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Home My WebLink AboutMINUTES - 06062006 - C.21 (2) Cw • 2ol 6 •_ L TO: BOARD OF SUPERVISORS, AS BOARD OF .;. _ Contra DIRECTORS OF COUNTY SERVICE AREA M-28 " 'f �� x• �::i:,,,_g--_ ,z Costa FROM: MAURICE M. SHIU, PUBLIC. WORKS DIRECTOR o� _ Sra- c6vii r't County DATE: June 6, 2006 SUBJECT: ADOPT Resolution No. 2006/*** accepting the Preliminary Engineer's Report for County Service Area M-28 for Fiscal Year 2006/2007; and fixing a public hearing for June 6, 2006 at 9:30 a.m. to consider levying the proposed annual water service charges for County Service Area M-28, Bethel Island area. (District V) Project No. 7473-6X9E70 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2006/**7 accepting the Preliminary Engineer's Report for County Service Area M-28 for Fiscal.Year 2006/2007; and fixing a public hearing for June 6, 2006 at 9:30 a.m. to consider levying the proposed annual water service charges for County Service Area M-28, Bethel Island area. (District V) Project No. 7473-6X9E70 FISCAL IMPACT: There is no impact to the County General Fund. Water service in CSA M-28 is funded entirely by annual water - Continued on Attachment:X SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): % Z," 4 ACTION OF BOAR 'O APPROVED AS RECOMMENDED_OTHER i VOT SUPERVISORS �� UNANIMOUS(ABSENT / y»C/ ) 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 AYES: NOES: shown. ABSENT: ABSTAIN: v ATTESTED: ��ri/ e�J °��A�� AA:ms — '/ JOHN CULLEN.Clk of the Board of Supervisors and County G:\GrpData\SpDist\Board Orders2006-Board Orders�Annual Administrator Renewals\M-28W-Final CSAM28.doc • Orig.Div:Public Works(Special Districts) Contact: Alex Anava(313-2286) By Deputy cc: County Administrator Assessor Auditor-Controller Community Devclopment County Counsel SUBJECT: ADOPT Resolutior0o. 2006/*** accepting the Prelimire Engineer's Report for County Service Area M-28 for Fiscal Year 2006/2007; and fixing a public hearing for June 6, 2006 at 9:30 a.m. to consider levying the proposed annual water service charges for County Service Area M-28, Bethel Island area. (District V) Project No. 7473-6X9E70 DATE: June 6, 2006 PAGE: 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: On April 4, 2006. the Board of Supervisors adopted Resolution No. 2006//Uccepting filing of the Preliminary Engineer's Report for County Service Area M-28 for Fiscal Year 2006/2007, declaring the intention to levy the proposed annual water service charges for County Service Area M-28, and fixing June 6, 2006 at 9:30 a.m., in the Board Chambers, as the time and place for a public hearing accepting the filing of the Final Engineer's Report. 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. There is no change to the annual water service charge for County Service Area M-28. Annual revenue will remain at $75,300.00. CONSEQUENCES OF NEGATIVE ACTION: The County Service Area M-28 would have to reduce or eliminate water service or raise the necessary revenue by other means. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 6, 2006 by the following vote: AYES: Uilkenta. Pieplio.DeSa.ttlttier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ ��02 SUBJECT: ADOPT Resolution No. 2006/ ** accepting the Preliminary Engineer's Report for County Service Area M-28 for Fiscal Year 2006/2007; and fixing a public hearing for June 6, 2006 at 9:30 a.m. to consider levying the proposed annual water service charges for County.Service Area M-28, Bethel Island area. (District V) Project No. 7473-6X9E70 The Board of Supervisors of Contra Costa County ORDAINS as follows: 1. ANNUAL WATER SERVICE CHARGES FOR FISCAL YEAR.2006/2007. For Fiscal Year 2006/2007, 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 2006/2007. - -(a)-Once-a-year--the Board-shall-cause-to-be-prepared-a-written-reports-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 with 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 thereon 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. 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. V f�JOr / D 4� -,Aco� A.4:ms - ATTESTED: G:\GrpData\SpDist\Board Orders'2006-Board Orders\ JOHN CULLEN, Clerk of the Board of Supervisors Annual Renewals\M-28\BO CSA M-28 Final.doc and County Administrator. Orig.Dept:Public Works Department(Special Districts) Contact: Alex Anava(313-2286) cc: Assessor By. Deputy Auditor-Controller County Administrfor County Counsel Resolution No. 2006'/,(,.Z- SUBJECT: ADOPT Resolution 12006/'K* accepting the Preliminary Oneer's Report for County Service Area M-28 for Fiscal Year 2006/2007; and fixing a public hearing for June 6, 2006 at 9:30 a.m. to consider levying the proposed annual water service charges for County Service Area M-28, Bethel Island area. (District V) Project No. 7473-6X9E70 DATE: June 6, 2006 PAGE: 2 (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 tnay 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 encumbrance 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.,subiectto 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 for a railroad, gas, water, or electric utility shall be presumed to be permanent. Resolution No. 2006/ A;t NOTICE TO RECORD OWNER Why did you receive this Notice? Under the California Constitution, a "fee" or "charge" means any levy other than an ad