HomeMy WebLinkAboutMINUTES - 06132000 - D2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
Adopted this Resolution on June 13, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 200013 5 5
SUBJECT: Correcting Resolution No. 2000/166 to Exclude Real Property Erroneously
Included in Area Conditionally Annexed to the Wiedemann Ranch
Geologic Hazard Abatement District ("GHAD").
This Resolution is made with reference to the following facts:
1. On May 21, 1985, pursuant to the provisions of Section 26550 of the Public
Resources Code, the Board of Supervisors of Contra Costa County adopted
Resolution No. 85/276 declaring that said Board is subject to the provisions of
Chapter 2 of Division 17 (Section 26525 et seq.) of said Code and forwarded a
copy of such resolution to the State Controller.
2. Pursuant to the provisions of Division 17 (Section 26500 et seq.) of the Public
Resources Code, a petition was filed with the Clerk of the GHAD Board, dated
February 23, 2000 (the "Petition"), for the annexation of City of San Ramon
Subdivision 8188 (Lyon-Henry Ranch) to the GHAD.
3. On March 21, 2000, the GHAD Board adopted Resolution No. 2000/119
accepting the Petition and setting a hearing on the Petition for April 11, 2000.
4. A public hearing before the GHAD Board on the proposed annexation to the
GHAD was held on April 11, 2000. At the time set for the hearing, no owner of
real property to be annexed to the GHAD had made a written objection to the
annexation in accordance with the provisions of Public Resources Code Section
26564. At the hearing, the owners of more than 50 percent of the assessed
valuation of the-property proposed to be annexed to the GHAD did not object to
the annexation.
5. The GHAD Board closed the hearing and, by Resolution No. 2000/167 adopted
on April 11, 2000, conditionally ordered the annexation of City of San Ramon
RESOLUTION NO. 2000/ 5 5
Subdivision 8188 (Lyon-Henry Ranch) to the CHAD, as described in the Petition,
with an effective date of June 13, 2000, or such later date as the CHAD Board
holds the public hearing, tabulates the assessment ballots, and authorizes the
assessment.
6. Public Resources Code Section 26581 states that annexation of territory to a
district is subject to approval of the legislative body which ordered formation of
the district. The Board of Supervisors of Contra Costa County ordered formation
of the CHAD on September 1, 1988.
7. Subsequent to the adoption of Resolution No. 2000/166 and the mailing of the
assessment ballots, it was discovered that certain real property not intended to
be annexed or assessed was erroneously included in the area described in
Resolution No. 20001166.
NOW, THEREFORE, the Board of Supervisors of Contra Costa County
RESOLVES that:
1. The above recitals are true and correct.
2. Resolution No. 2000/166 is corrected to clarify that the annexed area approved
by the Board of Supervisors of Contra Costa County includes only the real
property described in Exhibit A attached to this Resolution.
3. Except as modified by this Resolution, all provisions of Resolution No. 2000/166
shall continue in full force and effect.
Orig. Dept.: Public Works Department (Special Districts)
Contact: Skip Epperly, 313-2253
cc: Assessor t herby certify#. ft Is a true and correct copy of
Auditor-Controller an action Ism "antered on the minutes of the
Board of 8u . an the d shown.
