HomeMy WebLinkAboutRESOLUTIONS - 11271984 - 84-686 7 �'
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on A ovambar?7, 1984 , by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT:
Approval of Orinda ) RESOLUTION NO. 84/ 686
Incorporation (LAFC ) (Gov. C. 59350617 350629
84-8) ) 35257 , 35258 ; Elec. C.
§10012 ; Pub. R. C. 521080
(a) , (b) ( 1 ) )
RESOLUTION ORDERING CITY OF ORINDA INCORPORATION
AND NOTICE OF ELECTION TO CONFIRM INCORPORATION
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board ' s Resolution No. 84/622 fixed 10 : 30 a.m. on
Tuesday , November 6, 1984, in the chambers of the Board of .
Supervisors , Administration Building, Martinez, California, as the
time and place for a public hearing on the subject proposed incor-
poration . Notice of said hearing was duly given pursuant to
Govt . C. 5§35251 and 35252 . At that time the hearing was opened
and thereafter continued to November 27 , 1984. At said hearings
the Board heard and received all oral or written protests , objec-
tions , or evidence presented to it concerning the proposed
incorporation .
Upon closing the public hearing for the incorporation of the
City of Orinda, the Board hereby makes findings , determinations ,
and orders as follows :
1 . This proposed incorporation is subject to the following
terms or conditions imposed by the Local Agency Formation
Commission ' s September 5, 1984 decision approving incorporation:
a. That the boundaries of the affected territory to be
incorporated be those described in the attached Exhibit "A";
b. That the only elected officers for the City of Orinda
be the members of the City Council ;
C. That the effective date of the incorporation be
September 30, 1985,
d. That the ballot measure presented to the voters ,
at the election called by the Board of Supervisors for
the approval or disapproval of the incorporation, provide
for establishing an appropriations limit for the City of
Orinda pursuant to Article XIII (B) of the California Con-
stitution and that such appropriations limit he approved
by the voters if the incorporation is to become effective.
2 . It has reviewed and considered the negative declaration
( together with any comments received during the public review pro-
cess ) for this incorporation and approves of its adequacy.
Orig. Dept.:
CC: Citiz ns to Preserve
�3rinaa. RESOLUTION NO. 84/686
Elections
LAFCO
County Administrator
County Counsel 00 �Q 2
3. It orders the affected territory (described in attached
Exhibit "A" ) incorporated as the City of Orinda subject to the
confirmation of the voters within the territory on the question of
whether the territory should be incorporated. Any written pro-
tests filed and not withdrawn represent less than 50 percent of
the registered voters residing within the affected territory .
4 . It calls , provides for , and gives notice of a special
election upon the questions of confirmation of the Board ' s incor-
poration order ( including the adoption of an Art . XIII -B
appropriation limit ) , which persons shall be elected to the first
City Council , and whether members of the City Council in future
elections are to be elected by district or at large .
5 . The special election shall be held within the entire
territory of the City of Orinda Incorporation described in
attached Exhibit "A" .
6 . This special election shall be held on March 5, 1984 , and
will be consolidated with other elections scheduled within the
incorporation area for that date , provided that , if no other elec-
tions are scheduled , it will not be so consolidated.
7 . The proposed amount of the appropriation limit to be
placed on the ballot is $3 , 950 , 000.
8 . Except for the election of Councilmen , the questions to be
submitted to the voters at the special election shall be in the
following form:
a. "Shall the Order adopted on November 27 , 1984 by the
Board of Supervisors of Contra Costa County ordering the
incorporation of the territory described in said Order and
designated therein as the "Orinda Incorporation (LAFC 84-8) "
be confirmed and a California Constitution Article XIII-B
appropriation limit in the amount of $3 , 950 , 000 for the new
City of Orinda for the fiscal year 1985-1986 and thereafter
until changed , as provided by law, be approved?"
b. "Shall members of the City of Orinda council be
elected by district and not at large in future elections?"
9 . It designates election precincts and polling places for
this incorporation election as set forth on Exhibit "B" attached
hereto.
10 . That the vote required for confirmation of the incor-
poration shall be the approval of the question set forth in 8 . a. ,
above , by a majority of votes cast within the entire territory
within which said election is held. In such event , this Board
shall adopt a resolution pursuant to Govt . C. 535262 . If the
majority of votes cast is against incorporation, this Board shall
adopt a resolution pursuant to Govt . C. 535263 .
In addition , the Board after the canvas of the returns of the
incorporation election shall make the declaration required by
Govt . C. 535261 .
11 . The County Clerk is hereby authorized and directed to
publish appropriate notice of the election and to take all actions
required by law to provide for the conduct thereof and the canvass
RESOLUTION NO. 84/ 686
-2-
00 283
of returns thereof . The election notice shall be made in accor-
dance with Govt . C. §535055 , 35067 , 35259 and 35260 and Elections
Code 522830 .
