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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 La u r e l D r C o n c o r d C o n c o r d C o n c o r d B l v d M y r t l e D r Laur e l D r Oli v e D r Ayers Rd N e t t o D r Claycord Ave Laura Dr Jom a r D r Lod a t o C t To b i D r H a m e s D r Cora l C t Kirkwood Ct Greer Ave Judith Pl Andrews Dr Polk St Earl Ln Dixon Ln Ellard PlHolly Dr Je r i P l Netto Ct Gyger Ct Nat h a l e e D r Springridge Ct Debra Ln R o b e r t s C t Anita Ct Oleary Ln Laura Ct Swista Way Diab l o V i s t a C t Olive Dr Ayers Rd Bailey Rd0 500 1,000250Feet 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 L 116-070-007 \ I 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 \\ 029 MN A.P.N. 116- 9 116-120-058 120- a_ 030 5 Y c,-8 6 APN COUNTY SURVEYOR APPROVAL V l', 0 116_ 0 \\ 039 A.P.N 116-120-059