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Home My WebLink AboutMINUTES - 01272009 - SD.5 . '1 TO: BOARD OF SUPERVISORS Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ` ¢ Costa � rq cbiii+� 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 Minor Subdivision 06-0005, Walnut Creek area. (County Service Area L-100 Funds) (District II) Project No.:7394-6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: HEARING to ADOPT Resolution No. 2009/3a 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 06-0005. 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 APCOMMENDATION OF BOARD COMMITTEE PROVE —OTHER SIGNATURF,(S): ACTION OF BOARD ON� ! p APPROVED AS REC MENDED_O VOCE OF SUPERVISORS 1/ UNANIMOUS(ABSFNT � ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an MP:ab action taken and entered on the minutes of the Board of G:\SpDist\Board Orders\2009Uanuary 27\Board Reso(Hearing)-MS06-0005.doc Supervisors on the date shown, Orig.Div:Public Works(Special Districts) Contact: Michelle Parella(313-2286) cc: County Administrator a7 Assessor ATTESTED: — Auditor-Controller DAVID TWA,Clerk of th and of upervisors and Community Development County Administrator County Counsel ,,,,..��,,,..AA ', N By l�rti'�1 Deputy 3a- 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 Minor Subdivision 06-0005, Walnut Creek area. (County Service Area L-100 Funds) (District II) 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 Minor Subdivision 06-0005 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/ 3A 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 Minor Subdivision 06-0005, Walnut Creek area. (County Service Area L-100 Funds) (District II) 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. 2008/754 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. 2008/754 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 Minor Subdivision 06-0005. 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 06-0005, 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 ^H- I hereby certify that this is a true and correct copy G:\SpDist\Board Orders\2009Vanuary 27\Board Reso(Hearing)-MS06-0005.doe 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 Parella(313-2286) my cc: Assessor ATTESTED Auditor-Controller County Administrator DAVID TWA, Clerk oft Board of Supervisors County Counsel and County Administrator Resolution No. 2009/L-'J�By' (t"(/>i Deputy Public Works Department 255 Glacier Drive, Martinez DATE: January 27, 2009 TO: (;Jull d of S e .s rs FROM: . Bueren, bli Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of in Minor Subdivision 06-0005 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 06-0005 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 Minor Subdivision 06-0005 Yes No I further certify that the total number of ballots cast in the proposed annexation of Minor Subdivision 06-0005 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\2009Uanuary 27\Board Reso(Hearing)-MS06-0005.doc