The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012000 - 2000-104 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 March 14,2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEKA, DESAULNIER, CANCIAMILLA and GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/104 SUBJECT: Annexation No. 1 to Flood Control District Drainage Area 1010 and the Levy of Annual Benefit Assessments for Financing Drainage and Flood Control Services, 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: On January 18,2000,the Board adopted Resolution No. 2000/27 announcing its intention to annex 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 March 14, 2000 on the proposed annexation,change in drainage area boundaries, and annual benefit assessments; and On March 14, 2000,pursuant to Resolution No. 2000/27,the Board held a public hearing on the proposed annexation, change in drainage area boundaries, 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. 2000/27,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. 2000/27; 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 the activity, annexation to Flood Control Drainage Area 1010 and adoption of annual benefit assessments, is not subject to the California Environmental Quality Act (CEQA)pursuant to Article 5, Section 15061(b)(3), of the CEQA Guidelines. This Board hereby DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk. This Board hereby AUTHORIZES the Chief Engineer to arrange payment of the $25 handling fee to the County Clerk for filing the Notice of Exemption. 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 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 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; Resolution No. 2000/104 V 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 State of California, Construction Cost Index. BY�/1`'�J` 1�911ld�—,Deputy I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervis on the date shown. NL:jlg ATTESTED: hil Batchelor,Clerk of the Board G:\GrpData\FldCtl\Administration\Board Orders\2000 BO\BO resp 1010.doc of Supervisors and County Administrator Orig.Dept:Public Works(FC) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller Chief Engineer(Public Works) Flood Control Engineering Accounting Engineering Services Resolution No. 2000/104 E 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 comer 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 OeW'56"West, 113.691 meters to a point on the southerly line of said Parcel "B"; thence westerly along said southerly line, North 81 09'04" West, 188.162 meters to a point on the westerly line of said Parcel "B"; thence northerly along said westerly line, North 0{2°52'11" East, 113.691 meters to a point on the northerly line of said Parcel "B"; thence easterly along said northerly line, South 809'04" East 188.131 meters to the Point of Beginning. Containing 21,390.564 Square Meters, or 2.139 Hectors (Being Assessor's Parcel Number 224-080-022) Q?110t ESS/� 5.004 Acres ti Pia LEE F � N ao # -31- A 1"A CIVIL F OF C A 0000 Ct I It If It ItLAJ U- TE 0f' .apt t�a f yaw