HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-026 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 January 18, 2000,by the following vote:
AYES: SUPERVISORS GIOIA, UILICEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NON
RESOLUTION NO.2000/26
SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage
Area 520 and Adoption of Annual Benefit Assessments, Oakley 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, §§ 54701-54718)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 administration, as well as the cost of installation and improvement of
drainage and flood control facilities.
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.
The developers of Subdivision 6963 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#1 to Contra Costa County Flood Control &
Water Conservation District Drainage Area 520." 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 520, 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 a.m. on March 14, 2000, 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 forty-five (45) days prior to the date of the public hearing.
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.
RESOLIMON NO. 2000/26
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.
G:\GrpData\F1dCtl\Administration\Board Orders\2000 BO\DA520 reso-6963.doc I hereby certify that this is a true and correct copy of
Orig.Dept: Public Works(FC) an action taken and entered on the minutes of the
cc: County Administrator Board of Supervisors on the date shown.
Community Development ATTESTED: January 18, 2000
Building Inspection HIL BATCHE OR,Clerk of the Board
County Counsel
County Assessor f Supervisor and County Administrator
County Treasurer-Tax Collector
County Auditor-Controller By ,Deputy
Chief Engineer(Public Works)
Flood Control Engineering
Accounting
Engineering Services
RESOLUTION NO. 2000/26
ENGINEER'S REPORT
FOR
ANNEXATION #1
TO
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
DRAINAGE AREA 520
PREPARED BY THE STAFF OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
255 GLACIER DRIVE
MARTINEZ, CA 94553
JANUARY 2000
1. RECOMMENDATION
It is recommended that the Board of Supervisors authorize Annexation Number 1 to Flood
Control District Drainage Area 520 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 520 was formed on December 1, 1987, and is located in the vicinity of the Laurel
Road crossing of Marsh Creek in the City of Oakley. The existing site is bounded on the south
by Laurel Road, west by Marsh Creek and east by the Atchison, Topeka and Santa Fe Railway
and is comprised of two subdivisions, Tracts 5946 and 6819. The exact location is shown on
Contra Costa County Flood Control and Water Conservation District Drawing No. D-12574. The
proposed annexation of pending Subdivision 6963 (Delta Isle) to Drainage Area 520 will extend
these boundaries to the south by 36.28 acres. A boundary description is attached as Exhibit
«A„
3. REASONS FOR THE ANNEXATION
The area of the proposed annexation consists of 36.28 acres of land, which includes one
pending subdivision, Tract 6963. The subdivision will create 197 single-family residential parcels
that vary in size from 4000 square feet to 8999 square feet. 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 Marsh 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 will excavate a detention basin within the project
area to regulate the storm water flowing into Marsh 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. The annexation to Drainage Area 520 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 520 from Subdivision 6963 will
be used for maintenance of the detention basin including its access road. Basin maintenance
will also cover silt removal, embankment repair, and other scheduled maintenance type
activities.
2
5. ESTIMATE OF MAINTENANCE COST
The annual maintenance cost for the detention basin is estimated to be $ 12,000.00. The
breakdown of the cost is enumerated below:
1. General Cleanup and Right of Way $ 6,000
Maintenance
2. Desilting $3,000
3. Inspection & Storm Patrol $1,000
4. Embankment & Outlet Control Structure Repair $2,000
Total Annual Maintenance Costs $12,000
6. BENEFIT ASSESSMENT
For Subdivision 6963, the annual benefit assessment per lot, on the average, is
approximately $65.00. Below is the information about the benefit assessment for this
development:
A. Annual Maintenance Benefit Assessment:
The impervious surface that will be created by Subdivision 6963 is approximately
545 Impervious Area Units (1 IAU = 1,000 square feet) based on information on
file in the Flood Control District office. The annual maintenance cost assigned to
each IAU is $22.02 ($12,000 divided by 545 IAU). This results in an annual levy of
approximately $65 per lot. The exact levy per lot is listed in Table A.
B. Reserve Fund:
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. For Subdivision 6963, this.reserve fund will be
$60,000.00.
The reserve fund will be reached by levying a benefit assessment of one and one-
half (1.5) times the annual rate but not less than $33.03 per IAU. The $33.03
annual levy per IAU should be implemented until the reserve fund of$60,000.00 is
established.
