HomeMy WebLinkAboutMINUTES - 01272009 - SD.3 TO: BOARD OF SUPERVISORS _ Contra
_ Costa
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR o
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SrA COUN'�
DATE: January 27, 2009 County
SUBJECT: HEARING to ADOPT Resolution No. 2009/*-* accepting tabulation of mail-in ballots,
confirming the Engineer's Report, and authorizing the levy of street light charges for Land Use
Permit 00-2107, Concord 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. 2009/3b 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 Land Use Permit 00-2107.
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 (100%).
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
COMMENDATION OF BOARD COMMITTEE
APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOARD ONJ0XLLW� 2-7 APPROVED AS RE MMENDED OTHER
i
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT✓Mg11�J )
AYES: NOES:
ABSENT: ABSTAIN:
I hereby certify that this is a true and correct copy of an
1W:ab action taken and entered on the minutes of the Board of
G:\SpDist\Board Orders\2009\January 27\Board Reso(Hearing)-LP00-2107.doc Supervisors on the date shown.
Orig.Div:Public Works(Special Districts)
Contact: Michelle Patella(313-2286) n�''
cc: County Administrator w W 21 206q
Assessor ATTESTED: Y
Auditor-Controller DAVID TWA,Clerk of the Board of Supervisors and
Community Development County Administrator
County Counsel
By WU�6 >
Dep ty
SUBJECT: HEARING to ADOPT Resolution No. 2009/*** accepting tabulation of mail-in ballots,
confirming the Engineer's Report, and authorizing the levy of street light charges for Land Use
Permit 00-2107, Concord area. (County Service Area L-100 Funds) (District IV) Project
No.:7394-6X5001
DATE: January 27, 2009
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 Land Use Permit 00-2107 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 January 27, 2009 by the following vote:
AYES: Gioia,Uilkema,Piepho,
Glover&Bonilla
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2009/3b
SUBJECT: HEARING to ADOPT Resolution No. 2009/*** 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 Land Use Permit 00-2107, Concord area. (County Service
Area L-100 Funds) (District IV) Project No.: 7394-6X5001
The Board of Supervisors of Contra Costa County RESOLVES:
1. In accordance with California Government Code 25210.82, on December 9, 2008, the Board of
Supervisors adopted Resolution No. 2008/750 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. 2008/750 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 2008/2009 and set a
public hearing for January 27, 2009. 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 January 27, 2009, at 9:30 a.m. At the hearing, the
Engineer of Work presented to the Board all ballots received from property owners within Land Use
Permit 002107. 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 Land Use Permit 00-2107, 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 2008/2009 to be collected on the tax rolls.
I hereby certify that this is a true and correct copy
G:\SpDist\Board Orders\2009Vanuary 27\13oard Reso(Hearing)-LP00-2107.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: Michelle Patella(313-2286) r i
cc: Assessor ATTESTED: &019
Auditor-Controller
County Administrator DAVID TWA, Clerk of the Board o S�visors
County Counsel and County Administrator
Resolution No. 2009/ By1V�l Il 11l ll�hQ/CL� Deputy
Public Works Department
255 Glacier Drive; Martinez
DATE: January 27, 2009
TO: and o S ery.s
FROM: J a . Bue en, u c Works Director
SUBJECT: Results of the Ballots Cast in the Proposed Annexation of in Land Use Permit 00-2107 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 Land Use Permit 00-2107 into County Service Area L-
100 Lighting District held on January.27, 2009 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
Land Use Permit 00-2107
Yes No
I further certify that the total number of ballots cast in the proposed annexation of Land Use Permit 00-2107
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:\SpDist\Board Qrders\2009Uanuary 27\Board Reso(Hearing)-LP00-2107.doc