HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-207 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 15, 2001,by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER, AND UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2001/207
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 MS970016 (the "Development") consisting of 1 parcel, more
specifically described in Exhibit A. The ultimate number of parcels to be created from this development
will be 3 parcels.
2. On November 8, 2000 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 1012-2.406 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 XHID 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 2000/2001 (the"Engineer's Report") is attached as Exhibit
B. The Engineer's Report meets the requirements of a tentative report under Article 1012-2.602 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.
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 11,2000.
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.
SE JR sd
\\PWS4\Sl-IARDATA\GrpData\SpDist\Board Orders\
2001\05 MayWS970016 1.100 Package 5-15-01 doc
Orig.Div: Public Works(Special Districts)
Contact: Skip Epperly(313-2253)
cc: County Administrator
Assessor
Auditor-Controller
Community Development
County Counsel
RESOLUTION NO. 20011207
SUBJECT: RESOLUTION ACt—cPTING THE ENGINEER'S REPORT ,ND FIXING A PUBLIC HEARING
TO CONSIDER LEVYING AN ASSESSMENT FOR ADDITIONAL PARCELS TO BE
ANNEXED TO COUNTYWIDE L-100 LIGHTING DISTRICT
DATE: MAY 15, 2001
PAGE: 2
Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows:
1. The board will conduct a public hearing (the"Hearing") on July 10, 2001 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 protest 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.
ATTEST May 15 2001
JOLEETEN Ierk of the Board
f an Ty ministrator
By Deputy
7
RESOLUTION NO. 2001/ 207