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HomeMy WebLinkAboutRESOLUTIONS - 01012005 - 2005-591 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ACTING AS THE BOARD OF DIRECTORS FOR THE WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on September 20, 2005 by the following vote: AYES: `r�i` i D rD� - 61" �" 8-Injo�u.- n t NOES: JQ ABSENT: ABSTAIN: RESOLUTION NO, 2005/ i5` l SUBJECT: ADOPT Resolution No. 200501 declaring the intention to order an assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District and fixing a hearing for November 15, 2005 to consider the proposed assessment and any protests against the assessment, Danville area. (District III) Project No. 0651-6L072R (Pursuant to Article XIII(D) of the California Constitution, Public Resources Code section 26650 et seq., Government Code section 53750 et seq., and Elections Code section 4000) RECITALS: A. On February 12, 2002, the Contra Costa County Board of Supervisors adopted Resolution No. 2002/59, approving and ordering the formation of the Wendt Ranch Geologic Hazard Abatement District (GRAD) and appointing itself to act as the Board of Directors of the GHAD (GHAD Board). This formation was described in the petition dated February 12, 2002 and in the GHAD Plan of Control dated February 20, 2001. Subsequently, the GHAD Board imposed assessments on the properties within the GRAD to fund the improvement,monitoring and maintenance of improvements described in the Plan of Control. B. On June 21, 2005, the GHAD Board was presented with the Petition for Annexation of Territory to the Wendt Ranch GHAD ("GHAD Petition"). In connection with the proposed annexation, the GHAD Board was also presented with Revision 1 to the Wendt Ranch GHAD Plan of Control. C. On July 19, 2005, the GHAD Board approved the annexation and adopted Revision 1 to the Wendt Ranch GHAD Plan of Control, which supersedes the original Plan of Control, replacing it in its entirety. On that same day, subsequent to the GHAD Board's approval, the Board of Supervisors approved the annexation in accordance with Public Resources Code section 26581. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Wendt Ranch GHAD Board on the date sho LC:sr G:\GrpData\SpDist\Board Orders\2005-Board Orders\Wendt Ranch GRAD\ 0111) 09-20-05 BO Intent to Impose Agree.DOC ATTESTED: 461W294 Orig.Dept.:Public Works(Special Districts) JOHN SWE N, D Clerk and County Administrator Contact: Lisa Carnahan(313-2191) cc: County Administrator County Counsel B /;*7 T.Rie,Eng.Svc. y puty GHAD File C000 RESOLUTION NO.2005/ -9 SUBJECT: ADOPT Resolution No. 200515W declaring the intention to order an assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District and fixing a hearing for November 15, 2005 to consider the proposed assessment and any protests against the assessment, Danville area. (District III) Project No. 0651-6L072R DATE: September 20, 2005 PAGE: 2 D. In order to pay for the cost and expenses of maintaining and operating the improvements for the Wendt Ranch GHAD as described in Revision 1 to the Wendt Ranch GHAD Plan of Control, pursuant to Public Resources Code sections 26500 et seq., it will be necessary to provide for a reliable source of funding. E. Public Resources Code sections 26650 et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited property within the GHAD to pay for the maintenance and operation of GHAD improvements. Article XIII(D) of the California Constitution imposes additional requirements for the levy and collection of said assessment. F. An Engineer's Report has been prepared by a registered professional engineer, certified in the State of California, in compliance with Public Resources Code section 26651(a) and section 4(b) of Article XIII(D) of the California Constitution. The Engineer's Report (attached as Exhibit 1), sets forth the purpose of the GHAD, the estimated budget, the total assessment that will be chargeable to the territory proposed to be annexed into the GHAD, the proposed estimated assessment to be levied against each parcel within such territory, and a description of the method used in formulating the estimated assessments. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ACTING AS THE BOARD OF DIRECTORS FOR THE WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLVES AND ORDERS THAT: 1. The GHAD Board declares its intention, consistent with the requirements of Article XIII(D) of the California Constitution, Public Resources Code section 26650 et seq., Government Code section 53750 et seq. and Elections Code section 4000, to order that the cost and expenses of maintaining and operating any GHAD improvements acquired or constructed pursuant to Public Resources Code sections 26500 et seq. shall be assessed against those parcels annexed to the GHAD on July 19, 2005 as identified on the Boundary Map,which are specially benefited by the GHAD. 2. The GHAD Board further declares its intention to assess against those parcels shown on the Boundary Map for the 2005 fiscal year and for subsequent years, all or part of the amounts set forth in the Engineer's Report commencing the first fiscal year following issuance of a building permit for that parcel. 