HomeMy WebLinkAboutMINUTES - 11172015 - C.55RECOMMENDATION(S):
ADOPT Resolution No. 2015/415 determining the allocation of property tax between the County of Contra Costa and
the City of Concord for the Ayers Ranch Area.
FISCAL IMPACT:
This tax sharing proposal would provide for the County to share a portion of its current share of property taxes in the
Ayers Ranch Area with the City of Concord. Under the terms of the agreement, the County will transfer 70% of its
base property tax revenue and 70% of its increment revenues from the area to the City of Concord, estimated at
$130,000 annually, upon annexation. (100% County General Fund)
BACKGROUND:
The proposed Ayers Ranch Area Reorganization to the City of Concord involves the future annexation of +/- 188.6
acres that are within the sphere of influence of the City and generally located southeast of Bailey Rd, northeast of
Concord Blvd., southwest of Concord Naval Weapons Station and northwest of Ayers Rd. Included in the property
tax exchange agreement is the Laurel Place/Pleasant View Annexation to the City of Concord (LAFCO 09-07) that
was approved by LAFCO on August 12, 2015. LAFCO 09-07 includes 5.86 acres at the northwesterly end of Laurel
Drive.
Ayers Ranch is an unincorporated island surrounded by the City of Concord containing approximately 306 residential
parcels. Most of the residential properties in the Ayers Ranch area were originally constructed with septic systems.
Septic systems have been failing, creating the need for these property owners to either repair their septic systems or
receive sanitary sewer service from the City of Concord.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 11/17/2015 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: Rich Seithel 674-7869
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: November 17, 2015
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie L. Mello, Deputy
cc: Bob Campbell, Valerie Barone, Eric Gelston , John Oborne
C. 55
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:November 17, 2015
Contra
Costa
County
Subject:Ayers Ranch Property Tax Exchange
The City is considering annexation of the Ayers Ranch Area in order to provide a logical boundary and to facilitate
the provision of City services, in particular sanitary sewer service, in accordance with Government Code Section
56133. Government Code Section 56133 states:
BACKGROUND: (CONT'D)
A city or district may provide new or extended services by contract or agreement outside its jurisdictional
boundaries only if it first requests and receives written approval from the commission in the affected county;
1.
The commission may authorize a city or district to provide new or extended services outside its
jurisdictional boundaries but within its sphere of influence in anticipation of a later change of organization,
and;
2.
The commission may authorize a city or district to provide new or extended services outside its
jurisdictional boundaries and outside its sphere of influence to respond to an existing or impending threat
to the public health or safety of the residents of the affected territory.
3.
On September 8, 2015, the City of Concord adopted Resolution # 15-59 establishing a non-binding strategy to
annex the Ayers Ranch Area within the sphere of influence by the year 2030. The application of of the proposed
70/30 property tax allocation/exchange will occur once the entire Ayers Ranch Area is annexed to the City of
Concord. The proposed property tax exchange will satisfy Government Code Section 56133 and allow the City to
apply apply for, and the Commission to consider, Out of Agency Service Agreements until the whole of Ayers
Ranch is annexed. As noted above, the City of Concord has set the goal and timeline for completing the
annexation of Ayers Ranch by the year 2030. Attached is a map of the Ayers Ranch Area and the City of Concord
Resolution # 15-59.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board elect not to adopt Resolution No. 2015/415, the City of Concord will be unable to apply for an
Out of Agency Service Agreement to provide sanitary sewer service in replacement of failing septic systems.
