HomeMy WebLinkAboutMINUTES - 07121988 - T.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on July 12 , 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson F, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 88/ 432
(West' s Water Code App.
Ch. 63 , Sec. 12 . 2 and 12 . 3 )
Government Code Section 54715
SUBJECT: Establishment of Drainage Area 1010A and the Adoption
of Benefit Assessments, Project No. 7505-6F8178 .
Danville Area.
The Board of Supervisors of Contra Costa County, as the
governing Board of the Contra Costa County Flood Control and
Water Conservation District, RESOLVES THAT:
On June 7 ; 1988; this Board set a public hearing proposing
to establish Contra Costa County Flood Control and Water
Conservation District Drainage Area 1010A, consisting of that
real property described in Exhibit "A" , attached hereto.
On July 12 , 1988 , pursuant to the Board' s resolution of
June 7, 1988 ; this Board held a hearing on the question of the
establishment of said drainage area and adoption of benefit
assessments. At the time and place fixed for said hearing before
this Board, all written and oral objections presented concerning
the proposed actions were considered.
This Board FINDS that any valid written protests filed do
not represent more than one-half of the assessed valuation of
real property contained in proposed. Drainage Area 1010A.
It appears from the affidavits of publication on file with
this Board that all notices required to be given for such a
hearing have . been duly and regularly given and all procedures
have been followed in accordance with Sections 11 and 12 . 3 of the
Contra Costa County Flood Control .and Water Conservation District
Act.
This Board has received no resolution or ordinance adopted
by an affected city requesting the exclusion of territory from
proposed Drainage Area 1010A.
This Board hereby DETERMINES that it can be seen with
certainty that there is no possibility that the formation of
Flood Control District Drainage Area 1010A may have a significant
effect on the environment; therefore, the project is not subject
to the California Environmental Quality Act pursuant to Section
15061 (b) (3) of Chapter 3 of said Act' s guidelines.
This Board hereby FINDS thatgood cause exists for the
establishment of Drainage Area 1010A and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 1010A is ESTABLISHED, consisting of the real property
described in Exhibit "A" attached hereto, and that the benefit
assessments as set forth in the Engineer' s Report attached hereto
as Exhibit '�B" are adopted.
RESOLUTION NO. 88/ 432
C
Page .2 of 3
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this. project.
Government Code Sections 54701-54718 (Benefit Assessment Act
of 1982) provide for the adoption of annual benefit assessments
for drainage or flood control services,. for the establishment of
zones or areas of benefit, and for the levy of annual assessments
against real property to which such services may be made
available.
The Chief Engineer has previously filed with the Clerk of
the Board the written report required by Government Code Section
54716 proposing the adoption of annual assessments for drainage
or flood control services to be levied .against the real property
described in said report- and the aforementioned Exhibit "A" .
This Board hereby APPROVES said report, ESTABLISHES an area of
benefit corresponding with the real property described in Exhibit
"A" attached hereto and PROPOSES the adoption of the annual
assessments described in the Engineer's Report attached hereto.
This Board hereby DIRECTS that the County Clerk (Elections
Clerk) take all steps necessary to conduct the election required
by Government . Code Section 54117 . Said election shall be
conducted by mailed ballots pursuant to. Elections Code Section
1340 and shall be held on the earliest date permitted by law.
Following completion of the election, the County Clerk (Elections
Clerk) shall file with the Clerk of the Board a certification
(official canvas) of the votes cast on the proposition.
The annual assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54715 shall take
effect upon approval by the votes required by law. The annual
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;
3 . The annual maximum assessment to individual lots be
established at 2 times the annual maintenance levy
amount ($38 . 64 per IAU) ;
4 . That a levy equal to twice the annual benefit
assessment amount be levied until a reserve fund equal
to three times the estimated annual maintenance cost
has been created or restored to its recommended amount;
5. The developer shall" reimburse the Flood Control
,District for all maintenance costs in excess of the
revenue from levied assessment until such a time as 75
percent of the lots have been improved and these lots
are paying the annual assessment. The annual
assessment shall be increased annually to account for
inflation by using "Engineering News Record"
construction cost index for the San Francisco Bay Area .
