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Home My WebLink AboutMINUTES - 12122006 - SD.3 1\ Contra TO: BOARD OF SUPERVISORS - Costa 6p FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR ` .v,�o 3 K�`r Count DATE: December 12, 2006 �a� y SUBJECT: HEARING to ADOPT Resolution No. 2000accepting 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 97-8100, Walnut Creek area. (County Service Area L-100 Funds) (District IV) Project No. 7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: HEARING to ADOPT Resolution No. 2006/7 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessment, and authorizing the levy of street light charges for Subdivision 97-8100. FISCAL IMPACT: There is no impact to the County General Fund. All costs are funded with revenue from County Service Area (CSA) L-100. Continued on Attachment:X SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PROVE OTHER SIGNATURE(S): ACTION OF%)"ON APPROVED AS RECOMMENDED_ HER The Chair opened the public hearing, there were no public speakers. The Chair closed the public hearing and adopted staff recommendations. VO OF SUPERVISORS UNANIMOUS(ABSENT _) AYES: NOES: `,ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an V PE:sj ' bWuLr-:Cv— action taken and entered on the minutes of the Board of G:\SpDiWBoard Ordersl2006-Board Orders112-12-06 BO Board Reso(Hearing)-SD 8100.doc Supervisors on the date shown. Orig.Div:Public Works(Special Districts) Contact: Patricia Edwards(313-2286) cc: County Administrator ATTESTED-1)22iWA&C Assessor JOHN CULLEN,Clerk of the Board of upervisors and Auditor-Controller Community Development County Administrator County Counsel Engineering Services LAFCO(LAFCO 06-18) By Deputy SUBJECT: HEARING to ADOPT Resolution No. 2006/ 186 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 97-8100, Walnut Creek area. (County Service Area L-100 Funds) (District IV) Project No. 7394-6X5001 DATE: December 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: Without Board of Supervisor' approval, this project will not be in compliance with the Conditions of Approval for Subdivision 97-8100 and an alternative means to finance public right of way street lighting would have to be identified. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 12, 2006 by the following vote: AYES: SUPERVISORS PIEPHO, UILKEMA, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT IV SEAT VACANT RESOLUTION NO. 2006/'7&6 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 97-8100, Walnut Creek area. (District IV)Project No. 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 (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 October 24, 2006 the Board adopted Resolution No. 2006/696 directing the Engineer of Work(Public Works Director)to mail to the property owners within Subdivision 97-8100 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 December 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 Subdivision 97-8100. 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 Subdivision 97-8100 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\12-12-06 BO Board Reso(Hearing)-SD 8100.doc Orig.Dept.:Public works Department(Special Districts) the Board Of Supervisors On the date shown. Contact: Patricia Edwards(313-2286) cc: Assessor ATTESTED:baQ t Auditor-Controller JOHN CULLEN, Clerk of the Board of County Administrator Supervisors and County Administrator County Counsel Resolution No.200617Vy Deputy Public. Works Department 255 Glacier Drive, Martinez DATE: December 12, 2006 TO: Ance of Supervisors FROM: M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Subdivision 97-8100 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 97-8100 into County Service Area L-100 Lighting District held between October 24, 2006 and December 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 Subdivision 97-8100 Yes No I further certify that the total number of ballots cast in the proposed annexation of Subdivision 97-8100 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. 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