Loading...
HomeMy WebLinkAboutMINUTES - 07222008 - SD.5 TO: BOARD OF . Contra _ FROM: John Cullen, Count Administrato Costa County DATE: July 22, 2008 °s'A col ` `� County SUBJECT: ALAMO INCORPORATION - REVENUE NEUTRALITY SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: CONSIDER adopting Resolution No 2008/529 approving and authorizing the County Administrator to execute a Revenue Neutrality Agreement by and between the County of Contra Costa and petitioners for incorporation of the Town of Alamo, and to be binding on the Town of Alamo upon incorporation. FISCAL IMPACT: The incorporation's potential negative financial impact will be mitigated by the terms set forth in the attached Revenue Neutrality Agreement and discussed further below. BACKGROUND: On August 27, 2007, Alamo Incorporation Proponents submitted to the Contra Costa Local Agency Formation Commission (LAFCO) a Notice of Intent to Circulate a Petition pursuant to Government Code section 56700.4 proposing to incorporate the,Town of Alamo. On November 5, 2007, a petition and an application were submitted to LAFCO proposing the incorporation of the Town of Alamo ("incorporation"). The petition signatures were found to be sufficient. California Government Code section 56815 expresses the intent of the State Legislature that any incorporation should result in a similar exchange of both revenue and responsibility for service, delivery between the affected county and the proposed town. The Contra Costa LAFCO adopted policies and standards relating to incorporations and revenue neutrality,pursuant to the Government Code. The express intent of the LAFCO policies and of this Agreement is to mitigate potential fiscal losses to the County without making incorporation impossible for local communities ready, for self-governance or precluding an adequate fiscal base,for new cities/towns. Under LAFCO policies, LAFCO shall not approve an incorporation unless it finds that revenue currently received by the County which would accrue to the Town is substantially equal to the expenditures currently made by the County for the services which will be assumed by the Town or if it determines that the negative fiscal impacts of the proposed incorporation on the County have been mitigated by tax sharing agreements, lump-sum payments,''payments over a fixed period of time, or any other terms and conditions pursuant to LAFCO policies or the County and all the subject agencies agree to the terms of the proposed transfer. CONTINUED ON ATTACHMENT: X YES SIGNATURE: ,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON_Q':"1 ' �` ! 0-%� APPROVE AS RECOMMENDED OTHER 519KAK021 IIS -Fnvble: b. gow��y, c:KCWVr--2, 5 . C�,'� rn•CnesoN VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: PI&IP o, 40UIL(.A ABSTAIN: ATTESTED �2 CONTACT: Lisa Driscoll(335-1023) JOHN CULLEN,CLER OF THEL BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: LAFCO Auditor-Controller ` BY DEPUTY July 22, 2008 Page 2 of 3 The County is currently responsible for providing both municipal and countywide services including, but not limited to, health and welfare services, probation services, operation of the County jail, District Attorney and indigent defense. The tax revenue currently received by the County from within the area proposed for incorporation is used to fund both municipal and countywide services. Incorporation of the Town will relieve the County of the responsibility for providing certain municipal services. However., the County will continue to be responsible for providing countywide services within the boundaries of the Town and all other areas of the incorporated and unincorporated County. Pursuant to LAFCO policies, the Alamo Incorporation Committee funded and LAFCO caused to be prepared a "preliminary" draft Comprehensive Fiscal Analysis ("CFA") of the Proposed Incorporation of the;Town of Alamo to serve as the basis for revenue neutrality negotiations between the County and the Alamo Incorporation Proponents. The "preliminary" draft CFA analyzed the initial study area (Area 1) and one alternative study area (Area 2). LAFCO staff, the incorporation proponents and the County agree that Area 1 would be the alternative proposed for incorporation and would serve as the basis for the revenue neutrality negotiations. Based-upon a careful review of the "preliminary" draft CFA, including County records utilized in the preparation of the"preliminary" draft CFA relating to revenue projections for the area included in the incorporation'; the present and projected costs of law enforcement, road maintenance and other County services transferred to the Town, and the costs of services retained by the County, County staff and the Alamo Incorporation Proponents have agreed upon the terms that would mitigate the fiscal impacts of the incorporation on the'County. Today's Board action is requesting that the Board consider directing the execution of the Revenue Neutrality Agreement ("Agreement") negotiated by staff (attached). This Agreement represents a compromise between the County and the Alamo Incorporation Proponents and is intended to resolve all fiscal issues between the County and the proposed Town with respect o the incorporation of the Town of Alamo. The County agrees not to challenge LAFCO's approval of the incorporation proposal or to seek to further mitigate the fiscal impact of the Town's incorporation in the form of a larger share of the Town's tax revenue in perpetuity. In the event the CFA upon which this Agreement is modified or revised, the parties agree to amend this Agreement based on the modified or revised CFA. It is anticipated that LAFCO will find 1) that the approval and execution of this Agreement by the County, and the lump-sum payments, installment payments, and, other terms and conditions set forth herein adequately mitigate the negative fiscal effects of the incorporation on the County, 2) that but for the conditions contained herein, that LAFCO would be unable to make the required findings under Government Code section 56815 and approve the incorporation; and (3) that this Agreement is integral to LAFCO's determinations approving the incorporation under the Government Code. The transfer of funds and responsibilities set forth in the attached will be used as part of the incorporation process as provided by