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HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-341 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 July 11, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMIUA and GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2000/ 341 SUBJECT: Annexation No. 3 to Flood Control District Drainage Area 76A and the Levy of Annual Benefit Assessments for Financing Drainage and Flood Control Services, Alamo area. CP#00-54 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 May 16, 2000,the Board adopted Resolution No. 2000/245 announcing its intention to annex to Drainage Area 76A 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 July 11, 2000 on the proposed annexation, change in drainage area boundaries, and annual benefit assessments; and On June 27, 2000 the Board found that the activity, annexation to Flood Control Drainage Area 76A 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; and On July 11, 2000,pursuant to Resolution No. 2000/245,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. 2000/245, 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 �n_ 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. 2000/245; 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 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 76A, 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 2000/341 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 $65.07 per IAA, as adjusted for inflation from 1987 forward by the State of California, Construction Cost Index. I h*reby certlfy that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: `e�i- . PHIL BAT AELQR,Clerk of tho board of Supervisors and County Adminiftqf RL:jtg B/\2000 ., ,x 4 ;. s y pAUtY By p \\PWS4\SHARDATA\GrpData\FldCti\Administration\Board OrdO\BO reso 76A-Sub8239.doc Orig.Dept:Public Works(FC) Cc County Administrator Community Development Building inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller M.Shiu,Chief Engineer(Public Works) R.Levin, Flood Control Engineering F.Scudero,Accounting T.Torres,Engineering Services Resolution 2000/341 May 9, 2000 Joh No. 98201 AREA TO BE ANNEXED TTo 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 Raman, 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 288 with the north line of the parcel of land described in the deed to Martha Mougin, recorded in Book 295, Official Records, Wage 351; thence along the east line of said Daum parcel (1320 OR 286) North 20.518 meters; thence leaving said east line South 780 West, 236.976 meters to a 2" x 2" stake and tack; thence South 12109' East, 154.699 meters to the north line of said Mougin parcel (295 OR. 351); thence along said north line North 48015' East, 268.358 meters to the point of Beginning. Containing 20,166 square meters, more or less. L) try etc, ,•���` �® �',® { No. 224$5 ' VON ` 1' V r Resolution No. 20001341 APO 191-oto- aIP4-r or Sc6irmwJ6 20.51 APA) 191- '210- 02-0 11'2101- Ox© . AP4 1 AN 192• ��• 170-0f7 qP�i l�2 ' to E323`3 �� APA) 191- �Iv-oto 2-80' 014 WN 192 -Z.!0w006 Am 1 9d 1c�- 5 12"09' 154.6cM AN Ill.- APA)m-1 w A P� 19 z - 2-1�0-014- 1 t FF oSIT No. 22485 ' -3 10 10 61'1{1t , OF CUA10 c W1 m DeBolt Civil Engineering -"-coo PLAT TO ACCOMPANY all sen Aeeon Valley eoulev LEGAL DESCRIPTION D Denville; California 9453 A 9JEA 1-0 SE PO4h) K60 Tb 76-A925183)_3764 Resolution No. 20001341 EXSIBrr "A" AREA TO BE ANNEXED TO DRAINAGE AREA 76AA REAL PROPERTY SITUATED IN THE STATE OF CA::IFORNIA,COUNTY OF CON'T'RA COSTA,DESCRIBED AS FOLLOWS: A PORTION OF THE RANCHO SAN RAMON,MORE PARTICULARLY ' DESCRIBED AS FOLLOWP. COMMENCING AT A C NIRA COSTA COUNTY MONUMENT ON LIVORNA ROAD AT TIE I1w3'IZZ TION OF LIVORNA IIEIG11 TS 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 W4Y LINE OF LIVORNA ROAD AND THE POINT OF BEGINNING;THENCE FROM SAID POINT OF BEGINNING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF LIVORNA ROAD THE FOLLOWING TWO COURSES: 1) SOUTH 84°34'02"EAST 45.330 M73TERS AND 2;1 SOUTH 74°29'35"EAST 23.826 METERS;THENCE LEAVING SAID RIGHT OF WAY LIFE THE FOLLOWING FIVE COURSES; 1) SOUTH 14°38':.1"WEST 135.664 METERS; 2) SOUTH 48"°22'08"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 BEGINNDIG. ALL DISTANCES ARE IN METERS. CONTAINING 1-9',,590 SQUARE METERS OR. 1.254 HECTARES MORE OR LESS. 98055/LAFCO LEGAL vw4m*w Resolution No. 2000/341 i N 152755.902 —E475468.51 99LIVORY S8434.02*E99POC BASIS OF BEARINGS AD .aes se4*34'02"E 1ae.247 53.322 505E 475674.9141 N 152746.5208 "25"58"W E 475567.1588 12.80245. ' "�4't32"E ��O •2,3,8al5 • :963 LIVORNA ROAD ALAMO. CALIFORNIA SCALE: CONTRA COSTA 182 APN a-Oz 1:1300 METERS 441 COUNTY - _ ` h APN 192-210--012 192 00 A011 BASIS DE jBEARINGS: p THl elWO 'MONUMENT'S ON { RNA ROAD AT LIVORNA •'� W HEIGHTS ROAD ON THE 00 �6 MONUMENT UNE A5 SHOWN V6 APN ON THE CONTRA COSTA 192-200-0152 COUNTY PRECISE ALIGNMENT APN St9e5`Jr*50'00 � ROAD NO. 4234A,DATED 192-210-006 APRIL 30, 1968. FILE NO. 38.966 4234A-68. BEARING TAKEN AS SOUTH 84.34«02" LANDS OF CARL AND EAST. JEANNE SPIL.KER AS UJ TRUSTEES OF THE APN ALL DISTANCES ARE IN SPILKER FAMILY 192-200-054 METERS. THE COORDINATES .N TRUST SHOWN ARE THE CALIFORNIA COORDINATE 12,590 Square Meters SYSTEM OF 1983 IN 1.259 Hectares METERS. 