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Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-401 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution p sol tion an June 25, 2002,by the fallowing vats: AYES: Supervisors Gerber, Uilkelna, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/ 401 SUBJECT: Adopt Resolution No. 2002/401 accepting the engineer's report and fixing a public hearing on August 13, 2002 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 Sub 8379 (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 7 parcels. 2. On May 16, 2002 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 XED 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 2001/2002 (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. SE:JR:sr I hereby certify that this is a true and correct copy of an action taken and G.1GrpData\SpDist\JRl20021L-100 Annexations\Sub 8379 BO.doc Orlg.Dir. Public Works(Special Districts) entered on the minutes of the hoard of Supervisors on the date shown. Contact: Skip Epperly(313-2253) W. County Administrator ATTESTED: Jl rie 2 Assessor Auditor-Controller JOHN SWEETEN,Clerk of the Board of Supervisors and County Community Development Administrator County Counsel 1.Rushton.Sp.Dist. BY Deputy R FSO .1 JTION NO.20(72114M EXHIBIT A CONTRA COSTA COUNTY COUNTY SERVICE AREA L-100 STREET LIGHTING DISTRICT Property Owner's List Parcel Assessor's Parcel Number Owner's Name/Address 1 117-030-045 Tracy Glen Partners, LP 4 Oak Forest Road Novato, Ca 94949 **** The new Assessor's Parcel Numbers are not available at this time. New Assessors parcel numbers will be sent to the Contra Costa County Public Works Department as they are available. 1.00 Street Lighting Factors/Parcel. EXHIBIT B FINAL ENGINEER'S REPORT STREET LIGHTING SERVICE CHARGE COUNTY SERVICE AREA L-100 FISCAL YEAR 2001/2002 The undersigned, acting on behalf of Contra Costa County, respectfully submits the enclosed Engineer's Report as directed by the Contra Costa County Board of Supervisors, pursuant to the provisions of Article YM, Section .4 of the California Constitution, the County Service Area Lava (Gov. Code, 25210.1 et seq.) and Division 1012 of the Contra Costa County Ordinance Code. The undersigned certifies that she is a professional engineer,registered in the State of California. Dated: 4 1 1 1/ b 7� B � 0 y: Fleatlotalleniger Assistant Public Works Director RCE No. 41746 COUNTY SERVICE AREA L-100 ENGINEER'S REPORT ADDENDUM Sub 8379 Parcel Assessor's Parcel Description Factor Unit Proposed Number Assessment FY 03/04 1 117-030-045 SINGLE 1.0 $14.940 FAMILY Fund Tax Bill Basic Street Total Dollars Factor Units Literal Lighting Charge 2401 CSA L-100 $14.94 $535,650.74 35850.50 Proposed CSA L-100 $14.94 $104.58 7.00 Annexation New CSA L-100 $14.94 $535,755.32 35857.50 Totals Notes: 1) 7.0 Street Lighting Factor Units at$14.94 each=$104.58 2) Total Dollars and Factor Units taken from CSA L-100 Final engineer's Report for the 2001/2002 Tax Roll and approved by the Board of Supervisors on July 10,2001. ASSESSMENT DIAGRAM OF Sub 8379 Contra Costa County County Service .Area L-100 Street Lighting District (Place copy of map here) LEGEND 14� �. ............. . rS: AREA TO BE ANNEXED a4�'lkc�6 n tyy a J/ �'�. ....... .. P.O.B. POINT OF BEGINNING xi,f�.• � f �� fr SITE A.P.N. 117-030-045 AREA 2.11 ACRE ` 0aJ4s1#7� ', VICINITY MAP LAUREL DR. ao SCALE 1"=100' i ! a_ I LANDS OF KAEMPER LANDS OF ROPER 1995-100614 1998-0049050 0023 0 R-20 117-03-046 ....N 60'16' W APPLICANT :•:-:•:°:-:-:-:•:°:•:°:-:•:°:•:•:°:•:-:°:•:-:•:•:•:•:-:•:•:•:• :•::•:-::°:•:° :-:•:•:•: -- ! TRACY GLEN PARTNERS, LP, ......:..:.... O ......... ........XATI.......... A CALIFORNIA PARTNERSHIP I .-.-.-.-.-.-.PROPOSED ANNEXATION: ::::AREA 2.11oao� 4 OAK FOREST RD. ::::........................°......: :......:..: -- .� NOVATO CA. 94949 u3 :°:::::°::°::::::::°::°:::::::::::°::::=:................. �' PHONE {707) 7472880 W :,:.:.::`:.:.:•:.:•::•:•:°:-:•:::•:•:=-:--::•:•:.:.:.:•:.:-:,:_:y:.:•:•••:.:...;:"-'.- mw ! s 47.44' E-.::-:.•:::.•.:•::.::-.•.-:: ' ! "� ` °+ '',..:.:...:::.:....:::... CIN ..... .......................I.................. S 68*1f'..E...