HomeMy WebLinkAboutMINUTES - 11281995 - SD3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF CONTRA COSTA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT
Adopted this Resolution on November 28, 1995 by the following vote:
AYES: Supervisors Rogers, Smith, DeSaul--vier, Torlakson, Bishop
NOES: None
ABSENT: None
ABSTAIN: None RESOLUTION NO. 95/635
(West's Water Code App.,
Project#0651-6L0072 Sections 63-12.6;
CDD-CP# 95-43 Gov. Code,Sections 54701-54718
SUBJECT: Annexation No. 2 to Flood Control District Drainage Area 76A and the levy of
Annual Benefit Assessments for Financing Drainage and Flood Control Services,
Alamo area.
The Board of Supervisors of Contra Costa County; as the Governing Body of the Contra
Costa County Flood Control &Water Conservation District, RESOLVES THAT;
On October 24, 1995 this Board adopted Resolution No. 95/518 announcing its intention to
annex to Drainage Area 76A the real property described in Exhibit"A" and 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 November 28, 1995, pursuant to its October 24, 1995 Resolution this Board held a public
hearing on the question of 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
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 Wat. Code App., Sections 62-3.3 and 63-12.7),
in accordance with Government Code Sections 6066 and 54716, and in accordance with the
provisions of the Board's October 24, 1995 Resolution.
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".
NOW THEREFORE, This Board FINDS that the activity, annexation to Flood Control
Drainage Area 76A and adoption of annual benefit assessments, is not'subject to the California
Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061(b)(3) of the CEQA
Guidelines; and
This Board hereby DIRECTS the Director of Community Development to file a Notice of
Exemption with the County Clerk; and
ANNEXATION NO. 2 TO FLOOD CONTROL DISTRICT
NOVEMBER 28, 1995
PAGE TWO
This Board hereby AUTHORIZES the Chief Engineer of the Contra Costa County Flood
Control and Water Conservation District to arrange payment of the $25 handling fee to the County
Clerk for filing of the Notice of Exemption; 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 is 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.
This Board hereby APPROVES the Engineer's Report, attached hereto 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.
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 elections 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.
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
$470.85 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 five 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 revenue from levied assessments until such time as 75 percent of the lots have been
improved and these lots are paying the annual assessments.
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g:\fldctl\fcbo\boannex.tl l
Orig.Dept.:Public Works(FC)
cc: County Administrator I hereby certify that this Is a true and con eel copy of
Community Development an action taken and entered on the minutes of the
Building inspection ATMBoard Of SupervisorsNovember 28,
28 shown.
County Counsel ATTEPHI BATCHELOR,Clerk of the Board
County Assessor of Supervisors and County Administrator
County Treasurer-Tax Collector
County Auditor-Controller
County Clerk-Elections Division By ,Deputy
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
V.Germany,Design
RESOLUTION NO. 95/635
r
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CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
255 GLACIER DRIVE, MARTINEZ, CALIFORNIA
DATE: June 6, 1995
TO: Board of Supervisors
FROM: J. Michael Walford, Chief Engineer
SUBJECT: Annexation Number 2 to Drainage Area 76A and the Adoption of a
Benefit Assessment for the Area Being Annexed.
OUR FILE: 3076A-26=
Annexation No. 2 consists of annexing the 51 lots being created by Subdivision 7633 and
approximately 60 acres of open space into Drainage Area 76A. The developer has
excavated a detention basin to mitigate increased flows from the newly created impervious
surface into Miranda Creek. The annexation .will provide funds to maintain the new
detention basin.
The average annual maintenance cost per IAU will be $313.90, after the annexation has
been completed.
The maximum IAU rate recommended to be levied is $470.85.
