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HomeMy WebLinkAboutItem 14 - Tax Exchange Agreement with the County of SLO for Tax Transfers from Froom Ranch Annexation Area No. 82 Department Name: Community Development Cost Center: 4003 For Agenda of: May 18, 2021 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Shawna Scott, Senior Planner SUBJECT: AUTHORIZE A TAX EXCHANGE AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO TO ADDRESS TAX TRANSFERS FROM THE FROOM RANCH ANNEXATION AREA; ANNEXATION NO. 82. RECOMMENDATION Adopt a Resolution accepting a tax exchange agreement with the County of San Luis Obispo addressing tax transfers from the Froom Ranch annexation area (Attachment A). DISCUSSION Background On September 15, 2020, the City Council approved the Froom Ranch Specific Plan, including initiation of annexation of the project site by authorizing staff to submit an application for annexation to the Local Agency Formation Commission (LAFCo). State law requires that jurisdictions affected by an annexation (in this case, the County, and the City of San Luis Obispo) negotiate an exchange of the taxes paid in the annexation area prior to LAFCo approval of the jurisdictional change. On April 6, 2021, the County Board of Supervisors (“the Board”) approved the commencement of tax exchange negotiations with the City for the Froom Ranch Annexation area. The Revenue and Taxation Code requires that negotiations be concluded within 60 days, unless extended by mutual agreement between the involved agencies for an additional 30 days. The Board is scheduled to consider the tax exchange agreement on May 4, 2021, within the second 60-day timeframe. Policy Context In 1996, the City and County adopted a joint resolution, along with several other cities in the County, to establish a county-wide policy regarding tax exchanges (Attachment B). The “master” tax exchange agreement is based on two principles: (1) that the County should not “profit” from annexations, nor should annexations result in a net fiscal loss to the County, and (2), that tax exchange practices should not undermine good land use planning by discouraging cities from pursuing logical and appropriate annexations. Item 14 Packet Page 93 With these principles as the base for discussions, City and County staff have negotiated an agreement that is consistent with the “master” tax exchange agreement with the County. Specifically, the resolution recommended for adoption provides for the County to receive all base property tax revenues and receive two-thirds of any tax increment resulting from development in the annexation area to fund increased demand for County services. The City will receive the remaining one-third of the property tax increment, as well as any other taxes (sales and transient occupancy tax) generated in the area. Tax Exchange History Prior to 1996, tax exchange negotiations between the County and cities were more contentious, with the County “holding most of the cards.” This is because the negotiation process would not commence until after the annexation applications had gone through a lengthy and complex city development review process. According to the State Revenue and Taxation Code (Section 99), exchange negotiations must be concluded within 60 days or the annexation application would terminate. Given this process, the City (like others) was under pressure to agree to high County expectations for sharing tax revenue. Such expectations were increasing across the state, with counties demanding not only existing revenue, but major shares of future revenue, including transient occupancy tax and sales tax. Counties have a need for revenue to support services to residents - even city residents - because as cities grow, so does the demand for county services (e.g., court, health care, social services, etc.). As a result, many cities and counties throughout California have become engaged in very contentious tax negotiations, to the detriment of all involved. To address this situation in San Luis Obispo County, the Mayors of the cities in the County commissioned an extensive study of the added burdens created for the County by development within the boundaries of cities. As a result, several cities in San Luis Obispo County entered into a “master” tax exchange agreement with the County in 1996 (Attachment B). This agreement greatly reduces the uncertainty and conflict inherent in the previous annexation process, especially relative to raw undeveloped land. The intent was to embark on a regional process to update the Master Tax Exchange Agreement in Spring 2020 and that effort was sidelined due to COVID-19 impacts. It is unknown at this time when this effort will return as a regional priority. Froom Ranch Tax Agreement The negotiated agreement for the Froom Ranch annexation area provides for the County to receive all base tax and two-thirds of the future tax increment, consistent with the countywide “master” tax exchange agreement. CONCURRENCE The negotiated tax exchange agreement has been routed to the City Manager, City Attorney, and all applicable City departments including the Finance Department to confirm concurrence. Item 14 Packet Page 94 ENVIRONMENTAL REVIEW The Froom Ranch Specific Plan Final Environmental Impact Report (EIR) was certified by the City Council on September 15, 2020. The Final EIR included an evaluation of the Specific Plan, Vesting Tentative Tract Map, and annexation of the Froom Ranch property into the City. The negotiated tax exchange agreement was identified as a component of the annexation process when considered and approved by the