HomeMy WebLinkAboutMINUTES - 07222008 - SD.3 s L Contra
TO: BOARD OF SUPERVISORS _
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR
J Costa
ST'9 COU
DATE: July 22, 2008 ounty
Je�l'C�o
SUBJECT: HEARING to ADOPT Resolution No. 2008/*** accepting tabulation of mail-in ballots,
confirming the Engineer's Report for Minor Subdivision 05-0024, El Sobrante area. (County
Service Area L-100 Funds) (District I) Project No.:7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
HEARING to ADOPT Resolution No. 2008/ accepting tabulation of mail-in ballots, confirming the
Engineer's Report and authorizing the levy of street light charges for Minor Subdivision 05-0024.
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:
ECOMMENDATION OF COUNTY ADMINISTRATOR
eECOMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE (S):
ACTION OF BOARD ONj1) 1 a668 APPROVED AS RECO ENDED (�I ER
""'`J / /
VOCE OF SUPERVISORS
�/ UNANIMOUS(ABSENT
AN A S:
ABSEBSENT. ABSTAIN:
I hereby certify that this is a true and correct copy of an
JW:st action taken and entered on the minutes of the Board of
G:\SpDist\Board Orders\2008\Board Orders 7-22-07\07-22-08 BO Reso MS05-0024.doc Supervisors on the date shown.
Orig.Div:Public Works Department(Special Districts)
Contact: Warren Lai(nistra or) 1 �
cc: County Administrator ATTESTED.
Assessor JOHN CULLEN,CleW of the B and of Supervisors and
Auditor-Controller
Community Development County Administrator
County Counsel
By ,
Deputy
SUBJECT: HEARING to ADOPT Resolution No. 2008/*** accepting tabulation of mail-in ballots,
confirming the Engineer's Report for Minor Subdivision 05-0024, El Sobrante area. (County
Service Area L-100 Funds) (District I) Project No.:7394-6X5001
DATE: July 22, 2008
PAGE: 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
CSA L-100 was formed pursuant to the County Service Area Law to ensure the proper flow of funds for the
ongoing operation, maintenance and servicing of street lighting in the public right-of-way throughout
unincorporated Contra Costa County. Each year thereafter an annual Engineer's Report has been prepared and
approved, an annual assessment has been levied on the parcels within CSA L-100, and as a condition of
approval as properties develop, they have been required to annex into CSA L-100.
In order to annex property into CSA L-100,property owners must vote to approve the annexation. Article XIIID
of the California Constitution (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:
Without Board of Supervisors' approval, this project will not be in compliance with the Conditions of Approval
for Minor Subdivision 05-0024 and an alternative means to finance street lighting within the public right of way
would have to be found.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on July 22, 2008 by the following vote:
AYES: �l tom- 4 MlO-1) &hle_1
NOES: N �
ABSENT: PX
ABSTAIN: rq oN r RESOLUTION NO. 2008/S6
SUBJECT: HEARING to ADOPT Resolution No. 2008/ accepting tabulation of mail-in ballots,
confirming the Engineer's Report for Minor Subdivision 05-0024, El Sobrante area. (County
Service Area L-100 Funds) (District I) Project No.:7394-6X5001
The Board of Supervisors of Contra Costa County RESOLVES:
1. In accordance with California Government Code 25210.82, on June 3, 2008, the Board of Supervisors
adopted Resolution No. 2008/381 accepting an Engineer's Report for street light charges for County
Service Area L-100 (CSA L-100), which included the exterior boundaries of the territory proposed for
annexation.
2. Resolution No. 2008/381 also declared 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 2007/2008 and set a
public hearing for July 22, 2008. Notice of the hearing was given in the time and manner required by
law.
3. Notices and ballots have been mailed to the property owner of record as required by Section 4 of Article
XIIID of the California Constitution (Proposition 218), and the returned ballots are ready to be tabulated.
NOW, THEREFORE, the Board FINDS, DETERMINES and RESOLVES that:
1. A public hearing was held before this Board on July 22, 2008, at 9:30 a.m. At the hearing, the Engineer
of Work presented to the Board all ballots received from property owners within Minor Subdivision 05-
0024. 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.
2. A majority protest, as defined in Section 4 (e) of Article XIIID of the California Constitution and Section
25210.84 of the Government Code, does not exist.
3. The Board hereby approves the proposed annexation of Minor Subdivision 05-0024, confirms the
diagram and assessment as set forth in the Engineer's Report, and authorizes the levy of the street light
charges for fiscal year 2007/2008 to be collected on the tax rolls.
I hereby certify that this is a true and correct copy
G:\SpDist\Board Orders\2008\Board Orders 7-22-07\07-22-08 BO Reso MS05-0024.doc of an action taken and entered othe minutes of
Contact: Warren Lai(313-2180)Orig.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown.
Cont
cc: Assessor
Auditor-Controller ATTESTEDJ
County Administrator JOHN CULLEN, Jerk f the Board of
County Counsel
Supervisors and County Administrator
Resolution No.2008/W6
B eputy
Public.Works Department
255 Glacier Drive, Martinez
DATE: July 22, 2008
TO: oard of Sue rs
FROM: ulia R. Bueren, Public Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of in Minor Subdivision 05-0024 into
CSA L-100
I, Julia R. Bueren, 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 05-0024 into County Service Area
L-100 Lighting District held on July 22, 2008 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
Minor Subdivision 05-0024
Yes n No
I further certify that the total number of ballots cast in the proposed annexation of Minor Subdivision 05-0024
into County Service Area L-100 Lighting District at said election was and attached hereto are the total
ballots received for and against annexation and assessment.
GASpDist\Board Orders\2008\Board Orders 7-22-07\07-22-08 BO Reso MS05-0024.doc