HomeMy WebLinkAboutRESOLUTIONS - 07222008 - 08-535 THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
AS THE GOVERNING BOARD OF DIRECTORS FOR THE
HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT
Adopted this Resolution on July 22, 2008 by the following vote:
AYES: AYES.: �. GIOIA- UILKEMA,
AND GLOVER
NOES: NOES:, NONE
-ABSENT: SUPERVISORS PIEPHO,
AND BONILLA
ABSENT: ;:ABSTAIN: NONE
........... _ --
ABSTAIN: '
RESOLUTION NO. 2008..6'
SUBJECT: ADOPT Resolution No. 2008 declaring the intention to order an assessment
for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), and fixing a hearing for
September 16, 2008 to consider the proposed assessment and any protests against
the assessment, El Sobrante area. (Hillcrest Heights GHAD Funds) (District I)
Project No.: 7756-6X5047.
(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 July 23, 1996, the Contra Costa County Board of Supervisors adopted Resolution No.
96/329, approving and ordering the formation of the.Hillcrest Heights Subdivision 7582
Geologic Hazard Abatement District("Hillcrest Heights GHAD") and appointing itself to act
as the Board of Directors of the GHAD ("GHAD Board"). This formation was described in
the petition dated May 8, 1996 and in the GHAD Plan of Control dated May 8, 1996.
Subsequently, the GHAD Board imposed assessments on the properties within the GHAD to
field the improvement,monitoring and maintenance of improvements described in the Plan
of Control.
B. On June 24, 2008, the GHAD Board accepted and reviewed the Petition for Annexation of
Territory to the Hillcrest Heights Geologic Hazard Abatement District ("GHAD Petition").
In connection with the proposed annexation, the GHAD Board also accepted the proposed
Hillcrest Heights GHAD Plan of Control for Spanish Trails.
C. On July 22, 2008, the GHAD.Board approved the annexation and adopted the Hillcrest
Heights GHAD Plan of Control for Spanish Trails. 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. Both approvals were conditioned upon
subsequent approval of.the proposed assessment for the Spanish Trails subdivision.
RESOLUTION NO. 2008/ 1
SUBJECT: ADOPT Resolution No. 2008/ declaring the intention to order an assessment
for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), and fixing a hearing for
September 16, 2008 to consider the proposed assessment and any protests against
the assessment, E1 Sobrante area. (Hillcrest Heights GHAD Funds) (District I)
Project No.: 7756-6X5047.
DATE: July 22, 2008
PAGE: 2
D. In order to pay for the cost and expenses of maintaining and operating the improvements for
the Hillcrest Heights GHAD, as described in the Hillcrest Heights GHAD Plan of Control for
Spanish Trails, pursuant to Public Resources Code sections 26500 et seq., it will be necessary
to provide for a reliable source of finding.
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 X11I(D) of the
California Constitution imposes additional requirements for the levy and collection of said
assessment.
F. An Engineer's Report (attached hereto as Exhibit 1) 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 explains the purpose of the GHAD and provides the
estimated budget, the total assessment that will be chargeable to the territory proposed to be
annexed into the GHAD, the 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 14ILLCREST HEIGHTS
GEOLOGIC HAZARD ABATEMENT DISTRICT RESOLVES AND ORDERS THAT:
1. The GHAD Board declares its intention, consistent with the requirements of Article X111(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 to be annexed to the GHAD as identified on the Boundary Map, that are specially
benefited by the GHAD.
2. The GHAD Board further declares its intention to assess against those parcels shown on the
Boundary Map (attached hereto as Exhibit 2) for the 08/09 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 pen-nit 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.
RESOLUTION NO. 2008/, 5� .
SUBJECT: ADOPT Resolution No. 200840eclaring the intention to order an assessment
for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), and fixing a hearing for
September 16, 2008 to consider the proposed assessment and any protests against
the assessment, El Sobrante area. (Hillcrest Heights GHAD Funds) (District I)
Project No.: 7756-6X5047..
DATE: July 22, 2008
PAGE: 3
4. Each of the parcels identified on the Boundary Map will receive a particular and distinct
special benefit in the form of GHAD improvements and services that are over and above the
general benefits received by the general public. Specifically, in order to control the geologic
hazards within the GHAD, the GHAD may, without limitation: (a) evaluate the perfonnance
of the natural, cut, and reconstructed slopes, the surface drainage and ditches to prevent
certain geologic hazards within lie 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 ill the
Hillcrest Heights GHAD Plan of Control for Spanish Trails on file with the Contra Costa
County Department of Public Works.
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 GHAD, 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 costs of the proportional
special benefit conferred on each parcel.
o
7. No later than three (3) days after the adoption of this Resolution, the GHAD Board directs
the Public Works Director to mail the "Notice of Adoption of Resolution" (attached hereto as
Exhibit 3) to each owner of real property (as shown on the last equalized property tax roll of.
the County) to be annexed to,the GHAD as shown on the Boundary Map. The sealable
Ballot (attached hereto 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 September 16, 2008 at 9:30 a.m., in the
Board of Supervisor's 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 owners of the property to be annexed to the GHAD. The Ballot may
be completed and mailed or hand delivered to the Public Works Department, Attn: Warren
Lai, 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
- ........ -- - -
RESOLUTION NO. 2008 35;
SUBJECT: ADOPT Resolution No. 2008 claring the intention to order an assessment
for the annexed territory of the Spanish Trails subdivision to the Hillcrest Heights
Geologic Hazard Abatement District ("GHAD"), and fixing a hearing for
September 16, 2008 to consider the proposed assessment and any protests against
the assessment, El Sobrante area. (Hillcrest Heights GHAD Funds) (District I)
Project No.: 7756-6X5047.
DATE: July 22, 2008
PAGE: .4
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 the 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.
I hereby 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.
ATTESTED: o� 0�0
JOHN C N, erk of the Soard
of Superv' r County Administrator
6y Deputy
R 'SOL UTION NO. 2008/UCK—