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Home My WebLink AboutMINUTES - 09122006 - SD.4 tiF_ L Contra TO: BOARD OF SUPERVISORS _;t_ _ Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ' DATE: September 12, 2006 •S��-��rT, County SUBJECT: HEARING to ADOPT Resolution No. 2006/,f'7 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and authorizing the levy of street light charges to operate and maintain facilities and services for Subdivision (SD) 8984, County Service Area L-100, Martinez area. (CSA L-100 Funds) (District II)Project No. 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICAI-ION 'I RECOMMENDED ACTION: HEARING to ADOPT Resolution No. 2006/�o7 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and authorizing the levy of street light charges to operate and maintain facilities and services for Subdivision(SD) 8984. FISCAL IMPACT: There is no impact to the County General Fund. All costs will be covered with revenue from County Service Area(CSA) LAW. i� Continued on Attachment:X SIGNATURE: _ C� ,RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE. - (PPROVE OTHER r SIGNATURE S): ACTION OF BO DON 9.e_p{- i2 ZvOG APPROVED AS RECOMMENDED k R VOTE OF SUPERVISORS X UNANIMOUS(ABSENT 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 Supervisors on the d e s own. ABSENT: ABSTAIN: PE:sj G:\SpDist\Board Orders\2006-Board Orders\09-12-06 BO SD 8984(Hearing).doc ATTESTED: Orig.Div:Public Works(Special Districts) JOHN CULL Cl-� of the Board of Supervisors and Contact: Patricia Edwards(313-2286) County Admi stralor cc: County Administrator Assessor Auditor-Controller By Community Development De County Counscl LAFCO SUBJECT: HEARING to ADOPT Resolution No. 2006/ accepting tabulation of mail-in ballots, confirming the Engineer's.diagram and authorizing the levy of street light charges to operate.and maintain facilities and services for Subdivision (SD) 8984, County Service Area L-100, Martinez area. (CSA L-100 Funds) (District H) Project No. 7394-6X5001 DATE: September 12, 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 comply 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 SD 8984 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 September 12,2006, by the following vote: • AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None 1 ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/SV'7 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment. and Levy of Street Light Charges for Subdivision (SD) 8984, County Service Area L-100, Martinez area. (District II) Project 7394-6X5001 I The Board of Supervisors of Contra Costa County RESOLVES: 1. On June 6, 2006, the Board of Supervisors adopted Resolution No. 2006/343 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 June 6, 2006, the Board adopted Resolution No. 2006/343 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 2006/2007 and setting a public hearing for July 25, 2006. Notice of the hearing was given in the time and manner required bylaw'. 3. Resolution No. 2006/457 directed the Engineer of Work(Public Works Director) to mail to the property owners within SD 8984 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 September 12, 2006, at 9:30 a.m. At the hearing,the Engineer of Work presented to the Board all ballots received from property owners within SD 8984. 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 SD 8984 for fiscal year 2006/2007 to be collected on the tax rolls. I hereby certify that this is a true and correct copy PE:sj of an action taken and entered on the minutes of G:\SpDist\Board Orders\2006-Board Orders\09-12-06 BO SD 8984(Hearing).doc Orig.Dept.:Public Works Department(Special Districts) the Board of Supe visors on the date shown. Contact: Patricia Edwards(313-2286) cc: Assessor ATTESTED: Auditor-Controller JOHN CULL , Clerk of the Board of County Administrator County Counsel Supervisors and County Administrator Resolution No.2006/552Y Deputy Public Works Department 255 Glacier Drive, Martinez DATE: September 12, 2006 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 8984 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 Subdivision (SD) 8984 into County Service Area L-100 Lighting District held between July 25, 2006 and September 12, 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 SD 8984 Yes x No I further certify that the total number of ballots cast in the proposed annexation of SD 8984 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. PE:sj G:\SpDist\Board Orders\2006-Board Orders\09-12-06 BO SD 8984(Hearing).doc 'i