HomeMy WebLinkAboutMINUTES - 01231990 - T.3 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 January 23, 1990 by the following
vote:
AYES: Supervisors Powers, Schroder, . Torlakson and Fanden
NOES: None
ABSENT: Supervisor McPeak
ABSTAIN: None Resolution No. 9o/ 54
(West's Water Code App.
Ch. 63, Sec. 12.2 and 12.3)
Government Code Section 54715
SUBJECT: Establishment of Drainage Area 910 and the Adoption of
Benefit Assessments, Project No. 7505-6F8163 - Danville
Area.
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 December 12, 1989, this Board set a public hearing
proposing to establish Contra Costa County Flood Control and
Water Conservation District Drainage Area 910, consisting of that
real property described in Exhibit "A", attached hereto.
On January 23, 1989, pursuant to the Board's resolution
89/779 this Board held a hearing on the questions 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 the proposed Drainage Area.
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
the proposed Drainage Area.
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
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 910 and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 910 is ESTABLISHED, consisting of ' the real property
described in Exhibit "A" attached hereto, and that the benefit
assessments as set forth in the Engineer's Report attached hereto
as Exhibit "B" are adopted.
RESOLUTION NO. 90/54
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of .Determination for this project.
IT IS FURTHER RESOLVED THAT Government Code Sections 54701-
54718 (Benefit Assessment Act 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.
Following completion of the election, the County Clerk (Elections
Clerk) shall file with the Clerk of the Board a certification
(official canvas) of the votes cast on the proposition.
The annual assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54715 shall take
effect upon approval by the votes required by law. 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 annual maximum assessment to individual lots be
established at three times the annual maintenance levy
amount of $29.41;
4 . That a levy equal to one and one half times the annual
benefit assessment amount be levied until a reserve
fund equal to two times the estimated annual
maintenance cost has been created or restored to its
recommended amount;
RESOLUTION NO. 90/ 54
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 assess-
ment. The annual assessment shall be increased annually to
account for inflation using the State of California
Construction Cost Index.
I hereby certify that this is a mis and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTEQ: A 219g_......_._.
PHIL BATCHELOR.CW*of the Board
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Originator: Public Works (FCE)
cc: County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
County Clerk - Election Officer
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
Ralph Garrow & Cardinale
P.O. Box 367
Antioch CA 94509
Building Industry Association
Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA 94596
David Lennon
Hoffman Company
P.O. Box 907
Concord, CA 94522
Steve Millar
Warmington Homes
3160 Crow Canyon Place, Suite 200
San Ramon, CA 94583
City of Danville
510 La Gonda Way
Danville, CA 94526
