Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-453 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 2004 by the following vote: AYES: SNPERVISORS UILKENA, GREENS t G, DESAULNIER AND GLOVER NOES: NONE ABSENT: SUPERVISORS JOHN GIOIA ABSTAIN: NONE RESOLUTION NO.20041 453 SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT 111) WHEREAS, a proposal for the formation of the Knightsen Town Community Services District ("District") for the purposes of constructing, operating, maintaining, and servicing flood control and water quality improvements in the Knightsen area was initiated' by a registered voter petition; and WHEREAS,the territory of the proposed District encompasses approximately 5,131 acres, located east of the City of Oakley and northeast of the City of Brentwood, as described in Exhibit A attached to this Resolution, and includes approximately 720 registered voters; and WHEREAS,the formation includes a proposed special tax of$200 per year for developed parcels and $100 per year for undeveloped parcels; and WHEREAS, the Contra Costa Local Agency Formation Commission ("LAFCO") held duly noticed public hearings on January 14,2004,April 14, 2004, and May 12, 2004 to consider the proposed forrnation of the District. On May 12,2004, LAFCO adopted Resolution No. 03-13 approving the proposal with the following terms and conditions: 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. GC:cw AUGUST I7 2004 G:1f3rpData\FldCtlWdrrsinistrationl6oerd Ordersl2€104 80 ATTESTED: � \Resolution for Election Knightsen CSD.doc JOHN SWEETEN, Clerk of the Board of Supervisors and Orig.Dept.: Public Works(Flood Control) County Administrator Contact Person:Greg Connaughton(925)313-2271 cc: County Administrator County Counsel By -, Deputy Auditor/Controller PW(Flood Control) RESOLUTION NO. 200414_ SUBJECT RESOLUTION CALLING AN ELECTION FOR CONFIRMATIONOF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT 11 DATE: August 17, 2004 PAGE: Page 2 of 2 1) The formation of the Knightsen Town Community Services District is approved subject to confirmation at an election and subject to the condition of a 2/3 voter approval of a special tax of$200 per parcel for improved parcels and $100 per parcel for unimproved parcels (Government Code Section 56886(x)); 2) if the formation of the District is approved by majority vote, and if the special tax is approved by a'2/3 vote, the effective date of the proposed formation will be July 1, 2005, and that will be the date of recordation with the Contra Costa County Clerk by LAFCO. if either the formation of the District fails to pass by majority vote or the special parcel tax fails to pass by a 2/3 vote, the proposed formation will terminate; 3) The boundary of affected territory is amended to delete a +/-70-acrea portion located within the sphere of influence of the City of Oakley; 4) The sphere of influence for the new District is established to be consistent with the District's boundaries; 5) The name of the new District will be the Knightsen Town Community Services District; 6) The District will be governed by a five-member board of directors directly elected from registered voters that have filed candidacy and reside within the boundaries of the proposed District. The three directors with the highest number of votes shall serve four- year terms, and the other two will serve two-year terms. Subsequent elections will be for four-year terms and governed by the Uniform District Election Law. The election for directors will take place at the same time that registered voters, within the same boundaries, vote their choice on the proposed District and the aforementioned special tax. WHEREAS, in Resolution No. 03-31, LAFCO advised the Board of Supervisors of LAFCO's approval of the proposed District and requested the Board to direct the Registrar of Voters to conduct the necessary election; and WHEREAS, in Resolution No. 03-31, LAFCO designated itself as the conducting authority for protest proceedings and delegated the authority to the Executive Director and directed him to give notice and conduct a public hearing on the matter pursuant to Government Code Sections 57025, 57026, and 57051; and RESOLUTION NO. 2004- 453 2 SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE K►NI HTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL.OF A SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD. (DISTRICT III) DATE: August 17, 2004 PAGE: Page 3 of 3 WHEREAS, acting on the delegated authority from LAFCO, the Executive Officer conducted on