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HomeMy WebLinkAboutRESOLUTIONS - 01011997 - 1997-178 SD.5 C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order on April 1, 1997, by the following vote; AYES: Supervisors Rogers, Ui.lkema, Gerber,and DeSaulnier NOES: None ABSENT: Supervisor Canci.ami.11a ABSTAIN: None RESOLUTION NO. 97/178 SUBJECT: Confirming Assessment for Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582, and Ordering Levy and Collection Thereof. The Board of Directors of the Hillcrest Heights Geologic Hazard Abatement District RESOLVES THAT: 1. On July 23, 1996 the Board of Supervisors adopted Resolution No. 961329, approving the formation of a geologic hazard abatement district (the"CHAD") for the Hillcrest Heights area and appointing itself to act as the Board of Directors of the CHAD. 2. In order to defray the costs and expenses of maintaining and operating the CHAD improvements, it is necessary to provide for a reliable source of CHAD funding. 3. Public Resources Code Sections 26650 et seq. authorizes, after a noticed hearing,the levy and collection of an assessment upon benefited property within the CHAD to pay for maintenance and operation of CHAD improvements. Article XIII D of the California Constitution imposes additional requirements for the levy and collection of such an assessment. 4. On February 11, 1997, pursuant to both Public Resources Code sections 26650 et seq. And Article XIII D of the California Constitution, the Board adopted a Resolution of Intent to Order an Assessment for Hillcrest Heights Geologic Hazard Abatement District Subdivision 7582, and Setting a Public Hearing to Consider all Protests Against Said Assessment, Resolution Number 97172. 5. This Resolution declares the Board's intention, consistent with the requirements of Article XIII D ofthe California Constitution,to order that the costs and expense of maintaining and operating the CHAD unprovements shall be assessed against the property within the CHAD. 6. This Resolution declares the Board's intention to assess against the property within the CHAD,for the 1997-1998 fiscal year and for subsequent years, all or a part of the amounts set forth in the Assessment Report, attached to this Resolution as Exhibit B, and prepared pursuant to the provisions of both Public Resources Code section 26651 and Article.XIII D Section 4 of the California Constitution. 7. This Resolution states that the Board will conduct a public hearing (the "Hearing") on Tuesday,,April 1, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Strut,Martinez, California 945553. 8. This Resolution directs the Election Clerk to 1)mail the written notice of the Hearing(the "Notice"),attached as Elul*C to this Resolution,to the record owners of each parcel upon which the assessment will be imposed and 2)attach to the Notice the ballot(the"Ballot"), attached as Exhibit D to this Resolution, and the Assessment Report. This Resolution also directs the Clerk of the Board to publish notice of the public hearing in a local newspaper. 9. This Resolution directs the Election Clerk to deliver all the Ballots received from record owners to the Board prior to the start of the Hearing. This Resolution states that the Board will then consider all protests against the proposed assessment and tabulate the Ballots. This Resolution states that in tabulating the Ballots,the Ballots shall be weighed according to the RESOLUTION NO. 97/ 122 proportional financial obligation of the affected property. This Resolution states that the Board shall not impose the assessment if there is a majority protest. This Resolution states that if there is no majority protest,the Board will levy the assessment. Wherefore, the Board ofSupervisors of Contra Costa.FINDS, CERTIFIES and ORDERS THAT: 1. The Elution Clerk and the Clerk of the Board provided notice of the Hearing as described above in accordance with Public Resources Code section 26652 and Article XIII D Section 4 of the California Constitution. 2. The Hearing was held before this Board on April 1, 1997 at 10:30 a.m. At the Hearing, the Board heard and considered any and all protests to the proposed assessment. At the Hearing, the Election Clerk delivered to the Board all the Ballots received from record owners of property within the CHAD. The Board tabulated the ballots and weighed them according to the proportional financial obligation of the affected property. The Board then closed the Hearing. 3. Based upon the tabulation ofthe Ballots, the Board finds that there is not a majority protest. Therefore,the Board is authorized to levy the proposed assessment under Public Resources Code section 26653 and Article XIII D Section 4 of the California Constitution. 4. The Board harby orders that the costs and expenses of mairrtai ng and operating the GHA D improvements shall be assessed against the property within the CHAD. 5. The Board further confirms the assessmat,as set forth in the Assessment Report, and orders that the amount of the assessments against each parcel of property within the CHAD shall be as provided in the Assessment Report. 