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Home My WebLink AboutMINUTES - 07161985 - 2.2 y . to- BOARD OF SUPERVISORS FROM. Phil Batchelor, County Administrator ,/.',� Il C )sta DATE: July 11 , 1985 CO „,.,,�, SUBJECT: Services to City of Orinda t �ly SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACFGGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Acknowledge receipt of City of Orinda Ordinances No. 85/1 and 85/5 , and of Resolutions No. 9-85, 10-85 , 11-85 and. 12-85. . 2 . Approve request of the City of Orinda in Resolution No. 25-85 for continued provision of services in former County Service Area R-6 in exchange for retention of anticipated revenues. BACKGROUND Incorporation of the City of Orinda became effective July 1 , 1985. The Acting City Manager in letter dated July 3 , 1985 , has transmitted certain ordinances and resolutions adopted by the City Council for information and/or action by the county. Under provisions of the state law, the county is generally required to continue provision of services to the city during the 1985-1986 fiscal year. However, county service areas within the incorporated territory of the City of Orinda are eliminated pursuant to statutory provisions with the effective date of the incorporation. It is necessary, therefore, to take action on the request of the City of Orinda that the county continue for the 1985-1986 fiscal year those services which had been furnished by County Service Area R-6 before incorporation. The City' s request is contained in Resolution No. 25-85 which defines conditions and provides for the county to continue to receive applicable revenue to offset R-6 costs in accordance with the budget adopted for the fiscal year 1985-1986. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S1: pp ACTION OF BOARD ON July 16, 1985 APPROVED AS RECOMMENDED _Y_ OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X_ UNANIMOUS (ABSENT ITT & T17 ) AND CORRECT COPY OF AN ACTION TAKEN AYES; NOES. AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED July 16, 1985 County C o un s e 1 i Phil Batchdv,CkTk of the Baird of City of Orinda I. Supervisors and County A&WWWW J M382/7-83 _Q BY ,DEPUTY , ✓Hy�,�, I I, i CITY OF ORINDA July 3 , 1985 . } Mr. Charles Hammond Asst. Contra Costa County Administrator � Dear Mr. Hammond: Attached are the following Ordinances and Resolutions to be placed on the July 16 Board of Supervisors agenda: Ordinances #85-1 and 85-5 ; Resolutions #9-85 , 10-85 , 11-85 , 12-85 , 14-85 and 25-85 . Thank you for your assistance. Sincerely, Howard L . Reese Acting City Manager HLR: nh A.,, -002 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: ) Providing that all Ordinances of ) the County of Contra Costa Applicable ) Before Incorporation Shall Remain in ) ORDINANCE NO. 85-1 Full Force and Effect as City ) Ordinances , Declaring an Urgency ) and Providing That the Ordinance ) Takes Effect .Immediately ) The City Council of the City of Orinda DOES ORDAIN as follows : Section 1. County Ordinances in Effect as Town Ordinances . All ordinances of the County of Contra Costa applicable within the territory now incorporated as the City of Orinda to the extent that they applied before incorporation shall remain in effect as ordinances of the City of Orinda. Section 2 . Duration of County Ordinances Within City. Each ordinance of the County of Contra Costa which remains in effect as a city ordinance by virtue of section 1 of this ordinance shall remain in effect as a city ordinance for a period of 120 days or until the City Council adopts an ordinance superceding it, whichever occurs first. Section 3 . Manner of Superceding County Ordinances Within 120-Day Period. No city ordinance enacted within the 120-day period of time supercedes a county ordinance unless the city ordinance specifically refers to the county ordinance and states an intention to supercede it. -1- Section 4 . Enforcement of Continuing County Ordinances . The enforcement of the county ordinances continuing in effect' in the incorporated area shall b6 by the City except insofar , as services of enforcement may be furnished by the county , in accordance with Government Code section 35448. Section 5 . Substitution of Appropriate References to City . The county ordinances continued in effect reflect the county governmental structure and contain references to officials, official titles, commissions and other official designations which are not a part of the structure of the government of the City of Orinda. In order to administer the county ordinances which are continued in effect, it is the purpose of this section to provide guides for the interpreta- tion of the county ordinances as they apply within the City of Orinda. (1) Wherever in an.