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Home My WebLink AboutMINUTES - 11012005 - SD3 ( � t Contra TO: BOARD OF SUPERVISORS Costa �p,3 FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR � -OKS County�� sr'9 O DATE: November 1, 2005 C SUBJECT: ADOPT Resolution No. 2005/ accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for North Richmond (NR) OS- 0001, County Service Area L-100,North Richmond area. (District n Project 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2005/*76f accepting tabulation of mail-in ballots, confirming diagram- and assessment and authorizing the levy of street light charges for North Richmond(NR) 05-000 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: • ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ':;�PPROVE _OTHER SIGNATURE(S): ACTION OF BO ON APPROVED AS RECOMMENDED ✓ 01fHER CLASED THE PUBLIC HEARING;Tf�2E WERE NO PUBLIC SPFAKII2S V TE 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. WB:sr G:\GrpData\.SpDist\Board Orders\2005-Board Orders\ ATTESTED: L 11-01-OS BO NR 05-00011(Hearing).doc JOHN SWEETEN,Clerk of the Board of Supervisors and Orig.Div:Public Works(Special Districts) County Administrator Contact: William Bailey(313-2286) cc: County Administrator Assessor By � Auditor-Controller ' Community Development Deputy County Counsel LAFCO SUBJECT: ADOPT Resolution No. 2005/70 accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for North Richmond (NR) 05- 0001, County Service Area L-100,North Richmond area. (District I)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 NR 05-0001, 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,by the following vote: AYES: Gioia,Piepho,DeSauln' ier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2005/476 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for North Richmond(NR)05-0001, County Service Area L-100,North Richmond area. (District I)Project 7394-6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On September 13, 2005, the Board of Supervisors adopted Resolution No. 2005/577 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 September 13, 2005, the Board adopted Resolution No. 2005/577 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 November 1, 2005. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2005/577 directed the Engineer of Work(Public Works Director) to mail to the property owners within NR 05-0001 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 NR 05-0001 (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 NR 05-0001 for fiscal year 2005/2006 to be collected on the tax rolls. I hereby certify that this is a true and correct copy WB:sr of an action taken and entered on the minutes of G:\GrpData\SpDist\Board Orders\2005-Board 0rders\1 1-01-05 BO NR 05-00011(Hearing)-doc the Board of Supervisors on the date shown. Orig.Dept.:Public works Department(Special Districts) Contact: William Bailey(313-2286) 2Z% cc: Assessor ATTESTED:... Auditor-Controller JOHN SWEETEN, Clerk of e Board of County Administrator Supervisors and County Administrator County Counsel By.q., ;6 ,Deputy A 41J - Resolution No.2005/ 1-"WOWI 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 NR 05-0001 into CSA L-100 L 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 NR 05-0001 into County Service Area L- 100 Lighting District held between September 13, 2005 and November 1, 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 NR 05-0001 Yes 1 No I further certify that the total number of ballots cast in the proposed annexation of NR 05-0001 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 GAGrpData\SpDist\Board Orders\2005-Board Orders\1 1-01-05 BO NR 05-00011(Hearing).doc County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 408-082-001 Annexation Of: NR 05-0001 Record Owner: Richmond Land Group 2514 Florida Avenue Richmond, CA 94804 Yes,, I approve of the proposed annual assessment of$74.70 on each of the parcel(s) identified in this ballot. No, I do not approve of the proposed annual assessment of$74.70 on each of the parcel(s) identified in this ballot. Signature of Record Owner or Authorized Representative of the above identified parcels. Date GAGrpData\SpDist\Board Orders\2005 Board Orders\09-13-05 BO NR 05-0001 (Letter).doc