HomeMy WebLinkAboutMINUTES - 12011987 - T.2 TZ
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Ord6r on December 1 , 1987 by the following vote :
AYES : Supervisors Powers , Fanden, Schroder, Torlakson $ McPeak
NOES : None
ABSENT: None
ABSTAIN : None
RESOLUTION NO.87/726
(West' s Water Code App.
Ch . 63 , Sec . 12 .2 and 12 .3)
Government Code Section 54715
SUBJECT : Establishment of Drainage Area 76A , Alamo Area . Project
No . 7505-6F8188
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 October 27 , 1987 , this Board set a public hearing
proposing to establish Contra Costa County Flood Control and
Water Conservation District Drainage Area 76A , consisting of that
real property described in Exhibit "A" , attached hereto .
On December 1 , 1987 , pursuant to the Board ' s resolution of
October 27 , 1987 , this Board held a hearing on the question of
the establishment of said drainage area and adoption of benefit
assessments . At the time and place fixed for said hearing before
this Board , all written and oral objections presented concerning
the proposed actions were considered .
This Board FINDS that any valid written protests filed do
not represent more than one- half of the assessed valuation of
real property contained in proposed Drainage Area 76A.
It appears from the affidavits of publication on file with
this Board that all notices required to be given for such a
hearing have been duly and regularly given and all procedures
have been followed in accordance with Sections 11 and 12 . 3 of the
Contra Costa County Flood Control and Water Conservation District
Act .
This Board has received no resolution or ordinance adopted
by an affected city requesting the exclusion of territory from
proposed Drainage Area 76A .
This Board hereby DETERMINES that it can be seen with
certainty that there is no possibility that the formation of
Flood Control District Drainage Area 76A may have a significant
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 .
This Board hereby FINDS that good cause exists for the
establishment of Drainage Area 76A and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 76A is ESTABLISHED , consisting of the real property
described in Exhibit " A " attached hereto and that the benefit
assessment as set forth in the engineer ' s report attached hereto
are adopted . (Exhibit "B")
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this project .
Government Code Section 54701-54718 ( Benefit Assessment Act
RESOLUTION NO. 87/ 726
of 1982 ) provide for the adoption of annual benefit assessments
for drainage or flood control services , for the establishment of
zones or areas of benefit , and for the levy of annual assessments
against real property to which such services may be made
available .
The Chief Engineer has previously filed with the Clerk of
the Board the written report required by Government Code Section
54716 proposing the adoption of annual assessments for drainage
or flood control services to be levied against the real property
described in said report and the aforementioned Exhibit "A" .
This Board hereby APPROVES said report , ESTABLISHES an area of
benefit corresponding with the real property described in Exhibit
"A" attached hereto and PROPOSES the adoption of the annual
assessments described in the Engineer' s Report attached hereto .
This Board hereby DIRECTS that the County Clerk ( Elections
Clerk ) take all . steps necessary to conduct the election required
by Government Code Section 54717 . 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 .
The annual assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54715 shall take
effect upon the certification by the County Clerk ( Elections
Clerk ) that a majority of the voters have duly approved the
proposed assessments , as required by Government Code Section
54717 . The annual 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 ) the maximum assessment to individual lots be
established at 3 times the annual maintenance levy amount ( $65 . 07
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 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 levied assessment until such a time
as 75 percent of the lots have been improved and these lots are
paying the annual assessment . The annual assessment shall be
increased annually to account for inflation .
I hereby ces tity that this is a true and correct ccpy e;
an action taken and entered on the rzicutes of the
Board of Supervisors on the da:o sf.ovrn.
