To: BOARD OF SUPERVISORS
From: County Counsel and Planning and Building Services
Meeting Date: October 8, 2024
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Department Contact: |
Matthew Kiedrowski |
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707-234-6885 |
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Department Contact: |
Julia Krog |
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707-234-6650 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Rescinding the Adoption of Resolution No. 24-065 and Revoking Boundary Line Adjustments B_2018-0068 and B_2019-0054, Located Near the Community of Irish Beach on the Basis that the Boundary Line Adjustments were Void Ab Initio
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Recommended Action/Motion:
recommendation
Adopt Resolution rescinding resolution No. 24-065 revoking Boundary Line Adjustments B_2018-0068 and B_2019-0054, located near the community of Irish Beach on the basis that the Boundary Line Adjustments were Void Ab Initio; and authorize Chair to sign same.
End
Previous Board/Board Committee Actions:
On April 23, 2024, the Board of Supervisors adopted Resolution No. 24-065 Revoking Boundary Line Adjustments B_2018-0068 and B_2019-0054, Located Near the Community of Irish Beach and Currently Known as APNs: 132-210-61, 132-210-62, 132-210-63 and 132-210-64.
Summary of Request:
The Coastal Permit Administrator approved Boundary Line Adjustment B_2018-0068 on June 13, 2019 reconfiguring two (2) assessor parcel numbers (APNs), at that time known as APNs 132-210-40 and 132-210-41. The Boundary Line Adjustment was finalized on November 21, 2019.
The Coastal Permit Administrator approved Boundary Line Adjustment B_2019-0054 on June 11, 2020 reconfiguring the boundaries between three (3) assessor parcel numbers and merging a fourth assessor parcel number (then APNs 132-210-37, 132-210-38, 132-210-39, and 132-210-61). Note that APN 132-210-61 is a renumbered APN that was involved in B_2018-0068; following a boundary line adjustment in Mendocino County, APNs are typically renumbered. The Boundary Line Adjustment was finalized on August 28, 2020.
Subsequent to the finalization of the two above referenced Boundary Line Adjustments, staff conducted research on the parcel history of the above referenced assessor parcel numbers as part of the processing of a General Plan Amendment and Rezoning request for these sites (GP_2019-0006/R_2019-0008). This research located documents referencing both a previous Administrative Appeal (AA 2-2001) and a court case between the property owner, William Moores, and Mendocino County that explicitly dealt with several of the parcels at issue in the General Plan Amendment and Rezoning request.
Moores v. Board of Supervisors of Mendocino County (2004) 122 Cal. App. 4th 883 (Moores), involved an action by William Moores seeking to set aside the determination of the County that property then-identified as Assessor’s Parcel Numbers (APNs) 132-210-37, -38, -39, -40, and -41 had been merged by operation of law into a single legal parcel pursuant to the County’s merger ordinance. The case affirmed the determination of the County and confirmed that the referenced APNs had been merged by operation of law as of 1981. As such, the listed APNs are not separate legal parcels. The effect of the Moores case called into question the approval of Boundary Line Adjustments B_2018-0068 and B_2019-0054. These boundary line adjustments both involved adjusting the boundaries of several of the above-referenced APNs. As a result of the Court’s determination in Moores, there were no boundaries to adjust, since these APNs were not separate legal parcels but a single legal parcel that had been merged by operation of law.
Pursuant to Mendocino County Code section 20.536.035, the Coastal Permit Administrator revoked Boundary Line Adjustments B_2018-0068 and B_2019-0054 on November 9, 2023. The Coastal Permit Administrator determined that Boundary Line Adjustments B_2018-0068 and B_2019-0054 were obtained by fraud. On November 17, 2023, Colin W. Morrow, on behalf of clients William and Tona Moores, filed an appeal of the Coastal Permit Administrator’s revocation of Boundary Line Adjustments B_2018-0068 and B_2019-0054.
In preparing the appeal to be heard by the Board of Supervisors on April 23, 2024, staff included a separate reason for denial of the Boundary Line Adjustments, which is that they were void ab initio, or void from the very beginning, because as a matter of law (under Moores) there were no parcel boundaries to adjust.
After the public hearing regarding the appeal at its April 23, 2024, meeting, the Board of Supervisors adopted a resolution affirming the Coastal Permit Administrator’s revocation and also further finding that the Boundary Line Adjustments were void ab initio.
Following the Board’s April 23, 2024, action, counsel for the Moores’ contacted the County and communicated that the Moores intended to challenge the adoption of Resolution No. 24-065. In discussing the matter with the Moores’ counsel, it was offered that the Moores’ would not challenge the adoption of Resolution No. 24-065 if the Boundary Line Adjustments were revoked solely on the basis of being void ab initio and not because of any fraud against the County.
Because this pathway retains the revocation of the Boundary Line Adjustments and avoids litigation, staff have brought this agenda item forward and prepared a resolution for the Board’s consideration. As this proposed agenda item still results in the Boundary Line Adjustments being revoked and no rights of adjacent property owners have been affected, no additional public noticing has been performed.
Alternative Action/Motion:
Provide direction to staff.
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: District 5
Vote Requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
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current f/y cost: N/A |
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budget clarification: N/A |
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annual recurring cost: N/A |
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budgeted in current f/y (if no, please describe): N/A |
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revenue agreement: N/A |
AGREEMENT/RESOLUTION/ORDINANCE APPROVED BY COUNTY COUNSEL: Yes
CEO Liaison: Executive Office
CEO Review: Yes
CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Senior Deputy Clerk |
Final Status: Adopted |
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Date: October 8, 2024 |
Executed Item Type: Resolution |
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Number: 24-142 |
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