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RESOLUTION MAKING APPLICATION TO `THE BUTTE LOCAL AGENCY FORMATION
COMMISSION REGARllING A PROPOSAL TO ESTABLISH A COUNTY SERVICE AREA FOR
STORM DRAIN 11~1AIN'TENANCE AND S'TREE`T [.[GHTIN(G SERVICES AND DIRECTING
COMMENCEIYIENT OF PROCEDURES 'TO IMPOSE NEW SERVICE CHARGES IN ThIE
PROPOSED COUNTY SERVICE AREA AND SETTING A PUBLIC HEARING TO CONSIDER
LEVYING SUCH CHARGES FOR FISCAL YEAR 2000/2001 AND FUTURE YEARS
WHEREAS, the subdivider of Melrose Estates Subdivision has proposed and cansentcd to the formation
of a County Service Area ("CSA") to comply with the requirements of the Melrose Estates Tentative Subdivision
Map approved by the Butte County Advisory Agency, on April 7, 1992, to provide necessary services to the
subdivision in compliance with the conditions of approval of the subdivision map;
WHEREAS, the Board of Supervisors of the County of Butte intends to consider establishment of said
CSA; and
WHEREAS, the purpose of said new CSA will be to provide storm drain maintenance and street lighting;
and
WHEREAS, ]ess than twelve { 12) registered voters reside within the proposed new CSA; and
WHEREAS, no proceeding for the establishment of such CSA shall be instituted by this Board or requested
by its members until approval of the Butte Local Agency Formation Commission ("LAFCo") is first obtained,
except as otherwise provided herein; and
WHEREAS, it is the intention afthe County of Butte to establish the CSA if approved by LAFCo and if
service charges can be established in an adequate amount to provide the contemplated services; and
WHEREAS, the proposed CSA will not receive any property tax revenue, but Go~~crnmcnt Code Section
25210.77a contains authority for the County of Butte to establish and collect service charges for extended services
provided through a county service area or zone; and
WHEREAS, the Board of Supervisors did, by ordinance adopt Butte County Code Section 21-$5 et seq.,
establishing a procedure for annually levying and collecting such charges on the tax roll; and
WHEREAS, Article XIII D, Section 6 of the California Constitution, as adopted by passage of Proposition
218 on November 5, 1996, established procedures for levying new charges; and
WHEREAS, a written report identifying cacti parcel of real property receiving a particular extended
service, and the amount of the new charge for each parcel for fiscal year 2000t2001 and future years, has been filed
with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and
WHEREAS, the property to be included in the CSA in question is shown on the current tax roll as one
parcel, but a subdivision map will be recorded which will result in tl~lis parcel being divided into multiple parcels
on future tax rolls; and
WHEREAS, the Board wishes to give notice of and to hold a public hearing to consider levying such new
service charges for fiscal year 2000/201 on the one parcel shown on the cu-~rent tax roll and on each of the multiple
parcels shown on future tax rolls, in accordance with the procedures specified in Article XIII D, Section 6, of the
California Constitution, and as set forth in Exhibits A and B attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follows:
That an application and a proposal are hereby made to the Local Agency Formation Commission
in accordance with the Cortese-Knox Local Government Reorganization Act of 1985, as set forth in Division 3,
Title 5 of the California Government Code, commencing with Scetion 56000, for establishment of a County Service
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Area ("CSA") with a sphere of influence co-terminus with its boundaries.
2. That the exterior boundaries of the proposed CSA and its sphere of influence arc described in Exhibit
"C" attached hereto and made a part hereof by this reference.
3. That establishment of said CSA is proposed under the County Service Area Law (Chapter 2.2, Part
2, Division 2, Title 3 of the Government Code, commencing with Section 25210.1}.
4, 'That the type of extended services proposed to be provided arc storm drain maintenance and street
lighting.