law. Approval of this Agreement by an affirmative vote of the people casting 'votes at the incorporation election held in accord with all applicable provisions of California law shall be binding on the Town. The terms of this Agreement shall take effect upon certification of the results of that successful incorporation election without further action by any party. In summary, the "preliminary" draft CFA finds that for revenue neutrality, the forecasted revenues minus expenditures for FY 2009/10 through FY 2018/19 average an approximate $573,000 annual deficit for the County General Fund and $311,000 annual surplus for the County Road Fund. Additionally, the draft finds that transition year 'net cost' of providing services to the Town by the County will be a deficit (cost to the County) of approximately $274,000 from the General Fund and a surplus (credit to the County) of approximately $283,000 for Road Fund. The transition period is,defined as the period commencing with the effective date on which the Town comes into existence under State Law (anticipated to be either June 30, 2009 or July 1, 2009) and ending on June 30, 2010. July 22, 2008 Page 3 of 3 The Agreement covers two revenue neutrality areas 1) annual loss of revenue over a 10 year period and 2) transition year costs. The terms of the Agreement call for the Town to make a lump sum payment of $3 million to the County no later than FY 2018/19 from Town General Fund accumulated reserves. The Town waives a transfer from the Road Fund. The County will pay the net credit for costs of services for the General Fund transition year to the Town in FY 2010/11 (approximately $274,000). In the unlikely event that the actual net of revenues/service costs reflects a net cost, the Town will have the option to repay the County over a 5 year period. The County waives reimbursement by the Town for the transition year net cost of providing road and traffic signal maintenance (approximately $283,000), which will be paid by the Road Fund. The County, using Park,Funds, will pay the net credit for costs of services (approximately $398,000) for the Park Fund Transition Year to the Town in FY 2010/11. iv THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on (date), by the following vote: AYES: Io IA , (A lL)<EM/k �� NOES: -- ABSENT: pI16ON0 ABSTAIN: Resolution No. 2008/529 Subject: Proposed Incorporation of the ) Town of Alamo ) WHEREAS, on August 27, 2007, Alamo Incorporation Proponents submitted to the Contra Costa Local Agency Formation Commission (LAFCO) a Notice of Intent to Circulate a Petition pursuant to Government Code section 56700.4 proposing to incorporate the Town of Alamo. On November 5, 2007, a petition and an application were submitted to LAFCO proposing the incorporation of the Town of Alamo ("incorporation"). The petition signatures were found to be sufficient; and WHEREAS, California Government Code section 56815 expresses the intent of the State Legislature that any incorporation should result in a similar exchange of both revenue and responsibility for service, delivery between the affected county and the proposed town. The Contra Costa I;LAFCO adopted policies and standards relating to incorporations and revenue neutrality pursuant to the Government Code. The express intent of the LAFCO policies and of this Agreement is to mitigate potential fiscal losses to the County without making incorporation ,impossible for local communities ready for self-governance or precluding an adequate fiscal base for new cities/towns; and WHEREAS, under LAFCO policies, LAFCO shall not approve an incorporation unless it finds that revenue currently received by the County which would accrue to the Town is substantially equal to the expenditures currently made by the County for the services which will be assumed by the Town or if it determines that the negative fiscal impacts of the proposed incorporation on the County have been mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms and conditions pursuant to LAFCO policies or the County and all the subject agencies agree to the terms of the proposed transfer; and WHEREAS, the County is currently responsible for providing both municipal and countywide services including, but not limited to, health and welfare services, probation services, operation of the County jail, District Attorney and indigent defense. The tax revenue currently received by the County from within the area proposed for incorporation is used to fund both municipal and countywide services. Incorporation of the Town will relieve the County of the responsibility for providing certain municipal services. However, the County will continue to be responsible for providing countywide services within the boundaries of the Town and all other areas of the incorporated and unincorporated County; and WHEREAS, pursuant to LAFCO policies, the Alamo Incorporation Committee funded and LAFCO caused to be prepared a "preliminary" draft Comprehensive Fiscal Analysis ("CFA") of the Proposed Incorporation of the Town of Alamo to serve as the basis for revenue neutrality negotiations between the County and the Alamo Incorporation Proponents. The "preliminary" draft CFA analyzed the initial study area (Area 1) and one alternative study area (Area 2). LAFCO staff, the incorporation proponents and the County agree that Area 1 would be the alternative proposed for incorporation and would serve as the basis for the revenue neutrality negotiations; and WHEREAS, based-upon a careful review of the "preliminary" draft CFA, including County records utilized in the preparation of the "preliminary" draft CFA relating to revenue projections for the area included in the incorporation, the present and.projected costs of law enforcement, road maintenance and other County services transferred to the Town, and the costs of services retained by the County, County staff and the Alamo Incorporation Proponents have agreed upon the terms that would mitigate the fiscal impacts of the incorporation on the County. Today's Board action is requesting that the Board consider directing the execution of the Revenue Neutrality Agreement ("Agreement") negotiated by staff; and WHEREAS, this Agreement represents a compromise between the County and the Alamo Incorporation Proponents and is intended to resolve all fiscal issues between the County