County Administrator � S�.EO,
County Counsel PHIL BATCHELC? ,Clerk of the Board
P.W. of
IS
a d County Administrator
-Accounting
Special Districts ,Deputy
Wm. R. Gray & Co. 7c'
RESOLUTION NO. 2000/_3 5 5
duNJ�Jr,2000
EXHIBIT"B"
AW PROPERTY 91 THE CITY OF SAN AAMOK, COUNn OF COMM COST4 STATE OF CALIFOIRNIA,
L?E4ICRJRJrD AS FOLtA'RS:
ALWGA PORT70NOF W R,iA►CIIiU UYRAMON,DESCMDEDAS MUOM.-
REGIw NG ATA POINT ON 171E 111GST'sov?m i&ST'ER&r Aiwc Off`w.4r LINE of SAN RAAm YAZY. r
80CUP.4 W AS IT NOW F.YLM AT TU IN7EUE'CT10N W==MW&IS )MY XWM OF=
COMMON 1"EAS 1?>rSC1PI M IN?hfB'ItaW W MMY,RECORDED MARCH I,1W,!N NWJr 1177,AT
PAGE 405 AND RECORDED Afi1WH 13, 19544 N BOOK 7441, AT PAGF 432, C(7 M COSTA C00W
RE'CORDS',SAID POJ?T AWO AMU ON T71E LMVG UN JUAAION CITY ZWT ZINE:
TAM=ALONG SAIDRi Uff OF WAY LM AND CIIYLIAt1T IM SOV7W 288 50'05"ZM 6511.42 FEET
TO A PODIT 4CW YM Aefl T WMThW1=klY LINE OF 771E PARCZL Of' LAND DESCRIBED AS
`EXCEPIM T7JERJSFROAd."'IN SAID J9 WAY DEW 11177 OR 405):
Tl1ESMCZ 1.JLdMG SAID RlGfir OF 1F'4Y LJ?E AND ALt'W T= MCM Nt7AY WETE'RLY AND
SOUTHYWES?MU NES OFS,tAW PAACEL '"FX�CBPTING TREREFROAI.-'(1177 OR 405). M PVf.WWM
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,gyp►AMVRYDBED(2441 OR 432):
AFrFIVPD TIMP AIN R A-14AM PPINT TIMF !Ilk A ""EXHIBIT A
C )
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, AS THE BOARD
OF DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT
DISTRICT
Adopted this Resolution on June 13, 2000, by the following vote:
AYES: SUPERVISORS `GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE RESOLUTION NO. 2000/_15.z
SUBJECT: Tabulating Assessment Ballots; Confirming Assessment on City of San
Ramon Subdivision 8188 (Lyon-Henry Ranch) Conditionally Annexed to
the Wiedemann Ranch Geologic Hazard Abatement District ("GHAD");
and Ordering Levy and Collection of Assessment.
This Resolution is made with reference to the following facts:
1. On April 11, 2000 the Board of Supervisors of Contra Costa County, acting in its
capacity as the Board of Directors of the CHAD, adopted Resolution No.
2000/167 conditionally ordering the annexation of City of San Ramon
Subdivision 8188 (Lyon-Henry Ranch) to the CHAD. The annexation was
conditioned upon the Board of Directors of the CHAD ("Board") holding a public
hearing on a proposed assessment, tabulating the assessment ballots, and
authorizing the assessment on the annexed property. That condition was
anticipated to be removed, and the effective date of the annexation anticipated
to be, June 13, 2000, the date set for the public hearing, tabulation of
assessment ballots and authorization of the assessment on the annexed
property. As provided in Public Resource Code Section 26581, on April 11,
2000, the Board of Supervisors of Contra Costa County adopted Resolution No.
2000/166 approving the annexation of Subdivision 8188 to the CHAD.
2. On April 11, 2000 the Board adopted Resolution 2000/169 approving the CHAD
budget for the conditionally annexed property for Fiscal Year 2000-2001 and
approving the CHAD repair, maintenance and improvement program for the
conditionally annexed property.
RESOLUTION NO. 2000/_3 5 7
3. In order to defray the costs and expenses of maintaining and operating the
GHAD improvements necessitated by annexing Subdivision 8188 to the CHAD,
it is necessary to provide for a reliable source of CHAD funding.
4. Public Resources Code Section 26650 et seq. authorize, after a noticed hearing,
the levy and collection of an assessment upon benefitted 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.
5. On April 11 2000, pursuant to both Public Resources Code Section 26650 et
seq. and Article XIII D of the California Constitution, the Board adopted
Resolution No. 2000/168 declaring an intent to order an assessment on the
conditionally annexed property, ordering an assessment ballot proceeding, and
setting a public hearing to consider all protests against the proposed
assessment.