1 hereby carlify that this is a true and correct copy of
an aciicn taican end entered on the minutes of the
Board of Supervisory on the date shown.
ATTESTED:
PHIL BATCHELOR,Uwk of the Board
of Supervisors and County Qdminis9rater
r
By , Deputy
Page. 3 of 3
Orig. Dept: Public Works Department (FCE)
cc: County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer - Tax Collector
County Auditor - Controller
Elections
City of San Ramon
Chief Engineer
Flood Control Engineering
Accounting
Engineering Services
Ralph Garrow, Inc.
P.O. Box 367
Antioch CA 94509
Dick Striegel
McKay & Somps
1150 Burnett Avenue, #D
Concord, CA 94520
Building Industry Association
Eastern Division
1280 Boulevard Way, #211
Walnut Creek, CA
David Lennon
Hofmann Company
P.O. Box 907
Concord, CA 94522
Nancy Rabin
Trammell Crow Company
William Thompson
591 Redwood Hwy. , #5275
Mill Valley, CA 94941
Michael Rupprecht
Dame' Construction Co. , Inc
P.O. Box 100
San Ramon, CA 94583
City of Danville
OB/BA:sj/dmw
DA1010AEst.t7
EXHIBIT "A"
(To.Resolution of Action, 07/12/88)
Contra Costa County Flood Control
and
Water Conservation District
AGE AREA 1010A
Real property situated in Contra Costa County, California. References to
boundaries, property lines,. ownerships, and acreages are to records of said
County.
Beginning at the southwesterly corner of PARCEL "A" as shown on the Record
of Survey Map filed May 16, 1966 in Land Surveyor's Map Book 42 at page 33;
thence along the southerly and southwesterly line of said PARCEL, "A" being
along Camino Tassajara, south 88059151" east 1017.87 feet and south
75025151" east 1383.07 feet to the easterly line of said PARCEL "A"; thence
along said line north 0007125" west 1574.62 feet to the north line of said
PARCEL "A"; thence along said line, south 89031130" west 1286.67 feet to the
southeast corner of PARCEL '!B" as shown on said Record of Survey Map (42
LSM 33) ; thence along the easterly line of said PARCEL "B" north 0009145"
east 1322.23 feet to the northeast corner of said PARCEL "B" and the general
easterly line of Contra Costa County Flood Control and Water Conservation
District Drainage Area 1010; !thence along said general easterly line, south
250 west 500 feet, south 550 west 350 feet, southerly 660 feet, more or
less, to a point on the south line of said PARCEL "B" which bears west 450
feet from the southeasterly corner of said PARCEL "B", thence southwesterly
650 feet, more or less, to the northeasterly corner of Harold Hansen parcel
shown on said nap (42 LSM 33) being on the westerly line of said PARCEL "A"
(42 LSM 33) ; thence leaving said general easterly line of Drainage Area 1010
along the westerly line of said PARCEL "A", south 0010125" west 1017.94 feet
to the said southwesterly corner of PARCEL "A", the Point of Beginning.
BA:JN:clw/chew
1010A.Leg
May 26, 1988
ME= "B"
(Tb Iaesolutiori of Action, 7/12/88)
ENGINEER'S RE IOW
FCR
OF
CCNTRA COSTA COUNTY FIDOD CONTROL
AND
WMER NATION DISTRICT
EPAINAGE AREA 1010A
DARED BY TM STAFF OF THE
CONTRA COSTA 0OUNrY FIDOD CONTROL
AND
VB= CATION DISTRICT
255 GLACIER WEVE
t+IARI'DM, CA 94553
JULY 1988
T�
I. Chi•
It is rexled that Contra costa County Flood Control and Water
Conservation District Drainage Area 1010A be established and that
benefit assessments pursuant to Government code Sections 54701 through
54718 be levied to provide for the maintenance of the detention basin
to be installed as part of the drainage improvements -for Subdivision
7040.
