HomeMy WebLinkAboutMINUTES - 12011998 - C194 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 1, 1998, by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Oakley-Declaring } RESOLUTION NO. 98/602
Election Results and )
Confirming Order of ) (Gov. Code §§ 57175, 57176, 57178 & 57200(a).)
Incorporation. )
}
The Board of Supervisors of Contra Costa County RESOLVES and ORDERS that:
1. On July 28, 1998, this Board adopted Resolution No. 98/390, ordering the proposed
incorporation of the City of Oakley(LAFC 97-17), subject to confirmation by the involved
area's voters. Exhibit 2 to Resolution No. 98/390 included the ballot measures to be presented
to the voters at the November 3, 1998 general election.
2. On November 3, 1998,the involved Oakley area voters approved the proposed
incorporation and that members of the Oakley City Council in future elections be elected by
district and not at large. As indicated in the canvass of incorporation election returns filed with
this Board by the County Clerk(Registrar),the results of the votes cast on Resolution No.
98/390's ballot measures are as set forth in Exhibit"A" attached hereto.
3. This Board hereby confirms its Resolution Order No. 98/390 providing for the City of
Oakley incorporation which was approved by the involved area's voters on November 3, 1998,
4. In connection with this Resolution confirming the Board's above-noted earlier
Resolution No. 98/390 and order of incorporation, the following is provided:
(a)The subject incorporated area is a new city to be known as the City of Oakley.
(b)The five persons receiving the highest number of votes cast for the office of
Oakley City Council member are hereby declared elected to that office. The names of the five
elected city council members and the vote cast for each one follow:
Names VQtes Fo
(1) Pat Anderson 2,858
(2) Brad Nix 2,818
(3) Tinker Vanek 2,714
(4) Jeff Huffaker 2,581
(5) Carol Rios 2,315
(c)The voters have favored and established the system of electing council
members by district.
5. The Clerk of this Board shall cause a certified copy of this Resolution confirming the
above-noted earlier Resolution No. 98/390's order of incorporation to be filed with the LAFCO
Executive Officer together with a remittance to cover the fees required by Government Code
section 54902.5.
RESOLUTION 98/ 602 1
NOW, THEREFORE, the Local Agency Formation Commission of the County of
Contra Costa DOES HEREBY RESOLVE, DETERMINE, ORDER AND FIND as
follows:
1. The Initial Study and Negative Declaration have been considered by the
Commission, along with all comments thereon. In the exercise of its independent
judgment, the Commission hereby finds that there is no substantial evidence that
the project will have a significant effect on the environment and, therefore, adopts
and approves the Negative Declaration. The Executive Officer is instructed to file
the appropriate Notice of Determination with the County Clerk within five days of
adoption of this resolution. The Executive Officer shall be the custodian of the
record of all proceedings and papers regarding environmental review and upon
which the Negative Declaration is based.
2. The distinctive short-form designation of this proposal is: "Incorporation of the
City of Oakley (LAFC 97-17)";
3. The proposed city shall be named the "City of Oakley"
4. The boundaries 'of the proposed city are set forth in Exhibit"A" attached hereto
and made a part hereof; further, the sphere of influence boundary is hereby
established for said city to be coterminous with the approved boundaries, and the
proposed new city contains approximately 14.7 square miles of territory. Upon
incorporation, the approximately one square mile area located east of highway
160, which is currently within the sphere of influence of the City of Antioch, shall
be removed from said sphere and become a part of the new City of Oakley and its
sphere.
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5. The effective date of incorporation shall be July 1, 1999, and the election on
the question of incorporation shall be November 3, 1998.
6. Pursuant to Government Code Section 36501, the City shall be governed by a
City Council which consists of five city council members elected at large from
throughout the City in the incorporation election of November 3, 1998. In
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accoance with Government Code Section 36801, the elected City Council
members shall chose a mayor from among themselves at the first City Council
meeting. Pursuant to Government Code Sections 36801-36803, the mayor will
have the same powers as other councilmembers, but shall preside over Council
meetings.
7, Pursuant to the incorporation petition filed with this Commission and
Government Code Section 56702, the city manager is to be appointed by the
elected City Council.
8, Pursuant to Government Code Sections 36511, the City Council shall appoint
the City Treasurer and City Clerk.
9. Pursuant to Government Code Section 57101(b), the election on the question
of incorporation shall also present the question of whether members of the City
Council in future elections shall be elected at large or from five districts. Further,
in accordance with Government Code Section 57377:
a) The three members elected with the lowest votes shall hold office until the
first general municipal election held in the new City after July 1, 1999 and until
their successors are elected and qualified. Thereafter terms of office shall be
four years.
b) The two members elected with the highest votes shall hold office until the
second general municipal election held in the new City after July 1, 1999 and
until their successors are elected and qualified. Thereafter terms of office shall
be four years.
Provided, however, that if the voters approve election by districts, the procedure of
Government Code Section 34884(a) shall apply for the establishment of districts
and, pursuant to Government Code Section 34884(b)+(c):
a) The terms of office of the two members elected with the lowest vote shall
expire on the Tuesday succeeding the first regular municipal election held
in the new City after July 1, 1999 and, at that election, members shall be
elected by district in the even-numbered districts and shall hold office for
four years; and
b) The terms of office of the three members elected with the highest vote
shall expire on the Tuesday succeeding the second regular municipal
election held in the new City after July 1, 1999 and, at that election,
members shall be elected by district in the odd-numbered districts and
shall hold office for four years.
10. The territory of the proposed incorporation is inhabited and contains a
population of approximately 21,237 residents and 12,081 registered voters as of
fiscal year 1990197.
11. The assessed value for property tax purposes within the area of the proposed
incorporation is approximately one billion dollars as of fiscal year 1996/97.
12. No existing bonded indebtedness or obligation for payment of principal and
interest on indebtedness will be affected by the incorporation of Oakley. Property
within the incorporation boundaries shall continue to be liable for any existing
bonded debt.
