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Home My WebLink AboutRESOLUTIONS - 05152001 - 2001-193 9 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 GIOIA, 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 in Exhibit A attached hereto are required to annex their parcels for the purpose of funding the maintenance and operation costs of the drainage and flood control service provided to the parcels. G:\GrpData\FldCtl\CurDev\CITIES\Oakley\ Sub 7797\130 Reso-Fix Ilearing.doc Orig.Dept:Public Works(FC) cc: County Administrator Community Development Building Inspection County Counsel County Assessor County Treasurer-Tax Collector County Auditor-Controller Chief 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, ill the form attached as Exhibit B, pursuant to Sections 3.3 and 12.7 of the Act (West's Wat. Code App., §§ 63- 3.3 and 63-12.7), once a week for two (2) consecutive weeks prior to the hearing, with at least five (5) days intervening between the respective publication dates not counting such publication dates, in the Contra Costa Times, a newspaper of general circulation published in the drainage area. Publication shall be completed at least seven(7) days prior to the date of the public hearing. The Board FURTHER DIRECTS that, immediately before the hearing, the Chief Engineer shall tabulate the ballots. 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: 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. 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 5 2001 JO SWEE N, miler of the Board YJ rvisgrs a ou Administrator By Deputy RESOLUTION NO: 2001/193 APRIL, 2001 ,JOB NO. 200070 - 10 LEGAL. I EXHIBIT OAD LEGAL DESCRIPTION ANNEXATION TO DRAINAGE AREA 520 SUBDIVISION 7'(97 - DELTA. POINT' ALL THAT RI:],AL PROPERTY SITUATE IN rTHE CITY OF' OAKLEY, COUNTY OF CONTRA COSTA; STATE OF' CALIFORNIA, DESCRIBED AS FOLLOWS: AL,I, THAI, PORTION OF' THE NORTH ONE HALF OF THE SOUTHWEST ONE QUARTER OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 3 EAST, MOUNT DIABLO MERIDIAN, DESCRIBED AS FOLLOWS.- BEGINNING Al' A. I?OINT ON THE NORTHEASTERN LINE OF MARSH CREEI< AS DESCRIBED IN THAT CERTAIN DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY IN BOOK 4738 OF' OFFICIAL RECORDS AT PAGE 474 AT THE MOST WESTERN CORNER OF PARCEL ORD AS SAID PARCEL IS SHOWN AND SO DESIGNATED ON TIIE MAP OF SUBDIVISION 5946 FILED FOR RECORD IN SAID OFFICE OF THE COUNTY RECORDER IN BOOK 307 OF MAPS AT PAGE 49; THENCE, FROM SAID POINT OF BEGINNING, NORTIIWESTERLY ALONG SAID NORTHEASTERN LINE OF MARSH CREEK NORTH 240420 51 " WEST 30 .51 FEET; THENCE, SOUTH 65017'09" WEST 2. 00 I-`EET, THENCE, NORTH: 2/1-°42051 " WEST 122/1-. 15 FEET; THENCE, NORTH 65017 '09" EAST 7 .00 FEET; TIIENCE, NORTHWESTERLY ALONG THE ARC OF' A NON-TANGENT 564.00 FOOT RADIUS CURVE `I'0 THE LEFT. THE CENTER OF WHICII BEARS SOUTH 65017'09" WEST, 'THROUGH A CENTRAL ANGLE OF 05055 '06 " AN ARC DISTANCE OF 58 . 26 FEET- THENCE, TANGENT TO TId::E: LAST NAMED CURVE NORTH 30037'57" WEST 45. 00 TWEET; 'T'HENCE, NORTH 59°22'03 '; EAST 16.00 FEET'; 'THENCE, NORTIT 30037'57" WES'_F 33.32 F,I�ET; THENCE NORTH 1°35 '21 " WES'1' 7 . 90 FEE-:71). rl'HENCE, NORTH 59°22'03" E AS'1' 15 -79 FEI=T; '_FHENCE , NORTH 30`37'571 9.96 F EE'T: TI-IENCE , SOU'1-'H 89°25'36" EAST 204.02 F'F:ET 7'0 A I.DOINT ON THE SOUTHWESTERN LINE OF THE A`I'CHISON 'TOPEKA AND SANTA FE RAILROAD RIGHT OF' WAY AS SAID RIGHT OF WAY IS DESCRIBED IN TITArI, CERTAIN DEED RECORDED IN SAID OFFICE OF THE COUN'T'Y RECORDER IN 1300K 79 OF DEEDS AT PAGE; 467; THENCE , SO UTHEAS'FERLY ALONG THE SAID SOUTHWESTERN LINE SOUTH 49°55 '55 " EAST 2025.54 FEET TO A POINT ON THE NORTHERN LINE OF SUBDIVISION 6819 AS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SAID SUBDIVISION 6819 FILED FOR RECORD IN SAID OFFICE OF THE COUNTY RECORDER IN BOOK 308 OF MAPS AT PAGE 1 ; TIIENCE, WESTERLY ALONG SAID NORTHERN LINE OF SUBDIVISION 6819; BEING ALSO 'THE NOR'T'HERN LINE OF THE HEREINABOVE NAMED SUBDIVISION 5946 (307 M 49) , NORTH 89°24'07" WEST 1. 189.71 FEET '1,0 THE POINT OF BEGINNING CONTAINING 21 . 085 ACRES OF LAND MORE OR LESS. END OF' DESCRIP`T'ION PREPARED BY: :Cr : Flo. L6951 Exp. :`DIARY G 6A ;F HOULIIIAN L. S. 6951 "�. cAi.