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HomeMy WebLinkAbout01/21/1997, C-4 - CITY ACCEPTANCE OF AN AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING THE PROPERTY TAX REVENUES AND ANNUAL TAX INCREMENT FOR ANNEXATION NO. 44, A PORTION OF SUBURBAN ROAD FRONTING THE TK ANNEXATION.council "°�° j acEnba uepout CITY O F SAN LUIS O B I S P O FROM: Arnold Jonas, Community Development Director Prepared By: Whitney McIlvaine, Associate Planner SUBJECT: City acceptance of an agreement with the County of San Luis Obispo regarding the property tax revenues and annual tax increment for Annexation No. 44, a portion of Suburban Road fronting the TK Annexation. CAO RECONEMMNDATION: Adopt a resolution accepting the negotiated exchange of property tax revenues and annual tax increment that is required as a prerequisite to any jurisdictional change, pursuant to the Revenue and Tax Code Section 99. DISCUSSION Annexation No. 44 covers that portion of Suburban Road along the frontage of the TK Annexation, as shown on the attached vicinity maps. As approved, the TK Annexation includes only that portion of Suburban Road dedicated for purposes of road widening. After further consideration, the Public Works Department and County Engineering staff concluded that the boundaries of the annexation should be amended to include the full width of Suburban Road along the TK frontage. On May 17, 1996, the City Council approved a resolution requesting that the Local Agency Formation Commission (LAFCo) approve the annexation. On January 18, 1997, the San Luis Obispo County Board of Supervisors is scheduled to initiate a 30-day period (January 18 to February 18) for negotiation of exchange of property tax revenues and annual tax increment for the TK Annexation. Action taken by the Board will be reported to the Council at the meeting. A copy of the resolution that will be considered by the Board is attached. Prior to final LAFCo action on the TK Annexation, the City Council needs to adopt a similar resolution acknowledging the negotiated agreements between the City and the County related to property tax revenues and annual tax increment. While this procedure is a legally required prerequisite to consideration of annexation, no change to the City's property tax revenues will occur as a result of this annexation since the area to be annexed is only right -of - -way. Attached: Draft Resolution for the City Council Draft resolution to be considered by the County Board of Supervisors Vicinity Maps e -114 RESOLUTION NO. (1997 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO COUNCIL ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR ANNEXATION #44 (PORTION OF SUBURBAN ROAD FRONTING THE TK ANNEXATION) BE IT RESOLVED by the Council of the City of San Luis Obispo, that: WHEREAS, in the case of a jurisdictional change which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property 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, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange or 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 property tax revenues by transmitting a copy of said resolution to him and the County Auditor shall therefore make the appropriate adjustments as required by law; and Annx X44 - Tax Transfer Page 2 WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Annexation No.44 to the City of San Luis Obispo; and WHEREAS, the negotiating parties, to wit: Paul Hood, Principal Administrative Analyst, County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. That the recitals set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) No annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1997 -98 and each fiscal year thereafter. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments d -w -3 Annx #44 - Tax Transfer Page 3 to property tax revenues and annual tax increments as set forth above. 4. That 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. On motion of , seconded by and on the following roll call vote: AYES: NOES: /:V-7W5► 9 the foregoing resolution was passed and adopted this day of ..1997. Mayor Allen Settle ATTEST: City Clerk Bonnie Gawf APPROVED AS TO FORM: In C -'s/ -// ,y 4 c, I a pnG �" pp m I� • ,a s � J y F-4 I I�Fn E r3 #r R $q -y -s m I �•.PY � { N Q � n rr va go E;bt r = g r �M a. �o I T #r R $q -y -s 6F-Y_6 IN THE BOPM OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA PRESENT: Supervisors ABSENT: day ------- --------------- ,19 - - - -- RESOLUTION NO. RESOLUTION ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO The following resolution is hereby offered and read: WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will after the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(a)(1) requires that the amount of property 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, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, when a special district is involved, the negotiations are conducted by the Board of Supervisors of the County on behalf of the district or districts, unless otherwise requested by said district or districts pursuant to Revenue and Taxation Code Section 99(b)(5); and WHEREAS, 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 property 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 property tax revenues and annual tax increment 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. 44 to the City of San Luis Obispo (Suburban Road); and WHEREAS, the negotiating party, to wit: Lee Williams, Deputy County Administrator, County of San Luis Obispo, on behalf of the County and Ken Hampian, Deputy City Administrator, on behalf of the City of San Luis Obispo have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. c - y -7' NOW, THEREFORE BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of Celifomia, as follows: 1. That the recitals set forth above are true, correct and valid. 2. That the County of San Luis Obispo agrees to accept the following negotiated exchange of base property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) Annual tax Increment in an amount to be determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties, Zero (0), after the ERAF calculation, shall be transferred from the County of San Luis Obispo General Fund to the City of San Luis Obispo in the fiscal year 1997 -98 and each fiscal year thereafter. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax Increments as set forth above. 4. That the County 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 Supervisor seconded by Supervisor and on the following roll call, to wit: AYES: NOES: ABSENT: ABSTAINING: the foregoing resolution is hereby adopted. ATTEST Clerk of the Board of Supervisors By: Deputy Clerk By: Chairperson of the Board of Supervisors /ED AS TO FORM AND LEGAL EFFECT B. LINDHOLM, JR\ A (o d-01-4f