13. Pursuant to Government Code Section 56375.1(a), the Commission finds that
incorporation of the City of Oakley is consistent with the intent of the Cortese Knox
Local Government Reorganization Act of 1985 including, but not limited to, the
policies of Sections 56001, 56300, 56301 and 58377.
14. Pursuant to Government Code Section 56375.1(b), the Commission declares
that it has reviewed the spheres of influence of all affected local agencies and
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finds that the incorporation is consistent with those spheres of influence, subject to
the change in the sphere of influence to the City of Antioch noted herein.
15. Pursuant to Government Code Section 56375.1(c), the Commission certifies
that it has reviewed the Comprehensive Fiscal Analysis prepared by the
Proponents under the direction of the Executive Officer. No State Controller's
report was requested or prepared.
16. Pursuant to Government Code Section 56375.1(d), the Commission certifies
that it has reviewed the Executive Officer's Reports and Recommendations on this
matter and all testimony presented at public hearings on this matter.
17. Pursuant to Government Code Sections 56375.1(e) and 56852.3, the
Commission finds that revenues projected for the new City are sufficient to cover
the projected costs of public services and facilities and maintain a reasonable
reserve during the three fiscal years following incorporation. This Commission has
reviewed and concurs generally with the Comprehensive Fiscal Analysis, which
analyzed the fiscal stability of the proposed City through 10 years following
incorporation and concluded that the City would maintain reasonable reserves
through year ten. This Commission accepts and adopts each of the findings and
recommendations made in the Executive Officer's Reports and Recommendations
and in the Comprehensive Fiscal Analysis on this matter. This Commission finds
that the City of Oakley is financially feasible and that the new City will be capable
of maintaining or improving the level of service now provided in the community.
18. Pursuant to Government Code Section 56845(b), this Commission finds 1)
that current revenues to the County, which fund services that will be provided by
the new City upon incorporation, are substantially equal to the expenditures
currently made by the County for the services to be provided by the new City upon
incorporation, and 2) that the approximate amount of current revenues which will
be lost by the County upon incorporation will be included in the revenues to be
received by the new City upon incorporation. Therefore, this Commission finds
that the effect of the incorporation on the County will be revenue neutral.
19. The Commission finds that dissolution of the portion of County Service Area
EMS-1 (emergency medical services) and County Service Area P-6 (extended
level police services) that would be in the new City would deprive the area of
services needed to ensure the health, safety or welfare of the residents of the area
and further finds that continuing County Service Area EMS-1 and County Service
Area P-6 would not affect the ability of the new City to provide any service. Upon
incorporation, any taxes, fees, assessments and charges imposed by CSA P-6
and CSA EMS-1 shall continue to be imposed in the Areas becoming part of the
City at the same rate and manner as under the County, and the existing zones of
both County Service Areas shall continue. Upon incorporation, the management
of the proceeds and the levying of any taxes, fees, assessments and charges
currently imposed by the County in the zones of CSA P-6 shall be accomplished
by the City, rather than the County, provided that the proceeds of any such taxes,
fees, assessments and charges shall continue to be used for the provision of
extended police services in the territory of the existing zones of CSA P-6. Upon
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incorporation, the balances of the CSA P-6 accounts for the existing zones of the
Oakley Area shall be transferred to the City.
20. if the incorporation is approved, County Service Area C-100 (street lighting)
shall be dissolved within the area of the new City, effective June 30, 2000, and all
unencumbered fund's of the Area, including cash on hand and monies due but
uncollected, and any obligations of the Area, shall be divided between the City and
the Area in proportion to the area remaining in the unincorporated area and the
area included within the new City. Further, upon dissolution, the authority to
collect assessments or fees for street lighting shall pass to the new City.
21. The amount of base property tax transferred to the new City from the County
pursuant to Government Code Section 56842 shall be $641,179, determined as
follows:
County aud'itor's ratio(Gov. C. Sec. 56842(c)(1)): 42.25%
Total net county cost of services to be transferred, as determined by this
Commission (Gov. C. Sec. 56842(c)(2)): $1,517,584
Calculation of County base property tax to be transferred to new City (Gov. C.
Sec. 56842(c)(3)):
42.25% X 51,517,584 = $641,179
22. Pursuant to Government Code 56842.6, the provisional appropriations limit for
the new City shall be $4,145,258, and the permanent appropriations limit shall be
proposed by the City Council and subject to approval of the voters at the first
municipal election following the first full fiscal year of operation.
23. Pursuant to Government Code 65865.3, project approvals and development
agreements issued by Contra Costa County prior to the effective date of
incorporation, including (but not limited to) those related to the Cypress Corridor,
shall be honored by the new City, subject only to modifications in the conditions of
approval that are necessary to reflect the change in jurisdiction.
24. Existing County ordinances shall remain in effect after incorporation for the
period specified in Government Code Section 57376. The County General Plan
and zoning ordinances shall continue in effect within the City boundaries until such
time as the City has adopted its own General Plan and zoning.
25. Business license taxes which are levied in the proposed incorporation area
shall continue to be levied by the City at the same rate and in the same manner
that they are collected by the County.
26. Real property transfer taxes which are levied in the proposed incorporation
area shall continue to be levied by the City at the same rate and in the same
manner that they are collected by the County.
27. Transient occupancy taxes which are levied in the proposed incorporation
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area shall continue to be levied by the City at the same rate and in the same
manner that they are collected by the County.
28. Sales and use taxes which are levied in the proposed incorporation area shall
continue to be levied by the City at the same rate and in the same manner that
they are collected by the County; provided, however, that the County shall receive
from the City's sales tax revenues the same percentage of sales tax as the County
receives from other cities in this County.
