HomeMy WebLinkAbout23-081RESOLUTION DIRECTING THE ELECTIONS OFFICIAL
TO CONDUCT AN ELECTION CONCERNING THE FORMATION OF THE TUSCAN WATER DISTRICT
WHEREAS, the Butte Local Agency Formation Commission (LAFCo) received a Petition of Application to form the
Tuscan Water District (TWD) as a California Water District pursuant to Water Code section 34000 etseq.; and
WHEREAS, LAFCo processed the application pursuant to the Cortese -Knox -Hertzberg Local Government
Reorganization Act of 2000 (Government Code section 56000 et seq.) and the California Water District Law (Water Code
section 34000 etseq.) which is the principal act governing the TWD formation; and
WHEREAS, LAFCo adopted Resolution No. 18 2022/23 on March 2, 2023 conditionally approving the formation of
the TWD; and,
WHEREAS, LAFCo held a protest hearing regarding the formation of the TWD on May 5, 2023 at which the amount
of the protest was less than 50%; and
WHEREAS, because of the insufficient protest, LAFCo adopted Resolution No. 26 2022/23 and directed that the
formation of the TWD be subject to the confirmation of the landowner voters located within the affected territory; and
WHEREAS, on June 12, 2023, LAFCo sent a letter to the Board of Supervisors informing it of the decision LAFCo
had made and requesting that the Board direct the elections official to conduct an election for the formation of the TWD.
NOW, THEREFORE, BE IT RESOLVED, that the Butte County Board of Supervisors hereby makes the following findings
and takes the following action:
1. The Board finds that the laws that govern the Board's response to LAFCo's request are found in the Cortese -
Knox -Hertzberg Local Government Reorganization Act of 2000 at Government Code section 57000 etseq., in
the California Water District Law at Water Code section 34400 etseq., and in the Uniform District Election Law
at Elections Code section 10500 etseq.
2. The Board calls for an election to be held to determine whether the TWD should be formed.
3. The Board directs the elections official to conduct the election and to give notice of the election pursuant to
Government Code sections 57131 and 57132 and Water Code sections 34400 through 34402.
4. The date of the election is set for December 5, 2023.
5. The election shall be a landowner -voter election with each landowner having one vote for each dollar's worth
of land, not including improvements to the land or rights and privileges pertaining to the land as defined in
Water Code section 34014, to which the landowner holds title based on the last equalized assessment roll of
Butte County pursuant to Water Code section 35003. The last equalized assessment roll shall be corrected to
recognize individuals who acquired title after the roll was established, provided the individuals demonstrate
that they appear as owners on the records of Butte County as of the 45th day prior to the election. The vote
required for the ballot measure to pass shall be an affirmative vote of a majority of the votes cast in the
election pursuant to LAFCo Resolution No. 18 2022/23, Section 3, General Conditions 2a and LAFCo Resolution
No. 26 2022/23, Paragraph E.
6. Every voter, as defined in Water Code section 34027, or legal representative if the holder of title is not a
natural person, as defined in Water Code section 34030, may vote pursuant to Water Code section 35004.
7. A legal representative must present a certified copy of his or her authority to the elections official before he
or she may vote pursuant to Water Code section 35006.
8. Any individual whose name is not shown on the last equalized assessment roll either because the property's
title is not held in the name of an individual or because the individual believes he or she is authorized to vote
in place of the individual(s) shown on the last equalized assessment roll must present documentation to the
elections official demonstrating that individual's authority to vote in the election before voting.
9. LAFCo shall submit an impartial analysis for the election pursuant to Water Code section 34402.1 and
Government Code section 57144.
10. Arguments for or against the formation may be submitted by the Board or individual voters entitled to vote
or bona fide associations of individuals entitled to vote. The arguments shall not exceed 300 words in length
and shall be filed with the elections official not less than 54 days prior to the election. If more than one
argument for or against is received, the elections official shall select one of the arguments as specified in
Water Code section 34402.3 and Government Code section 57145. Rebuttal arguments may be submitted
pursuant to Government Code section 57147.
11. The TWD shall have a nine (9) member board of directors to be elected at the same election. Individuals must
meet the qualifications set forth in Water Code section 34700 to be a member of the board of directors. The
members of the board of directors shall be elected at large based on the same one vote for each dollar's worth
of land formula discussed above in item 5. If the TWD formation election is successful, the nine (9) individuals
who receive the highest number of votes shall be elected to the board of directors pursuant to Elections Code
section 10551, LAFCo Resolution No. 18 2022/23, Section 3, General Conditions 2a, Government Code section
57139, and Water Code section 34500. Candidates may self -nominate themselves but must demonstrate to
the elections official their qualification to be a member of the board of directors when doing so. If candidates
are nominated by other individuals or entities, the candidate's qualification to be a member of the board of
directors must be stated in the nomination submitted to the elections official. If it has not been demonstrated
to the satisfaction of the elections official that a candidate is qualified to be a member of the board of
directors, that candidate's name will not appear on the ballot. The elections official shall make available a
declaration of candidacy form to be used by candidates, as well as an oath, pursuant to Elections Code sections
10510 through 10512. The declaration and oath must be presented to the elections official when filing.
Candidates may provide statements of their qualifications at their own cost to be included in the voters'
pamphlet pursuant to Elections Code section 10540.
12. The election shall be conducted solely by mail pursuant to Government Code section 57126(b), Elections Code
section 10530, and LAFCo Resolution No. 26, 2022/23, Paragraph C. The election shall be conducted within
the boundaries set by LAFCo in LAFCo Resolution No. 26 2022/23, Paragraph C and Exhibit A.
13. The two ballot questions, as stated in LAFCo Resolution No. 18 2022/23, Section 4F, and in LAFCo Resolution
No. 26 2022/23, Paragraph H, read as follows:
PA
"Shall the Butte Local Agency Formation Commission order dated March 2, 2023 ordering the formation of
Tuscan Water District as a California Water District in western Butte County be approved, subject to the terms
and conditions specified in the order which will require a subsequent, post -formation landowner approval of
a special assessment or other lawful revenue measure generating equivalent revenue, to fund the initial
administrative/organizational activities or the district shall be dissolved, all as more particularly described and
set forth in Resolution No. 18 2022/23?"
"If the Tuscan Water District is formed, it will be governed by a nine (9) -member board of directors. Vote for
up to nine at -large directors from the list below:
[final list of candidate names and occupational designation (if any) to be inserted here]"
BE IT FURTHER RESOLVED, that the Butte County Board of Supervisors hereby makes the following findings and takes
the following action:
The Board finds that the chief petitioners of the TWD formation are several landowners who applied to LAFCo
to form the TWD. The chief petitioners are responsible for paying all costs associated with the formation of
the TWD, including the costs and expenses incurred in conducting the election, pursuant to Government Code
section 57150 and LAFCo Resolution No. 18 2022/23, Section 3A.
The Board enters into an indemnification agreement with the chief petitioners for the formation of the TWD
in which the chief petitioners agree to indemnify Butte County in any proceedings relating to the election.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 25th day of July, 2023, by the following vote:
AYES: Supervisors Connelly, Durfee, Ritter, Teeter and Chair Kimmelshue
NOES: None
ABSENT: None
NOT VOTING: None
Tod Kimmelshue, Chair
Butte County Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer and Clerk of the Board of Supervisors
By:
Deputy