1 t; 'ON"\~ RESOLUTION #01-35 SETTIN'G OF THE SPECIAL TAX FOR FISCAL YEAR FOR THE CARMELVALLEY FIRE PROTECTION DISTRICT

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1 1 t; 'ON"\~ Carmel Valley Fire Protection District RESOLUTION #01-35 SETTIN'G OF THE SPECIAL TAX FOR FISCAL YEAR FOR THE CARMELVALLEY FIRE PROTECTION DISTRICT WHEREAS, the Cannel Valley Fire Protection District provides fire and emergency medical services and other services relating to the protection of life and property; and WHEREAS, the Cannel Valley Fire Protection District has established in its budget studies, that after planning for personnel, maintenance and operating' costs: a financial deficit due to the revenue shortfall brought about by the State Budget and the effect of this on-going revenue loss still impacts fiscal year ; and WHEREAS, the loss of any major revenue in fiscal year will reduce the level of services provided to the citizens of the District to an unsafe level, and will cause an unacceptable response time, due to limited personnel available to respond from both the volunteer and full time force; and WHEREAS, the voters of the Cannel Valley Fire Protection District, by a margin greater than two-thirds majority vote, approved the levy of a District-wide special tax in 2001, codified as Ordinance #01-05; and NOW, THEREFORE BE IT RESOLVED in accordance with the above referenced ordinance establishing the special taxes within the Carmel Valley Fire Protection District, the setting of the tax rate computation and levy of taxes is hereby determined to be the closest cent, and deems it necessary and appropriate to achieve the purposes of the above referenced special tax ordinances, that the ta.x per unit of benefit for fiscal year shall be $3.75. IT IS FURTHER RESOLVED by the Board of Directors, to order the Auditor of the County of Monterey to bill the special taxes on the appropriate secured toll tax bills for ad valorem property taxes for fiscal year

2 /1/..1L D 1 -- Carmel Valley Fire Protection District Resolution #01-35 Page 2 ABSENT: ABSTAIN: Conrad AYES: Builta, McGowan, Blair, Erner, Garneau, Hewitt, Kurz, Weiss, Rice, Heaston NOES: Dated: July 26, 2001 AlTEST: l..(t:l...s<~<~.d,..a<. (~.l9~..t Susan Croswell, Clerk to the Board APPROVED AS TO FORM: - William D. Ross, District Counsel ~t--- Pete Garneau, Board President APPROVED AS TO CONTENT: S-6'~~~f

3 ';) ~~!5&11 r P C'l10NU"~ Carmel Valley Fire Protection District.. rr RESOLUTION #01-34 RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARMEL VALLEY FIRE PROTECTION DISTRICT CERTIFYING COMPLIANCE 'VITH STATE LAW 'VITH RESPECT TO THE LEVYING OF GENERAL AND SPECIAL TAXES, ASSESSMENTS, AND PROPERTY -RELATED FEES AND CHARGES WHEREAS, the Cannel Valley Fire Protection District ("Public Agency") requests that the Monterey County Auditor-Controller enter those general or special taxes, assessments, or property-related fees or charges identified in Exhibit "A" on the tax roll for collection and distribution by the Monterey County Treasurer-Tax Collector commencing with the property tax bills for fiscal year 2001/2002: NOW, THEREFORE, BE IT RESOLVED as follo\vs: 1. The Public Agency hereby certifies that it has, without limitation, complied with all legal procedures and requirements necessary for the levying and imposition of the general or special taxes, assessments, or property-related fees or charges identified in Exhibit.. A", regardless of whether those procedures and requirements are set forth in the Constitution of the State of California, in State statutes, or in the applicable decisional law of the State of California. 2. The Public Agency further certifies that, except for the sole negligence or misconduct of the County of Monterey. its officers. employees. and agents. the Public Agency shall be solely liable and responsible for defending at its sole expense. cost. and risk. each and every action. suit, or other proceeding brought against the County of Monterey. its officers. employees, and agents for every claim, demand. or challenge to the levying or imposition of the general or special taxes. assessments, or property-related fees or charges identified in Exhibit 55 A" and that it shall payor satisfy any judgement rendered against the County of Monterey. its officers. employees, and agents on every such action. suit. or other proceeding, including all claims for refunds and interest thereon. legal fees and court costs. and administrative expenses of the County of Monterey to correct the tax rolls.

