HomeMy WebLinkAboutRESOLUTIONS - 04221997 - 97-201 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on 04/22/1997 by the following vote: /
AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/ 201
SUBJECT: RESOLUTION ACCEPTING THE ENGINEER'S REPORT AND SETTING A
PUBLIC HEARING TO CONSIDER LEVYING AN ASSESSMENT FOR
ADDITIONAL PARCELS TO BE ANNEXED TO COUNTY SERVICE AREA
L-100
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Subdivision 7456 (the "Development') consisting
of six parcels, more specifically described in Exhibit A.
2. On March 6, 1997, the applicant for the Development submitted a request to the
Department of Pubic 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 service. 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 XIII D 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 Lighting Service Charge for Fiscal Year 1996-1997" (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 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 adopted the Engineer's Report for the Countywide Street Light Program
on July 9, 1996. Based on its review of the Engineer's Report, the Board found 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 June 10, 1997 at 10:30
a.m. in Room 107 of the Board of Supervisors' Chambers, 651 Pine Street, Martinez,
California 94553.
RESOLUTION NO. 97/201
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 "Notice") attached
as Exhibit C to the record owners of each parcel within the development. The ballot (the
"Ballot") attached as Exhibits D and the Engineer's Report shall be attached to the
Notice.
3. The Board directs the Clerk of the Board to give written notice of the Hearing
pursuant to Section 6061 of the Government Code.
4. 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 protests 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.
5. 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.
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Orig.Dept.: Public Works Department(Special Districts)
Contact: Skip Epperly,313-2253
cc: County Administrator f hereby Cal"that thte Is a true and Comsat COPY of
Assessor an action taken and entered on the minutes of the
Auditor-Controller Board of Supe ora oe the date shown.
Community Development AMSTSM
County Counsel of 0d
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RESOLUTION NO. 971 201