HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-295 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 10, 2001,by the following vote:
AYES: SUEPRVISORS GIOIA, GERBER, DF,',NTTT.T\TTFR adn UILKEMA
NOES: NONE
ABSENT: SUPERVISOR GLOVER
ABSTAIN: NONE RESOLUTION NO.2001/295
SUBJECT: Adopt Resolution Approving Annexation No. 2 to Flood Control District Drainage
Area 520 and the Levy of Annual Benefit Assessments for Financing Drainage and
Flood Control Services, Oakley Area. County File # 2991-RZ,3011-92 & Sub 7797
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 15, 2001, the Board adopted Resolution No. 2001/193 announcing its intention to
annex to Drainage Area 520 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 10, 2001
on the proposed annexation, change in drainage area boundaries, and annual benefit assessments; and
On July 10, 2001,pursuant to Resolution No. 2001/193, 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
G:\GrpData\F]dCtl\CurDev%CITIES\Oakley I hereby certify that tlh�' es a true and correct copy of an action taken and
\Sub 7797\130 ResoAnncx-Hearing.doc entered on the mi,/tnutf the B of Supervisors on the date s wn.
Orig.Dept:Public Works(FC)
ATTESTED:—
cc: County Administrator JOHN SW CIeKhe Supervisors and County
Community Development A minis 19 � f�oarodf
Building Inspection
County Counsel
--o
County Assessor B lbep.ty
County Treasurer-Tax Collector
County Auditor-Controller-
Chief Engineer(Public Works)
Flood Control Engineering
Accounting
Engineering Services
RESOLUTIONS NO. 2001/295
RESOLUTION NO.2001/ 295
SUBJECT: Adopt Resolution Approving Annexation No. 2 to Flood Control District Drainage Area
520 and the Levy of Annual Benefit Assessments for Financing Drainage and Flood
Control Services, Oakley Area. County File#2991-RZ, 3011-92 & Sub 7797
DATE: JULY 10, 2001
PAGE: 2 of 3
Pursuant to Resolution No. 2001/193, 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. 2001/193
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 520, 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:
SUBJECT: Adopt Resolution Approving Annexation No. 2 to Flood Control District Drainage Area
520 and the Levy of Annual Benefit Assessments for Financing Drainage and Flood
Control Services, Oakley Area. County File 4 2991-RZ, 3011-92 & Sub 7797
DATE: JULY 109 2001
PAGE: 3 of 3
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. 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
$35.61 per lAU, as adjusted for inflation from 1988 forward by the State of California,
Construction Cost Index.
RESOLUTION NO.2001/ 295
APRIL, 2001
JOB NO. 200070- 10
LEGAL. I
EXHIBIT OAD
LEGAL DESCRIPTION
ANNEXATION TO DRAINAGE AREA 520
SUBDIVISION 7797 — DELTA POINT
ALL THAT REAL PROPERTY SITUATE IN THE CITY OF
OAKLEY, COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
ALI, THAT PORTION OF THE NORTH ONE HALF OF THE
SOUTHWEST ONE QUARTER OF' SECTION 30, TOWNSHIP
2 NORTH, RANGE 3 EAST, MOUNT DIABLO MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERN LINE
OF MARSH CREEK AS DESCRIBED IN THAT CERTAIN
DEED RECORDED IN THE OFFICE OF THE COUNTY
RECORDER OF CONTRA COSTA COUNTY IN BOOK 4738
OF OFFICIAL RECORDS AT PAGE 474 AT THE MOST
WESTERN CORNER OF PARCEL ORD AS SAID PARCEL IS
SHOWN AND SO DESIGNATED ON THE MAP OF
SUBDIVISION 5946 FILED FOR RECORD IN SAID OFFICE
OF THE COUNTY RECORDER IN 'BOOK 307 OF MAPS AT
PAGE 49; THENCE, FROM SAID POINT OF BEGINNING,
NORTHWESTERLY ALONG SAID NORTHEASTERN LINE OF
MARSH CREEK NORTH 24c4-20 51 " 'WEST 30.51 FEET;
THENCE, SOUTH 65017'09" WEST 2. 00 FEET; THENCE,
NORTH 24-042051. " WEST 1224. 15 FEET; '_THENCE, NORTH
65017'09" EAST 7.00 FEET-, THENCE, NORTHWESTERLY
r
ALONG THE ARC OF A NON— FANGENT 564.00 FOOT
RADIUS CURVE TO THE LEFT, THE CENTER OF WHICH
BEARS SOUTH 65017'09" WEST, THROUGH A CENTRAL
ANGLE OF 05°55 k.)6" AN ARC DISTANCE OF 58.26 FEET;
THENCE, TANGENT TO THE LAST NAMED CURVE NORTH
30037'57" WEST 45. 00 FEET; THENCE, NORTH 59022'03"
EAST 16.00 FEET; THENCE, NORTH 30037'57" WEST
