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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-205 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS BOARD OF DIRECTORS, WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on April 9, 2002 by the following vote: AYES: Mwnsms tTI vm, GUM, DMM1III7, affvM ASID GLIA NOES: N= ABSENT: NW ABSTAIIN:NM RESOLUTION NO.2002/205 SUBJECT: Accepting canvass of votes for the Wendt Ranch Geologic Hazard Abatement District Subdivision 8002. On February 12, 2002, the Board of Supervisors of Contra Costa County, acting in the capacity of the Board of Directors for the Wendt Ranch Geologic Hazard Abatement District (GHAD) Board, held a public hearing on a benefit assessment proposed to be levied on real property located within the GHAD, Subdivision 8002. After the close of the public hearing, the GHAD Clerk opened the sealed ballots that had been submitted, and not withdrawn,prior to the close of the hearing and tabulated them in support of or opposition to the proposed assessment. In tabulating the ballots, the GHAD Clerk weighted them according to the proportional financial obligation of the affected property. The GHAD Board hereby ACCEPTS the Canvass of votes from the GHAD Clerk showing the benefit assessment passed as follows: Total Landowners Voted Yes No 1 1 1 SE:sr 1 hereby certify that this is a true and correct copy of O:\GrpData\SpDisttBoard Ordersl2002104 April104-09-02 Wendt Ranch.doc an action taken and entered on the minutes of the Contact: Skip Epperly,(925)313-2253 Board of Supervisors on the date shown. Orig.Div.: PW(Special Districts) cc: County Counsel ATTESTED: Auditor-Controller JOHN SWEETS ,Clerk of theboard of Directors, Accounting Wendt Ranch Geological Hazard Abatement District Community Development S.Zovad,McCutchen,Doyle,Brown&Emerson 1331 N.California Blvd.,Walnut Creek,CA 94596 By Chris Truebridge,Shapell Industries Deputy PO Box 361169,Milpitas,CA 95035 U.Eliahu,Engeo 2401 Crow Canyon Road,Ste.200,San Ramon,CA 94583 RESOLUTION NO.2002/ a SUBJECT: Confirming Assessment for Wendt Ranch Geologic Hazard Abatement District Subdivision 8002, and Ordering Levy and Collection Thereof. DATE: April 9,2002 PAGE: 2 6. Resolution No. 2002/61 declares the Board's intention to assess against the property within the CHAD, for the 2002/2003 fiscal year and for subsequent years, all or a part of the amounts set forth in the Engineer's Report, attached to this Resolution as Exhibit B, and prepared pursuant to the provisions of both Public Resources Code Section 26651 and Article Xffi D Section 4 of the California Constitution. 3. Resolution No. 2002/62 states that the Board will conduct a public hearing (the Hearing) on Tuesday, April 9, 2002 in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553,on the proposed assessment. 8. Resolution No. 2002/62 directs the Public Works Director to 1) mail the written notice of the Hearing (the Notice), attached as Exhibit 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 sealable ballot (Ballot),attached as Exhibit D to this Resolution, and the Engineer's Report. 9. Resolution No. 2002/62 directs the CHAD Clerk to deliver all the Ballots received from record owners to the Board prior to the start of the Hearing. The Ballots shall remain sealed until they are tabulated. The CHAD Board shall permit a change, withdrawal or submittal of a sealed Ballot at any time prior to the conclusion of the public testimony on the proposed assessment at the Public Hearing. This Resolution states that the Board will close the Public Hearing and consider all protests against the proposed assessment. This Resolution states that the CHAD Clerk or some other impartial person shall tabulate the Ballots that were submitted and not withdrawn prior to the close of the Public Hearing. This Resolution states that in tabulating the Ballots, the Ballots shall be weighted according to the 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 CHAD Board of Directors FINDS,CERTIFIES and ORDERS THAT: 1. The GHAD 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 9, 2002. Prior to the start of the Hearing, the GHAD Clerk delivered to the Board all the Ballots received from record owners of property within the GHAD. At the Hearing, the Board heard any and all protests to the proposed assessment. The Board then closed the hearing, considered any protests, and directed the GHAD Clerk to tabulate the Ballots by weighting them according to the proportional financial obligation of each on the affected property. 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 GRAD. 5. The Board further confirms the assessment, as set forth in the Engineer's Report, and orders that the amount of the assessment against each parcel of property within the GHAD shall be as provided in the Engineer's Report. SUBJECT: Confirming Assessment for Wendt Ranch Geologic Hazard Abatement District Subdivision 8002, and Ordering Levy and Collection Thereof. DATE: April 9,2002 PAGE: 3 6. The Board further orders that the amounts set forth in the Engineer's Report(including an annual adjustment to reflect the percentage change in the Consumer Price Index (`°CPI') over the previous twelve-month period) shall be assessed against property within the CHAD for the 2002/2003 fiscal year and for subsequent fiscal years. 7. The Board further 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 a lien 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 GHAD are payable. (c) All funds generated by the assessment, and all interest earned on the assessment,shall be segregated, and deposited in a separate account for the exclusive benefit of the CHAD, and shall not be deemed at any time to constitute funds credited to the County Treasury. By Chair,Board of Directors of Wendt Ranch Geologic Hazard Abatement District Attest: Clerk of the District ASSESSMENT BALLOT Identlflcatlon of Parcel. APN 206-030-006, Tract SUB 8002 Wendt Ranch Geologic Hazard Abatement District Record Owner: Shapell Industries, Inc. Attn: Chris Truebridge 100 Milpitas Boulevard, #100 Milpitas, CA 95035 Yee, I approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. No, I do not approve the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this Ballot. Signature of Record Owner or Authorized Representative of the above-identified parcel(s). Mail or deliver sealed Ballot to: Clerk of the Board of Directors, Wendt Ranch Geologic Hazard Abatement District c/o Public Works Department Attn: Skip Eppedy 255 Glacier Drive Martinez, CA 94553