HomeMy WebLinkAboutMINUTES - 12202005 - SD.2 Contra
TO: BOARD OF SUPERVISORS, AS GOVERNING — _
BOARD OF THE FLOOD CONTROL& WATER ;
CONSERVATION DISTRICT x e�rrrknPe `!z Costa
FROM: MAURICE M. SH1U, CHIEF ENGINEER °o�-- `� '"�� County
s'A coarlT't � J
DATE: DECEMBER 20, 2005
SUBJECT: ADOPT Resolution No. 2005/***r approving Annexation No. 2 to Flood Control District Drainage Area
1010,and levy Annual Assessments for financing drainage and Flood Control services,Minor Subdivision
04-0020, Danville area. (No Fiscal Impact) (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Resolution No.2005/***approving Annexation No. 2 to Flood Control District Drainage Area 1010,and
levy Annual Assessments for financing drainage and Flood Control services, Minor Subdivision 04-0020.
FISCAL IMPACT:
There is no Fiscal Impact to the County General Fund.
CONTINUED ON ATTACHMENT: ❑x SIGNA
RECOMMENDATION OF COUNTY ADMINISTRATOR RFC ENDATION OARD CO I
APPROVE OTHER
SIGNATURE(S): /
ACTION OF BOARD ON ITC��S APPROVED AS RECOMMENDED y O/HER
On this day, the Chair openedthe public hearing; no public--camtent was presented. The Chair closed the public
hearlil�
VOTE OFAUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
/ COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:Bob Faraone(925-313-2390)
RVF:cw
G:\GrpData\F1dCtl\Board Orders 2005 Onward\2005 BO\BO-Hearing DA1010 2, ATTESTED a/�D ,D5
12-20-05.dw JOHNNSSt EETF-N7-CLERK OF THE BOARD OF
SUPERVISORS
cc: County Administrator
Building Inspection "
Community Development
County Assessor BY: DEPUTY
County Auditor-Controller
County Counsel
County Treasurer-Tax Collector
Public Works:
Engineering Services
Flood Control Engineering
Mathew D.Beinke
320 Canyonwoods P1.
San Ramon,CA 94582
SUBJECT: ADOPT Resolution No. 2005/*** approving Annexation No. 2 to Flood Control District Drainage
Area 1010,and levy Annual Assessments for financing drainage and Flood Control services,Minor
Subdivision 04-0020, Danville area. (No Fiscal Impact) (District III)
DATE: DECEMBER 20, 2005 C I
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
As a condition of Development,Minor Subdivision 04-0020 is required to annex to Flood Control District Drainage
Area 1010. Since an annexation to drainage areas requires a Proposition 218 vote,this Board authorized the Chief
Engineer to mail the voting ballots to the current property owners; and prior to the hearing, the Chief Engineer
certified the ballots submitted were in favor of the proposed assessments, which exceeded those submitted in
opposition to the proposed assessments.
CONSEQUENCES OF NEGATIVE ACTION:
Additional funds for maintenance and operation of the Drainage Area 1010 Detention Basin will not be available.
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY
FLOOD CONTROL & WATER CONSERVATION DISTRICT
Adopted this Resolution on December 20, 2005,by the following vote:
AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2005/79/
SUBJECT: APPROVE Annexation No.2 for Flood Control District Drainage Area 1010 and levy
Annual Assessments for financing drainage and Flood Control services, Minor
Subdivision 04-0020, Danville area. (No Fiscal Impact) (District P
The Board of Supervisors of Contra Costa County,as the governing body of the Contra Costa
County Flood Control and Water Conservation District, RECITES as follows:
On November 15,2005,the Board adopted Resolution No.2005/737 announcing its intention
to annex Minor Subdivision 04-0020 to Drainage Area 1010,the real property described in Exhibit
A, attached hereto, 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 fixing a public hearing on December 20,2005,on the proposed annexation,and annual
benefit assessments; and
RVF:cw
G:\GtpData\F1dCtl\Board Orders 2005 Onward I hereby certify that this is a true and correct copy of an
\2005 Resolutions\Reso-Hearing DA1010-2 12-20-05.doc action taken and entered on the minutes of the Board of
Orig.Dept.: Public Works(Flood Control) Supervisors on the date shown.