29. As provided by Government Code Section 57384(b), the new City shall repay
the County the net cost of services (as determined for fiscal 1996-7 in the amount
of $1,517,584) adjusted by the California Consumer Price index for fiscal 1997-8,
1998-9 and 1999-2000 (Gov. C. Sec. 56842(c)), as provided by the County during
the first fiscal year the new City exists (fiscal year 1999-2000) or until the City
council requests discontinuance of the services (whichever occurs first), less any
revenues fforn the incorporation area retained by the County after incorporation.
Such repayment shall be over 5 years, beginning in fiscal year 2000-01, with
interest charged on the balance remaining after each fiscal year at the County's
cost of funds for the year.
30. Under the terms and conditions specified in Exhibit B hereto, the County shall
transfer to the City the real property set forth in Exhibit B, such property being
directly associated with the provision of municipal services transferred from the
County to the new City, Other County property, including properties owned by the
County Redevelopment Agency, shall remain in County ownership, subject to any
applicable provisions of law that may govern any transfer.
31. To the extent that County-maintained trust accounts for road improvements
include funds from development impact or Area of Benefit fees derived from the
incorporation area, such amounts shall be transferred by the County to the City
within ISO days of the effective date of incorporation, subject to any relevant legal
restrictions. If any such trust accounts have a negative balance, the negative
balance shall be paid by the City to the County. The repayment schedule (times
and amounts for payment) for such negative balances shall be the same as would
be scheduled for payments to the trust fund if the area were to remain
unincorporated. In accordance with this condition, the negative fund balance of
$1,409,300 for road improvements in the Oakley Area of Benefit shall be paid to
the County as fees are collected by the Oakley Area of Benefit, in the same
manner as if the incorporation had not occurred; provided, however, that any
proceeds of the sale of property purchased with development impact or Area of
Benefit fees derived from the incorporation area shall be applied to reduce the
loan balance.
32. Upon incorporation, Quimby Act parkland funds derived from developments
that occurred within the incorporation area, including any balance on hand and the
right to any outstanding receivables, shall be transferred from the County to the
new City.
33, The portion of Lighting and Landscape District 2 within the new City, including
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any portions of zones therein, shall continue in existence but shall be governed by
the new City. The new City shall continue to levy any existing taxes, fees, charges
and assessments for said District at the same rate and in the same manner as
currently levied. All unencumbered funds of the District, including cash on hand
and monies due but uncollected, and any obligations of the District, shall be'
divided between the City and the District in proportion to the area remaining in the
unincorporated area and the area included within the new City.
34. To the extent authorized by law, upon the transfer of the County's Oakley Area
Redevelopment Agency to the new City,.the new City's Redevelopment Agency
shall continue the following pass-throughs, which are currently authorized under
the County's Oakley Area Redevelopment Agency:
I) Brentwood Elementary School District
2) Contra Costa County Mosquito Abatement District
3) East Bay Regional Park District
4) Contra Costa County Fire Protection District
5) County Office of Education
6) Antioch Unified School District
7) Oakley pinion School District
s) Liberty Fligh School District
Further, to the extent authorized by law, upon the transfer of the County's Oakley
Area Redevelopment Agency to the new City, the new City's Redevelopment
Agency shall pass-through to the following agencies such amounts as would be
required for such agencies under Health and Safety Code Section 33607.5'if the
City were starting its redevelopment agency ab initio:
1) Contra Costa County (General Fund)
2) Contra Costa County Water Conservation and flood Control District
3) Contra Costa County Water Agency
4) Contra Costa County Fire Protection District
5) County Library District/Fund
35. East County Regional Traffic impact Fees shall continue to be collected by the
new City at the same rate and in the same manner that they are currently
collected, with the proceeds being used for the same purposes as when the
County collected the fees.
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36. (a) To the extent authorized by law, upon incorporation the Contra Costa County Flood
Control and Water Conservation District shall continue to levy and collect, in the same manner as
presently done, the Storm Water Utility Assessments currently levied and collected by the
District. To the extent authorized by law, upon incorporation the City shall assume the rights and
responsibilities the County now has for proposing and managing the assessment and the provision
of services for the incorporation area, subject to applicable permits and law,
(b) To the extent authorized by law, upon incorporation the City shall support Contra
Costa Flood District approved drainage fee increases and other drainage area ordinance revisions
designed to repay any existing debts to the Flood Control District, Further, to the extent
authorized by law, drainage area fees shall continue to be collected by the new City for the
District in the same manner as the County presently does.
(c) To the extent authorized by law, the new City shall accept transfer of future District
rights of way and maintenance of completed drainage area storm drain improvements.
37. To the extent authorized by the Cortese-Knox Act and other applicable law,
and to the extent the conducting authority deems feasible in the incorporation
election, the vote on the proposed incorporation shall include a vote on the
provisions of this Resolution authorizing the imposition or continuation of any
current tax, fee, charge, or assessment and the establishment of the
appropriations limit for the new City.
38. The Contra Costa County Board of Supervisors is designated as Conducting
Authority for incorporation proceedings and said Board is authorized and directed
to conduct further proceedings in compliance with this resolution.
39. The Executive Of is hereby authorized and directed to mail certified copies
of this resolution as provided in Govemment Code Section 56853.
PASSED AND ADOPTED this 24th day of June 1998, by the following vote:
AYES: COMMISSIONERS CANCIAMILLA, GREENBERG, CORY, JAMESON, TATZIN,
UILKEMA AND McNAIR
NOES: NONE
ABSTAIN:Commissioner Meadows
hereby certify that this is a correct copy of a resolution passed and adopted by
this Commission on the date aforesaid.
Date:
Annarnaria Perrella, Executive Officer
Local Agency Formation Commission
Contra Costa County,California
Approved Description
Date: 6/10198 13y: Tim Aiello
(L.A.F.C.97.17)
PROPOSED INCORPORATION OF OAKLEY
EXHIBIT A
All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder
of Contra Costa County,State of California.