3
The reserve fund would provide immediate funding for unscheduled maintenance
such as:
1. Bank Repair 1,500 cy @ $30.00/cy $45,000
2. Fence repair 250 If @ $20/If $ 5,000
3. Desilt upstream pipe 4 days @ $2,500/day $10,000
TOTAL $60,000
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 condition, 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 one and one-half (1.5) times 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 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 $70,000.00.
It is recommended that the maximum benefit assessment used in the formation of
Drainage Area 520 be adopted for this annexation. Those rates are shown in
Table A. The only change made is the addition of a maximum assessment for lot
sizes in the 8000 to 8999 square feet range. This lot size range was not covered in
the report for the formation of DA 520 since there was no lot size in that range for
the two previous subdivisions. The maximum benefit assessment for lot sizes
ranging from 8000 to 8999 square feet is $ 115.02 (i.e., 3 times 3.23 times
$11.87), which is consistent with the rate established in 1987. .
The District appreciates the fact that the annual maximum benefit assessment
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.
The maximum assessment shall be increased annually to account for inflation.
4
7. BENEFIT ASSESSMENT IMPLEMENTATION
The annexation to Drainage Area 520 provides 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 $35.61 per IAU which matches the maximum annual
assessment established for DA 520 in 1987 and is subject to annual increase due to inflation;
4) that a levy equal to one and one-half the annual maintenance amount be levied on the 197
lots within Tract 6963 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 1.5 to restore the reserve fund to its recommended amount; and 5)
the developer of Tract 6963 shall reimburse the Flood Control District for all maintenance costs
in excess of the revenue from levies assessed until such a time as 75 percent of the lots have
been improved and these lots are paying the annual assessment.
TABLE A
ANNUAL ANNUAL MAXIMUM
I.A.U. MAINTENANCE MAINTENANCE & ANNUAL
LOT SIZE IMPERVIOUS BENEFIT RESERVE FUND ASSESSMENT
SQ. FT. AREA UNITS ASSMT. (1) BENEFIT ASSMT. LIMIT(2)
4000-4999 2.69 $ 59.23 $ 88.85 $ 95.79
5000-5999 2.81 $ 61.88 $ 92.82 $100.05
6000-6999 2.93 $ 64.52 $ 96.78 $104.34
7000-7999 3.05 $ 67.16 $ 100.74 $108.60
8000-8999 3.23 $ 71.12 $ 106.68 $115.02
(1)Annual Assessment based on annual assessment rate of$22.02/IAU
(2) Maximum Assessment is based on 1987 dollars and is subject to annual increase due to inflation dating back
to 1987.
G:I GrpData IfldctAMconsola IMiscellaneouslda520
5
LEGAL DESCRIPTION
REAL PROPERTY in an unincorporated area, County of Contra Costa. State of Califortila, described as
follows:
Portion of the North 112 of Section 31. Township 2 North. Range 3 East, Mount Diablo Base and Meridian,
more particularly described as 4ollows:
Beginning at a 5/8" rebar with plastic cap, L.S. 3424,set at the North 1/4 corner of said Section, thence
westerly along the North line of the northwest quarter of sold Section North 890 27' 21"Wes(. $72.34 feet
to a 5/8"rebar with plastic cap. L.S. 3424, set on the easterly tight-of-way title of 1110 Contra Costa County
Flood Control and Water Conservation District (hereinafter referred to as "District") as defined by (lie
existing "District- standard monuments, sold monuments being a brass disc set In concrete, thence along
said easterly right-of-way line the following courses. South 250 30' 01* East, 142.04 feet to a standard
"District* monument set at the beginning of a curve concave to the southwest having a radius of 1057.00
feet; thence southeasterly 158.36 feet along said curve through a central angle of 81' 35' 02"to a standard
"District" monument; thence South 160 54' 59" East, 66.06 feet to a point on the West line of that certain
parcel of land described In the Deed from Rosa KristIch, a widow, to Alfred L. DeJesus and Darlene
DeJesus, his wife, recorded December 31, 1976,In Book 8148, Official Records, Page 200, Contra Costa
County Records: thence leaving said "District" right-of-way line, along last said West line the following
courses South 23* 37' 21* East. 135.90 feet; South 1011 15' 21" East. 136.80 feet to a point on said
"District" right-of-way line on a non-tangent curve concave to the northeast having a radius of 443.00 feet,
a radial line to which bears South 72* 52' 29"West;thence leaving sold westerly line of 8148 O.R. 200,
along said easterly"District" right-of-way southeasterly 237.55 feet along last said curve through,a central
angle of 300 43* 28" to a standard "District" monument; thence South 470 50' 58" East. 553.31 feet to a
standard "District" monument set at the beginning of a curve concave to the southwest having a radius
of 557.00 feet; thence southeasterly 138.91 feet along said curve through a central angle of 14* 17' 19"
to a point on the easterly line of said northwest quarter. thence leaving last said.district right-of-way line.
