HomeMy WebLinkAboutRESOLUTIONS - 05101988 - 88-263 p6{p�
THE BOARD OF SUPERVISORS 'OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 10, 1988 by the following vote:
AYES: Supervisors Fanden, McPeak, ,Torlakson and Schroder `
NOES: None
ABSENT:''Supervi sor Powers
ABSTAIN:Non e
RESOLUTION NO. 88/263
(West's Water Code App.
Ch. 63, Sec. 12 .2 and 12 . 3)
Government Code Section 54715
SUBJECT: Establishment of Drainage Area 1010, Danville and San
Ramon Area. Project No. 7505-6F8162 .
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 April 5, 198811 this Board set a public hearing proposing
to establish Contra Costa County Flood Control and Water
Conservation District Drainage Area 1010, consisting of that real
_property described in Exhibit "A" , attached hereto.
On May 10, 1988, pursuant to the Board's resolution of April
5, 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 1010.
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 1010.
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 1010 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 that good cause exists for the
establishment of Drainage Area 1010 and ORDERS that Contra Costa
County Flood Control and Water Conservation District Drainage
Area 1010 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
are adopted. (Exhibit "B" . )
RESOLUTION NO. 88/263
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 .reDort rernjired bv_ 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 54717. 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.
. The...__._annual assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54715 shall take
effect upon the certification by the County Clerk (Elections
Clerk) that two-thirds or more of the voters have duly approved
the proposed assessments, as required by Government Code Section
54717. The annual assessments shall be payable as follows:
1. Assessments on new lots shall be levied in the fiscal year
following the filing of the final map creating said lots;
2. Assessments on existing lots that receive impervious
surfaces shall be levied in the fiscal year following said
construction;
3 . The legislative body (Board of Supervisors) may annually
determine the. cost-of the services---financed by—the assess-
ments and, by ordinance or resolution, establish the amounts
of the assessments;
4 . A portion of the assessments may be used for maintaining a
reserve fund equal to five times the estimated annual cost
of the services;
5. The annual assessments established by the Board of Super-
visors shall not exceed a maximum of $24 . 18 per IAU (1, 000
square feet of impervious surface) , as adjusted annually to
account for inflation; and
6. Until such time as 75 percent of the lots in Drainage Area
1010 have been improved and are paying annual assessments,
the developer(s) shall reimburse the Contra Costa County
Flood Control and Water Conservation District for all
service costs in excess of the revenue from levied
assessments.
ij
Orig. Dept: ',Public Works Department (FC
Fleby certify that this t8 a true and correct copy of
cc: County Administrator an action taken and entered or the rninutes of tho
Board of Supervisors on the date shown.
Community Development
Building Inspection ATTESTED: .
County Counsel P141 L �3ATCH On, Clerk of the Guard
County Assessor of Superiiso and County Administrator
County Treasurer - Tax Collector
County Auditor - Controller By ____ . Deputy
RESOLUTION NO. 88/263
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
Citation. Homes
P.O. Box 2359 j
San Leandro, CA 94577
N. CA Bldg Indus Assoc
Attn: Dean LaField
1280 Boulevard Way, #211
Walnut Creek, CA
David Lennon
Hoffman Company
P.O. Box 907
Concord, CA 94522
Nancy Rabin
Trammell Crowe
North Bay Resident
591 Redwood Hwy. , #5275
Mill Valley, CA 94941
City of Danville
City of San Ramon
OB:sj
bo:DA1010Est.t6
RESOLUTION NO. 88/263
EXHIBIT A
Contra Costa County Flood Control
and
Water Conservation District
ERAINAGE AREA 1010
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 intersection of Camino Tassajara centerline and the
soutl,erly prolongation of the westerly line of Subdivision MS 166-77 shown
on the map filed May 31, 1978 in Book 66 of Parcel Maps at page 22.
