The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12142004 - SD6 TO: BOARD OF SUPERVISORS Contra Caste FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ` -- DATE: December 14, 2004 County SUBJECT: ADOPT Resolution No. 20041 accepting tabulation of mail-in bal2p o firmation of diagram and assessmeiA and.levy of street light charges for MS 01-0023 County Service Area L- 100, Concord area. (County Service Area L-100 Funds) (District IV)Project 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2004/ 657 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 01-0023. 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: -7-4WOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE z: APPROVE OTHER r SIGNATURE(g .i ACTION ION OF HOMO ON £ : APPROVED AS RECOMMENDED !OTHER 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. VOTE OF SUPERVISORS UNANIMOUS(ABSEINT ATTESTED AYES: NOE JOHN SWEETEN,Clerk of the Bo_r f Supervisors and ABSENT: ABSTAIN: County Administrator DM:cmm Byi G:\GrpData\SpDist\Board Orders\2004\12-14-04 BO MS 01-0023(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 R e lution No. 2004/**** accepting tab- ation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 01-0023 County Service Area L-100, Concord area. (County Service Area L-100 Funds)(District 1V) 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. CQNSEQVENCES OF NEGATIVE ACTION: This project will not be in compliance with the Conditions of Approval for MS 01-0023,and an alternative means to finance public right of way street lighting would have to be found. Public Works Department 255 Glacier give, Martinez DATE: December 14,2004 TO: Beard of Supervisors FROM: Maurice M. Shiu,Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS 01-0023 into CSA L-100 1, 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 01-0023 into County Service Area L-100 Lighting District held between October 26, 2004 and December 14, 2004 do hereby certify the fallowing 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 01-0023 YES 1 NO 1 further certify that the total number of ballots cast in the proposed annexation of MS 01-0023 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:crnm GAGrpData\SpDist\Board Orders\2004\12-14-04 BO MS 01-0023(Hearing).doc cc: D.Mnrabe,Special Districts THE BOARD OF SrTt"ERVISORS OF CONTRA COSTA CC NTY,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.2004/657 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for MS 01-0023 County Service Area L-100, Concord area. (District IV)Project 7394-6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On October 26, 2004, the Board of Supervisors adopted Resolution No. 2004/577 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. 2004/577 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. 2004/577 directed the Engineer of Work (Public Works Director)to mail to the property owners within MS 01-0023 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 01-0023 (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 01-0023 for fiscal year 2005/2006 to be collected on the tax rolls. DM:cmm I hereby certify that this is a true and correct copy C:1CrpData\SpDist\13oard Orders12004112-14-04 BO MS 01-0023(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 Doreen(313-2253) cc: Assessor ATTESTED:DECEMBER 14,2004 AudCounty AdmAdministrator JOHN SWEETEN Clerk of the Board of County Adrninisrratar County Counsel Supervisors and County Administrator D.Morabe,Sp.Dist. s t By .,., ;` v =� ,y Deputy Resolution No.2004/6 5 7 County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 117-030-021 Annexation Of: MS 01-0023 Record Owner: Providence Housing Partners II 1700 N. Broadway#290 Walnut Creek., Ca 94596 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. lgnature of Record (O'caner or Authorized Representative of the above identified parcels. A)o J 2 2 dp Date