HomeMy WebLinkAboutMINUTES - 07102001 - SD.12 oL.
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, DE 'nrrr.>\TTFR a.dn UIUKEMA
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\FldCtl\CurDev\CITIES\Oakley 1 hereby certify that th' s a true and correct copy of an action taken and
\Sub 7797\BO ResoAnnex-Hearing.doc entered on the minut f the Q d of Supervisors�thedatewn.
Orig.Dept:Public Works(FC) ATTESTED:
cc: County Administrator JOHN SW Cle he Boarcj.6f Supervisors and County
Community Development Administr
Building Inspection
County Counsel
County Assessor By Deputy
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# 2991-R7-, 3011-92 & Sub 7797
DATE: JULY 10, 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 IAU, 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. 1
EXHI BIT OA0
LEGAL DF:SC"RIP'I:'ION
ANNEXATION TO DRAINAGE \ I;E,1 520
SUBDIVISI0N 7797 - DELTA POlNT
ALL THAT REAL, PROPERTY SITUATE IN THE CITE' OF
OAKLEY, COUNTY OF' CONTRA COSTA. STATE OF
CALIFORNIA, DESCRIBED AS FOLLOW-S:
ALL THAT PORTION OF TIII: NOR'TII ONE HALF OF 'I_'HE
SOUTHWEST ONE QUARTER OF SECTION 30, T0WNSHIP
2 NORTH , RANGE 3 EAST, MOUNT DIABLO MERIDIAN;
DESCR[ HED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERN LINE
OF' MARSH CREEK AS DLSC KIBE D IN THAT' CERTAIN
DEED RECORDED IN THE O F'FIC E OF THE COUNTY
RECORDER OF' CONTRA COSTA COUNTY IN BOOL 4733
OF' OFFICIAL RECORDS AT PAGE 47'd- AT THE MOST
WESTERN CORNER OF PARCEL ORD AS SAID PARCEL IS
SHOWN AND SO DITSIGNATE 1) ON THE MAP OF
SUBDIVISION 59=16 FILED FOR RECORD IN SAID OFFICE,
OF THE C'OUN'TY REC01 DER IN BOOL OF _kIAPS AT
PAGE 49; TIIENC'E, F1;0��I SAID POINT' OF 131�GINNING ,
NORTHWESTERLY ALONG- SAID NOR'I'.HE!\S'T'ERN LINF: OF
MARSH CREEK NOR'YH 24 I-20 51 " WEST 30 .51 FELT-,
FFHIENCE, SOUTH 65° 1709" WEST 2. 00 FEET'; THEiNCE,
NORTI:1: 24042051 " tiVES'l, 1224. 15 F'ECT; 1'IIENCE, NORTH
65017'09'1 EAST 7 . 00 FEET; 1`111 __,' CE, NORTH11rES'I' _ L/
ALONG THE ARC OF A NON-TAiNC'ENT 5641. 00 FOOT
RADIUS CURVE TO THE: I_,EFT'. T H.E CENTER OF WHIC I-I
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EAST _,`204.022 FEE'T' TO A PUN,.[, ON TFIE
S 0 UTI I AVE STERN LINE OF' THE AIFC111�Oxl TOPE11A AND
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DETIIAT CERTAIN DEED
A-VA�l IS,, ,S-CRIBED IN RECORDED
IN SAID OFFICE OF THE COUNTY' k) FICORDER IN BOOK
79 OF' DEEDS AT ' PAGE 467; TIIENCF,
A , OJT
LONG 'I'HE SAID 'SOUT11 490,55'55
EAST '20,22"l,").-I FEET TO A POINT. ON TI-IE NNORTIIERN
LINE OF St,_BDIVISION 6819 AS SHOWN AND SO
DESIGNATED ON TI-IF, OFFICIAL MAP OF S- A.11)
SURDIVI"._.,'lON 6819 FILED FOR, RECORD IN S A 1.D 0 1,11 C E
CotT Y
OF THE N'T'Y' RECORDER IN HOOk 308 OF
' ' MAPS A'
P A(-,'TI I 'THENCE, AV E STE R LY A L 0 N G. SAID NORTHERN
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1 189.7 1 FEET TO 'T'HE POINT' 01' BEGINNtNG
CONTAINING r-_21 . 08 ACRES OF LAND iWORE OR LESS.