Beginning at the intersection of the southerly right-ot°way line of Wilbur Avenue with the westerly
right-or-way line of Bridgehead Road,said point being on tate easterly boundary of the City of Antioch;
thence along;said City of Antioch boundary in a general southerly direction to its intersection with the
southerly right-of-way line of tile Southern pacific Railroad;thence along said southerly line,continuing
along said City of Antioch boundary southeasterly to a point on the easterly right-of-way line of Empire
Avenue; thence leaving said City of Antioch boundary continuing along said railroad right-of-way
southeasterly to its intersection with the westerly extension of the southerly right-of-way litre of Neroly
Road; thence along said southerly right-of-way line of Neroly Road and its extension easterly to its
intersection with the southerly right-of-way line of Delta Road;thence easterly along said southerly line
to its intersection with ttte easterly right-of-way line of Sellers Avenue; thence northerly along said
easterly line to its intersection with the southerly right-of-way line of Cypress Road;thence easterly along
said southerly tiite to its intersection with the easterly right-of-way line of Jersey Island Load; thence
northerly along said easterly line to its intersection with the southerly line of Dutch Slough; thence
westerly along said southerly line to its intersection with the northerly right-of-way line of the Contra
Costa County Flood Control and Water Conservation District Flood Control Channel(5012 OR 314);
thence,along said right-o€-way westerly and southwesterly to the most northeasterly corner of the parcel
conveyed to the Oakley Bethel Island Wastewater Management Authority by Grant Deed recorded
December 20, 1991,in Book 17096 at Page 852 ofOfficial Records;thence along the north line of said
parcel North 56°17'46"West, 1,149.57 feet; thence North 78"35'47" West, 514.94 feet;thence South
07"4630"West 352.46 feet;thence North 88°18'11"West to a point in Big Break 200 feet northerly of
the mean high tide line; thence along a line 200 feet northerly of said mean high tide line in a general
northwesterly direction to its intersection with the easterly right-of-way tine of Highway 160; thence
southerly along said easterly line to its intersection with the northerly right-of-way line of Wilbur Avenue
and the City of Antioch boundary;thence along said City boundary easterly and southerly to the point of
beginnings.
Containing;8,100,00 acres,more or less.
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Exhibit B
The following properties are to be transferred, as soon as possible after the effective
date of the incorporation, subject to any conditions set forth hereinbelow:
1) Subject to Government Code Section 57385,reads, highways and their
rights-cif -ways within the boundaries of the new City, to the extent such
roads, highways and right-of--ways were part of the county road system prior
to 'circulation of the petition for incorporation. The entire roadway and right of
way for any roads or highways constituting a City boundary shall be
transferred (rather than a transfer to the centerline of the road).
2) Properties deeded by developers or purchased with development impact
or area of benefit fees paid from within the area to be incorporated:
a) 034-100-013 Rose Ave--So. Laurel
b) 035-211-002O`Hara Ave
c) 035-7301-053 4675 Bayside Way
d) 041-130-049', orchard Way
e) 041-183-008 4150 Richard Way
f) 037.390-102 5164 Claremont Lane
g) 041-230-050 No Address --End Canopy Lane
h) 034-010-003 3980 Empire Ave
i) 037-150-030 2950 Main St
j) 037-131-008 100 Carol Lane
k) 037-131-009 2190 Main St
1) 037-132-003 101 Carol Lane
3) other than properties covered under 1) and 2), properties directly
associated with the provision of services now provided by the County or
County-controlled_agencies but to be provided by the new City upon
incorporation:
a) 037-170-406 Vintage Parkway
b) 037-100-034 29'H
c) 037-080-023 29H
d) 035-011-018 29C
e) 035-402-009 29E j
f) 035-300-025 29E
g) 035.220-025 30A
h) 035-220-026 30A
i) 034.050-003 30C
4) Other than properties covered under 1), 2) and 3):
a) 033-302-026 95 Laurel Read [donated property restricted to childcare uses)
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY;CALIFORNIA
Adopted this Resolution on December 1, 1998, by the following vote:
AYES:
NOES: " ► r"
ABSENT:
ABSTAIN:
SUBJECT: Oakley-Declaring } RESOLUTION NO. 98/'
Election Results and )
Confirming Order of ) (Gov. Code §§ 57175, 57176, 57178'& 57200(a).)
Incorporation. )
The Board of Supervisors of Centra Costa County RESOLVES and ORDERS that:
1. On July 28, 1998, this Board adopted Resolution No. 98/390, ordering the proposed
incorporation of the City of Oakley(LA-FC 97-17), subject to confirmation by the involved
area's voters. Exhibit 2 to Resolution No. 98/390 included the ballot measures to be presented
to the voters at the November 3, 1998 general election.
2. On November 3, 1998, the involved Oakley area voters approved the proposed
incorporation and that members of the Oakley City Council in future elections be elected by
district and not at large. As indicated in the canvass of incorporation election returns filed with
this Board by the County Clerk(Registrar),the results of the votes cast on Resolution No.
98/390's ballot measures are as set forth in Exhibit"A"attached hereto.
3. This Board hereby confirms its Resolution Order No. 98/390 providing for the City of
Oakley incorporation which was approved by the involved area's voters on November 3, 1998.
4. In connection with this Resolution confirming the Board's above-noted earlier
Resolution No. 98/390 and order of incorporation, the following is provided:
(a)The subject incorporated area is a new city to be known as the City of Oakley.
(b) The five persons receiving the highest number of votes cast for the office of
Oakley City Council member are hereby declared elected to that office. The names of the five
elected city council members and the vote cast for each one follow:
RESOLUTION 981 �
Names Votes For
(1)
(2)
(3)
(4)
(5)
(c)The voters have favored and established the system of electing council
members by district.
5. The Clerk of this Board shall cause a certified copy of this Resolution confirming the
above-noted earlier Resolution No. 98/390's order of incorporation to be filed with the LAFCO
Executive Officer together with a remittance to cover the fees required by Government Code
section 54902.5.
1 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
dates shown.