II. IOC'ATION:
The proposed drainage area is Located to the east of the Town of
Danville within the Main Alamo creek Watershed. The area is bounded by
the Blackhawk development to the north and east, Camino Tassajara on
the south, and Hansen Iane to the west.
III. TESCR=ON:
The proposed. drainage area contains approximately 80 acres. The
present land use is PI .(Planned unit development).. A boundary
description of the proposed. drainage area is attached as "Mbit All.
The "Conditions of Approval" for Subdivision 7040 included construction
of a detention basin and its related structures, the 'establishment of
Drainage Area 1010A and the adoption of benefit assessment to provide
for maintenance and formation of "Home Owner Association" or a private
entity to execute a joint use agreement for the recreation use of the
Flood Control District's right of way.
IV. REASONS FUR DRAINAGE AIM TION:
The proposed drainage area includes subdivision 7040, a pending
development that will generate over two hundred single family lots.
This development will create impervious surface area that will increase
the storm water run off rate.
V. FAC ITTTF_4 TO BE
The benefit assessments to be collected within Drainage Area 1O10A will
be used for maintenance and operation of the detention basin, its
related structures and the overall maintenance of the Flood Control
District's right of way.
Maintenance and operation of the detention basin would be performed by
the Flood Control District. Such maintenance and operation would be
performed only after the. drainage improvements Have been fully
cmpleted and accepted by the respective public agencies having
jurisdiction, and all necessary land rights have been transferred in
fee to the Flood Control District.
The maintenance and operation would cover:.
1
1. The detention basin but not the area below elevation 698+ for
a permanent pool purposes.
2. The vegetation and landscaping that enhance the appearance of
the detention basin and Flood Control District's right of
way, including irrigation water, and the purchase and
installation of plants.
3. The maintenance access facilities and the interior security
around the basin fencing.
4. The detention basin inlet structures.
5. The principal and emexgenxy spillways.
The following items are excluded frrcm maintenance:
1. The ornimental fence around the Flood Control District's riot of
way.
2. The funds collected for Drainage Area 1010A will,. not be used for
maintaining the area below elevation 698 + as a permanent pool,
including the purchase of water for the permanent pool and or
desilting the basin area below elevation 698 + within the basin
right of way.
3. Turf type planting until the joint use agreement has been
executed. At such a time that the "Hoene Owner Association" or the
private entity desires to have any active or recreational use and
additional landscaping within the right of way limits of the Flood
Control District's right of way containing the detention basin, a
joint use agreement will be signed specifying . maintenance and
liability aspects.
Upon participation by "Hcm Owner Association" or the private entity in
the maintenance and operation of the joint used area, the annual
benefit assessment could be reduced.
VI. ESTIMATE OF ANNUAL MAIrTIENANCE COST:
The annual maintenance and operation cost for the detention basin in
Drainage Area 1010A is estimated at:
1. Desilting and General Clean up $ 3,200
2. Bank Repair $ 1,000
3. Control Structures Repair $ 2,800
4. Facilities Inspection, Storm Patrol $ 1,400
5. Iandscaping $12.000
Tbtal Annual Maintenance $20,400
2
T1
VII. .BENEFIT Tr•
A. Annual Benefit Assessment:
The annual benefit assessment to be assigned to each parcel
created within Drainage Area 1010A will be based on each parcel's
proportionate amount of impervious surface area.
The total impervious surface area to be created in Drainage Area
1O10A is estimated to be 1,056 Impervious Area . Units (one IAU
equals 1,000 square feet) . Attached as Table A is a summary of
the proposed number of lots to be created in Drainage Area 1O10A
and the number of IAU for these lots.