and the proposed Town with respect to the incorporation of the Town of Alamo. The County agrees not to challenge LAFCO's approval of the incorporation proposal or to seek to further mitigate the fiscal impact of the Town's incorporation in the form of a larger share of the Town's tax revenue in perpetuity. In the event the CFA upon which this Agreement is modified or revised, the parties agree to amend this Agreement based on the modified or revised CFA; and WHEREAS, it is anticipated that LAFCO will find 1) that the approval and execution of this Agreement by the County, and the lump-sum payments, installment payments, and other terms and conditions set forth herein adequately mitigate the negative fiscal effects of the incorporation on the County, 2) that but for the conditions contained herein, that LAFCO . would be unable to make the required findings under Government Code section 56815 and approve the incorporation; and (3) that this Agreement is integral to LAFCO's determinations approving the;incorporation under the Government Code; and WHEREAS, the transfer of funds and responsibilities set forth in the attached will be used as part of the incorporation process as provided by law. Approval of this Agreement by an affirmative vote of the people casting votes at the incorporation election held in accord with all applicable provisions of California law shall be binding on the Town. The terms of this Agreement shall take effect upon certification of the results of that successful incorporation election without further action by any party; and WHEREAS, the "preliminary" draft CFA finds that for revenue neutrality, the forecasted revenues minus expenditures for FY 2009/10 through FY 2018/19 average an approximate $573,000 annual deficit for the County General Fund and $311,000 annual surplus for the County Road Fund. Additionally, the draft finds that transition year 'net cost' of providing services to the Town by the County will be a deficit (cost to the County) of approximately $274,000 from the General Fund and a surplus (credit to the County) of approximately $283,000 for Road Fund. The transition period is defined as the period commencing with the effective date,'!on which the Town comes into existence under State Law (anticipated to be either June 30, 2009 or July 1, 2009) and ending on June 30, 2010; and WHEREAS, the Agreement covers two revenue neutrality areas 1) annual loss of revenue over a 10 year period and 2) transition year costs. The terms of the Agreement call for the Town to make a lump sum payment of $3 million to the County no later than FY 2018/19 from Town General Fund accumulated reserves. The Town waives a transfer from the Road Fund. The County will pay the net credit for costs of services for the General Fund transition year to the Town in FY 2010/11 (approximately $274,000). In the'unlikely event that the actual net of revenues/service costs reflects a net cost, the Town will have the option to repay the County over a 5 year',period. * The County waives reimbursement by the Town for the transition year net cost of providing road and traffic signal maintenance (approximately $283,000), which will be paid by the Road Fund. The County, using Park Funds, will pay the net credit for costs of services (approximately $398,000) for the Park Fund Transition Year to the Town in FY 2010/11. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors approves and authorizes the County Administrator to execute the attached Revenue Neutrality Agreement by and between the County of Contra Costa and petitioners for incorporation of the Town of Alamo, and to be binding on the Town of Alamo upon incorporation. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: �I 2�i�p 6 JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By Deputy Contact: Lisa Driscoll (335-1023) cc: Lou Ann Texeria, LAFCO Julie Bueren, Public Works Steve Ybarra, Auditor-Controller RESOLUTION NO. 2008/529 REVENUE NEUTRALITY AGREEMENT BY AND BETWEEN THE COUNTY OF CONTRA COSTA AND THE TOWN OF ALAMO THIS REVENUE NEUTRALITY AGREEMENT ("Agreement") is entered into by and between THE COUNTY OF CONTRA COSTA, a subdivision of the State of California("County") and the undersigned Petitioners for incorporation of the Town of Alamo, and to be binding on THE TOWN OF ALAMO, a municipal corporation(".Town"), upon incorporation 1.0 RECITALS'. This Agreement is entered into with reference to the following facts: 1.1 On August 27, 2007, Stephen A. Mick, a proponent of the incorporation of Alamo, submitted to the Contra Costa Local Agency Formation Commission("LAFCO") a Notice of Intent'to Circulate a Petition pursuant to Government Code section 56700.4 proposing to incorporate the Town of Alamo. 1.2 On November 5, 2007, Sharon Burke, Vicki Koc and Stephen A. Mick (collectively the "Chief Petitioners") submitted a petition and Vicki Koc ("Proponent") submitted an application to LAFCO proposing the incorporation of the Town of Alamo ("incorporation"). On November 14, 2007, the petition signatures were found to be sufficient. 1.3 California Government Code section 56815 expresses the intent of the State Legislature that any incorporation should result in a similar exchange of both revenue and responsibility for service, delivery between the affected county and the proposed town. 1.4 On November 14, 2007, the Contra Costa LAFCO adopted policies and standards ("Policies") relating to incorporations and revenue neutrality pursuant to the Government Code.1 1.5 The express intent of the LAFCO Policies and of this Agreement is to mitigate potential fiscal'''losses to the County without making incorporation impossible for local communities readyl�for self-governance or precluding an adequate fiscal base for new cities/towns. 1.6 Under Government Code section 56815 and the LAFCO policies, LAFCO shall not approve the incorporation unless it finds that the revenue currently received by the County which, but for the operation of Government Code section 56815, would accrue to the Town is substantially equal to the expenditures currently made by the County for the services which will be assumed by Town. Notwithstanding this provision, Government Code section 56815 authorizes LAFCO to approve an incorporation if(1) LAFCO finds that the negative fiscal effects of the proposed incorporation on the County have been adequately mitigated by tax sharing agreements, lump-sum payments, payments over a fixed period of time, or any other terms,and conditions pursuant to Government Code section 56886 or (2) the County and all of the subject agencies agree to the proposed transfer. 