HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-245 l
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 May 16, 2000,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA ANIS GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.2000J245
SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage
Area 76A and Adoption of Annual Benefit Assessments Alamo 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.
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 8239 and Minor Subdivision 3-00 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#3 to Contra Costa County Flood Control &
Water Conservation District Drainage Area 76A." 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.
R1±SOUHION NO. 2000/245
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 76A,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 9.40 a.m. on July 11,2000, 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.
RFSaI.tT ON NO. 2000/245
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 pact of the parcels proposed to be annexed.
G:\GrpData\F1dCtl\Administration\l:3oard Orders\2000 BO\DA76A resp-8239.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: _I May 16, 2000
Building InspectionHIL BATCHELOR,Clerk of the Board
County Counsel f Supervise nd Coun Administrator
County Assessor `
County Treasurer-Tax Collector
County Auditor-Controller By ,Deputy
Chief Engineer(Public Works)
Flood Control Engineering
Accounting
Engineering Services
RES(7UMON NO. 2000/245
ENGINEER'S REPORT
FOR
ANNEXATION 43
TO
CONTRA.COSTA FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
DRAINAGE AREA 76A
PREPARED BY THE STAFF OF THE
CONTRA COSTA COUNTY FLOOD CONTROL
AND
WATER CONSERVATION DISTRICT
255 GLACIER DRIVE
MARTINEZ, CA 94553
May 24010
1. RECOMMENDATION
It is recommended that the real property known as pending Subdivision 8239, and
pending Minor Subdivision 3-00(Assessor's Parcel Numbers 192-210-005 and 192-
210-012,respectively) in an unincorporated area of Contra Costa County be annexed
into Contra Costa County Flood Control and Water Conservation District Drainage
Area 76A, and that benefit assessments pursuant to Government Code Sections 54703
through 54718 be levied.
2. LOCATION:
The drainage area is located in the Alamo area.The area is located northeast of the
intersection of Miranda Avenue and Livorna Road. The site is bounded on the west
and north by the City of Walnut Creek and on the east by the East Bay Regional Park
District. The specific location is shown on Contra Costa County Flood Control and
Water Conservation District Drawing D-12573.
Boundary descriptions of the areas to be annexed are attached as Exhibit"A".
3. REASON FOR ANNEXATION:
On December 1, 1987, Drainage Area 76A was established to provide a legal entity
under which benefit assessments could be levied for maintenance of two detention
basins. The basins were constructed because the creation of new impervious surface
on previously undeveloped land downstream of the basins was expected to increase
flows into Miranda Creek. The basins regulate storm water flowing into the creek in
order to prevent the possibility of flooding. Subdivision 8239 and Minor Subdivision
3-00 benefit from this flood protection. It is equitable that all properties benefiting by
the existence of the detention basins pay a fair share toward their annual maintenance.
Therefore, Subdivision 8239 and Minor Subdivision 3-00 should be annexed to
Drainage Area 76A.
BENEFIT ASSESSMENT:
The benefit assessments collected within Drainage Area 76A are used only for
maintenance and operation of the regional detention basins,within the Flood Control
District right-of-way limits.
The annual benefit assessment amount for each Impervious Area Unit(one IAU
equals 1,000 ft) 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
$65.07 per IAU, the Maximum Assessment. The current fee is $10.15 per IAU, which
equates to an average rate of$78.25/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 76A approved
by the Board of Supervisors on December 1, 1987 for additional information on the
benefit assessment.
4. BENEFIT ASSESSMENT IIyiPLEMENTATIt7N:
It is recommended that Subdivision 8239 and Minor Subdivision 3-00 be annexed
into Drainage Area 76A to provide a vehicle for maintenance and operation of the
regional detention basins. It is recommended that: (1) assessments on the neer 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$65.07 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)
40,000 ft2 and up 7.71 $78.25 $501.69
(1) Annual Assessment based on$10.15 per I.A.U.
(2) Maximum Assessment is based on 1987 dollars and is subject to an annual
increase due to inflation dating back to 1987.
GAGrpDataT1dCt1\CurDev\DA Annexations\AnnexationSub8239.doc
.............................. . . . . ..
