HomeMy WebLinkAbout02-072Resolution
02-072
RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMA'T'ION
COMMISSION REGARDING A PROPOSAL TO ESTABLISH A COUNTY SEKVICE AREA FOR
STORM DRAIN MAINTENANCE, FIRE PROTECTION AND STREET LIGHTING SERVICES AND
DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE NEW SERVICE CHARGES IN THI?
PROPOSED COUNTY SERVICE AREA AND SETTING A PUBLIC HEARING TO CONSIDER
LEVYING SUCH CHARGES FOR FISCAL YEAR 2002/2003 AND FUTURE YEARS
Vb'HEREAS, the subdivider of Twin Palms Subdivision (currently one lot proposed twenty four lots) has
proposed and consented to the formation of a County Service Area ("CSA") to comply with the requirements of the
Twin Palms Tentative Subdivision Map approved by the Butte County Advisory Agency, on October 18, 1998, to
pt-ovide necessary services to the subdivision in compliance with the conditions of approval of the subdivision map;
and
WHEREAS, the property owners within the Chambers Subdivision (nine lots existing) and the Speedway
Subdivision (eight lots existing} have proposed and consented to the formation of a County Service Area (CSA) to
provide similar services; and
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 stone drain maintenance, fire protection and
street lighting; and
W HEREAS, 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 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 Code Section
2S2I 0.77a 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 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 2002J2003 and future years, has been fi led with the
Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and
WHEREAS, with respect to the Twin Palms Subdivision the propertyto 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 lots within the Chambers and Speedway Subdivisions have already been created by
recorded subdivision maps; 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 parcels 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 for Twin Palms Subdivision and Exhibit C for
Chambers and Speedway Subdivisions, attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follows:
Page 2 of 6
i. That application and 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 County Service 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 are described in
Exhibits "D" Twin Palms Subdivision and "E" Chambers and Speedway Subdivisions 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, fire
protection and street lighting.
5. That a public hearing is set for June 25, 2002, at 10:40 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 200212003 and set forth. in Exhibit B for future fiscal years for the Twin Palms Subdivision and Exhibit C for
fiscal year 2002/2003 and future fiscal years for the Chambers and Speedway Subdivisions.
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
Page 3 of 6
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 "Nd' 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
paragraph 2 above in substantial compliance with the following procedures and requirements:
a. The ballot proceeding shall be conducted on June 25, 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 rail 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 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.
Page4of6
£ One vote maybe 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 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 11AFCo approval of the formation of the CSA and the formation of the CSA shall be subject to the
Page 5 of 6
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: $15,724 initial deposit for FY 200212003 for the Twin Palms
Subdivision.
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 7`~'
day of May, 2002 by the following vote:
AYES: Supervisors Beeler, Dolan, Noux, Yamaguchi and Chair .Tosiassen
NOES: None
ABSENT: None
NOT VOTING: None
l~ '
-`Curt J siassen, Charr, Butte County
Board of Supervisors
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By: ~ t" ~~ ~ ~ , ~'
Page G of 6
EXHIBIT A
CSA-Twin Palms Subdivision
(1 PARCEL)
PROPOSED BUDGET FOR FY 2002/2003
Budget
Code Description Ch arge
530 Maintenace of equipment
Fire protection system pump 1100
544 Utilities-Street lighting
9- 100W LS1 E $ 2,087
Fire protection system pump $ 500
554 Interfund Services-Auditor $ 118
554.03 Interfund Services-Road Fund
Storm Drainage Maintenance $ 750
554.181 Interfund Services-General Services
Administration Expense-Public Works $ 125
580 Appropriation for Contingencies
Storm Drain Trench replacement {15 yrs) $9,772
Fire protection system pump replacement (10-year}