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Drainage Area 76A
Annexation No. 2
Boundary Description
C.C.C.F.C. &W.C.D. File: 3076A-14
EX lBIT "A"
Real property in an unincorporated area of Contra Costa County, California, being a portion of
Section 51, Township 1 South, Range 1 West, Mount Diablo Meridian, also being a portion of
PARCEL,"A"of Subdivision MS 20-82 filed March 14, 1983 in Book 105 of Parcel Maps at page
13, records of said county, described as follows:
Beginning on the south line of Section 5 at the southeast corner of said PARCEL,"A"; thence from
the Point of Beginning along the boundary of PARCEL"A" as follows: 1) north 15°21'43" east
467.81 feet, 2) north 5°22'01" east 672.01 feet, 3)north 76°49130" west 2,612.19 fest, and 4)
south 3049'04" west 1,482.40 feet; thence leaving said boundary, north 8832'40" east 90.00
feet; thence south 6°42'05" east 299.99 feet to the south line of Section 5 and PARCEL"A";
thence along said south line, north 88°32'40" east 2,331.13 feet, to the Point of Beginning.
Containing an area of 84.245 acres of land, more or less.
Bearings are based on the California Coordinate System Zone LII(CCS27).
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g:\CIcrical\Exhib its1DA76A.Exh
TABLE A
<< :
.... ..A X. AMMAN-
.... ..........::........... .1V1N1...........
u.:.. air ....:. ..... ... ic ...... ........ :..: vt�tCA ..........:::
:: . :.:..:::}:�::�:::::.......::::::::::::.::.::::::.. ::.::::::...:.:.:.:.::.:.::::::::::._::::::.::
ER.. Il:::;>': ::::>z::ASSESSItii
:::;:.::>:::::>:<::::ASS S iyX NT:`1">>:..............: ..N1� .1 .......... 1VIT7...............
(. .::....:...........::...:..:::.:._::::.:_:::::::::.: .:::::::::::.:.::::::.::._::::.:...::...:...
10,000-13,999 3.59 $563.45 $1126.90 -$1690.35
14,000-19,999 4.19 $657.62 $1315.24 $1972.86
20,000-29,999 5.18 $813.00 $1626.00 $2439.00
30,000-39,999 6.43 $1009.19 $2018.38 $3027.57
(1)Annual assessment based on annual assessment rate of$156.95 per IAU.
It is recommended the maximum benefit assessment listed in the right hand column be submitted to the
residents/owners for adoption by-vote.
Based on the final maps that have been filed,Drainage Area 76A includes the following lot sizes and number.
NO
..r.................:...........:iii':......:::.::_:...............::::::n: ...:,..v;
�'�:: '�:.:�:.:.:•::.:::c` `::2::i::::i::::`:::�Ei:::;::;.^:$:`:��i'-;•::::;;:'::;;v?f:ii:`:::ii::Y:':::::'>'z:::.:::`-r::$:`:i`:
10,000-13,999 30, 39, 40,47 4
(3.59 IAU)
14,000-19,999 1,2,5 thru 7, 11 thru 17, 20,21;24 thru 26,29, 31 thru 36
(4.19-IAU) 38,41 thru 46,48 thru 51
20,000-29,979 3, 4, 8, 9, 10, 18, 19,23, 27,28 10
(5.18 IAS
30,000-39,999 22 1
(6.43 IALD
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ENGINEER'S REPORT
FOR
ANNEXATION #2
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
MAY 1995
A
1. RECOMMENDATION
It is recommended that the Board of Supervisors authorize Annexation Number 2
to Drainage Area 76A and that a benefit assessment pursuant to the Benefit
Assessment Act of 1982, government code sections 54701 through 54718 be
adopted for the area to be annexed.
2. DRAINAGE AREA LOCATION AND DESCRIPTION
Drainage Area 76A formed on December 1, 1987, is located northeast of the
intersection of Miranda Avenue and Livonia 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 area to be annexed is attached as Exhibit"A".
