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Home My WebLink AboutMINUTES - 07082003 - SD9 TO: BOARD OF SUPERVX—JRS OF CONTRA.COSTA COUNTN >- ALIFORNIA `�.. 91 FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR DATE: July 8, 2003 SUBJECT: CONSIDER any objections or protests to the Engineer's Report and Resolution No. 2003431 ; DETERMINE annual water service charges for Fiscal Year 200312004; CONFIRM the Final Engineer's Report; ADOPT Resolution No. 2003/431; and DIRECT collection of water service charges on the County tax roll for County Service Area M-28, Bethel Island area. (District V) Project No.: 7473-6X9E70 SPECIFIC REQUEST(s)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. CONSIDER any objections or protests to the County Service Area M-28 Preliminary Engineers Report and Resolution No. 20031431, as filed by the Public Works Director. Said written report containing a description of each parcel of real property receiving water service within said County Service Area and the amount of the charge against each parcel for Fiscal Year 2003/2004; is on file with the Clerk of the Board of Supervisors; and B. DETERMINE that a majority protest, as defined in Section 6(a) of Article XIIID of the California Constitution, does not exist; and Continued on Attachment:X SIGNATURE- _--RECOMMENDATION OF COUNTY ADMIN RA'I'D RECOMMENDATION OF BOARD COMMITTEE _ .,.�PROVE OTHER SIGNATURES : ACTION OF BOA N JULY 8, 2003 APPROVED AS RECOMMENDED OTHER I VOTE OF SUPERVISORS X UNANIMOUS(ABSENT IV ) AYES: NOES- I hereby certify that this is a true and correct copy of an action taken ABSENT: ABSTAIN: and entered on the minutes of the Board of Supervisors on the date DIS'I'f CT III SEAT VAS shown. DM:sr ATTESTED: JULY 8, 2003 G:\GrpData\SpDist\Board Orders\Annual Renewals\2003\M-28\ Board Packet\BO-Final CSA M-28.doc JOHN SWEETEN,Clerk of the Board of Supervisors and County Orig.Div:Public Works(Special Districts) Administrator Contact: Skip Epperly(313-2253) t cc: County Administrator �� t ASSeS50r BY 6' #'.. Deputy Auditor-Controller Community Development County Counsel Jerry Fahy,Eng.Svc. D.Morabe,Sp.Dist. SUBJECT: CONSIDER any objec—ins or protests to the County Service A_., M-28 Preliminary Engineer's Report and Resolution No. 2003/ ; DETERMINE annual water service charges; CONFIRM the Final Engineer's Report; ADOPT Resolution No. 2003/ ; and DIRECT collection of water service charges on the Fiscal Year 2003/2004 tax roll, Bethel Island area. (District V) Project No.: 7473-6X9E70 DATE: July 8, 2003 PAGE: -2- 1. Recommended Action: (can't) C. DETERMINE and ASSESS annual water service charges for County Service Area M-28 for Fiscal Year 2003/2004, as described therein; and D. DIRECT the Clerk of the Board to file certified copies of the final report and the resolution with the County Auditor-Controller in accordance with the provision of section 1012-2.612 of the County Ordinance Code and government Code Section 25210.77x; and E. DIRECT the County Auditor-Controller to levy the annual water service charges on the tax roll for Fiscal Year 2003/2004. II. Fiscal Impact: The above actions have no impact on County finances. Water service in County Service Area M-28 is funded entirely by annual water service charges. III. Reasons for Recommendations and Background: On May 6, 2003 the Board fixed July 8, 2003 at 9:30 a.m., in the Board Chambers, as the time and place for a public hearing on the Preliminary Engineers Report filed by the Public Works Director. All required hearing notices have been given. The proposed annual water service charges are needed to fund and maintain water service within the County Service Area M-28. The annual water service charge for County Service Area M-28 shall be $75,300.00. The last increased occurred Fiscal Year 2001/2002 IV. Consequences of lVeeative Action: The County Service Area M-28 would have to reduce or eliminate water service or raise the necessary revenue by other means. TIME BOARD OF SUPF'P VISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 8,2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKE A, AND GLOVER NOES: NONE ABSENT: SUPERVISOR DeSAULNIER DISTRICT III SEAT VACANT ABSTAINJUa RESOLUTION NO.2003/ 431 SUBJECT: Fixing annual water service charges for Fiscal Year 2003/2004 for County Service Area M-28 and providing a procedure for computing and collecting annual water service charges on the tax roll, Bethel Island area. (District V)Project No. 7472-6X9E60 The Board of Supervisors of Contra Costa County ORDAINS as follows: 1. ANNUAL WATER SERVICE CHARGES FOR FISCAL YEAR 2003/2004. For fiscal year the annual charge for water service in County Service Area M-28 is fixed at $75,300.00. The charge applicable to each parcel shall be computed by multiplying the annual charge, as determined by the Board,times a factor of one. 2. COLLECTION ON TAX ROLL. Pursuant to Section 25210.77a of the Government Code,the County hereby elects to collect the annual water service charges on the tax roll in the same manner and at the same time as the County's general ad valorem property taxes are collected. This election shall apply to fiscal year 2003/2004. 