Contact: Bob Faraone(925-313-2390)
cc: County Administrator
Building Inspection /�/�
Community Development ATTESTED:
County Assessor JOHN SWEETEN, Cler�the Board of Supervisors and
County Auditor-Controller
County Counsel County Administrator
County Treasurer-Tax Collector
Public Works: _1 )
Engineering Services By
Flood Control Engineering
Mathew D.Beinke Deputy
320 Canyonwoods Pl.
San Ramon,CA 94582
RESOLUTION NO. 2005/
On December 20, 2005, pursuant to Resolution No. 2005/737, the Board held a public
SUBJECT: APPROVE Annexation No.2 for Flood Control District Drainage Area 1010 and levy
Annual Assessments for financing drainage and Flood Control services, Minor
Subdivision 04-0020, Danville area. (No Fiscal Impact) (District III)
DATE: December 20, 2005 C � '
PAGE: 2
hearing on the proposed annexation and annual benefit assessments; and
At the time and place fixed for said public hearing,the 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, heard and considered any objections or protests to the proposed
annual benefit assessments,permitted all interested persons to present oral or written testimony,and
certified the tabulation of the assessment ballots submitted by the owners of the real property
described in Exhibit A, attached hereto; and
Pursuant to Resolution No. 2005/737, the Chief Engineer tabulated the assessment ballots
prior to the public hearing and presented the results to the Board at the public hearing; and
At the conclusion of the hearing, with the assessment ballots weighted according to the
proportional financial obligation of the affected property, the ballots submitted in favor of the
proposed assessments exceeded those submitted in opposition to the proposed assessments; and
It appears, from the affidavits of publication and mailing on file with the 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 Sections 3.3 and 12.7 of the Contra Costa
County Flood Control and Water Conservation District Act(West's Wat. Code App., §§ 63-3.3 and
63-12.7), in accordance with Government Code Section 53753 (Proposition 218 Omnibus
Implementation Act), and in accordance with the provisions of Resolution No. 2005/737; and
The Chief Engineer has previously filed with the Clerk of the Board the written report
required by Government Code Section 54716(a)(Benefit Assessment Act of 1982)and Section 4(b)
of Article XIII D of the California Constitution(Right to Vote on Taxes Act) describing the annual
benefit assessments for drainage and flood control services proposed to be levied against the real
property described in said report and Exhibit A, attached hereto.
NOW, THEREFORE, the Board FINDS, RESOLVES, and DETERMINES as follows:
The Board FINDS that all of the foregoing recitals are true and correct.
The Board FINDS that a majority protest,as defined in Government Code Section 53753(e)
and Section 4(e) of Article XIII D of the California Constitution, does not exist.
The Board FINDS that the proposed annexation is for the best interests of the.drainage area
and hereby ORDERS that the real property described in Exhibit A, attached hereto, is annexed to
Contra Costa County Flood Control and Water Conservation District Drainage Area 1010,subject to
the requirement that the owners of the annexed land pay the annual benefit assessments, described
below.
The Board DETERMINES and IMPOSES the annual benefit assessments set forth in the
SUBJECT: APPROVE Annexation No.2 for Flood Control District Drainage Area 1010 and levy
Annual Assessments for. financing drainage and Flood Control services, Minor
Subdivision 04-0020, Danville area. (No Fiscal Impact) (District III)
DATE: December 20, 2005 C
PAGE: 3
above-described report, a copy of which is attached hereto as Exhibit B, and DIRECTS that said
benefit assessments be levied against the real property described in Exhibit A, attached hereto,and
that the assessments be collected in the same manner and subject to the same penalties and priority of
lien as other charges and taxes fixed and collected by the County, as provided by Government Code
Section 54718. 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 Parcel 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
$24.18 per IAU, as adjusted for inflation from 1988 forward by the Engineering News
Record San Francisco Cost Index.
