To: Board of Supervisors
From: Supervisor Mulheren and Supervisor McGourty
Meeting Date: June 20, 2023
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Department Contact: |
Supervisor Mulheren |
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707-463-4441 |
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Department Contact: |
Supervisor McGourty |
Phone: |
707-463-4441 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Approving Zero Property Tax Sharing Agreement for the City of Ukiah - Annexation of City Owned Properties (LAFCo Application Referral File No. A-2021-01)
(Sponsors: Supervisor Mulheren and Supervisor McGourty)
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Recommended Action/Motion:
recommendation
Adopt Resolution approving a Zero Property Tax Sharing Agreement for the City of Ukiah- annexation of city owned properties (LAFCo Application Referral File No. A-2021-01); and authorize Chair to sign same.
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Previous Board/Board Committee Actions:
On February 22, 2021, the City of Ukiah submitted to the Mendocino Local Agency Formation Commission ("LAFCo") a request to annex properties located in the unincorporated area of Mendocino County that are owned by the City of Ukiah and utilized for public benefit. On December 19, 2022, LAFCo adopted the City of Ukiah Municipal Service Review/Sphere of Influence Update that includes a “a plan for the probable physical boundary and service area of a local agency or municipality as determined by the Commission” (GC §56076).
Summary of Request:
Revenue and Tax Code section 99 provides the required process for allocation of property tax revenue when jurisdictional changes are requested by local agencies, such as the City of Ukiah (“City”), upon the filing of an application pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Government Code section 56000, et seq. LAFCo received such an application from the City to annex territory within the jurisdiction of Mendocino County which will become part of the City (the “Annexation Area”).
Prior to acting on the application, section 99(b)(6) requires LAFCo to obtain a resolution from those bodies negotiating a revised distribution of property tax in the event the annexation becomes effective. Pursuant to section 99(b)(5), the Mendocino County Board of Supervisors is the entity responsible for negotiating a tax sharing agreement. Section 99 also requires certain reports to be provided by the County Assessor and County Auditor.
Specifically, after receiving notice of the filing of the application and the verified list of Assessor Parcel Numbers (Exhibit A), the County Assessor-Clerk/Recorder provided a preliminary report to the Auditor which identified the assessed valuations of the territory within the City of Ukiah and the tax rate areas in which the territory exists. Shortly thereafter, on September 22, 2021, Acting Auditor-Controller Chamise Cubbison, completed the required estimate of revenue responsibility for the area, which is reflected in Exhibit B to the proposed Resolution.
The primary purpose for the proposed annexation is to subject to the City's authority parcels that the City currently owns in fee and uses for government purposes, but that remain outside its jurisdiction. It is the City’s intention to continue the use of these properties consistent with existing improvements and its Public Facilities zoning regulations (Division 9, Chapter 2, Article 15, Ukiah City Code). Notably, the facilities identified for annexation serve and benefit incorporated and unincorporated residents alike, and include recycled water infrastructure, aircraft hangers, native species restoration projects, wastewater treatment facilities, refuse transfer stations, as well as a former landfill originally acquired by the City in 1955.
Alternative Action/Motion:
Provide alternate direction to staff.
Does This Item Support the General Plan? Yes
Per the Ukiah Valley Area Plan, “It is especially important for a smooth transition that the County and City coordinate land use planning and infrastructure in the sphere of influence.” The infrastructure and public utilities identified for annexation provide critical services to residents throughout the Ukiah Valley, and approval of this zero-property tax agreement would allow for more effective coordination and delivery of services across the Ukiah Valley.
Furthermore, Policy DE-1 states that “To the extent possible, future growth in Mendocino County should be accommodated in the cities, the cities’ spheres of influence, and in unincorporated communities with the infrastructure and service capacity to support growth. Future growth should be encouraged on infill parcels and areas contiguous to existing development.” By allowing the City to annex these parcels that it already owns, future growth can be more effectively accommodated within the City’s Sphere of Influence which was adopted by the Mendocino County LAFCo on December 19, 2022.
Associated with this policy is an action item (DE - 1.1), which stipulates that the “The County will coordinate and partner with the cities in Mendocino County to develop appropriate land-use patterns at the city/county interface, minimize environmental and economic impacts, and maximize environmental and economic benefits.” As conveyed, the purpose of this annexation is to subject to the City's authority parcels that the City currently owns in fee and uses for government purposes within its Sphere of Influence, thereby allowing the City to more effectively operate these utilities and infrastructure for the benefit of Ukiah Valley.
Strategic Plan Priority Designation: An Effective County Government
Supervisorial District: District 1 and District 2
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: N/A |
budgeted in current f/y: N/A |
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current f/y cost: N/A |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: N/A |
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budget clarification: N/A |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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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: July 11, 2023 |
Executed Item Type: Resolution Number: 23-116 |
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