3. Notwithstanding Paragraph 2 above, the GHAD Board shall not order this assessment if a majority protest exists as defined in Section 4(e) of Article XIII(D) of the California Constitution. 4. Each of the parcels identified on the Boundary Map will receive a particular and distinct special benefit in the form of GHAD facilities and services that are over and above the general benefits received by the general public. Specifically, in order to control geologic hazards within the GHAD, the GHAD may, without limitation: (a) evaluate the performance of the natural, cut and reconstructed slopes, the surface drainage and ditches to prevent certain geologic hazards within the GHAD; (b) perform certain temporary and permanent mitigation, repairs and improvement measures to prevent, mitigate, abate and control geologic hazards within the GHAD; (c) maintain debris benches, drainage systems and instruments such as piezometers, settlement monitors and inclinometers; (d) maintain detention ponds; and (e) establish a reserve to fund, prevent, mitigate, abate or control geologic hazards within the GHAD. These special benefits are described in detail in the Revised Plan of Control on file with the Contra Costa County Department of Public Works. SUBJECT: ADOPT Resolution No. 2005/-f?/declaring the intention to order an assessment for the annexed territory of Alamo Creek, Subdivisions 8381, 8382, and Intervening Properties, Subdivision 8331 to the Wendt Ranch Geologic Hazard Abatement District and fixing a hearing for November 15, 2005 to consider the proposed assessment and any protests against the assessment, Danville area. (District III) Project No. 0651-6L072R DATE: September 20, 2005 PAGE: 3 5. Hereafter, whenever the parcels identified on the Boundary Map are re-subdivided and a final map is approved and filed for recording with the County Recorder, each newly created residential lot will be assessed in the manner provided in the Engineer's Report. 6. The GHAD Board has reviewed and considered the Engineer's Report. The special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the GRAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel. 7. No later than three (3) days after adoption of this Resolution, the GHAD Board directs the Public Works Director to mail the "Notice of Adoption of Resolution" (attached as Exhibit 3) to each owner of real property (as shown on the last equalized roll of the County) that was annexed to the GHAD on July 19, 2005, as shown on the Boundary Map. The sealable Ballot (attached as Exhibit 4) and the Engineer's Report shall be attached to the Notice of Adoption of Resolution. 8. The GHAD Board will conduct the public hearing on November 15, 2005 at 9:30 a.m., in the Board of Supervisors' Chambers, 651 Pine Street, Room 107, Martinez, California. The following paragraph provides the procedures for returning and tabulating the ballots. A copy of this Notice of Adoption of Resolution, a sealable ballot and the Engineer's Report has been sent to each of the property owners that were annexed to the GHAD on July 19, 2005. The ballot may be completed and mailed or hand delivered to Public Works Department, Attn: Lisa Carnahan, 255 Glacier Drive, Martinez, California 94553, or may be submitted at the public hearing. The ballot may be withdrawn or changed at any time prior to the conclusion of the public testimony on the proposed assessment at the public hearing. Immediately before the Hearing, the Public Works Department shall tabulate the ballots. At the Hearing, the GHAD Board shall consider any objections or protests to the assessment and certify the tabulation of the ballots. The GHAD Board shall not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. 9. Following the public hearing, the GHAD Board shall consider the adoption of the canvas of votes for the GHAD. 10. Upon authorization of the assessment, the GHAD Board shall levy the authorized assessment on each parcel the first fiscal year following issuance of a building permit for each parcel. 11. This Resolution shall become effective immediately upon its passage and adoption. EXHIBIT 1 Engineer's Report ti GEOTECHMCAL 1=t4GE0 ENVIRONMENTAL WATER RESOURCES N C O R P O R A T E D CONSTRUCTION SERVICES ENGINEER'S REPORT for THE WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT ALLOWING FOR ANNEXATION ALAMO CREEK AND INTERVENING PROPERTIES DEVELOPMENTS CONTRA COSTA COUNTY, CALIFORNIA MAY 10, 2005 LATEST REVISION SEPTEMBER 1, 2005 2010 Crow Canyon Place•Suite 250•San Ramon,CA 94583-4634•(925)866-9000•Fax(925)866-0199 www.engeo.com s EAGEO INCORPORATED TABLE OF CONTENTS Pale CERTIFICATIONOF FILING.......................................................................................................1 I. INTRODUCTION...............................................................................................................3 II. BACKGROUND .................................................................................................................3 III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES................................3 