33.32 FEET; THENCE NORTH 1°3521 " WEST 7. 90 FEET;
THENCE, NORTH 59022'03" EAST 15.79, FEET; 'T'HENCE,
NORTH 30037'57" WEST 9. 96 FEET; THENCE, SOUTH
89025'36" EAST 204.02 FEET TO A POINT ON THE
SOUTHWESTERN LINE OF THE ATCHISON TOPEKA AND
SANTA FE RAILROAD RIGHT OF WAY AS SAID RIGHT OF
WAY IS DESCRIBED IN THAT CERTAIN DEED RECORDED
IN SAID OFFICE OF THE COUNTY RECORDER IN BOOK
79 OF DEEDS AT PAGE 467; THENCE, SOUTHEASTERLY
ALONG THE SAID SOUTHWESTERN LINE SOUTH 49055'55"
EAST 2025.54 FEET TO A POINT ON THE NORTHERN
LINE OF SUBDIVISION 6819 AS SHOWN AND SO
DESIGNATED ON THE OFFICIAL MAP OF SAID
SUBDIVISION 0819 FILED FOR RECORD IN SAID OFFICE
OF THE COUNTY RECORDER IN BOOK 308 OF MAPS AT
PAGE 1 ; THENCE, WESTERLY ALONG SAID NORTHERN
LINE OF SUBDIVISION 6819, BEING ALSO THE
NORTHERN LINE OF THE HEREINABOVE NAMED
SUBDIVISION 5946 (307 M 49) , NOR'T'H 89°24'07" WEST
1189.71 FEET TO THE POINT OF BEGINNING
CONTAINING 21 .085 ACRES OF LAND MORE OR LESS.
END OF DESCRIPTION
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Prepared By
PLAT TO A CCOMPAN Y LEGAL DESCRIPTION FOR
ANNEXA TION TO DRAINAGE AREA 520
SUMI VISION 7797 — DELTA POINTE MIZANI
0 Buskirk Avenue
CITY OF OAKLEY — CONTRA COSTA COUNTY — CALIFORNIA 348Suite 225
MAY, 2001 SCALE.• I n = Joo Pleasant Hill CA 94523
SHEET I OF I SHEET
Exhibit`B"
ENGINEER'S REPORT
FOR
ANNEXATION#2
TO
CONTRA COSTA 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
APRIL 2001
1. RECOMMENDATION
It is recommended that the Board of Supervisors authorize Annexation Number 2 of
the real property known as Subdivision 7797, APN# 033-011-010, in the City of
Oakley into the Contra Costa Flood Control and Water Conservation District
Drainage Area 520, and that benefit assessments pursuant to the Benefit Assessment
Act of 1982, Government Code Sections 54703 through 54718 be levied.
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 original site was
bounded on the south by Laurel Road, west by Marsh Creek and east by the Atchison,
Topeka and Santa Fe Railway and was comprised of two subdivisions, Tracts 5946
and 6819. On March 14, 2000 the Board of Supervisors approved Annexation
Number I of Subdivision 6963 which extended the boundary to the south by 36.28
acres. The exact location of the original boundaries are shown on the Contra Costa
County Flood Control and Water Conservation District Drawing No. D-12574. The
proposed Annexation Number 2 of pending Subdivision 7797 will extend these
boundaries to the north by 21.085 acres. A boundary description is attached as
Exhibit"A".
3. REASONS FOR ANNEXATION
The area of the proposed annexation consists of 21.085 acres of land, which includes
one pending subdivision, Tract 7797. The subdivision will create 98 single-family
residential parcels that vary in size from 5000 square feet to 13,000 square feet. The
impervious surface created by this 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 potential that the
capacity of the creek would be exceeded and flooding will occur. As a mitigation
measure, the developer will enlarge the existing Drainage Area 520 basin to increase
its capacity to accept the subdivision's storm water runoff and regulate the storm
water flowing into Marsh Creek. The enlarged detention basin requires annual
maintenance to ensure that it operates as designed. 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 7797 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.
I
5. ESTIMATE OF MAINTENANCE COST
The routine maintenance costs of$12,000 annually outlined in the Engineer's Report
for Drainage Area 520 in 1987 are expected to increase in direct proportion to the
increase in impervious surfaces from the annexed property, i.e. 40%
6. BENEFIT ASSESSMENT
Since the maintenance cost will increase in direct proportion to the anticipated
amount of impervious surface to be created in the area being annexed, no change in
the currently adopted Drainage Area 520 assessed fee rates for annual maintenance,
reserve fund, or maximum assessment are required.
