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Home My WebLink AboutMINUTES - 04161996 - C23 ?0: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: APRIL 16, 1996 SUBJECT: NOTICE AND RESOLUTION OF INTENTION TO ESTABLISH COUNTY SERVICE AREA M-29, DOUGHERTY VALLEY, SAN RAMON AREA. PROJECT NO.: 4500-6X5067 Specific Request(s)or Recommendation(s)&Background&Justification I. Recommended Action: ADOPT Notice and Resolution of Intention to establish County Service Area M-29 for Dougherty Valley in the San Ramon area; SET Public Hearing for formation of County Service Area M-29 for May 21, 1996, at 2:00 p.m. in the Board Chambers as the time and place for a public hearing on the proposed formation; and DIRECT the Clerk of the Board of Supervisors to complete the required pubic notification in accordance with Section 6061 of the Government Code. II. Financial Impact: The creation of County Service Area M-29, Dougherty Valley, (CSA M-29) will enable the County to finance extended public services without impacting the County General Fund and taxpayers outside the Dougherty Valley area. III. Reasons for Recommendations and Background: The Board of Supervisors adopted Resolution 96/610 on December 12, 1995, making application to the Local Agency Formation Commission of Contra Costa (LAFCO) for approval for the formation of a County service area in the Dougherty Valley area of Contra Costa County. On March 13, 1996, LAFCO Resolution LAFC 96-1 approved the proposal to form a County service area and designated the area as County Service Area M-29 (CSA M-29). The exterior boundaries of the new County service area were specified as Exhibit A to Resolution LAFC 96-1 and is on file and available to the public in the Office of the Executive Officer of LAFCO. Continued on attachment: X Yes SIGNATURE:Z k/ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON: Apr i 1 1 6 , 1 9 9 h APPROVED AS RECOMMENDED x OTHER IT IS BY THE BOARD ORDERED that Resolution No. 96/179 is ADOPTED. VOTE OF SUPERVISORS X UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: SE:pe g:\EngSvc\SpDist\BO\M-29 16.t4 1 hereby Certify that tht919 a tM8dndCKlrfBCtC70t Contact: Skip Epperly,(510)313-2253 an action taken and entered on the minUt�of the Orig.Div.: Public Works,Administration-Special Districts Board Of Sup r9 on cc: Auditor-Controller ATTESTED: Accounting PHIL BATC LOR,Cie of the Board S.Collins,Windemere and Associates opervis and Co u dministrator D.Curtin,McCutchen,Doyle,Brown,Enersen H.Moniz,City of San Ramon By T ,Deputy C.Truebridge,Shapell Industries C. �,3 COUNTY SERVICE AREA M-29, DOUGHERTY VALLEY APRIL 16, 1996 PAGE TWO III. Reasons for Recommendations and Background: (Continued) The formation of CSA M-29 will implement certain subdivision conditions of approval and implement the principals for appropriate development as described in the settlement agreement of Town of Danville, et al. v. Contra Costa County, et al., dated May 11, 1994. IV. Consequences of Negative Action: Without Board approval, the formation of the County service area will not take place, impairing further development by removing the funding mechanism for the provision of extended public services. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 16, 1996, by the following vote: AYES: Supervisors Rogers , Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 96/ 17 9 (Gov. Code§§ 57025-6,57050-1,57075(b), 25210.15,25210.16,25210.17) SUBJECT: NOTICE AND RESOLUTION OF INTENTION TO ESTABLISH COUNTY SERVICE AREA M-29 (DOUGHERTY VALLEY) SAN RAMON AREA. Acting as conducting authority under the Cortese-Knox Act (Government Code Sections 56000 et seq.), the Board of Supervisors of Contra Costa County hereby resolves and gives notice as follows: 1. On December 12, 1995, the Board of Supervisors of Contra Costa County adopted Resolution 95/610, making application to the Local Agency Formation Commission of Contra Costa County (LAFCO) for approval of a proposal for the formation of a County service area in the Dougherty Valley area of Contra Costa County. 2. On March 13, 1996, the Local Agency Formation Commission of Contra Costa County designated the proposal as the Formation of County Service Area M-29 (LAFC 96-1) and approved said proposal. 3. County Service Area M-29 is proposed to be established in accordance with the County Service Area Law (Government Code Sections 25210 et seq.) and the Cortese-Knox Act (Government Code Sections 56000 et seq.). The exterior boundaries of the new service area would be as specified in Exhibit A hereto or as shown in Exhibit A to Resolution LAFC 96-1 of the Local Agency Formation Commission of Contra Costa County approving the proposal, which is on file and available to the public in the Office of the Executive Officer of the Local Agency Formation Commission, 651 Pine Street, 8th Floor, Martinez, California 94553. 