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Home My WebLink AboutMINUTES - 11152005 - C.27 SE Contra TO: BOARD OF SUPERVISORS, AS GOVERNING �t�- ��--��' BOARD OF THE FLOOD CONTROL&WATER CONSERVATION DISTRICT Costa[.�� . FROM: MAURICE M. SHIU, CHIEF ENGINEER O = "~ UT3't'I County DATE: November 15,2005 SUBJECT: Set Public Hearing for December 20, 2005,to Annex Minor Subdivision 04-20 into FIood Control District Drainage Area 1010, and Authorize Chief Engineer to mail out Proposition 218 Ballots. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Adopt Engineer's Report for Annexation#2 to Drainage Area 1010, and Fix December.20, 2005; at 9:30 a.m., for Public Hearing, and Direct the Chief Engineer to mail ballots to parcel owners for Minor Subdivision 04-20 in compliance with Proposition 218,Danville Area. CONTINUED ON ATTACHMENT: ❑x SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION BOARD CO EE APPROVE OTHER, SIGNATURE(S):4,; &4_ ACTION OF BOARD ON X 1'v!i w7 -G 7 w PJ0VED AS RECOMMENDED V OTHER VOTE O UPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT //� COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT '41 MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: Bob Faraone(925)313-2390 - G:\GrpData\FldCtl\Board Orders 2005 Onward\2005 BO\BO Fix Hearing MS 04-20 11-15-05.doc ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS cc: County Administrator County Assessor "County Auditor-Controller ' County Counsel County Treasurer-Tax Collector BY: ,DEPUTY Building Inspection - - Cotmnunity Development Public Works Department Chief Engineer(Public Works) Engineering Services Flood Control Engineering Matthew D.Bendte 320 Canyon Woods PI. San Ramon,CA 945824204 Lisa Keidel CBG 6111 Bollinger Canyon Road San Ramon,CA 94583 SUBJECT: Set Public Hearing Ac' ecember 20, 2005, to Annex Minor Solivision 04-20 into Flood Control District Drainage Area 1010, and Authorize Chief Engineer to mail out Proposition 218 Ballots. 7 DATE: November 15, 2005 C�d° PAGE: 2 of 2 FISCAL IMPACT: There is no Fiscal Impact to the County'General Fund. REASONS FOR RECOMMENDATIONS AND BACKGROUND: As a condition of Development,Minor Subdivision 04-20 is required to annex to Flood Control District Drainage Area 1010. Since anannexation to drainage areas requires a Proposition 218 vote,this Board is also authorizing the Chief Engineer to mail the voting ballots to the current property owners; and prior to the hearing,the Chief Engineer shall certify the tabulation of the Ballots. 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 C CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Adopted this Resolution on November 15, 2005, by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ SUBJECT: ADOPT Engineer's.Report for Annexation #2 to Drainage Area 1010, and FIX December 20, 2005, at 9:30 a.m., for Public Hearing, and D] ECT the Chief Engineer to mail ballots to parcel owners for Minor Subdivision 04-20 in compliance with Proposition 218, Danville Area. 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: Sections 12.6-and 12.7 of the Contra Costa County Flood Control and Water Conservation District Act (West's Wat. Code App., §§ 63-12.6 and 63-12.7; referred to as the."Act") provide authority for the Board to conduct proceedings for the annexation of parcels or tracts of land to an existing drainage area. The Benefit Assessment Act of 1982 (Gov. Code, §§ 54703-54718) provides authority for the Board to propose for adoption annual benefit assessments for the purpose of funding the maintenance and operation costs of drainage and flood control services, as well as the cost of installation and improvement of drainage and flood control facilities. RVF:cw G:\GrpData\FldCtl\Board Orders 2005 Onward\2005 Resolutions I hereby certify that this is a true and correct copy of an \BO Reso-Fix Hearing MS 04-20 11-15-05.doc action taken and entered on the minutes of the Board of Orig.Dept:Public Works(Flood Control) Contact: Bob Famone(925)313-2390 Supervisors on the date shown. cc: County Administrator County Assessor ) County Auditor-Controller �(Je a yja/ A(, County Counsel ATTESTED: County Treasurer-Tax collector JOHN SWEETEN,Clerk of the Board of Supervisors and Building Inspection Conununity Development County Administrator Public Works Department Chief Engineer(Public