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HomeMy WebLinkAboutRESOLUTIONS - 10131998 - 98/175• RESOLUTION NO. 98-175 A RESOLUTION OF APPLICA nON OF 1HE CITY COUNCIL OF 1HE CITY OF BRENTWOOD FOR THE (1) CREAnON OF A SUBSIDIARY DISTRICT COMPOSED OF 1HE CITY AND THE BRENTWOOD RECREA nON AND PARK DISTRICT AND (2) 1HE MERGER OF 1HE NEWLY CREATED SUBSIDIARY DISTRICT INTO 1HE CITY WHEREAS, the Legislature has found"that a single, governmental agency, rather than several limited purpose agencies, is in many cases better able to assess and be accountable for community service needs and financial resources and, therefore, is the best mechanism for establishing community service priorities" (Government Code section 56001); and WHEREAS, the City of Brentwood and the Brentwood Recreation and Park District propose that the City be the single governmental agency to serve the park and recreation needs of the Brentwood community; and WHEREAS, this Resolution initiates proceedings pursuant to the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code section 56000 et seq.) for the creation of a subsidiary district and merger of that district into the City and to safeguard the existing and future property tax allocation for these park and recreational purposes; and WHEREAS, notice of intent to adopt this resolution of application has been given pursuant to Government Code section 56800(b) to each interested agency; and a public hearing has been duly noticed and conducted in accordance with Government Code section 56801; and WHEREAS, the territory proposed to be reorganized into a subsidiary district and then merged into the City is inhabited and a description of the boundaries of the tenitory is set forth in Exhibit A attached hereto; and WHEREAS, a parks and recreation district is a district of limited powers and as such, may be established as a subsidiary district of a city (Government Code sections 56117,56037); and WHEREAS, a subsidiary district of the City may be merged or integrated directly into the City (Government Code section 57087.3); and WHEREAS, this Resolution of application is intended to effectuate a reorganization of these two changes of organization in a single proposal (Government Code section 56073); and WHEREAS, the Brentwood Recreation and Park District's board of directors have consented to the proposed reorganization; and WHEREAS, the reasons for the proposed reorganization are that the City's 1993 General Plan anticipates the integration of the Brentwood Recreation and Park District into the City (Policy 1.7.1). The District and the City mutually agree that it is more efficient to combine the myriad of park and recreational services the District and City currently provide into the City so that park development, maintenance and funding and recreational scheduling and operations are more responsive to the needs of the community; and WHEREAS, the City and District have agreed upon a Statement of Principles attached hereto as Exhibit B to guide the reorganization. A future ordinance will be adopted by the City governing the new city park and recreation department; and WHEREAS, the plan for services required by Government Code sections 56800 and 56653 is attached to this resolution as Exhibit C. The plan includes: • an enumeration and description of the services to be provided; • an indication of the level and range of the services; • an indication of when the services can feasibly be extended to the covered area; • an indication of required improvements, upgrading or other conditions the local agency would impose or require within the affected territory if the organization change is completed; and • information regarding how the services will be financed; and WHEREAS, preserving and protecting the existing and future Recreation and Park District ad valorem tax allocation is a primary need of the City and the District in connection with this reorganization; and WHEREAS, Government Code section 57087.3 provides that the tax allocation requirements of Revenue and TaXation code sections 99 and 99.1 will not apply where a subsidiary district of which the city council is the board of directors merges with the city, if the city continues to provide the subsidiary's district's services to areas outside the city but within the district at the same levels as provided within the city and assumes all the district's assets, liabilities and revenues; and WHEREAS, Revenue and Taxation Code section 96.15 provides that where a "qualifying city" becomes the successor agency to a special district as a result of a Government Code section 57087.3 merger, the auditor is required to allocate to the city (in addition to any other amount of ad valorem property tax revenue required to be allocated to the city pursuant to the chapter), the amount of ad valorem property tax revenue that otherwise would be allocated to the special district under the law; and WHEREAS, this applicatibn therefore proposes the creation of a subsidiary district (Government Code section 56078) and the immediate merger of that newly created subsidiary district into the City (Government Code section 56056); and WHEREAS, the City Council certifies that CEQA does not apply to the adoption of this Resolution pursuant to Section 15320 of the State CEQA Guidelines exempting reorganizations of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised; and WHEREAS, the proposal is consistent with the spheres of influence of the City and District and the City's General Plan; and WHEREAS, the City Council has considered the information provided to it by those testifying, and has reviewed and considered the information provided in the staff report and staff presentation and has read and considered the evidence; WHEREAS, the City and District mutually agree that LAFCO may condition the approval of this proposal by requiring the City to exclusively utilize the property tax allocation it will annually receive (that portion of property taxes heretofore allocated to the District) for park and recreational services to the community included within the District and City spheres of influence, as may be amended. WHEREAS, the existing 5 employees of the District shall become City employees upon the effective date the proposal is approved by the County. To the extent allowed by law and the City's benefit providers, their years