HomeMy WebLinkAboutMINUTES - 04211998 - D3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY;CALIFORNIA
Adopted this Resolution on April 21, 1998 by the following vote:
AYES: SUPERVISORS,UILKEMA, GERBER, DESAULNIER, CANCIAMILLA, ROGERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 98f 189
SUBJECT: Tabulation of Mail-in Ballots, Confirmation of Diagram and Assessment and Levy
of Street Light Charges for, County Service Area L-100, Walnut Creek area.
The Board of Supervisors of Contra Costa County RESOLVES:
1. On March 3, 1998, the Board of Supervisors adopted Resolution No. 98/94 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 March 3, 1998, the Board adopted Resolution No. 98/94 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 1997-98 and setting a public hearing for March 3, 1998. Notice
of the hearing was given in the time and manner required by law.
3. Resolution No. 98194 directed the Engineer of work(Public Works Director)to cause to be
mailed to property owners within CSA L-100 the notices and ballots required by Section 4
of Article XIII D of the Califomia 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 ORDERS that:
1. A public hearing was held before this Board on April 21,1998 at 2:00 pm. At the hearing,
the Engineer of Work presented to the Board all ballots received from property owners
within Subdivision 8051 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 malts 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 diagram and assessment as set forth in the report of the
Engineer of Work'and hereby levies the street light charges set forth therein in Subdivision
8051 for fiscal year 1997-98.
$ , I hereby certify that the foregoing is a true and correct copy of
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County Adnn nistmtor Phil Hatchelar,Clerk o the Hoard of
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RESOLUTION NO. 981 189 June L.McHud, Deputy clerk
7. This Resolution states that the Board will conduct a public hearing (the "Hearing") on
Tuesday, April 21, 1997 at 2:30 p.m. in Room 107 of the Board of Supervisors'
Chambers, 651 Fine Street, Martinez, California 945553.
8. On March 3, 1998,the Board directed the Public Works Director to mail the ballots to the
record owners of each parcel upon which the assessment will be imposed and Exhibit B
known as the Engineer's Report.
9. This Resolution directs the Public Works Director to deliver all the Ballots received from
record owners to the Board prior to the start of the Hearing. This Resolution states that the
Board will then consider all protests against the proposed assessment and tabulate the
Ballots. This Resolution states that in tabulating the Ballots,the Ballots shall be weighed
according to the proportional financial obligation of the affected property. This Resolution
states that the Board shall not impose the assessment if there is a majority protest. This
Resolution states that if there is no majority protest,the Board will levy the assessment.
Wherefore, the Board of Supervisors of Contra Costa FINDS, CERTIFIES and ORDERS
THAT:
1. The Hearing was held before this Board on April 21, 1998 at 2:30 p.m. At the Hearing, the
Board heard and considered any and all protests to the proposed assessment. At the Hearing,
the Election Clerk delivered to the Board all the Ballots received from record owners of
property within.the CHAD. The Board tabulated the ballots and weighed them according
to the proportional financial obligation of the affected property. The Board then closed the
Hearing.
2. Based upon the tabulation of the Ballots,the Board finds that there is not a majority protest.
Therefore,the Board is authorized to levy the proposed assessment under Public Resources
Code section 26653 and Article XIII D Section 4 of the California Constitution.
3. The Board hereby orders that the costs and expenses of maintaining and operating the GHAD
improvements shall be assessed against the property within the GHAD.
4. The Board further confirms the assessment,as set forth in the Assessment Report,and orders
that the amount of the assessments against each parcel of property within the GLAD shall
be as provided in the Assessment Report.
5. The Board further orders that the amounts set forth in the Assessment Report shall be
assessed against property within the GHAD for the 1998-1999 fiscal year and for subsequent
fiscal years.
6. The Board further orders that the Assessment shall be levied and collected in the following
manner:
(a) The Clerk of the Board shall cause to be recorded a notice of assessment,as provided
for in Section 3114 of the California Streets and Highways Code, whereupon the
assessmentshall attach as a lien upon the property, as provided in Section 3115 of
the Streets and Highways Code.
Resolution 981 189
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE: April 21, 1998
TO: Board of Supervisors
FROM: J. Michael Walford,Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 8051 into
CSA L-100 (APN#194-071-004, 009, 010, 011,014& 037 )''
I, 1. Michael Walford, 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 Subdivision 8451 into
County Service Area L-100 Lighting District held between March 3, 1998 and April 21, 1998 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
Subdivision 8051
YES 1 _ NO-9---
I fiu-ther certify that the total number of ballots cast in the proposed annexation of Subdivision 8051
into County Service Area L-100 Lighting District at said election was one(i) and attached hereto
are the total ballots received for and against annexation and assessment.
Dated the 21'day of April, 1998
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County Service Area L-100 Lighting District Annexation
Ballot
Assessor's Parcel Nos.: 194-071-004, 009, 010, 011., 014, & 037
Annexation of. Subdivision 8051
Record Owner: Brent A. Tucker
Address: 2723 Crow Canyon Road, Suite 100A
San Ramon, Ca. 94583
Yes, I approve of the proposed annual assessment of$14.94 on each of
the single family parcels and $74.70 on the commercial parcel identified
in this ballot.
No, I do not approve of the proposed annual assessment of$14.94 on
each of the single family parcels and $74,70 on the commercial parcel.
identified in this ballot.
Signature of Record Owner or Authorized
Representative of the above identified parcels.
Date
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