$6,500 Pump + $3,600 Hydrandt + Inflation $ 1,272
Total $ 15, 724
Per Parcel Charge $15,724/1 = $ 15,724
EXHIBIT B
GSA-Twin Palms Subdivision
(24 PARCELS)
PROPOSED BUDGET FOR FUTURE FY
Budget
Code Description Charge
530 Maintenace of equipment
Fire protection system pump 1100
544 Utilities-Street lighting
9- 100W LS1 E $ 2,087
Fire protection system pump $ 500
554 Interfund Services-Auditor $ 118
554.03 Interfund Services-Road Fund
Storm Drainage Maintenance $ 750
554.181 Interfund Services-General Services
Administration Expense-Public Works $ 125
580 Appropriation for Contingencies
Storm Drain Trench replacement (15 yrs) $9,772
Fire protection system pump replacement (10 -year)
$0,500 Pump + $3,600 Hydrandt + Inflation $ 1,272
Total $ 15, 724
Per Parcel Charge $15,724/24 = $ 655
EXHIBIT C
CSA -Chambers and Speedway Subdivisions
{17 PARCELS)
PROPOSED BUDGET FOR FY 2002/2003
Budget Code Description Charge
530 Maintenance of equipment
Fire protection system pump 1100
544 Utilities
Fire protection system pump $ 500
554 Interfund Services-Auditor $ 116
554.03 Interfund Services-Road Fund
Storm Drainage Maintenance $ 750
554.1 Interfund Services-Fire Department
Administration and maintenance expense $ 250
554.181 Interfund Services-General Services
Administration Expense-Public Works $ 125
580 Appropriation for Contingencies
Storm Drain Trench replacement (15 yrs) $ 1,350
Fire protection system pump replacement (10-year)
$5,000 Pump + $3,600 Hydrandt+ Inflation $ 1,220
Contingencies $ 200
Total $ 5,611
Per Parcel Charge $5,611/17 = $ 330
The 2002J2003 tax roll identifies seventeen
parcels subject to County Service Area
Charges.
EXHIBIT D TWIN PALMS SUBDIVISION
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COUNTY SERVICE AREA
DISTRICT FORMATION
TWIN PALMS SUBDIVISION
LEGEt~ _
BOUNDARY LINE
ASSESSOR'S PARCEL NUMBER ao-~e~+o-m+
AREA 24.08 AGRES
REMAINING LAND OF OIYIJER PHASE II
CHAMBERS SUBDIVISION ~2, PHASE 1,
FI[,ED IN THE OFFICE OF TIC RECORDER OF THE
~` COUNTY OF BUTTE, CALIFORNIA,
~ IN HOOK 147 OF MAPS, PAGES 89, 87 APTD 88
APN: 040-640-011
CITY OF CHICO
COUNTY OF BUTTE
STATE OF CALIFORNIA
~. ~ ~ IJTCO ~! P ~S 1 0! 1
LAFCO EXHIBIT 3
COUNTY SERVICE AREA DISTRIC"T FORMATION
TWIN PALMS SUBDIVISION
APN: 040-640-011
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BU"I'TE, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE REMAINING LANDS OF OWNER, PHASE II, SHOWN ON THAT MAP ENTITLED,
"CHAMBERS SUBDIVISION #2," PHASE 1, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF BUTTE COUNTY, CALIFORNIA, ON AUGUST 4, 1999, IN BOOK 147, OF
MAPS, AT PAGE(S) 86, 87, AND 88, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A BUTTE COUNTY MONUMENT AT TI-IE INTERSECTIONS OF THE
CENTERLINES OF LACUNA COURT AND ENTLER AVENUE;
THENCE SOUTH 56°43'07" WE5"T ALONG "THE CENTER LINE OF ENTLER AVENUE A
DISTANCE OF 462.83 FEET;
THENCE NORTH 2$°21'53" WEST A DISTANCE OF 25.09 FEET TO A 3/4" OPEN IRON
PIPE MARKING THE MOST SOUTHERLY CORNER OF SAID PARCEL, SAID POINT
BEING ALSO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF ENTLER
AVENUE AND THE TRUE POINT OF BEGINNING; CONTINUING ALONG THE SAID
BEARING A DISTANCE OF 1381.60 FEET TO THE MOST WESTERLY CORNER OF
SAID PARCEL TO A POINT LYING ON THE SOUTHEASTERLY RIGHT OF WAY LINE
OF SPEEDWAY AVENUE;
"THENCE NORTH 67°05'33" EAST ALONG THE SOUTI-EEASTERLY RIGHT OF WAY
LINE OF SPEEDWAY A DISTANCE OF 142.48 FEET TO THF. SOUTI-IWESTERLY RIGHT
OF WAY LINE OF SOU"I'HERN PACIFIC RAIL ROAD;
THENCE SOUTH 75°29'53" EAST ALONG THE SOUTHWESTERLY RIGHT OF WAY
LINE OF THE SOUTHERN PACIFIC RAIL ROAD A DISTANCE OF 1823.98' TO TIDE
MOST EASTERLY CORNER OF SAID PARCEL BEING ALSO A POINT ON THE
NORTHWESTERLY RIGHT OF WAY LINE OF ENTLER AVENUE;
THENCE SOUTH 56°43'07" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF
872.47 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE ALONG NORTH 33°l6'S3" WEST A
DISTANCE OF 227.16 FEET;
LAFCO EXHIBIT 3 PAGE 1 OF 2
TIIENCE SOUTH 56°43'07" A DISTANCE OF 227.58 FEET;
THENCE SOUTH 33°16'53" EAST' A DISTANCE OF 202.16 FEET TO `I`HE BEGINNING
OF A 20 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
90°00'00", A DISTANCE OF 31.42', THROUGH WHICH POINT A RADIAL LINE BEARS
NORTH 33° 16'53" WEST;
THENCE SOUTH 33° 16'53" EAST A DISTANCE OF 5.00 FEET TO SAID NORTH
WESTERLY RIGI-IT OF WAY LINE OF EN'I'LER AVENUE;
CONTINUING ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE OF ENTL,ER
AVENUE SOUTH 56°13'07" WES~C A DISTANCE OF 404.11' TO THE POIN"I' OF
BEGINNING, AND CONTAINING 24.08 ACRES, MORE OR LESS.
