HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-253 THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF THE
FLOOD CONTROL& WATER CONSERVATION DISTRICT
Adopted this Resolution on April 26,2005 by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO.2005/253
SUBJECT: ADOPT Resolution No. 2005/253 accepting the Engineer's Report for Annexation No. 3 to Drainage Area
67A,for Subdivision 7553, and fixing a hearing June 14,2005 at 9:30 a.m. in compliance with Proposition
218,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, RECI'T'ES as follows:
Sections 12.6 and 12.7 of the Contra Costa County Flood Control and Water Conservation District Act(West's Water
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 7553 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.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
KD-.srSupervisors on the date shown.
G:\GrpData\EngSvc\BO\2005\04-26\DA 67A Board Order&Resoiution.doc
Orig.Div:Public Works(Engineering Services)
Contact: Chris Lau(313-2293) ATTESTED: APRIL 26, 2005
M County Administrator JOHN SWEETEN,Clerk of the Board of Supervisors and
Assessor
Auditor-Controller County Administrator
Building Inspection
Community Development
County Counsel By
Tax Collector Deputy '
K.Dahl,Engineering Services
Resolution No. 2005/ 253
SUBJECT: ADOPT Resolution No. 2005/ 25-jccepting the Engineer's Report for Annexation No. 3 to Drainage Area
67A,for Subdivision 7553, and fixing a hearing June 14,2005 at 9:30 a.m. in compliance with Proposition
218,Alamo area.
DATE: April 26, 2005
PAGE: 2
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 No.3 to Contra Costa County Flood Control&Water Conservation District Drainage Area
67A." 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 Water Code App., § 63-12.6).
It is proposed that the real property described in Exhibit A attached hereto be annexed to Drainage Area 67A, 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 9:30 am. on June 14, 2005,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 Contra Costa County Flood Control and Water Conservation 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 Water 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.
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.
RESOLUTION NO. 2005/253
ENGINEER. REPORT
AN'NEXA.TION NO. 3 TO DRAINAGE AREA 67A
1. RECOMMENDATION: It is recommended that the Board of Supervisors authorize
Annexation Number 3 to Drainage Area 67A and that the benefit assessments pursuant to the
Benefit Assessment Act of 1982, Government Code Sections 54701 thru 54718, inclusive, be
adopted for the area to be annexed.
2. DRAINAGE AREA LOCATION: Flood Control District Drainage Area 67A, formed on
June 23, 1987, consists of a portion of the Tice Creek watershed in the vicinity of Walnut
Creek. The specific location of the areas to be annexed are shown on exhibits on file for
Subdivision 7553 in the Engineering Services division of the Public Works Department.
3. DRAINAGE AREA: The proposed annexation consists of 4 lots within Subdivision 7553
that contains approximately 12 acres. The 4 lots vary in size from 200,377 sq. ft. to 291,853
sq. ft.
4. REASON FOR THE ANNEXATION: The Tice Creek channel has a long history of
flooding and inundation. The storm water runoff from additional development within the
watershed will compound the flooding problem. The detention basin, located at the entrance
to Rossmoor, tends to minimize the storm water flow reaching the creek. The benefit
received by reduction of flow to Tice Creek reduces the impact of the increase in storm water
created by the additional development, therefore, all developments within the Tice Creek
watershed benefit to a large degree by the existence of the detention basin. However, like all
roan made facilities, the detention basin requires annual maintenance to insure that it operates
as designed. It is, therefore, equitable in the opinion of the Flood Control District that all
properties benefiting by the existence of the detention basin pay a fair share toward its annual
maintenance. Therefore, District staff recommends that subdivisions and other developments
that will increase the storm water flow to Tice Creek channel be annexed to Drainage Area
67A and have the benefit assessment levied. The annexation to Drainage Area 67A provides
a legal entity under which the benefit assessment for maintenance of the detention basin and
storm drains can be levied, after a vote has been taken.