12 . Pursuant to Elections Code 510012 and its February 2 ,
1982 order , this Board determines that a charge shall be levied
against candidates for the City Council for the candidate ' s state-
ments or other materials sent to each voter .
DOG/jh
1 hereby certify that this la a true and correct copy of
an action takci, and entered on the minutes of the
board of Supervi;,ors on ::ie dote shown.
ATTESTED: 7w_c z 7, llr 2,4
PHIL n=TCHEL0S. Clerk of tho Board
of Supervisors and County administrator
By ���� , Deputy
RESOLUTION NO. 84/ 686
-3-
00 284
Local Agency Formation Commission 2-82
Contra Costa County, California
Revised Description
Date: 9-5-84 By:
(LAFC 84-8)
PROPOSED
ORINDA INCORPORATION
EXHIBIT A
Beginning at the most northern corner of Parcel B, as shown on Parcel Map
MS-103-73 recorded October 11, 1973 in Book 30 of Parcel. Maps, at Page 29,
Official Records of Contra Costa County (said point having coordinates Y =
519,240, more or less, X = 1 ,520,660, more or less, Calitornia Coordinate
System, Zone 3, as are all coordinates mentioned in this description) ; thence
southeasterly along the northeasterly line of said Parcel B the following
courses: South 59.04'02" East, 582.62 feet; South 12 50' 05" West, 11.5.07 feet; and
South 35.46'31" East, 77.06 feet, to a point on the westerly line of the City of
Lafayette; thence southerly and easterly along the westerly and southerly
boundary line of the City of Lafayette 21 ,900 feet, more or less, to its inter-
section with the westerly boundary line of the City of the Town of Moraga, said
point being the northeast corner of Parcel Two as described in the deed to East
Bay Municipal Utility District recorded December 10, 1958 in Liber 3280, at Page
44, Official Records (coordinates Y = 502,480, more or less, X = 1,525,700, more
or less) ; thence southerly along the westerly boundary line of the City of the
Town of Moraga 18,325 feet, more or less, to an angle point on the existing
boundary of County Service Area R-6; thence leaving the aforementioned boundary
line of the City of the Town of Moraga and following along said C. S. A. R-6
boundary line in a general northwesterly direction, North 70.54'00" West,
1758.61 feet, North 41.58'00" West, 1603.80 feet, North 16.55' 10" West, 1480
feet more or less, to the northerly line of Section 14, 171S, R3W, M. D. B. &
M. ; thence leaving the boundary line of C. S. A. R-6, west along the northerly
lines of Section 14 & 15 5580.0 feet, more or less, to the section corner of
Sections 9, 10, 15 and 16; thence northerly 120 feet, more or less, to the
southerly corner of the parcel of land described in the deed to Edward J. Daly
recorded November 14, 1978 in Book 9102 at Page 139, Official Records; said
point being described therein as being marked with a 2 inch diameter iron pipe
marked by a brass tag labeled RE-E-1927; thence along the westerly line of said
Daly parcel the following courses:
North 10.17' 00" West, 393.08 feet; North 19'47' 10" West, 435.52 feet; North
49.04'40" West, 133.31 feet; North 36.19'40" West, 369.81 feet; North 44.34'40"
West, 384.58 feet; North 58.47' 30" West, 478.20 feet; North 62.17' 30" West,
374.50 feet; North 55.15' 10" West, 395.19 feet; North 31'38'30" East, 911.23
feet; North 21.13'41" East, 2,409.88 feet; North 35.00'50" West, 73.26 feet;
North 52.45'50" West, 330.30 feet; North 58.30' 50" West, 209.88 feet; North
47 .15'50" West, 371.58 feet; North 46'15'50" West, 257.40 feet; North
60.45' 50" West, 335 ,28 feet; South 62.29' 10" West, 179.52 feet; North 41 .52'40"
East, 60.31 feet; and North 1.58'58" East, 35.54 feet, more or less, to a point
on the southerly line of Upton Road as shown on State of California Department
of Transportation, Division of Highways (Cal Trans) , Right-of-Way Map R-137.20A,
said point being 24 feet right of Station 6+73, more or less, KA1 line; thence
westerly along said southerly line of Upton Road and the lines of Gateway
Boulevard, 1018.54 feet to a point on the southerly line of Cal Trans Route 24
right-of-way, (coordinate Y = 501 ,805.64, X = 1,510,556.00_) ; thence along said
southerly line of Route 24 right-of-way westerly 1926.78 feet to a point which !
