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Home My WebLink AboutMINUTES - 03012005 - 2005 RES 93 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 1, 2005,by the following vote; AYES: SUPERVISORS GIOIA UILKEMA, PIRPRO, DeSAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE ' RESOLUTION NO. 2005/ 9 3 .... SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for LP 04-2059 County Service Area L-100, North Richmond area. (District 1) project 7394- 6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On January 11, 2005, the Board of Supervisors adopted Resolution No. 2005/37 directing the Ming 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. 2005/37 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. 2005/37 directed the Engineer of Work (Public Works Director) to mail to the property owners within LP 04-2059 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 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 04-2059 (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 04-2059 for fiscal year 2005/2006 to be collected on the tax 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:\GrpData\SpDist\Board Orders\2005\03-01-05 130 LP 04-2059(Hearing).doc the Board of Supervisors on the date shown. Brig.Dept.:Pudic Works Department(special Districts) Contact: cheer Doten(313-2253) cc: Assessor ATTESTE MARCH 1 , 2005 Auditor-Contmiler JOHN SWEETEN, Clerk of the Board of County Administrator County Counsel Supervisors and County Administrator D.Morabe,Sp.Dist. By 6 i v' ,Deputy Resolution No. 2005/ Public Forks Department 255 Glacier Drive, Martinez DATE: March 1, 2005 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Warks Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of LP 04-2059 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 04-2059 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 04-2059 Yes 1 No I further certify that the total number of ballots cast in the proposed annexation of LP 04-2059 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. DM:sr G A.GrpData\SpDisN3oard Orders\2005103-01-05 BO LP 04-2059(Hearing).doc cc: D.Morabe,Special Districts County Service Area L-100 Lightning District Annexation Fallot Assessor's Parcel Nos.: 408-170-014, 017, 024, 046, 048, 049, 050, 451 Annexation Of. LP 04-2059 Record Owner: Bert's Produce, LLC 1420 Rockville Rd. Fairfield, Ca. 94534 A>1-1 � ` Yes, I approve of the proposed annual assessment of $74.70 on each of the parcels identified in this ballet. No, I do not approve of the proposed annual assessment of$74.70 on each of the parcels identified in this ballot. _J aturee6fRecord Owner or Authorized Representative of the above identified parcels. .Date Contra TO: BOARD OF SUPERVISORS � FROM: MAURICE M. SHRJ, PUBLIC WORKS DIRECTOR ; '�• .�� Costa CountyDATE: March 1, 2005 SUBJECT: ADOPT Resolution No. 2005/ 9 3 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for LP 04-2059 County Service Area L- 100, North Richmond area. (District I) Project 7394-6X5001 �+ninnni�rwwwra� SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2005/g 3 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for LP 04-2059. FISCAL IMPACT: 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: 7�A> _.L=7OM7iE7ATION of COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE _,,A PROVE OTHER SIGNATURE(S): ACTION OT{BO ONIARCg 1 ,2005 APPROVED ASRECOMMENDED—BOTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS X UNANIMOUS(ABSENT NONE } ATTESTED: 2005 AYES: NOES: JOHN SWEETEN,C;erk of the Board of Supervisors and ABSENT: ABSTAIN: County Administrator DM:sr G:\GrpData\SpDist\Board Orders\2005\03-01-05 BO LP 04-2059(Hearing).doc Dep ty Orig.Div:Public Works(Special Districts) Contact: Eileen Doten(313-2253) cc: County Administrator Assessor Auditor-Controller Community Development County Counsel Dante Morabe,Sp.Dist. _. .......... SUBJECT: ADOPT Resolution No. 2005/93 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for LP 04-2059 County Service Area L- 100, Forth Richmond area. (District 1) Project 7394-6X5001 DATE: March 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 LP 04-2059, and an alternative means to finance public right of way street lighting would have to be found.