HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-441 D,
THE BOARD OF Stit'EjKVISORS OF CONTRA COSTA CG-,-,iTY,CALIFORNIA
Adopted this Resolution on September 1, 1998,by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.98/441
SUBJECT: Resolution of Intent to Order an Assessment for the Weidemann Ranch Geologic Hazard
Abatement District,Ordering an Assessment Ballot Proceeding and Setting a Publid Hearing to
Consider All Protests Against Said Assessment.
The Board of Directors of the Weidemann Ranch Geologic Hazard Abatement District,RESOLVES THAT:
A. On September 1, 1998,the Board of Supervisors of Contra Costa County,adopted Resolution No. 98/438
forming the 'Weidemann Ranch Geologic Hazard Abatement District("GHAD"or"District")and
appointing itself to act as the Board of Directors of the GHAD.
B. 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 funding for the District.
C. Public Resources Code sections 26600 et seg. authorize,after a noticed Public Hearing,the levy and
collection of an assessment upon benefited property within the District to pay for the maintenance and
operation of GHAD improvements. Article XIII D of the California Constitution Government Code
sections 53750 et seq.,and Election Code section 4000 impose additional requirements for the levy and
collection of the assessment.
D. The property within the GHAD that will be subject to the assessment is identified in the map attached as
Exhibit A.
E. An Engineer's Report,attached as Exhibit B,has been prepared by a registered professional engineer,
certified by the State of California. The Engineer's Report separates the special benefits provided by the
GHAD from general benefits conferred on the public at large, identifies the specially benefitted parcels,
describes the total assessment, identifies the method for apportioning the total assessment to the individual
residential parcels, and sets forth the assessment per residential parcel.
NOW,THEREFORE,THE BOARD OF DIRECTORS HEREBY RESOLVES,FINDS,CERTIFIES AND
ORDERS AS FOLLOWS:
1. The Board hereby declares its intention,consistent with the requirements of Public Resources Code
sections 26600 et seq.,Article XIII D of the California Constitution,Government Code section 53750,and
Elections Code section 4000,to order that the costs and expenses of the GRAD improvements shall be
assessed against the property within the GRAD which is benefited by the GHAD.
2. The Board further declares its intention to assess against the property within the CHAD,for the 1999-2000
fiscal year and for subsequent years,all or part of the amounts set forth in the Engineer's Report.
RESOLUTION NO.98/ 441
3. Notwithstanding paragraph 2 above,the 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 in the property identified in Exhibit A will receive a particular and distinct special
benefit in the form of GRAD provided services and GHAD maintained improvements which are over and
above the general benefits received by the general public at large. The services the CHAD will provide
and the improvements it will maintain include(a)evaluating the performance of the natural and excavated
slopes,the surface drainage and ditches to prevent certain geologic hazards within the District,and(b)
performing certain temporary and permanent mitigation,repairs and improvement measures to control
geologic hazards within the GHAD,and(c)maintaining debris benches,drainage systems and instruments
such as piezometers,settlement monitors and inclinometers. These special benefits are described in detail
in the Plan of Control for the GHAD on file with the Contra Costa County Department of Public Works.
5. The Board has reviewed and considered the Engineer's Report. The Engineer's Report identifies the
special benefit conferred on the entire District and each parcel that will be subject to the assessment and
separates that special benefit from the general benefit conferred on the public at large. Such special
benefit derived from the CHAD is proportionate to the entire costs of the GHAD,and the amount of the
assessment is proportional to and no greater than,the reasonable cost of the special benefits conferred on
each parcel.
6. No later than September 3, 1998,the Board directs the Public Works Director to mail the"Notice of
Adoption of Resolution"of the Public Hearing,attached as Exhibit C,to the record owners of each parcel,
upon which the assessment will be imposed. The Assessment Ballot,attached as Exhibit D,and the
Engineer's Report,attached as Exhibit B, shall be attached to the Notice.
7. The Board will conduct the Public Hearing on October 20, 1998 at 2:00 p.m. in Room 107 of the Board of
Supervisors'Chambers,651 Pine Street,Martinez,California 94553. The CIerk of the GRAD shall deliver
all the Assessment Ballots received from record owners of parcels within the GHAD boundaries to the
Board prior to the start of the Public Hearing. After the conclusion of the public testimony on the
proposed assessment,the Board shall consider all protests against the proposed assessment and tabulate
the Assessment Ballots. In tabulating the Assessment Ballots,the Assessment Ballots shall be weighted
according to the proportional financial obligation of the affected property. The Board shall not impose the
assessment if there is a majority protest as that term is defined by Section 4(e)of Article XIII D of the
California Constitution and Government Code section 53753. If there is not majority protest,the Board
shall authorize the assessment.
By. ..
Attest: Chail Board of Directors
Jerk of the D' i
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RESOLUTION NO. 981441