HomeMy WebLinkAboutRESOLUTIONS - 01011981 - 1981-1322 THE BOARD°OF SUPERVISORS -CSF CONTRA COSTA COUNTY, CALIFORNIA'
Adopted this Carder on November 17, 1981 , by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, and Powers.
NOES: none.
ABSENT: None.
ABSTAIN: ----
SUBJECT:
Approval of Kensington ) RESOLUTION NO. 81/1322
.Incorporation Reorgani-
zation CLAFC 81-22) } (Govt.C. S§56100-56115
Subject to voter Confirm- ) & 56439--56443)
ation.: . . , . . . � , .)I
The Board of Supervisors of Contra Costa County RESOLVES THAT:
On March 20, 1981 the Kensington Community Services District
filed a resolution of application for the proposed .Reorganization
with the Executive Officer of the Local Agency Formation Commis-
sion of Contra Costa County. The reason for the proposed Reorgani-
zation is to provide local control and self-determination in
governmental matters affecting the territory of the Reorganization,
while increasing efficiency and reducing the costs of providing
governmental services . On September 10, 1981, after public
hearing, the Local Agency Formation Commission approved the
Reorganization and designated the proposal as the "Kensington
Incorporation Reorganization CLAFC 81-22) " .
The Reorganization is comprised of the following five changes
of organization concerning districts or territories located entirely
within Contra Costa County:
a. Incorporation of a new city, to be named the "City of
Kensington" , the boundaries of which shall be as set forth in
attached Exhibit "A" .
b. Establishment of the Kensington Community Services
District as a subsidiary district of the City of Kensington.
C. Establishment of the Kensington Fire Protection District
as a subsidiary district of the City of Kensington.
d. Dissolution of County Service Area L-32 (street lighting) .
e. Annexation to Kensington Community Services District of
all territory that is to be within the proposed City' s boundaries
but is not within the boundaries of the Community Services District.
f. Annexation to the Kensington Fire protection District of
all territory that is to be within the proposed City' s boundaries
but is not within the boundaries of the Fire protection District.
The Commission on September 10, 1981, approved the Reorgani-
zation subject to the following four conditions :
1. The effective date of the Reorganization shall be July 1,
1982 and each of the changes of organization shall occur simul-
taneously with the Reorganization becoming effective. Upon the
Reorganization becoming effective, the City Council of the City
RESOLUTION NO. 81/1322
of Kensington shall become, and be empowered to act as, ex officio
the Board of Directors of the Kensington Community Services
District and the Board of Directors of the Kensington Fire Protection
District.
2. The City of Kensington is designated as the successor to
County Service Area L-32 pursuant to Government Code Section 56470 (m) .
3. The only elected officers for the City of Kensington shall
be the members of the City Council as provided by Government Code
Section 36511 .
4. The Board of Supervisors shall submit an additional ballot
measure at the election called for the voters to approve or dis-
approve this Reorganization, for the additional purpose of estab-
lishing an appropriation limit for the proposed City of Kensington
pursuant to Article XIII-B of the California State Constitution.
The amount of such appropriations limit shall be sufficient to
enable the City to finance services within its jurisdiction
other than services to be provided by the Kensington Community
Services District (police protection, and recreation and park
service) and the Kensington Fire Protection District as subsidiary
districts of the City. The Commission's approval of this Reorgani-
zation proposal is subject to the condition that the appropriations
limit ballot measure be approved by the voters at this same election.
The Board's Resolution No. 81/1164 fixed 10 , 30 a.m. on Tuesday,
November 17, 1981, in the Chambers of the Board of Supervisors,
Administration Building, Martinez, California, as the time and
place for a public hearing on the proposed Reorganization. Notice
of said hearing was duly given pursuant to Government Code 5956087-
9, 56083 & 4 and 56085 & 6. This Board, at the time and place set
for such hearing, had the September 10, 1981 resolution of approval
by the Local Agency Formation Commission summarized aloud, heard
and received all objections, evidence or protests as provided for
by Government Code Section 56434 , heard all presentations anyone
desired to make, and then closed the public hearing.
For this Reorganization, the Board hereby makes findings,
determinations, and orders as follows :
(1) That the proposed Reorganization is an would be in the
best interests of the people in its area.
(2) That no single-subject district constitutes a major
district as defined in Government Code 956442.
(3) it approves and orders the Kensington Incorporation
Reorganization, subject to confirmation of the voters upon the
questions thereof.
(4) It calls, provides for and gives notice of a special
election on the questions of confirming the Board' s Reorganization
order (including the adoption of an Art. XIII-B appropriation limit)
and of which persons shall be elected to the first City Council.
(5) The special election shall be held within the entire
territory of the Kensington Incorporation Reorganization described
in attached Exhibit "A" .
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RESOLUTION NO. 81/1322
(6) This special election shall be held on April 13, 1982 ,
and will be consolidated with other elections scheduled within
the Reorganization' s area for that date, provided, if no other
elections are scheduled, it will not be so consolidated.
(7) The proposed amount of the appropriation limit to be
placed on the ballot is $700 , 000.
