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Home My WebLink AboutMINUTES - 12142004 - SD8 f � F r f TO: BOARD OF SUPERVISORS Contra FROM. MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: December 14, 2004 County SUBJECT: ADOPT Resolution No. 2004/659 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for SD 8755 County Service Area L-100, North Richmond area. (County Service Area L-100 Funds) (District I)Project 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2004/659 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for SD 8755. 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: 4,,RVCOtV MENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE t.-APPROVE OTHER SIGNATURES)'` l._ ACTIONOF BOAic ON F � � #'v � APPROVED AS RECOMMENDED OTHER s 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 s x UNANIMOUS(ABSENT`41X* ) ATTESTED AYES: NORM: JOHN SWEETEN,Clerk of the Board of$upervtsors and ABSENT: ABSTAIN: County Administrator DM:cmm By G:\GrpData\5pDist\Board Orders12004\I2-14-04 BO SD 8755(kiearing).doc Deputy Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) W. County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. TME BOARD OF"PERVISORS OF CONTRA.COSTA CC`" TY,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.2004/659 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for SD 8755 County Service Area L-100, North Richmond area. (District I) Project 7394- 6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On October 26, 2004, the Board of Supervisors adopted Resolution No. 2004/575 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. 2004/575 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. 2004/575 directed the Engineer of Work(Public Works Director) to mail to the property owners within SD 8755 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 SD 8755 (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 SD 8755 for fiscal year 2005/2006 to be collected on the tax rolls. I hereby certify that this is a true and correct copy DM:cmm of an action taken and entered on the minutes of G:1GrpData\3pDist\Board Orders\2004\12-14-04 BO SD 8755(Hearing).doc 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 County counsel Supervisors and.County Administrator D.Morabe,Sp.Dist. By ,��.F� � ._� =-� s 'Al-_,'_X Deputy Resolution No.2004/659 SUBJECT: ADOPT . solution No. 2004/**** accepting Alation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for SD 8755 County Service Area L-100,North Richmond area. (County Service Area L- 100 Funds) (District 1)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 SD 8755, and an alternative means to finance public right of way street lighting would have to be found. Public Works Department 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 SD 8755 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 SD 8755 into County Service Area L-100 Lighting District held between October 25, 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 SD 8755 YES 1 NO I further certify that the total number of ballots cast in the proposed annexation of SD 8755 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 SD 8755(Hearing).doc cc: D.Morabe,Special Districts County Service Area L-100 Lighting District Annexation Ballot RECEIVED Assessor's Parcel Nos.: 448=160-038, 039,and 040 NOV 2 2 2004 Annexation Of. SD 8755 Special Districts Record Owner: KB Homes 6700 Koll Center Parkway, Suite#200 Pleasanton, CA 94566 Yes, I approve of the proposed annual assessment of $14.94 on each of the parcels identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on each of the parcels identified in this ballot. Signature ecord Owner or Authorized Representative of the above identified parcels. Date