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Home My WebLink AboutMINUTES - 03012005 - 2005 RES 92 TIDE BOAM 2F RVIS()R�S C)1 IvCFr'I'RA CC?S`I'A ctf'-"TY.CAI..7_C1RWA Adopted this Resolution on March 1,2005,by the following vote: AYES: SUPERVISORS OI4IA, UILKEMA, PIEPHO, DeSAULNIER AND GLOVER NOES: NONE ABSENT: NONE., ABSTAIN: NONE RESOLUTION NO.2005/12 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for LP 04-2037 County Service Area L-100, Walnut Creek area. (District III) Project 7394- 6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On January 11, 2005, the Board of Supervisors adopted Resolution No. 2005/36 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 January 11, 2005, the Board adopted Resolution No. 2005/36 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 March 1, 2005. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2005/36 directed the Engineer of Work (Public Works Director) to mail to the property owners within LP 04-2037 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. NOVO',THEREFORE,the Board FINDS,DETERMINES and RESOLVES that: 5. A public hearing was held before this Board on March 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 LP 04-2037(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.LP 04-2037 for fiscal year 2005/2006 to be collected on the taut rolls. I hereby certify that this is a true and correct copy DM:sr of an action taken and entered on the minutes of G:iGtpDatatSpDiWDoard Ordetsl20MGA-01-05 BO LP 04-2037(Hwing).doc Orifi.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Eileen Doten(313-2253) ce: Assessor ATTEST'E :m A R c m t ,2 o 0 s Auditor-Controller JOHN SWEETEN, Clerk of the Board of County Administrator County Counsel Supervisors and County Administrator D.Morabe,$p.Dist. By Resolution No.2005/9 2 r .eubl c Warks Department 255 Glacier Thrive, Martinez DATE: March 1, 2005 TO; Burd of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of LP 04-2037 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 LP 04-2037 into County Service Area L-100 Lighting District held between January 11, 2005 and March 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 LP 04-Ml l Yes 1 No I further certify that the total number of ballets cast in the proposed annexation of LP 04-2037 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. ljm:sr G:IGrpDataiSpDist\Hosrd orders12005103-01-05 Bo LP 04-2037(Hearing).doc cc: D) Morabe,Spccial DistricU County Service Area L-140 bighting District Annexation allot Assessor's Parcel Nos.. 184-331-033 Annexation Of. LP 04-2037 Record Owner: Hillside Covenant Church 2060 Magnolia Way Walnut Creek,CA 94595 Yes, I approve of the proposed annual assessment of$74.70 on the parcel identified in this ballot. No,I do not approve of the proposed annual assessment of$74.70 on the parcel identified in this ballot. Signature of Record Owner or.Authorized Representative of the above identified parcels. Date 2' TO: BOARD OF SUPEt.. ISORS Contra . M.FROM:FROM: 1vAUR1cEPUBLIC�,�� ODIRECTOR�DIRECTORo to DATE: March 1,2005 t�l��1iJ/ .� SUBJECT: ADOPT Resolution No. 2005/ 9 2 accepting tabulation of nail-in ballots, confirmation of diagram and assessment and levy of street light charges for LP 04-2037 County Service Area L- 100,Walnut Creek area, (District III)Pro'ect 7394-6X:1001 SPECIFIC REQULSTS)OR RECOMMENDATrt)N(S)do 13ACKGROUND AND JUSTIFIGATIM' ADOPT Resolution No. 20054 2 accepting tabulation of mail-in ballots, confmnation of diagram and assessment and levy of street light charges for LP 04-2037, KCAL IMPA TI: There will be no impact to the County general Fund. All costs will be covered with revenue from CSA L-100. Continued on Attachment:X SIGNATURE: COMMENDATIM OF CfIM Y ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE j,,APPROVE OTHER 001 SIGNATU S : ACTION OFIID ON MARCH 1 , 200 WPROVED AS RECOMMENDED x-OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Hoard of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ATTESTED-.MARCH 11 2005 AYES: NOES: J01IN SWEETEN,Clerk of the Huard of Supervisors and ABSENT:_ABSTAIN: County Administrator MST Sy t;AGrpD&ta1SpDist%aard Or4erst2005103-01,05 BO LP 04-2037(Hearing).doc Deputy Brig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc: County Administriawr Assessor Auditor—Controffer Community Development County Counsel Dante Morabe,Sp.Dist. SUBJECT: ADOPT Resolution, 4o. 2005Z accepting tabulation u. mail-in ballots, confirmation of 92 diagram and assessment and levy of street light charges for LP 04-2037 County Service Area L- 100, Walnut Creek area. (District III)Project 7394-6X5001 DATE: March 1,2005 PACE: 2 REASONS FOR RECOMMENDATIONS AND BACKG OEND: 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 LP 04-2037,and an alternative means to finance public right of way street lighting would have to be found.