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Home My WebLink AboutMINUTES - 06122007 - SD.3 TO: BOARD OF SUPERVISORS ' Contra COStaof ;ralrfle.? - z FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , ooyrq-couh'C�.� DATE: Junc 12, 2007 County SUBJECT: HEARING to ADOPT Resolution No. 2007/301 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessment roll, and authorizing the levy of street light charges to parcels within the San Pablo Dam Road Street Light Installation Project for the operation and maintenance of facilities and services within County Service Area L-100, El Sobrante area. (District 1) (County Service Area.L-100 Funds) Project No. 7394-6X5001 SPECIFIC-'REQUEST(S)OR REC:OMMENDA-VION(S)R BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: CONDUCT HEARING to confine Engineer's diagram and assessment roll. CLOSE the public comment portion of the HEARING. DIRECT .Public Works staff to tabulate the ballots submitted on June 12, 2007, and present the tabulated results to the Board of Supervisors on June 12, 2007 upon reconvening for their afternoon session. ADOPT Resolution No. 2007/361 to accept tabulation of mail-in ballots and authorize the levy of street light charges for parcels within the San Pablo Dam Road Street Light Installation Project. Diagrams and assessment roll are on file with the Clerk of the Board and Public Works Department. 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: X SIGNA'T'URE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE it PPROVE OTR The Char closer?. V�.e public hearing; there were no public speakers. SIGNATURE(S)17L--L-: ' ACTION OF BOt ON APPROVED AS RECOM- MENDED�O ' - R I hereby certify that this is a true and correct copy of an The Chair opened a public hearing; there were ho public speakers,acZ,io2 '-1-q1 ndEntered on the minutes of the Board of The Chair closed the public hearing. Supervisors tEncihE date shown. VOTE OF SUPERVISORS UNANIMOUS(ABSENT ) ATTESTED: M2 ZZ AYES: NOES: JOHN CULLEK, Jerk of the 6oard of Supervisors and ABSENT: ' — ABSTAIN: County Admin ator PE:vz / G:\SpDist\Boma Orders\.?()07`()6-12-07 Board Reso(Hearing)-San Pablo Dam Road.doc l'•�L',��1,�,/Av Orig.Dig:Public Works(Special Districts) By 44 Contact: Patricia Edwards(313-2286) Deputy M. County Administrator Assessor Auditor-Controller Community Development County Counsel LAFCO SUBJECT: HEARING to ADOPT Resolution No. 2007/301 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessment roll, and authorizing the levy of street light charges to parcels within the San Pablo Dam Road Street Light Installation Project for the operation and maintenance of facilities and services within County Service Area L-100, EI Sobrante area. (County Service Area L-100 Funds) (District 1) Project No. 7394-6X5001 DATE: June 12, 2007 PAGE: 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Residents along the section of San Pablo Dam Road from May Road to D'Avila Way approached the County in 2005 requesting additional street lights be installed. The Public Works Department agreed to pursue installation of street lights if the majority of the property owners agreed to annex into County Service Area L-100 and assess themselves. Homes and subdivisions in this area were built prior to the requirement of property owners to install street lights and annex into the County's street light program (County Service Area L-100). To promote public health, safety and welfare, the Public Works Department is working with residents and homeowners along San Pablo Dam Road to provide additional street lighting. On October 17, 2006, the Public Works Department mailed a letter to property owners along this section of San Pablo Dam Road soliciting support or opposition to installation of additional street lights. The Public Works Department communicated that they would only proceed with the installations if the property owners who will be benefiting from the lights, annex into County Service Area L-100. On January 31, 2007, a second letter was Beni, to verify that property owners understood that even though they may not agree with the annexation and installation all parcels will be annexed into County Service Area L-100 if the Public Works Department receives a majority of vote in favor of the project. Public Works also communicated that if a majority of votes opposing the placement of street lights and the annexation of their property into County Service Area L-100 were received, the Public Works Department will not be able to proceed. Of the replies the Public Works Department has received, there has been a significant majority of responses in favor of the installment of street lights. Therefore, the