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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-390 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 28, 1998, by the following vote: AYES: Supervisors Gerber, Canciamilla and Rogers NOES: None ABSENT: Supervisors tlilkema 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 1") 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 local 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 Code Sections 57477 (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: a. By majority vote of the voters in said Exhibit A's area, confirmation of the incorporation change of organization to form the City of Oakley. b. By majority vote of said Exhibit A area voters whether members of the City of Oakley council in future elections are to be elected by district or at large. c. The election of five city council members elected at large from throughout the City in the incorporation election of November 3, 1998. 11. Pursuant to Government Code Sections 57133 (a), 57134 and 57137,the specific language of the aforenoted ballot measures shall be as set forth in Exhibit 2 attached hereto. 12. The precincts and the polling places for the elections shall be timely determined in accordance with normal procedures by the Elections Department,so as to have precincts conforming to the map of Exhibit A and ballot measures of Exhibit 2. 13. Candidates for the city council shall pay for the publication of their statements of qualifications pursuant to Elections Code Section 13307(c). 14. As noted in Section 9,within five days of the call of the special election pursuant hereto, the Clerk of this Board shall transmit a notification of the election call to the Executive Officer of the Local Agency Formation Commission,in conformance with the requirements of Government Code Section 57144. 15. The County Clerk(Elections Department)and the Clerk of this Board are hereby authorized and directed to take all actions necessary or appropriate to implementing this Resolution, including: a. Concerning the Incorporation election: Publishing,posting, and mailing in a timely manner the notices of election required by Government Code Sections 57130 and 57131. b. Ina timely manner: a.) Determining and fixing reasonable dates prior to the election for arguments to be submitted, in accordance with Government Code Section 57146(x), b.) Publishing notice of the date for submission of arguments, in accordance with Government Code Section 57146(b), c.) Receiving and selecting arguments and rebuttal arguments on the questions submitted to the voters, in accordance with Government Code Sections 57145 and 57147, d.) Assembling,printing and mailing the ballot pamphlet,in accordance with Government Code Section 57148,and e.) Conducting and reporting the canvas of the ballots cast,in accordance with Government Code Section 57149. f.} Conduct the city council members election in accordance with the provisions of Government Code Section 57139 and as required by the Elections Code. 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: PHIL BAT fVLOK Clark of the Board cc: County Clerk, Elections Dept. of pery rs and ynty Administrator Annamaria Perrella, LAFCO Executive Officer By Deputy Phil Batchelor,County Administrator County Counsel 98/390 tai,. , RE, L TION 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 Tittle 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 sufficlent 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 CEtA Guidelines giving the public 30 days to make comment on the proposed negative declaration; and WHEREAS, this Commission gilled 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 oral 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 ` K l 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. 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 accordance 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 58702, 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 Govemment 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, 1989 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 Govemment Code rection 34884(x) shall apply for the establishMent of districts and, pursuant to Govemment 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, 1899 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, 1899 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 1996197. 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 Govemment 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 1965 including, but not limited to, the policies of Sections 56001, 563010, 55301 and 58377. 14. Pursuant to Govemment Code Section 56375.1(b), the Commission declares that it has reviewed the spheres of influence of all affected local agencies and x aro,..,..... 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 t i 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 auditor'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)): 42.2.5% X $1,517,584 = $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 specked 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 K.. ....... .. .h__ _ ._ r...r..w....a.w.i.lwasi-n•Ny+..tiNKa....r . 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 sates 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 Trice index for fiscal 1997-8, 1998-9 and 1999-2000 (!3ov. 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 from 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 180 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 shell be the some 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 sate 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 J' Y 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 Districk, 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: 1) Brentwood Elementary School District 2) Contra Costa County Mosquito Abatement District 3) East Bay Regional Park District 4) Contra Costa.County Piro Protection District 5) County office of Education 6) Antioch Unified 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 331307.5 If the City were starting its redevelopment agency ab Initis: 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. 7 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 himsfer 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 extant 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 continuatlon of any current tax, fee, chargee, 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 Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Government Code Section 58853. PASSED AND ADOPTED this 24th day of June 1988, by the following vote: AYES: COMMISSIONERS CANCIAMILLA, GREENBERG, CORY, JAMESON, TATZIN, UILKEMA ANI} McNAIR NOES: NONE ABSTAIN:Commissioner Meadows i hereby certify that this is a correct copy of a resolution passed and adopted by this Commission on the date aforesaid. Date: Annamaria Perrella, Executive Officer l Y�y+ Road !yi �.�iY0 :7.a . On Oek Avenue C� aT Emolm Avnwe ® Bnrafk Rd. . Brom POW �. P AY d LN Ohara Ave. Ohara Aha. • bare Aha. 'p y h ` 9shwe Avwm �►,.� z C. Jermylskmd f. .vv. ._......... ....., .... .vr.wWalY�Fa.0 ........r..raAuMl+Omd+ur✓ srs.r.w.a. •... ..r .aYe .. .... ..... .... ... may. 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, roads, highways and their rights-of-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) 035-211-002 O'Hara Ave c) 035-730-053 4678 Bayside Way d) 041-130-049 Orchard Way e) 041-183-008 4150 Richard Way f) 037-390-102 5184 Claremont Lane g) 041-230-050 No Address--End Canopy Lane h) 034-010-003 3980 Empire Ave 1) 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) 037-170-008 Vintage Parkway b) 037-100-034 29H c) 037-080-023 29H d) 035-011-018 29C e) 035-402-009 29E f) 035-300-025 29E g) 035-220-025 30A h) 035-220-026 30A 1) 034-050-003 30C 4) Other than properties covered under 1), 2) and 3): a) 033-302026 '95 Laurel Road [donated property restricted to childcare uses] 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).] H:\GROUPS\CLER\ex2bdmee.wpd EXHIBIT 2