%..ordinance :of the County of Contra Costa which is continued in effect by the City, there is a reference to "Planning Commission, " "Board of Zoning Adjustment, " "Board of Appeals , " or "Zoning Administrator, " this reference means the City Council of the City of Orinda until a planning commission is established; thereafter, the reference means the _planning commission of the City of Orinda. (2) Wherever in the ordinances of the County of Contra Costa which are continued in effect by the City, there is a reference to "Board of Supervisors, " this reference means the City Council of the City of Orinda. -2- (3) Wherever in the ordinances of the County of Contra Costa, there is a reference to an office, official title or other designation, the reference shall be interpreted to mean that office, title or designation in the governmental structure of the City, or if there is none, the official or title holder in the City who performs the functions referred to or the duties imposed. Section 6. Authority for Enactment. This ordinance is adopted under Government Code section 35441. Section 7. Declaration of Facts Constituting Urgency. This ordinance is an urgency ordinance and is for the immediate preservation of the public peace, health and safety. The facts constituting the urgency are these: The City of Orinda is newly incorporated and comprises territory formerly unincorporated. Government Code section 35441 of the State of California provides that the City shall immediately upon organization and before performing any other act adopt an ordinance prodding that all county ordinances applicable before the incorporation shall remain in full force and effect as city ordinances for 120 days or until the City Council has enacted ordinances superceding them, whichever occurs first. It is necessary that this ordinance take effect immediately in .order to comply with Government Code section 35441 ' and have continuity in the existence, application, administration and enforcement of the same ordinances in the City which applied before incorporation until the City Council -3- enacts ordinances superceding them. Section 8 . Taking Effect. This ordinance takes effect immediately. Section 9 . Posting. Within fifteen (15) days after the passage of this ordinance, the City Clerk shall cause it to be ;'posted in three (3) public places designated by resolution of the City Council. " The foregoing ordinance was introduced and adopted at a meeting of the City Council of the City of Orinda on July 1 1985 , by the following vote: AYES: 1DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS. NOES : NONE ABSENT: NONE 1/71 C)i./d MAYOR - RIC RD HEGGIE r ATTEST: CITY CLERK . - -4- RP BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: ) Establishing and Prescribing ) ORDINANCE NO. 85-5 The Composition of the Planning ) Agency of the City ) ) The City Council of the City of Orinda DOES ORDAIN as follows: SECTION 1. Establishment of City Planning Agency. (a) there is created the Planning Agency of the City of Orinda consisting of the following components : (1`) City Council (2) Planning Commission ( 3) Planning Department (4) Such other components as the City Council creates. (b) Until such time as the City Council creates a Planning Commission, the City Council shall act as the Planning Commission and do the. things required and authorized by Chapter 4 of Division 1 of Title 7 , (Government Code sections 65800 et seq .) . (c) This section is adopted under the authority of Government Code sections 65100 and 65861. SECTION 2. Taking Effect. This ordinance is declared to be an urgency ordinance and is for the immediate preservation of the public peace , health and safety. This ordinance takes effect immediately. -1- The facts constituting the urgency are that the City of Orinda is, newly incorporated; the law requires that the City establish a planning agency and prescribe its composition. Upon incorporation the City has the authority and responsibility concerning planning and land use matters and there is an Immediate need for the City's planning agency to act. SECTION 3 . Posting. Within 15 days after the passage of this ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council. The foregoing ordinance was introduced and adopted at a meeting of the City Council of the City of Orinda on JULY 1 19 85, by the following vote: AYES: DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS. NOES : NONE ABSENT: NONE '"MAYOR J CH ,D1 HEGGIE ATTEST: ' CITY CLERK -2- BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: ) Designating County Officials as ) RESOLUTION NO. 9-85 Ex-Officio City' Officials ) Section 35448, Government Code, provides that the Board of Supervisors shall continue to furnish to an incorporated area all services furnished to that area prior to incorporation during the fiscal year in which incorporation becomes effective, and 'this Council has requested the Board of Supervisors of Contra Costa County to continue to furnish such services . These services will be performed by the County in the name of and for the benefit of the City. THE CITY COUNCIL OF THE CITY OF ORINDA RESOLVES as follows : (1) The Sheriff of the County of Contra Costa is designated as ex-officio Chief of Police of the City of Orinda. (2)' The Director of Public Works of the County of Contra Costa is designated as the ex-offico City Engineer of the City of Orinda. (3) The Building Inspector of the County of Contra Costa is designated as the ex-officio Building Inspector of the City of Orinda. (4) The City Clerk is directed to transmit certified copies of this resolution to the Clerk of the Board of -1- h, Supervisors and'" to the Sheriff, Director of Public Works and Building Inspector, respectively of the County of Contra Costa. Adopted by the City Council of the City of Orinda on JULY 1 1985 , by the following vote : AYES : DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS NOES: NONE ABSENT: NONE MAYOR - RICHARD HEGGIE ATTEST: 11 Ito CITY CLERK - WARD L. REESE -2- BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: ) Authorizing the,+' Contra Costa ) County Planningi;,, Department to ) RESOLUTION NO. 10-85 Act as the Planning Staff for ) the City of Ori'nda ) } The City of Orinda is newly incorporated and does not have a planning, staff to perform the functions necessary to administer the planning and land use regulations which are r.. the same as those of the County of Contra Costa. