HomeMy WebLinkAbout00-154. B~F~D OF ~U~ER'~l'1Q
,CE3lJNTY 4F BUTTE, STATE. OF CALIFQRNIA
RETsolution CVO. 00-154
RESOLUTION MAKING APPLICA"TION TO THE BUTTE LOCAL AGENCY FORMATION
COMMISSION REGARDING A PROPOSAL TO ESTABLISH A COUNTY SERVICE AREA FOR
STORM DRAIN MAINTENANCE AND STREET LIGHTING SERVICES AND DIRECT[NG
COMMENCEMENT OF PROCEDURES TO II~IPOS1~: NEW SERVICE CHARGES IN THE
PROPOSED COUNTY SERVICE AREA AND SE'T'YING A PUBLIC HEARING TO CONSIDER
LEVYING SUCH CHARGES FOR FISCAL YEAR 2000/2001 AND FUTURE YEARS
WHEREAS, the subdivider of Durham Land Estates Subdivision has proposed and consented to the
formation of a County Service Area ("CSA") to comply with the requirements of the Durham Land 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, d1e 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
~'4'IIEREAS, Less than twelve (l2) 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 ("LAFCa") is
first obtained, except as otherwise provided herein; and
WHEREAS, it is the intention of the 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
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WHEREAS, the proposed CSC will not receive any property tax revenue, but Government Code
Section 25210.77a contains authority for the CoLinty 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 21-85 et
seq., establishing a procedure for annually levying and collecting such charges an the tax roll; and
WHEREAS, Article XIII D, Section 6 of the California Constitution, as adopted by passage of
Proposition 2l 8 on November 5, 1996, established procedures for levying new charges; and
WHEREAS, a written report identifying each parcel of real property receiving a particular extended
service, and the amount of the new charge for each parcel for fiscal year 2000/2001 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
Ofticc; 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 this 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 2000/2001 on the one parcel shown on the current 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 ~ and B attached heY•eto.
NOW, 'THEREFORE, BE IT RESOLVED, by tl~c 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 Section 56000, for establishment of a Co~mty Service
Area ("GSA") with a sphere of influence co-terminus with its boundaries.
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2. That the exterior boundaries of the proposed CSA and its sphere of influence are 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 are storm drain maintenance and street
lighting.
5. That a public hearing is set for February 27, 2001, at 10:30 a,m. pursuant to Article 7 of Chapter 2.2 of
Part 1 of Division 2 of Title 3 of the Government Code (commencing with Section 25210.70) and Article VI of
Chapter 2l 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 at~d 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 Scetion 6 (a) of Article XIII D of the California 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 property 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
against the new charge.
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7. The Clerk, with the assistance of the Clerk-Recorder /Registrar of Voters of the County of Butte, Public
Works Department, A~iditor-Controller and Assessor, is directed to cond~ict 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 February 27, 2001, pursuant to the requirements of
Section b(c) and following procedures similar to those specified in Section 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 F3allot Proceeding"
c. The Auditar-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 s~ibject 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 purpose 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
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the vote.
i. Where there are multiple legal owners, only one of them may exercise the vote on behalf of the
property.
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 legal 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 sealed envelope. The ballot may be mailed or
personally delivered, but must be received not later than the 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 Board will not establish the CSA
and will request LAFCo to terminate the formation proceedings.
8. That LAFCo 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
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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: $1,235.00 initial deposit for FY 2000/2001
9. That the Clerk of the Board is authorized and directed to filc a certified copy of this Resolution with the
Executive Officer of the Butte County Local Agency Formation Commission.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 19th
day of _December , 2000 by the following vote:
AYES: Supervisors I3ee1_er, Houx, Josiassen, Davis and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
--
-- --~~_"
Jane~;Dolan, Chair, Butte County
Board of Supervisors
ATTEST: ~
JOHN BLACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
,.
By ~~7 ~ ~~~' ' `~~ ~' ~~'C~-' __-``
( Durhmn t.und Fstatcs.res)
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EXHIBIT A
GSA -DURHAM LAND ESTATES SUBDIVISION
(1 PARCEL)
PROPOSED BUDGET FY 2000/2001
536 Professional Services 100
544- Utilities -
Street Lights 3- 70W LS-1 E 233.40
1-100W LS-1E 84.60
554- Interfund Services -Auditor 109
554.030- Interfund Services -Road Fund
Retention Basin Maintenance 500
554.181- Interfund Services- General Services
Administration Expense- Public Works 125
580 Appropriations for Contingencies 83
Total $ 1,235
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 200112002. 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 -DURHAM LAND ESTATES PHASE 1
SUBDIVISION (12 PARCELS)
PROPOSED BUDGET SUBSEQUENT FISCAL YEARS
536 Professional Services 100
545- Utilities -
Street Lights 3- 70W LS-1 E 466.60
1-100W LS-1 E 168.87
554- Interfund Services - Ruditor 109
554.030- Interfund Services -Road Fund
Retention Basin Maintenance 1,000
554.181- Interfund Services- General Services
Administration Expense- Public Works 125
580 Appropriations for Contingencies 500
Total $ 2,469.47
10°f° Inflation Factor (Proposed by developer) 246.95
Budget Total $ 2,716.42
Proposed maximum annual service charge
$2,716.42/12 parcels = $226.36 per parcel
DURHAM LAND ESI'A'i'LS CSA BOUNDARY DESCRIPTION
All that certain real property situate in the County of Butte, State of California, described
as follows;
Being a }portion of Section 25, T.21 N., R.1 E., M.D.M., and a portion of Section 30, T.21
N., R.2 E., M.D.M., mare particularly described as follows;
BEGINNING at the southwest corner of the Tracy Subdivision as shown in Book 30 of
Maps, at Page 50 in the office of the Butte County Recorder, mare particularly described
as follows;
Thence leaving said Point of Beginning along the south line of said Subdivision, North
89°52'57" East, 636.75 feet;
Thence leaving said south hne, North 00°OT03" West, 142.00 feet to a 20.00-foot radius
curve concave to the southwest;
Thence fallowing said curve through a central angle of 90°00'00" a distance of 31.42 feet
to the south line of Durham-Dayton Highway;
Thence along said south line, South 83° 15'23" East, 100.55 feet to a 20.00-foot radius
curve concave to the southeast;
Thence leaving said south line of Durham-Dayton Highway and following said curve
through a central angle of 90°00'00" a distance of 31.42 feet;
Thence South 00°OT03" East, 130.00 feet to said south line of Tracy Subdivision;
Thence along said south line, North 89°52'57" East, 960.30 feet;
Thence leaving said south line of said Subdivision, South 00°04'45" West, 602.68 feet;
Thence South 89°55' 15" East, 160.50 feet to the west line of Holland Avenue;
Thence along said west line, South 00°04'45" West, 60.00 feet;
Thence leaving said west line of Holland Avenue, North 89°55' 15" West, 160.50 feet;
Thence South 00°04'45" West, 541.97 feet;
Thence South 89° 10'45" West, 1665.30 feet;
Thence North 00°2T49" West, 1225.16 feet to the True Point of Beginning.
Containing 46.8 acres, more or less.
EXHIBIT "C" PAGE 1 of 1