HomeMy WebLinkAboutItem 4.07 Detach From Livermore Recreation District (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 13 , 1992
SUBJECT: Detachment from Livermore Area Recreation and
Park District
REPORT PREPARED BY: Laurence L. Tong, Planning Director
EXHIBITS ATTACHED: Attachment 1: Resolution of Application for
detachment from Livermore Area
Recreation and Park District
Attachment 2: Resolution approving agreement
with County of Alameda
regarding tax exchange upon
detachment of portion of
Livermore Area Recreation and
Park District
RECOMMENDATION: 1) Adopt Resolution of Application for
detachment from Livermore Area
Recreation and Park District
n\ rQ (Attachment 1)
°( U 2) Adopt Resolution approving agreement
with County of Alameda regarding Tax
Exchange upon detachment of portion of
Livermore Area Recreation and Park
District (Attachment 2) , and
3) Direct Staff to prepare and submit an
application to Alameda County LAFCO
(Local Agency Formation Commission) .
FINANCIAL STATEMENT: - Undetermined cost to prepare detailed
description(s) and map(s) to meet LAFCO
application requirements.
- Future tax revenues that would have
accrued to LARPD would be shifted to
Alameda County.
DESCRIPTION:
In 1986, the City of Dublin annexed approximately 2,700 acres in
Annexation No. 2 Public Lands (Camp Parks) . Two of the properties
that were part of Annexation No. 2 were inadvertently left a part of
the Livermore Area Recreation and Park District (LARPD) . The two
properties currently contain old military structures awaiting
demolition and vacant, undeveloped land. The area does not generate
any property tax. The area totals approximately 194 acres:
- The Surplus Property Authority of the County of Alameda owns
approximately 190 acres of the area.
- The United States of America, Immigration and Naturalization
Service, owns approximately 4 acres of the area.
At the time of annexation, future park and recreation services
were to be provided by the City of Dublin, DSRSD (the Dublin San Ramon
Services District) , and EBRPD (the East Bay Regional Park District) .
As future development generated the need for park and recreation
services, the City of Dublin and DSRSD would provide neighborhood park
and recreation services and EBRPD would provide regional park and
recreation services.
Since annexation, DSRSD's responsibilities to provide
neighborhood park and recreation services have been shifted to the
City of Dublin.
Since the two properties are currently within both the City of
Dublin's and LARPD's service areas, there could be a needless
duplication of neighborhood park and recreation services in the
future. To avoid the potential duplication of services, Alameda
County LAFCO (Local Agency Formation Commission) would need to approve
the detachment.
The City Staff has worked with the Alameda County Staff to
correct this situation. Staff recommends that the City Council adopt
the two resolutions related to the detachment from LARPD and direct
Staff to prepare and submit an application to LAFCO.
ITEM NO. COPIES TO: General/Agenda File
[larpd]
CITY CLERIC
FILE L Z 0 Q
RESOLUTION NO. - 92
RESOLUTION OF THE CITY OF DUBLIN
RESOLUTION OF APPLICATION
(DETACHMENT FROM LIVERMORE AREA RECREATION AND PARK DISTRICT)
RECITALS
1. Pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985 (Government Code section 56000 et sea. )
an affected city, as therein defined, may be resolution adopted by
its legislative body, make a proposal for a "change of
organization" and request initiation of proceedings thereon.
2 . The City of Dublin is an affected city for a change of
organization which includes territory within the City proposed to
be detached from a special district.
3 . The change of organization would detach the territory
described in Exhibit A, attached hereto, from the Livermore Area
Recreation and Park District, a special district.
4 . The territory described in Exhibit A is uninhabited
territory within the meaning of Government Code section 56046.
5. The exterior boundaries of the territory described in
Exhibit A are as shown on Exhibit B, attached hereto.
6 . This change of organization is proposed by the City of
Dublin to implement terms of the 1985 annexation of the territory
to the City of Dublin.
7. The territory described in Exhibit A is within the sphere
of influence of the City of Dublin.
8. If determined appropriate by LAFCO, the City Council
consents to act as the conducting authority for the proposed change
of organization.
NOW, THEREFORE, BE IT RESOLVED THAT
A. The foregoing recitals are true and correct.
B. The City Council of the City of Dublin does hereby make a
proposal for a change of organization, pursuant to the Cortese-Knox
Act, to detach the territory described in Exhibit A from the
Livermore Area Recreation and Park District, and does hereby
request that proceedings be taken pursuant to that Act.
C. This proposal is consistent with the sphere of influence
of the City of Dublin.
D. This proposal is made subject to the following terms and
conditions: The description in Exhibit A and the map on Exhibit B
are preliminary and are subject to more detailed description(s) and
ATTACHMENT
map(s) to be prepared and submitted with the application to the
Alameda County Local Agency Formation Commission. Adjustment to
` the description of the territory (Exhibit A) to be made as deemed
necessary by the County Surveyor.
E. This proposal is categorically exempt from the
requirements of the California Environmental Quality Act pursuant
to section 15320 of the State CEQA Guidelines.
F. The City Clerk is directed to file a certified copy of
this resolution with the Executive Office of the Alameda County
Local Agency Formation Commission.