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Prepared By
PLA T TO ACCOMPANY LEGAL DESCRIPTION FOR
ANNEXA TION TO DRAINAGE AREA 520 ==: t
SUBDI VISION 7797 - DELTA POINTE MII-.,.4. NI
CITY OF OAKLEY CONTRA COSTA COUNTY - CALIFORNIA 3480 Busk225Avenue
SuiteMA Y, 2001 SCALE.- I" = JOO' Pleasant Hill CA 94523
SHEET 1 OF 1 SHEET
i
Exhibit `B"
ENGINEER'S REPORT
FOR
ANNEXATION 42
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, 1.987, 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 1 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 amiexation 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.
1
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 fiend, or maximum assessment are required.
A. Annual Maintenance Benefit Assessment:
The annual assessment rate established in 1987 is $11.87/ Impervious Area Unit
(IAU). (1 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
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$35.611IA.0 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 1.987.
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 amival 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. 1 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
10,000-13P999 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:\GrpDataTFldCtl\CuTDev\CITIES\Oakley\Sub 7797\Amiex2DA520-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.
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 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
I further certify that the total number of ballots cast in the proposed annexation of Subdivision 7797 into
Drainage Area 520 at said election was 1 and attached hereto are the total ballots received for and against
annexation and assessment.
Dated the 10th day of July, 2001
RL:
G:\GrpData\F1dCtl\CurDev\DA Annexations\BallotResults.doe
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.
Sign ture of ke't6
Fowner or Authorized
Representative of the above identified parcels.
-FJ2Z. o
Dat
fd
G:\GrpData\FldCtl\CurDev\CITIES\Oakley\Sub 7797\Ballot-Exhibit C.doc
5/8/01
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 15, 2001,by the following vote:
AYES: SUPERVISORS GIOTA, GERBER, DESAULNIER, GLOVER, AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO: 2001/ 193
SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage
Area 520 and Adoption of Annual Benefit Assessments, Oakley 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 ill 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.
G:\GrpData\I."I dCtl\Cur Dev\C I"r1 ES\Oakley\
Sub 7797\130 Reso-Fix I learing.doc
Orig.Dept:Public Works(FC)
cc: County Administrator
Community Development
Building Inspection
County Counsel
County Assessor
County Treasurer=rax Collector
County Auditor-Controller
Cbief Engineer(Public Works)
Flood Control Engineering
Accounting
Engineering Services
RESOLUTION NO: 2001/193
SUBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage
Area 520 and Adoption of Annual Benefit Assessments, Oakley area.
DATE: MAY 15, 2001
PAGE: 2 of 3
The developers of Subdivision 7797 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 #2 to Contra Costa County Flood Control &
Water Conservation District Drainage Area 520." 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 Wat. Code App., § 63-12.6).
It is proposed that the real property described in Exhibit A attached hereto be annexed to Drainage
Area 520, 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 9:00a.m. on July 10, 2001, 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., §S 63-
3.3 and 63-12.7), once a week for two (2) consecutive weeks prior to the hearing, with at least live (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.
RESOLUTION NO. 2001/193
SLTBJECT: Notification of Hearing to Consider Annexation to Flood Control District Drainage
Area 520 and Adoption of Annual Benefit Assessments, Oakley area.
DATE: MAY 15, 2001
PAGE: 3 of 3
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
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.
i'_-reby certify 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.
ATTES May 2001
JO SWEE N, miler of the Board
u rvisqrs a ou Administrator
By Deputy
RESOLUTION NO: 2001/193
APRTI-.,, '001
J 0 F3 N0. 12'0 0 07 0 - 1. 0
LE GAL.
OAO
L E(-.T' AI , DESCk) [PTION
ANNEXATION] TO F)RAINAGE Fl 17,A 5 0
77�97 -- I_) I,jL,TA POINT
ALL THAT REA1 , PR)O.PFRTI,.' Si-ITUATE: IN THI_'_, CITY OF
NTI (_ OSTA . STATE OF'
OAKLE�. , COUNTY 01 '
A
CALIFORNIA, DESCRIBED AS l,'0I.J__,OA-%7S-
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SUBDIVISION 5946 PILED FOR R.L:(iORD IN SAID OFFICE:
OF :307 OF MAPS AT
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PAGE 49; THENCE, FR- 01\1 SAID POINT 011' BEGINNING,
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Prepared By
PLA T TO ACCOMPANY LEGAL DESCRIPTION FORr
ANNEXA TION TO DRAINAGE AREA 520 ; ..