6. Resolution No. 2000/168 declares the Board's intention, consistent with the
requirements of Article XIII D of the California Constitution, to order that the
costs and expenses of maintaining and operating the GHAD improvements
necessitated by annexing Subdivision 8188 to the GHAD, be assessed against
the property conditionally annexed to the GHAD,
7. Resolution No. 2000/168 declares the Board's intention to assess the property
conditionally annexed to the GHAD, for the fiscal year 2000/2001 and for
subsequent years, for all or part of the amounts set forth in the Engineer's
Report, attached to Resolution No. 2000/168 as Exhibit B, and prepared
pursuant to the provisions of Public Resources Code Section 26651 and Article
XIII D, Section 4 of the California Constitution.
8. Resolution No. 2000/168 states that the Board will conduct a public hearing (the
"Hearing") on Tuesday, June 13, 2000 at 10:00 a.m. in Room 107 of the Board of
Supervisors' Chambers, 651 Pine Street, Martinez, California 945553.
9. Resolution No. 2000/168 directs the Public Works Director to mail to owner(s) of
each parcel upon which the assessment will be imposed a copy of such
Resolution, along with the Notice of Assessment (attached as Exhibit C to the
Resolution), the Notice of Adoption of Resolution (attached as Exhibit D to the
Resolution), the Assessment Ballot (attached as Exhibit E to the Resolution), and
the Engineer's Report (attached as Exhibit B to the Resolution).
10. Resolution No. 2000/168 directs the Clerk of the GHAD to deliver all the
Assessment Ballots received from record owners to the Board prior to the start of
the Hearing. The Resolution states that the Board will then consider all protests
RESOLUTION NO. 200013 5 7
against the proposed assessment and tabulate the Assessment Ballots. The
Resolution states that in tabulating the Assessment Ballots, the Assessment
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, as defined by Section 4(e) of Article XIII
D of the California Constitution and Government Code Section 53753(e)(2). The
Resolution states that if there is no majority protest, the Board may authorize the
assessment.
11. Subsequent to the adoption of Resolution No. 2000/167 and Resolution No.
2000/168 and the mailing of the Assessment Ballots, it was discovered that
certain real property not intended to be annexed or assessed was erroneously
included in the area described in Resolution No. 2000/167 and Resolution No.
2000/168. To correct the area intended to be annexed and assessed, the Board
has adopted a further Resolution clarifying the annexed area and excluding the
real property erroneously included in Resolution No. 2000/167 and Resolution
No. 2000/168. As provided in Public Resource Code Section 26581, the Board
of Supervisors of Contra Costa County also has adopted a further Resolution
approving the annexed area, as corrected.
NOW, THEREFORE, the Board of Directors of the Wiedemann Ranch Geologic
Hazard Abatement District FINDS, CERTIFIES, and RESOLVES that:
1. The above recitals are true and correct.
2. The Public Works Director provided notice of the Hearing as described above in
accordance with Public Resources Code section 26652, Government Code
Section 53753(b), and Article XIII D, Section 4 of the California Constitution.
8. The Hearing was hold before this Board on June 13, 2000 at 10.00 a.m. At the
Hearing, the Board heard and considered any and all protests to the proposed
assessment. At the Hearing, the Clerk of the CHAD delivered to the Board all
the Assessment Ballots received from record owners of property within the
annexed area. The Board tabulated the Assessment Ballots and weighted them
according to the proportional financial obligation of the affected property. The
Board then closed the Hearing.
4. Based upon the tabulation of the Assessment Ballots, the Board finds that there
is not a majority protest. Therefore, the Beard is authorized to levy the proposed
assessment pursuant to Public Resources Code Section 26653 and Article XIII
D, Section 4 of the California Constitution.
