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TO: BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor Costa
DATE: September 12, 2000
County
SUBJECT: TAX EXCHANGE AGREEMENT FOR THE PROPOSED SUNSET VIEW/NEWMAN
ANNEXATION TO THE KENSINGTON FIRE PROTECTION DISTRICT (LAFC 00-36)
Specific Request(s) or Recommendations) & Background & Justification
RECOMMENDATIONS
ADOPT the attached resolution that determines the tax exchange for the proposed Sunset
View/Newman Annexation to the Kensington Fire Protection District (LAFC 00-36).
(Resolution No. 2000/432)
BACKGROUND
Section 99.01 of the Revenue and Taxation Code provides that a jurisdictional change resulting from a
special district providing one or more services to an area where such services have not been previously
provided shall not become effective if one or more affected special districts involved in the property tax
exchange negotiation fails to adopt a resolution agreeing to a transfer of incremental property. With the
exception of the annexing district, the Board of Supervisors shall determine the property tax exchange
for each affected district that fails to adopt a resolution.
The subject annexation is planned for LAFCO action on September 13, 2000. The Kensington Fire
Protection District requests the annexation of+/- 40.13 acres which include the Sunset View Cemetery
and the Newman/ Walstrom properties.
The tax exchange agreement stipulates that the formula in the master agreement between the County
and the Central Contra Costa County Sanitary District and the Easy Bay Municipal Utility District will be
applied to this annexation. The Board of the Kensington Fire Protection District is expected to take
action on a similar resolution September 13, 2000.
=. -Attachment:—YES Signature:
Recommendation of County Administrator Recommendation of Board Committee
�,✓"Approve Other
Signature(s):
Action of Boar ;d Approved as Recommended_" rr
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
X. UnanimousAbsent AND CORRECT COPY OF AN ACTION TAKEN
Unanimous (Absent AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Contact: Tony Enea(335-1094) Attested:
cc: County Administrator 4Pwilatchelor, Clerk of
Auditor-Controller the Board of Supervisors
LAFCO d County Adpiinistrator
J
By: DEPUTY
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY,STATE OF CALIFORNIA `
ADOPTED this order on September 12, 2000by the following vote:
AYES: SUPERVISORS GIOIA, UILK;EMA, DESAULNIER, CANCIAMILLA
NOES: DONE
ABSENT: SUPERVISOR GERBER
ABSTAIN: NONE
RESOLUTION NO. 20001432
SUBJECT: Determination of Property Tax Exchange)
for the Sunset View/Newman Annexation)
to the Kensington Fire Protection District(L AFC 00-30)
WHEREAS, Section 99.01 of the Revenue Taxation Code provides that a jurisdictional change
resulting from a special district providing one or more services to an area where such services have not
been previously provided shall not become effective if one or more affected special districts involved in
the property tax exchange negotiation fails to adopt a resolution agreeing to a transfer of incremental
property tax; and
WHEREAS,with the exception of the annexing district,the Board of Supervisors shall determine
the property tax exchange for each affected district that fails to adopt a resolution agreeing to a property
tax transfer; and
WHEREAS,the subject annexation to the Kensington Fire Protection District proposes annexation
of territory which results in the provision of services not formally previously provided and no resolution
or master agreement has been adopted by the Board of Supervisors and Kensington Fire Protection District
agreeing to property tax exchange; and
WHEREAS,in the absence of a master agreement for property tax exchange between the County
and Kensington Fire Protection District, the County and the District have agreed that the property tax
exchange agreement for this annexation will be in accordance with the terms of an existing master
agreement between the County and the Central Contra Costa Sanitary District(CCCSD) and the.East Bay
Municipal Utility District(EBMUD); and
WHEREAS,the formula in the agreement between the County and CCCSD and EBMUD has been
used as a model in many similar annexations that result in the annexing district receiving its proportionate
share of the incremental property tax, equivalent to that district's share in surrounding tax rate areas but
reduced because school districts are exempt by law from the tax transfer process.
NOW THEREFORE BE IT BY THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUNTY RESOLVED,that the property tax increment allocation factors for the affected agencies in the
area of the Sunset View/Newman Annexation to the Kensington.Fire Protection District for the fiscal year
for which the State Board of Equalization makes the tax rate area changes for this jurisdictional change
shall be in accordance with the above master agreement. Said property tax transfer agreement applies to
the affected territory as submitted or revised by the Local Agency Formation Commission. This resolution
does not change the property tax revenues accruing to other agencies serving the subject territory or the
affected districts'rights to collect taxes for existing bonded indebtedness.
I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of
the Board of Supervisors of the date aforesaid.
ATTESTED:
Phil Batchelor, of the Board of
Supervisors and County Administrator
By
Deputy Clerk
cc: County Administrator
Auditor-Controller
Local Agency Formation Commission
Kensington Fire Protection District
RESOLUTION NO. 2000/432