1.7 The County is currently responsible for providing both municipal and countywide services including, but not limited to, health and welfare services, probation services, operation of the County jail, District Attorney and indigent defense. The tax revenue currently received by the County from within the area proposed for incorporation is used to fund both municipal and countywide services. Incorporation of the Town will relieve the County of the responsibility for providing certain municipal services. However, the County will continue 1 to be responsible for providing countywide services within the boundaries of the Town and all other areas of the incorporated and unincorporated County. 1.8 Pursuant to Government Code section 56800 and the LAFCO Policies, the Alamo Incorporation Committee funded and LAFCO caused to be prepared a Comprehensive Fiscal Analysis ("CFA") of the Proposed Incorporation of the Town of Alamo to serve as the basis for revenue neutrality negotiations between the County and the Chief Petitioners. 1.9 The CFA was prepared in accordance with the 'Government Code section 56800 and analyzed the initial study area (Area 1) and one alternative study area (Area 2). LAFCO staff, the incorporation proponents and Chief Petitioners, and the County agree that Area I is the alternative proposed for incorporation and will serve as the basis for the revenue neutrality negotiations. 1.10 Based-upon a careful review of the CFA, including County records utilized in the preparation of the CFA relating to revenue projections for the area included in the incorporation, the present and projected costs of law enforcement, road maintenance and other County services transferred to the Town, and the costs of services retained by the County, the County and the Chief Petitioners have agreed upon the terms herein that would mitigate the negative fiscal impacts of the incorporation on the County to a level acceptable to the County. 1.11 The Contra Costa County Board of Supervisors and the Petitioners have agreed to the transfer of funds and responsibilities set forth in this Agreement and to the submission of these terms and conditions to the electorate as part of the incorporation process as provided by law. Approval of this Agreement by an affirmative vote of the people casting votes at the incorporation election held in accord with all applicable provisions of California law shall be binding on the Town. The terms of this Agreement shall take effect upon certification of the results of that successful incorporation election without further action by any party. 1.12 This Agreement represents a compromise between the County and the Petitioners and is intended to resolve all issues between the County and the Town with respect to the application of the requirements of Government Code section 56815 to the incorporation of the Town of Alamo and is conditioned on incorporation. In specific reliance on this Agreement, the County has elected not to challenge LAFCO's approval of the incorporation proposal or to seek to further mitigate the fiscal impact of the Town's incorporation in the form of a larger share of the Town's tax revenue in perpetuity. 1.13 No provision herein shall be construed to mandate the County members of LAFCO to vote "for" or "against" the incorporation or any other related matters during the LAFCO proceedings. 1.14 In approving the proposed incorporation, LAFCO found pursuant to Government Code section 56815 as follows: (1) that the approval and execution of this Agreement by the County, and the lump-sum payments, installment payments, and other terms and conditions set forth herein adequately mitigate the negative fiscal effects of the incorporation on the County, (2) that but for the conditions contained herein, that LAFCO would be unable to make the required findings under section 56815 and approve the incorporation; and (3) that this Agreement is integral to LAFCO's determinations approving the incorporation under the Government Code. 2 2.0 DEFINITIONS. In this Agreement, unless the context otherwise requires: 2.1 "Act" means the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. 2.2 "Effective Date" means the date on which the Town comes into existence under State Law. 2.3 ."Fiscal Year"means July 1 through June 30. 2.4 "Town Boundary" means the boundary of the Town of Alamo as depicted as Area 1 of the preliminary draft CFA. Any change by LAFCO to this boundary that significantly affects the Revenue Neutrality obligation as stated in this Agreement may require negotiation of an amendment to adjust the Revenue Neutrality payment amount. 2.5 "Transition Period" means the period commencing with the Effective Date and ending on June 30, 2010. 3.0 COUNTY SERVICES AFTER INCORPORATION 3.1 County Support Services. As required by Government Code section 57384, the County will continue to provide all county services furnished to the area within the Town Boundary prior to incorporation until the end of the Transition Period or until the town council requests discontinuation of the services, whichever occurs first. During this Transition Period, services shall be provided at the current level of service. 3.2 Contra Costa County LibrgL. The Contra Costa library services will not be affected by this Agreement. 3.3 Special Districts. Fire, school, water, wastewater and other special districts will not be affected by this Agreement. 3.4 Continued County Services. The County and Town may contract for a continuation of County services or an enhanced level of service to the Town after the Transition Period as mutually agreed upon.between the Town and the County. 4.0 COUNTY SERVICE AREAS /SPECIAL BENEFIT ASSESSMENT DISTRICTS: Government Code section 25210.90 provides for automatic exclusion (detachment) from County Service Areas ("CSAs") upon the effective date of the incorporation. Government Code section 56375(n) allows LAFCO to waive the automatic detachment if it finds application would deprive an area of a service needed to ensure the health, safety, or welfare of the residents of the area and if it finds that the waiver would not affect the ability of a city to provide any service. 