HomeMy WebLinkAbout03/18/1997, C-6 - CITY ACCEPTANCE OF AN AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO REGARDING THE PROPERTY TAX REVENUES AND ANNUAL TAX INCREMENT FOR THE SPICE HUNTER AND SONIC CABLE ANNEXATION. ANNEXATION NO. 47; 180 AND 190 TANK FARM ROAD; GP/R/ANNX/ER Council 9
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C I TY OF SAN LU IS O B I S P O
FROM: Arnold B. Jonas, Community Development Director O
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 the Spice Hunter and Sonic Cable Annexation. Annexation
No. 47; 180 and 190 Tank Farm Road; GP/R/ANNX/ER 1-97.
CAO RECOMMENDATION:
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 Taxation Code Section 99.
DISCUSSION
Situation/Previous Review
The proposed Spice Hunter and Sonic Cable Annexation area covers roughly 14.44 acres between
Tank Farm and Suburban Roads, as shown on the attached vicinity map. On April 1, 1997, the
City Council is scheduled to review the annexation and prezoning request. Anticipating an earlier
review by City Council, the County Board of Supervisors initiated the 30-day tax negotiating period
on February 25'". Therefore, terms of tax exchange must be determined in advance of Council's
action on the annexation. Action by the Board of Supervisors on the tax agreement is scheduled for
March 11'x. The tax exchange is contingent on approval of annexation by City Council and the
Local Agency Formation Commission
According to the terms of the proposed agreement, no base property tax revenue and no annual
tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis
Obispo. This is consistent with the "raw land" provision of the countywide tax exchange
agreement adopted by the City and County last Spring.
Attached: Draft Resolution
Vicinity Map
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 #47
180, 190 TANK FARM ROAD: SPICE HUNTER/SONIC CABLE ANNEXATION
(ANNX/GP/R/ER 1-97)
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(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, 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 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
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.47 to the City
of San Luis Obispo; and
WHEREAS, the negotiating parties, to wit: Lee Williams, Deputy County Administrator,
Annx #47 - Spice Hunter Tax Transfer
Page 2
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,
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 1998-99 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 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:
�,�-3
Annx #47 - Spice Hunter Tax Transfer
Page 3
AYES:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of , 1997.
Mayor Allen Settle
ATTEST:
City Clerk Bonnie Gawf
APPROVED AS TO FORM:
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Marmon SITE LOCATION MAP
ASSOCIATES The Spice Hunter Annexation Area
9611 Msiteloc.pm5 12/16/96
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