HomeMy WebLinkAboutRESOLUTIONS - 09091997 - 97-480 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopfed this Resolution on September 9, 1997, by the following vote:
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/ 480
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND FIXING A PUBLIC HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR PARCELS TO BE ANNEXED TO
COUNTYWIDE LANDSCAPING DISTRICT
(LL-2) ZONE 63.
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 7903 (the "Development") consisting of 87
parcel(s), more specifically described in Exhibit A.
2. On June 4, 1996 the applicant for the Development submitted a request to the Department of
Public Works for inclusion of the Development into Countywide Landscaping District (LL-2) Zone 63.
The County intends to initiate proceedings to annex the Development into Countywide Landscaping
District (LL-2) Zone 63 Pursuant to that request.
3. Once the Development is annexed into Countywide Landscaping District (LL-2) Zone 63, the
parcels within it will receive a Special Benefit over and above that received by the general public in the
form of landscape improvements as defined in Section 22503 of the Streets and Highways 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') on each such parcel. 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 Engineer's Report to the Board of Supervisors for Establishing Countywide
Landscaping District(LL-2) Zone 63 for Fiscal Year 1998/99 is attached as Exhibit B. The Engineer's
Report meets the requirements of a report under Article 4-Sections 22565 through 22573. The
Engineer's Report includes: a description of each parcel of real property receiving the special benefit,
the estimated Assessment chargeable to each parcel , the total Assessment chargeable to Zone 63
from the parcels within the Development; the methodology supporting the assessment, and the
duration of the Assessment.
6. Based upon its review of the Engineer's Report, The Board finds that:
(A)The Special Benefit 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 Special Benefit will confer on each parcel.
Now, "Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the"Hearing") on October 28. 1997 at 11:00 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. The Board directs the Public Works Director to make immediately available for viewing to the
public at the office of the Public Works Department, 255 Glacier Drive, Martinez, California, a copy of
the Engineer's Report.
3. The Board directs the Clerk of the Board to give written notice of the Hearing pursuant to Section
6061 of the Government Code.
4. 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.
5. 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.
SE:JR:
g:\EngSvc\SpDist\.Sub7903.Res
Orig.Dept.: Public Works Department(Special Districts) G hereby co,my that this is a true and correct copy of
Contact: Skip Epperly,313-2253qn action taken and entered on the minutes of the
cc: County Administrator Board of Supe Is°8 . 97
Assessor ATTESTED:
Mm on u8ie
Auditor-Controller ofBUPNV ��D Adml m %
Community Development
County Counsel
Resolution No. 97/480