°311 .4'. LANDS OF ROWE LANDS OF AVI BEN—ARI 1997-0150553 1999--0097459 R10 117-030-021 R-10 117-030-029 No.18783 Exp.lt-30-05 cava. ► , 1<ALI LARRY R. SCOGGINS DATE R.C.E. 18783 EXP. 6-30-05 HEX 'L ENGINEERS MAP OF PROPOSED ANNEXATION 823 JEFFERSON ST,, SUITE "A' TO COUNTY SERVICE AREA FAIRFIELD, CALIFORNIA 94533 707 425 6744 L-100 LIGHTING DISTRICT CONTRA COSTA COUNTY` DATE 15 MAY, 2002 EXHIBIT C BALLOT NOTICE Why did you receive this Ballot? When your development was approved, there was a requirement (condition of approval) to annex the parcel(s) into the County Service Area L-100 Lighting District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the street lighting within the public right of way. The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. How.Much is the Assessment? For single family homes, the assessment will be $14.94 per year. The total amount levied by the assessment, with regards to this development is approximately$104.58 per year. Why should you Tote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will this Assessment Increase in the Future? The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election. What does the Assessment Fund Allow? The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way. How was my Assessment Calculated? The totalcost to provide and maintain street lighting improvements is allocated to each property based on estimated special benefit received. Essentially, each single family home in the development is allocated the same assessment. An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897. Method ea,f Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to July 29, 2002 or you may hand carry your ballot to the Public Hearing on August 13, 2002. Ballots received after the close of the Public Bearing cannot be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned, weighted by their assessment, are opposed to the assessment, the assessment will not be imposed. Ballot Procedures This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County Service Area L-100 Lighting District. The ballot maybe used to express either support for or opposition to the proposed County Service Area L-100 Lighting District within this development. In order to be counted, this ballot must be signed and dated in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf of a corporation, partnership, trust or other entity must also indicate title or office below the identification of the property owner (e.g., trustee, President, General Partner, etc.) If the property is owned jointly (e.g., common, joint tenants) one or both property owners may sign the ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same, the ballot counts as one vote. If both owners vote differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a"zero" vote. Public Hearing The hearing will be held on August 13, 2002 at 9:30 a.m. in the Board of Supervisors Chambers, County Administration Building, 651 Pine Street, Martinez, CA 94553. Results of the returned ballots will be announced after the close of the public testimony portion of this meeting. At this hearing, the Board will take final public testimony and take action on whether or not to levy the assessments based upon the testimony and ballots received. 4n July 10, 2001, as an attachment to Resolution 01/254, the Board of Supervisors adopted the "Final Engineer's Report To The Board of Supervisors For Establishing A Street Lighting Service Charge For Fiscal Year 2001/2002". That report recommends levying of a street lighting charge as provided in the County Service Area Law, Government Cade sections 25210.1, and following and in accordance with Ordinance No. 79-42, adopted by the Board of Supervisors on March 27, 1979. This addendum supplements that report by providing support for levying such an assessment on the parcels described in Exhibit A after they are annexed into County Service Area L-100 ("CSA L-100"). Total Assessment/Charge On CSA L-100 1n the event that the proposed assessment is levied,the total amount chargeable to CSA L-100 will be $14.94 per parcel. Assessment on Each Parcel Each parcel described by Exhibit A shall be assessed$14.94 in Fiscal Year 2003/04. Methodology for Calculating Street Lip-htine Assessments The "benefit received" is based on a sliding scale of 1 basic unit charge for a single family dwelling unit to as much as'8 basic unit charges for a large apartment complex. The service charge for each County Service Area is based upon several factors such as (1) cost required to pay the Pacific Gas & Electric Company's current monthlyelectrical bill; (2) the number and types of parcels within each Service Area; (3) a reserve fund for Administrative and Accounting services provided by the County and; (4) unforeseen expenses such as electrical rate increases. The assessment revenue is used to pay for the total costs of operating the street light system and those costs are apportioned among the various parcels in the County Service Area(CSA) L-100 Lighting District. EXHIBIT D County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.. 