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Home My WebLink AboutMINUTES - 04262005 - SD4 00 C" TO. BOARD OF SUPERVISORS Contra n' :, Costa O: � ,S FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR i��DATE: April 26, 2005 covCounty SUBJECT: ADOPT Resolution No. 2005/2.50 accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 04-0009 County Service Area L- 100, Lafayette area. (District 11) Project 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2005/,ZSQ accepting tabulation of mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 04-0009. FISCAL IMPACT: There will be no impact to the County General Fund. All costs will be covered with revenue from CSA L-100. A Continued on Attachment:.X SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER t SIGNATURES ACTION OF B01; ON -- .4.1 PROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSEN ) 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. DM:sr G:\GrpData\SpDist\Board Orders\2005-Board Orders\04-26-05 BO MS 04-0009(Hearing).doc ATTESTED.— Orig.Div:Public Works(Special Districts) JOHN SWEETE ,Clerk of the Board of Supervisors and Contact: Eileen Doten(313-2253) County Administrator cc: County Administrator Assessor Auditor-Controller B Community Development ' Deputy County Counsel Dante Morabe,Sp.Dist. SUBJECT: ADOPT Resolution No. 2005/ accepting tabulation 01 f mail-in ballots, confirmation of diagram and assessment and levy of street light charges for MS 04-0009 County Service Area L- 100, Lafayette area. (District II)Project 7394-6X5001 DATE: April 26, 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 MS 04-0009, and an alternative means to finance public right of way street lighting would have to be found. THE BOARD OF ST"WRVISORS OF CONTRA COSTA C0700"TTY,CALIFORNIA Adopted this Resolution on April 26, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2005/�Z,5_<) SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for MS 04-0009 County Service Area L-100,Lafayette area. (District II)Project 7394-6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On March 8, 2005, the Board of Supervisors adopted Resolution No. 2005/132 directing the fling 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 8, 2005, the Board adopted Resolution No. 2005/132 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 April 26, 2005. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2005/132 directed the Engineer of Work(Public Works Director) to mail to the property owners within MS 04-0009 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 April 26, 2005, at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within MS 04-0009 (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 MS 04-0009 for fiscal year 2005/2006 to be collected on the tax rolls. DM:sr I hereby certify that this is a true and correct copy G:\GrpData\SpDist\Board Orders\2005-Board Orders\04-26-05 BO MS 04-0009(Hearing).doc of an action taken and entered on the minutes of Orig.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Eileen Doten(313-2253) cc: Assessor ATTESTED: 44,1�_L 12& Auditor-Controller JOHN SWEE EN, Clerk of the oard of County Administrator Supervisors and County Administrator County Counsel D.Morabe,Sp.Dist. By D Resolution No. 2005/ Public Works Department 255 Glacier Drive, Martinez DATE: April 26, 2005 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS 04-0009 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 MS 04-0009 into County Service Area L- 100 Lighting District held between March 8, 2005 and April 26, 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 MS 04-0009 Yes 1 No I further certify that the total number of ballots cast in the proposed annexation of MS 04-0009 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:\GrpData\SpDist\Board Orders\2005-Board Orders\04-26-05 BO MS 04-0009(Hearing).doc cc: D.Morabe,Special Districts County Service Area L-100 Lighting District Annexation Ballot Assessor's Parcel Nos.: 166-341-019 Annexation Of: MS O4-0009 Record Owner: Sharon Zeff 17 Benthill Court Lafayette, CA 94549 Yes, I approve of the proposed annual assessment of$14.94 on the parcel identified in this ballot. No, I do not approve of the proposed annual assessment of$14.94 on the parcel identified in this ballot. Signature of Record or Authorized Representative of the above identified parcels. to