3. REASONS FOR THE ANNEXATION
The area of the proposed annexation consists of 84.24 acres of land which includes
one subdivision.The subdivision will create 51 single family residential parcels that
vary in size from about 13,590 SF to about 38,620 SF and approximately 60 acres
of open space. The impervious surface created by the subdivision 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 a
detention basin within the area to regulate the storm water flowing into Miranda
Creek The detention basin requires annual maintenance to ensure that it operates
as designed. It is, therefore, equitable in the opinion of the Flood Control District
that all properties benefiting by the existence of the detention basin pay a fair
share toward its annual maintenance. It is, therefore, the recommendation of
District staff that subdivisions and other developments that will increase the storm
water flow-to Miranda Creek 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
can be levied, after a vote has been taken.
4. 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 including its
access roads. Basin maintenance will also cover silt removal, embankment repair,
and other scheduled maintenance type activities.
5. ESTIMATE OF MAINTENANCE COST
The annual maintenance cost for the detention basin is estimated to be:
1. General Cleanup* $7,700
2. Desilting $17,500
3. Inspection & Storm Patrol $2,800
4. Embankment & Outlet Control
Structure Repair $7,000
Total Annual Maintenance Costs $35,000
`lndudes irrigabm water.
6. BENEFIT ASSESSMENT
A. Annual Maintenance Benefit Assessment:
The impervious surface to be created by the subdivisions;is 223 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 $156.95 ($35,000 divided by 223 IAU). This results in an annual
levy of approximately$688-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$175,000 reserve fund should
be created by levying a benefit assessment of twice the annual rate, but not
less than $313.90. The $313.90 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 7,100 cy @ $20.00/cy $142,000
2. Fence repair 550 If @ $19/lf $10,450
3. Landscaping repair 1,500 sf @ $5.00/sf $7,500
4. Desilt upstream pipe 51days @ $3,000/day $15,000
TOTAL $174,950
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 basin 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$175,000.
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 $156.95 be adopted. This levy of
$470.85 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 fund the repair.
The maximum maintenance shall be increased annually to account for
inflation.
7. BENEFIT ASSESSMENT IMPLEMENTATION
The annexation to Drainage Area 76A provide a vehicle 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. 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 ($470.85 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 after the reserve fund has been depleted 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 levies assessments until such a
time as 75 percent of the lots have been improved and these lots are paying the
annual assessment; and 6) that a vote of the property owners involved in the
annexation be held to allow a maximum benefit assessment of$470.85 per IAU to
be adopted.
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1 .
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 9:45 a.m. on November 28, 1995 in its chambers, County
Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing
on proposed Annexation No. 2 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 Subdivision
7633, located at the easterly terminus of Livorna Road. A precise description is contained in the
boundary description.
The boundary map, a boundary description of the area, and engineer's report have been
prepared for the proposed annexations.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 or 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 or against the petition. It is the Board's intention to levy
annual benefit assessments upon the parcels proposed to be annexed.
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Folin 1024.16
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO. 0651-61-0072 CP NO. 95-4
WO# L072
ACTIVITY NAME: Drainage Area 76A Annexation
DATE: June 7, 1995
PREPARED BY: Janet Frattini
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b)(3)of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment
DESCRIPTION OF THE ACTMTY:
The purpose of the activity is to annex approximately 60 acres of open space and 51 lots
created by Subdivision 7633 into the boundary of Drainage Area 76A (Figures 1 &2).
Conditions of Approval required the developer of Subdivision 7633 to excavate a
detention basin. The annexation will provide funds to maintain the detention basin.
LOCATION-
Drainage Area 76A is located in the south county area of Walnut Creek.