117-030-045 Annexation of. Sub 8379 Record Owner: Tracy Glen Partners, LP 4 Oak Forest Road Novato, Ca 94949 Yes, I approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date June 25, 2002 Tracy Glen Partners, LP 4 Oak Forest Road Novato, Ca 94949 Dear Property Owner: RE: Annexation of Sub 8379 Enclosed is your ballot regarding the proposed annexation of Sub 8379 into the County Service Area L-100, Street Lighting District. Time is of the essence. Please cast your vote upon the ballot and return to the Contra Costa County Public Works Department(envelope enclosed)no later than July 29,2002. The Public Hearing will be held on Tuesday, August 13, 2002 at 9:30 a.m. in the Board of Supervisors' Chambers, County Administration Building, 651 Pine Street, Martinez, California. Please feel free to contact me at 313-2253, if you need any further assistance in this matter. Very truly yours, Skip Epperly Special Districts Coordinator SE:sr G:\GrpData\SpDistVR\20d2\L-100 Annexations\Sub 8379 BO.doc Enclosure cc: M.Shiu,Director H.Ballenger,Engineering Services M.Morton,Engineering Services J.Rushton,Special Districts BALLOT NOTICE Why did you receive this Ballot? When your development was approved, there was a requirement (condition of approval) to annex the parcel(s) into the County Service Area L-100 Lighting District and for an annual assessment to be imposed on every parcel in your development to pay for the cost of maintaining the street lighting within the public right of way. The passage of Proposition 218 requires a vote on all new assessments and this is why you received this Ballot. .Haw Much is the Assessment? For single family homes, the assessment will be $14.94 per year. The total amount levied by the assessment, with regards to this development is approximately$104.58 per year. Why should you Vote? Your vote will decide if the assessment will be imposed. Only returned ballots will be counted. Will this Assessment Increase in the Future? The Benefit Zone does not intend to increase the assessment, and it cannot be increased without another election. What does the Assessment Fund Allow? The assessment allows the Benefit Zone to provide and maintain street lighting within the public right of way. How was my Assessment Calculated? The total cost to provide and maintain street lighting improvements is allocated to each property based on estimated 'special benefit received. Essentially, each single family home in the development is allocated the same assessment: An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, CA, 94553-4897. Method of Voting Only returned ballots or written letters which identify the property and specify the property owners' support or opposition are counted. Mail your ballot in the self addressed postage paid envelop or deliver it in person to the Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553 prior to July 29, 2002 or you may hand carry your ballot to the Public Hearing on August 13, 2002. Ballots received after the close of the Public Hearing cannot be counted. Ballots are weighted by the amount of assessment that would be paid. If a majority of ballots returned, weighted by their assessment, are opposed to the assessment, the assessment will not be imposed. Ballot Procedures This ballot is for the sole use of the property owner(s) of the parcel identified herein which is located within the County Service Area L-100 Lighting District. The ballot maybe used to express either support for or opposition to the proposed County Service Area L-100 Lighting District within this development. In order to be counted, this ballot must be signed and dated in the space provided by an owner or, if the owner is a partnership or a corporation, by an authorized representative of the owner. Those executing this ballot on behalf of a corporation, partnership, trust or other entity must also indicate title or office vrow the identification of the property owner (e.g., trustee, President, General Partner, etc.) If the property is owned jointly (e.g., common, joint tenants) one or both property owners may sign the ballot. There is only one ballot for each property even though the property may have more than one owner. If both owners of the property vote the same, the ballot counts as one vote. If both owners vote differently, one in support and one