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Home My WebLink About04-184RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION COMM[SSION REGARDING A PROPOSAL TO ESTABLISH A COUNTY SERVICE AREA FOR STORM DRAIN MAINTENANCE, FIRE PROTECTION AND STREET LIGHTING SERVICES AND DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE NEW SERVICE CHARGES IN THE PROPOSED COUNTY SERVICE AREA AND SETTING A PUBLIC HEARING TO CONSIDER LEVYING SUCH CHARGES FOR FISCAL YEAR 2004/2005 AND FUTURE YEARS WHEREAS, the subdividers of Red hawk Ranch Subdivision have proposed and consented to the tonnation of a County Service Area ("CSA") to comply with the requirements of the Red hawk Ranch Tentative Subdivision Map approved by the Butte County Advisory Agency, on June 24, 2004, to provide necessary services to the subdivision in compliance with the conditions of approval of the subdivision snap; 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, fire protection and street lighting; and WHEREAS, less 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 of the County of Butte to establish the CSA if approved by LAFCo and Page 1 of 6 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 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 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 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 for fiscal year 2004/2005 and future years, has been tiled 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 2004/2005 on the 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 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 establishment of a County Service Area Page 2 of 6 ("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 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, fire protection and street lighting. 5. That a public hearing is set for December 14, 2004, 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 2004/2005 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 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 Page 3 of 6 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 paragn-aph 2 above in substantial compliance with the following procedures and requirements: a. The ballot proceeding shall be conducted on December 14, 2004, 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 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 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. Page 4 of 6 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 maybe 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. S. 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: Page 5 of 6 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: $3,512.00 initial deposit for FY 2004/2005 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 12`x' day of October, 2004 by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None -, %,~,;~,~ R. J. Beeler, Chair, Butte County Board of Supervisors ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors ,~ IRcd ha~t~k Rtmch.res) EXHIBIT A CSA Formation Red Hawk Ranch Subdivision (1 PARCEL) PROPOSED BUDGET FOR FY 200412005 Budget Code Description Charge 530 Maintenace of equipment Fire protection system pump 500 544 Utilities-Street lighting 2- 100W LS1 E $ 600 1- 70W LS 1 E $ 250 Fire protection system pump $ 500 554 Interfund Services-Auditor $ 114 554.03 Interfund Services-Road Fund Storm Drainage Maintenance $ 500 554.1 Interfund Services-Fire Department $ 200 554.181 Interfund Services-General Services Administration Expense-Public Works $ 125 580 Appropriation for Contingencies 1!2 Fire protection system pump replacement (10-year) $9,300 Pump + $3,600 Hydrandt + Inflation $ 723 Total $ 3,512 Single Parcel Charge $5,854/1 = $ 3,512.00 EXHIBIT B CSA Formation Red Hawk Ranch Subdivision (7 PARCELS) PROPOSED BUDGET FOR FUTURE FY Budget Code Description Charge 530 Maintenace of equipment Fire protection system pump 500 544 Utilities-Street lighting 8- 100W LS 1 E $ 600 1- 70W LS 1 E $ 250 Fire protection system pump $ 500 554 Interfund Services-Auditor $ 114 554.03 Interfund Services-Road Fund Storm Drainage Maintenance $ 500 554.1 Interfund Services-Fire Department $ 200 554.181 Interfund Services-General Services Administration Expense-Public Works $ 125 580 Appropriation for Contingencies 112 Fire protection system pump replacement (10-year) $9,300 Pump + $3,600 Hydrandt + Inflation 723 Total $ 3,512 Per Parcel Charge $3,51217 = $ 501.72 047-460-004 1 ~~ 047-460-003 2 _-i \ 7 ` 3 / 047-460-005 ~~ 6 / 4 / \ ~\ / ti~ y~ S ,9 .9 <r, ~ ' .~'R RO PO \ \ 37 047-500-037 ~ p 38 ~_ 047-500-038 J r N ~ ~ - ~Z ~~ 39 `i ~ 047- 500-039 ~ 0 z J 40 047-500-040 i / / ~ LEGEND 047-460-005 ^--~ ASSESSOR'S PARCEL NUMBER COUNTY SERVICE AREA BOUNDARY STREET LIGHTS STORM DRAIN FACILITY COUNTY OF BUTTE DEPARTMENT OF PUBLIC WORKS DRAWN BY N5. E. DATE SEPTEMBER 2004 PLAT OF FACILITIES CHECKED MA SCALE ~ °200' EXHIBIT COUNTY SERVICE AREA ~ APPROVED (Marshall & Conroy) DIRECTOR OF PUBLIC WORKS SHEET t OF t