5. The Board hereby orders that the costs and expenses of maintaining and
operating the CHAD improvements necessitated by the annexation of
RESOLUTION NO. 2000/3 5 7
- � '
Subdivision 8188 (Lyon-Henry Ranch) to the CHAD shall be assessed against
the annexed property. The annexed property subject to the assessment shall
include all of the real property described in Exhibit A attached to this Resolution
and shall exclude that portion of Assessor's Parcel No. 209-100-002 lying
outside the boundary described in attached Exhibit A.
6. 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 annexed to the GHAD shall be as provided in the Engineer's Report.
7. 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 the property annexed to the GHAD for the 2000/2001 fiscal
year and for subsequent fiscal years. Each subsequent parcel created as a
result of City of San Ramon Subdivision 8188 shall be assessed $555.00 per
parcel per year, plus the above-described CPI adjustment.
8. The Board further orders that the assessment shall be levied and collected in the
following manner:
(a) As provided in Public Resources Code Section 26654, 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 annexed 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.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
Orig. Dept.: Public Works Department (Special Districts) ATTEST
ED-
HIL BATCHELOR,Clerk of the Board
Contact: Skip Epperly, 313-2253 61of supervisors apda CountyAdministrator
BY ptdY
RESOLUTION NO. 2000%
cc: Assessor
Auditor-Controller
County Administrator
County Counsel
P.W.
-Accounting
- Special Districts
Wm. R. Gray & Co., Attn: Bill Gray (via P.W.)
McCutchen, Doyle, Brown & Enersen; Attn: Kathleen McDonald (via P.W.)
RESOLUTION NO. 200013 5 7
JUNE 8r low
SUEBMSION 8188-BOUMURY
E"181 "8"
.RW PROPERTY IN TRE CIIY OF SAN RAMAN, COUNn OF COffM COSTA, STA7Z OF CALIFOMVA
D1s XXISED AS FOLWWS.
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CGi1kfWON LINEAS DR'SCRI W W W DF: W 7V NWX X MCORDED JI dMH I,INA W NOOK 1177,.4 T
PAGE 405 ANL)RF.CORDJS!'3 MOCK 13, 1954, DV BOOK 2441, AT PAGE'414 CONM COSTA C0t1NT7
RECORDS,SA1DPowALSO BEING ON T7a LEXIS m SAN R"oNCITYLAd7T1.INE:
,MMCF AkayUWD 1t WffOF WAY LBaAND C17YLIW2T=SOMW 28°50'05"FAST, 658.42 FEET
TO A POJNT ON' 771E AlOff NDRfi1YW 'ST=Y LANE OF 7M PARCEL Of LAND DAWAMD AS
'EXCEPnNU TNBRBFRClM:'4V S,UiD 19NAIrDSM(1177 0R 405):
Tiles$ LEd VXG SAID RtC, r 0? W4 LIJVV AND ALONG 7W MOST NOR7`IlNUMLY AND
50U7"tNft5STf.RLYlDW OFSAID PARCEL "MBPT7NG T WAMOM.-'(1177 OA 40.5). M PoatMM
COURSES 50=02*57'S4"WMT; 277.S4FEET
T1izNc&NORTH22654'10"WMT,29 86PEEr:
THENCE SOUTH 63606'12-WEST, 414.92 FEET
TlffAC& SOUTH 940 51.08"UST. 131.51 FRET 7n A POM aV THE'UOSr soUnrMASTEitLY LINE OF
SAID AWAY pm(x177 OR 403):
97wx&ALONG SAIDSOUTIlLtS77 rLm(j 177 OR 403),SO=64°42'52 WREST, 132661 FEET TO
ANRNDLE POMO1V'7TIL 141DZXIS M 5AN RAAMCIlT LWT LfiM
TMC'E LE4FM.SAID=MG SAN ALWN CHT LWT LM AND CONTMM ALOM =SAID
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.)11TJl r r me OF in Pxopo=SUBDIw 8188 AS SFloWN av T17B YBsma
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LOS OF TIC PROPOM S"LJB'DIMJW 8184 7W FOLLOW1N0 COUP, NORTH 246 22'53" MT.