opposed, then the votes cancel each other out and the ballot will have a"zero"vote. County Service Area L-100 Lighting District Annexation .Ballot Assessor's Parcel Nos.: 117-030-045 Annexation of: Sub 8379 Record Owner: Tracy Glen Partners, LP 4 Oak Forest Road Novato, Ca 94949 Yes, I approve of the proposed annual assessment of $14.94 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of $14.94 on each of these parcels. Signature of Record Owner or Authorized Representative of the above identified parcels. Date CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT AFFIDAVIT OF MAILING In the Matter of Mailing of ) Ballots,Notice of Assessments ) And Notice of Adoption of ) Resolution; County Service Area ) L-100 Street Lighting Annexation; ) I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid, a true and correct copy of the above referenced material to the following. Assessor's Parcel Nos.: 117-030-045 Annexation of. Sub 8379 Tracy Glen Partners, LP 4 Oak Forest Road Novato, Ca 94949 I declare under penalty of perjury that the foregoing is true and correct. Dated , at Martinez, California. Sherri Reed G:\GrpDatalSpDistUR\20021L-1 W Annexations\Sub 8379 BO.doc Contra Public Warks Department Maurice M.ihiu 255 Glacier(give Public Works Director Costa Martinez, CA 94553-4897 R.Mitch Avalon County Phone: (925)313-2000 Deputy•Engineering Fax: (925)313-2333 Patricia R.McNamee Deputy-Operations Julia R.Bueren May 34, 2002 Deputy-Transportation LETTER OF TRANSMITTAL TO: Annamaria Perrella County Administrator's Office, 8th Floor WE ARE SENDING YOU: ,(X)Attached, ( Under Separate Cover, the fallowing items: Copies Description 1 Petition for Annexation of SUS 8379, plus checks, metes and bounds, map and letter of request to annex. THESE ARE TRANSMITTED as checked below: (X) For approval ( ) Approved as submitted ( ) Reviewed—no additional comments ( } For your,use ( ) Approved as noted ( ) Reviewed—see additional comments ( ) As requested ( ) Returned for corrections ( ) Return corrected prints ( ) For review and comment ( ) copies retained for our files ( ) Sign and return_copies Remarks. If you have any questions or changes, please contact Joan Bushton at 313-2286. Thank you. an A. Bushton Engineering Techni n Special Districts (526) 313-2286 :sd GAGrp0ata1Sp0ist1JR12002\L-100 AnnexationASUB 8379 LAFCo's transmittal.doc PETITION FOR PROCEEDINGS PURSUANT TO THE CORTESE-KNNOX- HERTZBERG LOCAL GOVERNMENT REORGANIZATION ACT OF 2000 The undersigned hereby petitions the Contra Costa Local Agency Formation Commission for approval of a proposed change of organization or reorganization and stipulates as follows: 1) This proposal is made pursuant to Part 3,Division 3, Title 5 of the California Government Code, commencing with Section 56000. 2) The specific changes of organization proposed is: Annexation (Annexation, detachment, re-organization, etc.) 3) The boundaries of the territory included in the proposal are as described in Exhibit A and B (metes and bounds description and map) attached hereto and by this reference incorporated herein. 4) The territory included in this proposal is (inhabited- 12 or more registered voters) or 0 uninhabited. 5) This proposal 0(is) (is not) consistent with the spheres of influence of any affected city or district. 6) The reason for the proposed change of organization or reorganization is: County Condition of Approval(SUB,MS,DP,LP) SUB 8379 7) The persons signing this petition have signed as (registered voters) or @r(owners of land). Please see attached letter of request to annex. 8) If the formation of a new district is included in the proposal: a) The principal act under which the district is proposed to be formed is b) The proposed name of the new district is c) The boundaries of the proposed new district are as described in Exhibits A& B incorporated. 0 (Not Applicable to CSA L-100) 9) If incorporation is included in the proposal, the name of the new proposed city is and provisions are requested for the appointment of a city manager yes no, city clerk and city treasurer yes no. M (riot Applicable to CSA L-100) 10) If the proposal includes the consolidation of special districts, the proposed name of the consolidated district is E( (Not Applicable to CSA L-100) Petitioners request that proceedings be taken in accordance with the provisions of Section 56000,et seq., of the Government Code and affix signatures as follows: Chief Petitioners (not to exceed three): Residence Date Printed Name Signature Address APN* Please see attached letter of request to annex. *APN-Assessor's Parcel Number if landowner petition G.