SUBDIVISION 7797 — DELTA POINTE MILANI
CITY OF OAKLEY — CONTRA COSTA COUNTY — CALIFORNIA .3480 Buskirk kirk Avenue
MAY, 2001 SCALE- 1n = 300' Pleasant Hill CA 94523
SHEET 1 OF 1 SHEET
EYIIIBi'C ":B"
LEGAL NOTICE
CONTRA COSTA COUNTY FLOOD CONTROL.
AND
WATER CONSERVATION DIS'I'RIC'C
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 10, 2001 in its
chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553, as the
time and place for a hearing on proposed Annexation No. 2 to Drainage Area 520 and the
proposed levy of benefit assessments for tile. area being aiuiexed 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 520 of
Subdivision 7797 located in the Oakley Area. Precise descriptions are contained in the
boundary descriptions.
The boundary malas, 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\F1dCt1\CurDev\DA Anti exations\Legal Notice Mst.-Exhibit B.doc
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.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
GAGrpData\FldCtl\CurDev\DA Annexations\Ballot-Exhibit C.doc
12/20/99
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 CONTROI,
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 1 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 storni
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.
1
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). (1 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. Tile
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 tine 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 stoma of unusual duration or intensity, or during storms that closely
follow each other, the detention basin and basin structures could be damaged.
2
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. Tile
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
i •
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. 1 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\F1dCtl\CurDev\CITIF.S\Oakley\Sub 7797\Annex2DA520-Sub7797.doc
4
PROOF OF PUBLICATION
(2015.5 C.C.P.) LEGA BNOTBICE
CONTRA COSTA
COUNTY FLOOD
STATE OF CALIFORNIA CONTROL AND
WATER CONSERVATION
County of Contra Costa DISTRICT
NOTICE OF PUBLIC
I am a citizen of the United States and a resident of the HEARING
The Board of Supervisors
County aforesaid; I am over the age of eighteen years, and as the governin body of
not a party to or interested in the above-entitled matter. me Contra roan county.
Flood Control and Water
Conservation District, has
I am the Principal Legal Clerk of the Contra Costa Times, a set 9:00 a.m.in its on July 10,
newspaper of general circulation, printed and published at County Administration
2640 Shadelands Drive in the City of Walnut Creek, County Building, 651 Pine Street,
Martinez CA 94533,as the
of Contra Costa,94598. time and place for a hear-
ing on proposed Annex-
ation No.2 to Drainage Ar-
And which newspaper has been adjudged a newspaper of ea 520 and the proposed
general circulation by the Superior Court of the County of levy of benefit assessments
Contra Costa, State of California, under the date of October for the area being annexed
under theprovisions of the
22, 1934.Case Number 19764. Contra costa County Flood
Control and Water Conser-
vation District Act and the
The notice, of which the annexed is a printed copy (set in Benefit Assessment Act of
type nonpareil), hbpublished in 1982,respectively.
yQ not smaller than non areP ) as been Q n each The above-described hear-
regular and entire issue of said newspaper and not in any ing concerns gthe annex-
supplement thereof on the following dates,to-wit: of Sri to rainsion 7797 Area
ted
in the Oakley Area.Precise
May 24,31 descriptions are contained
in the boundary descrip-
tions.
all in the year of 2001 The boundary maps,
bounda
ry descriptions of
the areas, and engineer's
I certify (or declare) under penalty of perjury that the report have been prepared
foregoing is true and correct.
for the Theseosdocuments
have been filed with the
Executed at Walnut Creek,California. clerk or the Board a or Su-
Executed at
31 da of May, 2001 for i speors and are available
y y for inspection at the Public
Works Department Office,
255 Glacier Drive,Martinez,
CA 94553.
Signature At the public hearing, the
g Board
ersons
eres ed inoraffar allected by
Contra Costa Times the proposed change in the
P O Box 4147 drainage area boundaries,
will hear all relevant evi-
Walnut Creek,CA 94596 dente for and against the
(925)935 2525 petition, and will hear and
consider all protests
aggainst the proposed ben-
Proof of Publication of: eFt assessments. At the
conclusion of the hearing,
(attached is a copy of the legal advertisement that published) the Board may annex all or
part of.the parcels pro-
posed to be annexed,and
may adopt,revise,change,
reduce or modify the pro-
posed benefit assess-
ments.
All persons interested in or
affected by the proposed
change in the drainage ar-
ea 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
evy annual benefit assess-
ments upon the parcel
i,
proposed to be annexed
Qe al CCT 2136
ish May 24,3l,2001
(r J
l