HomeMy WebLinkAboutMINUTES - 03012005 - SD5 TO: BOARD OF SUPE( . ISORS A40 Contra
FROM: MACE M. SFffU,,PUBLIC WORKS DIRECTOR Cost'
DATE: March 1. 2005 o uniy
5b r
SUBJECT: ADOPT Resolution No. 2005/ 9 2 accepting 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_M)Project 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Resolution No. 2005/92 accepting tabulation of mail-in ballots, confirmation of diagram and
assessment and levy of street light charges for LP 04-2037.
FISCAL IMPACT:
There will be no impact to the County General Fund. All costs will be covered with revenue from C SA L-100.
Continued on Attachment:X SIGNATURE: ZOO/
COMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
"PROVE OTHER
SIGNATURE(S):a"',ep
ACTION OFBOrON MARCH 1 2 0 0 5APPROVED 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 Board of
Supervisors on the date shown.
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT ATTESTED: NA R C H 12 .2005
AYES: NOES* JOHN SWEETEN,Clerk of the Board of Supervisors and
ABSENT: ABSTAIN: County Administrator
DM:sr By
G:\GrpData\SpDist\Board Orders\2005\03-01-05 BO LP 04-2037(Hearing).doc Deputy
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.
Ir
SUBJECT: ADOPT Resolution Ao. 2005/ accepting tabulation o.,.-,-mai*l-in ballots, confirmation of
2 Service Area L-
Q
diagram and assessment and le' of street light charges for LP 04-2037 County
VY
100,Walnut Creek area. (District III)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:
Thisproject 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.
THE BOARD OF S�mERVISORS OF CONTRA COSTA CO"'-`TY.,CALIFORNIA
Adopted this Resolution on March 1,2005,by the following vote:
AYES: SUPERVISORS GIOIAP UILKEMAI PIEPHO., DeSAULNIER AND GLOVER
NOES: NONE
ABSENT. 7
NONE'.�',
ABSTAIN: NONE RESOLUTION NO.2005/9 2-
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:
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.
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 04-2037(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 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 BO LP 04-2037(Hearing).doc the Board of Supervisors on the date shown.
Orig.Dept.:Public Works Department(Special Districts)
Contact: Eileen Doten(313-2253)
cc: Assessor ATTESTED:MARCH 1 , 2005
Auditor-Controller JOHN SWEETEN, Clerk of the Board of
County Administrator Supervisors and County Administrator
County Counsel
D.Morabe,Sp.Dist.
By
Resolution No.2005/92
0ablic Works Department
255 Glacier Drive, Martinez
DATE: March 1,2005
TO: Board 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
1, 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 04-2037
Yes 1 No
I further certify that the total number of ballots 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.
DM:sr
GAGrpData\SpDist\Board Orders12005103-01-05 130 LP 04-2037(Hearing).doc
cc: D.Morabe,Special Districts