HomeMy WebLinkAboutMINUTES - 02262008 - SD.4 ).
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TO: BOARD OF SUPERVISORS =t''
Contra
Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
tY�
DATE: February 26, 2008
County
SUBJECT: HEARING to ADOPT Resolution No. 2008//OJ for Minor Subdivision 03-0002, El Sobrante
area. (County Service Area L-100 Funds) (District I) Project No.: 7394-6X5001
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
i'
RECOMMENDED ACTION:
HEARING to ADOPT Resolution. No. 2008//0% accepting tabulation of mail-in ballots, confirming the
Engineer's Report and authorizing the levy of street light charges to operate and maintain facilities and services
for Minor Subdivision 03-0002.
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: a SIGNATURE:
_&IfECOI\IMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE V/ d
APPROVE OTHER
r.
SIGNATURE(S): _Ag__/
ACTION OF BnIJFD ON,.J_Ig(,qJC f APPROVED AS RECOMAIENDED_O HER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
A13SENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an
JW:ab action taken and entered on the minutes of the Board of
E:\Contra t:100\$forms\Board Reso([-tearing)-Step 3 Form.doc Supervisors on the date shown.
Ori,;.Div:Public Works(Special Districts)
Contact: Warren Lai(313-2180) � ,,(�1IA �r �(
cc: County Administrator ATTESTEDI � v U ! 0, v
Assessor JOHN CULLEN,Clerk of tlw&ard of Supervisors and
Auditor-Controller
Community Development County Administrator
County Counsel 04WAI�l
Q LAFCO �(,(jl„PiVL1
Francisco&Associates,Inc.-130 Market Place,Suite160-San Ramon,CA 94583 By ,
Deputy
SUBJECT: HEARING to ADOPT Resolution No. 2008/ 0 for Minor Subdivision 03-0002, El Sobrante
area. (County Service Area L-100 Funds) (District 1) Project No.: 7394-6X5001
DATE: February 26, 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.
CONSEOUENCES OF NEGATIVE ACTION:
Without Board of Supervisors' approval, this project will not be in compliance with the Conditions of Approval
for Minor Subdivision 03-0002 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 February 26, 2008 by the following vote:
AYES: GIOIA, UILKEMA, BONILLA, PIEPHO, &GLOVER i
i
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
I
RESOLUTION NO. 2008/
SUBJECT: 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 to operate and
maintain facilities and services for Minor Subdivision 03-0002, 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 January 8, 2008, the Board of Supervisors
adopted Resolution No. 2008/26 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. 2008/26 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 February 26, 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 February 26, 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 03-0002. 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 Govenunent Code, does not exist.
3. The Board hereby approves the proposed annexation of Minor Subdivision 03-0002, 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 r^"�
I hereby certify that this is a true and correct copy
G:\SpDist\Board Orders\2008\2-2G-0813oard Reso(Hearing)-MS03-0002.doc of an action taken and entered on the minutes of
Orig.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown.
Contact: Warren Lai(313-2180) }}^^.,,(( 2&17-609
cc: Assessor ATTESTED:i'1vY�I�I,LCr14
Auditor-Controller JOHN CULLEN, Clem of the Board of
County Administrator
County Counsel Supervisors and County Administrator
LAFCO
Francisco&Associates,inc.-130 Market Place,Suite 160-San Ramon,CA 94583 ]�� /
Resolution No. 2008/ By. [ W1' ./,' Wddt/4 Deputy
ivq
Public Works Department
255 Glacier Drive, Martinez
DATE: February 26, 2008
TO: Board of Supervisors
FROM: Maurice M. Shiu, Public Works Director
SUBJECT: .Results of the Ballots Cast in the Proposed Annexation of in Minor Subdivision 03-0002 into
CSA L-100
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 03-0002 into County
Service Area L-100 Lighting District held on February 26, 2008 do hereby certify the Following to be a frill, 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 03-0002
Yes No
I further certify that the total number of ballots cast in the proposed annexation of Minor Subdivision 03-0002
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.
G:\.SpDjst\13oard Orders\2003\2-26-00oard Reso(Hearin.-)-MS03-0002.doc