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HomeMy WebLinkAbout99-08838 RESOLUTION PROVIDING FOR (1} IMPLEMENTATION OF PROPOSITION 218 PROCEEDING REGARDING SACRAMENTO RIVER RECLAMATION DISTRICT, AND (2} SETTING DATE FOR PROCEDURES FOR TRUSTEE ELECTIONS WHEREAS, the Local Agency Formation Commission ("LAFCo") and the Board of Supervisors of the County of Butte have approved the formation of the Sacramento River Reclamation District ("District") upon the condition that an assessment of $4.00 per acre upon the lands within the District be approved pursuant to a ballot proceeding under Article XIIID of the California Constitution; and, G~IEREAS, the Water Code, together with the provisions of Proposition 218 incorporated within the California Constitution, Article XIIID, requires the Board of Supervisors to undertake various hearings, steps and proceedings, including calling for the election of Trustees of the District. NOW, THEREFORE, the Berard of Supervisors of the County of Butte, as the conducting authority, does hereby resolve, direct and order as follows: 1.0 An assessment ballot proceeding shall be conducted pursuant to the requirements of Proposition 218 (Article XIIID of the California Constitution} and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 et seq.), as follows: 1.1 An assessment ballot proceeding shall be conducted to determine whether or not the Board of Trustees of the Sacramento River Reclamation District shall be authorized Page 1 to levee a benefit assessment or sta~ldby charge up to $4.00 per acre per year upon each acre of land within the District. 1.2 The Engineering Report of Michael McEnespy, Professional Engineer, is ordered filed with the Board of Supervisors. 1.3 The proponents of the District shall, within ten (10) days of this order, mail the Notice form attached to this Resolution as Exhibit "A" to each of the landowners at that landowner's last address of record as contained within the records of the Office of the Assessor of the County of Butte. 1.4 The Notice sa mailed shall also contain the ballot in the form attached to this Resolution, together with a stamped return envelope addressed to the Clerk of the Board of Supervisors. 1.5. A Public Meeting will be held by the Board of Supervisors of the County of Butte on July 27, 1999 at 10 a.m. at the Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville, CA, to allow public testimony regarding the proposed assessment. 1.6 A Public Hearing will be held by the Board of Supervisors of the County of Butte on August 10, 1999 at 10 a.m. at the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oraville, CA, to allow public testimony regarding the proposed assessment. At the Public Hearing, the Board of Supervisors shall consider all objections or protests, if any, to the proposed assessment, and any interested persons shall be permitted to present written or oral testimony. Page 2 Assessment oallots may be submitted, changed or withdrawn prior to the conclusion of the hearing. 1.7 As the notice form attached explains, any money collected pursuant to the assessment, if approved, shall not be the property of the County of Butte nor within the County of Butte's control, but will instead be the District's property. 1.8 The tabulation of the ballots received prior to the public hearing shall be conducted by the Clerk of the Butte County Board of Supervisors and reported to the Board at the commencement of the hearing. Following the conclusion of the hearing, the Clerk of the Board of Supervisors will tabulate the final vote, considering ballots submitted or changed by land owners during the hearing. The Clerk of the Board will certify the final vote results to the Board of Supervisors far its meeting on August 24, 1999. The Board of Supervisors will, on August 24, 1999, receive the tabulation of the assessment ballots and adopt a Resolution certifying the results. 2.0 The LAFCo Order approving the formation of the District provides for a Board of Trustees of seven members. The election of said trustees shall be conducted as follows, pursuant to Water Code Section 50700 et seq: 2.1 A notice shall be published once during the week of July 16 through July 21, 1999, pursuant to Water Code Section 50731.5, calling for the receipt of nomination petitions for the positions of seven trustees. Nominations shall be filed with the Butte County Clerk, in light of the fact that there is no appointed Secretary of the Page 3 District, na later than 5:00 p.m., on the 54th day before the election, which closing of nominations shall occur on Wednesday July 28, 1999. 2.2 The nomination papers shall meet the requirements of Water Code Sections 50731.5 and 50731.6. Because there are fifteen or more qualified voters, the nomination petitions must be signed by five or more qualified voters. 2.3 No election shall be required if there are seven or less nominees for the Trustee positions, and those portions of this Resolution requiring an election of Trustees shall in that event be negated and of no force and effect, and the nominees shall be appointed by the Board of Supervisors pursuant to Water Code Section 50740. If the number of nominees is less than seven, the Board of Supervisors will appoint the additional Trustees pursuant to Water Code Section 50741 at a subsequent meeting of the Berard of Supervisors. 2.4 If there are more nominations received than the seven trustees positions, the election shall be conducted by mail ballot on September 20, 1999. 2.5 Notice of the election shall be published four (4) times in four {4) successive weeks beginning not later than August 9, 1999, prior to the date of election, pursuant to Water Code Section 50732. The costs of publication shall be paid by the District propanents, and the publication shall be arranged by the said proponents at the direction of the Butte County Clerk. 