Thence along the centerline of Camino Tassajara North 890 54' 52" West
219.26 feet, to the centerline of Lawrence Road; thence continuing along the
centerline of Camino Tassajara (shown as Tassajara Road on the map of
Subdivision 2837 recorded September 28, 1960 in Map Book 79 at page 34) in a
general westerly and southerly direction 1,269.48 feet, to the west line of
Subdivision 2837; thence along said line South 20 03' 09" East 773.57 fee-E"-------
to
eef - --
to the center line of Leema Drive; thence South 690 30' West 400 feet;
thence North 400•West 250 feet; thence West 300 feet; thence South 300 West
800 feet; thence Southwesterly 600 feet, more or less, to the most easterly
corner of PARCEL C of Minor Subdivision 100-78 filed September 20, 1979 in
Parcel Map Book 81 at page 10; thence along the east line of PARCEL C and
its southerly prolongation, South 170 12' 34" West 1,817.67 feet, to the
north line of Lot 43 of Dougherty Ranch filed May 2, 1894 in Map Book B at
page 45; thence Southerly 1,980 feet, more or less, to an angle point on the
south line of Lot 43 which bears North 820 20' 07" West 1,055.02 feet from
the southeast corner of Lot 43; thence along the southerly and westerly
boundary of said Lot 43 the following courses; South 850 54' 19" West
2,658.54 feet, South 620 33' 06" West 659.47 feet, North 230 54' 51" West
199.91 feet and North 390 34' 20" East 383.05 feet to the southerly line of
Lot 53 of said Dougherty Ranch (B M 45) ; thence along said line North 880
15' 04" West 1,572.49 feet to an angle point in said southerly line; thence
leaving said line North 400 feet; thence North 650 West 850 feet; thence
Northerly 900 feet, more or less, to a point on the centerline of Crow
Canyon Road, being the end of a curve on said centerline, distant thereon
550 feet, more or less, from the west line of Lot 53 (B M 45) ; thence
Northerly 1,050 feet, more or less, to a point on the southeast line of
Western Title Insurance Company 14.96 acre parcel recorded June 28, 1979 in
Volume 9418 at page 586, which bears along said southeast line Southwesterly
1,100 feet from the north line of Lot 53 (B M 45) ; thence along said
southeast line, Northeasterly 1,100 feet; thence along the north line of Lot
53, North 890 45' East 1,500 feet, more or less, to the northeast corner of
Lot 53, being a point on the west line of Tassajara Partners 20.12 acre
parcel recorded June 7, 1984 in Volume 11825 at page 283; thence along said
1
EXHIBIT' B
(to Resolution of Action, May 10, 1988)
ENGINES "S REPORT
FOR
THE E TAj3 TSHMENT`
OF THE
CONTRA COSTA COUNTY FZOOD CONTROL
AND
VP= CONSERVATION DISTRICT
DRAINAGE AREA 1.010
PREPARED BY THE STAFF OF ZHE
CONTRA COSTA COUNTY FIOOD CONTROL
AND
WATER CONSERVATION DISTRICT'
255 GIACIER DRIVE
MARI1NEZ, CA 94553 ,
March, 1988
' r •I c C
It is recommended that Contra costa County Flood Control and Water Conserva-
tion District Drainage Area 1010 be established and that benefit assessments
pursuant to Government code Sections 54701 through 54718 be levied.
2. IDC'A'IZON•
The proposed drainage .area is located in the Danville and San Ramon area.
The area is bounded by the Blackhawk development to the north and the
southern boundary of the pending West Branch development to the south. The
east and west boundaries are approximately the Dougherty Hills ridge line
and Hansen Lane, respectively. The specific location is shown on Contra
Costa County Flood Control arra Water Conservation District Drawing D-12619.
3. LI'IC7N-
The proposed drainage area contains approximately 1,200 acres of undeveloped
land comprised of low hills and draws. The present land use is primarily
for grazing. A boundary description of the proposed drainage area is
attached as Exhibit "A".
4. REASONS FOR DRAINAGE AREA TION'
The limits of the proposed drainage area coincide with the limits of a
number of developments that will generate over two thousand single-family
and multiple-family lots and some commercial area. This development would
create impervious surface area, thus increasing the storm water runoff rate.
The additional runoff would overtax the flow capacity of West Alamo Creek
and also further aggravate an existing erosion problem along the creek. To
mitigate the storm water discharges from these developments, the
developments have been, or will be, conditioned to require creek
modifications to prevent overflows and creek erosion. Further mitigation
of these discharges would be provided by a regional flood detention basin in
the vicinity of Camino Tassajara. '
The formation of Drainage Area 1010 provides a legal entity under which
benefit assessments for the maintenance of the existing creek, its flood and
erosion control improvements, and the regional detention basin can be
levied.
5. FACILITIES S TO BE
The benefit assessments collected within Drainage Area 1010 would be used
only for maintenance and operation. Such maintenance and operation would
cover:
1
a. West Alamo Creek, within the boundaries of the proposed drainage
area within the Flood Control District right-of-way limits,
including flood control and erosion control improvements,
maintenance access roads, safety fencing, outfall pipes and
vegetation and landscaping that enhances the appearance of the
creek.
-b. The regional detention basin, within its richt-of-way limits,
including basin inlet and outlet structures, principal and
emergency spillway, inlet and outlet strictures, vegetation and
landscaping that enhance the appearance of the basin, maintenance
roads and safety fencing.
Any active or recreational use within the right-of-way limits of the creek
or basin will only be considered as part of a joint use agreement specifying
maintenance and liability agreements.
Maintenance and operation would be performed by the Flood Control District
only after the required drainage improvements have been fully completed and
accepted - by the respective public agencies having jurisdiction and only
after all necessary land rights have been transferred in fee to these
agencies.
6. ESTTT42= OF ANNUAL MAINTENANCE COST:
The annual maintenance and operation cost for the basin, West Alamo Creek
and creek improvements for Drainage Area 1010 is estimated at:
1. Desilting $ 20,000
2. DTbankment Repair $ 18,000
3. Control Structures Repair $ 19,000
4.- Outfall Structures $ 16,000
5. Vegetation $ 11,000
6. Facilities Inspection, Storm Patrol
and Miscellaneous 16,00
Total Annual Maintenance Cost $100,000
7. EENFKIT ASSESSMENT:
A. Annual Maintenance Benefit Assessment:
The annual benefit assessment to be assigned to each parcel created
within Drainage Area 1010 will be based on each parcel's proportionate
amount of impervious surface area.