�� •� EXPIRES: 09/30/01. o 2 cP� ti �y DETAIL "A" CYPRESS ROAD tis NO SCALE N8925'WW `rte 204.02' o o�'a N892536 W 204.02' � �rn / PAR A PAR B oo_ N5922'03"E 15.79' 11 PM 38 00- D=05:5,5106n , y R-564.00 L=58.26 'A i Z PAR D 'Lrr9, 21 PM 15 v y o AREA = 21.085 AC w SEE DET A° \ N89241077W 1189.71' \ n n I DETAIL B OB SUBDIVISION 6819 If fit (-� 308 M 1 D L, Nb s NO SCALE o`;��,Q` °cE,y�� r,p cl PAR R 2 SUBD. 5946 WIfo. L6951 307 M 49 =Q ;�. Z::7 a` 51 e 51'VI n� 51ARY GR CE H UHAN LS 6951 EXP. 09,130101 Prepared By PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ANNEXA TION TO DRA INA GE AREA 520 x�.Afiwdatw SUMVISION 7797 - DEL TA POINTE MILAINI CITY OF OAKLEY - CONTRA COSTA COUNTY - CALIFORNIA 3480 Buskirk Avenue Suite 225 MAY, 2001 SCALE- I" = 300' Pleasant Hill CA 94523 SHEET 1 OF 1 SHEET EXHIBIT "B" LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC HEARING The Board of Supervisors, as the governing body of the Contra Costa County Flood Control and 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 the area being annexed under the provisions of the Contra Costa County Flood Control and Water Conservation District Act and the Benefit Assessment Act of 1982, respectively. . The above-described hearing concerns the annexation to Drainage Area 520 of Subdivision 7797 located in the Oakley Area. Precise descriptions are contained in the boundary descriptions. The boundary maps, boundary descriptions of the areas, and engineer's report have been prepared for the proposed annexation. These documents have been filed with the Clerk of the Board of Supervisors and are available for inspection at the Public Works Department Office, 255 Glacier Drive, Martinez, CA 94553. At the public hearing, the Board will hear all persons interested in or affected by the proposed change in the drainage area boundaries, will hear all relevant evidence for and against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. All persons interested in or affected by the proposed change in the drainage area boundaries may appear at the hearing and show cause why the change should not be made. At the hearing, the Board shall hear all relevant evidence for and against the petition. It is the Board's intention to levy annual benefit assessments upon the parcels proposed to be annexed. G:\GrpData\P1dCt1\CurDev\DA Annexations\Legal Noticc 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 GAGrpDataTldCtl\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 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, 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 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 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. 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$35.61/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. 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 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 f. 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\FldCtl\CurDev\CITIES\Oakley\Sub 7797\Annex2DA520-Sub7797.doc 4 S[A .1� Z7.: LEGAL PUBLICATION REQUISTION Contra Costa County From: Clerk of the Board To Contra Costa Times 651 Pine St., Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek, CA 94596 Requested by: Patty Molloy Date: May 18, 2001 — Phone No: 335-1907 Reference No: 528 Org: 1100 Sub Object: 2190 Task: sAs . Activity-W-0.8240 Publication Date (s): May 24 and 31. 2001 — No. of Pages: 2 LEGAL PUBLICATION- Adopt Resolution 2001/193 fixing July 10, 2001 at 9:00 a.m. for a hearing to consider Annexation #2 to Flood Control District Drainage Area .520 and adoption of annual benefit assessment, Subdivision 7797, Oakley area. item C.1I. 5/1.5L1 P — ••••Immediately upon expiration of publication,**** send in one affidavit for each publication is order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. EXHIBIT "B" LEGAL NOTICE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT NOTICE OF PUBLIC IIEARING 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 the area being annexed under the provisions of the Contra Costa County Flood Control and Water Conservation District Act and the Benefit Assessment Act of 1982, respectively. The above-described hearing concerns the annexation to Drainage Area 520 of Subdivision 7797 located in the Oakley Area. Precise descriptions are contained in the boundary descriptions. The boundary maps, boundary descriptions of the areas, and engineer's report have been prepared for the proposed annexation. These documents have been filed with the Clerk of the Board of Supervisors and are available for inspection at the Public Works Department Office, 255 Glacier Drive, Martinez, CA 94553. At the public hearing, the Board will hear all persons interested in or affected by the proposed change in the drainage area boundaries, will hear all relevant evidence for and against the petition, and will hear and consider all protests against the proposed benefit assessments. At the conclusion of the hearing, the Board may annex all or part of the parcels proposed to be annexed, and may adopt, revise, change, reduce or modify the proposed benefit assessments. All persons interested in or affected by the proposed change in the drainage area boundaries may appear at the hearing and show cause why the change should not be made. At the hearing, the Board shall hear all relevant evidence for and against the petition. It is the Board's intention to levy annual benefit assessments upon the parcels proposed to be annexed. �Grata\ Ctl\Cur ,DA Ann , �,galNoti Mst.-Exhibit B doc