ATTESTED: QFr 1 1987
PHIL BATCHELOR, Cicrk cf the ftn,-d
of Supervi ora enc+ Cow:yy Ad:rinic rafor
c , Deputy
Orig, Dept : Public Works (FCE) By
cc : County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Accounting
Engineering Services
S . Mellema , P . O . Box 218
Danville , CA 94526-0218
County Clerk-Elections
RESOLUTION NO . 87/ 726
Dick Striegel , 1150 Burnett Avenue , #D
Concord , CA 9476A
Citation Homes ,
P . O . Box 2359
San Leandro , CA 94577
City of Walnut Creek
John Moore , Signature Property
SC : sj
BO : DA76AEst . t9
RESOLUTION NO . 87/726
76
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY
OF CONTRA COSTA, DESCRIBED AS FOLLOWS:
BEING ALL OF THAT CERTAIN "SUBDIVISION 6743 "STONEGATE UNIT 1" PORTION OF
RANCHO SAN MIGUEL AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 6 , T. 1S. , R. 1W. , M.D.B.& M. AND PORTION OF PARCEL B AND A OF
M.S. 48-70 AS SHOWN ON 72 L.S.M. 4" , FILED JUNE 19TH, 1987 IN BOOK 313 OF
MAPS AT PAGE 28 , CONTRA COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF PARCEL "A" , OF SAID
SUBDIVISION 6743 (313 MAPS 28 ) ; THENCE ALONG THE EXTERIOR BOUNDARY AS
FOLLOWS: NORTH 70'059 ' 27" WEST, 3433 . 96 FEET; THENCE SOUTH 0'02 ' 31" WEST,
99 . 98 FEET; THENCE NORTH 69°15 ' 29" WEST, 23 . 95 FEET; THENCE NORTH
63034 ' 29" WEST, 27. 01 FEET; THENCE NORTH 89017 ' 29" WEST, 60 . 49 FEET;
THENCE SOUTH 83011131" WEST, 92. 08 FEET; THENCE SOUTH 81012 ' 31" WEST,
39 . 03 FET; THENCE NORTH 75037129" WEST, 58 . 29 FEET; THENCE SOUTH
73003 ' 31" WEST, 49 . 57 FEET; THENCE NORTH 84°21 ' 29" WEST, 56 . 91 FEET;
THENCE SOUTH 81036 ' 31" WEST, 171 . 19 FEET; THENCE SOUTH 50024 ' 31" WEST,
110 .72 FEET; THENCE SOUTH 74020131" WEST, 124 . 68 FEET; THENCE SOUTH
. 66030 ' 31" WEST, 512. 04 FEET; THENCE SOUTH 60'02 ' 31" WEST, 395 . 95 FEET;
THENCE SOUTH 71022101" WEST, 37.76 FEET; THENCE NORTH 27027 ' 29" WEST,
60 . 72 FEET; THENCE NORTH 71°22 ' 01" EAST, 9 . 32 FEET TO THE BEGINNING OF A
TANGENT 200. 00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID 200 . 00
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 30006 ' 45" , AN ARC LENGTH OF
105 . 11 FEET; THENCE NORTH 41015 ' 16" EAST, 239 . 54 FEET TO A TANGENT 400 . 00
FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID 400 . 00 FOOT CURVE
THROUGH A CENTRAL ANGLE OF 12049 ' 45" , AN ARC LENGTH OF 89 . 56 FEET; THENCE
NORTH 54005 ' 01" EAST, 449. 98 FEET; THENCE NORTH 27003 ' 43" EAST, 155 . 87
FEET; THENCE NORTH 03059 ' 00" WEST, 83 . 67 FEET; THENCE NORTH 76059 ' 29"
WEST, 219 . 45 FEET; THENCE NORTH 21053 ' 15" WEST, 3423 . 26 FEET; THENCE NORTH
73016 ' 01" EAST, 4566 . 44 FEET; THENCE SOUTH 13051 ' 48" EAST, 5687. 22 FEET TO
THE POINT OF BEGINNING.
J
ENGINEER'S REPORT
FOR
THE ESTABLISHMENT
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
rF:l L E D 47 1987
August, 1987 r,, -'o;'O SU ERVI;OasRn Si CO, .. 0, ul•
0
D
1. Recommendation
It is recommended that Contra Costa County Flood Control and Water
Conservation District Drainage Area 76A be established and that benefit
assessments pursuant to Government Code Sections 54701 through 54718 be
adopted.
2. General
Drainage Area 76A will be a benefit assessment district to collect
funds to maintain the detention basins that will be constructed to
mitigate increased runoff which will occur due to the development of
Subdivisions 6743, 6884, 6885, and 6917, previously called Bogue Ranch,
in Alamo.
3. Drainage Area Location and Description
Proposed Drainage Area 76A 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 drainage area is attached as Exhibit "A".
The exact location is shown on Contra Costa County Flood Control and
Water Conservation District Drawing No. D-12573.
