HomeMy WebLinkAboutRESOLUTIONS - 06271989 - 89-438 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Adopted this Resolution on June 2.7, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak $ Torlakson
NOES: None
ABSENT: None
ABSTAIN: None Resolution No. 89/ 438
(West's Water Code App. ,
Sections 63-12.6 and 63-12.7 ;
Gov. Code, Sections 54701-54718
SUBJECT: Annexation No. 1 to Flood Control District Drainage
Area 67A and the Levy of Annual Benefit Assessments for
Financing Drainage and Flood Control Services. Walnut
Creek Area. Project No. 7575-6D8215
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 May 23 , 1989, this Board adopted Resolution No. 89/332
announcing its intention to annex to Drainage Area 67A the real
property described in Exhibit "A" , and Exhibit "B" attached
hereto and made a part hereof by reference, 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
On June 27 , 1989, pursuant to its May 23 , 1989 Resolution
this Board held a public hearing on the question of the proposed
annexation and levy of annual benefit assessments; and
. At the time and place fixed for said public hearing, this
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, and heard and considered
all protests against the proposed benefit assessments; and
It appears from the affidavits of publication and posting on
file with this 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. , Sections 63-3 . 3 and 63-12 . 7) , in accordance with Government
Code Sections 6066 and 54716, and in accordance with the
provisions of the Board's May 23 , 1989 Resolution; and
The Chief Engineer has previously filed with the Clerk of
the Board the written report required by Government Code Section
54716 describing the annual benefit assessments for drainage and
flood control services proposed to be levied against the real
property described in said report and the aforementioned Exhibit
"A" and Exhibit "B" ; and
This Board has received no resolution or ordinance adopted
by the City of Walnut Creek requesting exclusion of territory
from the area being annexed.
NOW, THEREFORE, this Board hereby CERTIFIES that it can be
seen with certainty that there is no possibility that the
activity may have a significant effect on the environment; and
RESOLUTION NO. 89/438
This Board hereby DIRECTS the Chief Engineer to file with
the County Clerk a Notice of Determination for this project.
This Board hereby 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" and Exhibit "B" is
annexed to Contra Costa County Flood Control and Water
Conservation District Drainage Area 67A, subject to the
requirement that the. owners of the annexed land approve and pay
the annual benefit assessments described below.
This Board hereby APPROVES the report, attached hereto as
Exhibit "C" and made a part hereof by reference, ESTABLISHES an
area of benefit corresponding with the real property described in
Exhibit "A" and Exhibit "B" attached hereto, and PROPOSES the
adoption of the annual benefit assessments described in said
report.
This Board hereby DIRECTS . that the County Clerk (Elections
Clerk) take all steps necessary to conduct the election required
by Government Code Section 54717 (a) to authorize the annual
benefit assessments described in the aforementioned report. 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, and following completion of the election,
the County Clerk (Elections Clerk) shall file with the Clerk of
the Board a certification (official canvas) of the vote cast on
the proposition.
The annual benefit assessments proposed for adoption by this
Resolution pursuant to Government Code Section 54717 shall take
effect upon approval by the vote required by law. The annual
benefit 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 . 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 $49.82/IAU, as adjusted for inflation by the State of
California, Construction Cost Index;
4. An amount equal to twice the annual benefit assessment shall
be levied until a reserve fund equal to two times the
estimated annual maintenance cost has been created or
restored to its recommended amount; and
5. The developers shall reimburse the Flood Control District
for all maintenance costs in excess of the revenue from
levied assessments until such time " as 75 percent of the lots
have been improved and these lots are paying the annual
assessments.
1 hereby certify that this Is a True and correct copy of
an action taken end entered on the minutes of the
Originator: Public Works (FCE)
Board of Supervisors on the date shown.
cc: County Administrator111N
Community Development ATTESTED: - .TCH 2 7 1989
BuildingInspection PHIL BATCHELOR,clerk of the Board
P o!Supervisors and County Administrator
County Counsel •. AA
County Assessor �,r _( LtA�f,aew_ J County Treasurer - Tax Collectore 'Deputy
County Auditor - Controller
Chief Engineer
Flood Control Engineering
Accounting
Engineering services
Fee Notices to Recipients
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BO:DA67AAnnl.t6
RESOLUTION NO. 89/438
EX UBW "A"
ANNEXATION NO. 1 TO DRAINAGE AREA 67A
All hereinafter references to maps, boundary lines, and ownerships are to
records of Contra Costa County, State of California.