along last said easterly line North 01" 19'31" East, 538.26 feet to 1" Iron pipe; on the northerly line of the h
parcel of land described In the Deed to Edwin B. Sellers et ux, dated December 14, 1932 and recorded
January 31. 1933 In Book 345 of Official Records, at Page 18. thence South 89* 28' 35" East, along said
northerly line and Its easterly extension 1657.99 feet to a 314" Iron pipe set on the westerly tight-of-way
of that parcel of land described in the Deed to Sep Joaquin Valley Railway Company, recorded
October 19, 1898, In Bbok 79, Deeds, Page 467; thence along last said westerly right-of-way line the
following courses* North 470 02' 54"-West. 380.46 feet to the beginning of a curve concave to the
southwest having a radius of 11.406.20 feet; thence northwesterly 577.47 feet along said curve through
a central angle of 21, 54' 00" thence North 490 56' 54"West, 142.49 feet to a point on the North line of the
northeast quarter of said Section 31; thence westerly along said North line, North 89* 28'23*West.821.17
feet to the point of beginning.
amtaining 36.28 acres more or less. FESS/OXY
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EXHIBIT "B"
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 9:00 a.m. on March 14, 2000 in its
chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553, as the
time and place for a hearing on proposed Annexation No. 1 to Drainage Area 520 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 520 of
Subdivision 6963, located in the Oakley Area. 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 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.
G:\GrpData\F1dCtl\WORK\Annex Legal Notice Mst.doc
EXHIBIT "C"
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-030-036
Annexation of: Subdivision 6963
Record Owner: Dolley & Sons
A California Limited Partenership
Robert L. Dolley, General Partner
Address: 1442 E. Irvine Blvd., Ste. 205
Tustin, CA 92781
Yes, I approve of the proposed annual assessment of $22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpData\FIdCtI\WORK\Annex of Subd 6963.doc
12/99
EXHIBIT "C"
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-030-036
Annexation of: Subdivision 6963
Record Owner: Thiel Eugene White
Address: 155 North Jewell Place
Orange, CA 92668
Yes, I approve of the proposed annual assessment of$22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpData\FIdCtl\WORKWnnex of Subd 6963.doc
12/99
EXHIBIT "C"
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-030-036
Annexation of: Subdivision 6963
Record Owner: Suzanne Fish, Formerly Suzanne Salloum
Trustee of the Patricia A Fraser Revocable Trust
Dated May 29, 1984
Address: 1320 N. Manzanita
Orange, CA 92867
Yes, I approve of the proposed annual assessment of$22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpDataTIdCtl\WORK\Annex of Subd 6963.doc
12/99
EXHIBIT "C"
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-030-036
Annexation of: Subdivision 6963
Record Owner: Roderick A. Fraser III
Trustee of the Patricia A Fraser Revocable Trust
Dated May 29, 1984
Address: 1320 N. Manzanita
Orange, CA 92867
Yes, I approve of the proposed annual assessment of $22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpData\FldCtl\WORK\Annex of Subd 6963.doc
EXHIBIT "C$
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-150-012
Annexation of: Subdivision 6963
Record Owner: Dolley & Sons
A California Limited Partenership
Robert L. Dolley, General Partner
Address: 1442 E. Irvine Blvd., Ste. 205
Tustin, CA 92781
Yes, I approve of the proposed annual assessment of $22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
G:\GrpData\F1dCt1\W0RK1Annex of Subd 6963.doc
12/99
EXHIBIT "C"
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-150-012
Annexation of: Subdivision 6963
Record Owner: Thiel Eugene White
Address: 155 North Jewell Place
Orange, CA 92668
Yes, I approve of the proposed annual assessment of$22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpData\FIdCtl\WORK\Annex of Subd 6963.doc
12/99
EXHIBIT "C"
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-150-012
Annexation of: Subdivision 6963
Record Owner: Suzanne Fish, Formerly Suzanne Salloum
Trustee of the Patricia A Fraser Revocable Trust
Dated May 29, 1984
Address: 1320 N. Manzanita
Orange, CA 92867
Yes, I approve of the proposed annual assessment of$22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpDataTIdCtl\WORK\Nnnex of Subd 6963.doc
12/99
EXHIBIT dicyt
Annexation #1 to the
Contra Costa County Flood Control and Water Conservation District
Drainage Area 520
Assessment Ballot
Assessor's Parcel Nos.: 033-150-012
Annexation of: Subdivision 6963
Record Owner: Roderick A. Fraser III
Trustee of the Patricia A Fraser Revocable Trust
Dated May 29, 1984
Address: 1320 N. Manzanita
Orange, CA 92867
Yes, I approve of the proposed annual assessment of$22.02 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $22.02 per
IAU on each of the parcels identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcel
Date
Ballot should be returned to: Contra Costa County Flood Control and Water Conservation
District, 255 Glacier Drive, Martinez, CA 94553
GAGrpData\F1dCU\W0RK\Annex of Subd 6963.doc
ASSESSMENT BALLOT NOTICE
Why did you receive this ballot?