4.1 CSA EM-1: CSA EM-1 shall continue in force and effect. The automatic detachment of Town.property from CSA EM-1 as required by Government Code section 25210.90 shall be waived as detachment would deprive the residents of the Town of a service needed to ensure their health, safety and welfare. Upon incorporation of the Town, any taxes, fees, assessments and charges imposed by CSA EM-1 shall continue to be imposed in the areas 3 becoming part of the new Town at the same rate and manner as under the County and the existing zone of the County Service Area shall continue. 4.2 CSA L-100: The automatic detachment of Town property from CSA L-100 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within those portions of CSA L-100 that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to those portions of CSA L-100 that exist within Area 1 or made on behalf of those portions of CSA L-100 that exist within Area 1 during Fiscal Year 2008-2009 and during the Transition Period. At the end of the Transition Period, all unencumbered funds of those portions of CSA L-100 that exist within Area 1, including cash on hand and monies due but uncollected, and any obligations of those portions of CSA L-100 that exist within Area 1, shall be divided between the Town and the CSA L-100 in proportion to the area remaining in the unincorporated area and the area within the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.3 CSA_M-30: The automatic detachment of Town property from CSA M-30 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within CSA M-30 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to CSA M-30 or made on behalf of CSA M-30 during fiscal year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of CSA M-30, including cash on hand and monies due but uncollected, and any obligations of the CSA M-30 shall be transferred to the new Town. Further, at the end of the Transition Period the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.4 CSA P-2 Zone B): The automatic detachment of Town property from CSA P-2 (Zone B) as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within those portions of CSA P-2 (Zone B) that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to those portions of CSA P-2 (Zone B) that exist within Area 1 or made on behalf of those portions of CSA P-2 (Zone B) that exist within Area 1 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of those portions of CSA P-2 (Zone B) that exist within Area 1, including cash on hand and monies due but uncollected, and any obligations of those portions of CSA P-2 (Zone B) that exist within Area 1 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.5 CSA P-5: The automatic detachment of Town property from CSA P-5 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County. within CSA P-5 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to CSA P-5 or made on behalf of CSA P-5 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of CSA P-5, including cash on hand and monies due but uncollected, and any obligations of CSA P-5 shall be transferred to the new Town. Further, at the end of the Transition Period,the authority to collect assessments or fees shall pass to the new Town. 4 4.6 CSA P-6: The automatic detachment of Town property from CSA P-6 as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within those portions of CSA P-6 that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to those portions of CSA P-6 that exist within Area 1 or made on behalf of those portions of CSA P-6 that exist within Area 1 during Fiscal Year 2008-2009 and during the Transition Period. At the end of.the Transition Period, the balances of the CSA P-6 accounts for the existing zones of the new Town Area shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.7 CSA R-7A: The automatic detachment of Town property from CSA R-7A as required by Government Code section 25210.90 shall be waived until the last day of the Transition Period. Services provided by the County within CSA R-7A shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to CSA R-7A or made on behalf of CSA R-7A during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of CSA R-7A, including cash on hand and monies due but uncollected, and any obligations of CSA R-7A shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.8 LL-2 Benefit Zone 36: The Countywide Landscaping District LL-2 Benefit Zone 36 (Alamo Area) will detach from the County on the last day of the Transition Period. Services provided by the County within LL-2 Zone 36 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to LL-2 Zone 36 or made on behalf of LL-2 Zone 36 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of LL-2 Zone 36, including cash on hand and monies due but uncollected, and any obligations of LL-2 Zone 36 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.8 LL-2 Benefit Zone 45: The Countywide Landscaping District LL-2 Benefit Zone 45 (Alamo Villas), will detach from the County on the last day of the Transition Period. Services provided by the County within LL-2 Zone 45 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to LL-2 Zone 45 or made on behalf of LL-2 Zone 45 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of LL-2 Zone 45, including cash on hand and monies due but uncollected, and any obligations of LL-2 Zone 45 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.9 LL-2 Benefit Zone 54: The Countywide Landscaping District LL-2 Benefit Zone 54 (Alamo Country Sub-Divisions 7601 and 7818) will detach from the County on the last day of the Transition Period. Services provided by the County within LL-2 Zone 54 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses shall be charged to LL-2 Zone 54 or made on behalf of LL-2 Zone 5 54 during Fiscal Year 2008-2009 and during the Transition Period. On the last day of the Transition Period, all unencumbered funds of LL-2 Zone 54, including cash on hand and monies due but uncollected, and any obligations of LL-2 Zone 54 shall be transferred to the new Town. Further, at the end of the Transition Period, the authority to collect assessments or fees for street lighting shall pass to the new Town. 4.10 Stormwater Utility Area 17: Those portions of Stormwater Utility