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Home My WebLink About01-064~~~~ a~ ~u~~~v~sa~s GaUhITY OF ,BUTTE, STATE E'~F CALIFQRNIA I~esolufion :No. 01-064 RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION COMMISSION REGARDING A PROPOSAL TO ES'T'ABLISH A COUNTY SERVICE AREA FOR FIRE PROTECTION, STORM DRAIN MAINTENANCE AND S`CREET LIGHTING SERVICES AND DIREC'T'ING COMMENCEMENT OF PROCEDURES TO IMPOSE NE~V SERVICE CHARGES IN THE PROPOSED COUNTY SERVICE AREA AND SETTING A PUBLIC HEARING TO CONSIDER LEVYING SUCH CHARGES FOR FISCAL YEAR 200112002 AND FUTURE YEARS WHEREAS, the subdivider of Pheasant Landing Estates, Unit Ill Subdivision has proposed and consented to the formation of a County Service Area {"GSA") to comply with the requirements of the Pheasant Landing Estates, Unit III Tentative Subdivision Map approved by the Butte County Board of Supervisors, on May 22, 2001, 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 GSA; and WHEREAS, the purpose of said new CSA will be to provide fire protection, storm drain maintenance and street lighting; and WHEREAS, less than twelve (l2) registered eaters reside within the proposed new GSA; 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 ("I~AFCo") 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 WHEREAS, the proposed CSA will not receive any property tax revenue, but Government Codc 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 21-85 et seq., establishing a procedure for annually levying and collecting such charges on the tax roll; and WN EREAS, Article XI1I 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 each parcel of real property receiving a particular extended service, and the amount of the new charge for each parcel for fiscal year 2401 /2002 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 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 2001 /2002 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 A and B attached hereto. NOW, THEREFORE, BE [T RESOLVED, by the Board of Supervisors as follows: 1. 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, Titie 5 of the California Government Code, commencing with Section 56000, for establishment of a County Service Area ("C'SA") with a sphere of influence co-terminus with its boundaries. 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 fire protection, storm drain maintenance and street lighting. 5. That a public hearing is set for August 14, 2001, at 11:00 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 Artieie V I 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 2001/2002 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 2 ] -88, and to mail the notice, as required by Section 6 (a) of t~rticle 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 3 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. 7. The Glerk, with the assistance of the Clerk-Recorder l 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 August 14, 2001, pursuant to the requirements of Section 6(c) and following procedures similar to those specified in Section 4 (d) and (e), of Article X11I 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" c. 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. A minimum of 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 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. 4 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 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 (b) 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 has adopted a resolution confirming the service charges which have been approved to be levied on each parcel of real property within the CSA. 5 b. The following fees have been paid: $7,288 initial deposit for FY 2001/2002 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 Lacal Agency Formation Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 26th day of June , 2001 by the following vote: AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None Curt J,bsiassen, Chair, Butte County Board of Supervisors ATTEST: JOHN BLACI~LOCK, Chief Administrative Officer and Clerk of the Board of~ Supervisors (Phew,ant Landing Estates, Unit ^Lres) 6 EXHIBIT A CSA -PHEASANT LANDING, UNIT III {1 PARCEL) PROPOSED BUDGET FY 2001/2002 530 Maintenance of Equipment Fire protection system pump 544 Utilities Street Lights 8- 70W LS-1 E 3- 100W LS-1 E Fire protection system pump 554 Interfund Services -Auditor 554.030 Interfund Services -Road Fund Retetntion Pond maintenance 554.181 Interfund Services-General Services Administration Expense-Public Works Provision for Designated Fund Balance Fire Protection Pump Replacement (10-year} $10,000 Pump + $3,600 Hydrandt+ Inflation Contingencies Total $ 1,100 $ 1, 629 $ 685 $ 500 $ 114 $ 1,000 $ 125 $ 1,935 $ 200 $ 7,288 This FY 2001/2002 tax roll identifies only one parcel subject to County Service Area charges. This budget allows for some reserve in the first year with the balance to be provided in FY 2002/2003, providing that the CSA is formed and filed with the State Board of Equalization (SBE) prior to December 1, 2001. Filing after that date will require a funding deposit for FY 2002/2003 prior to map recordation. The new charges on Exhibit B will allow for full funding for the services provided to the proposed residential lots within this County Service Rrea for future Fiscal Years. EXHIBIT B CSA -PHEASANT LANDING, UNIT III (30 PARCELS) PROPOSED BUDGET FY 2001/2002 530 Maintenance of Equipment Fire protection system pump $ 1,100 544 Utilities Street Lights 8- 70W LS-1E $ 1,629 3- 100W LS-1 E $ 685 Fire protection system pump $ 500 554 Interfund Services -Auditor $ 114 554.030 Interfund Services -Road Fund Retetntion Pond maintenance $ 1,000 554.181 Interfund Services-General Services Administration Expense-Public Works $ 125 Provision for Designated Fund Balance Fire Protection Pump Replacement (10-year) $10,000 Pump + $3,600 Hydrandt+ Inflation $ 1,935 Contingencies $ 200 Total $ 7,288 Proposed maximum annual per parcel service charge $ 242.94 Exhibit C PHEASA~1'T LANDING SUBDIVISION, UNIT 3 CQtJNTY SERVICE AREA NO. All that portion of the Northeast quarter of Section 32, Township 2 ~ North, Range 1 East, M.D.M., more particularly described as follows: Commencing at the Northeast corner of the 14olmes Tract, which is marked by a railroad spike at the intersection of the centerlines of Keefer Road and Darner Lane, Thence South 0°00'00" East along the centerline of Garner Lane a distance of 2641.58 feet to the POINT OF BEGINNING 1. thence leaving the centerline of Garner Lane South 89°59'35" East, 1252.(12 feet; 2. thence South O° 01'53" East, ] 355.65 feet to a point in the centerline of Keefer Slough thence along the centerline of Keefer Slough the following courses; 3. thence North 76°20'35" West, 177.84 feet, 4. thence South 47°34'50" West, 499.00 feet; 5. thence North 59°41'30"' West, 228.00 feet; 6. thence South 49°28'20" West, 176,65 feet; 7. thence North 68°49'20" West, 245.00 feet to a point in the centerline of Garner Lane; 8. thence leaving the centerline of Keefer Slough and following the centerline of Garner Lane North 0°00'00" East, 1691.60 feet to the POINT OF BEGINNING. Excepting theretcom the Westerly 30.00 feet thereof as conveyed to Butte County by Deed recorded in Book 1820 of Official Records, Page 348. Containing 43.$4 acres, more or less. ~ ~ ~, ~ ,, Leslie W. Coke, PLS 5712 Registration expires 9-30-03