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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-194 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE BOARD OF DIRECTORS,CALIFORNIA TRADEWINDS SUBDIVISION 7838 GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Order on April 21, 1998, by the following vote; AYES: Supervisors Uilkema, Gerber, DeSaulnier, Caneiamilla and Rogers NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 98/194 SUBJECT: Tabulating Ballots,Confirming Assessments for California Tradewinds Subdivision 7838 Geologic Hazard Abatement District, and Ordering Levy and Collection Thereof The Board of Directors of the California Tradewinds Subdivision 7838 Geologic Hazard Abatement District RESOLVES THAT: 1. Can June 10, 1997, the Board of Supervisors adopted Resolution No. 9712.97, approving the formation of a geologic hazard abatement district (the "CHAD") for the California Tradewinds 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 GRAD funding. 3. Public Resources Code Sections 26650 et seq. authorize, 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 3, 1998, pursuant to both Public Resources Code Sections 26550 et seq. and Article XIII D of the California Constitution, the Board adopted a Resolution of Intent to Order an Assessment for California Tradewinds Subdivision 7838 Geologic Hazard Abatement District, and Setting a Public Hearing to Consider all Protests Against Said Assessment (Resolution No. 98/43). 5. Resolution No. 98/43 declares the Board's intention, consistent with the requirements of Article XIII D of the California Constitution, to order that the costs and expense of maintaining and operating the CHAD improvements shall be assessed against the property within the GHATS. 6. Resolution No. 98/43 declares the Board's intention to assess against the property within the CHAD, for the 1998-1999 fiscal year and for subsequent years, all or a part of the amounts set forth in the Engineer's Report, attached to the 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. Resolution No. 98/43 states that the Board will conduct a public hearing (the "Hearing") on Tuesday, March 17, 1998 at 2:30 p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 8. On March 3, 1998, the Board changed the Hearing date to April 21, 1998 and directed the Public Works Director to mail the ballots to the record owners of each parcel upon which the assessment will be imposed. 9. Resolution No. 98/43 directs the Public Works Director to deliver all the Ballots received from record owners to the Board prior to the start of the Hearing. The Resolution states that the Board will then consider all protests against the proposed assessment and tabulate the Ballots. The Resolution states that in tabulating the Ballots, the Ballots shall be weighed according to the proportional financial obligation of the affected property. The Resolution states that the Board shall not impose the assessment if there is a majority protest. The Resolution states that if there is no majority protest,the Board will levy the assessment. Wherefore,the Board of Directors RESOLVES,FINDS, CERTIFIES and ORDERS THAT: 1. The Public Works Director 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 21, 1998 at 2:30 p.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 of the 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 hereby orders that the costs and expenses of maintaining and operating the CHAD improvements shall be assessed against the property within the CHAD. 5. The Board further confirms the assessments,as set forth in the Engineer's Report,and orders that the amount of the assessments against each parcel of property within the GHAD shall be as provided in the Engineer's Report. Resolution No. 98/ 194 6. The Board further orders that the amounts set forth in the Engineer's Report shall be assessed against property within the GHAD for the 1998-1999 fiscal year and for subsequent fiscal years. 7. The Board further orders that the assessments 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 assessments shall attach as a lien upon the property, as provided in Section 3115 of the Streets and Highways Code. (b) Thereafter,the assessments 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 funds generated by the assessments, and all interest earned on the assessments, shall be segregated,'and deposited in a separate account for the exclusive benefits of the GRAD, and shall not be deemed at any time to constitute funds credited to the County Treasury. Attest:Phil Batchelor, Clerk of the District By.—(L-0 1 j 1,10 0 eputy SE::cs g:`g*ata\spdisflbo\BlrckhawkGHAD\BL.Res Ori`.Dept. Public Works Department(Special District) Contact: Skip Eppy(310)323.2253 cc: County Administrator Auditor Controller County Counsel PW Accounting PW Engineering Services D.Curtin,McCutchen,Doyle,Brown&Enerseo A.Lindgren,McCutchen,Doyle,Brown&Enersen Resolution No. 98/194