July 14, 2004 a properly noticed public hearing to receive protests filed against the proposed formation and, following conclusion of the hearing,found that fewer than 50 percent of the voters residing within the proposedDistrict had filed written protests against the proposal; and WHEREAS, pursuant to Government Code Section 61110, the Executive Officer of LAFCO has mailed to the Board of Supervisors a copy of LAFCO's Resolution No.03-13 conditionally approving the District's formation, and the Board of Supervisors is required to call an election for the purposes of determining whether the proposed district will be formed and the proposed special tax levied on real property within the District's boundaries; and WHEREAS,pursuant to Elections Code Section 10520 and Govemment Code Section 57150,the Knightsen Town Community Services District, if approved for formation,is required to reimburse the County for the election costs incurred in the formation election. NOW, THEREFORE, THE BOARD RESOLVES THAT: 1. The Board of Supervisors hereby calls a special all mail ballot election for confirmation of the formation of the Knightsen Town Community Services District, approval of a special tax, and election of the District's first board of directors, which election shall be held on January 4, 2005 and conducted pursuant to Elections Code Section 4000. 2. Pursuant to Government Code Section 51116(c), the formation election and the proposal for adoption by the voters of a special tax shall be combined and presented to the voters as a single ballot proposition. 3. The ballot measure, to be submitted to all registered voters within the area described in Exhibit A attached to this Resolution, shall be substantially the following: „Shall the Knightsen Town Community Services District be formed upon an affirmative vote by two-thirds of the voters and become effective July 1, 2005 and include the territory'shown in Exhibit A of the Board of Supervisors Resolution and be authorized to levy up to a $200 annual tax for developed parcels and up to a $100 annual tax for undeveloped parcels for the purpose of constructing, operating, maintaining, and servicing flood control and water quality improvements?", RESOLUTION NO. 2004- 453 3 SUBJECT: RESOLUTION CALLING AN ELECTION FOR.CONFIRMATION OF THE FORMATION OF THE KNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELEC11ON OF THE DISTRICT'S INITIAL.GOVERNONIG BOARD. (DISTRICT 111) DATE: August 17, 2004 PAGE: Page 4 of 4 4. The County Clerk (Elections Department) shall conduct the election pursuant to Government Code Sections 61110-61119. 5. The County Clerk(Elections Department) and the Clerk of the Board are authorized and directed to take all actions necessary or appropriate to implement this Resolution, including: a. Publishing, posting, and mailing in a timely manner the notices of election required by Government Code Sections 61110(c), 61113(a), 61115, 57130, 57131, and 57146; and b. Determining and fixing reasonable dates prior to the election for arguments to be submitted in accordance with Government Code Sections 61113 and 57146; c. Providing notice of the date for submission of arguments and rebuttal arguments in accordance with Government Code Section 61113, 57146, and 57147; d. Receiving and selecting arguments and rebuttal arguments on the question($)submitted to the voters in accordance with Government Code Sections 61113, 57145, and 57147; e. Conducting the election for members of the governing board of the new District in accordance with Government Code Sections 61116(x), 61200, and 57139; f. Having forms available for declarations of candidacy for District director offices in a timely manner at least 113 days prior to the January 4, 2005 mailed ballot election; g. Assembling, printing, and mailing the ballot pamphlet in accordance with Government Cade Section 61114 and 57148; and h. Conducting and reporting the canvas of the ballots cast in accordance with Government Code Section 57149. 6. The proposed District shall not be formed and the special tax shall not take effect unless the proposition is approved by two-thirds of the voters voting upon the proposition. if less than two- thirds of the votes cast at the election is in favor of forming the district, the Board of Supervisors shall declare the formation proceedings terminated. RESOLUTION NO. 2004- 453 4 SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION OF THE KNICHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A SPECIAL TAX,AND ELECTION OF THE DISTRICTS INITIAL.GOVERNING BOARD. (DISTRICT 110 DATE: August 17, 2004 PAGE: Page 5 of 5 7. Pursuant to Government Code Section 61112, within five days of the adoption of this Resolution, the Clerkof the Board shall transmit by registered mail written notification of the election call or a certified copy of this Resolution to the Executive Officer of LAFCO. 