HomeMy WebLinkAboutMINUTES - 11142000 - C203-C205 f Centra
TO: BOARD OF SUPERVISORS ;, Costa
FROM: Dennis M. Barry, AICD, Director of Community Development
' County
DATE: November 14, 2000
SUBJECT: Acquisition of Property from Mt. Diablo Unified School District
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE the Deputy Director—Redevelopment to send a Notice of the County's Intent to
negotiate a purchase of the fee simple interest in a two-acre property constituting a portion of
the former Oak Park Elementary School site at 1700 Oak Park Blvd., Pleasant Hill.
FISCAL IMPACT
The intention is to acquire the underlying fee simple interest in the subject property as a
precedent step to offering for-stile the adjacent County owned eight-acres plus the subject
two-acres for revenue generating purposes. Proceeds from the sale of the full ten-acres
would accrue to the'County General Fund.
f
CONTINUED ON ATTACHMENT: _X_ SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATO RECOMMENDATION OF'/BOARD
COMMITTEE _,APPROVE OTHER
SIGNATURE(S)9
ACTION OF BOr6 ON November 14, 2000 APPROVED AS RECOMMENDED X
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT none ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Source: Jim Kennedy
335-1255 ATTESTEDDjoyembgr 4, 002 0
orifi: Community Development PHIL BATCHELOR, CLERK OF THE
cc: County Administrator's Office BOARD OF SUPERVISORS AND
County Counsel COUN DMINISTRATOR
Public Works Real Property
BY r ,, .. �., DEPUTY
W:\Personal\B0ARD0RDERS\11.14.0akley.tahshare
BAC KGRQUND/REASONS FOR RECOMMENDATIONS
The County owns the former Oak Park Elementary School site at 1700 Oak Park Blvd., Pleasant
Hill. The County has been working with the City to prepare an offering for the site for
development purposes consistent with the City's General Plan and development expectations.
Adjacent to the County's eight-acre holdings is a two-acre property, which is owned, in fee simple
interest, by the Mt. Diablo School District. The County owns an easement for right-of-way
purposes on this two-acre property. The County has been working with the school district to
coordinate the ownership of the entire ten-acre property in the hands of one jurisdiction, the
County, so that the sale to an end user can be more expeditiously handled. The cost of acquiring
the fee simple interest is estimated at $800,000. The School District seems willing to
accommodate cash flow considerations of the County, and provide title in the near term, with
payment when the County sells the entire ten-acre assemblage.
Recently the City of Pleasant Hill has expressed an interest in acquiring the former Oak Park
Elementary School site for flood control purposes. At this time the source of City funds to acquire
the property has not been identified, however on-going discussions are being held. In any event
the assemblage of the full ten-acre property in fee title by one party is a condition precedent to an
end user, whether public or private, being able to proceed. Therefore this action is recommended
at this time.
On October 2, 2000, Mount Diablo School District issued a notice under Government Code
Section 54222 and Education Code Section 17464 to local public entities and others to solicit
interest in negotiating a purchase of the property. The County has sixty-days; from October
13, 2000 to respond to the notice. The recommended action will satisfy the requirements the
Government Code and allow County staff to commence negotiations.
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W:l'emoml\BOAR.DORDERSt11.14.Oakley.taxshare
Conq;
TO: BOARD OF SUPERVISORS ,�, > Costa
u" fty
FROM: Dennis M. Barry, AICP, Director of Community Development
DATE: November 149 2000
SUBJECT: Oakley Tax Sharing Agreement
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the County Administrator or his designee to execute a Tax
Sharing Agreement with the City of Oakley.
FISCAL IMPACT
This agreement would result in the County receiving twenty percent of the sales tax and TOT
generated from specified properties in a proposed redevelopment project area within the City
of Oakley. This would be an addition to the pass through of tax increment revenues pursuant
to AB 1290 once a proposed redevelopment project amendment area has been adopted.