5. That a public hearing is set for September l2, 2000, at 10:30 a.m. pursuant to Article 7 of Chapter 2.2
of Part I of Division 2 of'Title 3 of the Government Code (commencing with Section 25210.70) and Article VI of
Chapter 21 of the Butte County Code (commencing with Section 21-85) to hear and consider all objections or
protests, if any, and to adopt, revise, change, reduce or modify any charge as described in the report and thereafter,
by resolution, to confirm the report and levy the charges, in an amount not exceeding the amounts set forth in
Exhibit A for fiscal year 2000/2001 and set forth in Exhibit B for future fiscal years.
6. The Clerk of the Board of Supervisors ("Clerk") is directed to conduct a ballot proceeding in connection
with the hearing, to publish notice of the hearing, as required by Butte County Code Section 21-88, and to mail the
notice, as required by Section 6 (a) of Article XIII D of the Califon~ia Constitution, to the record owner of each
identified parcel upon which the new charge is proposed for levying. The notice shall include the amount of the
proposed new charge, the basis upon which the amount of the proposed new charge was calculated, the reason for
the new charge, and the date, time and location of the public hearing. Notices mailed shall also include a ballot
identifying the Assessor Parcel Number of the property and including spaces for the propet~ty owner to vote "Yes"
to approve the new charge or "No" to disapprove the new charge and shall include information stating that the
ballots shall be submitted to the Clerk as specified in Section 7 k below. A "No" vote shall be treated as a protest
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against the new charge.
7. 'The Clerk, with the assistance of the Clerk-Recorder /Registrar of Voters of the County of Butte, Public
Works Department, Auditor-Controller and Assessor, is directed to conduct the ballot proceeding required by
paragraph 2 above in substantial compliance with the following procedures and requirements:
a. The ballot proceeding shall be conducted on September I2, 2000, pursuant to the requirements of Section
6(c) and following procedures similar to those specified in Sectio-~ 4 (d) and (e), of Article XIII D of the
California Constitution, as specified below.
b. The ballot proceeding shall be conducted in conjunction with the protest hearing and will be referred to
as a "Property Owner Ballot Proceeding".
e. The Auditor-Controller shall provide the Clerk with a certified copy of the portion of the current tax roll
relating to the property to be charged.
d. Forty-five (45} days prior to the ballot proceeding the Clerk shall mail ballot proceeding materials,
including the notice referred to in Section 2 above, to the legal owner of each parcel of real property which
will be subject to the charges within the CSA, as their names and addresses appear on the said tax roll.
e. The ballot proceeding materials mailed to each owner shall identify the CSA, and shall include
information regarding the pu-pose of the ballot proceeding. The materials shall also include a ballot and
an addressed return envelope with postage pre-paid, unless the owner(s) have already submitted a completed
ballot on aCounty-approved form.
f. One vote may be cast as to each parcel of real property.
g. The person entitled to exercise the vote shall be the legal owner as identified on the current tax roll.
h. The "owner of the property", or the authorized representative of the legal owner, may exercise the vote.
i. Where there are multiple legal owners, only one of them may exercise the Grote on behalf of the property.
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j, The person exercising the vote shall sign a declaration on the ballot, under penalty of perjury, stating that
he or she is entitled to vote because he or she is a legal owner of the property, is authorized by the Icgal
owner(s), or is a tenant who will be directly liable to pay the incremental charge.
k. Each ballot shall be returned to the Clerk in a scaled envelope. "The ballot may be mailed or personally
delivered but must be received not later than dle close of the hearing. A ballot postmarked prior to, but not
received by, the close of the hearing will not be counted.
1. The Clerk may process the ballots upon receipt.
m. The Clerk shall certify the ballot proceeding results to the Board of Supervisors upon the close of the
hearing and shall request the Board of Supervisors to accept the results.
n, The Clerk shall retain the ballot(s) for six (6) months after the ballot proceeding.
o. Upon acceptance of the ballot proceeding results the Board of Supervisors will adopt a resolution
confirming the new charges, if approved by the legal owners.
p. If the new charges are not approved by the property owners, the Qoard will not establish the CSA and will
request LAFCo to terminate the formation proceedings.