931.56 FEET TOAPONT OFNgN-TANG VCr.-
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NON=TANMT CURYP» CONGA KD NORMU.S &Y, TJW RADIUS POINT OF WWR JLM MMW
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TOA PC VtT 0FJVUV•TANGFISWr.-
THENC&SOUM 830 4P 1S"WW,405.00 FEET.
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IWWA NORM 23°12'25"WW. 481.98 PUr 710 A PO&T ON r=MQSrN0AYHW8STXW LM OF
SAM Mt+IJtYDEW(2441 OR 432):
QPr9lVPl TIMP .11Ik A a- laaM PUNT TIM; !Uk A "'A XHIBIT A
TMWCE, LEAnNG ZAS4"SAID MA4T SOU77mESTERLr Law OF PICOPOSED smDI1'ISIOI+I 8180 AND
ALONG SAID MWJV RTI+WMMYLWE(2441 OR 432).NOWN 64.47'35"LaT, 1070.12 MT*TO AN
ANGLE Pt7WTOF7WE GUNALWWCIMLWTL
MWC4 ALONG T7Z SAID EXWW UV$"ON C17Y LIMIT LINE AND Cf'JN, 'ITN WG ALOJVG SAID
N0R7hVW=YLINE(2411 OR 432)NORM 64°47'`35"EAST, 14S3.99 FEET ZW A"T WESTMY
CORNER OFYMPARCEL OFL+lNDDMCJRlBED 9V ZWE DEED I'U 7W SANRAA CORGRLS(T OF
JLWVAH'S WnNESSEfi CA. INI^.., R1000RDED OCTOBER 3, 1994, MR= 94.247303, SAID COCM
THENCE SOUTH 67'04'43"EAST 216.51 fEET`IV A PONT OF NLN-TANI9ENT CURYA7tJRA7 NAMNO A
RADIUS OF 155.00 FEM.CavcAYE SOU77W "F.A,1't"Z"mRLY,RADIUJ POD1!'B $OulW"f 11"3s"UST,
THENCE, SOUTFfflZ=)tLI, ALONG THE ARC OF SAID =V& K4V NG A DEL'T'A OF 02°49144"t A
LANti771'OF 7.65 F1j2''M A POINT'ON 77M MOST SOU7"fWLY LAVE OF SAID JEII VAII'S W17NEDES
PARCEL(94.247303),
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U S4 FEET;
TIIFNCF, LEAMG SAM ad12TT'SOUZMRLYLINE(94-247303).MDATH61.00'35 FASZ,37.96 FEET,
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THEN
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Wl1NESSM I (94-247303);
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nmyc,& Lu vzvG sA1t9 AlmT Sours EtISTFtrLT1VA~,Nom,78°S9'OS"wmT.8.28 rm
MEN=NOR7H16°00'55 Wr 21.21! ""LET;
C$NORM 61"00'35"BAST,58.50 FEES';
TTiNCF SOUTif 28°59'05 EAST. 2&13 FFJT M SAM MOSTSOWMRMY IM(94-247"3):
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7n SAID EMTNG 14E 67'SY(nWW Z 2'RRLY AUGHT OF W.AY LINE OF&W RAAfOV VALLEY JOULEVARD;
T77ENC'X ALONG UM)WHT OF WAY LXAF SUIWH 28•S9'03"MST, 521.37 FEZT TO 7NE POINT OF
BECiA►N1NG,
Yug POR77ON Ur'INS DMJV WaY*MR W-M "ALONG THE MOST ,TINE'or
T7a "oposso SVAL1lYZS1Yw !16'8 il'X1CX SKULL ULt1U42SLY AGM i!HK Ml 3'MDIV lON
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SVBDIp7SION 8188
BE4)WG AND DZ"!"ANC.IaS ARE RASED ON 7W CA M)WLt COOADNdTF SWIM AUD 27 ZONE J.