IV. SERVICE LEVELS.............................................................................................................4 V. DESCRIPTION OF THE GRAD IMPROVEMENTS........................................................5 VI. ASSESSMENT METHOD..................................................................................................5 VII. ASSESSMENT LIMIT - BUDGET....................................................................................6 FIGURE 1 —GHAD BOUNDARY EXHIBIT A—WENDT RANCH GRAD BUDGET 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 EAGEO INCORPORATED ENGINEER'S REPORT GEOLOGIC HAZARD ABATEMENT DISTRICT-WENDT RANCH (Pursuant to the Public Resources Code of the State of California, Section 26500 et seq.) CERTIFICATION OF FILING This report is presented at the direction of the GRAD Board of Directors. The GHAD is intended to provide geologic hazard improvements within the Alamo Creek, Intervening Properties and Wendt Ranch developments and to levy and collect assessments sufficient to pay for those improvements. The improvements which are the subject of this report are defined as any activity necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, construction, maintenance, repair, or operation of any improvement; or the issuance and servicing of bonds issued to finance any of the foregoing (Section 26505) This report consists of seven parts, as follows: I. INTRODUCTION II. BACKGROUND III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM IV. SERVICE LEVELS V. DESCRIPTION OF GHAD IMPROVEMENTS VI. ASSESSMENT METHOD VII. ASSESSMENT LIMIT-BUDGET PROJECTION 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 1 EAGEO INCORPORATED The undersigned respectfully submits the enclosed Engineer's Report. Date: By: ENGEO Incorporated GE 61 I HEREBY CERTIFY that the enclosed Engineer's Report was filed on the day of Clerk of the Board Wendt Ranch Geologic Hazard Abatement District Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer's Report was approved and confirmed by the GRAD Board on the day of President of the Board Wendt Ranch Geologic Hazard Abatement District Contra Costa County, California APPROVED 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 2 EAIGEO INCORPORATED ENGINEER'S REPORT for THE WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT ALLOWING FOR ANNEXATION OF THE ALAMO CREEK AND INTERVENING PROPERTIES DEVELOPMENTS for the ESTABLISHMENT OF AN ASSESSMENT LIMIT I. INTRODUCTION The Wendt Ranch Geologic Hazard Abatement District (GHAD) was formed under the authority of the California Public Resources Code, Division- 17, Section 26500 et seq. Annexation of the Alamo Creek and Intervening Properties developments into the existing Wendt Ranch Geologic Hazard Abatement District was completed under the provisions of Section 26581. II. BACKGROUND The Contra Costa County Board of Supervisors Council formed the Wendt Ranch Geologic Hazard Abatement District ("GHAD" or "District") on February 12, 2002 (Resolution 2002/59). Annexation of areas within the Alamo Creek and Intervening Properties developments as described in Revision 1 to the Wendt Ranch Plan of Control DATED May 10, 2005 (Revised May 24, 2005) and the establishment of an assessment level to fund the GHAD responsibilities are described in this Engineer's Report. III. GEOLOGIC HAZARD ABATEMENT DISTRICT BOUNDARIES The boundaries for the GHAD are shown in the diagram attached hereto as Figure 1. The Assessor's Parcel Numbers within the plotted area include 206-020-088, 206-020-089, 206-020- 090, 206-190-0019 206-190-0029 206-190-005, 206-190-006, 206-220-002, 206-220-003, 206- 220-004, 206-030-023, 206-030-025, 206-030-026, 206-030-027, 206-030-028, 206-030-033, 206-030-040 and 206-030-041. 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 3 EAGEO INCORPORATED IV. SERVICE LEVELS The CHAD provides for activity that is necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including construction, maintenance, repair, or operation of any improvement; and the issuance and servicing of bonds issued to finance any of the foregoing. The GRAD provides for the administration and review of facilities within the budgeted limits, including the following services: 1. Oversight of CHAD activities. 2. In conjunction with the County Assessor's Office, setting the annual levying of assessments on the property tax rolls. 3. Engagement of technical professionals to perform the monitoring duties as described in the GRAD Plan of Control. 4. Performance of GRAD maintenance activities in accordance with the GRAD Plan of Control. These maintenance activities include: • Wendt Detention Basin • Water Quality-Detention Basin "A" • Maintenance roads associated with the detention basin • Bioretention Basins "A", "B" and"C" • Concrete-lined drainage ditches in open space area • Debris benches • Subdrains • Storm drain inlets, outfalls and pipelines within the open space area • Restored and unaltered creek channels including grade control structures • Open space maintenance including trails • Settlement Instruments • Retaining Walls • Slopes 5. Slope Reconstruction 6. Preparation of annual GHAD budgets. 