HomeMy WebLinkAboutRESOLUTIONS - 03182008 - 08-182 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 18, 2008 by the following vote:
AYES: GIOIA, UILKEMA, BONILLA, and GLOVER
NOES: None
ABSENT: PIEPHO
ABSTAIN: None
RESOLUTION NO. 2008/ ( �
SUBJECT: ADOPT Resolution No. 2008/ initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967 and one commercial
parcel; declaring the intent to annex territory into LL-2; authorizing noticing to the affected
property owners and fixing a public hearing for May 13, 2008, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds)(District 2) Project No.: 4500-6X5244
The Board of Supervisors of Contra Costa County FINDS THAT:
1. The County is currently processing Vesting Tentative Map 05-8967 (the "Development").
2. On February 6, 2007, the applicant for Subdivision 05-8967 submitted a request to the Department of
Public Works for inclusion of Subdivision 05-8967 into Countywide Landscape District 1979-3 (LL-2)
Zone 75. The County intends to initiate proceedings to annex the subdivision into LL-2 Zone 75
pursuant to that request.
3. Section 22607 of the California Streets and Highways Code provides that the annexation of territory
into an existing assessment district be conducted in accordance with the same procedures as the
formation of a new assessment district.
4. Section 22585 of the California Streets and Highways Code requires the Board to adopt a resolution
initiating the proceedings for the annexation of territory into a Countywide Landscape District 1979-3
(LL-2) Zone 75, and further requires that the Board order the preparation and filing of an Engineer's
Report with the Clerk of the Board.
5. Section 22586 of the California Streets and Highways Code requires the Board to approve the
Engineer's Report annexing territory into Countywide Landscape District 1979-3 (LL-2) Zone 75 either
as filed or as modified.
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Orig.Div: Public Works(Special Districts)
Contact: Warren Lai (313-2180)
cc: County AdministratortratorI hereby certify that this is a true and correct copy of an action
Assessor taken and entered on the minutes of the Board of Supervisors on
Auditor-Controller
the date shown.
County Counsel
Francisco&Associates,130 Market Place,Suite 160,San Ramon,CA 94583 /heoBoard
ATTESTED: ®CJOHN CULLEN, Clerk of of Supervisors and County
Administrat
By Deputy
RESOLUTION NO. 2008/ 1�7Y"
SUBJECT: ADOPT Resolution No. 2008/147.initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967 and one commercial
parcel; declaring the intent to annex territory into LL-2; authorizing noticing to the affected
property owners and fixing a public hearing for May 13, 2008, Pacheco area. (Countywide
Lighting and Landscaping District (LL-2) Funds) (District II) Project No.: 4500-6X5244
DATE: March 18, 2008
PAGE: 2 of 3
6. Section 22587 of the California Streets and Highways Code requires the Board to adopt a resolution
declaring the intention to order the annexation of territory into Countywide Landscaping District 1979-3
(LL-2), to fix a public.hearing regarding the annexation of territory into LL-2.
7. Section 22588 of the California Streets and Highways Code requires the Board to comply with the
notice, protest, and hearing procedures in Section 53753 of the Government Code.
NOW, THEREFORE THE BOARD OF SUPERVISORS ORDERS AND RESOLVES AS FOLLOWS:
1. Pursuant to Section 22585 of the California Streets and Highways Code, the Board initiates the
annexation of territory into a Countywide Landscape District 1979-3 (LL-2) Zone 75, and further
requires that the Board order the preparation and filing of an Engineer's Report with the Clerk of the
Board.
2. The improvements to be made within LL-2 are generally described as the operation, maintenance and
servicing of parks, landscaping, irrigation, lighting and associated facilities located in and along arterial
and collector streets and within other public areas as referenced in the Mid Year Annexation
Preliminary Engineer's Report for the Fiscal Year 2007/08 on file with the Public Works Director.
3. Pursuant to Section 22586 of the California Streets and Highways Code, the Board accepts the Mid Year
Annexation Preliminary Engineer's Report (Exhibit A) annexing territory into Countywide Landscape
District 1979-3 (LL-2) Zone 75. This report contains a full and detailed description of the
improvements, the boundaries of the assessment district and the proposed assessments upon assessable
lots and parcels of land within the assessment district.
4. Based upon its review of the Mid Year Annexation Preliminary Engineers Report, the Board finds that:
(a) The special benefit financed by the assessments will directly benefit the parcels within each of
the zones.
(b) The cost of the proposed assessments within each zone is proportional to the benefits that the
special benefit will confer on each parcel.
RESOLUTION NO. 2008/ jig
SUBJECT: ADOPT Resolution No. 2008/162- initiating proceedings to annex territory into Countywide
Landscaping District 1979-3 (LL-2), Zone 75; accepting the LL-2 Mid-Year Preliminary
Engineer's Report (Zone 75) Fiscal Year 2007/2008, Subdivision 05-8967; declaring the intent to
annex territory into LL-2; authorizing noticing to the affected property owners and fixing a public
hearing for May 13, 2008, Pacheco area. (Countywide Lighting and Landscaping District (LL-2)
Funds) (District II)Project No.: 4500-6X5244
DATE: March 18, 2008
PAGE: 3 of 3
5. Pursuant to Section 22587 of the California Streets and Highways Code, the Board declares the intention
to order the annexation of territory into Countywide Landscaping District 1979-3 (LL-2) Zone 75.
6. Pursuant to Section 22588 of the California Streets and Highways Code 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 their designee to mail the written
notice of the Hearing (the `Ballot Notice") and ballots to each of the record owners of each parcel
within the developments.
7. The Board will conduct a public hearing (the "Hearing") on March 18, 2008 at 9:30 a.m. in Room 107
of the Board of Supervisors' Chambers, 651 Pine Street, Martinez, California 94553.
8. 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.
9. If there is no Majority Protest, the Board may adopt a resolution which: confirms the Mid Year
2007/2008 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 Annexation Report for the Assessment; confirms the
Annexation Report; and levies the Assessment for the Fiscal Year referred to in the Engineer's Report.
RESOLUTION NO. 2008/ ��