HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-569 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on October 19, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, U111 1A, GREENBERG, DE»SAULNIER
NOES: NONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE RESOLUTION No. 20041569
5 U 17;JEt-T: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE ICMIGHTSENTOWN COMMUNITY SERVICES DISTRICT,APPROVAL OF A
SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD.
(DISTRICT III)
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
formation of the District. On May 12,20104, 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
GC:cw the date shown.
G:iGrpDatalF#dCtl\Administrationi8rsard Orders=04 BO
MN ResolutiorMlResorutlon for Knightsen CSD Election 40-19-04.do. ATTESTED: OCTOBER 19, 2004
Orig,Dept.: Public Works(Flood Control) JOHN SWEETEN,Clerk of the Board of Supervisors and County
Contact Person:Greg Connaugmon(925)343-2271 Administrator
Cc: County Administrator
County Counsel
Auditor/Controller By Deputy
PW(Flood Control)
RESOLUTION NO. 20041 569
SUBJECT RESOLU71ON 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: October 19, 2004
PAGE: Page 2 of 2
1) The formation i 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 56888(s));
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
bt:the date of recordationi 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. 03-13, 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. 03-13, 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- 569
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNNIGHTSEN TOWN COMMUNITY SERVICES DISTRICT,APPROVAL.OF A
SPECIAL TAX,AND ELECTION OF THE DISTRICT'S INITIAL GOVERNING BOARD.
(DISTRICT Ili)
GATE: October 19, 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 proposed District had filed written protests against the proposal; and
WHEREAS, pursuant to Government Code Section 61110,the Executive Officer of LAFCO
mailed to the Board of Supervisors a copy of LAFCO's Resolution No. 03-13 conditionally approving
the Districts formation, and on August 17, 2004, the Board of Supervisors adopted Resolution No.
20041453 calling an election on January 4, 2005 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, on September 15, 2004, LAFCO held a further hearing to clarify that LAFCO's
previous May 12, 2044 approval (LAFCO resolution No. 03-13)should have included an inflation
factor predicated upon changes in the consumer price index, and LAFCO adopted Supplemental
Resolution No. 03-13 with the following additional condition:
For each subsequent fiscal year, the amount of the authorized maximum tax may be
increased or decreased based upon the prior year's change in the Consumer Price
Index for Urban Wage Earners and Clerical Workers in the San Francisco-Oakland--
San Mose area; and
WHEREAS, in Supplemental Resolution No. 03-13, LAFCO advised the Board of Supervisors
of the amendment to LAFCO's previous approval of the proposes! District and requested the Board to
direct the Registrar of Voters to conduct the necessary election; and
WHEREAS, pursuant to Government Code Section 61110,the Executive Officer of LAFCO
mailed to the Board of Supervisors a copy of LAFCO's Supplemental resolution No. 03-•13
approving the District's formation with amended conditions and requested that the Board of
Supervisors adopt and issue a revised resolution calling 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 Government Code Section 57150,the
Knightsen Town Community Services District, if approved for formation, is required to reimburse the
County for the election casts incurred in the formation election.
NOW, THEREFORE, THE BOARD RESOLVES THAT:
RESOLUTION NO. 2004- 569
.. _. ........_ ......... ......... ....._... _........ ..._.....__._._..................................................................
. _ ....... ......... ......... ....... _ _ ..... ....................................................
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 III')
DATE: October 19, 2004
PAGE: Page 4 of 4
1. Resolution No. 20041453, which was adopted by the Board of Supervisors on August 17, 2004
and whichcalled a mailed ballot election for January 4, 2005, is rescinded.
2. 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 February 15,
2005 and conducted pursuant to Elections Code Section 4000.
3. Pursuant to Government Code Section 61116(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.
4. 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 $2030 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?"
5. The County Clerk (Elections Department) shall conduct the election pursuant to Government
Code Sections 61110-61119.
6. The ballot materials mailed to the voters shall include copies of LAFCO Resolution No. 03-13
and LAFCO Supplemental Resolution No. 03-13.
7. 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
RESOLUTION NO. 2004- 569
SUBJECT: RESOLUTION CALLING AN ELECTION FOR CONFIRMATION OF THE FORMATION
OF THE KNIGHTSEN TOWN Ct MWJNITY SERVICES DISTRICT,APPROVAL OF A
SPECIAL TAX,AND ELECTION OF THE DIS'TRICT'S INITIAL GOVERNING BOARD.