ATTESTED: December 1, 1998
PHIL BATCHELOR., Clerk of the Board
of Supervisors and County Administrator
By: Deputy
cc: Annamaria Perrella, LAFCO Executive Officer
Phil Batchelor, County Administrator
County Counsel
County Clerk, Elections Dept.
Assessor
Tax Collector
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RESOLUTION 98/ 2
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VOTES ON RESOLUTION NO. 98/390 BALLOT MEASURES
1. "Shall the order adopted on July 28, 1998,by the Board of Supervisors of Contra
Costa County ordering the incorporation of the territory described in the order and designated in
the order as the Incorporation of the City of Oakley(LAFC 97-17)be confirmed?"
Votes For: Votes Against: Total Votes:
2. Shall members of the Oakley city council in future elections be elected by district and
not at large?
Votes For: Votes Against: Total Votes:
EXHIBIT"A"
VJW/jh
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adapted this Resolution on July 28, 1998,by the following vote:
AYES: Supervisors Gerber, Canciamilla and Rogers
NOES: None
ABSENT: Supervisors 1Jilkema and DeSaulnier
ABSTAIN: None
SUBJECT: Proposed Incorporation of the RESOLUTION NO. 98/ 390
City of Oakley(LAFC 97-17). (Gov.Code§§ 57077(a)2, 57082,57100,
57101,57103(a),57104[56842.6],57133(a),
57134, 51137,57139,and 57145-57149)
The Board of Supervisors of Contra Costa County RESOLVES and ORDERS that:
1. This Resolution is adopted pursuant to the Cortese-Knox Act,Government Code
Sections 56000 et seq.
2. The change of organization("boundary change")ordered by this Resoluiton consists
of an incorporation to form a new city to be known as the City of Oakley.
3. The exterior boundaries of the above-noted boundary change are as specified in
Exhibit A of the Local Agency Formation Commission of Contra Costa County("LAFC")
Resolution No. 97-17 attached hereto(marked"Exhibit I")and made a part hereof.
4. The affected territory for this incorporation has been determined to be legally
inhabited.
5. All of the terms and conditions upon this incorporation change of organization
approved by LAFC are as set forth in Exhibit 1 attached hereto.
6. The regular county assessment roll will be used for the collection of taxes and
assessments in the affected territory. The affected territory will be taxed for existing bonded
indebtedness(if any)of any agency whose boundaries are changed.
7. The reasons set forth in the Chief Petitioners'proposal for the boundary change are to
(a)enhance local control and accountability through a locally elected city council,(b)increase
opportunities for citizens to be directly involved and participate in Iocal civic and governmental
activities, (c)retain revenues generated within the city to support local programs and services
and(d)promote orderly governmental boundaries.
8. Pursuant to Government Code Section 57077(a),this Board finds that insufficient
protests were filed to require termination of proceedings and,therefore,hereby ORDERS this
incorporation change of organization to be effective July 1, 1999,subject to the terms and
conditions specified herein and to confirmation by the voters as hereinafter set forth.
9.The Board Clerk shall file a certified copy of this Resolution with the County Clerk
(Registrar of Voters and elections official)and LAFC Executive Officer as soon as this may be
done within five days after July 28, 1998.
10. Elections. Pursuant to Government Cade Sections 57077(a)(2),57100(a),57101
and 57103(a),this Board hereby calls a special election to be consolidated and held with the
November 3, 1998 general election on the following questions in the area described in Exhibit A
of LAFC Resolution No.97-17 attached,on the following questions and requiring the approvals
noted:
RESOLUTION NO. 97-17
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF CONTRA COSTA
MAKING DETERMINATIONS AND APPROVING THE PROPOSED
INCORPORATION OF THE CITY OF OAKLEY AND ESTABLISHING THE
SPHERE OF INFLUENCE {SOI} BOUNDARY OF SAID CITY
RESOLVED, by the Local Agency Formation Commission of the County of Contra
Costa, State of California, that
WHEREAS, on June 30, 1997, a registered voter petition of application was filed
with the Executive Officer of this Commission pursuant to Title 5, Division 3,
commencing with Section 56000 of the Government Code, requesting the
incorporation of the City of Oakley and establishment of the SOI boundary of said
City; and
WHEREAS, the names of the signers of the petition were compared;against the
voters register and all signatures on the petition were secured within six months of
the date on which the first signature on the petition was affixed; the Executive
Officer determined and certified that the petition qualified as a sufficient petition
and was signed by the requisite number of qualified signers for a sufficient petition;
and
WHEREAS, the Executive Officer caused to be prepared by the Proponents a
Comprehensive Fiscal Analysis for the proposed incorporation and fumished a
copy of the Analysis to each person entitled to said copy; and
WHEREAS, the Executive Officer reviewed the application and, as lead agency
pursuant to the provisions of the California Environmental Quality Act(CEQA),
prepared an initial environmental study and made a recommendation that a
negative declaration be adopted for the incorporation proposal; a notice of intent
was duly published and posted in accordance with the requirements of Section
15073 of CEQA Guidelines giving the public 30 days to make comment on the
proposed negative declaration; and
WHEREAS, this Commission calledfor and held a public hearing on the proposed
incorporation on May 13, 1998 at the time and place specified in the notice of
public hearing. At the hearing, the Commission considered and received all oral
and written rrotests, objections and evidence which were made, presented or
filed, and all persons present were given an opportunity to hear and be heard with
respect to the proposed incorporation, comprehensive fiscal analysis, negative
declaration, and the report of the Executive Officer; the hearing was then
continued to May 27, 1998 and continued again to June 10, 1998 and continued
again to June 24, 1998; and
S
. a
of incorporation shall also present the question of whether members of the City
Council in future elections shall be elected at large or from five districts. Further,
in accordance with Government Code Section 57877:
a) The three members elected with the lowest votes shall hold office until the
first general municipal election held in the new City after July 1, '.1999 and until
their successors are elected and qualified. Thereafter terms of office shall be
four years.
b) The two members elected with the highest votes shall held office until the
second general municipal election held in the new City after July 1, 1999 and
until their successors are elected and qualified. Thereafter terms of office shall
be four years. ,
Provided, however, that if the voters approve election by districts, the procedure of
Govemmeht Code Section 34884(a) shall apply for the establishment of districts
and, pursuant to Government Code Section 34884(b)+(c):
a) The terms of office of the two members elected with the lowest vote shall
expire on the Tuesday succeeding the first regular municipal election held
in the new City after July 1, 1999 and, at that election, members shall be
elected by district in the even-numbered districts and shall hold office for
four years; and
b) The terms of office of the three members elected with the highest vote
shall expire on the Tuesday succeeding the second regular municipal
election held in the new City after July 1, 1999 and, at that election,
members shall be elected by district in the odd-numbered districts and
shall hold office for four years.
