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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-062 i • #- � ♦ i • I< • e i i ;OSTMi ! 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DATE: February 12,2042 PAGE: 2 3 BACKGROUND(continued) G. Currently, none of the parcels to be assessed has been improved with the construction of a residence and the GHAD will not incur any expenses before the County issues the first residential building permit for one of these pucels; consequently, the authorized assessment will not be actually levied on a parcel until the first fiscal year following issuance of a residential building permit for that parcel. ACTION NOW,THEREFORE,the GHAD Board resolves that: 1. The CHAD Board declares its intention, consistent with the requirements of Article XIII D of the California Constitution, Public Resources Code Sections 26654 et seq., Government Code Section 53750, and Elections Code Section 4000,to order that the costs and expenses of the GHAD improvements shall be assessed against the pvpcdy within the GHAD,which is benefited by the GHAD. 2. The GHAD Board further declares its intention to assess against the propertywithin the 0-HAD for.the 2002-2003 fiscal year and for subsequent years,all or part ofthe amounts set forth.in.the: 'sRdport. ing the first fiscal year following ' of a residential building permit for that parcel,wbicliis .estiumicid.to o .in ." the year 2002. - 3. Notwithstanding Paragraph 2 above,the GHAD Board shall not mdw this assessment if a majority protest exists as defined in Section 4(e)of Article XIII D of the California Constitution. 4. Etch of the Parcels identified in Exhibit will receive a particular and distinct spedal benefit in the foie of GRAD facilities and servww which are over and above the general benefits received by the general public. Specifically, in order to control geologic hazards within the GHAD, the CHAD may without limitation: (a) evaluate the performance of the natural and cmvated slopes,the surface drainage and ditcIm to prevent certain geologic hazards within the GHAD; (b) perform certain temporary and permanent mitigation, repairs and in Veavrment measures to control geologic hazards within the GHAD; (c) maintak debris benches, drainage and 'instruments such as piezornaters, settlement t monitors and me ' ens; (d)maintain a detention basin; and(e) establish a reserve to fund, mitigate, abate or control geologic within the GHAD. These special benefits are described in detail in the Plan of Control for the Wendt Ranch CHAD on file with the Contra Costa County Department of Public Works. 5. Hereafter, whenever the parcels identified in Exhibit A are resubdivided and a final map is approved and filed with the County Recorder,each newly created residential lot will be assessed on an equal basis with each single- family and multi-family lot being an individual "residential unit." The annual assessment amount for each residential unit will be calculated by dividing the annual GHAD Budget by the number of residential units then existing within the GHAD boundaries. Non-residential parcels within the GHAD boundaries will not be assessed. It is anticipated that upon completion of the Wendt Manch development, the CHAD boundaries will cover 272 residential units. 