PASSED, APPROVED, AND ADOPTED this day of July, 1992, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
EXHIBIT A
The territory is described as follows:
1 . That portion of the property identified as County of Alameda
Assessor's Parcel Number 946-015-1-4 within Tax Rate Area 26-013 ,
covering approximately 190+ acres, generally located northwest of the
intersection of Tassajara Road and Interstate Highway 580 in the City
of Dublin; and
2 . The property identified as County of Alameda Assessor's
Parcel Number 946-015-2 and Tax Rate Area 26-012, covering
approximately 4.17 acres, generally located on the west side of
Tassajara Road north of Interstate Highway 580 in the City of Dublin.
The territory covers a total area of approximately 194.17± acres.
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RESOLUTION NO. - 92
RESOLUTION OF THE CITY OF DUBLIN
APPROVING AGREEMENT WITH COUNTY OF ALAMEDA
REGARDING TAX EXCHANGE UPON DETACHMENT OF PORTION OF
LIVERMORE AREA RECREATION AND PARR DISTRICT
WHEREAS, Revenue and Taxation Code section 99 requires local
agencies whose service area or service responsibility will be
altered by a proposed jurisdictional change to negotiate in an
attempt to reach agreement regarding the amount of property tax
revenues to be exchanged between the local agencies upon the
jurisdictional change; and
WHEREAS, Revenue and Taxation Code section 99 (b) (5) provides
that if a jurisdictional change will alter the service area or
service responsibility of a special district, the board of
supervisors of the county in which the special district is located
shall, on behalf of the special district, negotiate any exchange
of property tax revenues; and
WHEREAS, the Livermore Area Recreation and Park District is
a special district; and
WHEREAS, the City Council has adopted a resolution of
application initiating proceedings to detach a portion of the City
of Dublin from the Livermore Area Recreation and Park District; and
WHEREAS, an agreement entitled "Agreement Between County of
Alameda and City of Dublin Regarding Tax Exchange Upon Detachment
of Portion of Livermore Area Recreation and Park District, " a copy
of which is attached hereto as Exhibit A, has been prepared; and
WHEREAS, the City Council is familiar with the terms and
provisions of the agreement and the City Manager recommends
approval of the agreement;
NOW, THEREFORE, BE IT RESOLVED THAT the City Council approves
the agreement attached as Exhibit A and authorizes and directs the
Mayor to sign the agreement.
ATTACHMENT
BE IT FURTHER RESOLVED THAT the City Clerk is directed to
forward a certified copy of this resolution and the signed
agreement to the Executive Director of LAFCO.
PASSED, APPROVED, AND ADOPTED this day of July, 1992, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
ATTEST:
CLERK
114\RESOL\LARPD.RES
AGREEMENT BETWEEN COUNTY OF ALAMEDA AND
CITY OF DUBLIN REGARDING TAX EXCHANGE
UPON DETACHMENT OF PORTION OF LIVERMORE AREA
RECREATION AND PARR DISTRICT
THIS AGREEMENT, dated for identification this day of July,
1992 , is entered into between the City of Dublin ("CITY") , a
municipal corporation and the County of Alameda ("COUNTY") , a
political subdivision of the State of California.
RECITALS
A. The Livermore Area Recreation and Park District is a
special district located within the County of Alameda.
B. Revenue and Taxation Code section 99 requires the local
agencies whose service area or service responsibility will be
altered by a proposed jurisdictional change to negotiate in an
attempt to reach agreement regarding the amount of property tax
revenues to be exchanged between the local agencies upon the
jurisdictional change.
C. Revenue and Taxation Code section 99 (b) (5) provides that
if a jurisdictional change will alter the service area or service
responsibility of a special district, the board of supervisors of
the county in which the special district is located shall, on
behalf of the special district, negotiate any exchange of property
tax revenues.
D. The Board of Supervisors enters into this Agreement on
behalf of the Livermore Area Recreation and Park District
("LARPD") , pursuant to Revenue and Taxation Code section 99 .
E. It is contemplated that CITY will apply to the Local
Agency Formation Commission for detachment from LARPD of the areas
within Tax Rate Areas 26-012 and 26-013 , which areas are located
within the incorporated limits of CITY.
AGREEMENT
1. Recitals
The foregoing recitals are true and correct and are part of
this Agreement.
2 . Exchange of Property Tax Revenues Upon Detachment from
LARPD
Upon detachment of the property within Tax Rate Areas 26-012
and 26-013 , COUNTY shall receive all property tax revenues received
by LARPD within such Tax Rate Areas at the time of detachment.
CITY and COUNTY agree to adopt resolutions accepting this exchange
of tax revenues, if required by the executive officer of the Local
Agency Formation Commission at the time of an application for
detachment from LARPD.
3 . Effective Date
This Agreement shall become effective upon approval of this
Agreement by CITY' s City Council and COUNTY' s Board of Supervisors.
CITY OF DUBLIN
Dated:
Mayor
Approved as to form:
City Attorney
COUNTY OF ALAMEDA
Dated:
Chairman of the Board
Approved as to form:
County Counsel
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