(8) Except for the election of the first councilmen of the
proposed city required to be elected, the questions to be submitted
to the voters at the special election shall be in the following
forms :
A. "Shall Resolution No. 81/1322 adopted on November 17, 1981
by the Board of Supervisors of the County of Contra Costa (ordering
a reorganization to form the new City of Kensington under the
provisions of the Municipal Organization Act of 1977 , and affecting
the Kensington Community Services and Kensington Fire Protection
Districts by annexing territories to them and establishing them
as subsidiary districts of the City of Kensington, and dissolving
County Service Area L-32) be confirmed subject to the terms and
conditions specified in said Resolution including the condition
that the voters approve a California Constitution Article XIII-B
appropriation limit for the City?"
B. "Shall a California Constitution Article XIII-B appropri-
ation limit for the City of Kensington in the amount of $700,000 for
the fiscal year 1982-1983 and thereafter until changed as provided
by law, be authorized?"
(9) That the vote required for confirmation of the reorgani-
zation shall be the favoring of both of the questions set forth
in (8) above by a majority of the votes cast on each within the
entire territory within which said election is held.
(10) The County Clerk is hereby authorized and directed to
publish appropriate notice of the election and conduct it in
accordance with Government Code S§56100, 56104 , 56110, 56112,
56115 (a) , 56120-56122, and 56443.
(11) The Clerk of this Board shall transmit a certified copy
of this resolution to the Executive Officer of the Local Agency
Formation Commission in accordance with the provisions of
Government Code §56119 .
(12) It has reviewed and considered the negative declaration
(together with any comments received during the public review process)
for this Reorganization and approves its adequacy.
hamW*wftthatV*Isetrueandcc rrectcopycif
an settar taken arnd entered on the mkwtss of the
Ooard of Supervisors on the date shown.
ATTESTED. Nov 17 MI
J.R. OLS N, OOUNTY CLERK
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- 3 -
RESOLUTION NO. 81/1322
cc: LAFCO - Executive Officer
State Board of Equalization
County Assessor
County Clerk-Recorder
Public Works Director
County Auditor-Controller
Director of Planning
County Administrator
Elections Department
Pacific Gas & Electric Company
P.O. Box 1,586 Attn: Lighting Engineer
Richmond, CA 94802
Kensington Community Services District
217 Arlington Avenue
Kensington, CA 94707
Kensington Fire Protection District
215 Arlington Avenue
Kensington, CA 94707
Lawrence Thorpe, Attorney
100 Bush Street
San Francisco, CA 94104
Dr. Roy Sammet
301 Grisley Peak Boulevard
Berkeley, CA 94708
Natalie Salsig
#8 Anson Way
Kensington, CA 94707
Jessie White
123 St. Albans Road
Kensington, CA 94708
Walter Gillfillan
744 Coventry Road
Kensington, CA 94707
Angus McDonald
740 Coventry Road
Kensington, CA 94707
- 4 -
RESOLUTION NO. 81/1322 y�/`
9-82
LOCAL AGENCY FORMATION COMMISSION'
Contra Costa County, California
Revised Description
DATE: 9-10-81 BY;
(L.A.F.C. 81-22 )
KENSINGTON INCORPORATION REORGANIZATION
EXHIBIT "A"
Beginning at a point coincident with the northerly boundary of the City of
Berkeley at the southeast corner of Lot 2, as shown on the map entitled "Map
of the San Pablo Rancho, Accompanying and Forming a part of the final report
of the Referees in Partition," filed March 1 , 1894, in the office of the
Recorder of Contra Costa County, California; thence Westerly along the divid-
ing line between the Counties of Alameda and Contra Costa to the southeasterly
corner of the City of El Cerrito; thence Northerly along the boundary line of
E1 Cerrito on the centerline of Santa Fe Avenue, as shown on that certain map
entitled "Berkeley Park," filed July 6, 1911 , in Book 5 of Maps, Page 116,
records of Contra Costa County, California; continuing Northerly along said
centerline of Santa Fe Avenue to its convergence with Colusa Avenue and Northerly
along the centerline of Colusa Avenue on the easterly boundary line of the City
of El Cerrito to a point in the centerline of Colusa Avenue directly opposite
the most northerly corner of Lot 8 of Cerrito Park; thence in a generally
northerly direction 80.0 feet, more or less; thence continuing along the boundary
line of the City of El Cerrito North 420 08' East, 413.61 fee; North 690 30' East,
490.00 feet, more or less; North 80 35' West, 1140.00 feet more or less; South
690 33' West, 10.2 feet; North 80 35' West, 134.64 feet, North 610 50' East
618.91 feet; North 180 50' West, 1670 feet, more or less to the most westerly
corner of Lot 1 of the said San Pablo Rancho; thence Northeasterly along the
northerly line of said Lot 1 to the most northerly corner thereof and a point
on the dividing line between Rancho San Pablo and Rancho E1 Sobrante, also being
a point on the boundary line of the City of Richmond; thence in a generally
southeasterly direction along the boundary line of the City of Richmond to the
most northerly corner of Berkeley Woods Addition, Contra Costa County, California,
filed December 8, 1937 in Volume 22 of Maps, Page 654; thence following the
boundary line of Berkeley Woods Addition Southerly along the eastern line of
Berkeley Woods Addition to the southeast corner thereof.; being on the northerly
line of Wildcat Canyon Road; thence Westerly along the northerly line of
Wildcat Canyon Road to its convergence with Spruce Street; continuing in a
generally northwesterly direction along the dividing line betwen the counties
of Contra Costa and Alameda to the southeast corner of Lot 2 of the San Pablo
Rancho, the point of beginning.
Containing 634.00 acres, more or less.
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