When your development was approved, there was a requirement (condition of approval) to annex
the subdivision into Drainage Area 520, and for an annual assessment to be imposed on every lot in
your development to pay for the cost of maintaining flood control facilities within the drainage area.
The passage of Proposition 218 requires a vote on all new assessments and this is why you received
this ballot.
How much is the assessment?
For single family homes, the assessment will be based on the size of each lot. In this subdivision the
assessments will range from $88.85/year for the smallest lot to $106.68/year for the largest lot until
a $60,000 reserve fund is established. After the reserve fund is established the rate will be reduced
in accordance with the Engineer's Report. The total amount levied by the assessment, with regards
to this development, is approximately $18,000/year.
Why should you vote?
Your vote will decide if the assessment will be imposed. Only returned ballots will be counted.
Will this assessment increase in the future?
The assessment is adjusted periodically by the Board of Supervisors to account for actual
maintenance costs, but the maximum amount that can be assessed in this subdivision is $95.79/year
for the smallest lot to $115.02/year for the largest lot based on $35.61 per IAU as set forth in
Resolution No. 87/716 dated 12-1-87. The maximum assessment is adjusted for inflation in
accordance with the State of California, Construction Cost Index.
What does the assessment fund allow?
The assessment allows the Flood Control District to maintain and operate two regional detention
basins, and creek improvements within the drainage area.
How was my assessment calculated?
The annual benefit assessment amount for each Impervious Area Unit (each IAU is equal to 1,000
square feet) is the quotient of the total annual maintenance cost divided by the total IAU's in
Drainage Area 520. This results in $22.02 per IAU. The annual benefit assessment for each lot is
the product of the number of IAUs assigned to each lot times the annual benefit assessment of
$22.02 per IAU. An Engineer's Report detailing the method of assessment, budgets and
assessments for each lot is available for review at the Contra Costa County Public Works
Department, 255 Glacier Drive, Martinez, CA 94553.
Method of Voting
Only returned ballots or written letters which identify the property and specify the property owners'
support or opposition are counted.
Mail your ballot in the self addressed, postage paid envelope, or deliver it in person to the Contra
Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to
February 15, 2000, or you may hand carry your ballot to the Public Hearing on March 14, 2000.
Ballots received after the close of the Public Hearing cannot be counted. Ballots are weighted by the
amount of assessment that would be paid. If a majority of ballots returned, weighted by their
assessment, are opposed to the assessment, the assessment will not be imposed.
Ballot Procedures
This ballot is for the sole use of the property owner(s) of the parcel identified herein which is
located within Drainage Area 520. The ballot may be used to express either support for or
opposition to the proposed benefit assessment within the development. In order to be counted, this
ballot must be signed and dated in the space provided by an owner or, if the owner is a partnership
or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf
of a corporation, partnership, trust, or other entity must also indicate title or office below the
identification of the property owner (e.g., trustee, President, General Partner, etc.). If the property is
owned jointly (e.g. common, joint tenants) one or both owners may sign the ballot. There is only
one ballot for each property even though the property may have more than one owner. If both
owners of the property vote the same, the ballot counts as one vote. If both owners vote differently,
one in support and one opposed, then the votes cancel each other out, and the ballot will have a
"zero'vote.
Public Hearing
The hearing will be held on Tuesday, March 14, 2000, at 9:00 a.m. in the Board of Supervisors
Chambers, County Administration Building, 651 Pine Street, Martinez, CA. Results of the returned
ballots will be announced after the close of the public testimony portion of this meeting. At this
hearing, the Board will take final public testimony and take action on whether or not to levy the
assessment based upon the testimony and ballots received.
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