(DISTRICT 111)
DATE: October 19, 2004
PAGE: Page 5 of 5
accordance with Government Code Section 61113, 57146, and 57147;
d. Receiving and selecting arguments and rebuttal arguments on the question(s)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(a), 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
Code Section 61114 and 57148; and
h. Conducting and reporting the canvas of the ballots cast in accordance with Government
Cade Section 57149.
8. 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.
9. Pursuant to Government Code Section 61112, within five days of the adoption of this Resolution,
the Clerk of the Board shall transmit by registered mail written notification of the election call or a
certifiedcopy of this Resolution to the Executive Officer of LAFCO.
10.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- 569
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Boundary Description LAFCO 03-13
Knightsen Community Services District
EMGHTSEN 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, ME),
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 "a 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 891 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 corner 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
quarter;quarter, 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 01 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 809.88 feet to a curiae
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
udth a tangent curve concave to the northeast having a radius of 1,909.9 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 0111 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 (TN. R3E); thence along the south line of said
1
Boundary Description. LAF'CO 03-13
Knightseu 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 691 28' 23" west (shown as N 68° 34' 31" W on said map) 2,575 feet, more or less,to
the wrest 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 1.3,418 feet, more or less,to the northwest comer
of the parcel of land designated "'L. Donato 4.89 acs net" as shown on the Record of Surrey 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 1,100 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.
Signa=F
James A. Stein, PLS 6571 --' s
� EXP. 9/30
Associate County Surveyor L.S.6571 . -
Contra Costa County Public Works Department y
/011�11
COF CDate: / '
Ap r d as to form and survey content.
Rene Zwemmer PLS 5999
--� Deputy County Surveyor
Exp. I2-31.04 License Expiration Date: 12/31/2004
No.5599
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G:iCsrpDatalDesigr\St3RNTYSW,nights=Carm=mily Scrvices Distrs`ct.doc
RZ.js august 4,2044
'7
LEGAL PUBLICATION REQUISTION .11
Contra Costa County
From: Clerk of the Board To: Centra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek,.CA'94596
Requested by: EMY L. sxARP Date: OCTOBER 19, 2004
Phone No: 925-335-1903 Reference No: 1005
Org: 7505 Sub Object: 2190 Task: SAS Activity: 6,F81S5
.Publication Tate (s): OCTOBER 22, 2004
No. of Pages: (3)
LEGAL PUBLICATION- ELECTION FORMATION OF THE KNIGHTSEN TOWN
COMMUNITY SERVICES DISTRICT
t'E - MAIL„--
*"*"Immediately upon expiration o€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 WORKS DEPARTMENT
255 Glacier Drive
Martinez, CA 94553
NOTICE IS HEREBY GIVEN that the Board of Supervisors of Contra Costa Countyadopted a Resolution on October I9, 2004 calling 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
February 15, 2005. The Knightsen Town Corr-rnunity Services District is proposed for the
purpose of constructing, operating, maintaining and servicing flood control and water quality
improvernents in the Knightsen area.
The boundary of the Knightsen Tower Conirnumiy Services District is described generally
as follows:
The proposed District is bounded on the north by Cypress Road., the Contra Costa Canal
and Rock Slough, on the east by the westerly lines of Reclamation District 2465 (Veale Tract)
and Reclarnation District 2121 (Bixler), on the south by Orwood Road and the East Bay
Municipal Utility District Mokelunme Aqueduct, and on the west by Sellers Avenue.
The boundary of the Knightsen Town Community Services District is more particularly
described as follows:
Cornnencing at the west one-quarter corner of Section 29, Township 2 North, Range 3
East, Mounit 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 souutherly 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 corner- 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 quarter quarter, south 0° 26' 30" west, 1,315.1 feet, to the center of the
southwest quarter of said Section 34; 2) north 890 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 I 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 (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 raih-oad.-, thence along said railroad right of way line the following 3 courses: 1)
south 471 01' 43" east 809.88 feet to a curve concave to the northeast having a radius of 3,817,45
feet; 2) along the are of said curve, southeasterly 149.8 feet, fl-wough 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 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 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 2,900 feet, more or less, to ail angle point on
the north right of way line of the East Bay Municipal Utility District Mokelun-flie 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 NIS 13-94 filed April 25, 1996 in Parcel Map Book 169 at
page 1; thence along said north right of way line, north 69128' 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 snaps at page 44; thence along the northerly line of said parcel south 89' 511 45" east
1,291.50 feet to the northeasterly corner of said parcel; then north 1,100 feet, more or less, to the
northwest comer of Parcel A as shown on the map of Subdivision NIS 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.