Portions of the Rancho San Ramon and a portion of Section 2 of Township 1
South, Range 2 west, Mount Diablo Meridian lying within Contra Costa County,
described as follows:
Area 2 (Minor Subdivision 81-87) All of Parcel "D" as said parcel of land is
shown on the record of survey map filed September 1, 1965 in Book 36 of Land
Surveyors' Maps at page 49.
Area 3 (Minor Subdivision 83-87) A portion of Lot 108 as said lot is shown
on the Map of Parkmead Oaks, Unit No. 3, filed April 10, 1952 in Book 46 of
Maps at page 24, described as follows:
Beginning at the most westerly corner of said Lot 108 (46 M 24) , thence
along the exterior boundary of said Lot .108 north 640 49' 52" east 286.40
feet and north 80 05' 46" east 110.81 feet to a point of the southerly line
of Del Monte Court from which a radial line of a curve concave to the
northeast having a radius of 40.00 feet bears north 180 24' 00" east; thence
northwesterly alongo the arc of said curve and Del Monte Court through a
central angle of 68 04' 51", a distance oS 47.53 feet; thence leaving said
court, non-tangent to said curve, south 83 13' 51" west 126.21 feet to the
northwesterly line of said Lot 108 (46 M 24) ; thence along said line south
25 51' 19" west 280.18 feet to the said most westerly corner of Lot 108,
the point of beginning.
Containing an area of 0.826 acres of land, more or less.
Area 4 (Minor Subdivision 14-88) All of Parcel A as said parcel of land is
shown on the map of Minor Subdivision 217-73 filed July 5, 1974 in Book 34
of Parcel Maps at page 26.
Area 5 (Minor Subdivision 70-88) All of Parcel B as said parcel of land is
shown on the map of Minor Subdivision 217-73 filed July 5, 1974 in Book 34
of Pan=el Maps at page 26.
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DA67AEXUA
April 27, 1989
EXHIM ng"
ANNEXATION NO. 1 TO DRAINAGE AREA 67A
Area 1 (All of Subdivision 6815) "Del Valle" filed November 12, 1987 in
Book 318 of Maps at page 3. Records of Contra Costa County, California,
excepting therefrom all these portions of Lots 6 and 7 that lies northerly
and easterly of the following described line:
Beginning at the intersection of the southwesterly line of Tice Valley
Boulevard and the northwesterly line of the parcel of land described to the
Acalanes Union High School District in the final order of condemnation, a
certified copy of which was recorded October 7, 1957 in Book 3055 of
Official Records at page 497; thence along said northwesterly line and
northeasterly line of said School District parcel, south 320 00' 40" west
270.72 feet and north 570 59' 20" west 847.45 feet to the southeasterly line
of PARCEL 21 as said parcel is shown on the Record of Survey map filed
September 10, 1964 in Book 30 of Licensed Surveyor's Maps at page 18; thence
along said southeasterly line and the boundary of PARCEL 23 as shown on said
map (30 LSM 18) north 510 47' 47" east 121.85 feet, north 140 00' west
275.85 feet, north 410 15' west 1005.80 feet, then leaving the boundary of
said Parcel 23 north 410 15' west 60 feet to an angle point in the boundary
of Lot 7 of aforesaid Subdivision 6815 (318 M 3) created by courses north
410 15' west 1065.80 feet and north 890 36' 27" east 639.90 feet.
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DA67A.EXHB
April 27, 1989
EXHIBIT "C"
II WEER'S R 23CORT
ANNEXATION NO. 1 TO EMUIPL E AREA 67A
r;
CONTRA OOSIA COUNTY
FLOOD CON'T'ROL
AND
WATER CONSERVATION DISTRICT,
JUNE, 1989
ElIG31UUM MKORT
AME)UMM #1 TO EPAIlNAGE All 67A
1. Recommendation
It is recommended that the Board of Supervisors authorize the Annexa-
tion #1 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 levied for the area to be annexed.