Works) Engineering Services Flood Control Engineering By. Matthew D.Beurke Deputy 320 Canyon Woods Pl. San Ramon,CA 94582-4204 Lisa Keidel CBG 6111 Bollinger Canyon Road San Ramon,CA 94583 RESOLUTION NO. 2005/ 3 SUBJECT: ADOPT Engineer's Report for Annexation#2 to Drainage Area 1010, and FLVDecember 20, 2005, at 9:30 a.m., for Public Hearing, and DIRECT the Chief Engineer to mail ballots to parcel owners for Minor.Subdivision 04-20 in compliance with Proposition 218, Danville Area. DATE: November 15, 2005 PAGE: 2 Section 4 of Article XIII D of the California Constitution (Right to Vote on Taxes Act) and Government Code Section 53753 (Proposition 218 Omnibus Implementation Act) provide a standard procedure for the approval and levy of special benefit assessments. As conditions of approval of their developments, the owners of the parcels described in Exhibit A attached hereto are required to annex their parcels for the purpose of funding the maintenance and operation costs of the drainage and flood control service provided to the parcels. Annexation of the parcels was addressed by the California Environmental Quality Act document prepared for minor Subdivision 04-20. The developers of Minor Subdivision 04-20 have requested that the proceeding for the annexation and adoption of annual benefit assessments be instituted by the Board for the parcels described in Exhibit A attached hereto. The Board has before it for consideration, the above described petition, the boundary map and the engineer's report entitled "Engineer's Report for Annexation#2 to Contra Costa County Flood Control & Water Conservation District Drainage Area 1010." Said documents, which describe the area proposed to be annexed and which provide an estimate of the current annual maintenance and operation costs of the drainage and flood control services and the amounts of the proposed assessments, are on file with and may be examined at the Office of the Clerk of the Board of Supervisors, Administration Building, 651 Pine Street, Martinez, California. NOW, THEREFORE, the Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, FINDS and RESOLVES as follows: All of the foregoing recitals are true and correct, and the above-described petition complies with the requirements of Section 12.6 of the Act (West's Wat. Code App., § 63-12.6). It is proposed that the real property described in Exhibit A, attached hereto, be annexed to Drainage Area 1010, that the drainage area boundaries be changed accordingly, and that annual benefit assessments be levied against the real property described in Exhibit A attached hereto, as set forth in the above- described engineer's report. At 9:30 a.m. on December 20, 2005, in the Chambers of the Board of Supervisors, Administration Building' 651 Pine Street, Martinez, California, this Board will conduct a public hearing on the proposed annexation and change in drainage area boundaries and on the proposed annual benefit assessments. The Board DIRECTS the Chief Engineer of the Flood Control District to mail written notice of the hearing, in the-form attached as Exhibit B, to the record owner of each identified parcel within the area described in Exhibit A. The notice shall include an assessment ballot in the form attached as Exhibit C and shall be mailed at least thirty(30) days prior to the date of the public hearing. RESOL UTION NO. 20051A37 SUBJECT: ADOPT Engineer's Deport for Annexation#2 to Drainage Akio, anfr 7 ,' f ember 20, 2005, at 9:30 a.m., for Public Hearing, and DIRECT the Chief Engineer to mail ballots to parcel owners for Minor Subdivision 04-20 in compliance with Proposition 218, Danville Area. DATE: November 15, 2005 PAGE: 3 The Board FURTHER DIRECTS the Clerk of the Board to publish notice of the hearing, in the form attached as Exhibit B, pursuant to Sections 3.3 and 12.7 of the Act (West's Wat. Code App., §§ 63- 3.3 and 63-12.7), once a week,for two (2) consecutive weeks prior to the hearing, with at least five (5) days intervening between the respective publication dates—not counting such publication dates, in the Contra Costa Times, a newspaper of general circulation.published in the drainage area. Publication shall be completed at least seven(7) days prior to the date of the public hearing. The Board FURTHER DIRECTS that, immediately before the hearing, the Chief Engineer