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HomeMy WebLinkAboutRESOLUTIONS - 06032008 - 08-381 THE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY, CALIFORNIA Adopted this Resolution on June 3, 2008 by the following vote: ; AYES: Gioia,Uilkema,Piepho,Bonilla&Glover NOES: none I ABSENT: none ABSTAIN: none RESOLUTION NO. 2008/:5e SUBJECT: ADOPT Resolution No. 2008/ accepting the Engineer's Report for County Service Area L-100, Minor Subdivision 05-0024; declaring the intent to levy and collect assessments and fixing a public hearing for July 22, 2008 to adopt the proposed annual assessments and complete public noticing, El Sobrante area. (County Service Area (CSA) L7100 Funds) (District I) Project No.: 7394-6X5001 The Board of Supervisors of Contra Costa County FINDS THAT: . 1. The County is currently processing Minor Subdivision 05-0024 (the "Development") consisting of one (1)parcel that is .61 acres and will be divided into two (2) lots. 2. On February 5, 2008, 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 CSA L-100 Engineer's Report to the Board of Supervisors for establishing a street, light service charge for Fiscal.,Year 2007/2008 (the "Engineer's Report") is attached as Exhibit A. s 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. JW:ab G:\spDist\Board orders\2008\6-3-08Board Reso(Fixing)-Ms05-0024.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: Warren Lai(313-2180) cc: County Administrator the date shown. Assessor / Auditor-Controller ATTESTED: 40 ( n Community Development County counsel JOHN CULLEN,Clerk of the Board of Supervisors and County Administrator B Deputy RESOLUTION NO.2008/ SUBJECT: ADOPT Resolution No. 2008/ accepting the Engineer's Report for County Service Area L-100, Minor Subdivision 05-0024; declaring the intent to levy and collect assessments and fixing a public hearing for July 22, 2008 to adopt the proposed annual assessments and complete public noticing, El Sobrante area. (County Service Area(CSA) L-100 Funds) (District I) Project No.: 7394-6X5001 DATE: June 3, 2008 PAGE: 2 6. The Board has adopted the Engineer's Report for the Countywide Street Light Program on July 24, 2007. 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 July 22, 2008 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 B to the record owners of each parcel within the development. The ballot attached as Exhibit C 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 Annexation Report for the Assessment; confirms the Annexation Report; and levies the . Assessment for the Fiscal Year referred to in the Engineer's.Report.