8. Pursuant to Elections Code Section 10520 and Government Code Section 57150,the Knightsen Town Community Services District, if approved for formation,shall reimburse the County for the election costs incurred in the formation election. RESOLUTION NO. 2004- 453 5 u` t \t� � 14 1by,,3Atld"��lq y E r VA �� a;,• ,,,,,, ,_.,!,�'" tC�ET`* tJj a i,�,�:t r ai r�i;s61 i'3'if�x s ' R tsp i 4 ks§ mxa m 4+4 x 4"'i" spy x { f i rSat tYff r- a sy 6F �t, �O �1 ..,r i• ° s I. .u i � w �rf 16, �9AA tttay,Aj"t E sr P, .� 1 F fr di 47 rE d-s i� i t p � r r t r ) ( a t a c„ h g sat t � y ! 115gs r ,��� Ya ;fid)�l t S�,d a �snt rar 4 r a ) > xis i,W3R trf stu"ks ; k;7fa a t rk<�}13d 1{a{P s. kvi , t k � k � 1• s p,. t • • Boundary Description LAFCO 03-13 Knightsen Community Services District KN TIGHTSEN COMMUNITY SERVICES DISTRICT An unincorporated northeastern portion of Contra Costa County, California, being all of Sections 4 and 5 and portions of Sections 2, 3, 8,9 and 10 of Township 1 North,Range 3 East (TIN, R3E), Mount Diablo Meridian, and all of Section 32, and portions of Sections 28, 29, 33, and 34 of Township 2 North, Range 3 East (T2N,R3E),Mount Diablo Meridian, described as follows: Commencing at the west one-quarter corner of Section 29, Township 2 North, Range 3 East, Mount Diablo Meridian, being also the centerline intersection of Sellers Avenue and Cypress Road; thence along the north line of the south half of Section 29, east 2,640 feet more or less,to the centerline intersection of Cypress Road and Knightsen Avenue; thence along the centerline of Knightsen Ave., south 30 feet to the southerly right of way line of Cypress Road and the Point of Beginning; thence from said Point of Beginning, along said right of way line, east 2,640 feet more or less, to the west line of Section 28 (T2N, R3E); thence continuing along said southerly right of way line, east 180 feet, more or less, to its' intersection with the northeast right of way line of the Contra Costa Canal; thence along said northeast line, south 44° 35' east 3,670 feet,more or less,to a point on the south line of said Section 28, distant thereon 2,458.9 feet from the southeast corner of Section 28;thence continuing along the northeast line of said Contra.Costa Canal, south 44° 35' east 3,670 feet, more or less, to a point in Rock Slough on the north line of the south half of Section 34 (T2N, R3E); thence north 89° 54' 15" east, 1,142.2 feet, more or less,to the northeast corner of the northwest quarter of the southwest quarter of said Section 34, being also the northwest comer of Baldocchi & Baldocchi property shown of the Record of Survey filed May 19, 1942 in Book 8 of Licensed Surveyors Maps at page 26; thence along the boundary of said Baldocchi property (as shown on said map)the following 4 courses: 1) along the east line of said quarterquarter, south 0° 26' 30" west, 1,315.1 feet, to the center of the southwest quarter of said Section 34; 2)north 891 57' east 2,632.5 feet to the center of the southeast quarter of said Section 34; 3) south 0° 01' west 2,544.6 feet to the center of the northeast quarter of Section 3, Township 1 North, Range 3 East; 4) north 89° 50' 30" east 2,033.8 feet to the southeast corner of said property; thence leaving the boundary of said property, south 0' 51 east 3,960 feet, to a point on the south line of Section 2 (TLN, R3E), distant thereon 767.4 feet from the southwest corner of said Section; thence along the south line of Sections 2 and 3 (TIN, R3E), westerly 2,090 feet, to the west line of the northeast quarter of the northeast quarter of Section 10 (TIN, R3E); thence along said west line and its' southerly prolongation, south 1° 03' 47" west 4,171.2 feet to the northeast right of way line of the Burlington, Northern and Santa Fe railroad; thence along said railroad right of way line the following 3 courses: 1) south 470 01' 43" east 809.88 feet to a curve concave to the northeast having a radius of 3,817.45 feet; 2) along the arc of said curve, southeasterly 149.8 feet, through a central angle of 2° 14' 54", to a point of compound curvature with a tangent curve concave to the northeast having a radius of 1,9019.9 feet; 3) along the