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HomeMy WebLinkAboutMINUTES - 12011987 - T.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 1 , 1987 by the following vote : AYES : Supervisors Powers , Schroder , Torlakson and .McPeak' NOES : None ABSENT: Supervisor Fanden ABSTAIN : None RESOLUTION NO.87/ 716 (West' s Water Code App. Ch . 63, Sec . 12 .2 and 12 .3) Government Code Section 54715 SUBJECT : Establishment of Drainage Area 520 , Oakley Area . Project No . 7505-6F8191 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 520 , 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 520 . 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 520 . 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 520 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 5ZO and ORDERS that Contra Costa County Flood Control and Water Conservation District Drainage Area 520 is ESTABLISHED , consisting o, f 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/ 716 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 s h a 1 1 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 ( $35 . 61 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 ( not to exceed $25 ,000 as an accumulative total ) 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 . 1 hereby certify that this is a true and correct cepy,o4, an action taken and entered on the rnlnutas of Uie Board of Supervisors on she dato shown. ATTESTED: D.Ft. 1 191 PEAL BATCHEL09, Clerks ct mr, card of Supervisors and County Adm€ istrator By 1L �� ` / , Deputy Orig . Dept: Public Works (FCE) 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-Electi.bns.. RESOLUTION NO . 87/ 716 Dick Striegel , 1150 Burnett Avenue , WD Concord , CA 94520 Citation Homes , P . O . Box 2359 San Leandro , CA 94577 Hal Porter Development , P . O . Box 205 E . S . C . Santa Cruz , CA 95063 SC : sj BO : DA52OEst . t9 RESOLUTION NO. 87/716 EXHIBIT "A" THAT PORTION OF LAND IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT TRACT OF LAND DELINEATED AS SUBDIVISION 5946 ON THE MAP FILED OCTOBER 3, 1986 IN BOOK 307 OF MAPS AT PAGE 49, CONTRA COSTA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERN CORNER OF THE PREVIOUSLY DESCRIBED TRACT OF LAND (307 M 49) ; THENCE FROM SAID POINT OF BEGINNING , S 89028106" E 872.64 FEET; THENCE N 127'39" E 668.93 FEET; THENCE N 49°55'41" W 1037.82 FEET; THENCE N 89024'07" W 1189.71 FEET; THENCE S 24042'51" E 220.62 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 53049-49", HAVING A RADIUS OF 441.00 FEET, AN ARC LENGTH OF 414.33 FEET; THENCE S 11027-20" W 2.00 FEET: THENCE S 78032'40" E 120.42 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST, THROUGH A CENTRAL 4NGLE OF 53002'39". HAVING A RADIUS OF 357.00 FEET, AN ARC LENGTH OF 330.51 FEET; THENCE S 25°30'01" E 743.21 FEET. TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 35.45 ACRES, MORE OR LESS. ode ENGINEER'S REPORT FOR THE ESTABLISHMENT OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE AREA 520 PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 FILED OC► 27 1987 B PHI ATCk4ELOR CL:RK Bi�AR✓C) :L'PERVIScr. pC August, 1987 B a t+IRAi�� CUDeoyI. 1. Recommendation It is recommended. that Contra Costa County Flood Control and Water Conservation District Drainage Area 520 be established and that benefit assessments pursuant to Government Code Sections 54701 through 54718 be a'dopted. 2. General Drainage Area 520 will be a benefit assessment district to collect funds to maintain a detention basin that was designed and constructed by the developer to mitigate increased runoff which will occur due to the development of Quail Valley Estates (Tracts 5946 and 6819) in the Oakley area. 3. Drainage Area Location and Description Drainage Area 520 is located in the vicinity of the Laurel Road crossing of Marsh Creek in an unincorporated area of the County. The site is bounded on the south by Laurel Road, west by Marsh Creek, and east by the Atchison, Topeka and Santa Fe Railway. The exact location is shown on Contra Costa County Flood Control and Water Conservation District Drawing No. D-12574. A boundary description is attached as Exhibit "A". The area of the proposed Drainage Area consists of approximately 36 acres of land contained within the two subdivisions that comprise Quail Valley Estates (Tracts 5946 and 6819) . 4. Reasons for Drainage Area Formation The 36 acres contained within Quail Valley Estates will be subdivided into 231 single family lots. This activity will result in the construction of about 14.5 acres of impervious surface. This impervious surface area would decrease the storm water infiltration into the soil and increase the storm water runoff rates. If the increased flow is allowed to drain into Marsh Creek without some form of mitigation, it is possible that the capacity of the creek would be exceeded and that flooding would occur. 