OCTOBER 21, 2005
JOB NO. : 1172-00 l•
LEGAL DESCRIPTION
MS 04-0020 ANNEXATION TO
DRAINAGE AREA 1010
APN 220-080-023
CONTRA COSTA COUNTY, CALIFORNIA
EXHIBIT `A'
REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS :
.BEING ALL OF PARCEL C, AS SAID PARCEL C IS SHOWN AND SO DESIGNATED ON
THE OFFICIAL, MAP OF SUBDIVISION MS 166-77, RECORDED MAY 31, 1978, IN
BOOK 66 OF PARCEL MAPS AT PAGE 22 , IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY.
CONTAINING 5.55 ACRES OF LAND, MORE OR LESS .
ATTACHED HERETO IS A PLAT TO ACCOMPANY LEGAL DESCRIPTION, AND BY THIS
REFERENCE MADE A PART HEREOF.
END OF DESCRIPTION
QS OEL A. GARCIA
9 L.S. NO. 5285
EXPIRES : DECEMBER 31, 2005
CSH/rjw
P:\1100 - 1199\1172-00\LEGA S\LG-003.DOC
PARCEL A
TRACT 7041 C,- z-
333
333 M 19 PARCEL P
N8912'34"W 406.61' PARCEL B TRACT 704
TRACT 7041 333 M 19
0 333 M 19
CD
z NB6'39'O6"E 210.96'
� N
C, cn
ro PARCEL C
U to MS 166-77
tx M
04 66 PM 22
w TOTAL ACREAGE = 5.5 AC. w O
o
,nCQ
}-
o
z o Ltil
� O
Lei CD
U o La N89*09'04"W 617.16' T
u SUBDJVI3JDN 8104 D-
BRANDELtm 434 M 17 > >z o
LOT a P-t M
-� -� C
CD rrL
Cn w Q
0
EXHIBIT 'A'
TO ACCOMPANY LEGAL DESCRIPTION
MS 04-0020 ANNEXATION TO
DRAINAGE DISTRICT 1010
CONTRA COSTA COUNTY CALIFORNIA
1172-00 OCTOBER 2005 SCALE 1" .= 100'
Carlson, Barbee, & Gibson, Inc.
CIVIL ENGINEERS • SURVEYORS • PLANNERS
6111 BOLLINGER CANYON ROAD, SUITE 150, SAN RAMON CA. 94583
TELEPHONE: (925) 866-0322 FAX: (925) 866-8575
G:1\1 I/22�ti'n.r"��!���L�iIJ lt�L'r,i-2.dvio
CZ �
EXHIBIT B
ENGINEER'S REPORT
FOR
ANNEXATION#2
(MINOR SUBDIVISION 04-20)
TO
CONTRA COSTA FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 1010
PREPARED BY THE STAFF OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
255 GLACIER DRIVE
MARTINEZ, CA 94553
OCTOBER, 2005
DRAINAGE AREA 1010 ANNEXATION 2
1. RECOMMENDATION 2' `
It is recommended that the real property known as pending Minor Subdivision 04-20,
(Stevens Ranch, Assessor's Parcel Number 220-080-023, Parcel C of Minor
Subdivision 166-77) in an unincorporated area of Contra Costa County be annexed
into Contra Costa County Flood Control and Water Conservation District Drainage
Area 1010 and that benefit assessments pursuant to Government Code Sections 54701
through 54718 be levied.
2. LOCATION:
The drainage area is located in the Danville area. The area is bounded by the
Biackhawk development to the north and the southern boundary of the West Branch
development to the south, The east and west boundaries are approximately Hansen
Lane and the Dougherty Hills ridge line, respectively. The specific location is shown
on Contra Costa County Flood Control and Water Conservation District Drawing
D-12619.
A boundary description of the area to be annexed is attached as Exhibit "A."
3. REASON FOR ANNEXATION:
On May 10 1988, Drainage Area 1010 was established to provide a legal entity under
which benefit assessments for maintenance of West Alamo Creek and the Bettencourt
Detention Basin can be levied. The four lots of pending Minor Subdivision 04-20 will
create new impervious surface. This will result in additional runoff that will drain into
the detention basin. The basin provides flood protection benefit for the minor
subdivision. It is equitable that all properties benefiting by the existence of the
detention basin pay a fair share toward its annual maintenance. Therefore, Minor
Subdivision 04-20 should be annexed to Drainage Area 1010.
