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Home My WebLink AboutMINUTES - 04112006 - SD.4 Office of the Clerk of the Board of Supervisors CONTRA COSTA COUNTY 651 Pine Street, Room 106 Martinez, CA 94553 Phone: 925.335. 1900 Fax: 925.335. 1913 511 �0(0 .NOTICE OF CORRECTION TO RECORD Board Agenda Item No.:�`sD-4-- - Date: r' -April 11; 2006 Please note that the following correction was made to the record for this item: Attachment has been corrected to reflect Vote Tabulation. . PLEASE DESTROY ANY PREVIOUS COPIES ..OF THIS RECORD 4. AND REPLACE THEM WITH THE ATTACHED ;b i ,�.. Lontra TO: BOARD OF SUPERVISORS0i will"Is =_ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o Costa DATE: April 11, 2006 County SUBJECT: HEARING to ADOPT Resolution No. 2006/ 73 accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for Minor Subdivision 90-0141, County Service Area L-100, San Ramon area. (District III) Project 7394- 6X5001 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)R BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: CONDUCT HEARING to ADOPT Resolution No. 2006//Vaccepting tabulation of rail-in ballots, confirming diagram and assessment and authorizing the levy of street light charges for Minor Subdivision (MS) 90-0141. 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: RECOMMENDATION OF COUNTY ADMINISTRA RECOMMENDATION OF BOARD COMMITTEE c,A-`PI20V'E OTHER SIGNATURE(S): - ACTION OF BOVON APPROVED AS RECOMMENDED_O ER VOTE OF SUPERVISORS UNANIMOUS(ABSENT ?� ) I hereby certify that this is a true and correct copy of an AYES: NOES: action taken and entered on the minutes of the Board of ABSENT: ABSTAIN: Supervisors on the date shown. Akins / /�//..��//,, ,� �� / G:\GrpData\SpDist\•.Board Orders\2(106-Board Orders\04-11-06 BO MS 90-141 (Hearing).doe ATTESTED: l��/�(.(�C� {'/, G% Orig.IN,.:Public works(Special Districts) JOHN CULLEN, Jerk of the Board of Supervisors and Contact: Alex Anaya(313-2286) County Administrator cc: County Administrator Assessor Auditor-Controller B y. Community Development County Counsel Deputy LAFCO SUBJECT: HEARING to ADOPT Resolution No. 2006/ 173 accepting tabulation of mail-in ballots, confirming diagram and assessment, and authorizing the levy of street light charges for Minor Subdivision 90-0141, County Service Area L-100, San Ramon area. (District III) Project 7394- 6X5001 DATE: April 11, 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: This project will not be in compliance with the Conditions of Approval for MS 90-0141 and an alternative means to finance public right of way street lighting would have to be found. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 11, 2006, by the following vote: AYES: Uilkema,Piepho,DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ �3 SUBJECT: Tabulation of Mail-In Ballots, Confirmation of Diagram and Assessment and Levy of Street Light Charges for Minor Subdivision (MS) 90-0141, County Service Area L-100, San Ramon area. (District III) Project 7394-6X5001 The Board of Supervisors of Contra Costa County RESOLVES: 1. On February 7, 2006, the Board of Supervisors adopted Resolution No. 2006/59 directing the filing of the Engineer's Report for street light charges for County Service Area L-100. As directed by the Board, the Engineer of Work has filed the Engineer's Report. 2. On February 7, 2006, the Board adopted Resolution No. 2006/59 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 2005/2006 and setting a public hearing for April 11, 2006. Notice of the hearing was given in the time and manner required by law. 3. Resolution No. 2006/59 directed the Engineer of Work (Public Works Director) to mail to the property owners within MS 90-0141 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, TI-IEREFORE, the Board FINDS, DETERMINES and RESOLVES that: 5. A public hearing was held before this Board on April 11, 2006, at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within MS 90-0141. 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 MS 90-0141 for fiscal year 2005/2006 to be collected on the tax rolls. I hereby certify that this is a true and correct copy AA:n,s of an action taken and entered on the minutes of G:\GrpData\SpDist\Board Orders\2006-Board Orders\04-1 1-06 BO MS 90-141 (Hearing).doc Ori};.Dept.:Public Works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Alex Anaya(313-2286) / cc: Assessor ATTESTED: 1/ 590 Auditor-Controller JOHN CULLET , Clerk of the Board of County Administrator County COUnsel Supervisors and County Administrator By Deputy Resolution No. 2006/jI3 Public Works Department 255 Glacier.Drive, Martinez DATE: April 11, 2006 TO: Board of Supervisors FROM: Maurice M. Shiu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of MS 90-0141 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 MS 90-0141 into County Service Area L- 100 Lighting District held between February 7, 2006 and April 11, 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 MS 09-0141 Yes x No I further certify that the total number of ballots cast in the proposed annexation of MS 90-0141 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. AA:ms G:\GrpData\SpDist\Board Orderrs\2006-Board Orders\04-1 1-0G BO MS 90-141 (Hearing).doc