May 9, 2000
Job No. 98201
AREA TO BE ANNEXED TO
DRAINAGE AREA 76-A
EXHIBIT 'A'
The land referred to herein is situated in the State of California, County of
Contra Costa, in an unincorporated area, and is described as follows:
A portion of Rancho San Ramon, described as follows:
Beginning at the intersection of the east line of the 21.42 acre parcel of land
described in the deed to Darrell B. Edwards, et ux, recorded in Book 1320,
of Official Records, Page 286 with the north line of the parcel of land
described in the deed to Martha Mougin, recorded in Book 295, Official
Records, Page 351; thence along the east line of said Daum parcel (1320 OR
286) North 20.518 meters; thence leaving said east line South 780 Nest,
236.976 meters to a 2" x 2" stake and tack; thence South 12009' East,
154.699 meters to the north line of said Mougin parcel (295 OR 351),-
thence
51);thence along said north line North 48015' East, 268.358 meters to the Point
of Beginning.
Containing 20,166 square meters, more or less.
Z�SSIO .
NO. 22485 I
I
AN 19t-211)- t711d7` of 8c61wmaJ6
APA) 19-L
1.70- 0"
AN Ili-
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AP4 tq-1
170-047
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210.011 014
WN 192-zlo-005
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48D-014
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SIT
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" No. 224.85
OF GAtw--
C WI M � +
EXHIBIT A ,� a+.
DeBolt Civil Engineering "-c0
PLAT TO ACCOMPANY
LEGAL DESCRIPTION � 811 San Recon Valley Boulevard l=�'
Denville: California 945M or.s fm
925 � 837-3780
A 1~� 10 BE Ptf4Q6K6 V 'Tt) "76-q
s .�
EXIMU "A91
AREA TO BE ANNEXED TO DRAINAGE AREA 76A
REAL PROPERTY SITUATED IN THE STATE OF CA,IFORNIA,COUNTY OF
CONTRA COSTA,DESCRIBED AS FOLLOWS:
A PORTION OF THE RANCHO SAN RAMON,MORE PARTICULARLY
DESCRIBED AS FOLLOW:
COMMENCING AT A C NIRA.COSTA COUNTY MONUMENT ON LIVORNA
ROAD AT TIM CTION OF LIVORNA HEIGIn S ROAD AS SHOWN AND
SO DESCRIBED,.ON CONTRA COSTA COUNTY PRECISE ALIGNMENT
PLANS ROAD N 4 34A,DATED APRIL 30, 1968,FILE NO.4234A-68, SAID
MONUMENT HA G A CALIFORNIA COORDINATE SYSTEM OF 1983
COORDINATE OF NORTH 152,746.5208 AND EAST 475,567.1598 IN METERS;
THENCE ALONG THE MONUMENT LINE OF LIVORNA ROAD AS SHOWN ON
SAID PRECISE ALIGNMENT SOUTH 84°34'02"EAST 53.322 METERS;THENCE
LEAVING SAID MONUMENT LINE SOUTH 05°25'58"WEST 12.802 METERS TO
THE SOUTHERLY RIGHT OF WAY LINE OF LIVORNA ROAD AND THE POINT
OF BEGTNNINO;THENCE FROM SAID POINT OF BEGINNING ALONG THE
SOUTHERLY RIGHT OF WAY LIVE OF LIVORNA ROAD THE FOLLOWING
TWO COURSES: 1)SOUTH 8434'02"EAST 45.330 M}rTERS AND 2)SOUTH
74°29'35"EAST 23.826 METERS;THENCE LEAVING SAID RIGHT OF WAY LINE
THE FOLLOWING FIVE COURSES: 1) SOUTH 14°38':.1"WEST 135.664 METERS;
2) SOUTH 48022'08"WEST 113.337 METERS; 3)NORTH 00°5522"EAST 112.471
METERS; 4) SOUTH 85°50"00"EAST 38.966 METERS AND 5)NORTH 05$25'58"
EAST 108.076 METERS TO THE POINT OF BEGINNDJG.
