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Home My WebLink AboutMINUTES - 09262006 - SD.4 =' : TO: BOARD OF SUPERVISORS Contra 7 Costa .FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: September 26, 2006 °ter County SUBJECT: HEARING to ADOPT Resolution No. 2006/50 accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for Minor Subdivision (MS) 05-0027, Martinez area. (County Service Area L-100 Funds) (District II) Project 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMFNDATION(S)&BACKGROUND AND JUSIII'ICATION RECOMMENDED ACTION: HEARING to ADOPT Resolution No. 2006/�daccept]ng tabulation of mail-in ballots, confirming diagram and assessment and authorizing the levy of street light charges for Minor Subdivision (MS) 05-0027. 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 �PIIROVE OTHER r SIGNATURE(S): ACTION OF BO OI APPROVED AS RECOA7ME\DED_O'1 IER OPEN AND CLOSE THE PUBLIC HEARING. THERE WERE NO PUBLIC SPEAKERS. ACCEPT TABULATION OF BALLOTS. V-gTE OF SUPERVISORS V 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 ABSENT: ABSTAIN': Supervisors on the date shown. \.S G: 2b� ZOt� Ci'�.SpDist\Board Orders\20(.1(i-Board Orders`:09-7.(-O6 BO MS 05-0027(1-Icarin�).doc ATTESTED: $q)kMbW Orig.Div:Public Works(Special Districts) JOHN CULLEN,Cierk of the Board of Supervisors and Contact: Patricia Ldwards(313-2286) County Administrator cc: County Administrator Assessor Auditor-Controller By. Community Development County Counsel Deputy LAFC.'O SUBJECT: HEARING to ADOPT Resolution No. 2006/55-0 accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for Minor Subdivision (MS) 05-0027, Martinez area. (County Service Area L-100 Funds) (District. II) 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 MS 05-0027 and an alternative means to finance public right of way street lighting would have to be found. i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT:. None ABSTAIN: None RESOLUTION NO. 2006/,qD I SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for Minor Subdivision (MS) 05-0027, Martinez arca. (District II) Project 7394-6X5001 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 Resiolution 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 25J2006. Notice of the hearing was given in the time and manner required by law. 3. On August 8, 2006, the Board adopted Resolution No. 2006/483 directed the Engineer of Work (Public Works Director) to mail to the property owners within MS 05-0027 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: i 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 MS 05-0027. 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 thei engineer's report, either in writing or orally, and the Board considered each protest. 6. A majority protest, as defined in section14(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 05-0027 for fiscal year 2006/2007 to be collected on the tax rolls. I hereby certify that this is a true and correct copy 111=:sj of an action taken and entered on the minutes of G:\SpDist\Board Orders\2006-Board Ordcrs\09-26-06 BO MS 05-0027(Hearing).doc Orig.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Patricia Edwards(313-2286) cc: Assessor ATTESTED: Auditor-Controller JOHN CULLEN, Clerk of the Board of County Administrator County Counsel Supervisors and County Administrator By Deputy Resolution No. 2006/6q0 i I i I Public; Works Department 255 Glacier Drive, Martinez I DATE: September 26, 2006 TO: Board of Supervisors l FROM.: Maurice M. Shiu, Public Works Director I SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Minor Subdivision 05-0027 into CSA L-100 I I 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 Minor Subdivision (MS) 05-0027 into County Service Area L-100 Lighting Districi held between August 1, 2006 and September 26, 2006 do hereby certify the following to be a full, true andl correct Statement of Results of all votes cast on the following measure: I County Service Area L-100 Lighting District Annexation and Annual Assessment for I MS 05-0027 I I Yes XI No I I I further certify that the total number of ballots cast in the proposed annexation of MS 05-0027 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. I I I I'r:sj G:\Spllist\13oard Orders\2006-Board Orders\09-26-06 HO MS 0>-0027(Hcarmg).doc I I I I I I I I I I