5. FACILITIES TO BE MAINTAINED: Monies collected will be used for the maintenance of
the detention basin and operation of the Drainage Area. Maintenance will include, among
other things, silt removal, bank repair, landscaping, and other maintenance type activities,
including irrigation water and weed removal.
6. ESTIMATE OF MAINTENANCE COSTS: The surface area of the detention basin to be
maintained is approximately 5.3 acres in size. The estimated costs to maintain an acre of the
basin is approximately $6,000.00. Therefore, it is envisioned that the annual maintenance
costs for the basin are approximately$32,000.00. A breakdown of these costs are as follows:
A General Clean Up $ 4,000.00
B Desilting 18,000.00
C Inspection & Storm Patrol 4,000.00
D Bank and Outlet Control/Structure Repair 6,000.00
Estimated Total Annual Maintenance Costs $ 32,000.00
WLB:PRD
G:\GrpData\P1dCtMatershed Planning-Engineering\Zone 3B\DA 67A\DA 67A Engineers Report Annexation No 3 T-7553.doc
s
7. A_NWL,TAL BENEFIT ASSESSMENT: The Annual Benefit Assessment to be assigned to
each of the parcels of the area to be annexed should be based upon its prorated share of the
storm water runoff. Its proportional share is determined by the amount of impervious area to
be created on each parcel.
Attached is Table A which is a summary of the four parcels to be annexed to Drainage Area
67A. Table A also indicates the impervious area to be created by each parcel of land. The
table indicates that the parcels to be created will generate a total of an additional 42.76
impervious area units (IAL}. Each IAU is 1,000 sq. ft. of impervious area.
When Drainage Area 67A was created, the annual benefit assessment rate to be levied upon
the parcels was $10.67/IAU. The impervious area being added by this annexation would
increase the total impervious area within Drainage Area 67A such that the annual costs for
maintenance would be $9.04/IAU(Table,A).
8. BFINEFIT ASSESSMENT IMPLEMENTATION: The annexation to Drainage Area 67A
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. Staff recommends that: 1) all new parcels be assessed
in the fiscal year following the filing of the final map; 2) all existing parcels of land
containing impervious areas be assessed in the fiscal year following the filing of the final
map; 3) that the annual assessment of twice the estimated Average Annual Benefit
Assessment cost be levied until such a time as a reserve fund of $32,000.00 has been
generated; and, 4) that a vote of the property owners involved in the annexation be held to
allow a maximum benefit assessment of $77.93 per IAU to be adopted, subject to annual
adjustment to account for inflation (per Caltrans' published "Price index for Selected
California Construction Items', or equivalent).
9. SUMMATION: Annexation No. 3 and future annexations to the drainage area should
provide adequate funding for the maintenance of the detention basin as it currently exists or
is expanded in the future. These facilities are vital to minimize the drainage problems within
the Tice Creek area.