REVIEWED BY. DATE: 6--7--tA
Vickie Germany,
Environmental Planner
APPROVED BY. DATE:
Community Development R resentative
c"determiffidaMa-det
(form revised 4/13195)
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Community Contra Harvey E. Bragdon
Director of Community Development
Development Costa
Department
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095y
l _
Phone: 646-4202 — `} June 13, 1995
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I
County File #CP 95-43
Attention: Public Works Department
Janet Fratfini-Design Division
Dear Applicant:
The Contra Costa County Community Development Department has completed an initial study of the environmental
significance of the project represented by your pending application bearing County File Number CP 95-43(Drainage
Area 76A Annexation). In conformance with Contra Costa County Guidelines for implementing the California
Environmental Quality Act of 1970(CEQA),it has been determined that your project will not have a significant
effect on the environment. Your project falls within the following category:
GO AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED.
O The project is categorically exempt(Class
() The CEQA requirements are accommodated by the EIR previously prepared for
( ) A statement that an EIR is not required (Negative Declaration of Environmental Significance has
been filed by the Community Development Department(unless appealed)).
(14 Other: General Rule of Applicability (Section 15061(b)(3))
( ) AN ENVIRONMENTAL IMPACT-REPORT (EIR) IS REQUIRED.
( ) The complexity of your project requires your submission of additional special reports or
information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter).
t ) A consultant will be hired to prepare the environmental impact report. This procedure is
explained on the attached sheet.
Preparation of the EIR cannot be started until the fee and additional information requested is
received by the Community Development Department.
If you have questions concerning this determination or desire additional information relative to environmental
impact report regulations, please call (5 10) 646-2093 and ask for Dennis Barry-
Sincerely yours
Harvey E. Bragdon
Director of Community Development
By:
-9ms
ShAt
CALIFORNIA ENVIRONMENTAL. QUALITY ACT
Notice of Exemption',
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept.
Project Description, Common Name (if any) and Location: DRAINAGE AREA 76A ANNEXATION County
File ;SCP 95-43: The purpose of the activity is to annex approximately 60 acres of open space and 51 lots
created by Subdivision 7633 into the boundary of Drainage Area 76A. Conditions of Approval required the
developer of Subdivision 7633 to excavate a detention basin. The annexation will provide funds to maintain
the detention basin. Location: Drainage Area 76A is located in the south County area of Walnut Creek.
This project is exempt from CEGA as a:
Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section_
Declared Emergency(Sec. 15269(a)) 3 General Rule of Applicability(Section 15061(b)(3))
Emergency Project(Sec. 15269(b) or(c))
Categorical Exemption, Class_ Section
for the following reason(s): The project will not have a significant effect on the environment.
It can be seen with certainty that there is no possibility that the activity may have a significant adverse
effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
declare that on 1 received and posted this notice as required,by California Public
Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date.
3
Signature Title
,.Applicant:
-ounty Public Works Department Department of Fish and Game Fee - Exempt
255 Glacier Drive
Martinez, CA 94553 County Clerk Fee $2,13 Due Receipt
;attn-. .Janet Frattini
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a,party to or interested in the above-entitled
matter.
I am the Principal Legal Clerk of the Contra Costa Times,
a newspaper of general circulation, printed and pub-
lished at 2640 Shadelands Drive in the City of Walnut I
Creek, County of Contra Costa, 94598.
And which newspaper has been adjudged a newspaper
of general circulation by the Superior Court of the County
of Contra Costa, State of California, under the date of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy(set in
type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
.....................N ..................................................
all in the year of
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
On thri �I.. day of, 19..9.q.
..lG± ::t�...................................::.................. RECEIVED
Signature
Lesher Communications, Inc.
Contra Costa Times NOV 14 10
P.O. Box 4147
Walnut Creek, CA 94596
(510) 935-2525 CLERK 80F.RD OF SUPERVISORS
Proof of Publication of: CONTRA COSTA"CO.