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 4 EAGEO INCORPORATED V. DESCRIPTION OF THE GRAD IMPROVEMENTS The GRAD Improvements are described in Revision 1 to the Wendt Ranch Plan of Control dated May 10, 2005 and revised May 24, 2005. In general, improvements include water quality facilities; debris benches; drainage systems, including concrete v-ditches in open space and on the hillsides; open-space storm drain inlets and outlets; subdrains in open space and creek corridors; creek channels and reconstructed slopes. VI. ASSESSMENT METHOD The improvements described in Section V are distributed within the GHAD boundaries. Maintenance and protection of these improvements provide a special benefit to all property owners within the GRAD. The District Engineer hereby finds that the properties within the District receive approximately equal special benefit from the work and improvements within the CHAD. As a result, the GRAD assessment is distributed among all property owners within the GRAD. Single-family residences (attached and detached) will be assessed as one unit. Multi-family attached units consisting of senior units and apartments will be assessed at 25 percent of the rate of single family residences. Non-residential habitable buildings are assessed per square foot of area. The sports fields will be assessed as a unit cost per field. The total number of residential units, non-residential area and other assessed areas within the District is then divided into the annual District budget to develop the annual assessment amount. A financial analysis was performed to provide a framework for an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the GRAD boundaries. In preparation of the budget, several factors were considered including: • Site Geology • Proposed Remedial Grading • Proximity of Geologic Hazards to Proposed Residences • Site Access Considerations 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 5 EAIGEO INCORPORATED • Elements Requiring Routine Maintenance Including 1. Surface Drainage Facilities 2. Graded Slopes 3. Detention Basins 4. Bioretention and other Water Quality Facilities 5. Trails,Fire Breaks and Fences VII. ASSESSMENT LIMIT-BUDGET Based on the estimated expenses for on-going operations, and allowing for larger (approximately $750,000) geologic events at 10-year intervals, a budget was prepared for the purpose of estimating initial assessment levels (Exhibit A). In order to establish a reasonable reserve in the early years following formation of the GHAD, there will be an initial deferral of GHAD expenses as described in Revision 1 to the Plan of Control. The District Engineer recommends an annual assessment limit, for the Alamo Creek and Intervening Properties developments, that matches the $422 per residential unit (Fiscal Year 2004/2005 dollars) that was set as an assessment level for the existing Wendt Ranch development portion of the GHAD. The proposed maximum assessment level of $422 will be adjusted annually to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers as of June 2005 (201.20). In 2002, the assessment limit was set at $400 for the Wendt Ranch development. The difference between the original assessment figure of$400 and the $422 figure represents the inflation adjustment since 2002. The District Engineer also recommends an annual assessment limit of $0.10 per square foot of habitable nonresidential space. The residential and nonresidential assessments are to be levied in conjunction with the issuance of building permits. The actual levy for Alamo Creek and Intervening Properties may be set to $300 per single family unit and the levy for Wendt ranch may be reduced to match this amount. The sports fields will be assessed annually the amount of$400 (2005 dollars). The levying of the assessment will be as provided as described in the Revision 1 to the Plan of Control. The sports field assessment limits will also adjust annually based on the San Francisco-Oakland-San Jose Consumer Price Index for All Urban Consumers as of June 2005 (201.20). 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 6 EAGEO INCORPORATED EXHIBIT A Wendt Ranch GHAD Budget 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 EAGEO INCORPORATED EXHIBIT A Wendt Ranch Geologic Hazard Abatement District Budget— May 10, 2005 ASSUMPTIONS Total No. of Units (nominal) 19362 Annual Assessment per Unit (current$) $300 Sport Fields (Assessed per field) 2 Annual Assessment for sports fields (current$) $400 Approximate Total Habitable Non-Residential Building Area (square feet) 60,000 Annual Assessment per nonresidential (square feet) $0.10 Annual Adjustment in Assessment (estimated) 3.0% Inflation (estimated) 3.0% Investment Earnings (estimated) 6.0% Developer Seed Fund (current$) $50,000 Frequency of Large-Scale Repair(years) 10 Cost of Large-Scale Repair (current$) $750,000 ESTIMATED ANNUAL EXPENSES IN 2005 DOLLARS Creek Banks&Kawar Spillway $209000 Detention Basin Maintenance $30,000 Erosion Repairs $109000 Geotechnical Instrument Monitoring $5,000 Geotechnical Site Monitoring Program $25,000 Major