TO OBTAW GRovND DzTANr=114UL2lPLr or 1.0001014
EXHIBIT A
RECEIVED TIME JUN, 8, 8:24AM PRINT TIME JUN. 8. 8:26AM TOTAL P.O3
77MNCF, LEtnNG ZASr SAM)A=sOr1TmpEsTERLY Lin OF PROpmw sU9DIYlSION 8188 AND
ALO.NO SAID)AV61 vom'wft'FmFvtLrLxE o"i OR 02),NORTH 64.47'!3"E.i'.37; 1070.12 FE T*1*0 AN
.+tWLE F VffOF 7W EMnYU SW NAMW WrLWt L
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N LINE(244100 W)NORM 64°47'35"LM, 14S3.99 MT �?THE l�dWT WI�SWtLY
CO)WAR OF 7W PAR=OFLrdND DIOCAMED IN ZWE DMD 70 ZW WRAYON CONGREG4M V`OF
JF,HOYAX'S W17NE.&'i'ES, CC DC. AWORWD OC7t78ER 3, 1994, .4ER= .94 247303, SAM COW?
RECt7V��: .
771MC4 SOUTH 67.04'43"EAST,216.31 FSb770 A POINT OF AIG-TANGENT CURYATM HAimV'iD A
AADIUSOF155.00MT CaVC4VES0VTHI.AS7F,, R4DIUSPODTBEdlt11 $OWN44.11'35"UST,
TIIEN= SOUTIMIWESTERLT, ALONG =ARC OF SAID CMVZ HAYd1+1[2 A DELTA OF 02'49' 44" A
LANOTT!''01*7.65 FEET TOA PUNT ON 771E 8d?S't'SOUtIff"LAZE OF SAID JF,NOYANT WTI7VE8SF.S
PARC' (N447303);
THEV'C9 NON-TANGENT ALONG SALD AAt7iSt'SOUTHERLY L1N8(04-24 7$ft NORTH 8a•01'of"BAV,
84 S4 FEET,
771ENCZ LFUMGSAM 1t(1257"SOLTTfIWYLIKE 04-247. 03),NORTH 61°00'sic".E ST,,37.96 FEET,
771ENCF SOUTH 73°59'03"LJ,$T.11,21 PUT;
THENCr,SOMW 28.59'05"&AS9;5.24 FEET TO THE MWS'OLTHEASTMYL1NE OF S41D JEXOYAR'S
WITNESSES PARCEL(194247303);
TIIEWL ALONG SAM MSI"SOU lff-Vr ,LYLTNE(94 347!03),NORM 64°47'""FAST 46,10 FEET;
TMWCA LL",+tVZ G SAID MMT'S0V7? I, TER T INS',4VOR7X 28'59'05"WMT„8 28 PUT,'
77NNM NOR7wle 0035"L4n 21.21 F"ml.
T)MVC$NORTi#61100'55"WT.58.so FEET:
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EXHIBIT A
RECEIVED TIME JUN. 8, 8:24AM PRINT TIME JUN. 8. 8:26AM TOTAL P-03
'
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, AS THE BOARD
OF DIRECTORS OF THE WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT
DISTRICT
Adopted this Resolution on June 13, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DeSAULNIER, CANCIAMILLA and GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20001 3 5:6
SUBJECT: Correcting Resolution No. 2000/167 and Resolution No. 20001168 to
Exclude Real Property Erroneously Included in Area Conditionally
Annexed to the Wiedemann Ranch Geologic Hazard Abatement District
("GHAD").
This Resolution is made with reference to the following facts:
1. On May 21, 1985, pursuant to the provisions of Section 26550 of the Public
Resources Code, the Board of Supervisors of Contra Costa County adopted
Resolution No. 851276 declaring that said Board is subject to the provisions of
Chapter 2 of Division 17 (Section 26525 et seq.) of said Code and forwarded a
copy of such resolution to the State Controller.
