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Home My WebLink AboutMINUTES - 10112005 - SD2 lob ��s._..L -°� Contra TO: BOARD OF SUPERVISORS - FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR 0. �� o C0Sta Oil � County` sr'4 lz' DATE: October 11, 2005 COU SUBJECT: ADOPT Resolution No. 2005/ ;?2 accepting tabulation of mail-in ballots, confirmation of Final Engineer's Report for Fiscal Year 2005-06 Mid Year Annexation of Vesting Tentative Map 833110 8381 and 8382 to Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 71, Danville area. (District III)Project No. 0651-6L0072 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: CONTINUE actions from October 4, 2005 for Vesting Tentative Map 8381 and 8382, due to an incomplete listing of this item on the October 4, 2005 Board Agenda. HOLD Public Hearing regarding support or opposition to assessments. ADOPT Resolution No. 2005/b22 accepting tabulation of mail-in ballots, confirmation of Final Engineer's Report for Fiscal Year 2005-06 Mid Year Annexation of Vesting Tentative Map 8331, 8381, and 8382. FISCAL IMPACT: There is no impact to the County General Fund. All costs are covered with revenue from Countywide Landscaping and Lighting District 1979-3 (LL-2)Zone 71. Continued on Attachment:X SIGNATURE: J RECOMMENDATION OF COUNTY ADMINISTItVY01too"' RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED O TIER VO T E OF SUPERVISORS ) UNANIMOUS(ABSENT I hereby certify that this is a true and correct copy of an AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. ATTESTED:_a DM:rm:sr JOHN SWEETEN,Clerk of the Boar of Supervisors and G:\GrpData�SpDist�Board Orders�2005-Board Orders\ 10-11-05 BO LL-2 Zone 71(Hearing)Revised.doc County Administrator Orig.Div:Public Works(Special Districts) ' Contact: Eileen Doten(313-2253) cc: County Administrator BY Assessor Deputy ' Auditor-Controller Community Development County Counsel David Edmonds,Sp.Dist. SUBJECT,* ADOPT Resolution No. 2005/622 accepting tabulation of mail-in ballots, confirmation of Final Engineer's Report for Fiscal Year 2005-06 Mid Year Annexation of Vesting Tentative Map 8331,, 8381, and 8382 to Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 71, Danville area. (District IR)Project No. 0651-6L0072 DATE.* October 111 2005 PAGE. 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The developers are required by Condition of Approval#115 for County Development Plan#04-3028, Condition of Approval #133 for County Development Plan#04-3026, and Section 4 of the "Comprehensive Agreement to Settle Litigation (January 27, 2004) between Contra Costa County and the Town of Danville", to form LL-2 Zone 71, for future maintenance of the Diablo Vista Middle School Playfields. 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 above mentioned Conditions of Approval or the above mentioned Settlement Agreement and an alternative means to finance the maintenance of the ballfields would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFO1tNIA Adopted this Resolution on October 11,2005 by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ 20490-00 SUBJECT: Tabulation of Mail-In Ballots, confirmation of Final Engineer's Report for Fiscal Year 2005-06 Mid Year Annexation of Vesting Tentative Map 8331, 8381, and 8382 to Countywide Landscaping and Lighting District 1979-3 (LL-2)Zone 71,Danville area. (District III)Project No. 0651-6L0072 The Board of Supervisors of Contra Costa County FINDS THAT: 1. A copy of the Fiscal Year 2005-06 Mid Year Annexation Final Engineer's Report confirming a maximum landscape service charge (the "Engineer's Report") is attached as Exhibit A. The Engineer's Report meets the requirements of a report under Article 4-Sections 22565 through 22573. The Engineer's Report includes: a description of each parcel of real property receiving the special benefit, the Assessment Diagram, the estimated Assessment chargeable to each parcel; the Assessment chargeable to Zone 71 from the parcels within the Development,the methodology supporting the assessment, and the duration of the Assessment. The Board of Supervisors of Contra Costa County RESOLVES: 1. On August 16, 2005, the Board of Supervisors adopted Resolution No. 2005/538 directing the filing of the Fiscal Year 2005-06 Mid-Year Annexation Preliminary Engineer's Report for a landscaping assessment on Vesting Tentative Map 8331, 8381, and 8382 to be annexed into LL-2 Zone 71. As directed by the Board, the Engineer of Work has filed the engineer's report. 2. On August 16, 2005, the Board of Supervisors adopted Resolution No. 2005/538 declaring the Board's intention to levy and collect landscape charges to operate and maintain facilities and services within LL-2 Zone 71 for fiscal year 2005/06 and setting a public hearing for October 4, 2005. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2005/538 directed the Engineer of Work (Public Works Director) to mail to property owners within Vesting Tentative Map 8331, 8381, and 8382 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. DM:rm:sr I hereby certify that this is a true and correct copy G.-\GrpData\SpDist\Board Orders\2005-Board Orders\ of an action taken and entered on the minutes of 10-11-05 BO LL-2 Zone 71(Hearing)Revised.doc the Board of Supervisors on the date shown. Orig.Dept.:Public Works Department(Special Districts) Contact: Eileen Doten,313-2253 �/ f-00 4Q cc: Assessor ATTESTED: Auditor-Controller JOHN SWEETEN, Clerk of & Board of County Administrator Supervisors and County Administrator County Counsel P.W.Accounting D.Edmonds,Sp.Dist. By Deputy Resolution No.2005/ •SUBMCT: ADOPT Resolution No. 2005/OOQ accepting tabulation of mail-in ballots, confirmation of Final Engineer's Report for Fiscal Year 2005-06 Mid Year Annexation of Vesting Tentative Map 8331, 8381, and 8382 to Countywide Landscaping and Lighting District 1979-3 (LL-2) Zone 71, Danville area. (District IR)Project No. 0651-6L0072 DATE: October 11, 2005 PAGE: 2 NOW,THEREFORE,the Board FINDS,DETERMINES and RESOLVES that: 1. A public hearing was held before this Board on October 4, 2005 at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within Vesting Tentative Map 8331, 83 8 1, and 83 82 (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. 2. A majority protest,as defined in section 4(e)of Article XIII D,does not exist. 3. The Board hereby confirms the Fiscal Year 2005-06 Mid-Year Annexation Final Engineer's Report as set forth and hereby authorizes the levy of assessments for Fiscal Year 2005/06 to be collected on the tax rolls.