The area of the proposed drainage area consists of 441 acres of land
contained within the four subdivisions that comprise Bogue Ranch .
(Tracts 6743, 6884, 6885, and 6917) .
4. Reasons for Drainage Area Formation
The 441 acres contained within Bogue Ranch will be subdivided into 202
single family lots. This activity will result in the construction of
about 40 acres of impervious surface. This impervious surface area
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 two detention
basins within the area to regulate the storm water flowing into Miranda
Creek. The surface area of each basin is about 2.0 acres.
The purpose of establishing Drainage Area 76A is to create a .legal
entity under which a benefit assessment for the maintenance of the
detention basins can be levied.
5. 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
2
including its access roads. Basin maintenance will also cover silt
removal , embankment repair, and other scheduled maintenance type
activities.
6. Estimate of Maintenance Cost
The annual maintenance cost for the two detention basins area estimated
to be :
1. General Cleanup* $ 4,400
2. Desilting $10,000
3. Inspection & Storm Patrol $ 1 ,600
4. Embankment & Outlet Control
Structure Repair $ 4,000
Total Annual Maintenance Costs $20,000
* Includes irrigation water.
7. Benefit Assessment
A. Annual Maintenance Benefit Assessment:
The impervious surface to be created by the subdivisions is 922
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 $21.69
($20,000 divided by 922 IAU) . This results in an annual levy of
approximately $91 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
$100,000 reserve fund should be created by levying a benefit
assessment of twice the annual rate, but not less than $43.38.
The $43.38 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 6,000 cy @ $15.00/cy $ 909000.00
2. Fence repair 300 if @ $10.00/lf 3,000.00
3. Landscaping repair 1500 sf @ $2.00/sf 3,000.00
4. Desilt upstream pipe 5/days
@ $1000.00/day $ 5,000.00
TOTAL $100,000.00
3
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 basins 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 $200,000.
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 $21.69 be. adopted. This
levy of $65.07 per IAU in conjunction with the reserve fund should
be adequate to cover the cost of making this type of repair, to
repay any loans that may be required to fund the repair.
The annual assessment shall be increased annually to account for
inflation.
8. Benefit Assessment Implementation
It is recommended that Drainage Area 76A be formed to provide a vehicle
for the maintenance of the detention basins constructed as part of
Subdivisions 6743, 6884, 6885 , and 6917. Because of the phased
development, an equitable interim solution must be adopted to control
the amount of assessment and to compensate for any funding shortfall .
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 ($65.07 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 the annual levy be increased by the factor of two to
restore the reserve fund to it recommended amount; 5) the developer
shall reimburse the Flood Control District for all maintenance costs in
4
excess of the revenue from levied assessment until such a time as 75
percent of the lots have been improved and these lots are paying the
annual assessment.
SC:sj
RSC:da76Aengrpt.tl0
5
i
TABLE A
ANNUAL
ANNUAL MAINTENANCE &
_ I .A.U. MAINTENANCE RESERVE FUND
LOT SIZE IMPERVIOUS BENEFIT BENEFIT MAXIMUM ANNUAL
IN SQUARE FEET AREA UNITS ASSESSMENT (1) ASSESSMENT ASSESSMENT LIMIT
81000 - 90999 3.23 $ 70.06 $ 140.12 $ 210.18
109000 - 13,999 3.59 77.87 155.74 233.61
149000 - 19,999 4.19 90.88 181.76 272.64
20,000 - 29,999 5.18 112.35 224.70 337.05
309000 - 39,999 6.43 139.47 278.94 418.41
40,000 - + - 7.71 167.23 334.46 501.69
(1) Annual assessment based on annual assessment rate of $21.69 per IAU.
It is recommend 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 numbers.