6. The Board further orders that the amounts set forth in the Assessment Report shall be assessed against property within.the GHAD for the 1997-1998 fiscal year and for subsequent fiscal years. 7. The Board fiuther orders that the Assessment shall be levied and collected in the following manner: (a) The Clerk of the Board shall cause to be recorded a notice of assessment, as provided for in Section 3114 of'the California Streets and Highways Code, whereupon the assessment shall attach as alien upon the property,as provided in Section 3115 of the Streets and Highways Code. (b) Thereafter,the assessment shall be payable at the same time and in the same manner as general taxes on real property within the CHAD are payable. (c) All fmds generated by the assessment,and all interest earned on the assessment, shall be segregated, and deposited in a separate account for the exclusive benefits of the GHAD, and shall not be deemed at any time to constitute funds credited to the County Treasury. By .nom Chair,Board of Directors of Hillcrest Height Geologic Hazard Abatement District, and Chair est: ofthe Board of Supervisors of Contra Costa County pot,. floi- ClaknTthe: ct c =11=1sto7s�3-2253 AudftwCat*aUmr s Jamm A.wIdeatchm Dm*.Brom Ensaw wa RESOLUTION NO. 97/ 178 EXHIBIT B Assessment Report/Engineer's Report for Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District A. Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District Estimated Budget 1997-1998 Fiscal Year A. I'roJ,ected IncomLe Assessment $875 per parcel per year X 66 parcels — $57,750 B. J!EQjgcted E nenses General Manager/Geologist $ 8,500 Support Services $3,000 Repair, maintenance and improvements $18,250 (as provided in the approved, Repair,Maintenance and Improvement Program) Legal, accounting and insurance $8,000 County staff services $0 Reserve $57,750 B. Total Assessment on the CHAD The total assessment to be levied on the Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District(the "CHAD")is$57,750 in fiscal year 2997-1998. This amount shall be adjusted annually to reflect the percentage change in the Consumer price Index(CPI)over the previous twelve month period. C. Assessment on each Parcel Each parcel within the CHAD shall be assessed $875 in fiscal year 1997-1998. This amount shall be adjusted annually to reflect the percentage change in the CPI over the previous twelve month period. D. Methodology Used in Formulating the Assessment The purpose of the Hillcrest heights Subdivision 7582 Geologic Hazard Abatement District(the"CHAD")is to maintain an extensive network of drainage facilities to prevent geologic hazards, and to help finance mitigation, abatement and control measures in the event that geologic hazards occur. The basic costs of maintaining the drainage system and preventing geologic hazards are the expenses for: GeneralManager/Geologist; support service;repair maintenance and improvements; legal, accounting and insurance;and County staff services. In addition, based upon the existing geologic conditions and information about the CHAD drainage system contained in the Plan of Control,the County and the applicant determined that a$64,444 reserve should be accumulated the District to help finance mitigation, abatement and control measures in the event that geologic hazards occur. The reserve will be built up in the First three years of operation of the CHAD, $24,444 per year. There are 66 lots in the CHAD which will all be benefitted by the District. The project EIR on file with the Department of Public Works recognized a potentially significant geologic hazard for Hillcrest Heights Subdivision 7582. As detailed in the Plan of Control, on file with the Department of Public Works, the drainage system that will be maintained by the CHAD includes subdrains and other drainage improvements equally spaced throughout the project. All the components of the drainage system will be maintained and monitored with similar intensity. Each parcel in the GHAD will thus receive approximately the same benefits from the CHAD. Accordingly,the$57,754 total assessment on the CHAD will be evenly divided between the 66 parcels in the district and each parcel will be assessed $875. The automatic CPI adjustment to the assessment is justified because it will correct the assessment to approximately reflect changes in actual cost of operating the CHAD. E. Engineer's Report This Assessment Report contains all of the items included in engineer's reports prepared by the Contra Costa County Department of Public Works. The Assessment Report,therefore, constitutes an engineer's report. The Assessment Report has been reviewed and approved by the undersigned registered professional engineer certified by the ;state of California California Engineers Certification No. F. Report by General Manager of Hillcrest