4 CARMEL VALLEY FIRE PROTECTION DISTRICT Resolution #01-34 Page 2 ". I' PASSED, APPROVED, and ADOPTED this 26th day of July, 2001 at a regular meeting of the District Directors held on July 26,2001, at One Rancho San Carlos Road, Cantlel, CA on motion made by Director Hewitt, Seconded by Director Emer and duly carried with the following roll call vote. ~)1ES: Garneau, Blair, McGowan, Erner, Rice. Weiss, Heaston, Hewitt, Kurz, Builta NOES: -0- ABSENT: Conrad - ABSTAIN: Dated: July 26, 2001 AUEST: '~~~..-tttj{~~~~~~~~~ e: Susan Croswell, Clerk to the Board r;: *-6 - Pete Garneau, Board President APPROVED AS TO FORM: APPROVED AS TO CONTENT: v~.tl.. ~ ~. L William D. Ross, District Counsel ~ s.~~~

5 ~ ~1!_1,..t C110N~"~ Carmel Valley Fire Protection District EXHmIT., A" TO RESOLUTION CERTIFYING COMPLIANCE WITH ST ATE LAW WITH RESPECT TO THE LEVYING OF GENERAL AND SPECIAL TAXES, ASSESSMENTS, AND PROPERTY -RELATED FEES AND CHARGES FISCALYEAR :. GENERAL TAXES: SPECIAL TAXES: Ordinance #01-05 Imposing a Special Tax for Fire Protection, Rescue, Emergency Medical, Ambulance and other Services Relating to the Protection of Life and Property ASSESSMENTS: PROPERTY-RELATED FEES AND CHARGES:

6 Before ti,e Board of Supervisors in and for the County of Monterey, State of California RESOLunON NO A Resolution of the Board of Supervisors of Monterey County Ordering the Cannel Valley Fire Protection District Reorganization WHEREAS, an application for the proposed "Carmel Valley Fire Protection District Reorganization," for consolidation of fire protection and emergency medical services in Carmel Valley, involving the dissolution of the Carmel Valley and the Mid Carmel Valley Fire Protection Districts, the transfer of fire protection and emergency medical services responsibility in the Santa Lucia Community Services District, and the formation of the reorganized Carmel Valley Fire Protection District was heretofore filed with the Monterey County Local Agency Formation Commission, pursuanto the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code, Title V Div. 3, Section et seq.); and WHEREAS, on October 23, 2000, the Local Agency Fonnation Commission held a hearing to consider the proposed "Cannel Valley Fire Protection District Reorganization," and at the conclusion of said hearing, approved the proposed reorganization subject to tenns and conditions specified in LAFCO Resolution No ; and WHEREAS, a description of the exterior boundaries of the territory proposed to be reorganized is attached hereto as Exhibit A; and WHEREAS, by its Resolution No , adopted October 23, 2000, the Local Agency Formation Commission designated the County of Monterey as the conducting authority for the proposed reorganization and directed the County of Monterey to initiate reorganization proceedings compliance with the resolution; and WHEREAS, LAFCO Resolution No further directed that the proposed reorganization be made subjecto the following specified terms and conditions: a. The effective date of the reorganization shall be the date the Executive Officer files the Certificate of Completion. (Government Code Section 57202) b. The reorganize district shall be known as the "C. arme:1 Valley Fire Protection District", c. The existing Carmel Valley Fire Protection District and the Mid Cannel Valley Fire Protection District shall be dissolved consistent with the provisions of Government Code Section 57450,~. (Government Code Section 56844(v)), with the reorganized district through perpetual succession