(attached is a copy of the legal advertisement that pub- m
lished)
LEGAL NOTICE
CONTRA COSTA COUNTY
FLOOD CONTROL AND At the public hearing, the
WATER CONSERVATION board will hear all persons In-
DISTRICT terested in or affected by the
NOTICE OF proIppnoosed change in the
PUBLIC HEARING 9'r heaeallae avant evidence
The Board of Supervisors, for or against the petition
as the governing body of the and will hear and consider all
Contra Costa County Flood protests against the pro-
Control and Water Conserva- Posed benefit assessments.
tion District, has set 9:45 At the conclusion of the hear-
a.m.on November 28, 1995 Ing,the board may annex all
In Its chambers,County Ad- or part of the parcels pro
ministration Building, 651 posed to be annexed, and
Pine Street, Martinez, CA may adopt, revise, change,
94553,as the time and place reduce or modify the pro-
for a hearing on proposed posed benefit assessments.
Annexation No.2 to Drainage
Area 76A and the proposed All persons interested in or j.
levy of benefit assessments affected b the proposed
for the area being annexed change in the drainage area
under the provisions of the boundaries may appear at
Contra Costa County Flood the hearing andshowcause
Control and Water Conserva- why the change should not
tion District Act and the Ben- be made.At the hearing,the
.fit Assessment Act of 1982, Board shall hear all relevant
respectively. evidence for or against the
PPetition. It is the Board's in-
The above-described hear- tention to levy annual benefit
Ing concerns the annexation assessments upon the par-
to Drainage Area 76A of Sub- cels proposed to be an-
division 7633, located at the nexed.
easterly terminus of Uvoma
Road. A precise description ATTESTED:/s/Shirley Casillas
is contained in the boundary Legal CCT 6693
description. Publish November 2,9,1995
The boundary, map, a
boundary-description of the
area, and engineer's report
have been prepared for the
proposed annexations.These
documents have been filed
with the Clerk of the Board of
Supervisors and are available
for Inspection at the Public
Works Deparment Office,255
Giacter Drive, Martinez, CA
94553.
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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 9:45 a.m. on November 28, 1995 in its chambers, County
Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing
on proposed Annexation No. 2 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 Subdivision
7633, located at the easterly terminus of Livorna Road. A precise description is contained in the
boundary description.
The boundary map, a boundary description of the area, and engineer's report have been
prepared for the proposed annexations. 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 or 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 or against the petition. It is the Board's intention to levy
annual benefit assessments upon the parcels proposed to be annexed.
g:jfldct11worklnothear.tl0
ATTESTED:
Date ( of publi tion:
ted:
FILE®
LEGAL NOTICE
CONTRA COSTA COUNTY FLOOD CONTROL EOCT1995
AND
WATER CONSERVATION DISTRICT CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
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 9:45 a.m. on November 28, 1995 in its chambers, County
Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing
on proposed Annexation No. 2 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 Subdivision
7633, located at the easterly terminus of Livorna Road. A precise description is contained in the
boundary description.
The boundary map, a boundary description of the area, and engineer's report have been
prepared for the proposed annexations. 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 or 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 or against the petition. It is the Board's intention to levy
annual benefit assessments upon the parcels proposed to be annexed.
g.WdctAworld Wheor,t10
ATTESTED:
Date (s) of publication: November 2, 1995
November 9, 1995
Dated: October 24, 1995
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
255 GLACIER DRIVE, MARTINEZ, CALIFORNIA
DATE: June 6, 1995
TO: Board of Supervisors
FROM: J. Michael Walford, Chief Engineer
SUBJECT: Annexation Number 2 to Drainage Area 76A and the Adoption of a
Benefit Assessment for the Area Being Annexed.
OUR FILE: 3076A-26
Annexation No. 2 consists of annexing the 51 lots being created by Subdivision 7633 and
approximately 60 acres of open space into Drainage Area 76A. The developer has
excavated a detention basin to mitigate increased flows from the newly created impervious
surface into Miranda Creek. The annexation will provide funds to maintain the new
detention basin.
The average annual maintenance cost per IAU will be $313.90, after the annexation has
been completed.
The maximum IAU rate recommended to be levied is $470.85.