10. The territory of the proposed incorporation is inhabited and contains a
population of approximately 21,237 residents and 12,081 registered voters as of
fiscal year 1996197.
11. The assessed value for property tax purposes within the area of the proposed
incorporation is approximately one billion dollars as of fiscal year 1998197.
12. No existing bonded indebtedness or obligation for payment of principal and
interest on indebtedness will be affected by the incorporation of Oakley. Property
within the incorporation boundaries shall continue to be liable for any existing
bonded debt.
13. Pursuant to Government Code Section 56375.1(a), the Commission finds that
incorporation of the City of Oakley is consistent with the intent of the Cortese Knox
Local Government Reorganization Act of 1985 including, but not limited to, the
policies of Sections 56001, 56300, 56301 and 56377.
14. Pursuant to Government Code Section 56375.1(b), the Commission declares
that it has reviewed the spheres of influence of all affected local agencies and
a
incorporation, the balances of the CSA P-6 accounts for the existing,zones of the
Oakley Area shall be transferred to the City.
20. If the incorporation is approved, County Service Area L-100 (street lighting)
shall be dissolved within the area of the new City, effective June 30„2000, and all
unencumbered funds of the Area, including cash on hand and monies due but
uncollected, and any obligations of the Area,shall be divided between the City and
the Area in proportion to the area remaining in the unincorporated area and the
area included within the new City. Further, upon dissolution, the authority to
collect assessments or fees for street lighting shall pass to the new City.
21. The amount of base property tax transferred to the new City from the County
pursuant to Government Code Section 56842 shall be $641,179, determined as
follows:
County aud'itor's'ratio (Gov. C. Sec. 56842(c)(1)): 42.25%
Total net county cost of services to be transferred, as determined by this
Commission (Gov. C. Sec. 56842(c)(2)): $1,517,584
Calculation of County base property tax to be transferred to new City (Gov. C.
Sec. 56842(c)(3)):
42.25% X $1,517,584 = $641,179
22. Pursuant to Government Cade 56842.6, the provisional appropriations limit for
the new City shall be $4,145,258, and the permanent appropriations limit shall be
proposed by the City Council and subject to approval of the voters at the first
municipal election following the first full fiscal year of operation.
23. Pursuant to Government Cade 65865.3, project approvals and development
agreements issued by Contra Costa County prior to the effective date of
incorporation, including (but not limited to) those related to the Cypress Corridor;
shall be honored by the new City, subject only to modifications in the conditions of
approval that are necessary to reflect the change in jurisdiction.
24. Existing County ordinances shall remain in effect after incorporation for the
period specified in Government Code Section 57376+. The County General'Plan
and zoning ordinances shall continue in effect within the City boundaries until such
time as the City has adopted' its own General Plan and zoning.
25. Business license taxes which are levied in the proposed incorporation area
shall continue to be levied by the City at the same rate and in the same manner
that they are collected by the County.
26. Real property transfer taxes which are levied in the proposed incorporation
area shall continue to be levied by the City at the same rate and in the same
manner that they are collected by the County.
27. Transient occupancy taxes which are levied in the proposed incorporation
any portions of zones therein, shall continue in existence but shall be governed by
the new City. The new City shall continue to levy any existing takes, fees, charges
and assessments for said District at the same rate and in the same manner as
currently levied. All unencumbered funds of the District, including trash on hand
and monies due but uncollected, and any obligations of the District, shall be*
divided between the City and the District in proportion to the area remaining in the
unincorporated area and the area included within the new City.
34. To the extent authorized by law, upon the transfer of the County's Oakley Area
Redevelopment Agency to the new City,the new City's Redevelopment Agency
shall continuethe following pass-throughs,which are currently authorized under
the County's Oakley Area Redevelopment Agency. _
1) Brentwood Elementary School District
2) Contra Costa County Mosquito Abatement District
3) East Bay Regional park District
4) Centra Costa County Fire protection District
5) County Office of Education
6) Antioch ti'nified School District
7) Oakley Union School District
8) Liberty High School District
Further, to the extent authorized by law, upon the transfer of the County's Oakley
Area Redevelopment Agency to the new City, the new City's Redevelopment
Agency shall pass-through to the following agencies such amounts as would be
required for such agencies under Health and Safety Code Section 33807.5 if the
City were starting its redevelopment agency ab initio:
1) Contra Costa County (General Fund)
2) Contra Costa County Water Conservation and flood(Control District
3) Contra Costa County Water Agency
4) Contra Costa County Fire Protection District
5) County Library District/Fund
35. East County Regional Traffic impact Fees shall continue to be collected by the
new City at the same rate and in the same manner that they are currently
collected, with the proceeds being used for the same purposes as when the
County collected the fees.
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EXHIBIT 2 -BALLOT MEASURES
1. "Shall the order adopted on July 28, 1998, by the Board of Supervisors of Contra
Costa County ordering the incorporation of the territory described in the order and designated in
the order as the Incorporation of the City of Oakley (LAFC 97-17)be confirmed?"
[See Gov. Code, §§ 57133(a), 57134.]
2. Shall members of the Oakley city council in future elections be elected by district and
not at large?
[See Gov. Code, § 57101(b).]
................:..