2. On September 1, 1998, the Board of Supervisors of Contra Costa County
adopted Resolution No. 981 ordering the formation of the Wiedemann
Ranch Geologic Hazard Abatement District ("GHAD") and appointing itself as the
board of directors of the GHAD.
3. Pursuant to the provisions of Division 17 (Section 26500 et seq.) of the Public
Resources Code, a petition was filed with the Clerk of the Board, dated February
23, 2000 (the "Petition"), for the annexation of City of San Ramon Subdivision
8188 (Lyon-Henry Ranch) to the GHAD.
4. On March 21, 2000, the Board adopted Resolution No. 2000/119 accepting the
Petition and setting a hearing on the Petition for April 11, 2000.
5. A public hearing before the Board on the proposed annexation to the GHAD was
held on April 11, 2000. At the time set for the hearing, no owner of real property
RESOLUTION NO. 2000/ 3 5 6_
to be annexed to the GHAD had made a written objection to the annexation in
accordance with the provisions of Public Resources Code Section 26564. At the
hearing, the owners of more than 50 percent of the assessed valuation of the
property proposed to be annexed to the GHAD did not object to the annexation.
6. The Board closed the hearing and, by Resolution No. 2000/167 adopted on April
11, 2000, conditionally ordered the annexation of City of San Ramon Subdivision
8188 (Lyon-Henry Ranch) to the GHAD, as described in the Petition, with an
effective date of June 13, 2000, or such later date as the Board holds the public
hearing, tabulates the assessment ballots, and authorizes the assessment.
7. In accordance with Article X111 D of the California Constitution, the Board adopted
Resolution No. 2000/168 on April 11, 2000 proposing the levy of an assessment
on the annexed property for the purpose of defraying the costs and expenses of
maintaining and operating the GHAD improvements necessitated by the
annexed property. Notice of the proposed assessment was given and
assessment ballots were mailed to the record owner(s) of each parcel upon
which the assessment will be imposed. The Board has set June 13, 2000 as the
date for a public hearing on the proposed assessment, including the tabulation of
the assessment ballots submitted by the record owners. At the conclusion of the
public hearing, the Board may authorize the assessment if there is no majority
protest.
8. Subsequent to the adoption of Resolution No. 2000/167 and Resolution No.
2000/168 and the mailing of the assessment ballots, it was discovered that
certain real property not intended to be annexed or assessed was erroneously
included in the area described in Resolution No. 2000/167 and Resolution No.
2000/168.
NOW, THEREFORE, the Board of Directors of the Wiedemann Ranch Geologic
Hazard Abatement District RESOLVES that:
1. The above recitals are true and correct.
2. Resolution No. 2000/167 and Resolution No. 2000/168 are corrected to clarify
that the area conditionally annexed to the GHAD and subject to the proposed
assessment includes only the real property described in Exhibit A attached to
this Resolution.
That portion of Assessor's Parcel No. 209-100-002 lying outside the boundary
described in attached Exhibit A shall not be included in the area conditionally
annexed to the GHAD by Resolution No. 2000/167 and shall not be subject to
the assessment described in Resolution No. 2000/168.
RESOLUTION NO. 2000/ 3 5 6
3. Except as modified by this Resolution, all provisions of Resolution No. 2000/167
and Resolution No. 2000/168 shall continue in full force and effect.
Orig. Dept.: Public Works Department (Special Districts)
Contact: Skip Epperly, 313-2253
cc: Assessor [hereby certity that this is a true and correct copy of
Auditor-Controller an action taken and entered on the minutes of the
County Administrator Board of Sup7HIL
n the to shown.
County Counsel ATTESTED: TC
P.W. BATCHELOR,Clerk of the Board
-Accounting of Supervisors d CountyAdministrator
- Special Districts BY ,
Deputy
Wm. R. Gray & Co.
RESOLUTION NO. 2000/ 3 5 6