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HomeMy WebLinkAbout02-036~'`~} ~ ai ,. r M r'~ Y ~'~ y ~O~4RD 'COUNTY ~F CAF SUPERVISt~R~ BUTTE, STATE 4F CALIFORNIA ' °`~~`~~ R~~solufi~n Nc~. 0~-03~ RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION COMMISSION REGARDING A PROPOSAL TO ANNEX TO COUNTY SERVICE AREA 13? FOR FIRE PROTECTION SERVICES AND DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE NEW SERVICE CHARGES IN THE AREA TO BE ANNEXED AND SETTING A PUBLIC HEARING TO CONSIDER LEVYING SUCH CHARGES FOR FISCAL YEAR 2002-2003 AND FUTURE YEARS WHEREAS, Welsh Etter Investment Company, the owner of that certain parcel of real property identified as Assessor Parcel lumber 040-570-011, has proposed and consented to the annexation of said parcel to County Service Area ("CSA") 137 to comply with the fire protection requirements of the owner's building permit for a commercial building on said parcel; and WHEREAS, the Board of Supervisors of the County of Butte intends to consider the said annexation to CSA 137; and WHEREAS, the purpose of said annexation is to allow CSA 137 to provide fire protection services to said parcel; and WHEREAS, less than twelve (12) registered voters reside within the proposed annexation area and WHEREAS, the proposed annexation area is not within the sphere of influence of any existing public entity providing extended fire protection services; and WHEREAS, no proceeding for the annexation to 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 of the County of Butte to annex the parcel to CSA 137, if approved by LAFCo and if service charges can be established in an adequate amount to provide the contemplated services; and WHEREAS, the CSA will not receive any property tax revenue, but Government 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 21-85 et seq., establishing a procedure for annually levying and collecting such charges on the tax roll; and WHEREAS, Article XIII L7, Section 6 of the California Constitution, as adopted by passage of Proposition 218 on November 5, 1996, established procedures for levying new charges; and W HEREAS, a written report identifying each parcel of real property receiving a particular extended service, and the amount of the new charge for each parcel far fiscal year 2002-2003 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 Board wishes to give notice of and to hold a public hearing to consider levying such new service charges for fiscal year 2002-2003 on the said parcel, in accordance with the procedures specified in Article XIII D, Section E, of the California Constitution, and as set forth in Exhibit A attached hereto. NOVV, 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 Section 56000, for annexation to County Service Area {"CSA") 137 with the sphere of influence to be co-terminus with its new boundaries. 2. That the exterior boundaries of the parcel proposed to be annexed to CSA 137 are described in 2 Exhibit "B" attached hereto and made a part hereof by this reference. That the annexation to said CSA is proposed under the County Service Area I~aw (Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code, commencing with Section 25210.1). 4. That the type of extended service proposed to be provided is fire protection. That a public hearing is set for May, 21, 2002 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 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 2002-2003 and 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 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. 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 3 paragraph 2 above in substantial compliance with the following procedures and requirements: a, The ballot proceeding shall be conducted on May 21, 2002, pursuant to the requirements of Section 6(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 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. 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 area to be annexed to the said 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 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 ar she is entitled to vote because he or she is a legal owner of the property, is authorized by the legal 4 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 approve the annexation to the said CSA and will request LAFCo to terminate the annexation proceedings. 8. That LAFCo approval of the annexation to the said CSA and the annexation to the said CSA shall be subject to the condition set forth below, and the Certificate of Completion shall not be recorded until such condition has been fulfilled: a. That Proposition 218 proceedings have been successfully completed and the Board of Supervisors has adopted a resolution confirming the maximum service charges, which have been approved to be levied on each parcel of real property within the annexation area. 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 Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 26`h day of March, 2002 by the following vote: AYES: Supervisors Beeler, Dolan, Haux, Yamaguchi and Chair Josiassen NOES: None ABSENT: None NOT VOTING: None C- /_ -------- -Curt J siassen Chair, Butte County `ward of Supervisors ATTEST: Lawrence Odle, Interim, Chief Administrative Officer and Clerk of the Board of Supervisors { I3y.- i ~~ ~l ~ ~- r-U ~ ,. ~~ T ~~ f 6 EXHIBIT A COUNTY SERVICE AREA (CSA) 137 Service provided: 2001/2002 Budget: 200112002 per parcel service charge: Adopted maximum per parcel service charge Assessor's Parcels Currently Included in CSA Fire protection $4,707 $941.00 $1,000,00 040-490-008, 040-490-010, 040-490-022, 040-570-014 and 040-570-015 Assessar's Parcel proposed for annexation: 040-490-008 7