2.6 The mail ballot roster of voters and mailing labels shall Page 4 be providecz by the District proponents to the County Clerk together with the estimated costs of providing for the printing of the ballot and its mailing and all other costs of conducting the election. The return envelopes shall be prestamped for use by the voters at the cost of the proponents. 2.7 The counting of the mail ballots shall be conducted by an Election Board appointed by the Board of Supervisors, if such an election is required because of a surplusage of nominees, and the aath of the Election Board shall be administered by the County Clerk. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 22nd ,~a j, of .Tune 1999 by the following votes AYES: Supervisors Beeler, fioux, Josiassen, Davis and Chair Dolan NOES : None ABSENT : None NOT VOTING : None i ~ _-__~..4-- JANE DOLAN,`Chair Butt~;County Board of Supervisors ATTESTED: JOHN BLACKLOCK Chief Administrative Officer and the Clerk of the Board '~ , . ._ By : - ~i Page 5 NOTICE OF ASSESSMENT BALLOT PROCEEDING 1.0 Notice is hereby given that the Local Agency Formation Commission of the County of Butte and the Board of Supervisors of the County of Butte have received a Petition for formation of the Sacramento River Reclamation District {"District") signed by approximately 71 °h of the acres of land within the proposed District. LAFCo and the Board of Supervisors have approved the petition upon the condition that the landowners within the District authorize a benefit assessment or standby charge to be collected by the District Trustees, who will be elected by the landowners. 2.0 Article XIIID of the California Constitution, otherwise known as Proposition 218, provides for a ballot procedure to authorize the Board of Trustees of the new District to collect a benefit assessment or standby charge not exceeding up to $4.00 per acre per year. The actual charge will be set annually by your Board of Trustees, and although the Board of Supervisors is conduetina this ballot proceeding and holding the Public Meeting and Hearing as set forth below, the money collected, if the authority to levy the assessment or charge is given, will be the sole property of your Dist~7et. 3.0 To determine the amount of your maximum annual charge, multiply the number of acres shown as owned by you upon the attached ballot by the maximum sum of $4.00. Remember, the actual charge may be less than $4.00 per acre, but may not be more in any year. 4.0 An Engineering Report explaining the basis for the charge is on file with the Board of Supervisors and a copy may be ordered by calling the Clerk of the Board at (530) 53$- 7631. The charges collected will be used to fund the Reclamation District activities. The funds EXHIBIT A will not be utilized to repair or improve currently existing privately owned levees within the District. 5.0 A Public Meeting will be held at the Butte County Board of Supervisors Chambers on July 27, 1)99 at 10:00 a.m. Testimony as well as presentation and answering of questions will occur at that meeting. 6.0 A Public Hearing will be held at the Butte County Board of Supervisors Chambers on August 10, 1999 at 10:00 a.m. at which time protests will be received and testimony again wi 11 be received. 7.0 If a majority of the votes on the ballots submitted, and not withdrawn, protest the granting of the authority to the Board of Trustees to levy a benefit assessment or standby charge in the amount of up $4.00 per acre per year, the power will not be granted and the District will not be formed. 8.0 The attached ballot should be completed by you. Ballots can be mailed in the enclosed stamped envelope or can be delivered by hand before the completion of the Public Hearing on August l0, 1999 to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, CA 95965. Ballots submitted early can be changed by written direction given at the hearing on August 10, 1999. 9.0 Questions can also be addressed to the Proponents of Formation of the District who circulated the petitions for formation at any of the following addresses: Deseret Farms of California Attn: Robert Hatch 6169 Wilson Landing Road Chico, California 95973 EXHIBIT A 2 Richard Wright 12788 Gianella Road Chico, California 95926 Peter D. Peterson P.O. Box 3668 Chico, California 95927-3668 Shirley & James Lewis 12534 Gianella Ave. Chico, California 95973 ATTESTED: JOHN BLACKLOCK Clerk of the Board_of Supervisors f " '~ By_ _ , EXHIBIT A 3 SACRAMENTO RIVER RECLAMATION DIS"hRICT ASSESSMENT BALLOT UWe, the undersigned owner(s) of the real property designated upon the mailing label affixed at Che bottom of this ballot, do vote the number of acres owned by us as shown upon that mailing label which has been prepared from the records of the Assessor of the County of Butte, upon the following proposition: SHALL THE BOARD OF TRUSTEES, WHO WILL BE ELECTED BY THE LANDOWNERS WITHIN THE SACRAMENTO RIVER RECLAMATION DISTRICT, HAVE THE AUTHORITY TO LEVY A BENEFIT ASSESSMENT OR STANDBY CHARGE WHICH SHALL BE UNIFORM UPON EACH ACRE OF LAND WITHIN THE DISTRICT OF UP TO $4.00 FOR EACH ACRE OWNED BY ME/tJS PER ANNUM FOR THE DISTRICT ACTIVITIES? ~ Yes, Uwe vote in favor of providing Che authority to the Board of Trustees of the Sacramento River Reclamation District to so levy and collect a benefit assessmenC andlor standby charge. ~ No, Ilwe vote against providing Che authority to levee and collect a benefit assessment andlor standby charge, and we understand thaC the Sacramento River Reclamation District will not function unless authority to levy a benefit assessment az~dlor standby charge is granted. [mailing lahcl affixed here shotiving landowner name and numhcr of acres or votes) Signature(s) of Landowner(s) (Signature should appear exactly as designated on Assessor Records as indicated above) Return Ballot no later than August 10,1999 in the enclosed envelope, or by hand-delivery to: Clerk of the Board of Supervisors Coutlty of Butte 25 County Center Drive Oroville, CA 95965 g:~~cillushullol EXHIBIT A