JMW:RB:mg
gAfldd1\wor c\3076at5
TABLE A
i.,. .......
s<<'.:>`: :<::>>::>.111A�.14'li3M
:..:::..::.:.,.....:............:........:...... ::::....:::::....:::::.........:......:.::..............:..............:............::::::....:::::..::.:::::.::..........::........
IN: U RYiOUS :MAI1V CENANCE iVIAiNi' i�TA1�TE:: :' ':>'<::::<:'>::`
Q.: ?E;EEET<';.:.::::.;:. MPE.:::.::.:.._:..:::.:.:.:::.:.....:::..:..::.........:.:.::..::.::..:.:..-.:.:..::.:.:.::::::....::.::.....::.:....::.:. .::.:..::::.....:...... :......:..:::;;:;;;;.
IT »: BENE S ;<ASSE
::>::>::::>:::>.:: >:. ::>:::.:>:>: >:::.:::::>::::>: EA iIN 5.... :>:::: FTC.
RE..ER\'E:,i?CJiVp:. ::: SS1GI1Y 1::::>':>::
.... ... iR..........................
............................................:.:.:. .::
: ... ::.:.::..:>:. .;..... ... .:.:
1►Il NT'I' `»>">...... :.Yz Y `> »>>':<
.;:.:::;.:..:;:.:>;.::: . >;:::;;:s:>:;:::;; S ME1VI.....
10,000-13,999 3.59 $563.45 $1126.90 -$1690.35
14,000-19,999 4.19 $657.62 $1315.24 $1972.86
20,000-29,999 5.18 $813.00 $1626.00 $2439.00
30,000-39,999 6.43 $1009.19 $2018.38 $3027.57
(1)Annual assessment based on annual assessment rate of$156.95 per IAU.
It is recommended 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 number.
«> �F:F:SCI?l�T�:1�T1l►�B)�R >'>>::<:>��<»<' ' >': ':(A.
Q.................11.................................:...................................:.:......:::..................................................:........:. ......:::::....:.::: :.:::::.:::::::...:.::...:.:.....:::.
10,000-13,999 30, 39, 40, 47 4
(3.59 IAU)
14,000-19,999 1,2,5 thru 7, 11 thru 17,20, 21; 24 thru 26, 29, 31 thru 36
(4.19-IAC ) 38, 41 thru 46, 48 thru 51
20,000-29,979 3, 4, 8, 9, 10, 18, 19, 23, 27, 28 10
(5.18 IACD
30,000-39,999 22 1
(6.43 IAU)
g.j ldcdkworkVablea
ENGINEER'S REPORT
FOR
ANNEXATION #2
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
MAY 1995
1. RECOMMENDATION
It is recommended that the Board of Supervisors authorize Annexation Number 2
to Drainage Area 76A and that a benefit assessment pursuant to the Benefit
Assessment Act of 1982, government code sections 54701 through 54718 be
adopted for the area to be annexed.
2. DRAINAGE AREA LOCATION AND DESCRIPTION
Drainage Area 76A formed on December 1, 1987, is located northeast of the
intersection of Miranda Avenue and Livoma 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 area to be annexed is attached as Exhibit"A".
3. REASONS FOR THE ANNEXATION
The area of the proposed annexation consists of 84.24 acres of land which includes
one subdivision. The subdivision will create 51 single family residential parcels that
vary in size from about 13,590 SF to about 38,620 SF and approximately 60 acres
of open space. The impervious surface created by the subdivision 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 a
detention basin within the area to regulate the storm water flowing into Miranda
Creek. The detention basin requires annual maintenance to ensure that it.operates
as designed. It is, therefore, equitable in the opinion of the Flood Control District
that all properties benefiting by the existence of the detention basin pay a fair
share toward its annual maintenance. It is, therefore, the recommendation of
District staff that subdivisions and other developments that will increase the storm
water flow to Miranda Creek 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
can be levied, after a vote has been taken.
