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Home My WebLink About99-089RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION COMMISSION REGARDING A PROPOSAL TO ESTABLISH A COUNTY SERVICE AREA FOR STORM DRAIN MAINTENANCE, FIRE PROTECTION, LANDSCAPE MAINTENANCF. 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 199912000 AND FUTURE YEARS WHEREAS, the subdivider of Autumn Park Subdivision has proposed and consented to the formation of a County Service Area ("CSA") to comply with the requirements of the Autumn Park Tentative Subdivision Map approved by the Butte County Development Review Committee on May 22, 1997, to provide necessa-y 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 CSA; and WHEREAS, the purpose of said new CSA will be to provide storm drain maintenance, fire protection, landscape maintenance, and street lighting; and WHEREAS, less than twelve (12} registered voters reside within the proposed new CSA; and WHEREAS, the proposed new CSA is within the sphere of influence of CSA 87 but the services provided by said existing CSA are different than the services to be provided by the proposed CSA, and there will be no conflict between the two CSAs; and WHEREAS, no proceeding for the establishment of such CSA shall be instituted by this Board ar requested by its members until approval of the Butte Local Agency Formation Commission ("LAFCd') 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 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 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 1999/2000 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 1999/2000 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, BF, IT RESOLVED, by the Board of Supervisors as follows: 2 {`~C`SA") Frith ~I sphere of in(~lucncc co-tcrnlinus Frith its boundaries. ~. ~ hat the CXtl;1~101~ biJllidarleS Of the proposed CSA and Its s~)~Iel~e O~ 1111~11CnCe al~C C~CSCIIbI'd II1 ~'..A~ll~III "A" attached hereto and made ~I part hereof by this re[ercnce. >. Thal i;stablishment ol~said CSA is proposed under t11e County Service Area Law (Chapter ??, P~u~t ~, I~I~'lsloll ~, ~ It~C ~ O~ 1110 Govcrnmel~t ~ Ode, COIllmenCln~~ tirlt~1 ~JCCtloll 2J21 ~).~ }. 4. That the type of extended services proposed io be provided arc storm drain maintenance, (ire p,ut;c~i~~u, I~ui~iseapc Inaintenanee ~ultl street 1i~1Iting. 5, That a public hearing is set Cor September 14, ] 999 ~Il ] 0:00 a.m. pursuant to .Article 7 oCChapter ?? of Part 1 of Division 2 of Title ~ oI~ the Government Code (conu»encillg with Section 2~21(1.?U) and :Article ~~~I ul~ C'haptct- ? 1 0l~ the Butte County Cock (conunencing with Section 21-~5) to hear and consider all uhiectiun5 ur protests, if any, and to adopt, revise, change, reduce or modify any charge as described in the rcpor~ and therealt~~r, by rCSO~ull011, Co Coil~ll"m the repOl'1 and ~eVy the ChaCgCS, In all <ll110Ltnl n01 eSCCCdIn~ the anl0llllts SCl ~0f1h 111 Exhibit A (or fiscal year 1999/2000 and set forth in Exhibit B for future fiscal years. ~~. The Clerk of the Board of Supervisors ("Clerl:") is directed to conduct a ballet proceeding in cunnectiun vv'lth 1~1C heat'Ing, l0 pubhS~l 1lotlCe Of the hearing, aS reCltllred by Butte COUllly COLIC SeCtloil ~ ~ -SS, and 10 nlal~ lhC notice, as rc~~uired by Section G (a) of Article X[I1 D o1~ the California Constitution, to the record olrncr of each Ic~CI1lIIlCd paCCel upon whlCh the nCGV Charge IS propOSCd fOl' ~CVying. The nOtlCe ShaII 111C~1(dC the <ImOLln1 OI lhC pIY}pOSCd ne4V ChaI'gC, the bilsl5 UpO11 which the aillolint OI the pt'OpOSCCI nelV ChaC~~C 1VaS Ca~Clllat~d, 1h~ I'CaS(~n ~l>1' tale ne~V Chal"gC, and t~1C dale, 11mC and Iocatlon Of the publlC hCal'Ing. NOl1CCS 11lallCd sh~ll~ ~dSO lnC~llllC a ba~~t~I identifyin~~ the Assessor Parcel Number of the property and including spaces Cor the property o~+~ncr to rote "Yc~" !E' :Ip~~~!:~V'~' t~le ne\ti" Chal~_.!C (~I~ ...fir )„ tt) d1S~l~)proV'C the ne\1 Chai!'C a11iI sh~l~l ll1CIUlIC In~OIlllatlOn ~l~tllni_' t~l~t~ 1~1~ ballots sha11 be submitted to the CIerI. as specified in Section 7 I< beloGV. ~ "No" vote shall be treated as a protest 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 ? 