4. This boundary change proposal is subject to the following conditions, as imposed by the Local Agency Formation Commission: a. The services to be provided by County Service Area M-29 (CSA M-29) include the following types of extended services: extended police services and construction; operation and maintenance of parks, trails, recreation areas, open space, special landscape areas, library, community center, senior center, corporation yard, flood control and storm drainage facilities, and internal road network(including bicycle paths and park and ride lots); and other 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, on file with the Local Agency Formation Commission of Contra Costa County. b. As territory of CSA M-29 is annexed into the City of San Ramon upon request of the County, the City of San Ramon or the affected property owners, LAFCO is to waive the application of Government Code Section 25210.9 so that the property being annexed can stay within the County service area pursuant to Government Code Section 56375(p). C. The extension or construction of any previously authorized charge, fee, assessment or tax by the County in affected territory. 5. It is contemplated that the service area will be supported solely by user fees and benefit assessments or by special taxes authorized pursuant to Government Code Sections 25210.6a, RESOLUTION NO. 96/ 17 9 l ;+ 5. It is contemplated that the service area will be supported solely by user fees and benefit assessments or by special taxes authorized pursuant to Government Code Sections 25210.6a, 23027 and/or 50075 et seq. The regular County assessment roll will be used for the collection of such fees and assessments in the affected territory and for collection of any taxes that may be approved. 6. The purpose of the County service area is to provide extended public facilities and services in the territory described in Exhibit A hereto. This provision of extended services is more fully presented in the Plan for Providing Services for this service area, on file with the Local Agency Formation Commission of Contra Costa County. 7. The affected territory for this boundary change has been determined to be legally uninhabited. 8. The Board of Supervisors of Contra Costa County will conduct a public hearing on the proposed formation of CSA M-29 on Tuesday, May 21, 1996, at 2:00 p.m. in the Chambers of the Board of Supervisors, 651 Pine Street, Martinez, California 94553. At that time, anyone wishing to speak for or against the proposal will be heard and any evidence will be received. 9. At the hearing, all interested persons or taxpayers for or against the establishment of the area, the extent of the area, or the furnishing of any specified type of extended services will be heard. At the hearing, protests or objections against the establishment of the area, the extent of the area, or the furnishing of any specified type of extended services may be made orally or filed in writing. Any owner of land within the affected territory may file a written protest against the establishment of the area, the extent of the area, or the furnishing of any specified type of extended services with the Clerk of the Board of Supervisors at any time prior to the conclusion of the hearing. Any written protest is to show the date the protest is signed, the name and address of the person filing the protest, whether the person is the owner of land in the area, and the street address or other description sufficient to identify land owned by the protestor. Any protests pertaining to the regularity or sufficiency of the proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. SE:pe g:\EngSvc\SpDisf\BO\M-29 16.t4 I h==hat that this is a true and Correct copy of Contact: Skip Epperly,(510)313 2253 an action taken and entered on the minutes of the Roam of rs o the dateh wn. Orig.Div.: Public Works,Administration-Special Districts ATTESTED. ' cc: Auditor-Controller PHIL BATG LOO Cleft of the Board Accounting endn r AdministratID or S.Collins,Windemere and Associates D.Curtin,McCutchen,Doyle,Brown,Enersen BY "UtY H.Moniz,City of San Ramon C.Truebridge,Shapell Industries RESOLUTION NO. 96/17 9 ;L3 J 4ic4-1 -1)P11 Cry 0 -�.��, j''•W :.: 1i.; '', ..,moi'.` / - . r�tlaa>•1tWa11a# 11� ! �, Ia t C fit' 711') J ♦ - ' 11 ♦� 111 / 1 �. Shapell 1111;0� (Gale Ranch) Windemere ✓4`j , 2.740 ac. i;" (Gumpert Ranch) 2.360 ac. - .. 1J�U - :. \\_ �1J • �cific Gas am Electric_ Ea3e ti U.S. Army (Camp Parks Reserve Forces Training Area) �\ tea+ 910 ac. +a1.+aa•""�~ �pllS All maps derived from base materials provided by property owners. • /4 l l Figure 3-2 Property Ownership and Easements SOURCE: Dougherty Valley Draft Specific flan 3.3