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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-206 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY AS BOARD OF DIRECTORS, WENDT RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT « Adopted this Order on April 9,2002,by the following vote: AYES: SRRWISORS UnM A, (fit, Ts2±'iAIIT 7i I , GIMM AM GIOIA NOES: I ABSENT: I ABSTAIN: NM RESOLUTION NO. 2042/ SUBJECT: Confirming Assessment for Wendt Ranch Geologic Hazard Abatement District Subdivision 8002,and Ordering Levy and Collection Thereof. The Board of Directors of the Wendt Ranch Geologic Hazard Abatement District RESOLVES THAT: 1. On February 12, 2002 the Board of Supervisors adopted Resolution No. 2002/59, approving the formation of a GRAD for the Wendt Ranch area and appointing itself to act as the Board of Directors of the GRAD. 2. In order to defray the costs and expenses of maintaining and operating the GRAD improvements, it is necessary to provide for a reliable source of GHAD funding. 3. Public Resources Code Sections 26650 et seq. authorizes, after a noticed hearing, the levy and collection of an assessment upon benefited property within the GHAD to pay for maintenance and operation of GHAD improvements. Article .XIII D of the California Constitution imposes additional requirements for the levy and collection of such an assessment. 4. On February 12, 2002, pursuant to both Public Resources Code sections 26650 et seq. and Article .XIII D of the California Constitution, the Board adopted a Resolution of Intent to Order an Assessment for Wendt Ranch GRAD Subdivision 8002, and fixing a public hearing to consider all protests against said assessment,Resolution No. 2002/62. 5. Resolution No. 2002/61 declares the Board's intention, consistent with the requirements of Article XIII D of the California Constitution, to order that the cast and expense of maintaining and operating the CHAD improvements shall be assessed against the property within the GHAD. SE:sr I hereby certify that this is a true and correct copy G:\GrpData%pDist\Board Ordets\2002\04 April\04-49-02 Wendt Ranch,doc of an action taken and entered on the minutes of Contact: Skip Epperly,(925)313-2253 the Board of Supervisors on the date shown. Orig.Div.: PW(Special Districts) cc: County Counsel ATTESTED: --22 _ Auditor-Controller 7O TT,ET Clk of the Board Accounting of Directors,Wendt Ranch Geological Community Development Hazard Abatement District S.Zovad,McCutchen,Doyle,Brown&Emerson 1331 N.California Blvd.,Walnut Creek,CA 94596 Chris Truebridge,Shapeli Industries 13Y V 1 - PO Box 361169, Milpitas,CA 95035 Deputy U.Eliahu,Engeo 2401 Crow Canyon Road,Ste.200,San Ramon,CA 94583 RESOLUTION NO.2002/ 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 XIII D Section 4 of the California Constitution. 7. 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 GRAD 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 GHAD 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 GHAD 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 CHAD 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 CHAD 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 CHAD 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 GHAT? improvements shall be assessed against the property within the CHAD. 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 properly 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. HATE: 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 GHAD 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 CHAD 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 GRAD, 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 Identification 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 Yes, 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 parcels). 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