valorem tax, a special tax, or an assessment, "imposed by an agency upon a parcel or upon a person as an incident of property ownership, including a user fee or charge for a property related service." (Cal. Const., art 13D, S 2, subd. (e). ) The California Supreme Court has held that supplying water is a "property-related service," within the constitutional definition of a fee or charge. How Match is the Water Service Charge? The water service charge will be$75,300.00 for fiscal year 2006-2007. Will this Water Service Charge Increase in the Future? The Service Area does not intend to increase the service charge, and it cannot be increased without another election. What does the Service Charge Fund? The service charge allows The County Service Area M-28 which includes, but is not limited to, the acquisition, construction, operation, replacement, maintenance, and repair of water supply and distribution systems, including land, easements, rights-of-way, and water rights. How was nay Service Charge Calculated? The total cost to provide and maintain the water supply and distribution systems is allocated to each property based on estimated special benefit received. An Engineer's Report detailing the method of assessment, budgets and assessments for each parcel is available for review at the Contra Costa County Department of Public Works, 255 Glacier Drive, CA 94553-4897. Public Hearing -- --The--hearing--will--be--held-.on...June 6;2006-:at-9:30--a-.m:--=in-the B_oard�,of'•Superv-isors••C—.hambe.rs--County___ .--..Administration-Building,_651 Pine--Street,.Martinez, CA -9.45.53..- At this.hearing,..the Board-will -take final public testimony and take action on whether or not to levy the service fee based upon the testimony and ballots received. Total Service Charge On CSA M-28 In the event that the proposed service charge is levied, the total amount chargeable to CSA M-28 will be $75,300.00 for fiscal year 2006-2007 �ONTRACOS'TA COUNT COUNTY SERVICE AREA M-28, FINAL ENGINEER'S REPORT FOR FISCAL YEAR 2006/2007 i Board of Supervisors John Gioia, District 1 Gayle B. Uilkema, District ? Mary Piepho, 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 2006/2007 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 2006/2007, 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 -be-.collected-on-.a--tax-roll--of-Gontra.!Gosta--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 2006/2007 Water.Service Charge Parcel No. Amount 029-020-00.4-7 $75,300.00 TOTAL $75,300.00 COUNTY SERVICE AREA M-28 BUDGET REPORT FOR FISCAL YEAR 2006/2007 Revenues 2006/2007 Annual Use Charge $75,300.00 Carry-Over Prior Year $89,479.00 TOTAL REVENUE $164,779.00 Expenditures Operation and Maintenance 1. Communications/DOIT . $550.00 2. Utilities $18,000.00 3. Insurance $650.00 __4.—Professional/Specialized Services— .........-._ -$555000-._00- 5. 000:00 5. Memberships $200.00 6. Taxes and Assessments $300.00 7. Miscellaneous Supplies/Services $20,700.00 8.. Reserves for Capital Replacement . $29,879.00 9. Operating Reserves $37.500.00 TOTAL EXPENDITURES $164,779.00 CONTRA COSTA COUNTY COUNTY SERVICE AREA M-28 ASSESSMENT ROLL FISCAL YEAR 2006/2007 LEVIES & ASSESSMENT TO BE ENROLLED ON THE TAX ROLL Parcel Number Levy Code Fund Revenue Levy Amount 0290200047 GO 2473 9.797 $75,300.00 TOTALS: 1 $75,300.00 Anashia Lloyd To: EShar@cob.cccounty.us <cctlegals@cctimes.c cc: orp> Subject: Re: NOTICE OF PUBLIC HEARING CSA M-28, BETHEL ISLAND 04/04/2006 03:13 PIVI Please respond to cctlegals THE FOLLOWING e-mail contains pertinent information; please read it caref'ully in its enti rcty. PLI' :,VE NOTE:All of our offices ►vill be closed Memorial Day, Monday, Mtu 29, 2006. Good Afternoon. If you have any questions regarding the legal notice confiizned below, please reference the LEGAL NUMBER provided. Only e-mail tocetleaalsi Plc:.ise publish the above NOTICE OF HEARING on your CONTRA COSTA Tl NI F.S. under our Ref. No. 1148, on.May 23, and May 30, 2006, RE: Annual Water Sery t. . Cl�a� for CSA M-28, Bethel Island. Tli mks for your attention. (See attached file: PUBLIC HEARING ON ANNUAL CHARGES FOR CSA M !)i:THEL I I-)I-AND AREA.doc) !]mct; _1,; L. Sharp Clei.: ''the Board -----------=------------------------------------------------------------ Name: PUBLIC HEARING ON ANIN[[l_1AL CHARGES FOR CSA M-28 BETHEL ISLAND AREA.doc PLJ31 IC HEAL ING ON ANNUAL CHARGES FOR CSA M-28 BETHEL ISLAND .AR !oc T. pe: WINWORD File (application/msword) Encoding: base64 Download Status: Not downloaded with mess,��e LEGAL PUBLICATION REQUISTION � = Contra Costa County Ilk �6 From: Clerk of the Board To: Contra Costa Times 651 Pine St_, Room 106 PO Box 5124 Martinez, CA 94553 Walnut Creek,-CA'94596 Requested by: . EMY L. SHARP Date: APRIL 04,. 2006 Phone No:- 925-335-1903 Reference No:. AW 6X9E70 Org: 7473 Sub Object: 2190 Task: sas Activity: Publication Date (s): MAY 23, 2006 AND . MAY 30, 2006 -No. of Pages: (2) LEGAL. PUBLICATION- NOTICE OF PUBLIC HEARING TO CONSIDER ANNUAL WATER SERVICE CHARGES FOR COUNTY SERVICE AREA M-28, BEIHEL ISLAND AREA, DISTRICT V. "E-MAIL" ••••Immediately upon expiration of publication,••••`. _ — send in one afridavit for each publication in order that the auditor may be authorized to pay your bill. Authorized Signature Please corlfirnl date of publication & receipt of this fax.