RESOLUTION NO. 90/54
EXHIBIT "A"
OCTOBER 17, . 1989
JOB NO. 7029-86-05
LEGAL 4:39:36
RASSIER RANCH
SUBDIVISION 6886
PROPERTY BOUNDARY
REAL PROPERTY SITUATE IN THE STATE OF CALIFORNIA, COUNTY OF
CONTRA COSTA, CITY OF DANVILLE, DESCRIBED AS FOLLOWS:
BEING PARCELS "A'', "B' AND "C', AS SAID PARCELS ARE SHOWN AND SO
DESIGNATED ON THAT CERTAIN PARCEL MAP RECORDED JULY 9, 1973, IN
BOOK 28 OF PARCEL MAPS, AT PAGE 48, IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE OLD SOUTHERN LINE OF DIABLO ROAD AT
ITS INTERSECTION WITH THE WESTERN LINE OF THE PRIVATE ROAD KNOWN
AS MC CAULEY ROAD, (SAID POINT BEING THE NORTHERN TERMINUS OF
THAT CERTAIN COURSE DESIGNATED AS SOUTH 01°46'30" WEST 347.80
FEET ON SAID PARCEL MAP) ; THENCE, ALONG THE EXTERIOR LINE OF SAID
PARCEL "A", SOUTH 01'46'30" WEST 57.21 FEET, TO THE POINT OF
BEGINNING. THENCE FROM SAID POINT OF BEGINNING, SOUTH O1°48'49"'
WEST 290.59 FEET; THENCE SOUTH 29054'06" EAST 459.07 FEET; THENCE
SOUTH 60°04' 14" WEST 49.85 FEET; THENCE SOUTH 29°55'46' EAST
147.31 FEET; THENCE SOUTH 04°29'16' WEST 60.00 FEET TO A POINT ON
THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A
RADIUS OF 170.00 FEET (THE RADIAL TO SAID POINT BEARS NORTH
04°29'16' EAST) ; THENCE EASTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 30052'19', AN ARC DISTANCE OF 91.60
FEET; THENCE SOUTH 49°49'14" WEST 95.46 FEET; THENCE SOUTH
29'55'46" EAST 407.88 FEET; THENCE SOUTH 60°04'14' WEST 310.50
FEET; THENCE NORTH 37°47'11' WEST 470.05 FEET; THENCE SOUTH
70'20'26' WEST 403.80 FEET; THENCE SOUTH 01°34'06' WEST 448.03
FEET; THENCE SOUTH 88°26'21' EAST 515.47 FEET; THENCE SOUTH
01006'21" WEST 1109. 06 FEET; THENCE SOUTH 01°29'54" WEST 1523.32
t
FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'C'; THENCE ALONG THE
SOUTHERN BOUNDARY OF SAID LOT "C', SOUTH 88°44'39' EAST 2542.84
FEET; THENCE NORTH 03013'12' EAST 249.34 FEET TO THE 'CORNER
COMMON TO SECTIONS 21, 22, 27 AND 28, TOWNSHIP 1 SOUTH, RANGE 1
WEST, MOUNT DIABLO MERIDIAN; THENCE ALONG THE SOUTHERN LINE OF
SAID PARCEL -Co, SOUTH 88°20'30' EAST 87 .02 FEET; THENCE NORTH
89012'57" EAST 2553 .56 FEET TO THE EAST LINE OF SAID PARCEL 'C';
THENCE ALONG SAID EAST LINE OF PARCEL 'C', NORTH 00°42'06' EAST
2630. 19 FEET TO THE NORTH LINE OF SAID PARCEL 'C'; THENCE, ALONG
SAID NORTH LINE SOUTH 89026' 15' WEST 2650.01 FEET TO THE WEST
LINE OF SECTION 22, TOWNSHIP 1 SOUTH, RANGE 1 WEST, (SAID LINE
ALSO BEING THE EXTERIOR BOUNDARY LINE OF SAID PARCEL 'C') ; THENCE
SOUTH 00°40'09' WEST 926.58 FEET; THENCE NORTH 79°21'28' WEST
474.54 FEET; THENCE NORTH 67°24'04' WEST 338.37 FEET; THENCE
NORTH 60°04' 15' WEST 475.64 FEET; THENCE NORTH 45°10'02' WEST
347.80 FEET; THENCE NORTH 45003'57' WEST 677. 19 FEET; THENCE
NORTH 29054'06' WEST 1153.68 FEET; THENCE NORTH 01°48'49' EAST
299.48 TO A POINT ON THE SAID SOUTHERLY LINE OF DIABLO ROAD, SAID
POINT BEING ON THE ARC OF A NON—TANGENT CURVE CONCAVE TO THE
SOUTH HAVING A RADIUS OF 1100.00 FEET (THE RADIAL TO SAID POINT
BEARS NORTH 21°32'24' WEST) ; THENCE WESTERLY ALONG THE ARC OF
SAID CURVE, THROUGH A CENTRAL ANGLE OF 02°52'080, AN ARC DISTANCE
OF 55 .08 FEET, TO THE POINT OF. BEGINNING.
CONTAINING AN AREA OF 314.69 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON DIABLO ROAD MONUMENT LINE PER CONTRA COSTA
COUNTY PUBLIC WORKS DEPARTMENT MAP (FILE NO. PA 4821, SHEET 3) .