Area 17 that exist within Area 1 will detach from the County on the last day of the Transition Period. Services provided by the County to those portions of Stormwater Utility Area 17 that exist within Area 1 shall continue at the same level during Fiscal Year 2008-2009 and during the Transition Period. No unusual or extraordinary expenses, except those which may be incurred due to obligations to the Clean Water Program or that result from the orders of the Regional Water Quality Control Board, shall be charged to those portions of Stormwater Utility Area 17 that exist within Area 1 or made on behalf of those portions of Stormwater Utility Area 17 that exist with Area 1 during Fiscal Year 2008-2009 and during the Transition Period. At the end of the Transition Period, all unencumbered funds of those portions of Stormwater Utility Area 17 that exist within Area 1, including cash on hand and monies due but uncollected, and any obligations of those portions of Stornwater Utility Area 1 that exist within Area 1, shall be divided between the Town and the Stormwater Utility Area 17 in proportion to the area remaining in the unincorporated area and the area within the new Town. 4.11 Alamo Area of Benefit Fund: The Alamo Area of Benefit Fund (Traffic Fee) shall be transferred to the Town as of the Effective Date. No unusual or extraordinary expenses shall be charged to the Alamo Area of Benefit Fund during Fiscal Year 2008-2009. The Town Council shall have the right to review expenditures made from the Alamo Area of Benefit Fund during Fiscal Year 2008-2009 and request reimbursement of the Fund by the County if unusual or extraordinary expenditures are found. Further, the authority to collect assessments or fees shall pass to the new Town on the Effective Date. 5.0 REVENUE NEUTRALITY PAYMENTS. 5.1 Total General Fund Obligation: The Town shall pay the County a total of $3 million in revenue neutrality payments. This total revenue neutrality obligation is based on an annual County deficit amount of$572,757, as calculated in the CFA. 5.1.1 Source of Payment: The Town will make a lump sum payment of$3 million to the County. It is anticipated that these funds will come from Town General Fund accumulated reserves. 5.1.2 Payment Schedule: The Town shall pay the County the entire amount of the lump sum payment no later than June 30, 2019. 5.1.3 Pre-payment: The Town may pre-pay any amount due under this Agreement on terms mutually agreed upon by the Town and County. 5.2 Total Road Funds Obligation: The Town agrees to waive Revenue Neutrality payments from the County's Road Fund of$310,570, as calculated in the CFA. 5.3 Town Appropriation: The Town shall appropriate on an annual basis sufficient funds to meet its obligations under this Agreement. The County and the Town, upon incorporation, 6 shall negotiate and execute any additional legal documents necessary to implement this Agreement and, if required, to affect a direct transfer of payments due hereunder. A direct transfer is a transfer from either the State Board of Equalization or the County Auditor- Controller to the County without the necessity of an intermediate transfer to the Town. Until an Agreement for direct transfer of such funds is completed, the Town Council shall appropriate on an annual basis sufficient funds to meet its obligations hereunder. 5.4 Refunding the First Year Costs: 5.4.1 In Fiscal Year 2010/11, the County will pay from the General Fund the net credit for costs of general. fund services provided to the Town during the Transition Period (approximately $274,000). In the unlikely event that the actual net of revenues received by the County minus service costs paid by the County reflects a net cost, the Town will pay the County the net cost within five (5) years of June 30, 2009. 5.4.2 The County waives reimbursement by the Town for the net cost of providing road and traffic signal maintenance to the Town during the Transition Period. The net cost of providing such services will be paid by the County's Road Fund (approximately $283,000). 5.4.3 In Fiscal Year 2010/11, the County, using Park Funds, will pay the net credit for costs of park services to the Town (approximately $398,000) during the Transition Period. 6.0 DEFAULTS'AND REMEDIES 6.1 Events of Default. A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: 6.1.1 One party to this Agreement is proven to have knowingly made a material false representation to the other. 6.1.2 The County fails to provide the services provided for in Section 3 of this Agreement. 6.1.3 The Town or County fails to make any payment due hereunder. 6.1.4 Any other act or omission by Town or County which materially interferes with the terms of this Agreement. 6.2 Procedure upon Default 6.2.1 In General. This Paragraph 6.2 establishes the exclusive process by which disputes between the parties to this Agreement concerning or relating to this Agreement shall be resolved. The dispute resolution process established herein shall apply to disputes related to the interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement. Disputes that are not alleged to relate to the interpretation of, or compliance with, this Agreement are not subject to this dispute resolution process. 7 6.2.2 Notice of Default. Upon the occurrence of an event of default by the other party, the aggrieved party shall provide the other party with thirty (30) days written notice specifying the nature of the alleged default and, when appropriate, the manner in which the default may be satisfactorily cured. In the event that the default cannot be cured within the thirty (30) day cure period, but is subject to cure within a longer period of time, the defaulting party shall be deemed not to remain in default if it commences to cure within such thirty (30) day cure period and diligently prosecutes such cure to completion. Failure or delay in giving notice of default shall not constitute a waiver of default. 