BENEFIT ASSESSMENT:
The benefit assessments collected within Drainage Area 1010 are used only for
maintenance and operation of West Alamo Creek, within the boundaries of the
drainage area within the Flood Control District right-of-way limits, and the regional
detention basin, also within its right-of-way.
The annual benefit assessment amount for each Impervious Area Unit (one IAU
equals 1,000 ft) is the quotient of the total annual maintenance cost divided by the
total IAU's in the drainage area. The annual benefit assessment for each lot is the
product of the number of IAU's assigned to each lot times the annual benefit
assessment per IAU. The annual benefit assessment is adjusted periodically in
accordance with Environmental News Record San Francisco Cost Index to account
for inflation and maintenance needs. The annual assessment cannot exceed the
Maximum Assessment 535.43 per IAU (524.18 in 1988 dollars and indexed to
DRAINAGE AREA 1010 ANNEXATION 2-
October 2005). The current fee is $9.04 per 1AU, which equates to approximately 1
$58.58 or $96.64 per year per lot depending on lot size.
Please refer to the Engineer's Report for the establishment of the Contra Costa
County Flood Control and Water Conservation District Drainage Area 1010 approved
by the Board of Supervisors on May 10, 1988, for additional information on the
benefit assessment.
4. BENEFIT ASSESSMENT IMPLEMENTATION:
It is recommended that Minor Subdivision 04-20 be annexed into Drainage Area 1010
to provide a vehicle for maintenance and operation of the regional detention basin,
West Alamo Creek and creek improvements located within the drainage area.
It is recommended that: (1) assessments on the new lots be levied in the fiscal year
following the filing of the final map creating them-, (2) the legislative body (Board of
Supervisors) may annually determine the cost of the services financed by the
assessment and, by ordinance or resolution, establish the amount of the assessment;
(3) a portion of the assessment may be used for maintaining a reserve fund equal to
five times the estimated annual cost of the services; and (4) the annual assessment
established by the Board of Supervisors shall not exceed a maximum of$35.43 per
1AU (1,000 square feet of impervious surface), adjusted up from $24.18 (1988
dollars) to account for inflation.
Table A
Lot Size(Sq. Ft.) Impervious Area Annual Maximum Annual
Units (I.A.U.)per Maintenance Assessment Limit(2)
lot Benefit Assessment
(1)
14,000 ft and up 6.48 $58.58 $229.59
40,000 ftand up 10.69 $96.64 $378.75
(1) Annual Assessment based on $9.04 per I.A.U.
(2) Maximum Assessment is based on $24.18 in1988 dollars and is subject to an
annual increase in accordance with the Engineering News Record San Francisco
Cost Index. As of October 2005, the Maximum Annual Assessment Limit is
$35.43 per I.A.U.
RVF:cw
G:\GrpData\F1dCt1\CurDev\DA Annexations\DA 1010 Anex.2 MS 04-20\ER DA 1010-Anex.2 MS O4-20.doc
3
EXHIBIT C 1
Annexation of Minor Subdivision 04-20 into the Contra Costa County Flood Control
and Water Conservation District Drainage Area 1010 Assessment
Assessment Ballot
Assessor's Parcel Nos.: 220-080-023
Annexation of: Minor Subdivision 04-20
Record Owner: Matthew D. Beinke
Address: 320 Canyonwoods PI.
San Ramon, CA 94583
Yes, I approve of both the proposed annual assessment of $9.04 per
IAU and the maximum annual assessment of $35.43 per IAU on each
of the,parcels identified in this ballot.
No, I do not approve of either the proposed annual assessment of
$9.04 per IAU or the maximum assessment of $35.43 per IAU on each
of these parcels.
Signature o icor wner or Authorized
Representative of the above identified parcels.
Date
RVF:cw
G:\GrpData\FldCtl\CurDev\DA Annexations
\DA 1010 Anex.2 MS O4-20\Ballot-Exhibit CA=
10/21/05