HomeMy WebLinkAboutRESOLUTIONS - 06141994 - 94-320 2. 5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 14, 1994, by the following vote :
AYES: Supervisors Smith, DeSaulnier and Bishop
NOES: None
ABSENT: Supervisors Powers and Torlakson
ABSTAIN: None
SUBJECT: Further Resolution ) Res . 94/ 320
Completing Proceedings For the )
County Fire Districts Boundary ) (Gov. C. Secs . 57081 (b) (1) (B) ,
Reorganization (LAFC 94-20) ; ) 57100, 57103 (a) , 57125, 57130-2,
Resolution Calling and Notice of ) 57133 (f) , 57134, 57137, 57140 (a) ,
Election In the Orinda Fire ) 57142 (a) , 57144-9, 57150 (e) ,
Protection District On the Question ) 57200-4, 57550)
of the Dissolution of the Orinda )
Fire Protection District and )
Annexation of the Territory Thereof )
to the Contra Costa County Fire )
Protection District )
Pursuant to the Cortese-Knox Act, Government Code sections 56000 et
seq. , the Board of Supervisors of the County of Contra Costa resolves as
follows :
1 . On or about January 25, 1994, the Board of Supervisors of Contra
Costa County, acting as the governing board of all fire districts
involved in this reorganization, adopted and filed a Resolution of
Application with the Local Agency Formation Commission (LAFCO) for
approval of the subject boundary reorganization, consisting of: a)
Annexation to the Contra Costa County Fire Protection District of all
territory presently within the Oakley, Orinda, Pinole, Riverview and
West County Fire Protection Districts and a portion of the territory
of the Bethel Island Fire Protection District; b) dissolution of the
Oakley, Orinda, Pinole, Riverview, and West County Fire Protection
Districts; and c) detachment of a portion of the territory of the
Bethel Island Fire Protection District.
2 . The reason for this proposal is to allow the provision of better
and more economic fire protection services to the area of all affected
Fire Protection Districts .
3 . On April 13, 1994, after noticed public hearing, LAFCO approved
the subject Reorganization, designating the matter as the County Fire
Districts Boundary Reorganization (LAFC 94-20) .
4 . On May 10, 1994, this Board held a noticed public hearing on the
subject Reorganization, receiving any protests that any person desired
to file, hearing all testimony that any person desired to present, and
receiving any letters or other documents that any person desired to
submit . This Board then closed said public hearing and found that no
legal protests had been filed against the Reorganization.
5 . On May 10, 1994, this Board adopted Resolution 94/275, completing
proceedings and ordering the County Fire Districts Boundary
Reorganization subject to the filing within 30 days thereof of any
petition sufficient to cause an election in any of the reorganized
Districts . Said Resolution 94/275, attached as Exhibit A hereto, is
incorporated as if set forth in full herein.
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RESOLUTION NO. 94/320
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6 . This Board hereby determines that a petition sufficient to cause
an election has been received within 30 days from May 10, 1994, for
the Orinda Fire Protection District .
7 . Accordingly, this Board hereby affirms Resolution 94/275 to
complete the Reorganization without election, except for the
dissolution of the Orinda Fire Protection District and annexation of
the territory thereof to the Contra Costa County Fire Protection
District . The Clerk of this Board shall forthwith transmit a certified
copy of this Resolution, along with a remittance to cover any
applicable fees as provided by the Government Code, to the Executive
Officer of the Local Agency Formation Commission so that the Executive
Officer can file a Certificate of Completion and Statement of Boundary
Change to complete and make effective said Reorganization exclusive of
the dissolution of the Orinda Fire Protection District and annexation
of the territory thereof to the Contra Costa County Fire Protection
District . As to the Orinda Fire Protection District, this Board hereby
orders that the dissolution of said District and annexation of the
territory of said District to the Contra Costa County Fire Protection
District, as part of said Reorganization under the terms and
conditions of Resolution 94/275 (attached hereto) , shall be subject to
confirmation by a simple majority of the resident voters of the Orinda
Fire Protection District voting in a special election to be held in
conjunction with the General Election scheduled for Tuesday, November
8, 1994 . The territory of the Orinda Fire Protection District is as
shown on Exhibit B hereto .
8 . A special election is hereby called for the voters residing in the
territory of the Orinda Fire Protection District for Tuesday, November
8, 1994, on the following question:
"Shall Resolution 94/275, adopted on May 10, 1994 by the Board of
Supervisors of Contra Costa County, ordering a reorganization
affecting the Contra Costa County Fire Protection District,
Oakley Fire Protection District, Pinole Fire Protection District,
Riverview Fire Protection District, Bethel Island Fire Protection
and Orinda Fire Protection, be confirmed as to the dissolution of
the Orinda Fire Protection District and annexation of the
territory of the Orinda Fire Protection District to the Contra
Costa County Fire Protection District, subject to the terms and
conditions specified in Resolution 94/275?"
9. The precincts and polling places for said special election in the
territory of the Orinda Fire Protection District shall be the same as
those for the General Election held the same day. Insofar as
applicable, the general election and local election provisions of the
Elections Code shall apply as to the qualification of voters, the
manner of voting, the form of the ballot, the duties of precinct and
election officers, the canvassing of returns and other particulars .
10 . The Clerk of the Board of Supervisors shall give notice of the
election by publication, posting, and mailing of this Resolution, in
accordance with Government Code Sections 57025 (a) , (b) , 57130 and
57131 .
11 . The Clerk of the Board of Supervisors shall immediately transmit,
by certified mail, a copy of this Resolution to the Executive Officer
of the Contra Costa Local Agency Formation Commission to notify said
Officer of the aforenoted election and request that said Officer
prepare and submit to the Commission an impartial analyis of the
matter to be voted upon, as required by Government Code Section 57144 .
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RESOLUTION NO. 94/320
Upon approval by the Commission, the Executive Officer is requested to
forward said analysis to the County Clerk (Elections Department) no
later than the last day for submission of rebuttal arguments, in
accordance with Government Code Sections 57144 and 57147 .
12 . The County Clerk (Elections Department) shall timely take all
actions specified in Government Code Sections 57145 through 57149,
including (but not limited to) setting the date for and publishing
notice of the submission of arguments for or against the question to
be voted upon.
13 . Upon completion of the election and canvass of the results
thereof, this Board will take such further action as is contemplated
by applicable law.
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RESOLUTION NO. 94/320