Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-168 THE BOARD OF SUPE. ISORS OF CONTRA COSTA COUN AS BOARD OF 31). 11 DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT. Adopted this Resolution on April 11,2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA,DeSAULNIER,CANCIAMILLA and GERBER NOES: NONE ABSENT: N ON E ABSTAIN: NONE RESOLUTION NO.2000/16 8 SUBJECT: Resolution of Intent to Order Assessment on Property Proposed to be Annexed to the Wiedemann Ranch Geologic Hazard Abatement District, Ordering an Assessment Ballot Proceeding and Setting a Public Hearing to Consider All Protests Against Said Assessment. The Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District, RESOLVES: 1. On March 21, 2000, the Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District ("GRAD" or."District') adopted Resolution No. 2000/119 and accepted the Petition for Annexation of City of San Ramon Subdivision, 8188 (Lyon- Henry Ranch) to the Wiedemann Ranch GHAD ("GHAD Petition"), including a Plan of Control. Upon recommendation of the GHAD General Manager, the Board concluded that the GHAD Petition, including the Plan of Control, is substantially in the form described in Section 26552 of the Public Resources Code. 2. The Board has reviewed the Plan of Control presented to it with the GHAD Petition and has determined that the Plan of Control adequately addresses the health, safety and welfare issues raised by the proposed annexation. 3. By Resolution No. 2000/119, the Board has scheduled a public hearing on the GRAD Petition on April 11, 2000, at 10:00 am. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553 and has directed that the Board Clerk give notice of same. 4. In order to defray the costs and expenses of maintaining and operating the GHAD improvements necessitated by the property proposed to be annexed to the GRAD, it will be necessary to provide for a reliable source of funding for the District.. 5. Public Resources Code Sections 26650 et seq. authorize, after a noticed Public Hearing, the levy and collection of an assessment upon the property proposed to be annexed to the District to pay for the maintenance and operation of the GHAD improvements necessitated by the annexed property. Article XIII D of the California Constitution, Government Code Sections 53750 et seq. and Elections Code Section 4000 impose additional requirements for the levy and collection of the assessment. 6. The property proposed to be annexed to the GRAD that will be subject to the assessment is identified on the map attached as Exhibit A. RESOLUTION NO. 2000/ 16 8 7. 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 on the property proposed to be annexed from the general benefits conferred on the public at large, identifies the specially benefited 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. The assessments on the parcels to be annexed to the existing Wiedemann Ranch GHAD are identified in Exhibit A. NOW, THEREFORE, the Board of Directors, hereby RESOLVES, FINDS, CERTIFIES and ORDERS that: 1. The Board hereby declares its intention, consistent with the requirements of Public Resources Code Sections 26650 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 GHAD improvements necessitated by the property proposed to be annexed to the GHAD shall be assessed against the annexed property which is benefited by the GHAD. 2. The Board further declares its intention to assess against the property proposed to be annexed to the GRAD, for the 2000-2001 fiscal year and for subsequent years, all or part of the amounts set forth in the Budget attached to the Engineer's Report. 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 and Government Code Section 53753(d)(2). 4. Each of the parcels in the property identified in Exhibit A will receive a particular and distinct special benefit in the form of GHAD-provided services and GHAD-maintained improvements that are over and above the general benefits received by the general public at large. The services the GHAD may provide and the improvements it may maintain includes, (a) evaluating the performance of the natural and excavated slopes, the surface drainage and ditches to prevent certain geologic hazards within the District, (b) performing certain temporary and permanent mitigation, repairs and improvement measures to control geologic hazards within the GRAD, (c) maintaining debris benches, drainage systems and instruments such as piezometers, settlement monitors and inclinometers; and (d) maintaining wildlife mitigation ponds. These special benefits are described in detail in Revision 1 to the Wiedemann Ranch 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 benefits conferred on the entire District and each parcel to be annexed to the District, and separates that special benefit from the general benefit conferred on the public at large. Such special benefit derived from the GHAD 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 to be annexed. 6. No later than April 13, 2000, the Board directs the Public Works Director to mail a copy of this Resolution along with the "Notice of Assessment" attached as Exhibit C of the Public Hearing, and the "Notice of Adoption of Resolution," attached as Exhibit D,to the RESOLUTION NO. 2000/168 Assessment Ballot, att, .ed as Exhibit E, and the Engineer's h _.ort, attached as Exhibit B, shall be attached to the Notice. 7. The Board will conduct the Public Hearing on June 13, 2000, at 10:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. The Clerk of the GHAD shall deliver all the Assessment Ballots received from record owners of parcels within the property proposed to be annexed to the GHAD to the Board prior to the start of the Public Hearing. The Board shall permit a change, withdrawal or submittal of an Assessment Ballot at any time prior to the conclusion of the public testimony on the proposed assessment at 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(d)(2). If there is no majority protest,the Board may authorize the assessment. a:TA7D..SpDwfJb=a Olde$UOWW ademaaa 1aadnwrAWAMWRa90hm=PH4.11AK Oft DWL: h W wad.Dqnraes(Spxial D--6) Gold: Skip EWdy.11-M3 I hereby certify that this Is a true and correct copy Of ,,"fi. an action taken and entered on the minutes of the �� Board of Supervisors on the date shown. P.W.Aa-nwg ATTESTED: April 1 1 . 2000 PHIL BATCHELOR,Clerk of the Board of Supervis rs and County Administrator PBY � ,Der„+.y RESOLUTION NO. 2000/ 16 8