6.2.3 Default By In the event of the Town's uncured default of its obligations to make any payment due hereunder, the County may order the County Auditor to retain in a segregated escrow account for the benefit of the Town any funds on hand due the Town pending resolution of the default. If the escrowed amounts are sufficient to cover the costs of payments due, the County will continue to provide all services due hereunder, pending cure or resolution of the default by judicial order or other means. The funds in escrow will not be released to the Town until the County has been reimbursed for all services provided. In addition, upon default by the Town, at the option of County, the entire amount of all revenue transfers due to County hereunder shall become immediately due and payable without diligence, demand or presentment, protest or notice of any kind. 6.2.5 Informal Conferral. If a dispute arises as described above in Paragraph 6.2.1, the Town and the County will first attempt to resolve it through informal discussions, which may include designated representatives of the staff of the County or the Town, at their discretion. The Town and County will coordinate the date, time and location of informal conferral. 6.2.6 Mediation. In the event a dispute cannot be resolved through informal conferral within twenty-one (21) calendar days, the aggrieved party, acting through its governing body, shall give written notice to the other party to this Agreement, setting forth the nature of and basis for the dispute and facts demonstrating that the aggrieved party is materially and adversely affected thereby and requesting mediation. The County and the Town, acting through their designated representatives, including counsel, shall endeavor to settle the dispute by mediation. The County and the Town shall select a neutral third party to mediate the dispute. 6.2.7 Judicial Review. If the dispute cannot be resolved by mediation, either party may terminate this Agreement or proceed to judicial review, as described herein. The dispute resolution process described above shall be undertaken in good faith and exhausted prior to resort to judicial review; provided, however, that by agreeing to this dispute resolution process, no party hereby loses or waives its right to sue under any applicable statute of limitations or loses or waives its right to assert the operation of any applicable statute of limitations as an affirmative defense. In the event that an applicable statute of limitations would run during the pendency of the dispute resolution process described above, the County and Town shall agree in writing to toll such statute of limitations for such period as may reasonably be necessary to complete the dispute resolution process, but in no event shall such statute of limitations be tolled for more than ninety (90) calendar days. The obligations of the parties to this Agreement shall be enforceable only by specific performance or other equitable relief. 8 6.2.8 Conduct of Judicial Review. Should any Partyto this Agreement ultimately seek judicial review of a dispute concerning or relating to the implementation, interpretation or enforcement of, or compliance with, the terms and provisions of this Agreement, the Town and County will submit to the jurisdiction of a court of competent jurisdiction; provided, however, that the parties shall cooperate in seeking the appointment of a neutral Judge as defined in California Code of Civil Procedure section 394 to sit in Contra Costa County Superior Court, to preside over any such dispute. 7.0 AMENDMENTS 7.1 Mutual Agreement. This Agreement may be modified or amended by written agreement executed by the Town and Contra Costa County, Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. 7.2 Neizotiation of Amendments. The parties acknowledge that circumstances may arise which may call for or require mutual good faith negotiations for the amendment of this Agreement. Without limitation due to enumeration, the parties agree to meet and confer regarding the possible mutual amendment of this Agreement within 30 days of the written notice by one party to the other party of the occurrence of one or more of the following: 7.2.1 The passage of a statute or issuance of a legislative or executive order from a federal, state or local governmental entity that materially alters the manner in which revenues to the Town or County are paid or allocated. 7.2.2 Unanticipated loss of revenue to the Town or County by circumstances outside of that entity's jurisdictional control, other than statute or Legislative or Executive Order,that materially alters either party's anticipated revenue or materially increases services costs over those anticipated in this Agreement or in the CFA. 7.2.3 Natural disasters that materially destroy Town or County infrastructure to the extent that the County's ability to provide services or the Town's ability to make payments would be materially impaired. 7.2.4 The discovery by the Town or the County of any error or,omission in the data utilized for development of the CFA and this Agreement that materially affects the basis for the amount of payments due hereunder, or the projection of future revenues and or costs on which the payment schedule was based. Such errors are limited to base assumptions and inputs provided by the County and specifically exclude challenges to forecasting methods and assumptions used by LAFCO and its consultant in preparing the CFA. 7.3 Upon receipt of such written notice, the parties shall, within 30 days, hold at least one meeting to negotiate in good faith a mutual amendment of this Agreement. However, nothing contained herein shall require the mutual amendment of this Agreement or authorizes the unilateral amendment hereof. 7.4 In the event the CFA upon which this Agreement is modified or revised, the parties agree to amend this Agreement based on the modified or revised CFA. 9 8.0 MISCELLANEOUS PROVISIONS. 8.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive. 8.2 Entire Agreement, Waivers, and Recorded Statement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the matters set forth in this Agreement. This Agreement supersedes all negotiations or previous agreements between the County, the Committee, and the Town respecting this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the County, and the Town. 8.3 No Personal Liability of Part of Chief Petitioners. Chief Petitioners are executing this Agreement in a representative capacity on behalf of the new Town, yet to be formed. Nothing herein shall create any personal liability on the part of the Chief Petitioners with regard to any obligations hereunder. 