HomeMy WebLinkAboutMINUTES - 01211986 - X.1 TO BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator Contra
January 21, 1986 CWIQ
DATEAdopt a Position of Opposition to AB 2206 (Cortese) CO^
SUBJECT: as Amended January 14, 1986.
SPECIFIC REQUEST(S) OR RECOMMENDATION(_S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Adopt a position of opposition to AB 2206 (Cortese) as amended
January 14, 1986.
BACKGROUND:
Under current law, before LAFCO can proceed with an annexation
the governing bodies of the affected jurisdictions (city council,
board of supervisors, etc. ) must enter into an agreement
providing for the exchange or transfer of property tax revenues.
Failure to agree on a property tax transfer means LAFCO cannot
proceed with the annexation.
AB 2206 would provide that if no agreement for a property tax
transfer has been entered into within 120 days after the
annexation proceedings have been initiated, LAFCO itself shall
determine the amount of the property tax transfer, including the
allocation of future annual tax increments and notify the Auditor
to adjust the allocation accordingly. This new procedure would
apply to all annexations initiated on or after January 1, 1987 .
The only guidelines for LAFCO are that they shall take into
consideration other sources of tax revenue in determining the
amount of the property tax transfer.
Currently, staff for the affected agencies must negotiate an
agreement which is acceptable to both parties. This often
requires compromises on both sides. The negotiations involve
complex calculations of future projected growth, the value of
services which are being transferred between jurisdictions, and
the remaining responsibility to provide services by the
jurisdiction ( such as county) which is losing territory.
Turning the responsibility over to LAFCO means that one party to
the negotiations who believes his or her jurisdiction may be
benefited by waiting for LAFCO to make the decision can stall
CONTINUED ON ATTACHMENT: _ YES SIGNATURE:
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): nt�r
ACTION OF BOARD ON Jamiary 21 , 1` 86 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT �"" AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN' OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED
County Auditor-Controller
- �----
LAFCO Executive Officer PH BATCHELOR, LERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
.Assemblymen Baker, Campbell , Isenberg
CSAC Executive Director
Jackson & Associates BY ( - ` �� .DEPUTY
,M382/7-83
Page 2
the negotiations for 120 days thereby eliminating any pressure to
reach a negotiated agreement. LAFCO does not have the staff
resources to perform the detailed calculations which are
necessary and will, therefore, probably have to rely on figures
submitted by the respective jurisdictions.
Since LAFCO is only required to take into account the other
sources of tax revenue received by the jurisdictions, they need
not consider the respective level of services which must continue
to be provided and could, in fact, make an arbitrary decision
which does not result from the tough negotiations and compromise
which are now required.
For these reasons, we believe AB 2206, as amended January 14,
1986, does nothing to benefit the County in negotiating property
tax transfers and would, in fact, make such negotiations more
difficult, or even meaningless. We, therefore, recommend that
the Board of Supervisors oppose AB 2206. The bill is scheduled
to be heard in the Assembly Ways & Means Committee on January 22,
1986. The County Supervisors Association of California also
opposes AB 2206.