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Home My WebLink AboutMINUTES - 11012005 - SD2 s Contra TO: BOARD OF SUPERVISORS � 0 C 0St a FROM: MAURICE M. PUBLIC WORKS DIRECTOR do °ST- � �� DATE: November 1, 2005 a-coU�� County SUBJECT: ADOPT Resolution No. 2005/ accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for Minor Subdivision 04-0021,, County Service Area L-100,Byron area. (District III)Project 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2005/ 73 accepting tabulation of mail-in ballots., confirming diagram and assessment and authorizing the levy of street light charges for Minor Subdivision(MS) 04-002 1. FISCAL IMPACT: There is no impact to the County General Fund. All costs will be covered with revenue from County Service Area(CSA)L-100. Continued on Attachment:X SIGNATURE: _woo'OR' ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER 1: 4. 0011� SIGNATURE(S): ACTION OF BOA ON/!--l r 4 APPROVED AS RECOMMENDED OT ER CLASID THE PUBLIC HEARIlW,; TfiIItE WIItE NO SPEAKERS VO OF SUPERVISORS UNANIMOUS(ABSENT WeAzo) ) 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. WB:sr / G:\GrpData\,SpDist\Board Orders\2005-Board Orders\l 1-01-05 BO MS O4-0021(Hearing).doc ATTESTED: i ~ 6� Orig.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors and Contact: William Bailey(313-2286) County Administrator cc: County Administrator Assessor Auditor-Controller By Community Development County Counsel Deputy LAFCO SUBJECT: ADOPT Resolution No. 20051(oV accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for Minor Subdivision 04-0021, County Service Area L-100,, Byron area. (District HI)Project 7394-6X5001 DATE: November 1, 2005 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 O4-0021 and an alternative means to finance public right of way street lighting would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on November 1,2005,bv the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.,2005/ 4*73 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for Minor Subdivision (MS) 04-0021, County Service Area L-100, Byron area. (District III) Project 7394-6X5001 The Board of Supervisors of Contra Costa.County RESOLVES: 1. On September 13, 2005, the Board of Supervisors adopted Resolution No. 2005/576 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 September 13, 2005, the Board adopted Resolution No. 2005/576 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 November I, 2005. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2005/576 directed the Engineer of Work(Public Works Director) to mail to the property owners within MS O4-0021 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 November 1, 2005, at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within MS O4-0021 (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 O4-0021 for fiscal year 2005/2006 to be collected on the tax rolls. ws:sr I hereby certify that this is a true and correct copy G:\GrpData\.SpDist\Board Orders\2005-Board Orders\l 1-01-OS BO MS O4-0021(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: William Bailey(313-2286) cc: Assessor ATTESTED: /, 2 00.5 Auditor-Controller JOHN SWEETEN, Clerk of #I the Board of County Administrator County Counsel Supervisors and County Administrator Resolution No.20051W3y ,Deputy Public Works Department 255 Glacier Drive., Martinez DATE: November 1, 2005 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS O4-0021 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 O4-0021 into County Service Area L- 100 Lighting District held between September 13, 2005 and November I, 2005 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 O4-0021 Yes 1 No I further certify that the total number of ballots cast in the proposed annexation of MS O4-0021 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. WB:sr G:\GrpData\.SpDist\Board Orders\2005-Board Orders\l 1-01-OS BO MS O4-0021(Hearing).doc County Service Area LAW Y.ighting District Annexitiaa Ballot Assessor's Parcel Nos.: 002P-040=004 Annexation Of: MS O4-0021 Record Owner: John and Kaistie Rdimeno 5686 OArmant Court Byron, CA 94514 Yes,T approve of the proposed annual assessment of$14.94 on each of the parcels) identified in this ballot. No,I do not gpprove of the proposed,%-inni-i-al assessment of$14.94 on each of the parcel(s)identified is this ballot. Si of Record Owner or Authorized Repr tative of the above identified parcels.cels. Date