BY ORDER OF THE BOARD OF SUPERVISORS
OF CONTRA COSTA COUNTY
JOHN SWEETEN
Clerk of the Board of Supervisors
And County Adn-iiiiistrator
BY: EMY L. SHARP -Deputy
DATED: OCTOBER 19, 2004
PUBLICATION DATES:
OCTOBER 22, 2004
TO: BOARD OF SUPERVISORS, CONTRA COSTA COUNTY
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR
DATE: October 19, 2004
569
SUBJECT: RESCIND Resolution No. 2404/453 and ADOPT Resolution No.2004/5(S 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 pursuant to the amended LAFCO
Resolution No. 03-13. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
569
RESCIND Resolution No. 2004/453 and ADOPT Resolution No. 2004e'56 :CALLING an election for the
formation of the Knightsen Town Community Services District for the purpozks of designing,constructing,
operating,maintaining and servicing flood control and water quality improvements pursuant to the amended
LAFCO Resolution No. 03-13 in the Knightsen area. (District III)
II. Fiscal1mnaet:
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 Election Code
Continued on Attachment: X SIGNATURE: %r
RECOMMENDATION OF BOARD COMMITTEE
ROVE OTHER
t
SIGNATURE(S):
ACTION OF BO�7 ON OCM , 2=PPROVED AS RECOMMENDED Xx OTHER
VOTE OF SUPERVISORS
xx UNANIMOUS(ABSENT_ V )
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.
ATTESTED: OCTOBER 19, 2004
C,C:c JOHN SWEETEN, Clerk of the Board of Supervisors and
c:tier@\F]aCthAdrnvnmci(m�Bowdardm\z000 as County Administrator
\Board Order for Knightsen CSD atoction-1 o-tm t.doc
Orig.Div: Public Works Flood Control
Contact: Cmg Connaughton(925)313-2271
CAO
County Counsel By ,Deputy
....................
SUBJECT: RESCIND Resolution No. 2004/453 and ADOPT Resolution No. 2004/569 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 pursuant to the amended LAFCO
Resolution No. 03-13. (District III)
DATE: October 19,2004
PAGE: 2
Section 10520 and Government Code Section 57150, if the formation of the KTCSD is approved by the
voters. If the formation is not approved,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 Recommendations and Backeround:
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 storrnwater and irrigation runoff from the
Town of Knightsen and adjacent agricultural areas;2)estimate the construction cost of the 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.2003/182. 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. On August 17,2004,the Board
adopted Resolution No, 2004/453 calling for a mailed ballot election on January 4, 2005, on the question of
forming the KTCSD in accordance with the recommendations of LAFCO and pursuant to Government Code
Section 61110(b).
Subsequently,at the September 15,2004,LAFCO meeting,the Knightsen Town Advisory Council requested the
amendment of LAFCO Resolution 03-13 to include the ability to increase annually the maximum special tax
amount that can be levied by KTCSD based on the change in the Consumer Price Index for the Urban Wage
Earners and Clerical Workers in the San Francisco-Oakland-San Jose Area. The requested change reflected the
language in the Petition and the Plan for Providing Services that was approved by registered voters and formed the
basis for initial consideration of the KTCSD proposal by LAFCO. LAFCO approved the requested amendment to
Resolution 03-13 on September 15,2004 and requested the Board of Supervisors to call a new election to confirm
the formation of the KTCSD with the amended terms and conditions.
The Resolution before the Board rescinds Resolution No.2004/453 calling for an election on January 4,2005,and
calls for a mailed ballot election on February 15, 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. Consequences of Negative Action.-
Failure to adopt the Resolution will preclude the ability of the KTCSD to increase the maximum special tax
levied in the district and require the mailed ballot election on January 4, 2005.