HomeMy WebLinkAboutMINUTES - 05022006 - SD.3 G� £..s. L...o Contra
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU PUBLIC WORKS DIRECTOR damn Costa
�OST'4 DATE: May 2, 2006 COUt- County
SUBJECT: HEARING to ADOPT Resolution No. 20064" accepting tabulation of mail-in ballots,
confirming diagram and assessment, and authorizing the levy of street light charges for Minor
Subdivision 04-0024, County Service Area L-100, Danville area. (District Ill) Project 7394-
6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
ADOPT Resolution No. 2006/42W accepting tabulation of mail-in ballots, confirming diagram and assessment
and authorizing the levy of street light charges for Minor Subdivision (MS) 04-0024.
FISCAL IMPACT:
There is no impact to the County General Fund. All costs will be covered with revenue from County Service
Area (CSA) L-100.
Continued on Attachment: X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON a' a�� APPROVED AS RECOMMENDED_OTiER
aDSIM THE'a.PUBLIC HEARING, TAWTION OF VOTFS.
VOTE OF SUPERVISORSG,�
UNANIMOUS(ABSENT /N�I7(� ) I hereby certify that this is a true and correct copy an
AYES: NOES: action taken and entered on the minutes of the Boardrd of
ABSENT: ABSTAIN: Supervisors on the date shown.
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G:\GrpData\SpDist\Board Orders\2006-Board Orders\05-02-06 BO MS O4-024(Hearing).doe ATTESTED: OL rJ
Orig.Div:Public Works(Special Districts) JOHN CULLEN,Cie f the Bodrd of Supervisors and
Contact: Alex Anaya(313-2286) County Administrat
cc: County Administrator
Assessor
Auditor-Controller B
Community Development
County Counsel Deputy ,
LAFCO
SUBJECT: ADOPT Resolution No. 2006/287 accepting tabulation of mail-in ballots, confirming diagram
and assessment, and authorizing the levy of street light charges for Minor Subdivision 04-0024,
County Service Area L-100, Danville area. (District III) Project 7394-6X5001
DATE: May 2, 2006
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 04-0024 and an alternative
means to finance public right of way street lighting would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 2, 2006, by the following vote:
AYES: Piepho,DeSaulnier,Glover and Gioia
NOES: None
ABSENT: Uilkema
ABSTAIN: None
RESOLUTION NO. 2006/
SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light
Charges for Minor Subdivision (MS) 04-0024, County Service Area L-100, Danville area. (District 111)
Project 7394-6X5001
The Board of Supervisors of Contra Costa County RESOLVES:
1. On March 7, 2006, the Board of Supervisors adopted Resolution No. 2006/111 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 7, 2006, the Board adopted Resolution No. 2006/11 ldeclaring 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 May 2, 2006. Notice of the hearing was given in the time and manner required by
law.
3. Resolution No. 2006/111 directed the Engineer of Work (Public Works Director) to mail to the property owners
within MS 04-0024 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 May 2, 2006, at 9:30 a.m. At the hearing, the Engineer of Work
presented to the Board all ballots received from property owners within MS 04-0024 (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 04-0024 for fiscal year 2005/2006 to
be collected on the tax rolls.
I hereby certify that this is a true and correct copy
AA:ms of an action taken and entered on the minutes of
G:\GpData\SpDist\Board Orders\2006-Board Orders\05-02-06 BO MS 04-024(Hearing).doc the Board of Supervisors on the date shown.
Orig.Dept.:Public Works Department(Special Districts)
Contact: Alex Anaya(313-2286) 'S 7 c�ft
cc: Assessor ATTESTED:
Auditor-Controller JOHN CULLEN, erk of the Board of
County Administrator Supervisors and Co Administrator
County Counsel
By Deputy
Resolution No. 2006/2
Public Works Department
255 Glacier Drive, Martinez
DATE: May 2, 2006
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS 04-0024 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 04-0024 into County Service Area L-
100 Lighting District held between March 7, 2006 and May 2, 2006 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 04-0024
Yes 1 No
I further certify that the total number of ballots cast in the proposed annexation of MS 04-0024 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.
AA:ms
G:\GrpData\SpDist\Board Orders\2006-Board Orders\05-02-06 BO MS 04-024(Hearing).doc