RESOLUTION NO. 09-007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES
ADOPTING THE CONTRA COSTA COUNTY MEASURE L, URBAN LIMIT LINE (ULL) AS THE CITY'S ADOPTED URBAN LIMIT LINE
WHEREAS, the Measure J (2004) Transportation Expenditure Plan includes a Growth Management Program (GMP) which contains an urban limit line component mandating that local jurisdictions must adopt and continuously comply with a voter approved urban limit line no later than April 1, 2009 in order to receive their shares of Measure J Local Street Maintenance and Improvement Funds and to be eligible to receive Measure J Transportation for Livable Community funds; and
HEREAS, Measure J includes Principles incorporated therein tv relarencee Urban amit Line (the ULL Principles), Attch. A to the GM.
WHEREAS, the ULL Principles, as amended by the Contra Costa Transportation Authority on November 15, 2006, state that a local jurisdiction may adopt a "County ULL" which is defined as the ULL adopted by the Contra Costa County Board of Supervisors and passed by the voters at a countywide election (after November, 2004); and passed by a majoris, of easure i Conur, Costa atra November Boar Board if Sue aisor ULL, Was WHEREAS, the Measure L ULL, was also approved by a majority of the voters in the City of Hercules at the November 7, 2006 election, as certified by the County Cierk; and WHEREAS, the City of Hercules wishes to adopt the Measure L ULL (referred to hereinafter as the County ULL) as its ULL specifically as it applies to the City of Hercules boundaries for the purpose of compliance with Measure J Growth Management Program; and WHEREAS, on July 25, 2006, the Contra Costa County Board of Supervisors, the Lead Agency for the project under the California Environmental Quality Act ("CEQA"), adopted a Negative Declaration (State Clearinghouse No. 2006012134) on the "November 7, 2006 General Election, Urban Limit Line Ballot Measure Sponsored by Contra Costa County Board of Supervisors": and
WHEREAS, the Negative Declaration determined that the adoption of the Measure L ULL would not have any significant impacts on the environment.
NOW. THEREFORE, BE IT RESOLVED, by the City Council of the City of Hercules as follows:
1. The City Council finds that the Negative Declaration completed and adopted by Contra Costa County has been completed in compliance with the California Environmental Quality Act (CEQA) and the information contained in the Negative Declaration was reviewed and considered prior to approval of this project.
2. The City Council finds, in its independent judgment, that the proposed project is consistent with and within the scope of the Negative Declaration completed and adopted by Contra Costa County and that none of the conditions requiring a subsequent or a supplemental environmental report stated in Section 15162 of the CEQA Guidelines apply to the project.
Since adoption of the Negative Declaration, there have been no substantial changes to the project as initially identified in the project scope, nor has there been any substantial change to the surrounding environment or the circumstances under which the project will be undertaken. No new information of substantial importance has been presented or made available indicating that the project has new significant environmental impacts, or that the project's identified impacts are substantially more severe than previously identified, and/or would reduce significant environmental impacts more than previously disclosed.
3. The City of Hercules accepts, adopts and approves, for the purposes of compliance with the Measure J GMP, the County ULL boundary for urban development as its applicable voter-approved ULL with regard to the boundaries of the City of Hercules; and
4. The City of Hercules may adopt conditions for revising the physical boundary of the County ULL to allow the City of Hercules to make adjustments of 30 or fewer acres, and/or to address issues of unconstitutional takings, or to conform to state and federal law; and
5. The City of Hercules shall not make adjustments of greater than 30 acres to the physical boundary of the adopted County ULL unless those adjustments have been approved by the voters in accordance with the ULL Principles; and
6. The City of Hercules has considered the environmental effects of the project as shown in the Negative Declaration prepared by the County and shall file a Notice of Determination in accordance with the State CEQA Guidelines Sections 15075 and 15090(i) within five working days after approval of this resolution.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 13" day of January, 2009 by the following vote of the City Council:
AYES: Balico, Kuehne, Valstad, Ward, McDonald
NOES: None
ABSENT: None
Cas Ediatel
Joe Eddy McDonald, Mayor
ATTEST: TERPORATEO
SEAL
Doree&Mathews, City Clerk
PEC. 15.1900
CUSTA COUNTY/