%Crp®etalSpWNLf WO8r%L,100 AwAnd""US 1174 LAFCO's Norm for CSA Anamdem.dee Tracy Glen Partners,LP, A California Partnership 4 Oak Forest Road Novato, California 94949 707 747-2880 May 14, 2002 Ms. Annamarie Perrella Executive Officer LAFCO 551 Pine Street e Floor Martinez, CA 94553 RE: Tracy Glen Subdivision—Assessor's Parcel Number 117-030-045 Dear Ms. Perrella This letter will serve as our request to annex our property to County Service Area L-100 landscape and lighting district. The required legal description, plot map and fees are included with our request. Should you have any questions regarding our application please do not hesitate to contact me. Sincerely, Jahn La mond General Partner ANNEXATION TO COUNTY SERVICE AREA L-100 ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; Being a portion of Lot 52, as shown on that certain map entitled "R. N. Burgess Company's Map 1, Ayers Ranch Subdivision, Contra Costa County, California, being a portion of Rancho Monte Del Diablo", as filed July 2, 1912, in Book 7 of Maps, Page 170, Contra Costa County Records, more particularly described as follows: Beginning at the Southeast corner of that parcel of land described in the deed from Neal L. Binam, et ux to Fritz Englund, et ux, recorded October 23 1962, in Book 4228 of Official Records, Page 450; thence from said point of beginning North 60* 161 00" West, 338.41 feet along the South line of said Englund Parcel (4228 OR 450) and the Westerly extension thereof, to a point lying South 600 16" 00" East, 30.00 feet from the centerline of the road known as Ayers Road; thence South 290 441 00" West, 244.50 .feet, to a point on the South line of said Lot 52; thence along the South line of the said lot, South 47* 441 00" East, 27.67 feet and South 600 161 0011 East, 311.40 feet to the Southwest corner of that parcel of land described in the deed from Roy S. Veregge, et ux, to David Bernhard Olson, et ux, recorded March 20, 1946, in Book 896 of Official Records, Page 333, thence North 290 441 00" East along the West line of the said Olson Parcel (896 OR 333) , 250.50 feet to the point of beginning. APN 117-030-045 ANNEXATION TO COUNTY SERVICE AREA L-100 ALL THAT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; Being a portion of Lot 52, as shown on that certain map entitled "R. N. Burgess Company's Map 1, Ayers Ranch Subdivision, Contra Costa County, California, being a portion of Rancho Monte Del Diablo", as filed July 2, 1912, in Book 7 of Maps, Page 170, Contra Costa County Records, more particularly described as follows: Beginning at the Southeast corner of that parcel of land described in the deed from Neal L. Binam, et ux to Fritz Englund, et ux, recorded October 23 1962, in Book 4228 of Official Records, Page 450; thence from said point of beginning North 60* 161 00" West, 338.41 feet along the South -line of said Englund Parcel (4228 OR 450) and the Westerly extension thereof, to a point lying South 600 161 00." East, 30.00 feet from the centerline of the road known as Ayers Road; thence South 290 441 00" West, 244.50 ' feet, to a point on the South line of said Lot 52; thence along the South line of the said lot, South 470 441 00" East, 27.67 feet and South .60* 16' 00" East, 311.40 feet to the Southwest corner of that parcel of land described in the deed from Roy S. Veregge, et ux, to David Bernhard Olson, et ux, recorded March 20, 1946, in Book 896 of Official Records, Page 333, thence North 290 441 00" East along the West line of the said Olson Parcel (896 OR 333) , 250.50 feet to the point of beginning. APN 117-030-045 w� 9 I� t • a R ♦ s � R it s � • 1 f • 1 1 ! R R � w � l � i ♦ a � R � a � � � a a t �' R i ■ ♦ R � a ♦ 0 • ! A l t HEX-' L ENGINEERS ' 1 ' PROPOSED ANNEXATION 823 JEFFERSON ST., SUITE TO COUNTY SERVICE • EA FAIRFIELD, CALIFORNIA 94533 1 L-100 t DISTRICT CONTRA / COUNTY DATE MAY, 11 SUBJECT: Adopt Resolution No. 20021 401 accepting the engineer's report and fixing a hearing on August 13, 2002 to consider levying an assessment for additional parcels to be annexed to Countywide L-100 Lighting District DATE: June 25, 2002 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 10, 2001. 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. Now, Therefore The Board Of Supervisors ORDERS AND RESOLVES As Follows: 1. The Board will conduct a public hearing (the "Hearing') on August 13, 2002 at 9:30 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. RESOLUTION NO. 2002/401