City Council. Adoption of the resolution accepting a tax exchange agreement with the County of San Luis Obispo addressing tax transfers from the Froom Ranch annexation area (Attachment A) is consistent with the certified Final EIR, would not result in any physical changes to the environment, and does not require any supplemental or subsequent environmental review. FISCAL IMPACT Budgeted: No Budget Year: 2020-2021 Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Total The “master” tax exchange agreement with the County has been in effect since 1996. The negotiated agreement for the Froom Ranch annexation area is consistent with the “master” tax exchange agreement. When the “master” tax exchange agreement was proposed in 1996 it was accompanied by a fiscal analysis that made two conclusions (Attachment C). First, that the loss of property tax to the County through the agreement is recompensed many times over by sales tax. Second, for residential properties, the shift of some property tax to the County from the City is relatively small and that other variables would be much more important to the community’s decision to move forward with a particular annexation (such as the creation of housing stock to help the City achieve its Housing Element goals). The other relevant analysis was prepared along with the City’s General Plan Land Use Element (LUE). When the LUE was adopted, it was determined to have a neutral fiscal impact. In other words, future expenditures associated with build-out of the land use plan are supported by future revenues. Because development of the Froom Ranch area is consistent with the General Plan, annexation of the Froom Ranch area is expected to have a neutral fiscal impact in the aggregate. Item 14 Packet Page 95 ALTERNATIVES 1.If the City Council has specific concerns with the rationale for the 1996 Agreement, direct staff to re-open negotiations with the County with specific negotiating parameters. This alternative is not recommended because the negotiating period for this annexation will expire on June 4, 2021. In addition, County staff is not receptive to negotiating an individual agreement with the City that is substantially different than the “master” tax exchange agreement. 2.Direct staff to work with the County, and other cities in the county, to update the “master” tax exchange agreement before approving an agreement for the Froom Ranch annexation area. This alternative is not recommended because such an effort would involve a substantial amount of time to accomplish and should be initiated outside of the negotiations of any particular annexation. In addition, each annexation provides an opportunity for City staff to discuss the fundamental principles of the 1996 Agreement and policy with County staff. The underlying assumptions behind the tax exchange agreement are still valid and changes to the policy are not warranted at this time. Attachments: a - Draft Resolution b - COUNCIL READING FILE - Master Tax Sharing Agreement c - COUNCIL READING FILE - Analysis of 1996 Tax Sharing Agreement d - Froom Ranch Annexation Area Location Map Item 14 Packet Page 96 R ______ RESOLUTION NO. ________ (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ACCEPTING A NEGOTIATED EXCHANGE OF TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE FROOM RANCH ANNEXATION AREA, AS REPRESENTED IN THE STAFF REPORT AND ATTACHMENTS DATED MAY 18, 2021 WHEREAS, the City of San Luis Obispo, a charter city and municipal corporation, wishes to move forward with the annexation of the Froom Ranch area; and WHEREAS, the Revenue and Taxation Code Section 99(a)(1) requires that the amount of tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, the Revenue and Taxation Code Section 99(b)(6) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of tax revenues by transmitting a copy of said resolutions to him and the County Auditor shall thereafter make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of tax revenues and annual tax increments between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 82 to the City of San Luis Obispo (Froom Ranch); and WHEREAS, the negotiating party, to wit: Emily Jackson, Division Manager, County of San Luis Obispo, on behalf of the County and Michael Codron, Community Development Director, City of San Luis Obispo, on behalf of the City have negotiated the exchange of tax revenue and annual tax increments between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of tax revenues and annual tax increments be consummated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Agreement. The City Council agrees to accept the following negotiated exchange of base tax revenues and annual tax increment: Item 14 Packet Page 97 Resolution No. _____ (2021 Series) Page 2 R ______ 1. No base tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. 2. Annual tax increments shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in fiscal year 2022-2023 and each fiscal year thereafter in the amount of one-third of the increment remaining after transfers to the Educational Revenue Augmentation Fund (ERAF). SECTION 2. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law: Upon motion of Council Member ______________, seconded by Council Member _____________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________ 2021. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ____________________________. ____________________________________ Teresa Purrington City Clerk Item 14 Packet Page 98 Item 14 Packet Page 99 BLANK PAGE This page is intended to be blank so that you can print double-sided. Item 14 Packet Page 100