WL2:PRD
GAGrpDatalFdCt1\Watershed Planning-Engineering\Zone 313lDA 67A\DA 67A Engineers Report Annexation No 3 T-7553.doc
f
' --� 6s60S 6q
a�
a�
i
coo r x
00 00 00100
cn r-i "' v
cx U ON c U
ZZ �, o
i �c Ic o0i
{� "w b'9 (�9 « sds bar rte}
�� ro
►r+ IC I'D "C Co
co
a N C3, CJ, 00 00 "� d
rn N 00 --
D
.-M
C4V) 4C5 r- —C
-Q' •--�i� �i C7 CTS � � r~
i N m O ct p bq
� �'
0 M 1f3 tf1 t/') E'i JA
rJ7 i CIO `Z
r
UO
� ry rri
:tl
�.J
f
)0161T .A, la
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF SECTION 11. OF TOWNSHIP 1 SOUTH, RANGE 2 WEST,
MOUNT DIABLO BASE AND MERIDIAN AND THAT PARCEL DESCRIBED IN
THE GRANT DEED TO DISCOVERY BUILDERS RECORDED OCTOBER 2, 2002
IN SERIES #2002-354356 (2002-354356), MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 2 OF THAT CERTAIN
FINAL MAP RECORDED ON JULY, 28 1985 IN BOOK 323 OF MAPS AT PAGE 39
(323 M 39) IN THE OFFICE OF THE RECORDER CONTRA COSTA COUNTY;
THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 2 NORTH 89°36'34"
EAST, 600.00 .FEET TO A POINT ON THE SOUTHERLY LINE OF THAT DEED TO
THE EAST BAY MUNICIPAL UTILITY DISTRICT RECORDED MARCH 22, 1989
IN BOOK 14951 OFFICIAL RECORDS AT PAGE 535 IN THE OFFICE OF THE
RECORDER CONTRA COSTA COUNTY(14951 OR 535);
THENCE, LEAVING SAID SOUTHERLY LINE NORTH 47-WOO" EAST, 300.00
FEET;
THENCE, NORTH 19°00'00" WEST, 164.97 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL (14951 OR 535), SAID POINT BEING THE
POINT OF BEGINNING;THENCE,NORTH 19°00'00"WEST,235.43 FEET;
THENCE, NORTH 68°52'20" WEST, 729.96 FEET TO A POINT ON THE EASTERLY
LITE OF THAT CERTAIN RECORD OF SURVEY RECORDED ON FEBRUARY 5,
1991 IN BOOK.97 LICENSED SURVEYORS' MAPS AT PAGE 10(97 LSM 10);
THENCE ALONG SAID EASTERLY LINE SOUTH 01°05'34" EAST, 564.31 FEET TO
THE INTERSECTION OF SAID MAP (97 LSM 10) AND SAID PARCEL (14951 OR
535);
THENCE, LEAVING SAID EASTERLY LINE AND ALONG THE NORTHERLY
LINE OF SAID PARCEL(14951 OR 535) NORTH 88°54'26" EAST, 300.00 FEET;
THENCE, NORTH 52°20'33" EAST, 323.62 FEET; THENCE, SOUTH 56°49'07" EAST,
227.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.77 ACRES MORE OR LESS, WFESS
END OF DESCRIPTION
Pr
April 4,2003 r
\\isafs2\sdsk\sdsk\proj\2002 Sobs\2002371survey\200237-DRAIN-EASE-67A.docc i
EXHIBIT :A
DISCOVERY BUILDERS
{2002---354355}
'�s,s ..
c�
AREA 5.77 ACRES `0
0 m LIN fit:.
Iyj
'S to
0.
300.00' POB ' -i o
E.B.M.U.D. os
(14951 O.R. 535) �`�
HOLLY RESERVOIR
A.P.N. 191-140-018
POC-\ N89-3534"E
FOUND 3/4"-.,"' "` 600.00'
IP OPEN
LOT2 � ,t� Essr�
323 M 39 .a�° . 1�
v
LEGENI mil
AREA ANNEXED TO
DRAINAGE AREA 67A E:
POC POINT OF COMMENCEMENTAL
� l V
POB POINT OF BEGINNING
ISAKSON & ASSOCIATES INC.
2255 YCNACIO VALLEY ROAD. SUITE C WALNUT CREEK. CA. 94598-3'33'5
PHONE 9215 937-93.53 FAX 925 57:57-7920
DRAINAGE AREA 87 CHECKED BY: DOI [BRAWN BY: BJL JOB N0. 200237
CONTRA COSTA COUNTY SCALE: 1"=200' DATE: 09-14-04 SHEET 2 OF 2
`A' � .