A. Annual Maintenance Benefit Assessment:
The annual assessment rate established in 1987 is $11.87/ Impervious Area Unit
(IAU). (I IAU = 1,000 square feet of impervious surface.) The number of IAUs
per lot is generally proportional to the lot size and is based on the Flood Control
District's "Report on Impervious Surface Drainage Fee Ordinance" of 1982. 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 (5.0) times the estimated annual
maintenance cost be established.
The reserve fund will be reached by levying a benefit assessment of two (2.0)
times the annual rate until the reserve fund is established.
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 desired level of five (5.0) times the anticipated annual maintenance
costs, the reserve should be restored by increasing the annual levy per IAU to two
(2.0) 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.
2
f
This damage would be in addition to that requiring unscheduled maintenance as
outlined under B.
It is recommended that the maximum benefit assessment rate of$35.61/IAU 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 8,000-9,999 and 10,000-13,999 square feet ranges.
These lot size ranges were not covered in the report for the formation of D.A. 520
since there was no lot size in that range for two previous subdivisions. The
maximum benefit assessment for lot sizes ranging from 8,000-9,999 square feet is
$115.02 and for 10,000-13,999 square feet is $127.83 (i.e. 3 times 3.23 and 3.59
respectively, 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.
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 maps 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 the 1987 rate
of$35.61 per IAU which is the maximum annual assessment established for D.A. 520
and is subject to annual increase due to inflation; 4) a levy equal to twice the annual
maintenance amount be levied on the 98 lots within Subdivision 7797 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 2.0 to restore the reserve fund to its recommended amount and 5) the
developer of Subdivision 7797 shall reimburse the Flood Control District for the
incremental maintenance costs in excess of the incremental revenue for levies
assessed until such time as 75 percent of the lots have been improved and these lots
are paying the annual assessment.
3
Table A
Lot Size(Sq. Impervious Annual Annual Maximum
Ft.) Area Units Maintenance Maintenance& Annual
(I.A.U.)per lot Benefit Reserve Fund Assessment
Assmt.(I) Benefit Assmt. Limit(2)
5000-5,999 2.81 $33.35 $66.71 $100.06
6,000-6,999 2.93 $34.78 $69.56 $104.34
7,000-7,999 3.05 - $36.20 $72.41 $108.61
8,000-9,999 3.23 $38.34 $76.68 $115.02
10,000-13,999 3.59 $42.61 $85.22 $127.83
(1) Annual Assessment based on$11.87 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.
G:\GrpData\FldCtl\CurDev\CITIES\Oakley\Sub 7797\Annex2DA520-Sub7797.doc
4
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY
DATE: July 10, 2001
TO: Board of Supervisors
FROM: Maurice Shiu, Chief Engineer
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 7797 into
Contra Costa County Flood Control and Water Conservation District Drainage
Area 520.
1, 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 7797 into Contra Costa County Flood Control and Water Conservation District Drainage
Area 520 held between May 15, 2001 and July 10, 2001 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. 2 to Drainage Area 520 and Adoption of Annual Assessments for
Subdivision 7797
YES 1 NO 0
1 further certify that the total number of ballots cast in the proposed annexation of Subdivision 7797 into
Drainage Area 520 at said election was I and attached hereto are the total ballots received for and against
annexation and assessment.
Dated the 10th day of July, 2001
RL:
G:\GrpData\FldCtl\CurDev\DA Annexations\BallotResults.doc
cc: D.Eckerson,Flood Control
E.Whan,Flood Control
R.Levin,Flood Control
EXHIBIT C
Annexation of Subdivision 7797 into the Contra Costa County Flood Control and
Water Conservation District Drainage Area 520 Assessment
Assessment Ballot
Assessor's Parcel No.: 033-011-010
Annexation of: Subdivision 7797
Record Owner: Blacksmith Homes, LLC
Address: 12885 Alcosta Blvd., Ste. A
San Ramon, CA 94583
Yes, I approve of both the proposed annual assessment of $11.87
per IAU and the maximum annual assessment of $35.61 per IAU on
each of the parcels identified in this ballot.
No, I do not approve of either the proposed annual assessment of
$11.87 per IAU or the maximum assessment of $35.61 per IAU on
each of these parcels.
I I A
M A A 41 M%V I
Sign'aft!Wbf ke't6-FOWner or Authorized
Representative of the above identified parcels.
01
Datd
G:\GrpData\FldCU\CurDev\CITIES\Oakley\Sub 77971Ballot-Exhibit C.doc
5/8/01