HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-072 THE BOARD OF SUPERVISORS of CONTRA COSTA COUNTY, CALIFORNIA
Adopted this R esolution on Februar ----11 1997 by the following Grote.
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AYES: Supervisors cors o ers T, lkema, Gerber, Canciamilla and De au,lnier
NOES: None
ABSENT: None
ABSTAIN: Norae
RESOLUTION No. 97/J2.
SUBJECT: Resolution of Intent to Order an Assessment for Hillcrest. Heights Geologic
H , rd Abatement District Subdivision 7582, and Setting a Public Hearing t
Consider All Protests Against Said Assessment.
The Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District
Subdivision RESOLVES THAT:
1, On July 23, 1996, the Board of Supervisors of Contra Costa County adopted
Resolution leo. 96/329,, approving the formation of a geologic hazard batement
district 'Gfor the Hillcrest Heights area and apoihtin itself to act as
the Board of Directors of the GHAD.
2. In order to defray the costs and expenses of maintaining and operating the GHAD
improvements, it will be :necessary to provide for a reliable source of GHAD
finding,
3. Public resources Code sections o et seq. authorize, after a noticed hearing,
the le and collection or an assessment upon benefitted property within the GHQ
A.
topay .for maintenance and operation of GHAD i�r provene .ts. Article XIII D o
the California Constitution imposes additional requirements for the levy and
collection of such an assessment.
4. Thero er within the GHAD is identified in the map attached .s Exhibit A.
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5.
The assessment report/ ngffieer's report (the ".Assessment Report") attached as
Exhibit B was prepared by the District Geologist/Manager and by a registered
professional engineer certified in the State of California of the GHAD. The
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Assessment Report sets forth the estimated budget for the 1997-98 fiscal year, the
total assessment that will be chargeable to the entire GHAD in the fiscal yearr 1.997-
98, and in subsequent fiscal years, the proposed:sed estimated assessment to be levied
against each parcel of property within the GHATS i,the fiscal year 17-9and
subsequent fiscal years, and a description of the method used in formulating the
estun .te . assessments.
Wherefore, the hoard of Supervisors of Contra Costa FINDS, CERTIFIES N ORDERS
THAT*-
I. The Board hereby declares, its intention, consistent with the requirements of
Article XHI D of the California Constitution, to order that the cast and expenses
of mainta*Ming and operating the GHAD improvements shall be assessed against
the property within the SHAD.
2. The Board further declares its intention to assess against the property within the
GHAD, for the 1997-1998 98 fiscal year and for subsequent fiscal`years all or a part
of the amounts set forth in the Assessment Report.
3. Notwithstanding paragraph rr ediately above, the Board shall not order this
assessment if a ma or ty Drotest exists as defined in Section 4, Article XHI D of the
California Constitution.
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RESOLUTION No. 97172
. Each f thej parcels de tlf a *in .� Exhibit will receive . we al ++c.
above that received by the general public in the form of GHAD facilities and
services CGHAD Facilities and Ser ee "" , Specifically the CHAD will a
maintain extensive surface and subsurface drainage facilities to prevent geologic
hazards within the GHAT, and (b) establisha reserve to fungi., mitigate, abate or
control minor landslides, erosion and tabor geoloeic hazards within the GHAD
These special benefits are described in detail n the Hillcrest Heights Subdivision
7582 Geologic Hazard Abatement District (GHAD)Plan of Control Monitt rin
Maintenance manual (the "Man of Control" � fe with the� � ta County
Department of Public Works.
5. The Board has reviewed and considered the Assessment Report. Based on the
calculations and discussion in the Assessment report, the assessment on each parcel
in the GHAD does not exceed the reasonable cost of the proportional special
benefits which the GHAD confers on that parcel. The Assessment Report also
constitutes a detailed engineers report prepared by a registered professional
engineer eertit`ied by the State of California which supports the assessments.
6, The Board directs the Clerk of the Beard to immediately provide the Elections
Clerk with a copy of this resolution.
7. The Board directs the Clergy of the Board to publish in a local newspaper notice of
the public hearing the "Hearing") to be conducted on Tuesday, April 1, 1997 at
10:30 a.m. n Room 107 of the Board of Sup erys irs' Chambers, 651 P e Street,
Martinez, California 94553
8. No later than February 13, 1997, the Board directs.the Elections Clerk to mail the
written notice of a public:hearing(the "Notice") attached as Ehiht C to the record
owners of each parcel upon which the assessment will he m.pt sed. The ballot (the
:ballet") attached as Exhibit D and the Assessment Re ort shall be attached to the
Notice.
9. The Board will conduct a public hearing (the "Hearing"" on Tuesday, pr l 1,
1997 at 10-30 a.m. *in Room 1.07 of the Board of Supervisors" Chambers, 651 Pme
Street, Martm* ez, California 94553. The Election Clerk shall deliver all the Ballot
received from record owners to the Board prior to the start of the Hearing. The
Beard shall then consider all protests against the proposed sed sse ment and tabulate
the Ballots. In tabulating the Ballots,is the :ballots shall be weighed according to the
proportional, finaneial obligation of the affected property, The Board shall not
impose the assessment if there is a majority protest. If there is no majorittv
protests, the Beard will levy the assessment.
By, 1,44,:eL
Chair, Board of DirelctorsRivet Height
Geologic Hazard Abatement District, and
Chain of the Board of Supervisors of Contra
CostaCount
Attest:
jk
k orf tNW district
SE.
069.Dept.: Public works Department(Special Districts)
contact: Skip Epperly,313-2253
cc: County Administrator
Assessor
Auditor-Controller
County Counsel
Community Development
Accounting