END OF DESCRIPTION
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I. Reowerwneowcdation
It is nscca-mended that Contra ttra Cbs-ta County Flood Control arra Water
Coc�ervation District Drainage nage Area 910 be established and that
benefit a se t- pursuant to Government Code Sections 54701 through
54718 be adopted.
II. C,er�ral
Drainage Area 910 will be a benefit assessment district to collect
funds to maintain the detention basin =structed by Subdivision 6886.
This basin will mitigate increased runoff generated by the development
of Subdivision 6886, previously called Rassier Ranch in Danville.
III. I ra i D-M Area location and Descriptim
Proposed Drainage Area 910 is located southeast of the intersection of
Diablo Road and McCauley Road in the Danville area. It is banded to
the west by Diablo Road, to the north by McCauley Road, and to the
south by Richard Lane. A boundary des=iption of the proposed drainage
area is attached as Md bit "A". The exact, location is shown on Contra
Costa County Flood Control and Water Cmwoxvation District Drawing
No. D - 12663.
The proposed drainage area consists of 315 acres of lam contained
within Subdivision 6886, Rassier Ranh.
IV. mesons; for DMjDM Area Fip�HtiQl
The 315 acres contained within Subdivision 6886 will be subdivided into
216 single family lots. This activity will result in the vowtrvcticn
of about 16.4 acres of impervious surface. This inpervicus 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 Gruen Valley Creek without some farm of mitigation, there is a
potential that the capacity of the cheek would be aooeeded and flooding
could oxer.
As a mitigation measure, the developer has excavated a detetticn basin
within the area to regulate the storm water flowiM into Green Valley
Creek- The surface area of the basin is about 4.5 acres.
The purpose of establishing ng Drainage Area 910 its to create a legal
entity to levy a benefit a same t for the maintenance of the
distention basin.
V. Facilities to be
Anis collected under the benefit assessment for Drainage Area 910 will
be Used for maintaining the basin and its lar ping, includi M its
aoc�ess roads. Basin maintenance will also cover silt removal,
embankment repair, and other scheduled maintenance activities.
vr. r:st�e of maintenance Cost
The annual maintenance cost for the detention basin is estimated to be:
a. General Cleanup* $ 5,000
b. DesiltiM 11,000
C. Inspection & Storm Patrol 2,000
d. & Outlet Control 3.000
Structure Repair
Total Aril Maintenance Oasts: $21,000
* Includes irrigation water.
V11. Benefit Assessment
A. Annual Maintenance
The impervious surface to be cheated by the subdivision is 714
Impervious Area Uhits (IAU is 1,000 square feet) based on
calculations
on file in the Flood Control District office. The
estimated annual mairrtpnanoe cost assigned to each IAU would be
$29.41 ($21,000 divided by 714 IAU) . This results in an arnnual
levy of ap_-mcimately $97 per lot. The exact levy per lot is
I isted in Ttble A. Beginning the first fiscal year following
fa®at,ion of the Drainage Area the annual assessment will be based
an estimated annual Costs.
B. Amml_Reserve Fund Assessment:
Tb provide adequate funding for -the repair of flood damage
ries dtinq from an especially wet winter it is 3+eocm-1 - dJ d that a
reserve fund equal to two times the estimated annual
cost be established. This $42,000 reserve fund should be created
by levying a benefit assessment of one and cage-half times the
estimated annual maintenance costs.
Without the financial security provided by the reserve fund,
flood damages may nrt,be repaired in a timely manner. This could
result in the basin being left in an unsightly condition which
could have a negative impact on adjacent dwellings.
Should the repair of flood damages reduce the reserve fund below
the above r :oammerr]ed amount, the reserve should be restored by
again irx=easuq the annual levy per IW to one and one-half times
the esti maw annual maintenance costs.
The mumml assessment shall be inzreased annually to account for
inflation using the State of California Cmwtructicri Cost Index.
C. Maximum AS.S2SSImP_Iit:
During a storm of unusual duration or intensity, or, during storms
that closely follow each other, the detention basin arra basin
structures could be heavily damaged. This damage would be it
addition to that requiring maintenance*terrane as outlined tinder B. We
estimate the cost for repair of damage due to unusual storms to be
$ 105,000 as outlined below.