ALL DISTANCE'S ARE IN METERS. CONTAINING 1-2,590 SQUARE METERS OR,
1.259 HECTARES MORE OR LESS.
98055/LA.PCO LEGAL
�1ItlCEN'T
OF
C
N 152755.902 C4 .
E 475485.5199
��� A
843
54'02` 99.08 POCROADBASIS 17 BEARINGS
S84.34'02*E 108.247 E 475674.9141
N 152746.520853.322
E 475567.1598 S05`25'5F1"W .;84'34
S
12.802
45. +�r
963 UVORNA ROAD
SCALE: ALAMO, CALIFORNIA
1:1300 METERS 441C COUNTYONTRAOSTA 1922 00-013
.'J APN 192-210-012
PN
192 A210-011 Ln d
BASIS OF BEARINGS. ..
THS�/r' O MONUMENTS ON s
,,UVORNA ROAD AT UVORNA �'�•�. d�'
HEIGHTS ROAD ON THE qj tp
MONUMENT LINE AS SHOWN
ON THE CONTRA COSTA APN
COUNTY PRECISE ALIGNMENT APN , 192-200-052
ROAD NO. 4234A,.DATED 192-210-006 $B,5 5D 00'v E
APRIL 30, 1988, FILE NO. 38.966
4234A-68. BEARING
TAKEN AS SOUTH 84.34'02" LANDS OF CARL AND
EAST. JEANNE SPILKER AS
�W TRUSTEES OF THE APN
ALL DISTANCES ARE IN N SPILKER FAMILY 192-200 -054
METERS. THE COORDINATES „N h TRUST
SHOWN ARE THE
CALIFORNIA COORDINATE N12,590 Square Meters
SYSTEM
METERS. OF 1983 IN � w 1.259 Hectares
APN
192-210-020
102—l70 -057
APN
192--210 -005
APN
PLANNERS
115 RYAN 100 INDUS 4L cauRT Subject PLAT WITH LEGAL DESCRIPTION
CIVIL ENGINES SM RAMCN. CA. 04M Jab No. 981155.1
SURVEYORS =9-938'
ALIQUOT 225-10e-fiN7 (FA4 BY NI. Date 3-8-00 Chkd. RC
SHEAT OF 1
'UPt,D>p ANMMM
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 July 11, 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. 3 to Drainage Area 76A 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 76A of
Subdivision 8239 and Minor Subdivision 3-00 located in the Alamo 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.
G:\GrpData\F'1dCt1\WORK\Annex Legal Notice Mst.doc
EXHIBIT C
Annexation of Subdivision 8239 Into the Contra Costa County Flood Control and
Water Conservation District Drainage Area 76A Assessment
Assessment Ballot
Assessor's Parcel Nos.: 192-210-005
Annexation of: Subdivision 8239
Record Owner: Gene R. and Pamela Y. Schmidt
Address: 940 Reliez Station Lane
Lafayette, CA 94549
Yes, I approve of both the proposed annual assessment of $10.15
per lAU and the maximum annual assessment of $65.07 per lAU on
each of the parcels identified in this ballot.
No, I do not approve of either the proposed annual assessment of
$10.15 per lAU or the maximum assessment of $65.07 per lAU on
each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
GAGrpData\F1dCt11W0RMEXH1EIT C Mst.doc
12/20/99
EXHIBIT C
Annexation of Minor Subdivision 3-00 Into the Contra Costa County Flood Control
and Water Conservation District Drainage Area 76A Assessment
Assessment Ballot
Assessor's Parcel Nos.: 192-210-012
Annexation of: Minor Subdivision 3-00
Record Owner: Carl and Jeanne Spilker, Tre
Address: 15370 Bear Club Dr.
Sonora, CA 95370
Yes, I approve of both the proposed annual assessment of $10.15
per IAU and the maximum annual assessment of $65.07 per IAU on
each of the parcels identified in this ballot.
No, i do not approve of either the proposed annual assessment of
$10.15 per IAU or the maximum assessment of $65.07 per lAU on
each of these parcels.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
GAGrpData\FidCtI1W0RKIEXHIBIT C Mst.doc
12/20/99