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Home My WebLink AboutMINUTES - 09262006 - SD.3 L °� Contra TO: BOARD OF SUPERVISORS Costa Q ?w`�4 c FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORCOU1;" -l W •`c � �y "1 T County DATE: September 26, 2006 LS P. 3 SUBJECT: HEARING to ADOPT Resolution No. 2006/58q accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessment, and authorizing the levy of street light charges to operate and maintain facilities and services for Subdivision (SD) 8824, Walnut Creek area. (County Service Area L-1.00 Funds) (District 111) Project 7394-6X5001 SPIiCIFIC RI_QUIiS RS)OR RI:C't.)NINIENDATION(S)&BACKGROUND AND.IUSTIFIC A'IION RECOMMENDED ACTION: HEARING to ADOPT Resolution No. 2006/569 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessment and authorizing the levy of street light charges for Subdivision (SD) 8824. .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 Attacinnent: \ SIGNATURE: --RECOMMENDATION OF COUNTY ADMINIS'T'RATOR _RECOMMENDATION OF BOARD COMMI'T'TEE 710"PROVE THER SIGNA,r u RE(S): ACTION OF BOA ON 9 ab APPROVED AS RECOMMENDED iO HER OPEN AND CEASE THE PUBLIC HEARING. THERE WERE NO PUBLIC SPEAKERS. ACCEPTED TABULATION OF.'RUI OTS. VOTE OF SUPERVISORS 1/• UNANIMOUS(ABSENT G ) f 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. PE:sj G:\SpDist\Board Orders\2006-Board Orders\09-19-06 BO SD 8824(Hearing).doc ATTESTED: Orig.Div:Public Works(Special Districts) JOHN'CULLEN,G Jerk of the Board of upervisors and Contact: Patricia Edwards(313-'"_'8G) County Administrator cc: County Administrator Assessor Auditor-Controller By, Community Development Deputy COL111tV C'OU11SCl I.,Ar•C'O SUBJECT: HEARING to ADOPT Resolution No. 2006/58 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessmint, and authorizing the levy of street light charges to operate and maintain facilities and services for Subdivision (SD) 8824, Walnut Creek area. (County Service Area L-100 Funds) (District IIl) Project 7394-6X5001 DATE: September 26, 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 8824 and an alternative means to finance public right of way street lighting would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COITNTY, CALIFORNIA Adopted this Resolution on September 26, 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnicr,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOI..1.-TION NO. 2006/5 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of the Engineer's Diagram and Assessment and Levy of Street Light Charges to operate and maintain facilities and services for Subdivision (SD) 8824, Walnut Creek area. (District III) Project 7394-6X5001 The Board of Supervisors of Contra Costa County RESOLVES: I. ' 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 (CSA 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 by law. 3. On August 8, 2006 the Board adopted Resolution No. 2006/482 directing the Engineer of Work (Public Works Director) to mail to the property owners within SD 8824 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 26, 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 8824. 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 snake 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 8824 for fiscal year 2006/2007 to be collected on the tax rolls. I hereby certify that this is a trite and correct copy of an action taken and entered on the minutes of G:\SpDist\Board Orders\'006-Board Orders\09-19-06 130 SD 8524(1-learing).doc Or!,,,.Dept.:Public works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Patricia Edwards(313-2286) W. Assessor ATTESTED:S �1� .7,t�o 1 CJ�IJJ �ij Auditor-Controller JOHN CULLEN, Clerk of the Board of County Administrator Cowtty Counsel Supervisors and County Adnunistrator By Deputy Resolution No. 2006�� Public Works Department 255 Glacier Drive, Martinez DATE: September 26, 2006 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 8824 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) 8824 into County Service Area L-100 Lighting District held between August 1, 2006 and September 26, 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 8824 Yes A No I filrther certify that the total number of ballots cast in the proposed annexation of SD 8824 into County Service Area L-100 Lighting District at said election was one and attached hereto arc the total ballots received for and against annexation and assessment. I'e:sj G:\SpDist\Board Orders\2006-Board 0rders\09-19-06 130 SD 8824(11caring).doc