HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-027 C.
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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, UIIM%, DESAUINM, CANCIAMIUA, AND GERBER
NOES: NONE
ABSENT: NOIR
ABSTAIN: NONE
RESOLUTION NO.2000/27
SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage
Area 1010 and Adoption of Annual Benefit Assessments 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, §§ 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 8104 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 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 9:00 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.
RESOLUTION NO. 2000/27
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\DA 1010 reso.doc
Orig.Dept:Public Works(FC) I hereby certify that this is a true and correct copy of
cc: County Administrator an action taken and entered on the minutes of the
Community Development Board of Supervisors on the date shown.
Building Inspection ATTESTED: January 18, 2000
County Counsel PHIL BATCHELOR,Clerk of the Board
County Assessor of Supervi ors and County Administrator
County Treasurer-Tax Collector
County Auditor-Controller By ,Deputy
Chief Engineer(Public Works)
Flood Control Engineering
Accounting 0
Engineering Services
RES LIMON NO. 2000/27
ENGINEER'S REPORT
FOR
ANNEXATION#1
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
January 2000
1. RECOMMENDATION
It is recommended that the real property known as pending Subdivision 8104, Stevens
Ranch, (Assessor's Parcel Number 220-080-022, Parcel B 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 13 lots of pending Subdivision 8104 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 subdivision. It is
equitable that all properties benefiting by the existence of the detention basin pay a
fair share toward its annual maintenance. Therefore, Subdivision 8104 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 ft2) 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 to
account for inflation and maintenance needs. The annual assessment cannot exceed
$24.18 per IAU, the Maximum Assessment. The current fee is $2.00 per IAU,which
equates to an average rate of$11.26/year per lot.
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 Subdivision 8104 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$24.18 per
IAU(1,000 square feet of impervious surface), as adjusted annually to account for
inflation.
Table A
Lot Size (Sq. Ft.) Impervious Area Annual Maximum Annual
Units (I.A.U.)per Maintenance Assessment Limit
lot Benefit Assessment (2)
(1)
10,000 ft2 and up 5.63 $11.26 $136.14
(1) Annual Assessment based on $2.00 per I.A.U.
(2) Maximum Assessment is based on 1988 dollars and is subject to an annual
increase due to inflation dating back to 1988.
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EXHIBIT "A"
LEGAL DESCRIPTION
ANNEXATION TO DRAINAGE AREA 1010
SUBDIVISION 8104
All that Real Property situate in the unincorporated area of the County of Contra Costa,
State of California, described as follows:
Being all of Parcel "B", as said Parcel is shown and so designated on that certain Parcel
Map filed May 31, 1978 for Minor Subdivision 166-77 recorded in Book 66 of Parcel
Maps at Page 22, in the office of the recorder of Contra Costa County, more
particularly described as follows:
Beginning at the most northeasterly corner of Parcel "B" as shown on said Parcel Map
for Minor Subdivision 166-77 (66M22), said point being the True Point of Beginning,
thence from said Point of Beginning, southerly along the easterly line of said Parcel "B",
South 0(f 50'56" West, 113.691 meters to a point on the southerly line of said Parcel "B";
thence westerly along said southerly line, North 8109'04" West, 188.162 meters to a
point on the westerly line of said Parcel "B"; thence northerly along said westerly line,
North 0(f52'11" East, 113.691 meters to a point on the northerly line of said Parcel "B";
thence easterly along said northerly line, South 8909'04" East 188.131 meters to the
Point of Beginning.
Containing 21,390.564 Square Meters, or 2.139 Hectors
(Being Assessor's Parcel Number 220-080-022)
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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 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 8104, located in the Danville 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.
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EXHIBIT C
Annexation #1 to the Contra Costa County Flood Control and Water Conservation
District Drainage Area 1010
Assessment Ballot
Assessor's Parcel Nos.: 220-080-002
Annexation of: Subdivision 8104
Record Owner: Carold and Carolyn Stevens
Address: 145 Oakgate Drive
Danville, CA 94526
Yes, I approve of the proposed annual assessment of$2.00 per IAU
on each of the parcels identified in this ballot.
No, I do not approve of the proposed annual assessment of $2.00 per
IAU on each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
GAGrpData\FldCtl\WORK\EXHIBIT C Subd 8104.doc
12/20/99
ASSESSMENT BALLOT NOTICE
Why did you receive this Ballot?
When your development was approved, there was a requirement (condition of approval) to annex the
parcel(s) into Drainage Area 1010, and for an annual assessment to be imposed on every parcel 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 be $11.26/year per lot. The total amount levied by the assessment, with regards to this
development, is approximately $150.00 per 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 $136.14/year per lot. The
maximum assessment is based on $24.18 per Impervious Area Unit (each IAU is equal to 1,000 square
feet of impervious area) as set forth in Resolution No. 88/263 dated May 10, 1988. 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 the regional detention basin,
West Alamo Creek and creek improvements within the drainage area.
How was my Assessment Calculated?
The annual benefit assessment amount for each Impervious Area Unit is the quotient of the total annual
maintenance cost divided by the total IAU's in Drainage Area 1010. This results in $2.00 per IAU. 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 of$2.00 per IAU. An Engineer's Report detailing the method of assessment,
budgets and assessments for each parcel is available for review at the Contra Costa County Department of
Public Works, 255 Glacier Drive, 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 envelop, 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 can not 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 owners) of the parcel identified herein which is located
within Drainage Area 1010. The ballot may be used to express either support for or opposition to the
proposed benefit assessment within this 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 property 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 94553. 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 assessments based
upon the testimony and ballots received.
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01/11/00
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