is 220.00 right of Station 176+00 A7 line; thence North 14.33'03" West, 420.98 `
feet to a point on the northerly line of Route 24 right-of-way which is 220.98 I
feet left of Station 176+00 A7 line; thence northeasterly along said northerly
line of Route 24 right-of-way 10,343.66 feet to a point on the westerly line of
Camino Pablo (coordinates Y = 507 ,109.42, X = 1,513,188.02); thence northerly i
along said westerly line of Camino Pablo 2,100 feet, more or less, to the south
line of Lot 14, Block A, Orinda Park Terrace, recorded April 28, 1922 in Map
Book 18, Page 389, Official Records; thence South 71.06130" West along said
south line 327.00 feet to the southeast corner of Lot 14 as shown on the
Official Map of Garden of Eden filed May 3, 1927 in Book 1 of Official Maps, j
Page 18, Official Records; thence South 18.53' 30" East, 30.00 feet; thence South
71.06' 30" West, 1,555.98 feet; thence North 18'53' 30" West, 30,00 feet to the
southwest corner of Lot 33 as shown on the Map entitled "Resubdivision of Blocks
F, M & L of Orinda Park Terrace" which was recorded April 17, 1923 in Volume 18
of Maps at Page 414-1/2, Official Records; thence South 71006130" West, 111
feet, more or less; thence South 5-12'47" West, 105.21 feet; thence North
Page 1 of 3
00 285
LAFC 84-8 2-82
88.51'26" West, 116.19 feet; thence North 64.25' 39" West, 79.78 feet; thence
South 71.06130" West along said south line (18M414-1/2) 905.34 feet to the
southwestern corner of Lot 50 of said Map (18M414-1/2) , said point also being on
the southeastern line of Orinda Park Tract, filed May 8, 1882 in Map Book F, at
Page 143; thence along the southeastern line of said Orinda Park Tract (M.B.
F-143) , South 70456130" West, 2,810 feet, more or less, to the eastern line of
Lot 18, Section 5, Township 1 South, Range 3 West, Mount Diablo Base and
Meridian; thence southerly and northwesterly along the eastern and southern
lines of said Lot 18, as follows: South 0.32141" West, 113.95 feet and North
73.13' 19" West, 188.12 feet to the most western corner of said Lot 18, said
point also being on said southern line of Orinda Park Tract (F=143) ; thence
westerly and northwesterly along the southeastern and southwestern lines of said
Orinda Park Tract (F-143) , as follows: North 87.22110" West, 1,386.00 feet;
North 47.02' 30" West, 1 ,541 .63 feet; North 25.10' 15" West, 140.52 feet, and
North 22.12' 20" West, 152.07 feet to the southwestern corner of the parcel of
land described in the deed to Robert H. Johnson, et al , recorded December 17,
1975 in Book 7714, Official Records, Page 875; thence northwesterly along the
western line of said Johnson parcel (7714 OR 875) , as follows: North 22'12' 20"
West, 74.4 feet; North 6.16' West, 284.0 feet; North 28.18' West, 88.0 feet;
North 36.25' West, 332.0 feet; and North 15.52' West, 290.0 feet to the south-
western corner of the parcel of land described in the deed to the Fidelity
Subsidiary Corporation, recorded March 27 , 1969 in Book 5841, Official Records,
Page 410; thence in a general northerly, northeasterly and southeasterly direc-
tion along the southwestern and northeastern lines of said Fidelity Subsidiary
Corporation parcel (5841 OR 410) , as follows: North 15.52' West, 668.0 feet;
North 22.52' West, 1 ,045.0 feet; North 42.45' West, 331.0 feet; North 54.07'50"
East, 3,208.3 feet; South 63.03' East, 257.1 feet; North 54.07'50" East, 478.50
feet; and South 30.53' East, 998.4 feet; thence South 30.53' East, 93.2 feet to
the northwestern corner of the parcel of land described in the deed to Douglas
R. Krotz, recorded December 29, 1972 in Book 6830, Official Records, Page 512;
thence North 86.07' 28" East along the northern line of said Krotz parcel (6330
OR 512) , 566.21 feet to the northeastern corner thereof; thence North 42.54'45"
East, 405.89 feet; thence North 51.48' East, 105.29 feet; thence North 53' West,
51.76 feet; thence North 52- East, 194.16 feet; thence South 53• East, 51.76
feet to a point on the northern line of Lot 2, Orinda Villa Park, filed August
149 1914 in Map Book 11 , Page 265; thence North 51.48' East along the northern
line of said Orinda Villa Park (M.B. 11-265) , 640 feet, more or less, to the
westerly line of Camino Pablo; thence northerly along said westerly line 1,730
feet, more or less; thence northeasterly across Camino Pablo where it becomes
