HomeMy WebLinkAboutRESOLUTIONS - 12011987 - 87-716 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Order on December 1 , 1987 by the following vote :
AYES: Supervisors Powers , Schroder; Torlakson -and :DIcPeak
NOES : None
ABSENT Supervisor Fanden
ABSTAIN: None
RESOLUTION NO.87/716
(West' s Water Code App.
Ch . 63, Sec. 12.2 and 12 .3)
Government Code Section 54715
SUBJECT : Establishment of Drainage Area 520 , Oakley Area .
Project No . 7505-6F8191
The Board of Supervisors of Contra Costa County , as the
governing Board of the Contra Costa County Flood Control and
Water Conservation District , RESOLVES THAT ;
On October 27 , 1987 , this Board set a public hearing
proposing to establish Contra Costa County Flood Control and
Water Conservation District Drainage Area 520 , consisting of that
real property described in Exhibit "A" , attached hereto .
On December 1 , 1987 , pursuant to the Board ' s resolution of
October 27 , 1987 , this Board held a hearing on the question of
the establishment of said drainage area and adoption of benefit
assessments . At the time and place fixed for said hearing before
this hoard , all written and oral objections presented concerning
the proposed actions were considered .
This Board FINDS that any valid written protests filed do
not represent -,more than one- half of the assessed valuation of
real property contained in proposed Drainage Area 520 .
It appears from the affidavits of publication on file with
this Board that all notices required to be given for such a
hearing have been duly and regularly given and all procedures
have been followed in accordance with Sections 11 and 12 . 3 of the
Contra Costa County Flood Control and Water Conservation District
Act .
This Board has received no resolution or ordinance adopted
by an affected city requesting the exclusion of territory from
proposed Drainage Area 520 .
This Board hereby DETERMINES that it can be seen with
certainty that there is no possibility that the formation of
Flood Control District Drainage Area 520 may have a significant
effect on the environment , therefore , the project is not subject
to the California Environmental Quality Act pursuant . to Section
15061 ( b ) ( 3 ) of Chapter 3 of said Act ' s guidelines .
This Board hereby FINDS that good cause exists for the
establishment of Drainage Area 5ZO and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 520 is ESTABLISHED , consisting of the real property
described in Exhibit " A" attached hereto and that the benefit
assessment as set forth in the engineer ' s report attached hereto
are adopted . (Exhibit "B")
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this project .
Government Code Section 54701-54718 ( Benefit Assessment Act
RESOLUTION NO . 87/ 716
of 1982 ) provide for the adoption of annual benefit assessments
for drainage or flood control services , for the establishment of
zones or areas of benefit , and for the levy of annual assessments
against real property to which such services may be made
available .
The Chief Engineer has previously filed with the Clerk of
the Board the written report required by Government Code Section
54716 proposing the adoption of annual assessments for drainage
or flood control services to be levied against the real property
described in said report and the aforementioned Exhibit "A" .
This Board hereby APPROVES said report , ESTABLISHES an area of
benefit corresponding with the real property described in Exhibit
"A" attached hereto and PROPOSES the adoption of the annual
assessments described in the Engineer ' s Report attached hereto .
This Board hereby DIRECTS that the County Clerk ( Elections
Clerk ) take all steps necessary to conduct the election required
by Government Code Section 54717 . Said election shall be
conducted by mailed ballots pursuant to Elections Code Section
1340 and shall be held on the earliest date permitted by law .
The annual assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54715 shall take
effect upon the certification by the County Clerk ( Elections
Clerk ) that a majority of the voters have duly approved the
proposed assessments , as required by Government Code Section
54717 . The annual assessments shall be payable as follows :
1 ) all new lots 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 ( $35 . 61
per IAU ) ; 4 ) that a levy equal to twice the annual maintenance
amount be levied until a reserve fund equal to 5 times the
estimated annual maintenance cost has been created , and that the
annual levy be increased by the factor of two to restore the
reserve fund to its recommended amount; 5 ) the developer shall
reimburse the Flood Control District for all maintenance costs
( not to exceed $25 ,000 as an accumulative total ) in excess of the
revenue from levied assessment until such a time as 75 percent of
the lots have been improved and these lots are paying the annual
assessment . The annual assessment shall be increased annually to
account for inflation .
1 hereby certify that this Is a true and correct cT py.cd
an action taken and en4ered on the minutes o4 the
Board of Supervisors on!ha dalo shown.
ATTESTED: n F 1 1987
PWit.BATCfiE1.043, Clerk
_of mrd Srard
of Supervisors and County Administrator
By L... , Deputy
Orig . Dept: Public Works (FCE)
cc : County Administrator -
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Chief Engineer
Accounting
Engineering Services
S . Mellema , P . O . Box 218
Danville , CA 94526-0218
County Clerk-Electrons.
RESOLUTION NO . 87/ 716