6. The CHAD Board has reviewed and considered the Engineer's Report. The special benefit derived from the GHAD by each parcel is proportionate to the entire costs of the GHAD, and the amount of the assessment is proportional to, and no greater than,the benefits conferred on each parcel. The assessment does not exceed the reasonable cost of the proportional special benefit conferred on each parcel. S JFCr. ADOPT Resolution No. 2002/b 2 of Intention to Order an assessummt fcr the Wendt Ranch Geologic EI;RZard Abatement District and fixing a hearing on April 9,2002 for a Public Hearing to consider protests againstthe assessment DATE: February 12,2002 PAGE: 3 AMON(continued) 7. No later than February 19, 2002, the CHAD Board directs the Public Works Director to mail the '"Notice of Adoption of Resolution"of the Public.Nearing,attached as Exhibit C,and the"Notice ofAssessment"attached as Exhibit D,to the turd owners of each parcel upon which the assessment will be 'imposed. The sealable Ballot, attached as Exhibit E,and the Engineer's Report shall be attached to the Notice. S. The GHAD Board will conduct the Public Hearing on April 9, 2002 at 9.00 a.m. in Room 107 of the County AAminis tration Building,651 Pine Sheet,Room 107,Martine7,California. The CHAD Clerk shall deliver all the sealed Ballots received,from record owners of parcels within the GHAD boundaries to the CHAD Board prior to the start of the PublicHearing. The Ballots shall remain sealed until they are tabulated. The CHAS)Board shall permit a change, withdrawal, or submittal of a Ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the public Hearing The CHAD Board shall then close the Public Hearing and consider aider alt protests against the proposed assessment Atter the GHAD Board closes the Public He a rm& the GRAD Clerk, or some other impartial person not having a vested interest m the outcome of the proposed asbessment, shall tabulate the Ballots submitted,and not withdrawn, in sqrvort of or opposition to the proposed assessment In tabulating the Ballots, the GHAD Clerk shall weight the Ballots according to the proportional financial obligation of the affected property. The CHAD Board shall not impose the assessment if there is a majority protest as that term is defined by Section 4(e)of Article=D of the California Constitution. If there is no majority protest,the GHAD Board shall authorize the assessment. 9. Following the Public Herring,the CHAD Board shall consider the adoption-of vas<.of-votes for the Wendt kamh CHAD,Subdivision 8002. 10. The GRAD Board shall levy the authorized assessment on each parcel the first fiscal year following issuance of a retial building permit for such.parcel. EXIT A ATTACH MAP OF PROPERTY VCWT RANCH SUBONWON 6002 A.P.N. 206-030-006 325 A, S 7046 297 M 1 p7'T4'(`'�E oft H •� r'""•• z 112 PM 5( &A PAROL A h METRIC SCALE 1: 6000 d ell �r AREA 66.12 HECTARES LOT 2 (233 M 48) 'b c LOT A �"s' Ls 2298 (233 M A 224 lam P.O.G. 7'9T.00tm' -2A484.216mwl ae>i�t 16 27 f ;. PARCEL. C 5 - B9 PM a0 MEACHAM N.V. COMPANY 206-030--003 JUK-t4' 00 00) 07:20 P. Oat BOUNDARY SUBDIVISION 8002 ALL.THAT REAL PROPERTY. SITUATE, LYING AND BEING IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BITING A PORTION OF THE NORTH Yz OF SECTION S.TOWNSHIP 2 SOUTH, RANGE 1 EAST. AND A PORTION OF THE SOUTH % OF SECTION 321 TOWNSHIP 1 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN.DESCRIBED AS FOLLOWS. COMMENCING AT THE WEST '1I CORNER OF SAID SECTIONS; THENCE ALONG THE SOUTH LINE OF THE NORTH WEST I% OF SAID SECTION 5- Som 89°01`i7" EAST 324.0110 METERS TO THE SOUTHEAST CORNER OF LOT 4 AS SHOWN ON THE MAP OF SUBDIVISION 6417 FILEN ON DECEMBER 17,19791, IN BOOK 233 OF MAPS AT PAGE 48.BEING THE TRUE POINT OF BEGINNING; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG THE EAST LINE OF SAID SUBDIVISION 5417 NORTH 32°49'40"EAST 406.198 METERS; THENCE CONTINUING ALONG SAID EAST LINE OF SUt3DIMSION 5417 AND ALONG THE EASTERLY LINE OF PARCEL B AS SHOW ON THE RECORD OF-SURVEY FILED OCTOBER 14. 