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORINDA RESOLVES that: ( 1)i The P;,'1anning Department of the County of Contra Costa is authorized to perform planning staff functions for the City of Orinda in the administration and enforcement of the planning and land use regulations in effect in the City. (2) The Planning Director of the County of Contra Costa is designated as the ex-officio Planning Director of ii the City of Or ,nda. Adopted by the City Council of the City of Orinda on JULY' 1 , 19.85 , by the following vote : AYES : DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS NOES: NONE ABSENT: NONE MAYOR - RICHARD HEGGIE ATTEST.,• CITY"CLERK HOWARD L. REESE BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of: ) Authorizing the ,County of Contra } Costa To Continue to Furnish Services ) RESOLUTION NO. 11-85 to the City of Orinda for the Remainder) of the 1985-86 Fiscal Year. } Section 35448, Government Code, provides that when a city is incorporated, the Board of Supervisors shall continue to furnish services furnished prior to the incorporation for the .remainder of the fiscal year in which the incorporation becomes effective or until the legislative body of the city requests' discontinuance of the services , whichever first occurs . The City of Orinda is newly incorporated and desires to avail itself of . the provisions of section 35448 . NOW;, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORINDA RESOLVES as follows : (1) , The County of Contra Costa is authorized to continue, to furnish without additional charge to the City of Orinda those services which it furnished prior to the incorporation of the City. (2) These services shall be furnished for the remainder of the 1985-86 ,fiscal year or until- this Council requests discontinuance of the services , whichever first occurs . (3) The City Clerk is directed to transmit a certified copy of this resolution to the Board of Supervisors of the County of Contra Costa. -1- Adopted by the City Council of the City of Orinda on JULY 1 , 1985, by the following vote : AYES: DABEL, GUIDOTTI, HARB, HEGGIE, -LAANDERS NOES : NONE l ABSENT: NONE 7� MAYOR - RICHARD HEGGIE ATTEST: CITY CLERK = HOWARD L. REESE I -2- BEFORE 'THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of : ) Authorizing the Sheriff to Enforce ) State Laws and Ordinances In ) RESOLUTION NO. 12-85 the City of Orinda ) THE CITY COUNCIL OF THE CITY OF- ORINDA RESOLVES that: The Sheriff of the County of Contra Costa acting as the Chief of Police of the City of Orinda is authorized to enforce all state laws within the limits of the City of Orinda which is was the duty of the Sheriff to enforce before incorporation of the City and all City ordinances which the City Council adopts . Adopted by the City Council of the City of Orinda on JULY 1 1985, by the following vote : AYES : DABEL, GUIDOTTI, HARB, HEGGIE, LANDERS NOES: NONE' ABSENT: NONE ' _�/� . G� w MAYOR - RICHARD HEGGIE ATTEST : Aj,"/, " CITY CLERK s To BOARD OF SUPERVISORS FRa� Phil Batchelor, County Administrator C=tra ' Costa DATE: July' 11, 1985 '' (��J �, SUBJECT: Services to City of :Orinda ` u' +`7� SPECIFIC REQUEST(S) OR RECONONENDATION(S) & BACMROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Acknowledge receipt of City of Orinda Ordinances No. 85/1 and 85/5 , and of Resolutions No. 9-85, 10-85, 11-85 and 12-85. 2. Approve request of the City of Orinda in Resolution No. 25-85 for continued provision of services in former County Service Area' R-6 in exchange for retention of anticipated revenues. BACKGROUND Incorporation of the City of Orinda became effective July 1 , 1985. The Acting City Manager in letter dated July 3 , 1985 , has transmLGted certain ordinances and resolutions adopted by the City Council for information and/or action by the county. Under provisions of the state law, the county is generally required to continue provision of services to the city during the 1985-1986 fiscal „year. However, county service areas within the incororated territory of the City of Orinda are eliminated pursuant to statutory provisions with the effective date of the incorporation. II't is necessary, therefore, to take action on the request of the City of Orinda that the county continue for the 1985-1986 fiscali,yyear those services which had been furnished by County Service Area R-6 before incorporation. The City' s request is contained in Resolution No. 25-85 which defines conditions and provides for thel'county to continue to receive applicable revenue to offset R-6 costs in accordance with the budget adopted for the fiscal year 1985="1986. R I CONTINUED ON ATTACHMENT, YES SIGNATURE: RECOMMENDATION OF COUN7 ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE - OTHER SIGNATURE(S): ACTION OF BOARD, ON' APPROVED AS.RECOMMENDED OTHER