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HomeMy WebLinkAboutMINUTES - 07141992 - 1.33 1. 33 RESOLUTION NO. —92L47L RESOLUTION OVERRULING PROTESTS KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: On September 10, 1991, the Board of Supervisors opened a public hearing on the resolution of intention and the engineer's report on the proposed improvement in Kensington Roads Improvement Assessment District AD 1991-1. At or before the time set for hearing, certain interested persons made protests or objections to the proposed improvement, the extent of the assessment district or the proposed assessment. After listening to the protests or objections, the Board decided to close the hearing and defer the decision until June 16, 1992, after the Board received the results of the primary election which indicated a favorable vote for the assessment district. The Board of Supervisors hereby overrules each of these protests, written or oral. The Board of Supervisors finds that the protest against the proposed improvement (including all written protests not withdrawn in writing before the conclusion of the protest hearing) is made by the owners of less than one-half of the area of the land to be assessed for the improvement. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 14th day of July, 1992 . ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator. By RESOLUTION NO. 92/471 RESOLUTION NO. 92/472 RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: This Board of Supervisors has taken a series of actions preliminary to ordering the improvement in the Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, and now makes the following findings and orders: 1. The Board adopted a map showing the boundaries of the land benefited by the proposed improvement. A copy of the boundary map was filed in the office of the County Recorder of the County of Contra Costa in the Book of Maps of Assessment and Community Facilities Districts. 2. The Board adopted its Resolution of Intention to order the improvement described therein under the Municipal Improvement Act of 1913 , and directed Nystrom Engineering Corporation, as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: The improvement and rehabilitation of the public roadways in the Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, such work to include a combination of the following three (3) construction procedures: 1) Reconstruction of the roadway sub-base, base and pavement, as well as portions of the adjacent curb, gutter and sidewalk; 2) Placement of a blanket overlay of new asphalt pavement over the existing pavement; and 3) Placement of a slurry seal over the existing pavement. One of the three construction procedures listed above shall be applied to all of the public streets in the Kensington Roads Improvement Assessment District AD 1991-1. 3 . The Engineer of Work filed the report as directed, and the Board of. Supervisors called a hearing on the report as RESOLUTION NO. 92/472 required by Section 10301 of the Streets and Highways Code. Notice of the hearing was given by publication, by street posting and by mailing to affected property owners, all according to the Municipal Improvement Act of 1913. Affidavits of publication, posting and mailing were filed with the Clerk of the Board. 4 . At the time and place for which notice was given, the Board opened and closed the public hearing and deferred the decision in order to have the benefit of the results of the advisory ballot measure which was placed before the electorate on June 2, 1992 . The Board met on June 16 at which time the County Clerk gave the official Kensington vote on the June 2 primary election which indicated a favorable vote for the assessment district. The Board thereupon determined to approve the assessment district and directed the Director of Public Works to provide an amended engineer's report and appropriate documentation for the Board's consideration at its meeting on July 14 . 5. The Board finds that written protests against the proposed improvement have not been made by owners representing more than one-half of the area of the land to be assessed for the improvement. 6. The documents and events described in paragraphs 1 to 4, inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the Clerk of the Board. Document or Event Date Number a. Resolution approving boundary map 08/06/91 91/499 b. Boundary map filed with County Recorder 08/20/91 Dated C. Resolution of Intention 08/06/91 91/503 d. Filing of Engineer's Report 08/06/91 Filed e. Resolution accepting Report 08/06/91 91/504 f. Certificate of Mailing Notice of Improvement 08/13/91 Dated g. Affidavit of publication of Notice of Improvement 08/16/91 Dated h. Certificate of posting Notice of Improvement (streets) 08/16/91 Dated 2 RESOLUTION NO. 92/472 i. Public hearing conducted 09/10/91 j . Decision to approve district deferred to June 16, 1992 by Minute Order 09/10/91 k. Electorate Ballot Measure Vote 06/02/92 1. Filing of Amended Engineer' s Report 07/14/92 7. The Board approves the Amended Engineer's Report and each component part of it, including each exhibit incorporated by reference in the amended report. 8. The Board finds that the Engineer of Work, in the Amended Engineer's Report has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The Board hereby confirms and levies each individual assessment as stated in the Amended Engineer's Report. 9. This Board orders the improvement described in paragraph 2 and as detailed in the Amended Engineer's Report. 10. The Board finds that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, plus the principal amount of the special assessment proposed to be levied in the instant proceedings do not exceed one-half of the total value of the parcels proposed to be assessed. 11. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (120) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code) , and the last installment of the bonds shall mature eighteen (18) years from the second day of September next succeeding twelve (12) months from their date. 12 . According to Section 10603 of the Streets and Highways Code, the Board designates the County Treasurer to collect and receive payment of the assessments. Each assessment may be 3 REOSLUTION N0. 92/472 discharged in full by payment of One Thousand Three Hundred Dollars ($1, 300.00) . 13 . This project is categorically exempt (Class 1c) from CEQA. The Board hereby concurs in the determination that the project is exempt and will not have a significant effect on the environment, and hereby directs the Director of Community Development to file the Notice of Exemption with the County Clerk, and further directs the Public Works Director to arrange for payment of the $25. 00 handling fee to the County Clerk for filing of the Notice of Exemption. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on 14th day of July, 1992 . ATTEST: PHIL BATCHELOR, Clerk of Board of Supervisors and County Administrator By t. 4 RESOLUTUION NO. 92/472 1_ 33 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _ , 114 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson and Schroder NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: Ordinance (s) Introduced The following ordinance (s) having been introduced , the Board by unanimous vote of the members present waives full reading thereof and fixes July 21, 1992 as the time for adoption of same. Ordinance No. 92-46 Creating and Providing for a Contribution to the Payment of Assessments in Kensingtong Roads Improvement Assessment District AD 1991-1 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervise on the date shown. ATTESTED: /,f y'2 PHIL BATC LOR, lark of the Board of Supervisor and County Administrator By r)-maty AGENDA DATE: 19g2-07- l V ITEM#: onD Qz y 6 ITEM CONSIDERED WITH DELETED LISTED IN ERROR NO ACTION BACKGROUND NOT AVAILABLE AT THE TIME AGENDA PACKET COMPILED INFORMATION FOR THIS ITEM PREVIOUSLY FURNISHED ORAL REPORT TO BE GIVEN AT BOARD MEETING ERROR IN NUMBERING AGENDA ITEMS DOCUMENT ON FILE WITH CLERK NO PREVIOUSLY REMOVED CONSENT ITEMS WERE CONSIDERED X ORP 42• Vd not in 70,0Carel' at t.,., c 071" sca yl7,s rq