The total impervious surface area to be created in Drainage Area 1010
is estimated to be 12,400 Impervious Area Units (one IAU equals 1,000
square feet) . Attached as Table A is a summary of the estimated number
of lots created in Drainage Area 1010 and the estimated number of IAU
for these lots.
2
The annual benefit assessment amount for each IAU in Drainage Area 1010
is the quotient of the total annual maintenance cost ($100,000) divided
by the total IAU's (12,400) . This results in $8.06 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 $8.06 per IAU. Table B illustrates the assessment
amounts to be applied annually to each lot in DA 1010 assuming constant
-annual maintenance costs.
B. Reserve Rind Benefit Assessment:
To provide adequate funding for unscheduled maintenance or
contingencies, it is recommended that a reserve fund of $500,000 be
established. This is equal to five times the estimated total annual
maintenance cost. This reserve fund should be established by levying a
benefit assessment of twice the annual levy per IAU, but not less than
$16.12 per IAU, a portion of which may be used for establishing and
maintaining the. reed reserve fund. This $16.12 annual levy per
IAU would establish the recommended reserve fund within a period of
five 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 basin and portions of West Alamo Creek not receiving
necessary maintenance. —
Once the reserve fund has been established, should unscheduled
maintenance or contingency charges reduce the reserve fund below the
above recommended amount, the reserve should be restored by increasing
the annual levy per IAU to twice the annual levy per IAU.
C: Maximum Assessment:
During a storm of unusual duration or intensity, or during storms that
closely follow each other, the detention basin and structures, West
Alamo Creek and improvements could be heavily damaged. This storm
damage would be in addition to that requiring the unscheduled
maintenance described in Subsection B. We estimate the cost for repair
of damage due to unusual storms to be in excess of $1,000,000. In view
of this potential cost it is rec-onmiended that a maximum annual benefit
assessment of $24.18 per IAU be set. This is three times the estimated
annual levy of $8.06 per IAU. This maximum levy of $24.18 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 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.
3
It is proposed that the maximum assessment be adjusted annually for
inflation by using the "Engineering News Record" construction cost index for
the San Francisco area. .
8. BEN= ASSESSMERr ]MPLE74EN=ON•
It is recommended that Drainage Area 1010 be formed to provide a vehicle for
the maintenance and operation of the proposed regional detention basin, West
Alamo Creek and creek improvements, located within the proposed drainage
area. Because of the phased development of the pending developments, an
equitable interim solution must be adopted to control the amount of
assessment and to compensate for any funding shortfall.
It is re=mnended that: (1) assessments on new lots shall be levied in the
fiscal year following the filing of the final map creating said lots; (2)
assessments on existing lots that receive impervious surfaces shall be
levied in the fiscal year following said construction; (3) the legislative
body (Board of Supervisors) may annually determine the cost of the services
financed by the assessments and, by ordinance or resolution, establish the
amounts of the assessments; (4) a portion of the assessments may be used
for maintaining a reserve fund equal to five times the estimated annual cost
of the services; (5) the annual assessments established by the Board of
Supervisors shall not exceed a maximum of $24.18 per IAU (1,000 square feet
of impervious surface) , as adjusted annually to account for i.nflation;_and-__
(6) until such time as 75 percent of the lots in Drainage Area 1010 have
been improved and are paying annual assessments, the developer(s) shall
reimburse the Contra Costa County Flood Control and Water Conservation
District for all service costs, in excess of the revenue from `levied
assessments.
OB:pg
DA1010EngBpt.t8
4
TABLE A
Estimated Development in DA1010
(per 1,000 ft2) (per 1,000 ft2)
Number Total Impervious IAU
Land Use of Lots Area Units per Lot
Commercial *. 39 1,730 *44.17
Multi-Family
0-5,000 ft2 806 2,370 2.56
Single-Family
5 000-10 Q00 ft2 1,192 51570 4.67
16,000 it & up 483 2,730 5.63
12,400 IAU's
*The units are per acre
5
TABLE B
Benefit Assessments
(per 1,000 ft2) Dollar Dollar Dollar
Estimat,ed Annual Reserye Fund Maxmmm
Impervious Benefit Benefit Annual
Area Units Assessment Assessment Benefit
Land Use per Lot per Lot per Lot per Lot
Commercial *44.17 *356.01 *712.02 *1,068.03
Office *39.38 *317.40 *634.80 * 952.20
Multi-Family
0-5,000 ft2 2.56 20.63 41.26 61.89
5,000 ft2 & up 2.93 23.62 47.24 70.86
Single Family
0-5,000 ft2 4.31 34.74 69.48 104.22
5,000-10,000 ft2 4.67 37.64 75.28 112.92
10,000 ft2 & up 5.63 45.38 90.76 136.14
*The units are per acre
6