CONTRA COSTA COUNTY LOCAL ENCI FORMATION COMMISSIO
651 Pine Street,I ighth Floor•Martinez,CA 94553-1229
JLafcc�� (925),6464090 # (925)646-2240 FAX
MEMBERS ALTERNATE MEMBERS
Joseph Canciamilta Dwight Meadows Donna Gerber>
EXECUTIVE OFFICER Millie
Supervisor Special Districts County Supervisor
Millie Greenberg Michael Menesini David Kurrent;
ANNAMARIA PERRELLA Danville Town Council Martinez City Council Public Member'
David Jameson Martin McNair George H.Schmidt
Special Districts Public Member Special Districts
Gayle B.Uilkerna Don Tatzin
County Supervisor Lafayette City Council
DATE: February 10, 1999 1
x
TO: Terry McGraw y
FROM: Annamaria Perrella
SUBJECT: SBE FEES—FIRE DISTRICTS BOUNDARY REORGANIZATION
--..--------------------------------------------------------------------------------------------..-----_--
I received notification from the SBE that the fee for processing the subject reorganization
is $3,500.
Please submit a check,payable to the State Board of Equalization, at your earliest
convenience. The check should be forwarded to.-
P.
o:P. O. Box 942879, MIC:59
Sacramento, CA 94279-0059
Please be sure to refer to the Board's Resolution No. 98.624 when submitting the fee.
Thanks!
cc: Ann Cervelli, Clerk of the Board
CONTRA COSTA COUNTY
Clerk of the Board
Inter-Office Memo
TO: Annamaria Perella, Executive Officer
LAFCO Agency
DATE : December 1, 1998
FROM: Ann Cervelli, Chief Clerk o
Clerk of the Board of Supervisors
SUBJECT: Resolution Confirming Oakley Incorporation '
Pursuant to your request, I am transmitting to you 6
certified original copies of said resolution with alrequest that
You complete the boundary change by forthwith filing a
Certificate of Completion and Statement of Boundary Change .
fees . I understand that you have a check to cover applicable
Thank you.
ac
attachment
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
dates shown.
ATTESTED. December 1, 1998'
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By: - t 0 j .. Deputy
cc: Annamaria Perrella, LAFCO Executive Officer
Phil Batchelor, County Administrator
County Counsel
County Clerk,Elections Dept.
Assessor
Tax Collector
VJWljh
H:\JHERE\J0ANN\0AK1NC.WPD
RESOLUTION 98/602 2
VQIES QN RESOLUTION NQ. 98/390 BALLOT MEASIMS
1. "Shall the order adopted on July 28, 1998,by the Board of Supervisors of Contra
Costa County ordering the incorporation of the territory described in the order and designated in
the order as the Incorporation of the City of Oakley(LAFC 97-17)be confirrnedT'
Votes For: 4,8.22 Votes Against: 1,454 Total Votes: 6,272`
2. Shall members of the Oakley city council in future elections be elected by district and
not at large?
Votes For: 2,916 Votes Against: 2,744 Total Votes: 5,660
EXHIBIT"A"
VJW/jh
HAMEREU0ANP OAKINCA.WM
David Martin 2
Distribution.
LAFC Commissioners
Ann Cervell4* Clerk of the Board of Supervisors
Dennis Graves;LAFCO Counsel
Victor Westman; County Counsel
Russ Fernandez; Elections Department
Tim Aiello; Assessor's Office
Paul Abelson; Auditor's Office
Sue Warden; Community Development
Lemuel Hunt; Public Works
Robert Brahman; Braitman& Associates
Thayne Thomas, Chair; Oakley Incorporating
CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION
651 Pine street,Eighth Floor•Martinez,CA 94553-1229
(925)6464090•FAX(925)646-22=10
La
.fcc MEMBERS ALTERNATE MEMBERS
Joseph Canciamilla Dwight Meadows Donna Gerber
EXECUTIVE OFFICER County Supervisor Special Districts County Supervisor
Millie Greenberg Michael Menesini David)Current
ANNAMARIA PERRELLA Danville Town Council Martinez City Council Public Member
David Jameson Martin McNair Don Tatzin
Special Districts Public Member Lafayette City Council
Gayle S.UUkema
County Supervisor
November 24, 1998
David .Martin, Supervisor
Tax Area Services Section
State Board of Equalization
450 N Street, MIC-.59
P. O. Box 942879
Sacramento, CA 94279-0059
Re: Certificate of Completion and Statement of Boundary Change for the
Incorporation of the City of Oakley(LAFC 97-17)
Dear Mr. Martin:
Enclosed is a recorded copy of the subject documents and all exhibits. Also enclosed is $35 for
the deferment of the $3,500 processing fee for the formation of the new City (see Gov.C.
54902.5).
Please note that the Conducting Authority's Resolution Declaring Election Results and
Confirming Order of Incorporation is in"draft" form. As we discussed previously, the Board of
Supervisors will not meet again until December 1, 1998 and, at that time, it will adopt its final
resolution on the matter, the final resolution will be forwarded to your office within a day or two
after adoption. This submittal is necessary in order to ensure that the December 1, 1998 statutory
deadline for filing statements will be met in a timely manner.
I can't thank you enough for all of your help and guidance and for permitting LAFCO to file the
documentation prior to the adoption of the Board's final resolution.
Sincerely,
Annamaria Perrella
Distribution: See page 2
CONTRA COSTA COUNTY LOCAL AGENCY FORMATION COMMISSION
651 Fine street,Eighth Floor-Martinez,CA 94553-1229
{925}6464090•FAX(925)646-2244
a f
MEMBERS ALTERNATE MEMBERS
Joseph Caneiamilla Dwight Meadows Donna Gerber
County,Supervisor Special Districts County Supervisor
EXECUTIVE OFFICERDavid Kurrent
ANNAMARIA PERRELLA Millie Greenberg Michael Menestni
A=.F.J;n k.fa.evls.rr
CONTRA COSTA Co Recorder'sOffice
STEPHEN L. WEIR, County Recorder
DOC - 98-0295072-00
Tuesday, NOV 24, 1998
FRE $0.00,11,
Ttl Pd $0.00 Nbr-0000346747
lrc /R9
CERTIFICATE OF COMPLETION
Pursuant to Government Code Sections 57200 and 57201, this Certificate of Completion is issued
by the Executive Officer of the Local Agency Formation Commission of the County of Contra
Costa, State of California.