8.4 No Third Party Beneficiaries. This Agreement is not enforceable by or for the benefit of, and shall create no obligation to any person or entity other than the parties (i.e., County and Town) hereto and their permitted successors, assigns and legal representatives. 8.5 Incorporation of Recitals. The recitals set forth in Section 1.0 of this Agreement are part of this Agreement. 8.6 Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this Agreement. 8.7 Consent. Where the consent or approval of the County, or the Town is required in or necessary under this Agreement, the consent or approval shall not be unreasonable withheld, delayed or conditioned. 8.8 Covenant of Cooperation. The County, and the Town shall cooperate and deal with each in good faith, and assist each other in the performance of the provisions of this Agreement. 8.9 Recording. The Clerk of the Board of Supervisors shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Contra Costa County, California, within 10 days following the Effective Date. 8.10 Delay, Extension of Time for Performance. In addition to any specific provision of this Agreement, performance by either the County or the Town of its obligations hereunder shall be excused, and the term of this Agreement extended, during any period of delay caused at any time by reason of any event beyond the control of County or the Town which prevents 'or delays performance by the County or the Town of obligations under this Agreement, including but not limited to, acts of God, enactment of new conflicting Federal or State laws or regulations, judicial actions such as the issuance of restraining orders and injunctions, riots, strikes, or damage to work in process by reason of fire, floods, earthquake, or other such casualties. If the County or the Town seeks excuse from performance, it shall provide written notice of such delay to the other within thirty (30) days of the commencement of such delay. If the delay or default is beyond the control of the County or the Town and is excused, an 10 extension of time for such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 8.11 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 8.12 Time of Essence. Time is of the essence 'in the performance of the provisions of this Agreement as to which time is an element. 8.13 Counterparts. This Agreement may be executed and acknowledged in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement, binding on the parties hereto. 8.14 Notices. Any notice, demand or request that either party,hereto may, or is required to give to the other, shall be in writing and shall be deemed to have been received three days after being deposited in the U.S. Mail. Mail directed to the County shall be addressed to the County Administrator and mail directed to the Town shall be addressed to the Town Manager. 8.15 Drafting. The parties fully participated in negotiating the terms and conditions of this Agreement. In any action over this Agreement, it shall not be construed in favor of or against the drafting party. 8.16 Review. Parties acknowledge that this document has been reviewed and approved by their respective legal counsel or hereby waive that right. Failure by one party to obtain legal review shall not be used in any action against the other party. 11 CHIEF PETITIONERS CHIEF PETITIONERS By: By: (Title) ATTEST: ATTEST: Date: Date: CHIEF PETITIONERS COUNTY OF CONTRA COSTA By: By: (Title) ATTEST: ATTEST: Date: Date: APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY 12 REQUEST TO SPEAK FORM Q Minute Limit) I wish to speak on Agenda Item#: Complete this form acid place it in the upright box near the Date: LL speaker's podium,and wait to be called by the Chair. My comments will be: ❑ General Persotial hifortitatiott is aptioml. This speaker's card will be incorporated into the public record of this neetitig. PV For Name(PRINT): E, (g, i / ❑ `Against To ensure your name is announced correctly,you may wmrrto include ris pl:o,etic spelling // ❑_ .I wish to speak on the subject of.- Address: f:Address: 7�, r ��� ��1AA, M 3,e 11 uk1 e City: Phone: — I am speaking for: Myself ❑ Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (Use the back of tris forst) REQUEST TO SPEAK FORM (3 Minute Limit). I wish to speak on Agenda Item#: S�)a � Complete this fiorm and place it in the upright box near the Date: /-Z� C Q speaker's podium,and wait to be called by the Chair. —� My comments will be: ❑ General Personal information is optional. This speaker's card will be incorporated into the public record of thhis/nteeting. Boor Name(PRINT): 1.1:y4fl 111- / CY ❑ Against To ensure your name is announced correctly,you nray want to include its phonetic spelling I wish to speak on the subject of: Address: City: .�Zy//vz,( `V� CO-Nf)tl Phone: I am speaking for:. ❑ Myself ❑ I do not want to speak but would like to [Organization: leave comments for the Board to consider (Use the back of this form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Aeenda Item •S Complete this form and place it in.the upright box near the Date: �� d speaker's podium, and wait to be called by the Chair. My comments will be: ❑ General Personal it formation is optional. This speaker's card will be incorporated into the public record of this meeting: For Name(PRINT): ✓ -kj-; V /- I G' ❑ Against To ensure your name is announced correctly,you stay watt to include its phonetic speUibg I wish to speak on the subject of: Address: /, L- � 5 Q N��� �R 1 U� City: 141171D Phone: y` `. O / G1 q 0. I am speaking for: ❑ Myself W Organization: AAI(d ❑ I do not want to speak but would like to �������OP" Al�f- �-2 leave comments for the Board to consider (Use the back of this form) REQUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Asenda Item#:!!�2 a� Complete this form and place it in the upright box near the Date: speaker's podium,and wait'to be called by the Chair. My comments wi 1 be: ❑ General Personal irtforntation is optional. This speaker's card will be incorporated into the public record of this imeeet"iink. A'For Name(PRINT): �nllud, a�� TElAgainst To erasure your name is a►anoanced coirectly,you may want to its phonetic spelling ❑ I wish to speak on the subject of Address: City: Phone: (��-���� I am speaking for:, ❑ 'Myself „! Organization: ❑ I do not want to speak but would like to leave comments for the Board to consider (Use the back of this fornt)