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 ?above in substantial compliance with the following procedures and requirements: a. "The ballot proceeding shall be conducted on September 14, 1999, pursuant to the requirements of Section 6(c) and following procedures similar to those specified in Section 4 (d) and (e), of 1~rticle XIII v 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". e. 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 may be cast as to each parcel of real property. 4 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 propel-ty. 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 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 5 of real property within the CSA. b. "The following fees have been paid: $6,(171 initial deposit for FY 199912000 9, That the Clerk of the Board is authorized and directed to file a certified copy of this Resolution with the F,xecutive Officer of the Butte County Local Agency Formation Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of Buttc, State of California, this 13th day of July , l 999, by the following vote: AYES: NOES: ABSENT: NOT VOTING: Jati~e Dolan, C~iair, Butte County Board of Supervisors ATTEST: J JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board o~;~upervisors ~~ i r/ :~ ~~_ (Autumn Park Rcs.) 6 EXHIBIT A CSA -AUTUMN PARK SUBDIVISION (1 PARCEL) PROPOSED BUDGET FY 1999/2000 530- Maintenance of Equipment Fire Protection System Pump Maintenance $ 500 536- Professional Services- Landscape Maintenance including pump 2,100 544- Utilities - Street Lights 4-70W LS-1 E, 3- 100W LS-1 E 578 Fire Protection System Pump 250 Irrigation System Pump 250 554- Interfund Services -Auditor 112 554.030- Interfund Services -Road Fund Retention Basin Maintenance 250 554.100- Interfund Services- Fire Department Administration and maintenance expense 250 554.181- Interfund Services- General Services Administration Expense- Public Works 125 Provision for Designate Fund Balance Fire Protection Pump Replacement (10-Year pump life) $5,000 Pump + $3,200 Hydrant 410 Landscape Replacement $2,000 Pump (10-Year pump life) 100 (15-Year Shrub and Groundcover life) $1,980 Shrubs + $4,365 Groundcover 211 (20-Year irrigation system life} $1,654 Irrigation System 41 Contingencies 894 Total $ 6,071 The 1999/2000 tax roll identifies only one parcel subject to County Service Area charges. This budget has been reduced to reflect the developer's one year maintenance requirement under the provisions of County Code and the State Subdivision Map Act. This budget allows for some reserve in the first year with the balance to be provided in Fiscal Year 2000/2001. The new charge shown in Exhibit B will allow for full funding for the services provided to the proposed residential lots within this County Service Area far future Fiscal Years. EXHIBIT B CSA -AUTUMN PARK SUBDIVISION (21 PARGELS) PROPOSED BUDGET SUBSEQUENT FISCAL YEARS 530- Maintenance of Equipment- Fire Protection System Pump Maintenance $1,000 536- Professional Services- Landscape Maintenance including pump 4,200 545- Utilities - Street Lights 4-70W LS-1 E, 3- 100W LS-1 E 1,155 Fire Protection System Pump 500 Irrigation System Pump 500 554- Interfund Services -Auditor 112 554.030- Interfund Services -Road Fund Retention Basin Maintenance 500 554.100- Interfund Services- Fire Department Administration and maintenance expense 500 554.181- Interfund Services- General Services Administration Expense- Public Works 125 Provision for Designate Fund Balance Fire Protection Pump Replacement (10-Year pump life} $5,000 Pump + $3,200 Hydrant 820 Landscape Replacement $2,000 Pump (10-Year pump life} 200 (15-Year Shrub and Groundcover life) $1,980 Shrubs + $4,365 Groundcover 423 (20-Year irrigation system life) $1,654 Irrigation System 83 Contingencies 2,024 ~ otai $12.142 Proposed maximum annual service charge $12,142121 parcels = $578.14 per parcel