Arbuckle Parks and Recreation District
Resolution No. 23-003

A RESOLUTION OF INTENTION TO CONTINUE TO LEVY THE ASSESSMENTS FOR FISCAL YEAR 2023-24, PRELIMINARILY APPROVING ENGINEER’S REPORT, AND PROVIDING FOR NOTICE OF PUBLIC HEARING

WHEREAS, the Arbuckle Parks and Recreation District is authorized, pursuant to the Landscaping and Lighting Act of 1972 (the “Act”), Part 2 of Division 15 of the California Streets and Highways Code (commencing with Section 22500 thereof) and Article XIIID of the California Constitution, to continue to levy assessments for park and recreation improvements; and WHEREAS, in 2007 property owners in the Arbuckle Parks and Recreation District approved the Parks and Recreation Maintenance District, (the “Assessment District”), a benefit assessment for park and recreation improvements within the Arbuckle Parks and Recreation District with 60.76% of weighted ballots in favor of the assessments; and WHEREAS, after such property owner approval, the assessments were first authorized by the Colusa County Board of Supervisors by Resolution No. 07-029 passed on July 10, 2007; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Arbuckle Parks and Recreation District (“Board”) that:

SECTION 1. The Board hereby proposes to continue to levy the Assessment District benefit assessments pursuant to the Act and Article XIIID of the California Constitution. The Board appointed SCI Consulting Group as the Engineer of Work and directs SCI Consulting Group to perform the professional services necessary to levy the benefit assessments for fiscal year 2023-24

SECTION 2. SCI Consulting Group, the Engineer of Work, has prepared an Engineer’s Report in accordance with Article XIIID of the California Constitution and the Act (“Report”). The Report has been made, filed with the Secretary of the Board and duly considered by the Board and is hereby deemed sufficient and preliminarily approved. The Report shall stand as the Engineer’s Report for all subsequent proceedings under and pursuant to the foregoing resolution.

SECTION 3. It is the intention of this Board to continue to levy and collect the assessments within the Assessment District for fiscal year 2023-24. Within the Assessment District, the existing and proposed improvements (the “Improvements”) are generally described as the: Installation, maintenance and servicing of public areas and public facilities, property owned or property rights, easements and/or rights of entry, leases or dedications including, but not limited to, park grounds, park facilities, landscaping, natural lands, open space areas, landscape corridors, ground cover, shrubs and trees, street frontages, irrigation systems, playground equipment and hardcourt areas, community center facilities, recreational facilities, restrooms, drainage systems, lighting, fencing, entry monuments and signage, security guards, land acquisition, land preparation, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, on (1) real property owned by, or encumbered by property rights held by, or maintained by, the District; or (2) on real property owned by, or encumbered by property rights held by, or maintained by any local agency or non-profit entity within the boundaries of the Assessment District that participates with the District in any of the installation, maintenance and servicing described herein. Installation means the construction of improvements, including, but not limited to, land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage, lights, playground equipment, play courts, recreational facilities and public restrooms. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any Improvement, including (a) repair, removal, or replacement of all or part of any Improvement; (b) providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; (c) the removal of trimmings, rubbish, debris, and other solid waste; and (d) the cleaning, sandblasting and painting of walls and other Improvements to remove or cover graffiti. Servicing means the furnishing of (a) electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other Improvements; and (b) water for irrigation of any landscaping, the operation of any fountains, or the maintenance of any other Improvements.

SECTION 4. The Assessment District consists of the lots and parcels shown on the assessment diagram of the Assessment District on file with the Secretary of the Board, and reference is hereby made to such diagram for further particulars.

SECTION 5. Reference is hereby made to the Report for a full and detailed description of the Improvements, the boundaries of the Assessment District and the proposed assessments upon assessable lots and parcels of land within the Assessment District. The Report identifies all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed.

SECTION 6. The assessments include an authorized annual increase equal to the change in the San Francisco Bay Area Consumer Price Index (“CPI”), not to exceed 3% (three percent) per year without a further vote or ballot proceeding. Based on the preceding annual adjustments, the maximum allowable assessment rate for Fiscal Year 2023-24 was $113.82. The annual San Francisco Bay Area CPI change from December 2021 to December 2022 was 4.88%.

SECTION 7. The proposed assessment rate for Fiscal Year 2023-24 is $113.82 per single-family equivalent benefit unit for Benefit Zone A and $56.91 per single-family equivalent benefit unit for Benefit Zone B for fiscal year 2023-24.

SECTION 8. Notice is hereby given that on July 17, 2023 at the hour of 7:00 p.m. at the office located at 309 5th Street, Arbuckle, California, the Board will hold a public hearing to consider the ordering of continuation to order the levy of the assessments for fiscal year 2023-24. The Secretary of the Board is hereby authorized and directed to cause a notice of the hearing to be given by publishing a notice once, at least ten (10) days prior to the date of the hearing above specified, in a newspaper circulated in the District.

SECTION 9. To get additional information about the assessments or the Assessment District or the proposed Improvements contact: Arbuckle Parks and Recreation District; 309 5th Street, Arbuckle, California 95912, Telephone: (530) 476-3007.

PASSED and ADOPTED by the Board of Directors of the Arbuckle Parks and Recreation District at a regular meeting thereof held on May 15, 2023.
AYES:5 NOES:0 ABSTAINED:0
ABSENT:1 Ellen Voorhees, Chair, Board of Directors ARBUCKLE PARKS AND RECREATION DISTRICT

/s/ Jody Ekhre, Secretary, Board of Directors,
ARBUCKLE PARKS AND RECREATION DISTRICT

06/29/2023 – CCPR # 2023-2023-0409