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HomeMy WebLinkAboutMINUTES - 09282004 - SD6 ContraTO: BOARDOF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR Costa rA�DATE: September 28, 2004 County w 4 SUBJECT: ADOPT Resolution No. 2004/ accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of parking district charges for SD 8710, Discovery Bay West Parking District, Discovery Bay area. (Discovery Bay West Parking District Funds) (District 111) Project 7771-6.X5170 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUS'T'IFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2004/ accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of parking district charges for SD 8710. FISCAL IMPAC'T': There will be no impact to the County General Fund. All costs will be covered with revenue from.the Discovery Bay West Parking District. Continued on Attachment:X SIGNATURE: _,,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE ��OTHER SIGNATURE(S). ACTION OF BO ON SEIxMgM 28s APPROVED AS RECOMMENDED OTHER a� I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Heard of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT_I�IE ) ATTESTED: SEPIRPM 29,20 AYES: NOES: JOHN SWUE TEN,Clerk of the Board of Supervisors and ABSENT: ABSTAIN: County A ' inistrator r" DM:cmm By G:\GrpData\SpDist\8oard Orders\2004\09-28-04 SD 8710 DB WPD Resolution,doc Deputy Orig.Div.Public Works(Special Districts) Contact: Eileen Doten(313-2753) M County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. SUBJECT: ADOPT Resolution No. 20041**** accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of parking district charges for D 8710, Discovery Bay West Parking District, Discovery Bay area. (Discovery Bay West Parking District Funds) (District IH)Project 7771-6X5170 DATE: September 28, 2004 PAGE: 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The developer is rewired by Condition of Approval to annex to the Discovery Bay West Parking District, for continued maintenance and operation of the parking facility. 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 8710, and an alternative means to finance public parking facility would have to be found. THE BOARD OF S' ZRVISORS OF CONTRA.COSTA CC TY,CALIFORNIA Adopted this Resolution on September 28, 2004;by the following vote: AYES: XPEMSORS GI01A,UnM%,Q0XM11G,DeSA1JUUM AM QavTR NOES: NW ABSENT: N= ABSTAIN: Nm RESOLUTION NO.2004/509 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Parking District Charges for SD 8710; Discovery Bay West Parking District, Discovery Bay area. (District III) Project 7771-6X5170 The Board of Supervisors of Contra Costa County RESOLVES: 1. On August 17, 2004, the Board of Supervisors adopted Resolution No. 2004/454 directing the filing of the engineer's report for parking facility charges for Discovery Bay West Parking District (DBWPD) SD 8710. As directed by the Board,the Engineer of Work has filed the engineer's report. 2. On August 17, 2004, the Board adopted Resolution No. 2004/454 declaring the Board's intention to levy and collect charges to operate and maintain facilities and services within DBWPD SD 8710 for fiscal year 2005/2006 and setting a public hearing for September 28, 2004. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2004/454 directed the Engineer of Work(Public Works Director) to mail to the property owners within SD 8710 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 September 28, 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 8710 (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 parking district charges set forth therein in SD 8710 for fiscal year 2005/2006 to be collected on the tax rolls. I hereby certify that this is a true and correct copy DM:crnm G:IGrpBata\SpDist\Board Orders12004109-28-04 51 871{}DBWPD Res©lution.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 Doten(3132253) cr. Assessor ATTESTED:SEE,'= 99,20C4 Auditor-Controller JOHN SWEETEN, Clerk of the Board of County Administrator County Counsel Supervisors and County Administrator D.Morabe,Sp,Dist, By Deputy Resolution No. 2004/509 Public Forks Department 255 Glacier Drive, Martinez DATE: September 28, 2004 TO: Board of Supervisors FROM: Maurice M. Shiu,Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of SD 8710 into DISCOVERY BAY WEST PARKING DISTRICT 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 SD 8710 into Discovery Bay West Parking District held between August 17, 2004 and September 28, 2004 do hereby certify the following to be a full, true and correct Statement of Results of all votes cast on the follow=ing measure: Discovery Bay West Parking District Annexation and Annual Assessment for SD 8710 YES 1 NO I further certify that the total number of ballots cast in the proposed annexation of SD 8710 into Discovery Bay West Parking District at said election was one and attached hereto are the total ballots received for and against annexation and assessment. G:\GmData\SpDist\Board Orders\2004\09-28-04 SD 8710 DBWPD Resolution.doe „c D Moral ke'spwal D;striots