Maximum (Emergency) Assessment*** (Col. 3 x $159.55) Lot 1 MS 16-0004 39,033 6.43 $90.62 $582.72 $1025.91 Lot 2 MS 16-0004 23,708 5.18 $90.62 $469.44 $826.47 MS 16-0004 total 11.61 Current DA 76A IAU 1533.22 New DA 76A IAU 1544.83 Notes: * Source: Average Impervious Surface Amounts, Report on Impervious Surface Drainage Fee Ordinance, January 5, 1982, Table 8. ** Maintenance Cost per IAU = Total Maintenance Cost of $103,700 / Total number of IAU’s. *** Maximum Assessment determined by adjusting the maximum assessment approved in DA 76A formation document ($65.07) by Caltrans “Price Index for Selected California Construction Items” to current year, resulting in $159.55. Maximum assessment value is updated annually. EXHIBIT “B” 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 9:30 a.m. on August 15, 2017 in its chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing on proposed Annexation No. 4 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 Minor Subdivision 16-0004 located in the unincorporated Alamo area. Precise descriptions are contained in the boundary descriptions. The boundary maps, boundary descriptions of the areas, and engineer’s report have been prepared for the proposed annexation. 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 and 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 and against the petition. It is the Board’s intention to levy annual benefit assessments upon the parcels proposed to be annexed. G:\fldctl\CurDev\DA Annexations\DA 76A MS16-0004\Set Hearing\Legal Notice Mst.-Exhibit B.doc EXHIBIT C Annexation of Minor Subdivision 16-0004 into the Contra Costa County Flood Control and Water Conservation District Drainage Area 76A Assessment Assessment Ballot Annexation of: Minor Subdivision 16-0004 Record Owners: Cherl and Gary Spitz Address: 281 Livorna Heights Rd. Alamo, CA 94507 ______ Yes, I approve of both the proposed annual assessment of $90.62 per IAU and the maximum annual assessment of $159.55 per IAU on each of the parcels identified in this ballot. ______ No, I do not approve of either the proposed annual assessment of $90.62 per IAU or the maximum assessment of $159.55 per IAU on each of these parcels. . _______________________________________ Cherl I. Spitz _______________________________________ Gary K. Spitz _________________ Date G:\fldctl\CurDev\DA Annexations\DA 76A MS16-0004\Assessment Ballot Packet\Ballot-Exhibit C.doc