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.)
C- County Negotiator,County Auditor-Controller and Negotiating Agency
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