HomeMy WebLinkAboutMINUTES - 06032014 - C.61RECOMMENDATION(S):
APPROVE Appropriations Adjustment No. 5078 transferring appropriations in the amount of $400,000 from the
County's Contingency Reserve (0990) to the Economic Promotion budget (0135) to provide for the July 2014 County
Infrastructure Funding Contribution ($300,000) and Implementation Contribution ($100,000) required by the Joint
Powers Agreement (JPA) between the County and the City of Antioch for funding infrastructure improvements and
related planning and building inspection services to develop annexed areas in Northeast Antioch.
FISCAL IMPACT:
This action would reduce the 2013/14 General Fund Reserve for Contingencies by $400,000.
Various infrastructure improvements will be required in Area 2B following annexation. The JPA provides for the
contribution of City and County funds toward the construction of Area 2B infrastructure improvements. If the
improvements are constructed, the JPA requires that the County and the City each contribute $300,000 per year for
10 years (i.e., $3 million each) toward Area 2B infrastructure improvements. The JPA also requires that the County
and the City each budget and set aside $100,000 per year for five years (i.e. $500,000 each) from property tax
revenues generated in Area 1 to pay their respective staff and consultant costs to implement the JPA.
It has been determined that, if Area 1 annexes to the City, County planning and building inspection services will be
necessary to assist with the development of a portion of Area 1 (the “Forestar Property”). Under terms specified in
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/03/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Julie DiMaggio Enea
925.335.1077
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: June 3, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 61
To:Board of Supervisors
From:David Twa, County Administrator
Date:June 3, 2014
Contra
Costa
County
Subject:NORTHEAST ANTIOCH ANNEXATION - JOINT POWERS AGREEMENT INFRASTRUCTURE AND
IMPLEMENTATION PAYMENTS
FISCAL IMPACT: (CONT'D)
> the JPA, the County will provide certain planning and building inspection services to the City. Costs of these
services will be paid by applicants for development of the Forestar Property.
The JPA requires the following payment schedule:
BACKGROUND:
On November 13, 2013, the Board of Supervisors executed a Reorganization and Tax Revenue Allocation
Agreement and a Joint Powers Agreement (JPA) with the City of Antioch to implement the annexation of areas
located near Northeast Antioch. Areas designated as 1 and 2B were annexed to the City of Antioch effective
February 13, 2014, which became the operative date of the JPA.
In general, the Tax Allocation Agreement apportions 62% of ad valorem property taxes to the County and 38% to
the City. This includes property taxes for state assessed merchant power plants subject to assessment under
Revenue and Taxation Code section 100.9. The City and the County will each receive 50% of all existing and
future sales and use taxes with the exception that sales taxes derived from locally voter approved ballot measures
will go to the City. The Tax Allocation Agreement also apportions other kinds of revenues, such as gas surcharge
and utility revenues. The County will receive the first $200,000 of gas surcharge revenue generated under the
Public Utilities Code for the parcels where the NRG Energy facility is located. The County will receive 50% of
gas surcharge revenue in excess of the first $200,000. The City will receive the remainder. The County will
receive 100% of gas surcharge revenue generated from areas outside of the NRG parcels, but within the
annexation area. The County will receive 40% of the local jurisdiction (City’s) portion of property tax revenues
for state assessed property subject to R&T Code Section 100.95 (qualified power plants).
Area 2B, also known as the Viera Avenue residential area, is lacking certain services (e.g. sewer and water). The
cost of providing this infrastructure is substantial, with estimates up to $21 million. A primary purpose of the JPA
was to provide a funding mechanism to attempt to address these issues. The JPA requires the County and the City
to each contribute $3 million ($300,000 per year for a ten year period) towards the infrastructure improvements
(see JPA excerpts below). Since Areas 1 and 2B were annexed in February 2014, the County’s payments will
begin on July 1, 2014. The County’s only obligation regarding the Area 2B infrastructure improvements is to
make these payments towards construction costs. The City will decide if and when to make the infrastructure
improvements and will handle all construction-related activities. If the City constructs any Area 2B infrastructure
improvements, equal amounts of the City and County contributions must be expended for this purpose. If the City
elects not to construct the infrastructure improvements or construction costs are less than $6 million, the City is
required to return to the County all unspent County contributions. If, at the end of the 10-year period, it turns out
that more County funds than City funds were used for the infrastructure improvements, the City is required to
reimburse the County an amount necessary to equalize both parties’ contributions.
The requested budgetary adjustment will provide for the first two of four payments due in FY 2014/15. The
implementation payment is a reserve for costs incurred by the County's Conservation and Development
Department related to implementation of the JPA.
:
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board not approve the recommendation, the Auditor will be unable to make the July 2014 payment
required of the County by the JPA.
CHILDREN'S IMPACT STATEMENT:
N/A
ATTACHMENTS
AP005078 NE Antioch Annexation JPA Pmts