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CHECKED:
APPROVED:
DATF,:
LAFCO EXHIBIT 3 PAGE 2 OF 2
EXHIBIT E CHAMBERS AND SPEEDWAY SUBDIVISIONS
EXI-EBIT `~"
COUNTY SERVICE AREA N0.178ANNEXATION
SPEEDWAY SUBDIVISION AND CHAMBERS SUBDIVISION
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THE SPEEDWAY SUBDIVISION RECORDED IN THE COUNTY OF BUTTE,
STATE OF CALIFORNIA, ON SEPTEMBER 25, 1997, IN BOOK 142 OF MAPS,
PAGES 53, 54, & 55, AND THE CIiA]M]'3ERS SUBDIVISION RECORDED IN THE
COtTNTY OF BU'TTF, STATE OF CALIFORNIA, ON MAY 3, 1994, IN BOOK 130
OF MAPS, PAGES 94, 95 & 96, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMIvfl~'NCING AT A BUTTE COUNTY MONUMENT AT TIC INTERSECTIONS
OF THE C'ENTJEItLINE5 OF SPEEDWAY LANE AND NEW FOSTER PLACE;
THENCE NORTH 67° 19'00" EAST ALONG THE CENTERLINE OF SAID
SPEEDWAY Lt~-NE, A DISTANCE OF 263.82 FEET;
THENCE LEAVING SAID CENTERLINE SOUTH 28° 10'00" EAST TO TI-IE MOST
NORT3~RLY CORNER OF CHAMBERS SUBDIVISION A DISTANCE OF 30.14
FEET TO TI-IE TRUE POINT OF BEGINNING;
THENCE SOUTH 28°10'00" EAST ALONG THE NORTHEASTERLY BOUNDARY
LINE TO THE MOST EASTERLY CORNER OF SAID CHAMBERS SUBDIVISION,
A DISTANCE OF 727.87 FEET;
TI~NCE SOUTH 62°07'00" WEST ALONG THE SOUTHEASTERLY BOUNDARY
LINE OF CHA14iBERS SUBDIVISION AND SPEEDWAY 5LTBDTVISION, A
DISTANCE OF 978.06 FEET TO TF~ MOST SOUTII,ERLY CORNER OF SAID
SPEIDWAY SUBDIVISION;
THENCE NORTH 28°10'00" WEST ALONG THE SOUTHWESTERLY BOUNDARY
LINE, TO THE MOST WESTERLY CORNER OF SAID SPEEDWAY SUBDIVISION,
A DISTANCE OF 816.93 FEET;
TH~fitCE NORTH 67° 19'00" EAST ALONG THE NORTTiWESTERLY BOUNDARY
LINE OF SAID SPEEDWAY SUBDIVISION AND CHAMBERS SUBDIVISION, A
DISTANCE OF 982.54 FEET TO TIC TRUE POINT OF BEGINNING;
CONTAINING 17.342 ACRES, MORE OR LESS
1.
PAGE 1 OF 1 ~ o. ~ 72 f
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A Site Map for Proposed CSA #178, Zone B
Chambers & Speedway Subdivisions
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