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SD. 7

To:	Board of Supervisors
From:	Julia R. Bueren, Public Works Director/Chief Engineer
Date:	May 5, 2009

Contra

Costa

County

Subject:

HEARING to ADOPT Resolution No. 2009/188 accepting tabulation of mail-in ballots for MS 07-0006, Project No.:7394-6X5001

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/05/2009

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Gayle B. Uilkema, District II Supervisor
Mary N. Piepho, District III Supervisor
Susan A. Bonilla, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:

Susan Cohen, 313-2160

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 5, 2009
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

HEARING to ADOPT Resolution No. 2009/188 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 07-0006.

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%).

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.

BACKGROUND: (CONT'D)

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.

CONSEQUENCE OF NEGATIVE ACTION:

Without Board of Supervisors’ approval, this project will not be in compliance with the Conditions of Approval for Minor Subdivision 07-0006 and an alternative means to finance street lighting within the public right of way would have to be found.