4. 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 including its
access roads. Basin maintenance will also cover silt removal, embankment repair,
and other scheduled maintenance type activities.
5. ESTIMATE OF MAINTENANCE COST
The annual maintenance cost for the detention basin is estimated to be:
1. General Cleanup* $7,700
2. Desilting $17,500
3. Inspection & Storm Patrol $2,800
4. Embankment & Outlet Control
Structure Repair $7,000
Total Annual Maintenance Costs $35,000
'Incudes irrigation water.
6. BENEFIT ASSESSMENT
A. Annual Maintenance Benefit Assessment:
The impervious surface to be created by the subdivisions is 223 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 $156.95 ($35,000 divided by 223 IAU). This results in an annual
levy of approximately $688-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$175,000 reserve fund should
be created by levying a benefit assessment of twice the annual rate, but not
less than $313.90. The $313.90 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 7,100 cy @ $20.00/cy $142,000
2. Fence repair 550 If @ $19/If $10,450
3. Landscaping repair 1,500 sf @ $5.00/sf $7,500
4. Desilt upstream pipe 5/days @ $3,000/day $15,000
TOTAL $174,950
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 basin 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 $175,000.
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 $156.95 be adopted. This levy of
$470.85 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 fund the repair.
The maximum maintenance shall be increased annually to account for
inflation.
7. .BENEFIT ASSESSMENT IMPLEMENTATION
The annexation to Drainage Area 76A provide a vehicle 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. 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 ($470.85 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 after the reserve fund has been depleted 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 levies assessments until such a
time as 75 percent of the lots have been improved and these lots are paying the
annual assessment; and 6) that a vote of the property owners involved in the
annexation be held to allow a maximum benefit assessment of$470.85 per IAU to
be adopted.
g.WckMworWngineer rpt
Form 1024.16
DETERMINATION THAT AN ACTIVITY
IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FILE NO. 0651-61-0072 CP NO. 95-43
WO# L072
ACTIVITY NAME: Drainage Area 76A Annexation
DATE: June 7, 1995
PREPARED BY: Janet Frattini
This activity is not subject to the California Environmental Quality Act (CEQA)
pursuant to Article 5, Section 15061 (b)(3)of the CEQA Guidelines.
It can be seen with certainty that there is no possibility that the activity may have a
significant adverse effect on the environment.
DESCRIPTION OF THE ACTIVITY.-
The
CTIVITY:The purpose of the activity is to annex approximately 60 acres of open space and 51 lots
created by Subdivision 7633 into the boundary of Drainage Area 76A (Figures 1 &2).
Conditions of Approval required the developer of Subdivision 7633 to excavate a
detention basin. The annexation will provide funds to maintain the detention basin.
LOCATION:
Drainage Area 76A is located in the south county area of Walnut Creek.
REVIEWED BY: - - - DATE: 6---;97!%��
Vickie Germany,
Environmental Planner
APPROVED BY: DATE.
Community Development R resentative
Odetmmimkta76a.det
(form revised 4113!95)
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;4" S
Community Contra Harvey E. Bragdon
Director of Community Development
Development Costa
Department
County Administration Building County
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095 �.
Phone: 646-4202 June 13, 1995
CU
a co�•r
County File #CP 95-43
Attention: Public Works Department
Janet Frattini -Design Division
Dear Applicant:
The Contra Costa County Community Development Department has completed an initial study of.the environmental
significance of the project represented by your pending application bearing County File Number CP 95-43(Drainage
Area 76A Annexation). In conformance with Contra Costa County Guidelines for implementing the California
Environmental Quality Act of 1970(CEQA), it has been determined that your project wilt not have a significant
effect on the environment. Your project falls within the following category:
V) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS NOT REQUIRED.
( ) The project is categorically exempt (Class ).