The annual benefit assessment amount for each IAU in Drainage Area
1O10A is the quotient of the total annual maintenance cost
($20,400) divided by the total IAU's (1,056) . This results in
$19.32 per IAU. The annual benefit assessment for each lot would
be the product of the number of IAU's assigned to each lot times
the annual benefit assessment of $19.32 per IAU. Table B
illustrates the assessment amounts to be. applied annually to each
lot in DA 1O10A assuming constant annual maintenance costs and
that a reserve fund has been established.
B. Annual Reserve Fund Benefit Assessment:
To provide adequate funding ,for unscheduled . maintenance or
contingencies, it is recommended that a reserve fund of $61,200 be
established. This is equal to three times the..estimated total
annual maintenance cost. This reserve fund should be established
by levying an annual benefit assessment of twice. the annual levy
per IAU, but not less than $38.64 per IAU, which 50 percent will
be used for establishing and maintaining the recommended reserve
fund. This $38.64 annual levy per IAU would establish the
recommended reserve fund within a period of three years.
Without the financial security provided by the reserve fund,
unscheduled maintenance may not be done in a timely manner. This
could result in the detention basin not receiving the necessary
maintenance.
Once the reserve fund has been established only the annual
benefit assessment will be levied. Should unscheduled
maintenance or contingency charges reduce the reserve fund below
the above recommended amount, the reserve fund should be restored
by increasing the levy to twice the annual benefit assessment
rate.
3
, . T1
C. Annual Maximmmi Benefit Assessment:
During a storm of unusual duration or intensity, or during storms
that closely follow each other, the detention basin and structures
could be heavily damaged. . This storm damage would be in addition
to the unscheduled maintenance described in Subsection B.
We estimate the cost for repair of damage due to unusual storms to
be in excess of $204,000. In view of this potential cost it is
reconTended that a annual maximum benefit assessment of $38.64 per
IAU be set. This is two times the estimated; annual levy of
$19.32. per IAU. The funds generated by this ,maximmi levy of
$38.64 per IAU, in conjunction with the reserve fund, should be
adequate to cover the cost of making this type of repair and to
repay any. loans that may be required to fund the repair.
The Flood Control District appreciates the fact that the annual
maximum benefit assessment being recamnended appears high, and
hopes that it never has to be levied. However, to allow a lower
maximum benefit assessment may result in the inability to make
repairs in a timely manner.
It is proposed that the maximum benefit assessment be adjusted
annually for inflation by using the "Engineering News Record"
construction cost index for the San Francisco area.
VIII.FENEFICT ASSFSSMENr IMPIEMFNfr ICK:
It is reconwnded that Drainage Area 1010A be formed to provide a
vehicle for the maintenance and operation of the proposed
detention basin, located within the proposed drainage area.
Because of a possible phased development, an equitable interim
solution must be adopted to control the amount of assessment and
to compensate for any funding shortfall.
It is reccnunended that: 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) the annual maximum assessment to
individual lots be established at 2 times the annual maintenance
levy amount ($38.64 per IAU) ; 4) that a levy equal to twice the
annual maintenance amount be levied until a reserve fund equal to
3 times the estimated annual maintenance cost has been created,
and that the annual levy be increased by the factor of two to
restore the reserve fund to its recommended amount; and 5) the
developer shall reimburse the Flood Control District for all main-
tenance costs in excess of the revenue from levied assessment
until such time as 75 percent of the lots have been improved and
these lots are paying the annual assessment.
