Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-393 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 3, 1999, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAUINIER., AND CANCIAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 99/ 393 SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTYWIDE L-100 LIGHTING DISTRICT The Board of Supervisors of Contra Costa County FINDS THAT: 1. The County is currently processing DP 3001-91 (the "Development") consisting of one parcel, more specifically described in Exhibit A. The ultimate number of parcels to be created from this development will be one parcel. 2. On July 1, 1999 the applicant for the Development submitted a request to the Department of Public Works for inclusion of the Development into County Service Area L-100 (CSA L-100). The County intends to initiate proceedings to annex the Development into CSA L-100 pursuant to that request. 3. Once the Development is annexed into CSA L-100, the parcels within it will receive a special benefit over and above that received by the general public in the form of lighting services. This service is a "miscellaneous extended service" (the "Extended Service") as defined in Article 1012-2.405 of the Contra Costa County Code. 4. In order to fund the Extended Service that will be provided to the parcels within the Development, it will be necessary to levy a service charge (the "Assessment"). The service charge meets the requirements of an "assessment" under Article XIIID of the California Constitution because it is conferred to provide the special benefit, defined above, on the parcels within the development. 5. A copy of the "Addendum to the Final Engineer's Report to the Board of Supervisors for Establishing A Street Light Service Charge for Fiscal Year 1999/00 (the "Engineer's Report") is attached as Exhibit B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.502 of the Contra Costa County Code. The Engineer's Report includes: a description of each parcel of real property receiving the Extended Service, the Assessment Diagram, the total Assessment chargeable to the entire service area; the estimated Assessment chargeable to each parcel, the calculations supporting the Assessment, and the duration of the Assessment. 5. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 13, 1999. Based on its review of the Engineer's Report, the Board finds that: (a) The Extended Service financed by the Assessment will directly benefit the parcels within the development. (b) The cost of the Assessment on each parcel within the Development is proportional to the benefits that the Extended Service will confer on each parcel. RESOLMON NO. : 99/393 Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The board will conduct a public hearing (the "Hearing„) on October 12, 1995 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 2. The Board directs the Clerk of the Board to immediately provide the Public Works Director of Contra Costa County with a copy of this resolution. The Board directs the Public Works Director to mail the written notice of the Hearing (the "Ballot Notice") attached as Exhibit C to the record owners of each parcel within the development. The ballot attached as Exhibit D shall be attached to the Ballot Notice. A copy of the Engineer's Report is on File with the Public Works Department. 3. Immediately before the Hearing the Public Works Department shall tabulate the Ballots. At the Hearing, the Board shall consider any objections or protests to the Assessment and certify the tabulation of the Ballots. The Board shall not impose the Assessment if there is a majority protest. A majority protests exists if, upon conclusion of the Hearing, Ballots submitted in opposition to the Assessment exceed the Ballots submitted in favor of the Assessment. In tabulating the Ballots, the Ballots shall be weighted according to the proportional financial obligation of the affected property. 4. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Engineer's Report; levies the Assessment in the Engineer's Report; finds that the Director of the Contra Costa County Public Works Department, acting as the designated director, has concluded that the Engineer's Report conforms to the official assessment roll for the year in which the assessment will be collected and, therefore, constitutes the Final Report for the Assessment; confirms the Final Report; and levies the Assessment for the Fiscal year referred to in the Engineer's Report. 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. ATTESTED: Clerk-o he Board BATCHELGI of Supervisors and Cou y Administrator By Deputy RESOLUTION NO. 99/ 393 72? TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: AUGUST 3, 1999 SUBJECT: ADOPT THE RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100,DP 3001-91, BAY POINT AREA (WO 5001 ORG# 7394) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: 1. ADOPT the Resolution accepting the attached Engineer's Report for a lighting assessment on the parcels in DP 3001-91 to be annexed into County Service Area L-100. 2. FIX a Public Hearing for October 12, 1999 at 9:00 a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the ballots submitted for the proposed assessment, and levy the proposed assessment. 3. DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each parcel owner within the development in compliance with Proposition 218. Continued on Attachment:X SIGNATURi RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): C�d�� ACTION OF BOARD ON AUGUST 3, 19990kPPROVED AS hereby certify that this is a true and correct copy of an action RECOMMENDED X OTHER_ taken and entered on the minutes of the Board of Supervisors on the date shown. `VQTE OF SUPERVISORS xx UNANIMOUS(ABSENT ) AYES: NOES: ATTESTED: AUGUST 3, 1999 ABSENT: ABSTAIN: PHIL BATCHELOR, Clerk of the Board of Supervisors and County \\PWS kw 1pWS t ISHAitL7ATA\GrpDatalSpDisttpORrii5113oardOrderMasterFormsl Administrator L100 package.doc OAS.Div: public Works(Special Districts) Contact: Skip Epperly(313-2253) Qtr7� cc: County Administrator By Deputy Assessor Auditor-Controller Community Development County Counsel S'TBJECT: ADOPT RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIX A HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA L-100, DP 3041-91, BAY POINT AREA DATE: AUGUST 3, 1999 PAGE - 2 - IL Financial Impact: There will be no financial impact to the County General Fund. All costs will be covered with revenue from the Countywide Street Light District, CSA L-144. III. Reasons for Recommendations and Background: The developer is required by Condition of Approval to install street lighting fixtures and annex to the County's street light program, CSA L-100, for continued maintenance and operation of those fixtures. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. IV. Consequences of Negative Action: This project will not be in compliance with the Conditions of Approval for DP 3001-91, and an alternative means to finance public right of way street lighting would have to be found.