shall tabulate the ballots. At the hearing, the Board will consider any objections or protests to the proposed benefit assessments and certify the tabulation of the ballots. The Board shall not impose the assessments if there is a majority protest. A majority protest exists if, upon conclusion of the hearing,ballots submitted in opposition to the assessments exceed the ballots submitted in favor of the assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. At the conclusion of the hearing, the Board may adopt, revise, change, reduce, or modify the proposed assessments. At the hearing, the Board will hear all persons interested in or affected by the proposed change in the drainage area boundaries, and will hear all relevant evidence for or against the annexation petition. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed. RESOLUTION NO. 20051 737 OCTOBER 21, 2005 JOB NO. : 1172-00 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 J QS 1 SEL A. GARCIA L.S. NO. - 528S EXPIRES : DECEMBER 31, 2005 CSH/rjw p:\1100 - 1199\1172-00\LEGALS\LG-003.D0C PARCEL A TRACT 7041 a 333 M 19 co N8912'34"W 406.61' PAROL B PAROL l' � _ � TRACT �'0�, 1TRACT 70� 333 M 19 333 M 19 CD u� Z N86'39'06"E 210.96' � N U LD cLDra PARCEL C 0) o MS 166-77 c ^ 04 66 PM 22 Cj w TOTAL ACREAGE = 5.5 AC. o r— W u') co � C) � t*a z o cV _ Z T 0) Q U cc) T-_ ua U 60N89'09'04"W 617.16' r SUBDIVISION 8104 D_ BRANDEL `R X24 M 17 w o c- tm > LOT 8 o o r - o o `� cs� `4 � 94 � _ 4 w o � " CP wz v o � d O EXHIBIT 'A' TO ACCOMPANY LEGAL DESCRIPTION MS O4-0020 - 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 72\ACAD\PLATS\PLAT2.dwg r ENGINEER'S REPORT FOR ANNEXATION 92 (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 AOXATION 2 1. RECOMMENDATION 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 Blackhawk 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. BENEFTT 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 fe) 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 $35.43 per IAU ($24.18 in 1988 dollars and indexed to D 2 DRAINAGE AREA 1010 ANOXATION 2 October 2005). The current fee is $9.04 per IAU, which equates to approximately $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 IAU (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 ftand up 6.48 $58.58 $229.59 40,000 ft and 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 inl988 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\F1dC1l\CurDev\DA Annexations\DA 1010 Anex.2 MS 04-20\ER DA 1010-Anex.2 MS O4-20.doc 3 LEGAL PUBLICATION REQUISTION Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA'94596 EMY L. SHARP NOVEMBER 15 , 2005 Requested by: . Date: Phone No:- 925-335-,.903 Reference No:-_ 1108 0651 6L83TV FS05044 Org: Sub Object: .219Q Task: SAS Activity: Publication Date.(s): . DECEMBER 05, 2005 AND DECEMBER 121 2005 - i i No. of Pages: (2) . LEGAL PUBLICATION- ANNEXATION_N0. 2 TO DRAINAGE AREA 10 .0, AND FIX THE HEARING ON DECEMBER 20, 2005 "e-mail" ••**immediately upon expiration ofpublication••••=.-— - send in one affidavit for each publication in order that the auditor-may be authorized to pay your bill. Authorized Signature: Please contrrn date of publication &- receipt of this fax. CONTRA COSTA COUNPY PUBLIC WORKS DEPARTMENT 25_5 Glacier Drive Martinez, CA 94553 The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and Water Conservation District, has set 9:30 a.m. on December 20, 2005 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 1010 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 1010 of Subdivision MS 04-20 located in the Danville Area. Precise descriptions are contained in the boundary descriptions. The boundary maps, boundary descriptions of the areas, and engineer's report have been prepared for the proposed annexation. 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 and 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 and against the petition. It is the Board's intention to levy annual benefit assessments upon the parcels proposed to be annexed. I lierebv certify that this is a true and correct cope of an action taken and entered on the minutes of the Board of Supervisc,rs on the date shown. ATTESTED: November 15. 2005 JOHN SWEETEN.Clerk of the Board of Supervisors and County Admiiiistrator By Emv L Sharp Denntv Publication Dates: December 05, 2005 December 12, 2005