( ) The CEQA requirements are accommodated by the OR previously prepared for
( ) A statement that an QR is not required (Negative Declaration of Environmental Significance has
been filed by the Community Development Department Iunless appealed)).
(./1 Other: General Rule of Applicability (Section 15061(b)(3))
( ) AN ENVIRONMENTAL IMPACT REPORT (EIR) IS REQUIRED.
( ) The complexity of your project requires your submission of additional special reports or
information (as outlined on the attached sheet) (which will be outlined in a forthcoming letter).
( ) A consultant will be hired to prepare the environmental impact report. This procedure is
explained on the attached sheet.
Preparation of the EIR cannot be started until the fee and additional information requested is
received by the Community Development Department.
If you have questions concerning this determination or desire additional information relative to environmental
impact report regulations, please call (510) 646-2093 and ask for Dennis Barry_
Sincerely yours
Harvey E. Bragdon
Director of Community Development
By:
:9ms
ShRt
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor - North Wing, McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (510) 313-2296 Contact Person: Vickie Germany - Public Works Dept.
Project Description, Common Name (if any) and Location: DRAINAGE AREA 76A ANNEXATION County
File #CP 95-43: The purpose of the activity is to annex approximately 60 acres of open space and 51 lots
created by Subdivision 7633 into the boundary of Drainage Area 76A. Conditions of Approval required the
developer of Subdivision 7633 to excavate a detention basin. The annexation will provide funds to maintain
the detention basin. Location: Drainage Area 76A is located in the south County area of Walnut Creek.
This project is exempt from CEOA as a:
Ministerial Project (Sec. 15268) _ Other Statutory Exemption, Section_
Declared Emergency (Sec. 15269(a)) ./ General Rule of Applicability(Section 15061(b)(3))
Emergency Project (Sec. 15269(b) or (c))
Categorical Exemption, Class_ Section
for the following reason(s): The project will not have a significant effect on the environment.
It can be seen with certainty that there is no possibility that the activity may have a significant adverse
effect on the environment.
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
1 declare that on I received and posted this notice as required by California Public
Resources Code Section 21 152(c). Said notice will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department Department of Fish and Game Fee - Exempt
255 Glacier Drive
Martinez, CA 94553 County Clerk Fee $25 Due Receipt #
Attn: Janet Frattini
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OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
651 PINE STREET
MARTINEZ, CALIFORNIA 94553
Phone: (510) 646-2371; FAX (510) 646-1059
PLEASE CONFIRM RECEIPT VIA PHONE
DATE:
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CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT .
STATE OF CALIFORNIA
Re: Public Hearing for )
Annexation#2 to )
Drainage Area 76A ) CERTIFICATE OF POSTING
I certify that I am now, and at all time hereinafter mentioned have been, a citizen of
the United States and not a party to the above-entitled matter and and not interested therein nor in
the event thereof,and that on October 25, 1995,I posted a full, true and correct copy of the attached
notice at the following locations:
1. Contra Costa County
Public Works Department
255 Glacier Drive
Martinez, CA
2. Contra Costa County Public Library-Danville Branch
825 Hartz Way
Danville, CA
3. Contra Costa county Public Library-Walnut Creek Branch
1644 No. Broadway
Walnut Creek, CA
I declare under penalty of perjury that the foregoing is true and correct.
Dated: October 31, 1995 , at Martinez, California
Employee of the Contra Costa County
Pubic Works Department
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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 9:45 a.m. on November 28, 1995 in its chambers, County
Administration Building, 651 Pine Street, Martinez, CA 94553, as the time and place for a hearing
on proposed Annexation No. 2 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 Subdivision
7633, located at the easterly terminus of Livorna Road. A precise description is contained in the
boundary description.
The boundary map, a boundary description of the area, and engineer's report have been
prepared for the proposed annexations. 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 or 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 or against the petition. It is the Board's intention to levy
annual benefit assessments upon the parcels proposed to be annexed.
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