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF
THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEING A PORTION OF SECTION 11 OF TOWNSHIP 1 SOUTH, RANGE 2 WEST,
MOUNT DIABLO BASE AND MERIDIAN AND THAT PARCEL DESCRIBED IN
THE GRANT DEED TO DISCOVERY BUILDERS RECORDED OCTOBER 2, 2002
IN SERIES # 2002-354356 (2002-354356), MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL
DESCRIBED IN THE DEED TO THE EAST BAY MUNICIPAL UTILITY DISTRICT
RECORDED SEPTEMBER 11, 1978 IN BOOK 9004 OFFICIAL RECORDS AT PAGE
474, IN THE OFFICE OF THE RECORDER CONTRA COSTA COUNTY (9004 OR
474);
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL SOUTH 01028'46"
EAST, 200.00 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 68000'00" EAST, 185.34 FEET
TO A POINT ON THE EASTERLY LINE OF SAID PARCEL, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE LEAVING SAID EASTERLY LINE SOUTH 68000'00" EAST,514.66 FEET;
THENCE, NORTH 37°09'27" EAST, 622.71 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL(2002-354356)AND THE SOUTHERLY LINE
OF LOT 21 OF SUBDIVISION 3737 RECORDED APRIL 10, 1968 IN BOOK. 120 OF
MAPS AT PAGE 3;
THENCE ALONG SAID NORTHERLY LINE SOUTH 88°06'10" WEST, 860.88 FEET
TO THE NORTHEAST"CORNER OF SAID PARCEL(9004 OR 474);
THENCE, SOUTH 01°2846" EAST, 275.08 FEET TO THE POINT OF BEGINNING
CONTAINING 6.27 ACRES MORE OR LESS.
END OF DESCRIPTION
SS{p��I
L rrn
ApH 7,2003
1lfsafs2\sdsk\sdsklproj12002 Jobs\200237\survey1200237-DRAIN-EASE-67B.doe
A
EXHIBIT I'*
MS. 58--75 TR 3737
(71 PM 23) 120 M 3
88 LSM 30 PARCEL 'C' LOT 21
PflG-\ S88`08'10"w 8801.88'llvlm"
747m
00
; 71117 77,
DISCOVERY BUILDERS" ",,
a� , . (2002-354356)
t pp CJ9
AREA 6.27 ACRES
'
a'0°'.�,��,.-�--PDB- h
i
C3')
pFESS 1p'f-e
LEam
AREA ANNEXED TO
DRAINAGE AREA 87A
POC POINT OF COMMENCEMENT
PDB POINT OF BEGINNING
ISAKSON & ASISOCIATES INC.
2255 YCNACfO VALLEY ROAD. SUITE C WALNUT CREEK. CA. 94590-3338
PHONE 925937_23N3.3 PAX 925 937-7928
DRAINAGE AREA 67 CHECKED BY: DO DRAWN BY: BJL JOB N0. 200237
--CONTRA COSTA COUNTY SCALE: 1"=200' DATE: 09-14-04 SHEET 2 OF 2
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
'hater Conservation .District, has set 9:30 a.m. on June 14, 2005 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 67A 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 67 of Subdivision 7553
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.
GAGrpData\EngSvc\Ken\7553 Annexation\`Working Forms\Exhibit B.doc
EXHIBIT C
Annexation of Subdivision 7553 into the Contra Costa County Flood Control and Water
Conservation District Drainage Area 67A Assessment
Assessment Ballot
Annexation of: Subdivision 7553
Record Owner: Alamo 37 LLC and Alamo Land Investors LLC
c/o Discovery Builders
Address: 4061 Port Chicago Highway, #H
Concord, CA 945201153
Yes, I approve of both the proposed annual assessment of $ 9.04 per
Impervious Area Unit {IAL,} and the maximum annual assessment of$ 77.93
per IAU on each of the parcels identified in this ballot.
No, I do not approve of either the proposed annual assessment of $9.04 per
IAU or the maximum assessment of$77.93 per IAU on each of these parcels.
Signature of Record towner or Authorized
Representative of the above identified parcels.
Date
GAGrpData\EngSvc\Ken\7553 Annexation\Working Forms\DA 67A Ballot-Exhibit C.doc