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Home My WebLink AboutRESOLUTIONS - 12091997 - 97-660 D11) THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9, 1997, by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla and DeSaulnier NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 97/ 660 SUBJECT: RESOLUTION ADOPTING A BENEFIT ASSESSMENT FOR COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY), SAN RAMON AREA. The Board of Supervisors of Contra Costa("Board")FINDS THAT: 1. On May 21, 1996, the Board adopted Resolution No. 96/238 forming County Service Area M-29 (Dougherty Valley), San Ramon Area ("CSA M-29"). 2. The property within CSA M-29 will receive a special benefit over and above that received by the general public in the form of the following types of extended services (the"Extended Services"): extended police services and construction, operation and maintenance of parks,trails, recreation areas, open space, special landscape areas, library,community center, senior cewer, corporation yard, flood control and storm drain facilities, internal road network(including bicycl;, paths and park and ride lots), and other extended County facilities and services as prescribed in Government Code sections 25210.4 et seq. These services, in particular, are set forth in the Plan for CA973350.027 Providing Services for this service area,which was considered with the formation of CSA M-29 and is on file with the Local Agency Formation Commission of Contra Costa County ("LAFCO"). 3. Resolution No. 96/238 states that it is contemplated that CSA M-29 will be supported by benefit assessments or special taxes. 4. On October 14, 1997, the Board adopted Resolution No. 97/552 a"Resolution Accepting the Tentative Report, and Setting a Public Hearing to Consider Adopting a Benefit Assessment for County Service Area M-29 (Dougherty Valley), San Ramon Area." Resolution No. 97/552 and the exhibits thereto describe a proposed benefit assessment("Benefit Assessment"). 5. Resolution No. 97/552 accepted the"Engineer's Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment" (the "Engineer's Report") attached to said Resolution as Exhibit A. Resolution No. 97/552concluded that the Engineer's Report constitutes the"Tentative Report for the Contra Costa County Service Area M-29 (Dougherty Valley), San Ramon Area Benefit Assessment Service Charge Fiscal Year 1997-1998" (the "Tentative Report"). 6. Resolution No. 97/552 states that the Board will conduct a public hearing (the "Hearing") on Tuesday December 9, 1996 at 2:00p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. 7. Resolution No. 97/552 directs the Public Works Director of Contra Costa County ("Public Works Director")to mail the written notice of the Hearing(the "Notice"), attached to said Resolution as Exhibit B, to the record owners of the parcels identified in Section 4 of the Tentative Report. It directs that a ballot(the"Assessment Ballot") in the form of the ballot attached to said 2 CA973350.027 Resolution as Exhibit C, and a copy of the Engineers Report be attached to the Notice. Resolution No. 97/552 directs the Clerk of the Board to give written notice of the Hearing pursuant to Government Code section 6066. 8. The Public Works Director and the Clerk of the Board provided notice of the Hearing in accordance with Resolution No. 97/552, 9. The Public Hearing was held before the Board on Tuesday December 9, 1996 at 2. 00p.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553. At the Public Hearing, the Board heard and considered any and all protests to the proposed Benefit Assessment. At the Public Hearing, the Clerk of the Board delivered to the Board all the Assessment Ballots received from record owners of parcels identified in Section 4 of the Tentative Report. The Board tabulated the Assessment Ballots and weighted them according to the proportional financial obligation of the affected property. The Board then closed the Public Hearing. 10. Based upon the tabulation of the Assessment Ballots,the Board finds that there is not a majority protest which would defeat the Benefit Assessment. Therefore, the Board is authorized to adopt, approve and levy the Benefit Assessment under Section 4 of Article XIII D of the California Constitution and to adopt the Benefit Assessment under Article 1012-2.6 of the Contra Costa County Code. 11. On December 2, 1997 the Board adopted Resolution 97/ 634'Authorizing a Special Election for a Special Tax and Proposing Adoption of a Special Tax to Provide Funding for Extended Services for County Service Area M-29 (Dougherty Valley), San Ramon Area." If this special tax is approved, the Board presently anticipates that the Extended Services will initially be financed by the special tax rather than the Benefit Assessment. 3 CA973350.027 Now,therefore,the Board of Supervisors ORDERS AND RESOLVES THAT: 1. The Board hereby adopts and approves the Benefit Assessment and confirms the Tentative Report. However,by this Resolution,the Board does not levy the Benefit Assessment.Pursuant to Article 1012-2.6 Contra Costa County Code the Board may,by resolution,levy the Benefit Assessment during any fiscal year in which the Benefit Assessment is to be collected i nereby certify that this is a true and correct copy of an action taken and entered on the minutes of the ariS'DOPL: Pubhe w°rics i)gwbnad(BPxd DuWaw) Board of S Isors on th date shown. cc: Skip F.ppaty(510)3132253 q Colany Admm>sambw ATTESTED' 6Q.ri. 1 q -��.. . cbaatycommd PHIL BATCHELOR,Clerk of the Board AvdRo*-CantrdUer upervisom County Adm Istrator �y Anwar C-nm-ily Dwelop o"DTL Christian TruebriclM Shapetl ludw tries Deputy sawn�wiad®ero ltarrad 1'atners Adam U Lis Ipm McC ukhm Dosch Brown et Eneeea 4 CAM350.027 -S. BALLOT Assessor's Parcel Nos.: APN#206-050-006 APN#206-050-007 APN#206-050-008 APN#206-050-009 APN#206-050-010 APN 4206-050-011 APN 40206-050-012 APN 4206-090-x04 APN#206-090-005 APN 0206-090-006 APN 4206-090-007 APN 4206-090-008 APN#206-090-009 APN#206-090-010 APN 4206-090-011 Total Parcels 15 Record Owner: \Windemere Manch Partners Address: 1350 Treat Boulevard Suite 560 Walnut Creek,CA 94596 t1 Yes,I approve of 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 of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. Si!t-i, re of Record Owner or Authorized Rep esentative of the above-identified parcels. BALLOT Assessor's Parcel Nos.: APN#206-230-001 APN #217-060-004 APN#217-060-005 APN#217-060-025 APN#206-240-003 APN#206-240-004 APN#206-240-005 APN#206-240-008 APN#206-240-009 APN#206-246-010 APN 9206-240-011 APN 4206-250-003 APN#206-050-004 APN#206-050-008. APN#206-.120-001 APN#206-120-002 APN#206-080-001 APN#206-040-002 APN#206-040-003 APN 9206-040-004 Record Owner: Shapell Industries,Inc. Address: 100 North Milpitas Boulevard Milpitas, CA 95035 Attention J. Christian Truebridge Yes,I approve of 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 of the proposed annual benefit assessment described in the attached Notice on the property described by the parcel numbers identified in this ballot. Signa re of Record Owner or Aut ed Representative of the above-identified parcels. CA972890.031