HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-235 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 5, 1998, by the following vote:
AyES. Supervisors Uilkema, Gerber , DeSaulnier, Canciamilla and Rogers
NOES: Done
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 98/ 2 5
SUBJECT: RESOLUTION ADOPTING A BENEFIT ASSESSMENT FOR COUNTY
SERVICE AREA M-30 (ALAMO SPRINGS), DANVILLE AREA.
The Board of Supervisors of Contra Costa ("Board") FINDS THAT:
1. On December 16, 1997, the Board adopted Resolution No. 97/695 forming County
Service Area M-30 (Alamo Springs),Danville Area("CSA M-30").
2. The property within CSA M-30 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"): police services,public street maintenance,park roadside landscape, and County public
street lighting. These are 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 Providing Services
for this service area,which was considered with the formation of CSA M-30 and is on file with the
Local Agency Formation Commission of Contra Costa County ("LAFCO").
3. Resolution No. 97/695 states that is is contemplated that CSA M-30 will be supported by
benefit assessments or special taxes
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4. On March 17, 1998, the Board adopted Resolution No. 98/121 a"Resolution Accepting
the Tentative Report, and Setting a Public Hearing to Consider Adopting a Benefit Assessment for
County Service Area M-30 (Alamo Springs),Danville Area." Resolution No. 98/121 and the
exhibits thereto described a proposed benefit assessment("Benefit Assessment').
5. Resolution No. 98/121 accepted the"Engineer's Report for the Contra Costa County
Service Area M-30 Alamo Springs),Alamo/Danville Area Benefit Assessment"(the"Engineer's
Report") attached to said Resolution as Exhibit A. Resolution No. 98/121 concluded that the
Engineer's Report constitutes the"Tentative Report for the Contra Costa County Service Area M-30
Alamo Springs, Alamo/Danville Area Benefit Assessment Service Charge Fiscal Year 1998-1999"
{the"Tentative Report").
6. Resolution No. 98/121 states that the Board will conduct a public hearing(the
"Hearing") on Tuesday May 5, 1998 at 2:00 p.m. in Room 107 of the Board of Supervisors'
Chambers, 651 Pine Street,Martinez, California 94553.
7. Resolution No. 98/121 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
Resolution as Exhibit C,and a copy of the Engineer's Report be attached to the Notice. Resolution
No. 98/121 directs the Clerk of the Board to give written notice of the Hearing pursuant to
Government Code section 6066.
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8. The Public Works Director and the Clerk of the Board provided notice of the Hearing in
accordance with Resolution No. 98/121.
9. The Public Hearing was held before the Board on Tuesday May 5, 1998 at 2:00 pm. 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 5 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 March 17, 1998 the Board adopted Resolution 98/121 "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-30 (Alamo Springs),Danville 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.
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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 Fiscal Year 1998/99 and any year in which the Benefit Assessment is to
be collected..
Orig.Dept.: Public Warks DepwaEperly(51 Districts)31.22i hereby certify that this is a true and correct
u: sw�vaee}'isto)iia-x�s3
Courcy counslsini°r copy of an action taken and entered on the
County Contro, minutes of the Board of Supervisors on the
Co-Aud4or-Controller
C"'ou`yD' date shown.
�ammaall}'DNeiapromt Dept.
D.Cutin,McCuichwn Doyle,Brown ds Encreen
Sid Carrie,Carrie Dmiopmau ATTESTED:!S PHIL BVATCH L , Clerk of the Board
of S ervisor nd Cou dministrator
gy Deputy
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