of service to the District shall be recognized by the City with respect to eligibility for City benefits, excluding compensation. Notwithstanding the above, the District employees are subject to the same procedures, terms, and conditions provided to new City personnel. NOW, THEREFORE, THE CITY COUNCIL OF BRENTWOOD DOES ADOPT AND APPROVE this Resolution of Application, and the Local Agency Formation Commission of Contra Costa County is hereby requested to undertake proceedings for the creation of a subsidiary district and merger of that district into the City according to the terms and conditions stated above and in the manner provided by the Cortese-Knox Local Government Reorganization Act of 1985. BE IT FURTHER RESOLVED that the City Clerk transmit a certified copy of this Resolution to LAFCO and cause a Notice of Exemption under CEQA to be recorded in the County Recorder's office. APPROVED AND ADOPTED THIS \0~ day of ~-~998. CERTIFICAnON: I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Brentwood at a regular meeting thereof, held on the 13th day of October, 1998, by the following vote of Council: AYES: Councilmembers Kidd, Guise, and Vice-Mayor McPoland NOES: None. ABSENT: Mayor Morrill and Councilmemher Petrovich ABSTAIN: None. __ ,~-J-;"'~";'''''-:­-! ~'28 .y":. I :-.t ; =:. 27 ~ • r • ~'~.= '~. l&. ~ "-..'~..... I { •··..Eei~':--'·C~ .. ::..,. 1 ~ ,_."..... , .. -:. c.~~., ....iO: .-;..l ...... -~1·,tI.. \ ".~.... ; ....:-" """"~i'iiCLi'"+-=--r==rtr··;"~~~~..... •• ~,:~..; •.:,~l.... '-.~:.~'.D"~.~.:.. V'_ "J' ~''''',:,:.o ........ ~~~.~ .. ......~;~!.. .1' • .Ill J .-....­ .,t : • ',.c• ' It: :'3.: • ! ---'. ~.. -.... __:.,:k ..._:;;... w .. L·;·.,.... , ,i.. "J ......M-:C,. ~8 " .. , ..•it,.-'C/ II~ ...... ~ 29 U i -·•• ~~:-=::'e.::j25 ~~' . ',_ '''''::.' :~'!: =__.. ~.,~:.·~·:c i': ==t .• ::~~ ....... <.~--II r-~~ ...... ""~:. !~:-.:-.... ~ ... 1!! t •.• _ ..-1 ••;.{~\,-­ BRENTWOOD' REC 8 PARK DI ST --~-----4-+n-~...."......--=:;;==-----· \i' '~~i!.•• I' i: '\,::: ~:-_'c '.,.~ .. ,.I:==-_.-..•r·-_-.II.-;c­... ... :-:: ..­... -c..... ... .e """,,-,'t ' .. .e -----~,xlc.."•• ".,.:-­=~":':~ K~I.lII"'; ~~-:-:~' '........~ ..~ ~:-.: -:.~ p"n. II Il.loCOoU' : --:::~. ••F . _".'4~' ".,;::..~: -!; _..~-: ~..=-;'-~ .. ­ ,. '\i-·f."':..&(". ~!.. '. "';.. ~ ':"S,.! Z"'2£2NJE)..'_ e.-" All....., .. .~_ .. ..... -­v L L ....... . }: '. 1 / .~n .......... .." ........ .... ;\ llO---jIll_1III!I d -. '.~­....... -"1'1'-. I .. 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I , ..• ......., I" • • .I. <C :: .: ~~ ~; ~ .. 20 "".e • e •• j ~ .,......'., . ........" ST ATEMENT OF PRINCIPLES FOR THE INTEGRATION OF THE BRENT\VOOD RECREATION AND PARK DISTRICT INTO THE CITY OF BRENTWOOD 1. The organization approach preferred is the Subsidiary District Model as outlined in Government Code Section 56801. , 2. The top goal is the protection of the existing Recreation and Park ad valorem1999 -This will not exceed $537,032. 3. This new approach shall continue the commitment to provide services to all geographical areas that presently exist within the existing boundaries of the Recreation and Park District. (As long as the District/City receives taxes from an area we should serve it). 4. All presently owned properties owned by the Recreation and Park District (primarily City Park) would be integrated into the total City Park Program and integrated into the overall Park Maintenance and Management Program. 5. All existing District vehicles and equipment would be integrated into the City's Park Inventory. 6. The existing Board of Directors of the District would become the Commissioners for the newly created City Park Board. All Commissioners would be appointed by the City Council to terms to be defined in the n.lture Park Ordinance. 7. Eligibility to serve as a Park and Recreation Commissioner will include anyone who lives within any part of the existing boundaries of the Park District. 8. The Park and Recreation Commission would annually develop a budget and work plan that would be submitted to the City Council as a part of the Annual City Budget process. 9. All existing District staff (5) would be integrated into the City's New Parks and Recreation Department and be eligible for the same benefits all City Employees receive. 10. All existing District Financial, Human Resource, Purchasing, Maintenance and Operations Policies would come within the City of Brentwood's policies. g:\work\admin\cty-mgr\\\-pfiles\lists\park&rec.doc EXHIBIT "C" PLAN FOR SERVICES • Enumerate and describe the services to be provided. The attached falVwinter courses brochure provides a detailed breakdown of the services provided by the Brentwood Recreation & Park District. The attached Park Implementation Plan approved by the City Council on May 26, 1998 outlining the details of the new Park Development Program. This merger proposal brings the experience and knowledge of the District together with evolving new park development program of the City to help use and maintain these park facilities to the maximum benefit of the Brentwood community. • Indicate the level and range of services. The attached materials provide details in who is served by the recreation program and where the various park facilities are located. • Indicate when services are feasibly extended to cover the area. Existing recreation opportunities will continue to grow as the population and resources of the District and City grow. A new parks are built in the next five years, recreational opportunities will be extended to them. They will be available for use by all residents. • Indicate any required improvements upgrading or other conditions the local agency would impose or require within the affected territory if the organization change is completed. None specific. The City is developing through development fees a number or community and neighborhood parks as proposed in the City's Master Park Plan. This proposal seeks to bring together two separate entities to maximize a more efficient use of fiscal resources and a better use of existing District and City staff. This is more of an administrative integration than a merger to provide extra services to the boundaries of the new District. • Information and Finance. Memorandum attached from Anita Jones regarding the finances. Staff report attached on the Park Implementation Program. . . . _.".