1. As a mitigation measure, the developer has excavated a detention basin within the area of Quail Valley Estates to regulate the storm water flowing into Marsh Creek. The surface area of the basin is about 1.5 acres. The purpose of establishing Drainage Area 520 is to create a legal entity under which a benefit assessment for the maintenance of the detention basin can be levied. 1 Kim 5. Facilities to be Maintained Funds collected under the benefit assessment for Drainage Area 520 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. 6. Estimate of Maintenance Cost The annual maintenance costs for the 1.5 acre basin are estimated to be: 1. General Cleanup* $19700 2. Desilting $3,700 3. Inspection & Storm Patrol $ 600 4. Embankment & Structure Repair $1 ,500 Total $79500 * Includes irrigation water 7. Benefit Assessment A) Annual Maintenance Benefit Assessment The impervious surface to be created by the subdivisions is 631 Impervious Area Units (IAU, 1000 square feet of impervious surface) , based on information on files in the Flood Control District offices. The annual maintenance cost assigned to each IAU would be $11.87 ($7,500 divided by 631 IAU) . This results in an annual levy of approximately $36 per lot. The exact levy per lot is listed in Table A. B) Reserve Fund 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 $37,500 reserve fund should be created by levying a benefit assessment of twice the annual rate, but not less than $23.78. The $23.78 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 2,000 cy @ $15.00/cy $ 309000.00 2. Fence repair 100 if @ $10.00/lf 10000.00 2 3. Landscaping repair 500 sf @ $2.00 sf 1,000.00 4. Desilt upstream pipe 2/day @ $1000.00/day 2,000.00 TOTAL $ 34,000.00 The bank repair volume is based on the failure of approximately 200 linear foot of the basin side slopes. The $15.00 per cubic yard of material includes placement, purchase and transport of materials. 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 amount, we recommend 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 $70,000. 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 $11.87 be adopted. This levy of $35.61 per IAU in conjunction with the reserve fund should be adequate to cover the cost of making this type of repair, or 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 520 be formed to provide a vehicle for the maintenance of the detention basins constructed as part of Subdivisions 5946 and 6819. 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 3 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 ($35.61 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 assessment. SC:pg RSC:da520.t9 4 TABLE A The number of Impervious Surface Area Units (IAU) per lot varies with the size of the lot. The norm of the IAU for lot size, based on a study by the Contra Costa County Flood Control and Water Conservation District and the benefit assessment recommended are: - ANNUAL ANNUAL I .A.0 MAINTENANCE MAINTENANCE & LOT SIZE IMPERVIOUS BENEFIT RESERVE FUND MAXIMUM ANNUAL IN SQ. FT. AREA UNITS ASSMT. 1 BENEFIT ASSMT. ASSESSMENT LIMIT 4000-4999 2.69 $31.93 $63.86 $ 95.79 5000-5999 _ 2.81 $33.35 $66.71 $100.05 6000-6999 2.93 $34.78 $69.56 $104.34 7000-7999 3.05 $36.20 $72.41 $108.60 (1) Annual Assessment based on annual assessment rate of $11.87 per IAU. It is recommended that 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, the following benefit assessment would occur: A. The above Table will result in a $108.60 benefit assessment to be levied as a maximum on three lots (Tract 5946, Lot 94; Tract 6819, Lots 9 and 47) . B. Fifteen lots would pay a maximum annual assessment of $104.34. (Tract 5946, Lots 23 and 95; Tract 6819, Lots 1,8, 10, 28, 29, 44, 45, 50, 53, 90, 91, 101 , and 106.) C. Forty-two lots would pay a maximum assessment of $100.05 (Tract 5946, lots 4, 6 12, 21, 229 249 34, 40, 49, 50, 72, 73, 74, 85, 86, 87, 93 and 97; Tract 6819, Lots 4, 5, 6, 7, 11, 30, 32, 46, 48, 49, 51, 52, 54, 55, 58, 83, 849 89, 91, 92, 93, 94, 105, 112, and 113.) D. The remainder of the lots would pay a maximum benefit assessment of $96.79. The Final Maps that have been filed contain 171 lots in the 4000-4999 square foot bracket. 5 EXHIBIT "A" THAT PORTION OF LAND IN THE COUNTY OF CONTRA COSTA. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT TRACT OF LAND DELINEATED AS SUBDIVISION 5946 ON THE MAP FILED OCTOBER 3, 1986 IN BOOK 307 OF MAPS AT PAGE 49,' CONTRA COSTA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERN CORNER OF THE PREVIOUSLY DESCRIBED TRACT OF LAND (307 M 49) ; THENCE FROM SAID POINT OF BEGINNING, S 89028'06" E 872.64 FEET; THENCE N 1027'39" E 668.93 FEET; THENCE N 49 55'41•• W 1037.82 FEET; THENCE N 69024-07" W 1189.71 FEET; THENCE S 2442'51" E 220.62 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST, THROUGH A CENTRAL ANGLE OF 5349'49", HAVING A RADIUS OF 441.00 FEET, AN ARC LENGTH OF 414.33 FEET; THENCE S 11027-20" W 2.00 FEET: THENCE S 78032'40" E 120.42 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST, THROUGH A CENTRAL /ANGLE OF 53002139 HAVING A RADIUS OF 357.00 FEET, AN ARC LENGTH OF 330.51 FEET; THENCE S 25030.01" E 743.21 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 35.45 ACRES, MORE OR LESS.