8. That L,AFCo approval of the formation of the CSA and the formation of the CSA shall be subject to the
conditions set forth below, and the Certificate of Completion shall not be recorded until such conditions have been
fulfilled:
a. That Proposition 218 proceedings have been successfully completed and the Board of Supervisors has
adopted a resolution confirming the service charges which have been approved to be levied on each parcel
of real property within the CSA.
b. The following fees have been paid: $745 initial deposit for FY 2000/2001
9. That the Clerk of the Board is authorized and directed to file a certified copy of this Resolution with the
Executive Officer of the Butte County Local Agency Formation Comnussion.
day of
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 27th
June
2000 by the fallowing vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
JOHN BLACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
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~1an Dolan, Chair, Butte County
Boa ~d of Supervisors
ATTES"T:
( Mclrnsc ~St~~tcs.rcs)
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EXHIBIT A
CSA - MELROSE ESTATES SUBDIVISION (1 PARCEL)
PROPOSED BUDGET FY 2000/2001
544- Utilities -
Street fights 3- 100W LS-1 E 510
554- Interfund Services -Auditor 110
554.030- Interfund Services -Road Fund
Storm Drain Maintenance 100
554.181- Interfund Services- General Services
Administration Expense- Public Works 125
Total
$ 745
The 2000/2001 tax roll identifies only one parcel subject to County Service Area
charges. This budget has been reduced to reflect the developer's one year
maintenance requirement under the provisions of County Code and the State
Subdivision Map Act. This budget allows for some reserve in the first year with
the balance to be provided in Fiscal Year 2000/2001. The new charge shown in
Exhibit B will allow for full funding for the services provided to the proposed
residential lots within this County Service Area for future Fiscal Years.
EXHIBIT B
CSA - MELROSE ESTATES SUBDIVISION (15 PARCELS)
PROPOSED BUDGET SUBSEQUENT FISCAL YEARS
545- Utilities -
Street Lights 3- 100W LS-1 E 510
554- Interfund Services -Auditor 110
554.030- Interfund Services -Road Fund
Retention Basin Maintenance 500
554.181- Interfund Services- General Services
Administration Expense- Public Works 125
Total $ 1,245
Proposed maximum annual service charge
$1,244/15 parcels = $83.00 per parcel
EXHIBIT C
COUNTY SERVICE AREA NO.
MELROSE ESTATES SUBDIVISION
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF LOT 278, "OROVILLE
WYANDOTTE FRUIT LANDS, UNIT NO. 6", AS FILED FOR RECORD IN BOOK 10, MAPS AT
PAGE 3A, 4A, AND 5A, LYING IN SECTION 15, TOWNSHIP 19 NORTH, RANGE 4 EAST,
M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF HILDALE AVENUE WITH
THE CENTERLINE OF MELROSE DRIVE, THENCE S 12°59'00" E, ALONG THE CENTERLINE
OF MELROSE DRIVE, 285.85 FEET; THENCE S 59°50'00" W, 30.77 FEET, TO A POINT ON
THE WEST LINE OF SAID STREET, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND; THENCE S 12°59'00" E,
ALONG THE WEST LINE OF SAID STREET, 384.93 FEET; THENCE S 89°45'00" W, 631.07
FEET; THENCE N 10°17'42" W, 407.39 FEET; THENCE N 79°13'42" E, 161.05 FEET; THENCE
N 89°50'00" E, 147.00 FEET; THENCE S 12°59'00" E, 55.81 FEET; THENCE N 89°50'00" E,
299.64 FEET, TO THE POINT OF BEGINNING AND CONTAINING 5.70 ACRES, MORE OR
LESS.
END OF DESCRIPTION
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PREPARED BY:
•
JOHN D. CHRISTOFFERSO .L.S.
GDA, ENGINEERING, SU ING 8 PLANNING ~~ V'.NO SUA`
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