ATTACHMENTS
Resolution No. 2015/415
Exhibit A Map of Ayers Area
Concord Resolution
LAFCO Reso 09-07
LAFCO 09-07 map and legal description
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Map Created 03/19/2012by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map was created by the Contra Costa County Department of Conservation andDevelopment with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.®
Ayers Ranch Area
FormerConcordNavalWeaponsStation
AyersElementarySchool
YgnacioValley ChristianSchool
Exhibit A
RESOLUTION NO. 09-07
RESOLUTION OF THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION
MAKING DETERMINATIONS AND APPROVING
LAUREL PLACE/PLEASANT VIEW ANNEXATION TO THE CITY OF CONCORD AND
CORRESPONDING DETACHMENT FROM COUNTY SERVICE AREA P-6
WHEREAS, a proposal to annex territory to the City of Concord was filed with Executive Officer
of the Contra Costa Local Agency Formation Commission by an affected landowner pursuant to the
Cortese-Knox-Hertzberg Local Government Reorganization Act (Section 56000 et seq. of the Government
Code); and
WHEREAS, the Executive Officer has examined the application and executed her certification
in accordance with law, determining and certifying that the filing is sufficient; and
WHEREAS, at the time and in the manner required by law the Executive Officer has given notice
of the Commission's consideration of this proposal;and
WHEREAS, the Commission heard, discussed and considered all oral and written testimony related
to the Laurel Place/Pleasant View Annexation proposal including, but not limited to, the Executive
Officer's report and recommendation, the environmental document or determination, Spheres of Influence
and applicable General and Specific Plans; and
WHEREAS, at a public hearing on August 12, 2015, the Commission amended the proposal to
include the concurrent detachment of the subject property from County Service Area(CSA) P-6; and
WHEREAS, the Local Agency Formation Commission determines the Laurel Place/Pleasant View
Annexation proposal to be in the best interests of the affected area and the organization of local
governmental agencies within Contra Costa County;
NOW, THEREFORE, the Contra Costa Local Agency Formation Commission DOES HEREBY
RESOLVE, DETERMINE AND ORDER as follows:
1. Determine that Contra Costa County, as Lead Agency, prepared and adopted a Mitigated
Negative Declaration relating to the Laurel Place Lots pursuant to the California Environmental
Quality Act(CEQA).
2.Determine that Contra Costa LAFCO, as a Responsible Agency, prepared an Addendum to the
County's Mitigated Negative Declaration and has considered the Addendum with the adopted
Mitigated Negative Declaration.
3.Said boundary reorganization is hereby approved.
4.The subject proposal is assigned the distinctive short-form designation:
LAUREL PLACE/PLEASANT ANNEXATION TO THE CITY OF CONCORD AND
CORRESPONDING DETACHMENT FROM COUNTY SERVICE AREA P-6
5. The boundaries of the affected territory are found to be definite and certain as approved and set
forth in Exhibit A, attached hereto and made a part hereof.
Contra Costa LAFCO
Resolution No. 09-07
6. The subject territory shall be liable for any existing bonded indebtedness of the annexing
agency, if applicable.
7. The subject territory shall be liable for any authorized or existing taxes, charges and assessments
comparable to properties within the annexing agency.
8. Prior to recordation, the applicant shall deliver an executed indemnification agreement
providing for the applicant to indemnify LAFCO against any expenses arising from any legal
actions challenging the annexation.
9. LAFCO will defer recordation of annexation map for up to one year (August 2, 2016) to allow
the developer time to complete site and house construction and obtain necessary County
permits.
10. Said territory is found to be inhabited.
11. The proposal has 100% landowner consent; no affected landowners/registered voters opposed
the annexation. Said conducting authority proceedings are hereby waived.
12. All subsequent proceedings in connection with this boundary reorganization shall be conducted
only in compliance with the approved boundaries set forth in the attachments and any terms and
conditions specified in this resolution.
PASSED AND ADOPTED THIS 12th day of August 2015, by the following vote:
AYES: Andersen (A), Blubaugh, McGill, Schroder, Skaredoff,Tatzin
NOES: none
ABSTENTIONS: none
ABSEN 1 er ), Piepho (M)
ir‘,
ROB SCHRODER, CHAIR, CONTRA COSTA LAFCO
I hereby certibi that this is a correct copy of a resolution passed and adopted by this Commission on the
date stated.