BA:dmw
DA.1010A.Rpt
4
TABLE A
Proposed Develomgi t in DA1010A
Lot Size in Number Impervious Area Total Impervious
Square Feet of Lots Units / Lot Area Units (IAU)
6,000 - 6,999 27 4.67 126.09
7,000 - 7,999 90 4.85 436.50
8,000 - 9,999 55 5.11 281.05
10,000 - 13,999 26 5.63 146.38
14,000 - 19,999 9 . 6.48 58.32
20,000 - 29,999 1 7.77 7.77
TOTAL I.A.U. 1,056.11 (IAU)
Lot Size in Total Number
Square Feet Affected Lot Numbers of Lots
6,000 - 6,999 2-3, 38-39, 50-51, 58, 71, 27
(4.67 IAU) 114, 117, 130-135, 151, 162,
168-171, 198-201, 207
7,000 - 7,999 8, 15, 18-26, 29, 31-35, 37, .90
(4.85 IAU) 40-41, 53-54, 56-57, 66-67,
701 72-77, 84-85, 88-99,102,
105, 107, 155-116, 118-122,
145-147, 152, 154-156, 158-
159, 163-167, 173, 177-178,
184, 186-190, 192, 194-197,
202-203, 205-206, 208
8,000 - 9,999 1, 7, 9, 13-14, 16-17, 30, 36, 55
(5.11 IAU) 42-43, 49, 55, 59, 64-65, 69,
78-83, 100-101, 104, 106, 108,
112-113, 123-129, 136-137, 139,
140, 143-144, 150, 153, 157,
160, 172, 174, 176, 179, 185,
191, 193, 204
10,000 - 13,999 4-6, 11-12, 45, 47-48, 61, 63, 26
(5.63 IAU) 68, 86-87, 103, 109-111, 138,
141-142, 148-149, 161, 175,
182-183
14,000 - 19,999 10, 27-28, 44, 46, 52, 60, 9
(6.48 IAU) 180-181
20,000 - 29,999 62 1
(7.77 IAU)
Total Lots 208
BA:dmw
DA1010A.Rpt
(5/19/88)
5
U%BLEB
Benefit Assessments(l)
Annual Annual Reserved Annual
Lot Size. Impervious Benefit Fund Benefit Maximum Benefit
In Square Feet Area Units Assessment(2) Assessment(3) Assessment(4)
6,000 6,999 4.67 $ 90.22 $ 180.44 $ 180.44
7,000 - 7,000 4.85 $ 93.70 $ 187.40 $ 187.40
8,000 - 9,999 5.11 $ 98.73 $ 197.46 $ 197.46
10,000 - 13,999 5.63 $108.77 $ 217.54 $ 217.54
14,000 - 19,999 6.48 $125.19 $ 250.38 $ 250.38
20,000 - 29,999 7.77 $150.12 $300.24 $ 300.24
(1) Only one benefit assessment to be levied in a given fiscal year.
(2) Annual assessment based on annual assessment rate of $19.32 per IAU.
(3) Annual assessment to establish the reserve fund or to restore it to the
recommended amount.
(4) Annual assessment to repay the repair cost of damages due to unusual storms.
BA:dmw
OA1010A.rpt
6
i
ORDINANCE NO. 16
BEFORE THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
AS AND CONSTITUTING
THE BOARD OF DIRECTORS
OF
CONTRA COSTA COUNTY SANITATION DISTRICT NO. 5
AN ORDINANCE ESTABLISHING THE ANNUAL SEWER CHARGE
FOR FISCAL YEAR 1988-89 IN
CONTRA COSTA COUNTY SANITATION DISTRICT NO. 5
The Board of Supervisors of Contra Costa County, as and
constituting the Board of Directors of Contra Costa County
Sanitation District No. 5, does ordain as follows:
SECTION 1. ANNUAL UNIT CHARGE. For Fiscal Year 1988-89 the
"Annual Unit Charge" referred to in Section 4 of Ordinance No. 1
is $260. 00.
SECTION 2. COLLECTION ON TAX ROLL. The District hereby elects
to collect the annual sewer service charges on the Fiscal Year
1988-89 tax roll.
SECTION 3. EFFECTIVE DATE. This Ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of Supervisors voting for and
against it in the West County Times , a newspaper published in
the County and circulated in the District.
PASSED on July 12 , 1988 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson & Schroder
NOES: None
ABSENT: None
BOARD CHAIR
ATTEST: PHIL BATCHELOR
Clerk of the Board and
County Administrator
BY: "
L�,,,
DEPUTY
bo:sd.t7