LOT SIZE IN TOTAL
SQUARE FEET AFFECTED LOT NUMBERS LOT NUMBER
81000 - 91999 Unit No. 1: 2 thru 6, 12, 14, 17, 18, 20 44
(3.23 IAU) 26 thru 30, 32 thru 35
Unit No. 2: 2, 3, 4, 6 thru 10, 129 13, 14
16 thru 29
10,000 - 13,999 Unit No. 1: 1, 7 thru 11, 13, 15, 16, 19 21
(3.59 IAU) 21 thru 75-, 31, 36
Unit No. 2: 1, 5, 119 15
14,000 - 199999 Unit No. 1: 379 40 thru 45, 47 thru 57 84
(4.19 IAU) 59 thru 62, 689 69, 709 72 thru 75, 78
thru 81, 839 86, 879 889 909 919 95
thru 107, 1109 111
•Unit No. 3: 1 , 29 3, 6 thru 14, 18, 22
thru 28, 409 41, 42, 45, 46, 50 thru 54
209000 - 29,999 Unit No. 1: 38, 39, 46, 58, 63 thru 67 , 71 29
(5.18 IAU) 76, 82, 849 85, 89, 92, 93, 94, 1089 109
Unit No. 3: 15, 16, 17 , 199 20, 21, 43, 47,
49
309000 - 39,999 Unit No. 1: 77 5
(6.43 IAU) Unit No. 3: 49 59 44
Unit No. 4: 1
40,000 + Unit No. 3: 29 thru 39, 48 19
(7.71 IAU) Unit No. 4: 2 thru 8
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY
OF CONTRA COSTA, DESCRIBED AS FOLLOWS:
BEING ALL OF THAT CERTAIN "SUBDIVISION 6743 "STONEGATE UNIT 1" PORTION OF
RANCHO SAN MIGUEL AND A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 6, T. IS. , R. 1W. , M.D.B.& M. AND PORTION OF PARCEL B AND A OF
M.S. 48-70 AS SHOWN ON 72 L.S.M. 4", FILED JUNE 19TH, 1987 IN BOOK 313 OF
MAPS AT PAGE 28, CONTRA. COSTA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF PARCEL "A" , OF SAID
SUBDIVISION 6743 (313 MAPS 28 ) ; THENCE ALONG THE EXTERIOR BOUNDARY AS
FOLLOWS: NORTH 76059 '27" WEST, 3433 .96 FEET; THENCE SOUTH 0'02 ' 31" WEST,
99 . 98 FEET; THENCE NORTH 69°15 ' 29" WEST, 23 . 95 FEET; THENCE NORTH
63034 ' 29" WEST, 27.01 FEET; THENCE NORTH 89017 ' 29" WEST, 60. 49 FEET;
THENCE SOUTH 83011 ' 31" WEST, 92.08 FEET; THENCE SOUTH 81012 ' 31" WEST,
39 . 03 FEET; THENCE NORTH 75°37 ' 29" WEST, 58 . 29 FEET; THENCE SOUTH
73003 ' 31" WEST, 49.57 FEET; THENCE NORTH 84021 '29" WEST, 56. 91 FEET;
THENCE SOUTH 81036 ' 31" WEST, 171. 19 FEET; THENCE SOUTH 50°24 ' 31" WEST,
110.72 FEET; THENCE SOUTH 74°20 ` 31" WEST, 124 . 68 FEET; THENCE SOUTH
66030131" WEST, 512. 04 FEET; THENCE SOUTH 60°02131" WEST, 395 .95 FEET;
THENCE SOUTH 71022101" WEST, 37.76 FEET; THENCE NORTH 27°27 ' 29" WEST,
60. 72 FEET; THENCE NORTH 71°22 ' 01" EAST, 9. 32 FEET TO THE BEGINNING OF A
TANGENT 200. 00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID 200 . 00
FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 30°06 ' 45" , AN ARC LENGTH OF
105.11 FEET; THENCE NORTH 41°15 '16" EAST, 239.54 FEET TO A TANGENT 400. 00
FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID 400 .00 FOOT CURVE
THROUGH A CENTRAL ANGLE OF 1204945" , AN ARC LENGTH OF 89 . 56 FEET; THENCE
NORTH 54005 ' 01" EAST, 449. 98 FEET; THENCE NORTH 27°03 ' 43" EAST, 155 . 87
FEET; THENCE NORTH 03°59 ' 00" WEST, 83 . 67 FEET; THENCE NORTH 76059 ' 29"
WEST, 219. 45 FEET; THENCE NORTH 21°53 ' 15" WEST, 3423 . 26 FEET; THENCE NORTH
73016101" EAST, 4566.44 FEET; THENCE SOUTH 13°51148" EAST, 5687. 22 FEET TO
THE POINT OF BEGINNING.
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