arc of said curve, southeasterly 740 feet, more or less, to the east line of said Section 10; thence along said east line, crossing said railroad, south 01° 03' 47" west, 160 feet, more or less, to the southeast corner of said Section 10; thence along the south line of Section 10, west 5,280 feet, more or less, to the southeast corner of Section 9 (TIN,R3E); thence along the south line of said 1 Boundary Description LAFCO 03-13 Knightsen Community Services District Section 9, west 2,900 feet, more or less, to an angle point on the north right of way line of the East Bay Municipal Utility District Mokelumne Aqueduct, described in the deed recorded November 12, 1925 in Volume 17 of Official Records at page 63 and shown on the map of Subdivision MS 13-94 filed April 25, 1996 in Parcel Map Book 169 at page 1; thence along said north right of way line, north 69° 28' 23"west(shown as N 68° 34' 31" W on said map) 2,575 feet, more or less, to the west line of Section 9; thence continuing along said Mokelunme Aqueduct right of way line, north 64° 48' 13" west 5800 feet,more or less, to the easterly right of way line of Sellers Avenue; thence along said easterly right of way line north 13,418 feet, more or less, to the northwest corner of the parcel of land designated "L. Donato 4.89 acs net" as shown on the Record of Survey filed April 20, 1970 in Book 52 of Licensed Surveyors maps at page 44; thence along the northerly line of said parcel south 89'° 51' 45" east 1,291.50 feet to the northeasterly comer of said parcel; then north 1,100 feet, more or less, to the northwest corner of Parcel A as shown on the map of Subdivision MS 150-78 filed in Parcel Map Book 76 at page 7; thence along the north line of said Parcel A, east 669.24 feet; thence along the east line of Parcels A and B of said map, and their southerly prolongation, south 694 feet; thence east, 650 feet more or less to the centerline of Knightsen Ave; thence along said centerline,north, 1,320 feet to the Point of Beginning. Containing an area of 5,131 acres, more or less. This real property description has been prepared by me or under my direction, in conformance with the Professional Land Surveyors Act. Signaturi: Tames A. Stein, PLS 6571 EXP.9/3o/4�3 k Associate County Surveyor L.S.6571 �. Contra Costa County Public Works Department Date: OF 275 CA Apr d as to form and survey content. '. zwE ` Rene�Zwe�nuner PLS 5999 Deputy County Surveyor * Exp. 12-31-04 License Expiration Date: 12/31/2004 No.5999 Date: 8 CAS- G:1GrpData\Design`SURN'EYST,nigrtsen Cornnuuniiy services District.doc RZ:js August 4,2004 7 LEGAL PUBLICATION REQUISTION .� Contra Costa County From: Clerk of the Board To: Contra Costa Times 651 Pine St., Room 106 PO Box 5 124 Martinez, CA 94553 Walnut Creek,-CA-94596 Requested by: EMY L. SHARP Date: T r3f -0 Phone No: 925-335-1903 Reference No: Z16 Org: Sub Object: 4M Task: Activity: Publication Date (s): No. of Pages: LEGAL PUBLICATION- "*"*Immediately upon expiration of publication," " send in one affidavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature: Please confirm date of publication & receipt of this fax. CONTRA COSTA COUNTY PUBLIC WORDS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 NOTICE OF AN ELECTION TO CONFIRM THE FORMATION OF THE, KNIGHTSEN TOWN COMMUNITY" SERVICES DISTRICT NOTICE IS HEREBY GIVEN that the Board of Supervisors of Contra Costa County adopted a Resolution on August 17, 2004 calling a special all mail ballet election for confirmation of the formation of the Knightsen Town Community Services District, approval of a special tax, and election of the District's first board of directors, which election shall be held on January 4, 2005. The Knightsen Town Community Services District is proposed for the purpose of constructing, operating, maintaining and servicing flood control and water quality improvements in the Knightsen area. The boundaries of the Knightsen Town Community Services District are described as follows: Commencing at the west one-quarter corner of Section 29, Township 2 North, Range 3 East, Mount Diablo Meridian, being also the centerline intersection of Sellers Avenue and Cypress Road; thence along the north line of the south half of Section 29, east 2,640 feet more or less, to the centerline intersection of Cypress Road and Knightsen Avenue; thence along the centerline of Knightsen Ave., south 30 feet to the southerly right of way line of Cypress Road and the Point of Beginning; thence from said Point of Beginning, along said right of way line, east 