owners of the parcels within the San Pablo Dann Road Project are requested to annex to the County's street light program to contribute to the 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 complies with the requirements for new assessments under Proposition 218. Properties along this section of San Pablo Dam Road not included in this project have either already been annexed into County Service Area L-100 and are currently being assessed this levy or are located within the City of Richmond's boundaries. Annexation of these parcels to County Service Area L-100 is contingent upon the approval of the Local Agency Formation Commission. Consequences of Negative Action: Without Board of Supervisors' approval, the Public Works Department will be unable to proceed with the San Pablo Dam Road Street Light Installation Project. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 12, 2007 by the following vote: AYES: SUPERVISORS GIOIA, BONILLA, AND PIEPHO NOES: NONE ABSENT: I-(_l I KeWla- ABSTAIN: NONE RESOLUTION NO. 2007/,301 SUBJECT: HEARING to ADOPT Resolution No. 2007/301 accepting tabulation of mail-in ballots, confirming the Engineer's diagram and assessment roll, and authorizing the levy of street light charges to parcels within the San Pablo Dam Road Street Light Installation Project for the operation and maintenance of facilities and services within County Service Area L-100, E1 Sobrante area. (District I) (County Service Area L-100 Funds) 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 April 24, 2007 the Board adopted Resolution No. 2007/225 directing the Engineer of Work (Public Works Director) to mail to the property owners within the San Pablo Dam Road Street Light Installation Project the notices and ballots required by Section 4 of Article XIII D of the California Constitution (Proposition 218). 4. Tile 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 June 12, 2007, at 9:30 a.m. At the hearing, the Engineer of Work presented to the Board all ballots received from property owners within the San Pablo Dam Road Street Light Installation Project. The Board heard and considered all protests against the proposed assessments. 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. The Board then closed the public hearing. 6. The Board directed Public Works staff to tabulate, according to the proportional financial obligation of the affected properties, the returned ballots submitted on June 12, 2007 at 9:30 a.m., and present the tabulated results to the Board of Supervisors on June 12, 2007 upon reconvening for their afternoon session. 7. A majority protest, as defined in section 4 (e) of Article XIII D, does not exist. S. The Board hereby confirms the Engineer's diagram and assessment roll as set forth in the report of the Engineer of Work and hereby authorizes the levy of street light charges to the parcels set forth therein the San Pablo Dam Road Street Light Installation Project to be collected on the fiscal year 2007/2008 tax roll. Diagrams and assessment roll are on file with the Clerk of the Board and Public Works Department. I hereby certify that this is a true and correct copy PE:vz of an action taken and entered on the minutes of G:\SpDist\Board Orders\2007\06-12-07 Board Reso(Hearing)-San Pablo Dam Road.doc Orifi.Dept.:Public works Department(Special Districts) the Board of Supervisors on the date shown. Contact: Patricia Edwards(313-2286) I � cc: Assessor ATTESTED: Auditor-controller JOHN CU16)N, Clerk of the Board of County Administrator Supervisors and County Administrator County Counsel Resolution No. 2007/ By � �" `_- >Deputy Public Works Department 255 Glacier Drive, Martinez DATE: June 12, 2007 TO: Board of Supe isors FRO aur>ce . iu, Public Works Director SUBJECT: Results of the Ballots Cast in the Proposed Annexation of Parcels within the San Pablo Dam Road Street Light Installation Project into County Service Area 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 parcels within the San Pablo Dam Road Street Light Installation Project into County Service Area L-100 Lighting District held between April 24, 2007 and June 12, 2007 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 San Pablo Dam Road Street Light Installation Project Yes e?'6-�ky No 146 I fiirther certify that the total number of ballots cast in the proposed annexation of the parcels within the San Pablo Dam Road Street Light Installation Project into County Service Area L-100 Lighting District at said election was t 2-77, ��- and attached hereto are the total ballots received for and against annexation and assessment. PE:vz G:\SpUist\CSA I.I MAnnexations\Forms\Cioard Keso(Hearing)-Form.doc