1955,IN BOOK 37 OF LICENSED SURVEYOR'S MAPS AT PAGE 46. NORTH 10°28'23"EAST 435.349 METERS; THENCE CONTINUING ALONG SAID EAST LINE .OF PARCEL B NORTH 12835'35" WEST 312.415 METERS-, THENCE CONTINUING ALONG SAID EAST LINE OF PARCEL 8 NORTH 10850'35" EAST '93.221 METERS TO THE SOUTH LINE OF CAMINO TASSAJARA; THENCE ALONG SAID SOUTH LINE OF CAMINO TASSAJARA SOUTH 74°24!OW EAST 261.359 METERS; THENCE CONTINUING ALONG SAID SOUTH LINE OF CAMINO TASSAJARA NORTH 80054'31" EAST 162.668 METERS; THENCE CONTINUING ALONG SAID SOUTH LINE OF CAMINO TASSAJARA- NORTH 78'37'18" EAST 34.491 METERS; THENCE CONTINUING ALONG SAID SOUTH LINE OF CAMINO TASSAJARA NORTH 77°47'46" EAST 122.214 METERS TO THE WEST LINE OF PARCEL A AS SHOWN ON PARCEL MAP MS 28-81 FILED NOVEMBER 1, 1984, IN BOOK 112 OF PARCEL MAPS AT PAGE 50; THENCE ALONG SAID WEST LINE OF PARCEL A (112 PM 50) SOUTH 03°16'26" WEST 131.047 METERS TO THE, NORTHWEST CORNER OF PARCEL C AS SHOWN ON PARCEL MAP MS 342-77 FILED ON AUGUST 28, 1978. IN BOOK 69 OF PARCEL MAPS AT PAGE 29; THENCE ALONG SAID WEST LINE OF PARCEL C SOUTH 00800'09"WEST 1035.133 METERS TO THE SOUTH LIME OF THE NORTH% OF SAID SECTION 6; THENCE ALONG SAID SOUTH LINE NORTH 89801'i7" WEST 797.001 METERS TO THE TRUE POINT OF BEGINNING. 0 CONTAINING 66.12 HECTARES MORE OR LESS. c � a A.P.No.206.030-006 �XHIBTT B ENGINEER'S REPORT WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT SUBDIVISION 8002 ENGINEER'S REPORT for GEOLOGIC HAZARD ABATEMENT DISTRICT VA3NDT RANCH CONTRA COSTA COUNTY,CALEFORNIA EiA EO INCORPORATED TABLE OF CONTENTS rage CERTIFICATION OF FILING 1 I. DITRODUC 11ON 3 II. BACKGROUND 3 M. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM 3 IV. SERVICE LEVELS 3 V. DESCRIPTION OF THE CHAD IMPROVEMENTS 4 V1. ASSESSMENT ME'T'HOD 4 VII. ASSESSMENT LIMIT-BUDGET PROJECTION 5 FIGURE 1 —GRADING PLAN AND CHAD BOUNDARY EXHIBIT A—WENDT RANCH CHAD ESTIMATED BUDGET 4063.5.050.01 June 28,2001 E GE0 INCORPORATED ENGINEER'S REPORT GEOLOGIC HAZARD ABATEMENT DISTRICT®WENDT RANCH (Pursuant to the Public Resources Code of the State of California,Section 26500 et seq.) CERTIFICATION OF FILING ENGEO Incorporated makes this report as directed by the CHAD Board of Directors. The CHAD is intended-to provide geologic hazard improvements within the Wendt Ranch and to levy and collect assessments sufficient to pay for those improvements. The improvements which are the subject of this report are briefly described as follows: "Improvement" means any activity necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard including but not limited to the acquisition of property or any interest tdierem, construction, maintenance, repair, or operation of any improvement, or the issuance and servicing of bonds issued to finance any of the foregoing. This report consists of seven parts,as follows: I. RTMODUCTION H. BACKGROUND III. GEOLOGIC HAZARD ABATEMENT DISTRICT DIAGRAM TV. SERVICE LEVELS V. DESCRIPTION OF GHAD IMPROVEMENTS VI. ASSESSMENT METHOD VII. ASSESSMENT L1M1T-,BUDGET PROJECTION 4063.5.050.01 June 28,2001 1 SYGE0 INCORPORATED The undersigned respectfully submits the enclosed Engineer's Report as directed by the GHAD Board. Date: February 12,2002 By: I HEREBY CERTIFY that the enclosed Engineer's Report was filed with me on the 12''day of February 2002. Wendt Ranch Geologic Hazard Abatement District Contra Costa County,California 3 I HEREBY CERTIFY that the enclosed Engineces Report was approved.and confirmed_by the:: -r _ CHAD Board on the 12*day of February,2002. - Wendt Ranch Geologic Hazard Abatement District Contra Costa County,California APPROVED 4463.5.050.01 June 28,2001 2 EAGE J INCORPORATED ENGINEER'S REPORT 3 for GEOLOGIC HAZARD ABATEMENT DISTRICT WENDT RANCH for the ESTABLISHMENT OF AN ASSESSMENT LIMIT INTRODUCTION 'The Wendt Ranch Geologic Hazard Abatement District(GHAD)was formed under the authority of the California Public Resources Code,Division 17,Section 26500 et seq. It.