2,640 feet more or less, to the west line of Section 28 (T2N, R3E); thence continuing along said southerly right of way line, east 180 feet, more or less, to its' intersection with the northeast right of way line of the Contra Costa Canal; thence along said northeast line, south 444 35' east 3,670 feet, more or less, to a point on the south line of said Section 28, distant thereon 2,458.9 feet fi-om the southeast corner of Section 28; thence continuing along the northeast line of said Contra Costa Canal, south 444 35' east 3,670 feet, more or less, to a point in Rock Slough on the north',line of the south half of Section 34 (T2N, R3E); thence north 89° 54' 15" east, 1,142.2 feet, more or less, to the northeast comer of the northwest quarter of the southwest quarter of said Section 34, being also the northwest comer of Baldocchi & Baldocchi property shown of the Record of Su,vey filed May 19, 1942 in Book 8 of Licensed Surveyors Maps at page 26; thence along the boundary of said Baldocchi property (as shown on said map) the following 4 courses: 1) along the east line of said quarter quarter, south 0° 26' 30" west, 1,315.1 feet, to the center of the southwest quarter of said Section 34; 2) north 894 57' east 2,632.5 feet to the center of the southeast quarter of said Section 34; 3} south 0° 01' west 2,544,6 feet to the center of the northeast quarter of Section 3, Township 1 North, Range 3 East; 4) north 894 50' 30" east 2,033.8 feet to the southeast corner of said property; thence leaving the boundary of said property, south 00 51 east 3,960 feet, to a point on the south line of Section 2 (TIN, R3E), distant thereon 767.4 feet from the southwest corner of said Section, thence along the south line of Sections 2 and 3 (TIN, R3E), westerly 2,090 feet,to the west line of the northeast quarter of the northeast quarter of Section 10 (TIN, R3E); thence along said west', line and its' southerly prolongation, south 1° 03' 47" west 4,171.2 feet to the northeast right of way line of the Burlington, Northern and Santa Fe railroad; thence along said railroad right of way line the following 3 courses: 1) south 47° 01' 43" east 849.88 feet to a curve concave to the northeast having a radius of 3,817.45 feet; 2) along the arc of said curve, southeasterly 149.8 feet, through a central angle of 2° 14' 54", to a point of compound curvature with a tangent curve concave to the northeast having a radius of 1,909.9 feet; 3) along the are of said curve, southeasterly 744 feet,more or less, to the east line of said Section 10;thence along said east line, crossing said railroad, south 01° 03' 47" west, 160 feet, more or less, to the southeast comer of said Section 10; thence along the south line of Section 10, west 5,280 feet, more or less, to the southeast corner of Section 9 (TIN, R3E); thence along the south line of said Section 9, west 2,904 feet, more or less, to an angle point on the north right of way line of the East Bay Municipal Utility District Mokelumne Aqueduct, described in the deed recorded November 12, 1925 in Volume 17 of Official Records at page 63 and shown on the map of Subdivision MS 13-94 filed April 25, 1996 in Parcel Map Book 169 at page 1; thence along said north right of way line, north 69° 28' 23" west (shown as N 68° 34' 31" W on said map) 2,575 feet, more or less, to the west line of Section 9; thence continuing along said Mokelunme Aqueduct right of way line, north 64° 48' 13" west 5800 feet, more or less, to the easterly right of way line of Sellers Avenue; thence along said easterly right of way line north 13,418 feet, more or less, to the northwest corner of the parcel of land designated "L. Donato 4.89 acs net" as shown on the Record of Survey filed April 20, 1970 in Book 52 of Licensed Surveyors maps at page 44; thence along the northerly line of said parcel south 89° 51' 45" east 1,291.50 feet to the northeasterly corner of said parcel; then north 1,104 feet, more or less, to the northwest corner of Parcel A as shown on the map of Subdivision IVIS 150-78 filed in Parcel Map Book 76 at page 7; thence along', the north line of said Parcel A, east 669.24 feet; thence along the east line of Parcels A and B of said map, and their southerly prolongation, south 694 feet; thence east, '650 feet more or less to the centerline of Knightsen Ave; thence along said centerline, north, 1,320 feet to the Point of Beginning. 