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HomeMy WebLinkAbout09/15/1998, C10 - CITY ACCEPTANCE OF AN AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR SHARING THE PROPERTY TAX REVENUES AND ANNUAL TAX INCREMENT FOR THE BOLDUAN ANNEXATION (COUNTY ANNEXATION NO. 51, 2246 FLORA STREET). 1 Council. "Da. j acEnba aEpoizt "®"..`" CITY OF SAN LUIS OBISPO FROM: Arnold Jonas,Community Development Director Prepared By: Pam Ricci,Associate Planner FR SUBJECT: City acceptance of an agreement with the County of San Luis Obispo for sharing the property tax revenues and annual tax increment for the Bolduan Annexation (County Annexation No. 51, 2246 Flora Street). 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 by the Revenue and Tax Code Section 99. DISCUSSION Situation/Previous Review Plans were submitted to the City for minor or incidental architectural review of a new house on a sensitive site on February 13, 1998. With the review of project plans, it was discovered that the easterly 30 feet of the property, and a portion of the access roadway on the north side, was in the County, rather than the City limits. This portion of the property was part of an old street right-of-way. With the street's abandonment, half of the right-0f--way had become part of the subject property. On April 3, 1998, the Community Development Director approved the new house plans, based on findings, and with conditions (see attached letter). Condition No. 1 acknowledged the cross jurisdictional status of the property and required the applicant to either modify his plans, or file an application with the Local Agency Formation Commission (LAFCo) for annexation. On August 4, 1998, the San Luis Obispo County Board of Supervisors initiated a 60-day period (August 4 to October 4, 1998) for negotiation of exchange of property tax revenues and annual tax increment for the Annexation No. 51. Prior to final LAFCo action on the annexation, both the City Council and Board of Supervisors need to adopt similar resolutions acknowledging the negotiated agreements between the City and the County related to property tax revenues and annual tax increment. A proposed resolution for City Council adoption is attached. FISCAL IMPACT Since the property tax exchange is being negotiated for a portion of a single residential lot, the majority of which is already part of the City, there will be no transfer of property tax revenue or annual tax increment. C.- !b-9 .Prefum_o Creek Homes Annexation Property Tax Exchange 1855 Prefumo Creek road .Page 2 Attachments Draft Resolution A. M. MI 26-98 approval letter County Tax Sharing report/ nformation RESOLUTION NO. (1998 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A 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 THE BOLDUAN ANNEXATION AT 2246 FLORA STREET (SLO COUNTY ANNEXATION#51) WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation 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,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 resolution 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. 51 to the City of San Luis Obispo (Bolduan Annexation); and WHEREAS,the negotiating parties,to wit: Lee Williams, deputy County Administrator, 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. C-10-3 Resolution No. (1998 Series) Page 2 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 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) 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 1999-2000 and each fiscal year thereafter. (c) After the City portion is transferred, all annual tax increment for the County Road Fund shall be transferred to the County General Fund. 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: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this_day of , 1998. Mayor Allen Settle Resolution.No: (1998 IF �s) Page 3 - ATTEST: Kim Condon. Assistant City Clerk APPROVED: y G. J _gens ;City ttomey C.& ��►►������i�►ii►���►IIIIIIIIIIIIIN�i�►�"" IIII city of son lues oBispo Moira990 Palm Street, San Luis Obispo, CA 93401-3249 April 3, 1998 Dave& Diane Bolduan 388 Los Cerros Drive San Luis Obispo, CA 93405 SUBJECT: ARC MI 26-98; 2246 Flora Street(New Residence) Dear Mr. & Mrs. Bolduan: I have reviewed your plans to build a new house on a sensitive site. I approved the project, and determined that it is minor or incidental, finding that the house is architecturally consistent with the adjoining neighborhood, and has been sited to comply with the required setback from the top of creek bank, subject to the following conditions: 1. The proposed house as shown on plans is completely located on a single parcel, but is divided by a jurisdictional boundary between the City of San Luis Obispo and the County. Therefore, to accommodate the house footprint as shown, the applicant shall file an application for annexation with the Local Agency Formation Commission (LAFCO) to add the easternmost portion of the project site to the City limits. The annexation shall be completed prior to the issuance of a building permit for the proposed house. In lieu of annexing the easternmost portion of the site, the applicant may modify project plans to show the building footprint entirely within the City limits. Changes to accommodate a modified footprint will be evaluated as to whether any additional architectural, or potentially environmental review, is necessary. 