7 having those powers set forth in Health and Safety Code Section d. The fire service responsibilityof the Santa Lucia Community Services District shall be relinquished, and the territory servedshall become part of the reorganized Carmel Valley Fire Protection District. e. The Board ofdirectors for the reorganized Carmel Valley Fire Protection District shall initially consist of eleven members appointed by the Monterey County Board of Supervisors, to serve on an interim basis until members can be elected at large. Of the members first appointed to the Board of Directors, five members shall serve a first term until November The balance of the members shall serve a term until November The determination of which members shall serve the shorter or longer terms shall be determined at the first meeting of the Board of Directors. Thereafter, all members shall be elected at large and serve terms of four years. (Government Code Section 56844(n» f All property, whether real or personal, including all monies (including cash on hand and monies due but uncollected) of the dissolved agencies shall be transferred to and vested in the reorganized Carmel Valley Fire Protection District. (Government Code Section (h, i)) g. The reorganized Carmel Valley Fire Protection District shall be authorized to exercise all general powers stipulated by law in the principal act. (Government Code Section (r)) h. The reorgaruzed Carmel Valley Fire Protection District shall receive all of the property tax revenue currently received by the existing Carmel Valley and Mid Carmel Valley Fire Protection Districts. A property tax transfer shall be approved by the Local Agency Formation Commission to distribute a fair share of the property tax increment in the Santa Lucia Community Services District in accordance with Government Code Section The Appropriations Limit for the reorganized Carmel Valley Fire Protection District shall be set at $2,989,535 for Fiscal Year j. The Commission authorizes the extension and continuation of all previously authorized charges, fees, assessments and taxes on the affected territory. (Government Code Section (t)) k. An Implementation Plan shall be submitted to the Local Agency Formation Commission prior to the filing of the Certificate of Completion that describes the activities and timeline necessary to transfer all services, property, agreements, and other matters to the reorganized Carmel Valley Fire Protection District. WHEREAS, the reason for the proposed reorganization is to consolidate fire protection and emergency medical services in Carmel Valley; and WHEREAS, the Commission has reviewed the environmental impacts of the proposed "Carmel Valley Fire Protection District Reorganization" and'determined the proposal to be categorically exempt from the California Environmental Quality Act (CEQA) pursuanto Section

8 15320, Cmss 20 because it involves a reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised; and WHEREAS, the reorganized Carmel Valley Fire Protection District will assume all the duties of the existing Carmel Valley and Mid Carmel Valley Fire Protection Districts and the fire service responsibility of the Santa Lucia Community Services District; and WHEREAS, after the reorganization, the affected territory will continue to be taxed for existing general bonded indebtedness and contractual obligations applicable to the territory before the reorganization, and no territory will be taxed for any existing bonded indebtedness or contractual obligation not applicable to that territory before the reorganization; and WHEREAS, the regular County assessment roll will be used to carry taxes and assessments levied within the territory subjecto the reorganization; and WHEREAS, the territory proposed to be reorganized is inhabited; and WHEREAS, the proposed reorganization will be for the interest of landowners or present or future inhabitants within the area subjecto the reorganization; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Monterey County as follows: 1. The Board of Supervisors adopts the certification oflafco that, pursuant to Section 15320, Class 20 of the California Environmental Quality Act (CEQA), the proposed "Monterey County Resource Conservation District Reorganization, " is categorically exempt from the provisions of CEQA. 2. Pursuanto the Cortese-Knox Local Government Reorganization Act of 1985, Government Code Section et seq. (Title 5, Division 3), the territory described in Exhibit A is hereby ordered reorganized as the Carmel Valley Fire Protection District subject to the terms and conditions specified in this resolution as set forth above. 3. The applicants agree as a condition of the approval of this application to defend at their sole expense any action brought againsthe County of Monterey, the Board of Supervisors, and its employees and staff, because of the approval oftrus application. The applicants will reimburse the County of Monterey for any court costs and attorneys' fees, which may be required by a court to pay as a result of such action. The County of Monterey may, at its sole discretion, participate in the defense of any such action; but such participation shall not relieve applicants of their obligations under this condition. An indemnification agreement shall be entered into by the applicants prior to the issuance of this Resolution. 4. The Clerk to the Board of Supervisors is directed to transmit a copy of this resolution to the Executive Officer of the Local Agency Formation Commission of Monterey County.

9 Upon motion of Supervisor Johnsen. seconded by Supervisor IDvcook. the foregoing resolution is adopted this 5th day of December -' pennvcoo: 2000, by the following vote: AYES: Supervisors pennycook, Calcagno and Johnsen. NOES: None. ABSENT: Supervisor Potterr Potter. I, SALLEY R. REED, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the minutes thereof at page -=- of Minute Book -1Q.-, on December Dated: December 5, 2000 SALLY R. REED, Clerk of the Board of Supervisors, County of Mo terey, State of Calif, nia. By eputy

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