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: AUGUST 17, 2404 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator. BY: EMY L. SHARP PUBLICATION DATE(S): AUGUST 23, 2004 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 PUBL.EICATION�REO T To: Jane Pennington, Chief, Clerk of the Board Attn: Emy Sharp, Deputy Clerk, Clerk of the Board eshar r-ob.co.contra-costa ca us From: Greg Connaughton Public Works Department (925) 313-2271 Board Meeting Date: August 17, 2004 Publication Dates: August 23, 2004 Requested Publishing Paper(s): Contra Costa Times Do not type below this line—Publication language on following page d. * TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR DATE: AUGUST 17,2004 453 SUBJECT: ADOPT Resolution No. 2004/*** CALLING an election for confirmation of the formation of the Knightsen Town Community Services District, approval of a special tax, and election of the District's initial governing board. (District IIT) SPECIFIC MUEST(S)OR.RECOMMENDAnON(s)&BACKGROUND AND TUS'MIAn"ON I. 12.ecommended Action: 453 ADOPT Resolution No. 2004/*** CALLING for an election for the confirmation of the formation of the Knightsen Town Community Services District for the purposes of designing, constructing, operating, maintaining and servicing flood control and water quality improvements in the Knightsen area.(District Iii) H. Fiscal impact: The Resolution has no impact on the General Fund. The Resolution provides for the reimbursement of election costs by the Knightsen Town Community Services District(KTCSD),pursuant to Elections Code Section10520 and Government Code Section 57150, if the formation of the KTCSD is approved by the voters. If the formation is not approved, Continued on Attachment X SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON AUGUST 17, 20()4APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS DIST. I xx UNANIMOUS(ABSENT } AYES: NOES: ABSENT: ABSTAIN: 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. GCOW or&.\WO4 ao AUGUST 17 2004 �tia a Ord"for K*um csD�ctiowdo ATTESTED: Oris.Div- g �3Gn �(92S) 13.2271 JOHN SWEETEN,Clerk of the Board of supervisors and CAO County Administrator comity counloi By Deputy SUBJECT: ADOPT Resolution No. 2004AU CALLING an election for confirmation of the formation of the Knightsen Town Community Services District, approval of a special tax, and election of the District's initial governing board. (District III) DATE: August 17,2004 PAGE: 2 Stormwater Utility Area 17 will bear the election expenses. The KTCSD will assume all costs and expenses associated with the design,construction,operation,maintenance and servicing of flood control and water quality',improvements in the KTCSD. III. Reasons for Wmemmendations and Background: On September 27,2000,the Contra Costa County Public Works Department received a grant from the U.S. EPA for,Project SDWA-CALFED-Knightsen Water Quality/Drainage Improvement Project(Assistance ID No.X-98973501-0)for the improvement of drinking water quality.The grant provided funding to: 1)study the feasibility of constructing a wetlands biofilter to improve the quality of stormwater and irrigation runoff from the Town of Knightsen and adjacent agricultural areas;2)estimate the construction cost ofthe biofilter and a drainage collection and conveyance system to discharge drainage water to the San Joaquin delta;and 3) assist the community in forming a community services district to pay for the construction and maintenance of the biofilter and the collection and conveyance facilities. The Board gave its consent to form the KTCSD on March 3,2003,Resolution No.20031182. Subsequently, the Knightsen Town Advisory Council collected a sufficient number of signatures from registered voters within the proposed district to bring the formation issue to the Contra Costa Local Agency Formation Commission (LAFCO). Duly noticed public meetings, regarding the KTCSD formation, were held on January 14, 2004, April 14, 2004, and May 5, 2004, and LAFCO approved formation of the proposed KTCSD. A protest hearing on the proposed KTCSD formation was conducted by LAFCO on July 14,2004. LAFCO received no protests and determined that the question of forming the KTCSD could proceed to a vote. The Resolution before the Board calls for a mailed ballot election on January 4, 2005,on the question of confirming the formation of the KTCSD, approval of a special tax, and election of the District's initial governing board in accordance with the recommendations of LAFCO and pursuant to Government Code Section 61110(b). IV. Conseanences of Negative Action: Failure to adopt the Resolution will terminate the process for formation of the KTCSD.