192 A21N0-020 1112—170-057 APN 192-210-005 APN 125 RYAN INDU amu. COURT Subject PLAT WITH LEGAL DESCRIPTION PLANNERS Sum i00 98055.1 t3vlSUR� s Job No. - ALIQUOT 925-WS-WS7 {FA* By NI.J Dote 3--6-00 Chkd.RQ SHEET" _1_._.... OF 1 oeo�all�s►lruwsft� Resolution No. 20001341 EXHIBIT"B„ ENGINEER'S REPORT FOR ANNEXATION##3 TO CONTRA COSTA FLOOD CONTROL ANE► WATER CONSERVATION DISTRICT bRAINAGE AREA 76A PREPARED BY THE STAFF OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 255 GLACIER DRIVE MARTINEZ, CA 94553 May 2000 Resolution No. 2000/341 y 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 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 $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. t, Resolution No. 2000/341 t 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 IMPLEMENTATION: 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 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$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 ftand up 7.71 1$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. GAG pData\FldCtllCurDev\DA AnnexationstAnnexationsub8239.doc Resolution No. 2000/341 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 54549 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 IAU on each of these parcels. 4 ignature of Record Owner or Authorized epresentative of the abrove identified parcels. Date 1 :/20/99 talFldGtl\WORKIEXHIBIT C Mst.doc RECEIVED 12/20195 MAY 2 2 2000 Contra Costa County Flood Control And W ter Conserv tion is r1 Resolution No. 2000/341 f, FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONTRA COSTA COUNTY DATE: July 11, 2000 TO: Board of Supervisors FROM: Maurice Shia, Chief Engineer SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 8239 and Minor Subdivision 3-00 .into Contra,Costa County Flood Control and Water Conservation District Drainage Area 76A. I, Maurice Shia, Chief Engineer of the Contra Costa County Flood Control and Water Conservation District, having canvassed the return of all ballots cast in the election to approve the annexation of Subdivision 8239 and Minor Subdivision 3-00 into Contra Costa County Flood Control and Water Conservation District Drainage Area 76A held between May 16, 2000 and July 11, 2000 do hereby certify the following to be a full, true and correct Statement of Results of all ballots cast on the following measure: Annexation No. 3 to Drainage Area 76A and Adoption of Annual Assessments for Subdivision 8239 and Minor Subdivision 3-00 YES 1 NO 0 I further certify that the total number of ballots cast in the proposed annexation of Subdivision 8239 and Minor Subdivision 3-00 into Drainage Area 76A at said election was 1 and attached hereto are the total ballots received for and against annexation and assessment. Dated the 11th day of July, 2000 RL:jlg G:\GrpData\FldCtl\Administration\Board orders\2000 B0\BallotResu1ts76A-8239.doc cc: D.Eckerson,Flood Control N.Leary,Flood Control R.Levin,Flood Control Resolution No. 2004/341 r. FLOOD CONTROL AND WATER CONSERVATION DISTRICT CONTRA COSTA COUNTY DATE: July 11, 2000 TO: Board of Supervisors FROM.. Maurice Shiu, Chief Engineer SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 8239 and Minor Subdivision 3-00 into Contra Costa County Flood Control and Water Conservation District Drainage Area 76A. I, Maurice Shiu, Chief Engineer of the Contra Costa County Flood Control and Water Conservation District, having canvassed the return of all ballots cast in the election to approve the annexation of Subdivision 8239 and Minor Subdivision 3-00 into Contra Costa County Flood Control and Water Conservation District Drainage Area 76A held between May 16, 2000 and July 11, 2000 do hereby certify the following to be a full, true and correct Statement of Results of all ballots cast on the following measure: Annexation No. 3 to Drainage Area 76A and Adoption of Annual Assessments for Subdivision 8239 and Minor Subdivision 3-00 YES 2 NO 0 I further certify that the total number of ballots cast in the proposed annexation of Subdivision 8239 and Minor Subdivision 3-00 into Drainage Area 76A at said election was 2 and attached hereto are the total ballots received for and against annexation and assessment. Dated the 11 th day of July, 2000 RL;jlg G:\GrpData\FldCtl\AdmuYistration\Board Orders\2000 B0\BallotResults76A-8239.doc cc: D.Eckerson,Flood Control N.Leary,Flood Control R.Levin,Flood Control Resolution No. 20001341