Dated: August 12, 2015
dir/Lou Ann Texeira, Executive Officer
EXHIBIT "A"
ANNEXATION NO. XX-YY
ANNEXATION TO THE CITY OF CONCORD
GEOGRAPHIC DESCRIPTION
All that certain property, situate in portions of Section 3, Township 1 North, Range
1 West and Section 34, Township 2 North, Range 1 West, Mount Diablo Base and
Meridian, in the County of Contra Costa, State of California, described as follows:
Beginning at the northwesterly terminus of the centerline of Laurel Drive, 50.00 feet
wide, said point being 1,935.61 feet northwesterly from the centerline intersection
of Ayers Road;
Thence, (1) South 16° 51' 56" West 28.05 feet;
Thence, (2) South 46° 09' 54" East 246.07 feet;
Thence, (3) South 43° 48' 45" West 387.64 feet, to the Concord City Limit;
Thence, continuing along the Concord border, (4) North 46°10' 46"West 52.18 feet;
Thence, (5) North 46° 8' 18"West, 10.80 feet;
Thence, (6) on a tangent curve concave to the southwest,having a radius of 56.30
feet, through a central angle of 26° 59' 46", an arc length of 26.53 feet and a chord
distance of 26.28 feet to a point on said curve, a radial (7) to said point bearing
North 16° 51' 56" East;
Thence, (8) North 73° 8' 4"West, 24.82 feet;
Thence, (9) North 16° 51' 56" East, 268.00 feet;
Thence, (10) departing from the Concord border, North 16° 51' 56" East, 594.52
feet;
Thence, (11) on a tangent curve concave to the northwest, having a radius of
1,158.63 feet, ttirbugh a central angle of 11°44' 39", an arc length of 237.49 feet and
a chord distance of 237.07 feet to a point on said curve, a radial (12) to said point
bearing South 84° 52' 43" East;
Thence, (13) South 73°08' 04" East 84.25 feet;
1
Thence, (14) South 16°51' 56" West 149.93 feet;
Thence, (15) South 46°10' 11" East 414.40 feet;
Thence, (16) South 43°50' 05" West 402.65 feet;
Thence, (17) North 46°09' 54: West 209.52 feet;
Thence, (18) South 16° 51' 56"West 28.05 feet to the centerline of said Laurel Drive
and the Point of Beginning and containing 5.86 acres of land, more or less.
For assessment purposes only. This description of land is not a legal property
description as defined in the Subdivision Map Act and may not be used as the basis for
an offer for sale of the land described.
M
County Surveyor Approval
2
A.P.N.
1 16-100-001 iT BB"
A.P.N. \ I
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116-070-007 \
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A.P.N.
116-100-016
m
A.P.N.
A.P.N. A.P.N. A.P.N.
116-100-017
116-100-003 116-100-038 116-100-041
CPC°-
15
I
A.P.N.
116-063-008
A.P.N. A.P.N.
116-063-007
1
116-100-046
i
A.P.N.0
116-063-006 / \ I
CONTAINING 5.86 ACRES
MORE OR LESS
A.P.N.
0 so 100 A.P.N. 116-100-045
l_i
116-063-005
SCALE: 1' = 100'
1935.61'POB TO
AYERS ROAD
A.P.N.
116-063-004 I q. AYERS
COURSES: P.O.B. ROAD ---\....
26.,1 5 16'51'56"W 28.05' r -_ _ -
2 S 46'09'54"E 246.07' n
3 S 4Y 48'45"W 387.64'
O 0
LAUREL DRIVE JNr
4 W 46' 10'46"W 52.18' A.P.N.
5 N 46'8' 18"W 10.80'116-063-003
6 A=26'59'46" L=26.53' C=26.28' R=56.30' A.P.N.
7 N16'51'56"E A.P.N. APN
8 N 73'8'4"W 24.82'
116-120-049 116-120-055 116-
9 N 16'51'56"E 268.00'120-
10 N16'S1'S6"E 594.52' 027
I A=11'44'39" L=237.39' C=237.07' R=1158.63'
116-063-00212S84'52'43"E
13 S 73'08'04"E 84.25
14 S 16'51'56"W 149.93'
15 S 46' 10' 11"E 414.40' MN
16 S 43'50'05"W 402.65' A.P.N. A.P.N. 116-
17 N 46'09'54"W 209.52' 116-063-001 116-120-056 120-
18 S 16'51'56"W 28.05' 028
CONCORD CITY LIMIT
APN
A.P.N. 116-
A.P.N
116-120-057 120-
116-040-062 \\
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A.P.N. 116-
9 116-120-058 120-
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030
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APN
COUNTY SURVEYOR APPROVAL V
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0 116_
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A.P.N
116-120-059