„ BACKOROUND On ,Shapell.Lndustries of Northern California,the developer cif Wendt Ranch, submitted a petitionto farm'the Wendt Ranch O1HAD. !UFDLCAD DIAQjAMO � MN The Diagram for the GHAD is attached hereto. �l, SER"YI�^E I:�LS The GRAD provides for activity that is necessary or incidental to the prevention, mitigation, abatement, or control of geologic hazards including, but not limited to, the acquisition of property or any interest therein; construction, maintenance, repair, or operation of any improvement;and the issuance and servicing of bonds issued to finance any of the foregoing. The GHAD provides for the administration and review of facilities within the budgeted limits, including the following services: 1. Oversight of GHAD activities. 2. In conjunction with the County Assessor's Office, setting the annual levying of assessments on the property tax rolls. 4063.5.050.01 June 28,2001 3 FEO INCORPORATED 3. Retentioi of a geotechnical consultant to perform the monitoring duties as described in the GHAD Plan of Control. 4. Performanceof GHAD maintenance activities in accordance with the GHAD Plan of Control. These maintenance activities include maintenance of debris benches, a detention basin, concrete drainage v-ditches, and subsurface drainage system with slope stabilization and erosion protection,as necessary. 5. Preparation of annual GHAD budgets. V. DESCRIPTION OF THE GHAD IMPROVEMENTS The GHAD Improvements are described in the Plan of Control prepared for Wendt Ranch,dated November 8, 2000- In general, improvements include a detention basin; debris benches; drainage systems including concrete vkhtches in open .space and on-the hillsides; open storm dram inlets and outlets;and subdrams in open space and creek corridors. VI. ASSESSMH TT METHOD. The -----DVements described in Section V are distributed within the CHAD boundaries. Maintenance and protection of these improvements provide a special benefit to all property owners within. the CHAD. The District Engineer hereby finds that the properties within the District receive appmximately equal special benefit from the work and' within the CHAD. Asa result, the GHAD assessment is distributed equally among all property owners within the GHAD. Raddentud uses (single-family and multifamily) will be assessed on an equal basis with each shWjo-family and multifamily property being assigned"one residential unit factor." The total number of residential units within the District is then divided into the annual District budget to develop the annual assessment amount. A financial analysis was performed to provide a framework for an operating budget for the on-going abatement, mitigation, prevention and control of geologic hazards within the Wendt Ranch. In preparation of the budget,several factors were considered including: • Site Geology • Proposed Remedial Grading 4063.5.050.01 June 28,2001 4 ENGEO INCORPORATED o Proximity.of Geologic Hazards to Proposed Residences Site Access Considerations • Elements Requiring Routine Maintenance Including. 1. Surface Drainage Facilities 2. Graded Slopes 3. Detention Basin VII. ASSESSMENT LMT-BUDGET PROJECTTON Basedon the estimated expenses for on-going operations,and allowing for larger(approximately $500,000)geologic events-at 10-year intervals,a 40-year budget was prepared for the purpose of estimating initial assessment levels(see Exhibit A). In order to establish a reasonable reserve in the early years following formation of the GRAD, there will be an initial deferral of GHAD ENGEO recommends an assessment limit of$500 per residential unit. This limit will escalate annually based on.the Consumer Price .Index. .It is currently antigpated that only $400 ,(in. 2001doilars)will actually need to be levied annually per residential unit. 4063.5.050.01 June 28,2001 5 C NOTICE OF ADOPTION OF RESOLUTION BY THE BOARD OF DIRECTORS OF WENDT RANCH GEOLOGIC HAZARD ABATEMENT DIS11UCT On February, 12, 2002, the Board of Supervisors of Contra Costa County, California, adopted Resolution. No.