1. The short form designation, as determined by LAFCO, is:
"Incorporation of the City of Oakley(LAFC 97-17)"
2. The name of each district or city involved in this change of organization or reorganization
and the kind or type of change of organization or reorganization ordered for each city or
district are:
Citv or District Type of Organizational Change
City of Oakley Incorporation
3. The above-listed cities and/or special districts are located within the County of Contra
Costa.
4. The boundaries of the above-cited change of organization or reorganization are described
and depicted in the attached exhibits marked Exhibits A and B and by reference
incorporated herein.
S. The territory involved in this change of organization or reorganization is uninhabited/
inhabited. -- Inhabited
CERTIFICATE OF COMPLETION 2.
6. This change of organization or reorganization has been approved subject to the following
conditions, if any:
See enclosed LAFCO Resolution No. 97-17 incorporated herein by this reference.
7. This change of organization or reorganization was ordered by the
after Conducting Authority proceedings called for and held on
after which Resolution No. 98/ was adopted and is attached hereto as Exhibit C.
I hereby certify that I have examined the above-cited resolution, including any terms and
conditions, and the map and legal description, and have found these documents to be in
compliance with the attached LAFCO Resolution No. LAFC 97-17Adopted on June 24, 1998.
Annamaria Perrella, Executive Officer Date
Local Agency Formation Commission, County of
Contra Costa
Enclosures
cc:
::._ ...................... ......
k
Statement of Boundary Change
State Board of Equalization
Tax Area Services Section
450 N Street, MIC: 59
P. O. Box 942879
Sacramento, California 94279-0059
B.O.E File No:
Count Contra Costa County 07 1 Acreat>p Fee $35 Resolution/Ord 98-
Cond Authority Board of Supervisors LAFCo. Res. 97-17
Short Incorporation of the City of Oakley. (LAFC 97-17) Effective Date:
Type of 01 Annex to Dist 06 Consol. of TRA's 10 Formatn-Redevlp
02 Annex to City 07 Detach.from Dist 11 Name Change
(Choose one x 04 City Incorp 08 Dissol.of District 12 Reorganization
05 Consol. of Dist. 09 Formatn-District 13 School District
Bas
Cod City/District Type of Change
City/District(s City of Oakley Incorporation;
Affected by
Affectedx Inhabited Developed Number of
is legally: t Uninhabited Undevelo e
The affected will be taxed for existing bonded indebtedness or contractual obligations as
territory: x set forth by the terms and conditions as stated in the resolution.
will not be taxed for existinf, bonded indebtedness or contractual
Enclosed are x Fees x Map(s) and Supporting Documents
following items x Legal Description Assessor parcel number(s) of
required at the x Resolution of Conducting County Auditor's Letter of TRA
of filing: x Certificate of Completion (consolidated counties)
City Boundary Map of-limiting addresses (2 Vicinity Maps (2 copies)
Chang2es Only: Alphabetical list of all streets within the affected area to include beginning
Estimated
Board of Equalization will acknowledge receipt of filing to
Name: Annamaria Perrella chk #:
Title: Executive Officer
Agency: Contra Costa LAFCO
Street: 651. Pine St, 8th flr amt:
City and Zip Martinez CA 94553
Telephone: 925/646-4090
Itr #:
(Signature of agency officer) Date
PT-400-TA (10-95)
RESOLUTION NO. 97-17
RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION
OF THE COUNTY OF CONTRA COSTA
MAKING DETERMINATIONS AND APPROVING THE PROPOSED
INCORPORATION OF THE CITY OF OAKLEY AND ESTABLISHING THE
SPHERE OF INFLUENCE (SOI) BOUNDARY OF .SAID CITY
RESOLVED, by the Local AgencyFormation Commission of the County of Contra
Costa, State of California, that
WHEREAS, on June 30, 1997, a registered voter petition of application was filed
with the Executive Officer of this Commission pursuant to Title 5, Division 3,
commencing with Section 56000 of the Government Code, requesting the
incorporation of the City of Oakley and establishment of the SOI boundary of said
City; and
WHEREAS, the names of the signers of the petition were compared against the
voters register and all signatures on the petition were secured within six month's of
the date on which the first signature on the petition was affixed; the Executive
Officer determined and certified that the petition qualified as a sufficient'petition
and was signed by the requisite number of qualified signers for a sufficient petition;
and
WHEREAS, the Executive Officer caused to be prepared by the Proponents a
Comprehensive Fiscal Analysis for the proposed incorporation and furnished a
copy of the Analysis to each person entitled to said copy; and
WHEREAS, the Executive Officer reviewed the application and, as lead agency
pursuant to the provisions of the California Environmental Quality Act (CEQA),
prepared an initial environmental study and made a recommendation that a
negative declaration be adopted for the incorporation proposal; a notice of intent
was duly published and posted in accordance with the requirements of Section
15073 of CEQA Guidelines giving the public 30 days to make comment on the
proposed negative declaration; and
WHEREAS, this Commission called for and held a public hearing on the proposed
incorporation on May 13, 1998 at the time and place specified in the notice of
public hearing. At the hearing', the Commission considered and received all ural
and written protests, objections and evidence which were made, presented or
filed, and all persons present were given an opportunity to hear and be.heard with
respect to the proposed incorporation, comprehensive fiscal analysis, negative
declaration, and the report of the Executive Officer; the hearing was then
continued to May 27, 1998 and continued again to June 10, 1998 and continued
again to June 24, 1998; and
1