2. Drainage Area Location
Flood Control District Drainage Area 67A established in April of 1987
consisted of a portion of Rossmoor Complex in the vicinity of Tice
Valley Boulevard and Rossmoor Parkway. The specific location of the
areas to be annexed shown on Flood Control District drawing number
D12651, entitled "Annexation No. 1 to Drainage Area 67A."
3. Drainage Area..
The proposed annexation consists of four minor subdivision totaling
8.751 acres and the majority of a 66 acre major subdivision. The
remainder of the major subdivision is within Drainage Area 15A. The
minor subdivisions will create 11 single family residential lots that
vary in size from approximately 5000 sq. ft. to in excess of 131,000
sq. ft. size. The major subdivision will contain a variety of
development types, (e.g. , congregate housing, skilled nursing and
assisted living facilities, club house, and age restricted apartments.
The four minor subdivisions are scattered throughout Tice Creek
watershed. The major subdivision consists of the old Del Valle High
School site. Except for the portion of Subdivision 6815 in Drainage
Area 15A, the storm water runoff from the subdivisions reaches the Tice
Creek Channel at various locations. Tice Creek is tributary to Las
Trampas and Walnut Creek Channels.
4. Reason for the Annexation
Tice Creek 'channel has a long history of flooding and inundation. The
storm water runoff from additional development will tend to compound
the flooding problem. The detention basin which was constructed as
part of the Rossmoor/Del Valle Development 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 within the watershed area;
therefore, all developments within the Tice Creek watershed benefits to
a large degree by the existence of the detention basin. However, like
all man 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 for its annual maintenance. It is therefore the recammenda-
tion of the District staff that all subdivisions and other developments
that will increase the storm water flow to Tice Creek channel be
annexed to Drainage Area 67A and have a benefit assessment levied on
all the properties. 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 by the benefit assessment for Drainage Area 67A, and
the areas to be annexed to 67A, will be used only for the maintenance
of the detention basin, administration and related items. Maintenance
will include among other things, silt removal, bank repair,
landscaping, and other maintenance type activities, including
irrigation water, weed removal, etc.
6. Estimate of Maintenance Costs
The surface area of the detention basin to be maintained is approximat-
ely four acres in size. The estimated costs to maintain an acre of the
surface area of the basin is approximately $6,000.00. Therefore, it is
envisioned that the annual maintenance costs for the basin is approx-
imately $25,000.00. A breakdown of these costs are as follows:
A General Clean Up $ 31000.00
B Desilting 15,000.00
C Inspection & Storm Patrol 2,000.00
D Bank and Outlet Control/
Structure Repair 5,000.00
Estimated,Total Annual Maintenance Costs $25,000.00
7. Annual 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 number of parcels by
subdivision number 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 15 lots/parcels to be created will
generate 979.68 impervious area units. Each TAU is 1000 sq. ft. of
impervious area inside. When Drainage Area 67A was created the annual
maintenance costs to be levied upon the . Rossmoor development was
$10.67/IAU. The impervious area being added by the annexation would
increase the total impervious area within Drainage Area 67A such that
the annual IAU costs for maintenance would reduce down to approximately
$7.33. However, for administrative consistency it is recommended that
the annexed area vote to authorize the maximum assessment of $49.82 per
IAU that was approved in the original Drainage Area 67 election. The
average annual maintenance to be levied on each parcel is also shown in
Table A. The annual assessment varies from a low $34.24 for Parcel C
2
(6964 square feet) in Minor Subdivision 83-77 to a high of $2,044.72
for the parcel that contains the congregate housing unit. The average
annual maintenance costs of $25,000 is for the normal maintenance that
will occur within the basin area. very severe storms or other natural
catastrophe could require maintenance operations that are more costly
than the $25,000 would provide. To insure adequate funding of this
abnormal maintenance activities, it is recommended that a reserve fund
equal to the estimated average annual maintenance costs be held for
such contingencies. To accomplish this it is recommended that an
annual assessment of twice the estimated annual maintenance costs 6e
levied until such a time as a drainage reserve of twice the estimated
annual costs has been generated. It is also recommended that the
maximum annual assessment be set at 4.67 times the rate necessary to
generate the estimated average annual maintenance figure, and that the
maximum assessment be adjusted annually for inflation by using the
California Construction Cost Index published by the State Department of
Transportation.
8. Benefit Assessment Implementation
q .
