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HomeMy WebLinkAboutMINUTES - 12142004 - SD5 TO: BOARD OF SUPERVISORS ..... Contra Costa FROM: MAURICE M. SHIU, PUBLIC WORDS DIRECTOR DATE: December 14, 2004 , o u n t SUBJECT: ADOPT Resolution No. 2004/650 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 01-0008 County Service Area L- 100, Alamo area. (County Service Area L-100 Funds) (District 111) Project 7394-6X5001 SPECIFIC REQUEST(S)OR RE.COMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2004 ,50 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 01-0008. FISCAL IMPACT: There will be no impact to the County General Fund. All costs will be covered with revenue from CSA L-100. Continued on Attachment:X SIGNATURE: _ COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _4,A`i'PROVE OTHER i SIGNATURE(S);" L.,`' ACTION OF BOARD ON ' APPROVED AS RECOMMENDED /' OTHER t ' I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VQTE OF SUPERVISORS UNANIMOUS(ABSENT a� ) ATTESTED. .„ AYES: NOES: ! JOHN SWEETEN,Clerk of the Board of.Supervisors and ABSENT: ABSTAIN: County Administrator DM:cmm By , G:\GrpData\SpD'rst\Board Orders\22004\12-I4-04 BO MS 01-0008(Hearing).doc Deputy Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. SUBJECT: ADOPT K,.,olution No. 2004/**** accepting t« .dation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 01-0008 County Service Area L-100, Alamo area. (County Service Area L-100 Funds) (District III)Project 7394-6X5001 DATE: December 14, 2004 PAGE: 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The developer is required by Condition of Approval to annex to the County's street light program, CSA L-100, for continued maintenance and operation of street lights. Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of the property owners voting on the proposed assessment. The Board Order and Resolution complies with the requirements for new assessments under Proposition 218. CONSEQUENCES OF NEGATIVE ACTION: This project will not be in compliance with the Conditions of Approval for MS 01-0008, and an alternative means to finance public right of way street lighting would have to be found. Public marks Departmenr 255 Glacier Drive, Martinez DATE: December 14, 2004 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT. Results of the Ballots Cast in the Proposed Annexation of MS 01-0008 into CSA L-100 I, Maurice M. Shiu, Public Works Director for the County of Contra Costa, State of California, having canvassed the return of all votes cast in the proposed annexation of MS 01-0008 into County Service Area L-100 Lighting District held between October 26, 2004 and December 14, 2004 do hereby certify the following to be a full, true and correct Statement of Results of all votes cast on the following measure: County Service Area L-100 Lighting District Annexation and Annual Assessment for MS 01-0008 YES 1 NO I further certify that the total number of ballots cast in the proposed annexation of MS 01-0008 into County Service Area L-100 Lighting District at said election was one and attached hereto are the total ballots received for and against annexation and assessment. DM:cmm G:\GrpData\SpDist\Board Orders\2004\12-14-04 BO MS 01-0008(Hearing).doc cc: D.Morabe,Special Districts County Service Area L-100 Lighting District Annexation .Ballot Assessor's Parcel Nos.: 192-260-016 RECEIVED Annexation Of: MS 01-0048 NOV 1 7 2004 Special Districts Record Owner: Robert Ahaesy 301 'Vernal Drive Alamo, CA 94507 _ Yes, I approve of the proposed annual assessment of$14.94 on the parcel identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on the parcel identified in this ballot. Signature of Record Owner or uth Representative of the above identif d cels. J Date THE BOARD OF S'TDERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 14,2004,by the following vote: AYES: SUPERVISORS GIOIA,UILKEMA,GREENBERG AND DeSAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL D. GLOVER ABSTAIN: NONE RESOLUTION NO.2004/6 50 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for MS 01-0008 County Service Area L-100,Alamo area. (District 111)Project 7394-6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On October 26, 2004, the Board of Supervisors adopted Resolution No. 2004/578 directing the filing of the engineer's report for street light charges for County Service Area L-100. As directed by the Board,the Engineer of Work has filed the engineer's report. 2. On October 26, 2004, the Board adopted Resolution No. 2004/578 declaring the Board's intention to levy and collect street light charges to operate and maintain facilities and services within CSA L-100 for fiscal year 2005/2006 and setting a public hearing for December 14, 2004. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2004/578 directed the Engineer of Work (Public Works Director) to mail to the property owners within MS 01-0008 the notices and ballots required by Section 4 of Article XIII D of the California Constitution (Proposition 218). 4. The notices and ballots have been mailed to property owners and the returned ballots are ready to be tabulated. NOW,THEREFORE,the Board FINDS,DETERMINES and RESOLVES that: 5. A public hearing was held before this Board on December 14,2004, at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within MS 01-0008(a proposed tabulation of those ballots). The Board heard and considered all protests against the proposed assessments and tabulated the returned ballots according to the proportional financial obligation of the affected properties. The Board also afforded to every interested person an opportunity to make a protest to the engineer's report, either in writing or orally, and the Board considered each protest. 6. A majority protest, as defined in section 4(e)of Article XIII D,does not exist. 7. The Board hereby confirms the diagram and assessment as set forth in the report of the Engineer of Work and hereby authorizes the levy of the street light charges set forth therein in MS 01-0008 for fiscal year 2005/2006 to be collected on the tax rolls. DM:cmru 1 hereby certify that this is a true and correct copy G:1CrrpData15pl7ist113oard Orders12004112-14-04 BO MS 01-0008(Hearing).doc of an action taken and entered on the minutes of Orig.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Eileen Doteen(313-2253) cc: Assessor ATTESTED: DECEMBER 14,2004 Auditor Controller JOHN SWEETEN, Clerk of the Board of County Administrator Supervisors and County County Counsel p Administrator D.Morabe,Sp.Dist. By s 'w v?. i. 3 eputy Resolution No.2004/650