Bank Repair 5,000 CY @ 17$/cy $ 85,000
Fence Repair 500 LF @ 12$/lf $ 6,000
Zandscaping Repair 2000 SF @ 4$/sf $ 8,000
Des,Ut upstream pipes 4 days @ 1500$/day S. 6.00
$105,000
The District appreciates the fact that the annual max=mt benefit
being r 2 o 1"r ended 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 I eo- , erre that the ma3dm m benefit assessment of three
times the estimated annual maintenance levy of $ 88.23 be adopted.
This levy of $ 88.23 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 fundi the
repair.
Mue annual maximnn benefit assessment shall be increased annually
to account for inflation using the State of California
Constnicticm Cost Index.
V11I.Demerit Assessmernt Implementation
It is recommended that Drainage Area 910 be formed to provide a means
for the maintenance of the detention basin constructed as part of
Subdivision .6886. Because of the phased development, an equitable
interim tri m solution must be adapted to control the amount of assessment
and to coapensate 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 three times the estimated annual maintenance levy amount ($ 29.41
per IAU) ; 4) a levy equal to one and one-half times the estimated
annual maintenance costs be levied until a reserve fundi equal to two
times the estimated annual maintenance cost has been created; 5) the
amnnal levy be increased by the factor of one and one-balf to restore
the reserve fund to its recommended amournt; 6) the developer shall
reimburse the Flood Control District for all maintenance costs in
e3m:ess of the revenue frau levied assessment until such a time as 75
percent of the lots have been improved and these lots are paying the
ar rml ssment.
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MME A
IAU ESTD9 ID F5'I'IlQTID ES'I'IlQ=
I.ct Size in Inperrious Aril Mtc. (1) Annual Mtc. & Reserve Max. Annual
Sc uare Feet Area Units Benefit Assess. Fund Benefit Ass. Ass. Limit
5,000 - 5,999 2.81 82.64 123.96 247.92
6,000 - 6,999 2.93 86.17 129.26 258.51
7,000 - 7,999 3.05 89.70 134.55 269.10
8,000 - 8,999 3.23 94.99 142.49 284.97
10,000 - 13,999 3.59 105.58 158.37 316.74
14,000 - 19,999 4.19 123.23 184.85 369.69
(1) Annual assessment based on annual asst rate of $29.41 per IAU.
It is the maxim benefit assessment listed in the riot hand column be
submitted to the residents/owners for adoption by vote.
Based on the final maps that have been filed, Drainage Area 910 includes the folloWIM
lot sizes and numbers:
Tat Size in Square Feet Affected Tat N mrbers Total Tats
5,000 - 5,999 (2.81 M) Lot No. - 100, 104, 106, 120, 141, 30
144-146, 150, 155, 158,
159, 162-167, 181-185,
196, 203-205, 209, 210, 214
6,000 - 6,999 (2.93 DO) . Int No. - 96-99, 101-103, 105, 107-116, 72
119, 121-123, 126-128, 130-133,
135-138, 140, 142, 143, 149,
148, 151-154, 160, 161, 171-177,
179, 180, 186, 187, 190-195,
197-200, 202, 206-208, 213, 215, 216
7,000 - 7,999 (3.05 IAU) Lot No. - 117, 118, 134, 147, 156, 157, 13
168-170, 178, 188, 189, 201
8,000 - 9,999 (3.23 LW Lot No. - 6, 37, 76, 88, 124, 125, 129, 139, 211 9
10,000 - 13,999 (3.59 IAS Int No. - 1-4, 8, 9, 11, 12, 14-17, 24, 27, 28, 59
34-36, 38, 45, 46, 50-52, 54-64, 67-70,
72-75, 77-87, 89, 90, 93, 95, 212
14,000 - 19,999 (4.19 DM Int No. - 5, 7, 10, 13, 18-23, 25, 26, 29-33, 33
39-44, 47-49, 53, 65, 66, 71, 91, 92,94
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