Loading...
HomeMy WebLinkAbout10/17/2000, C3 - AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING PROPERTY-TAX REVENUE FROM A DE-ANNEXATION LOCATED AT THE END OF SOUTHWOOD DRIVE council j acenaa uepoizt C CITY O F SAN LUIS O B I S P O FROM: Ron Whisenand, Acting Community Development Directo( Prepared By: Whitney McIlvaine,Associate Planner SUBJECT: AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO CONCERNING PROPERTY-TAX REVENUE FROM A DE- ANNEXATION LOCATED AT THE END OF SOUTHWOOD DRIVE CAO RECOMMENDATION Adopt a resolution accepting the negotiated exchange ,of property-tax revenues and annual property-tax increments for the detachment of territory as required as a prerequisite to any jurisdictional change by the Revenue and Tax Code Section 99. DISCUSSION A dimension error on the Southwood Annexation map, recorded in 1973, placed the city limit beyond a property boundary rather than coterminus with that boundary. This later resulted in a remainder parcel inside city limits of less than 2000 square feet when the County approved Tract 681 just outside city limits. Please refer to the Assessors parcel map (Attachment #1) and to Exhibit A of the resolution(Attachment#2). Earlier this year the City issued a conditional certificate of compliance for the remainder parcel, which required the property owners to process a de-annexation of the parcel to essentially correct the previous mapping error and re-align the city limit with the actual property line. The property owners are currently processing the de-annexation and a lot line adjustment in the County to create a more conforming lot. California law requires the City and the County to agree on division of the property taxes from the territory proposed for annexation or detachment. (Revenue and Taxation Code, Section 99). An explanation of the estimated tax revenue to be transferred to the County is attached. (Attachment#3). The calculation follows an overall City-County agreement for annexations and detachments,which was approved by both agencies in 1998. This item is scheduled for consideration by the County Board of Supervisors on October 10, 2000 and by the Local Agency Formation Commission(LAFCo) on October 19,2000. FISCAL IMPACT The net fiscal impact to the City will be a loss of$5.15 annually, the City's share of property tax revenue for a parcel of land approximately 1750 square feet in size and valued at$2,825. ALTERNATIVES The City and the County must agree on a revenue division before the detachment can be completed. State law says that if the City and the County do not reach agreement within a 60-day CM Council Agenda Report—Tax Sharing Agreements for Fonte De-Annexation Page 2 period, the detachment process stops and would need to be re-initiated for the detachment to occur. Council may direct staff to pursue a different revenue-division formula, or may continue action for other reasons. Not approving the agreement within the interval set by State law would require re-filing the LAFCo applications and returning at a future meeting to resolve the matter. Departing from the previous agreement with the County would require re-negotiation of the approach to sharing revenues. Attachments: #I —Assessors parcel map #2-Draft resolutions approving tax-sharing agreements #3 —Estimated tax revenue to be transferred to the County wMcIlvaine\CC\tax sharing-Fonte 0-2 MACHMENU i CL o s go •�• �" ', s 2 2 m 0 ci •Jt T 111 � t O �Jn ♦♦�• r O O i � � J \� {� Z wLrJtJt T Op P � , •• 0 � \\ n a p •1 , � c 1 J • Y \ @ J O H �L 11� � J � n lO�j •- O O A Y p ' \S' 1L NNd 337- o i s \ c " i . ; O � e • A o M a ' F � i hx' = 1 A GG O x � d \ Q QO j s S A « 1 + d \\ FW O aw n e ♦ Y 1 w l 2 q -u w • Y f Y t � f � �Q A 1 A ^ 4N In' r, "• 1 Hl. 1 � /1Y• � :•.l•.N.L' Otu•O J w g 1S viono3S ° 3 >d � mr T'�>4J1•erf Ar 3 so [i'001 i � � O e, • O•1 A u •�N •' « Il 3 roDl YL 1 F+ O Y A C3-3 ATTACHMEW 2 RESOLUTION NO. (2000 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 FONTE DE-ANNEXATION (LAFCo Application # 12-R-00) (City File No. CC 216-99) 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 otbawise 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 the County.Auditor, 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 De- Annexation No. 12-R-00 from the City of San Luis Obispo (Fonte De-Annexation); and WHEREAS,the negotiating parties,to wit: Jim Grant, Assistant Administrative Officer, 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. C3-4 Resolution No. (20s- . series) 2 Page 2 . ATTACHMENI� 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) The City of San Luis Obispo's portion of the base property tax revenue for the land area shaded on attached Exhibit A shall be transferred to the County of San Luis Obispo. 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 , 2000. Mayor Allen Settle ATTEST: Lee Price, City Clerk APPROVED: J ffr . J ge n, Attorney C3-5 Oct 04 00 02: 11p SLO County Admin 805-781 -5023 p. 6 AIT ACHMUff} EXHIBIT A �1 z U V VC, 3 P.O.B. NE COR OF TRACT 317 1 1/2-IP N89'17'12"E 13.73' "RCE 10276" SOUTHWOOD DR. - LIMITEXISTLc CITY LIMIT UNE � O NEW CITY LIMIT LOT 18 UNE N'=:: Oo_ O O LOT 71 = c): T 1/27P "RCE 10276" N i�`S� ��0 O1750 S.F.t O N18'39'17"W 45.25' W r-r. 61 T31 0 R13 r SCALE 1"_40. CITY OF SAN Z� LUIS OBISPO COUNTY OF SAN LUIS OBISPO R R M D E S I G N G R 0 U P DE-ANNEXATION Architecture •Pi AAA.hgiaeer9og Surcrying-Interiors -faadscepe AMbRecture F 0 N TE 3701 South Mgwm a:eet, San Lm 9bmpa Calita m 93101 805/543-1794 r` rwh k am 3"m u am W`iod Amim PES em DATE: 8-30-2000 SCA - C3-6 )CAL AGENCY FORMATION COMMI )N NOTICE TO COMMENCE NEGOTIATIvN FOR TRANSFER OF PROPERTY TAX REVENUE ATTACHMENT 3 Proposed Jurisdictional Change: Detachment from the City of San Luis Obispo(Fonte) LAFCO FILE NO'. 12-R-00 Agenda Date for Neaotiatiog Agencies: Start of Negotiations City of San Luis Obispo October 10,2000 County of San Luis Obispo Subject Property: Tax Cade Area Parcel No. (s) Valuation From: 003-000 004381-072 $2,825 To: 112-053 004-381-072 $2,825 Estimated proptax revenue to the City of San Luis Obispo generated within subject erty property:$5 fiscal year 2000-2001 Property Tax attributed to following local agencies: Revenue from Aciency Proposed Detachment Area SLO City $5.15 General Fund 8.42 Air Pollution Control 29 County Library 55 Port San Luis 45 San Luis Flood Control .10 Nacimiento Water Control .09 SLO Community College 1.80 County School Service 1.08 Flood Zone 9 17 San Luis Coastal 10.15 Totals $28.25 Percentage of annual tax increment to be exchanged:No Change Negotiation Period:•October 10 through December 10,2000 Property Tax Exchange ffective in fiscal year:2001.2002 , _ By. - o.-A L• (TD"e 1 Date: Paul L Hood,Executive Officer (Note:at dose 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 behalf of both parties. This will allow LAFCO to copy of the Board's resoluHan adopted an commence processing of the jurisdictional change.) C- County Negotiator.County Auditor-Controller and Negotiating Agency txrev C3-7