3. ANNUAL REPORTS. (a) Once a year the Board shall cause to be prepared a written report which shall contain a description of each parcel of real property receiving water service and the amount of the charge for each parcel for such year computed in conformity wit the procedure set forth in this resolution. Such report shall be filed with the Clerk of the Board. (b)Upon the filing of such report,the Clerk of the Board shall fix a time,date, and place for the hearing theron and for filing objections or protests thereto. The Clerk of the Board shall publish notice of such hearing as provided in Section 6066 of the Government Code, prior to the date set for hearing, in a newspaper of general circulation printed and published in the county. (c) At the time, date, and place stated in the notice, the Board shall hear and consider all objections or protests, if any, to the report and may continue the hearing from time to time. Upon conclusion of the hearing, the board may adopt, revise, change, reduce, or modify any charge and shall make its determination upon each charge as described in the report and thereafter,by resolution, shall confirm the report. (d) The charges set forth in the report, as confirmed, shall appear as a separate item on the tax bill. The charge shall be collected at the same time and in the same manner as ordinary County ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of County ad valorem property taxes shall be applicable to such charge; except that, if for the first year such charge is levied the real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value,or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, the charge confirmed pursuant to the resolution shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection. (e) Whenever a railroad, gas, water, or electric utility right-of-way or electric line right-of-way is included within such service area, or zone thereof, the railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be subject to the charges authorized only if, and to the extent that,it is found that it will benefit from the water service, and the railroad, gas, water, or electric utility right-of-way or electric line right-of-way shall be subject to the same penalties, and the same procedure and sale, in case of the railroad, gas,water or electric utility right-of-way or electric line right-of-way benefits from the water service, its use as a right-of-way fro a railroad, gas, water , or electric utility shall be presumed to be permanent. 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: JOHN SWEETEN,Clerk of the BVard of Supervisors and County Admin for Resolution No. 2003/431 By �� (.A* r/ Ir "" Deputy C,oNTRA COSTA COUNTY COUNTY SERVICE AREA M-28 FINAL ENGINEER'S REPORT FOR FISCAL YEAR 2003/2004 i1r, Board of Supervisors John Gioia, District 1 Gayle B. Uilkerna, District 2 Vacant,District 3 Mark DeSaulnier, District 4 Federal Glover, District 5 Prepared by Contra Costa County Public Works Department CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 WRITTEN REPORT ON WATER SERVICE CHARGES FOR FISCAL YEAR 2003/2004 This report contains a description of each parcel of real property receiving water service from the Service Area, the amount of the charge for each parcel for Fiscal Year 2003/2004, computed in conformity with the charges prescribed under District Ordinances and the budget report. Upon adoption of this report by the Board of Supervisors, the charges contained herein will be collected on a tax roll of Contra Costa County in the same manner, by the same persons, at the same time as, and together with, the County's general taxes. CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 Willow Park Marina 2003/2004 Assessment List Parcel No. Amount 029-020-004-7 $75,300.00 TOTAL $75,340.40 COUNTY SERVICE AREA M-28 BUDGET REPORT FOR FISCAL YEAR 2003/2004 FY 2001/2002- Closing 8/30 IFY 2002/2003 FY 2002/2003 FY 2002/2003 FY 2003/200 Budget !Prop. Bud et 7 Mo. Budget 11 Mo. Budget Prop. Budget Revenue: 3 .Carry over from previous year $74,488.23, $67,535.32 $67,535.32 $67,535.32 $70,439.33 Earnings on Investment $1,403.211 $1,300.00 $337.99 $337.99 $400.00 Taxes and assessments $75,300.00; $75,300.00 $75,300.00 $75,300.00 $75,300.00 Total Revenue: $151,191.44 $144,135.32 $143,173.31 $143,173.31 $155,139.33 Expenditure: Communications- 2110 $146,16 $200.00 $57.62 $154.08 $200.00 Utilities - 2120; General Services-Building Occupancy � Costs $191184.45 $13,000.00 $13,024.74 $17,981.691 $20,000.001 Publications & Legal Notices 1 2190 $11426 $100.00 $66.02 $66.02 $120.00; Non-County Professional I Specialized Svcs 2310 $542990.25 $60,000.00 $25,281.69 $32,206.05 $60,000.0 Interest payments - 3520 $26,55 $0.001 $0.00 $0.00 $0.0 Tax & Assessment Fees - 3530 "$250.82 $300.00 $250.82 $250.82 $300.0 Interfund Exp.-Gov/Gov CoCouncil - 3611 $3,630.27 I $4,000.00 $403.09 $403.09 $1,000.00 DOIT Phone Exchange - 614 I $221.72 $300.00 $97.36 $273.26 $300.00, Misc Svcs & Supplies j $0.0 $105,000.00 $0.00 $0.00 $10,000.061; Reimbursements-Gov/Gov- 5011 (County Professional I S ecialized Svcs) - 5011 $4,762.64 $5,000.00` $8,898.68E $11,762.97 $15,000.00 llnsurance - 5012 ($329.00)__ $4010.00 $636.00 $636.00 $1,000.0 Reserves for Capital iRe Iacement $0.00 $521613.22 $0.00 $47,219.3 otal Expenditures: $83,656.12 ($145,913.22)1 $48,716.021 $63,733.98 $155,139.33 CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 ASSESSMENT ROLL FISCAL YEAR 2003/2004 LEVIES &ASSESSMENT TO BE ENROLLED ON THE TAX ROLL Parcel Number Levy Code Fund Revenue Levy Amount 0290200047 I GO 2473 9797 $75,300.00 TOTALS. 1 ' $75,300.00 PROOF OF PUBLICATION (2015.5 C.C.P.) t�,t STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clark of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 84598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1834. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: July 14 all in the year of 2003 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed at alnu reek, Cal' rr ia. On this 1 d of 00 . ....................................................... Signature Contra Costa Times P0Box 414 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published)