Heights Geologic Hazard Abatement District. The undersigned,District GeologistlMCanager of the GHAD, has prepared this report pursuant to State Public Resources Code section 26551 and Section 4,Article XIII D of the California Constitution. It sets forth the GRAD estimated budget for the 1997-1998 fiscal year (Part A), the proposed estimated assessments to be levied each fiscal year against the CHAD and each parcel of property within the CHAD(Parts B and C),a description of the method used in formulating the estimated assessments(Part D), and constitutes an engineer's report. It is proposed that all or part of the amount set fort in Parts B and C will be assessed against the property within the District for the 1997-1998 fiscal year and for subsequent fisal years. William Wiggington,District GeologistUanager Hillcrest Heights Geologic Hazard Abatement District �, IT C Notice of adoption of resolution by the Board of Directors of Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District On July 23, 1996,the Board of Supervisors of Contra Costa County adopted Resolution No. 96/329, approving the formation of a geologic hazard abatement district for the Hillcrest Heights area(the"CHAD")and appointing itself to act as the Board of Directors of the CHAD. The CHAD was formed pursuant to State Public Resources Code Section 26500 et seq. for the proposed of prevention, mitigation, abatement and control of geologic hazards. NOME t4 HIMMY GNEN that: On February 11, 1997 the,Board of Supervisors adopted Resolution setting a public hearing to consider adoption of an assessment for the CHAD. The amount of the assessment will be$57,750 per year for the entire GHAD, of which$875 per year will be chargeable to each parcel you own in the CHAD. The assessment shall continue to be levied in perpetuity. The assessment will be adjusted annually to reflect the percentage change in the Consumer Price Index over the previous twelve-month period. The attached Assessment Report/Engineer's Report for Hillcrest Heights Subdivision 7582 Geologic Hazard Abatement District(The"Assessment Report")was prepared by the District Geologist/Manager of the GHAD and describes in detail the reason for the assessment and the basis upon which the amount of the proposed assessment was calculated. The Assessment Report specifically sets forth the yearly estimated budget of the 1997-1998 fiscal year,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 Assessment Report is also available for inspection at the office of the Clerk of the CHAD,Room 106, County Administration Building,651 Pine Street,Martinez,California. The Board will conduct a public hearing(the"Hearing")on Tuesday, April 1, 1997 at 10:30 a.m. in Room 107 of the Board of Supervisors' Chambers,651 Pine Street,Martinez, California 94553 to tabulate ballots and hear any protests on the proposed assessment. The following paragraph provides the Mctd=for=aW a wd tn#sWafina t�,_ ,bots; A ballot is attached to this notice. A copy of this notice,ballot and Assessment Report have been sent to each of the owners of property within the GRAD. The ballot may be completed and mailed to the Elections Clerk, 625 Court Street,Martinez, CA 94553. At the Hearing,the Elections Clerk will deliver the ballots it receives to the Board of Supervisors. The Board of Supervisors will then consider all protests and tabulate the ballots. TheBoard ooisors wdll t im2ose the Rrmpgsed assessment if there is a midorb pr est A majority protest gists 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 will be weighted according to the proportional financial obligation of the affected property. Inquiries regarding the proposed assessment may be shade to W. William Wiggington, District Geologist/Manager of the CHAD,telephone(408)662-0609. EXHIBIT D 1997 BALLOT PROPOSITION-BOARD OF SUPERVISORS ADOPTION OF A RESOLUTION TO AUTHORIZE A ASSESSMENT TO FUND THE HILLCREST HEIGHTS GEOLOGIC HAZARD ABATEMENT DISTRICT SUBDIVISION 7582 Shall Resolution 961 of the Contra Costa County Beard of Supervisors be enacted to authorize a benefit assessment of$875 per parcel per year to be levied each year on property within the Hillcrest Heights Geologic hazard Abatement District Subdivision 7582 ("the CHAD"). The amount of this assessment will be automatically adjusted annually to reflect the percentage change in the consumer price index("CPI")over the previous twelve month period. The specific activities that the GHAD will perform include: (1)maintaining an extensive surface and subsurface drainage facilities to prevent geologic hazards within the GRAD, and(2) establishing a reserve fund to, mitigate, abate or control minor landslides, erosion and other geologic hazards within the GRAD, Send completed ballots to: Elections Clerk 625 Court Street Martinez, CA 94553 [Elections Clerks to insert address of all parcels belonging to the record owner who will receive this ballot] Vote on the Proposition(circle one): Support Oppose