Repair(Annualized) $75,000 Revegetation $5,000 Sediment Removal - Concrete Structures $10,000 Bioretention &other Water Quality Facilities $209000 Stabilization (including slopes &retaining walls adjacent to school) $259000 Subdrain Outfall Maintenance $59000 Technical Consultants $25,000 Trail, Fire Break& Fence Maintenance $10,000 Administration, Accounting & Open Space Management $50,000 Miscellaneous & Contingency(10%) $31,500 TOTAL 4063.1.050.01 May 10, 2005 Latest Revision September 1, 2005 EXHIBIT 2 Boundary Map c� cn - �! Z •N ♦• sA f f 1I` uj r,4Ch r� (0. s Lj r'w CP Or •01 In _ OTC%, 4r,"0 ca C Z Lti io to to co� to Z 2,0 g� �� ga 0� (3fiir.8�3N ltd ��'� 9036 {g' ,rr y via 40 * `'' �,a+• x a L 'fid z +� os a '`o• .0 IL;: r .. ev M in 02 '�' •- d1 �''" f 'gyp7i to . +� N co co el s r•- � [,1 tn t" a- 0 to aI t o C iii t�j 'd , �} �IF4 4w Waft � _ z N 04 WOO& ' • ' ZtH C► Z o� COtoA o"to 14 Rn CDga- •fit' N°b. Z CP ` a co Ar o,� � 61 Vat I M B Ale o (ntoo Z gJ► 1 i `g 8� +.r w..►r w r.r.r...w w . . ...+ f""t i M„9 t,Z4.94Ncr / ri .its 0 �.� m cq c# cr Q t7 EXHIBIT 4 Ballot Identification of Parcel: Record Owner: Yes, I approve the proposed maximum annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. No, I do not approve the proposed maximum annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. Signature of Record Owner or Authorized Representative of the above-identified parcel(s) Mail or deliver sealed Ballot to: Contra Costa County Public Works Department Attn: Lisa Carnahan 255 Glacier Drive Martinez, CA 94553 EXHIBIT 3 NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT On February 12,2002,the Contra Costa County Board of Supervisors adopted Resolution No. 2002/59,approving and ordering the formation of the Wendt Ranch Geologic Hazard Abatement District ("GHAD") and appointing itself to act as the Board of Directors("GHAD Board"). This formation was described in the petition dated February 12, 2002 and in the GHAD Plan of Control dated February 20, 2001. On July 19, 2005, the GHAD Board approved the annexation of the Alamo Creek and Intervening Properties projects and adopted Revision 1 to the Wendt Ranch GHAD Plan of Control. These actions were taken in accordance with Public Resources Code sections 26500 et seq. for the purpose of the prevention,mitigation,abatement and control of certain geologic hazards. NOTICE IS HEREBY GIVEN that: On September 20, 2005, the GHAD Board adopted Resolution No.2ooslml declaring its intention to impose an assessment on the annexed property and fixing a public hearing to consider adoption of this assessment to finance the GRAD. The total yearly estimated budget as set forth in the attached Engineer's report is $346,500. If the assessment is adopted, it is anticipated that each parcel you own will be assessed a maximum of $422 per year, plus an annual adjustment to reflect the percentage change in the San Francisco-Oakland-San Jose Consumers Price Index for All Urban Consumers as of June 2005 (201.20). The assessment for a parcel will be levied beginning the first fiscal year after issuance of the building permit for that parcel. The assessment will continue to be levied in perpetuity. The attached Engineer's Report for the GHAD was prepared by a registered engineer certified in the State of California, and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Engineer's Report specifically sets forth the yearly estimated budget,the total assessment that will be chargeable to the entire GHAD,the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessment. A copy of the Engineer's Report is also available for inspection at the office of the Department of Public Works, 255 Glacier Drive, Martinez, California 94553. The GHAD Board will conduct a public hearing on November 15, 2005 at 9:30 a.m. Room 107 of the Board of Supervisors' Chambers, 651 Pine Street,Martinez, California, on the proposed assessment. The following paragraph provides the procedures for returning and tabulating the ballots. A copy of this Notice of Adoption of Resolution, a sealable ballot and the Engineer's Report has been sent to each of the property owners that were annexed to the GHAD on July 19, 2005. The ballot may be completed and mailed or hand delivered to Public Works Department, Attn: Lisa Carnahan, 255 Glacier Drive, Martinez, California 94553, or may be submitted at the public hearing. The ballot may be withdrawn or changed at any time prior to the conclusion of the public testimony on the proposed assessment at the public hearing. Immediately before the Hearing, the Public Works Department shall tabulate the ballots. At the Hearing, the GHAD Board shall consider any objections or protests to the assessment and certify the tabulation of the ballots. The GHAD Board shall not impose the assessment if there is a majority protest. A majority protest exists if, upon conclusion of the Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. Inquiries regarding the proposed assessment may be made by mail, Attention Lisa Carnahan at Contra Costa County Department of Public Works,255 Glacier Drive,Martinez,CA 94553 or by phone at(925) 313-2191.