HomeMy WebLinkAboutRESOLUTIONS - 12192006 - 06-819 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 19, 2006 by the following vote:
AYES: SUPERVISORS LiILKEMA,
PIEPHO. GLOVER, AND GIOIA
NOES: NONE
VACANT: DIST'RIC'T IV
_ RESOLUTION NO. 2006/
SUBJECT: ADOPT Resolution No. 2006/ cepting the Final Engineer's Report for County Service Area
L-100, Subdivision 04-8905, declaring the intent to levy and collect assessments and fixing a
public hearing for February 6, 2007 to adopt the proposed annual assessments and complete
public noticing, Alamo area. (County Service Area L-100 Funds) (District III) Project No. 7394-
6X5001
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 04-8905 (the "Development") consisting of one (1)
parcels, more specifically described in Exhibit A.
2. On June 16, 2006 the applicant for the Development submitted a request to the Department of Public
Works for inclusion of the Development into County Service Area (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 parcel(s) 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 Section 1012-2.406 of the Contra
Costa County Code.
4. In order to fund the Extended Service that will be provided to the parcel(s) 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 XIIID of the California Constitution because it is conferred to provide
the special benefit, defined above, on the parcel(s)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 2006/2007 (the "Engineer's Report") is attached as Exhibit B.
The Engineer's Report meets the requirements of a tentative report under Section 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.
PE::sj
G:\SpDist\Board Orders\2006-Board Orders\12-19-06 BO Board Reso(Fixing)-SD 04-8905.doc I hereby certify that this is a true and correct copy of an action
Orig.Div: Public Works(Special Districts) taken and entered on the minutes of the Board of Supervisors on
Contact: Patricia Edwards (313-2286) the date shown.
cc: County Administrator
Assessor L
Auditor-Controller ATTESTED:
Comnnutity Development
County counsel JOHN CULLEN,Clerk of the Board of Supervisors and County
C.Field.Accounting Administrator
By -, Deputy
RESOLUTION NO. 2006/���
SUBJECT: ADOPT Resolution No. 2006/0-cepting the Final Engineer's Report for County Service Area
L-100, Subdivision 04-8905, declaring the intent to levy and collect assessments and fixing a
public hearing for February 6, 2007 to adopt the proposed annual assessments and complete
public noticing, Alamo area. (County Service Area L-100 Funds) (District III) Project No. 7394-
6X5001
DATE: December 19, 2006
PAGE: 2
6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 25, 2006.
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 parcel(s) 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 February 6, 2007 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 Department of Contra
Costa County with a copy of this resolution. The Board directs the Public Works Director, or designee
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. At the Hearing, the Board shall consider any objections or protests to the Assessment. Immediately after
the Hearing, the Public Works Department shall tabulate the ballots 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.
RESOL L'TION NO. 2006/