2. The applicant shall submit a landscaping plan to the Community Development Director for review and approval. All landscaping shall be installed per the approved plan prior to the release of occupancy of the new house. Plantings proposed within the creek setback area shall be native riparian vegetation. My action is final unless appealed within 10 calendar days of the date of this letter. Anyone may appeal the action by submitting a letter to the Community Development Department within the time specified. Appeals will be scheduled for the first available Architectural Review Commission meeting date. If an appeal is filed, you will be notified by mail of the date and time of the hearing. Keep in mind that you still need to secure necessary building permits prior to construction. /O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. V� Telecommunications Device for the Deaf (805) 781-7410. ARC MI 26-98 Page 2 While the City's water allocation regulations are in effect, the Community Development Director's approval expires after three years if construction has not started. On request prior to the expiration of the original approval, the Community Development Director may grant a single one-year extension. If you have any questions, please call Pam Ricci at 781-7168. Sincerely, l` Arnold B. Jonas, Director Community Development cc: Chief Building Official, Architectural Review Commission Chairman Woody Combrink, 1432 Toro St., San Luis Obispo, CA 93401 C_/o-7 JUL 3 0 199 , wo CITY OF SAN LUIS OBISPU Unty of San Luis Obispo :OMMUNITY DEVELOPMENT COUNTY GOVERNMENT CENTER,RM.370■SAN LUIS OBISPO,CALIFORNIA 93408■(805)781.5011 TO: BOARD OF SUPEI,tVISORS ���\ OFFICE OF THE FROM: PAUL L.HOOD,PRINCIPAL ADMINISTRATIVE ANALYST COUNTY ADMIlV TMTOR DATE: AUGUST 411998 SUBJECT: SUBMITTAL OF A NOTICE TO COMMENCE NEGOTIATIONS AND RESOLUTION ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT FOR ANNEXATION NO.51 TO THE CITY OF SAN LUIS OBISPO(BOLDUAN).(RECOMMEND APPROVAL INSTRUCT CHAIRPERSON TO SIGN.) Summary The attached Notice to Commence Negotiations and Resolution Accepting Negotiated Exchange of Property Tax Revenue and Annual Tax Increment is required as a prerequisite to any jurisdictional change,pursuant to Revenue and Taxation Code Section 99. Recommendation Commence negotiations for transfer of property tax revenue,and authorize the Chairperson to sign the attached resolution accepting the negotiated exchange of property tax revenue and annual tax increment Discussion As noted above,this procedure is a legally required prerequisite to consideration of an annexation proposal-If the exchange process is completed,the proposal will be considered by the Local Agency Formation Commission(LAFCO). The Notice to Commence Negotiations is for the following proposal:Annexation No. 51 to the City of San Luis Obispo(Bolduan). Other Agency Involvement City of San Luis Obispo. Financial Considerations In this case,since this is a minor boundary revision there will be no transfer of property tax revenue and annual tax increment Mora. -ARC M1 LOCAL AGENCY FORMATION COMMISSION NOTICE TO COMMENCE NEGOTIATION FOR TRANSFER OF PROPERTY TAX REVENUE Proposed Jurisdictional Change: Annexation No.51 to the City of San Luis Obispo (Bolduan) LAFCO FILE NO: 3-R-98 . Agenda Date for Negotiating Acencies: Start of Negotiations City of San Luis Obispo July 28,1998 County of San Luis Obispo Subiect ProoeRv: Tax Code Area Parcel No.(s) Valuation 003-000 003-781-031 QAL) $133,682(ptn.) Estimated property tax revenue generated within subject property:Zero(0)in fiscal year 1998-99 Property Tax attributed to followmg local agencies: Revenue from Agents Proposed Annexation Area General Fund $0 Air Pollution Control 0 Road Funds 0 Count,Library 0 Port San Luis 0 San Luis Flood Control 0 Nacimiento Water Control 0 SLO Community College 0 County School Service 0 ERAF 0 Totals 0 Percentage of annual tax increment to be exchanged:Zero(0) Negotiation Period:August 4,1999-October 4,1998 Property Tax Exchange effective in fiscal year.1999-2000 By: -� 4m� Date: Z1 8 Paul L.Hood,Executive Officer (Note:at close of negotiations,each agency shall immediately transmit to the LAFCO Executive Officer a certified copy of the resolution setting forth the amount of property tax revenue to be transferred.For dependent districts,the Clerk of the Board of Supervisors shall transmit a certified copy of the Board's resolution adopted on behalf of both parties.This will allow LAFCO to commence processing of the jurisdictional change.) 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