San Pablo Dam Road 150 feet, more or less, to the intersection of the northerly
line of Bear Creek Road and the easterly line of San Pablo Dam Road; thence
easterly along said northerly line of Bear Creek Road 1,300 feet, more or less,
to the point described as the true Point of Beginning of the parcel of land
described as Parcel One in the Deed to Duffel Financial and Construction
Company, recorded November 28, 1983 in Book 11545, Page 65, Official Records,
said Point of Beginning having the coordinates Y = 514,891.44 and X =
1 ,507 ,746.23 and being marked with a concrete monument; thence along the boun-
dary line of said parcel (11 ,545 OR 65) as follows: South 08'39' 58" West, 11.32
feet; South 83.33132" West, 146.11 feet; North 87.30'26" West, 143.72 feet;
South 73.37' 13" West, 165.33 feet; South 82.19' 07 West, 310.57 feet; North
84'00'56" West, 149.78 feet; North 87 .18' 18" West, 307 .57 feet; North 51'24' 22"
West, 161.35 feet; North 13.12'39" West, 352.68 feet; North 46.32' 02" West,
101 .16 feet; North 64.01'49" West, 164.10 feet; North 57.42'52" West, 117.92
feet; North 49'04'42" West, 160.52 feet; North 34.45' 12" West, 185.56 feet to a
point in the northerly line of the property described as Parcel Two in the Grant
of Easement from East Bay Municipal Utility District to Pacific Gas and Electric
Company dated December 30, 1960 and recorded in Volume 3803 of Official Records,
Page 182, in the office of the Recorder of Contra, Costa County, and along the
northerly line of said Parcel Two North 56.20107" East, 1,197.49 feet to a point
on the northerly line of Bear Creek Road; thence North 45'50'48" East, 84.00
feet across Bear Creek Road to its southerly line, said point being 42 feet
right of Station 28+98, more or less, as shown on the Map entitled "Bear Creek
Road Right-of-Way Record Map," Contra Costa County Public Works Department File
No. RW-2351-62; thence easterly along said southerly line of Bear Creek Road
14,832.52 feet, more or less, to a point 270 feet right of Station 175+13, more
or less, being the northeast corner of the parcel of land described as Parcel
Four in the deed to Claud T. Lindsey, Incorporated, recorded June 12, 1981 in
Book 10365, Page 468, Official Records, which point is described therein as a
point on the easterly boundary line of the parcel of land described in the deed
to G & L Investment Company, recorded March 23, 1960, Book 3582, Page 134,
Official Records; thence along the exterior boundary line of said parcel (10365
OR 468) the following courses: South 09'11'30" East, 576.20 feet; South
60.09' 00" East, 42.13 feet; and South 46.34' 52" West, 53.62 feet to a point on
Page 2 of 3
00 286
LAFC 84-8 2-82
the northerly line of the parcel of land described as Parcel Two in the deed to
Claude T. Lindsey, Incorporated, recorded June 12, 1981 in Book 10365, Page 471 ;
thence along said northerly line of said parcel (10365 OR 471) the following
courses: South 43.25108" East, 160.00 feet; North 46.34'52" East, 101.71 feet;
South 60.09' 00" East, 22.49 feet; South 79.30115" East, 264.14 feet; North
80.23' 15" East, 253.38 feet; South 86.55100" East, 129.64 feet; North 72.35' 30"
East, 569.82 feet; North 86.43' 00" •East, 289.74 feet; North 69.20145" East,
959.76 feet; South 35.26'45" East, 691.42 feet; and South 59.04' 22" East, 890.47
feet, to the Point of Beginning.
All references in this description to various boundary lines are to the
lines as they exist on December 31 , 1983. All bearings i.n this description are
taken from relevant documents, and are not necessarily on a common basis.
Encompassing 8,290 acres, more or less.
00 28'7
Page 3 of 3
Resolution No. 84/686
EXHIBIT "B"
PRECINCT NO. LOCATION
101 Sleepy, Hollow Swim Club
1 Sunnyside Lane, Orinda
102 St. Stephens Episcopal Church
St. Stephens Drive/Via Las Cruces, Orinda
103 Anthony P. Morse - Playroom
28 La Campana, Orinda
104 Orinda Library
2 Irwin Way, Orinda
105 Orinda School District - Board Room
8 Altarinda Road, Orinda
106 Mrs. Anna Simaz ' Garage
34 Bates Blvd. , Orinda
107 Leslie M. Thor - Family Room
12 Parklane Driye, Orinda
108 Lucille M. Fahay - Basement
12 Overhill Rd, Orinda
109 Shepherd of the Valley Lutheran CHurch
Fellowship Hall
433 Moraga Way, Orinda
110 St. Mark' s Methodist Church
Education Building
451 Moraga Way, Orinda
111 Orinda Intermediate School - Room 24
8.0 Ivy Drive, Orinda
00 288