HomeMy WebLinkAbout24-012BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
Resolution No. 24-012
RESOLUTION OF INTENT TO AMEND THE ASSESSMENTS FOR COUNTY SERVICE AREA (CSA) 141 AND CONDUCT A
PROTEST HEARING
WHEREAS, Government Code Section 25210.77a contains authority for the County of Butte to fix and collect
service charges for a particular extended service 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 the passage of Proposition 218 on
November 5, 1996, established procedures for levying new or increased charges; and
WHEREAS, a written report identifying each parcel of real property receiving a particular extended service, the
amount of the existing maximum annual charge, and the amount of the proposed increased annual charge for each parcel
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 Board wishes to give notice of and hold a public hearing to consider establishing such increased
annual service charge per the procedures specified in Article XIII D, Section 6 of the California Constitution.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Butte County Board of Supervisors as follows:
The Board of Supervisors finds that the above recitals are true and correct and hereby directs the
commencement of procedures to consider an increase in the annual maximum service charge within CSA 141.
The Board intends to amend the parcel charge assessments within CSA 141 within the boundaries described
in the attached Engineer's Report.
3. Per California Constitution Article 13D, Section 4(b), the Engineer's Report includes information related to the
proposed fee, including the cost or estimated cost of providing the service for which the fee is proposed to be
charged, the revenue sources anticipated to provide the service, and the basis of the allocation of the cost of
the services.
4. Per California Constitution Article 13D, Section 4 (b), an Engineer's Report has been prepared on the proposed
Parcel Charge which identifies (a) the services to be funded by the parcel charge, (b) its estimated cost, the
entire special benefit attributable to the service, (c) the lots which will receive a special benefit from the
proposed services and (d) each identified parcel's proportionate share of the cost of such services based upon
that parcel's special benefit from the service.
5. The Board shall hold a protest hearing regarding the proposed parcel charge amendments to CSA 141 on
March 12, 2024, at 9:30 AM (or as soon thereafter as circumstances permit) in the Board of
Supervisors Chambers, at 25 County Center Drive, Oroville, California, 95965
6. The Protest Hearing is to consider the proposed fee increases and to receive and consider all public comments,
including but not limited to counting any ballots in protest of the proposed fee increases received by the Clerk
of the Board at the time of the Protest Hearing.
7. Should ballots protesting the proposed fee increase exceed 50 percent of the parcels in the affected County
Service Area, the increase will not be adopted. In tabulating the assessment ballots, each assessment ballot
shall be weighted by the amount of the proposed parcel charge to be imposed upon the parcel for which such
assessment ballot was submitted.
8. All interested persons are invited to attend and be heard during the hearing.
9. As provided in state law, including but not limited to Article MILD of the California Constitution, each property
owner within CSA 141 may file a written protest against the proposed assessment with the Clerk of the Board
at 25 County Center Drive, Oroville, California, 95966 before the close of the public hearing.
10. Protests must be in writing and identify the property assessment number, the physical address that conveys
voting rights, and the property owner's name and contact information.
11. Only protests received before the close of the public hearing will be counted.
12. If there is not a majority protest by the property owners within CSA 141, the Board of Supervisors may approve
the amended parcel charges starting in Fiscal Year 2024/25 and each year after that, to be amended on the
assessment roll and billed and collected in the same manner as County property taxes.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 23`d day of January 2024 by the following vote:
AYES: Supervisor Durfee, Connelly, Ritter, Teeter and Chair Kimmelshue
NOES: None
ABSENT: None
ABSTAIN: None
Tod Kimm Ishue, Chair
Butte CoVfity Board of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board of Supervisors
Deputy