-2492/ , approving the formation of the Wendt Ranch Geologic Hazard Abatement District(GRAD)and appointing itself to act as the Board of Directors of the CHAD Board. The CHAD was formed pursuant to State Public Resources Code Section 26500 et seq. for the purpose of prevention, mitigation,abatement and control of certain geologic hazards. NC3TICE 1<S HEREBY that: On February 12,2002,the GHAD Board adopted Resolution No, 2002/ fixing a Public Hearing to consider 'on of an assessment to finance the GHAD. If the assessment is adopted,it is anticipated that each parcel you own will be assessed approximately$400 per year(up to a maximum of$500 per year), plus an annual adjustment to reflect the percentage change in the Consumer Prier Index("CPI") over the previous twelve-month period. Tie assessment for a parcel will be levied begmmng the first fiscal yew after issuance of the building permit for that parcel. Ile assessment shall continue to be levied in papetuity. The attached Engineer's Report for the Wendt Ranch CHAD was prepared by the GRAD Geologist) Manager and by a registered professional criginm certified m the State of California; and describes in detail the reasm for the assessment and the basis upon which the amount of the assessment was calculated. The 's Repeat specifically-sets forth the yearly estimated budget,the total assessment that will be chargeable to fie entire GHAD,the proposed estimated assesammits:to.be levied each year against each parcel of property,and a description of the method used in formulating the assessment A copy of the Engincers Report is also available for` __ _`oi►if-the.office ofthe Department of Public Works,255 Glacier Drive,Martinez,California. The GRAD Board will conduct a Public Hearing on April 9, 2002 at 9:00 a.m. in Room 107 of the County Administration Building,651 Pine Martinez,California,on the proposed assessment The following paragraph provides the procedures for rehuning and tabulating the Ballots. A copy of this Notice,scalable Ballot and 's Report has been sent to each of the property owners within.the GRAD; your Ballot is attached to this Notice. The Ballot may be completed and mailed or hand- delivered anddeliver+ed to the GRAD Clerk,851 Pine Street, 11'h Floor,Martinez,California,94553,or you may submit your Ballot at the Public Hearing. You may submit,withdraw,or change your Ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the Public Hearing. At the public the CHAD Clerk will deliver the sealed Ballots it has received to the GHAD Board.Ile Ballots shall remain sealed until they are tabulated. The GHAD Board them will close the Public Hearing and consider all protests against the proposed assessment After the CHAD Board closes the Public Hearing, the GRAD Clerk, or some other 'impartial person not having a vested interest in the outcome of the proposed assessment, shall tabulate the Ballots submitted and not wididmwn, in support of or opposition to the proposed assessmenit. The CHAD board will not =Qse t if there is a mglgM grotest A majority protest exists if, upon the conclusion of the Public 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 made to Skip Epperly, telephone (925) 313- 2253. 13-2253. K'WIT D ,s BALLOT Identification of Parcel: APN 206-030-U{l{5,Tract SUB 8002 Record Owner.Shapell Industries, Inc. Attn: Chris Truebridge 100 Milpitas Boulevard,#100 Milpitas,CA 95035 "Yes, I approve the proposed annual benefit assessment described in the attached Notice on the property descnibed by the parcel numbers identified in this Ballot. No,I do not approve the proposed annual benefit assessment described in the allachad Notice on the property described by the parcel numbers identified in this Ballot. Signatm of Record Owner or Authorized Representative of the above-identified parcels). Mail or deliver sealed Ballot to: Clerk of the Board of Directors, Wendt Ranch Geologic Hazard Abatement District clo Public Works Department Attn:Skip Epperly 255 Glacier Drive Martinez,CA 94553