The annexation to Drainage Area 67A provides a vehicle for the main-
tenance of the detention basin and associated drainage structures. The
annexation also provided that a levy be authorized by a vote of the
various properties involved in the annexation. It is recommended by
the staff that: 1) all new parcels be assessed in the fiscal year
following the filing of the parcel map; 2) all existing parcels of
land containing impervious service be assessed in the fiscal year
following the filing of the parcel map; 3) that the annual assessment
of twice the estimated average annual maintenance cost of $10.67 be
levied until such a time as a reserve fund of $25,000 has been
generated; 4) that a vote of the property owners involved in the
annexation be held to allow a maximum benefit assessment of $49.82 per
IAU to be levied.
9. Summation
The creation of Drainage Area 67A and Annexation #1 and future annexa-
tions to _the Drainage Area should provide adequate funding for the
detention basin as it currently exists or is expanded in the future.
These facilities are vital if the drainage problem with in the Tice
Creek Watershed is to be eliminated.
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DA67Aengrpt.t6
June 2, 1989
3
Y
.. ..
. TABLE ^A^ ... ..
Development Identification and Parcels to be Crestal
IAD Per Parcel. etC
Almaal Assessment
Impervious Number Average Arnual For arcual
Development Parcel Area of Maintenance Maintenance and to
Identification Parcel Size Created 3AU per cost Per Average Annual Generate Reserve Fund Maximm Annual
Number Designation in ft3 in ft2 Parcel 120 Benefit Assessment (approximately Five Years) Assent
See Mots (1) See tote (2)
MS 81-87 A 24,400 7,770 7.77 7.33 56.96 113.92 49.82/IAU
B 31,240 9,280 9.28 7.33 68.02 136.04 49.82/IAU
MS 83-87 A 8,786 5,110 5.11 7.33 37.46 74.92 49.82/IA0
B 7,482 4,850 4.85 7.33 35.56 71.12 49.82/LW
C 6,964 4,670 4.67 7.33 34.24 68.48 49.82/IAU
D 12,766 5,630 5.63 7.33 41.28 82.56 49.82/IA0
MS 14-88 A 105,415.20 10,690 10.69 7.33 78.36 156.72 49.82/IAU
B 22,117.27 7,770 7.77 7.33 56.96 113.92 49.82/IAU
C 56,628.00 10,690 10.69 7.33 78.36 156.72 49.82/IAU
NS 70-88 A 44,431.20 10,690 10.69 7.33 78.36 156.72 49.82/7AU
B 60,984.00 10,690 10.69 7.33 78.36 156.72 49.82/IAU
6815 Remainder
A. Independent Housing
(37 units at 4451.35 ft2
of impervious surface per
unit 1,179,604 164,700 164.70 7.33 1,207.26 2,214.52 48.82/IAU
B. Congregate Housing
300 units at 929.82 ft2
of impervious surface per
unit 278,946 278.95 7.33 2,044.72 4,089.44 49.82/IAU
Iot 4 Skilled Nursing and
Assisted Living
Facility 180,338.40 89,040 89.04 7.33 652.66 1,305.32 49.82/IAU
Lot 5 Rossmoor club
House 220,413.60 116,970 116.97 7.33 233.94 467.88 49.82/IA0
Portion Lot 6 restricted
Apartments (appy=. 50$)
260,924.00 129,180 129.18 7.33 946.88 1,893.78 49.82/1N1
Portion Lot 7 School
Parcel (app=. 20$) 174,240.00 113,000 113.00 7.33 828.30 1,656.60 49.82/IALl
Sub Totals 979,676 979.68 7.33 7,181.06
Areas of Formation 2,432,000 24.32 7.33 17,826.56
'totals 3,411,676 3,411.68 7.33 25,007.62
Notes:
1. The assessment shown in this column shall be levied only until a Reserve Fund equal to the estimated average maintenance cost ($25,000) has been
generated. From time to time, should the Reserve flmd fall below S25,000, this Anmual Assessment world again be levied until the Reserve Flail has
been restored.
2. The assessment listed in this column world only be levied to pay for repair of damages caused by severe storms or natural catastrophe or to repay
loans obtained to make such repairs, and that this Maxilnm Annual A«� be approved by a vote of the eligible voters within the areas being
annexed.
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EA:103
June 1, 1989