CONTINUED ON ATTACHMENT: X� SIGNATURE:
f ,
ECOMMENDATION OF COUNTY ADMINISTRATOR _ RECO ENDATION BOARD
COMMITTEE ,,'APPROVE OTHER
SIGNATURE(S)-
ACTION OF B D ON APPROVED AS RECOMMENDED_. _
VOTE OF SU RVISORS
I HEREBY CERTIFY THAT THIS IS A
AUNANIMOUS (ABSENTte,. ) TRUE AND CORRECT COPY OF AN
ES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Source: Jim Kennedy
335-1255 ATTESTED.
prig: Redevelopment
PHIL BATCHELOR, CLERK OF THE
cc: County Administrator's Office BOARD OF SUPERVISORS AND
County Counsel COUNTY ADMINISTRATOR
Auditor/Controller
Community Development .�
Via: Redevelopment
City of Oakley
Goldfarb & Lipman BY ------'DEPUTY
W;PersonalWARDORDERSA 1.14.Oakley.taxshare ih
BACKGROUND REASONS FOR RECOMMENDATIONS
It has been anticipated that the Oakley Redevelopment Project would transfer to the City
beginning in Fiscal Year 2000-2001. On the Board Agenda contemporaneous with this
recommended action is the Jurisdictional Transfer Agreement between the County, the County's
Redevelopment Agency, the City, and the City Redevelopment Agency to accomplish this
transfer. An aspect of the negotiations related to jurisdictional transfer of the Redevelopment
Agency is the sharing of sales tax and transient occupancy tax revenues generated from specific
sites within an area that the City of Oakley is evaluation as a possible redevelopment project
area. The area in question is the DuPont property and properties generally contiguous to the
DuPont holdings. This sharing of sales tax and TOT revenue is in addition to the AB 1290
statutorily set pass through that would be in place once and if the City of Oakley proceeds to
amend its redevelopment project area.
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w:1Pcmwa1\]30ARD0RDER5\11.14.Oakley.taxshare �
TO: BOARD OF SUPERVISORS
' CONTRA
FROW Ken Corcoran,Auditor-Controller COSTA
By: Paul Abelson, Chief Accountant vd.m
COUNTY
DATE: November 14, 2000
SUBJECT: Resolution enabling receipt of local relief under Chapters 903, Statutes of 2000
(Assembly Bill 1396).
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Adopt Resolution required by Section 4 of Chapter 903, Statutes of 2000 (Assembly Bill 1396), so
that the County and eligible special districts in the County will qualify to receive a share of this
local relief.
FISCAL IMPACT:
The County will receive a share of $102 million allocated statewide. The amount allocated to
Contra Costa agencies will be determined by the State Controller, but is expected to be between
$1 million and $2 million. This one time money will then be distributed by the Auditor-Controller to
the County and eligible special districts as prescribed by the legislation.
BACKGROUNDIREASON(S) FOR RECOMMENDATION(S):
The Auditor-Controller is required each year to redirect local revenue from counties, cities and
special districts into state mandated Educational Revenue Augmentation Funds (ERAF), which
revenue is then distributed to local school districts and community colleges to reduce the State's
obligation to fund public education.
During the 2000 legislative session, the State established a process whereby counties, on behalf
of local entities in each county, may apply for a distribution of State revenue to partially offset the
effect of the 2000 revenue transfer. The process requires the Board of Supervisors adopt a
resolution making certain stipulations and incorporating a report meeting specifications set by the
State Controller. Further, that resolution and report must be forwarded to the State Controller and
Department of Finance postmarked no later than December 1, 2000.
The required resolution is attached, along with the State Controller's report and the addresses at
the State Controller and Department of Finance hich the resolution and reports are to be sent.
9GNQlQr-9 04 ATTACHMENT: ✓ YES SIGNATURE: --•—�'-
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMITTEE
L1kPPROVE _ OTHER
SIGNATURE(S):
ACTION OF BO DN .+,VQ jjeM ?r- 1'/ e,0 APPROVED As RECOMMENDED 01'ltEfF_
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT ./2a&e, ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Paul Abelson(646-2233) r J r
ATTESTED
PHIL BATCHELOR,CLE R OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cc: County Administrator
County Counsel BY Ir' -;DEPUTY
2. The County will allocate the share of appropriated money it receives pursuant
to Chapter 903, Statutes of 2000, section 4, in accordance with the
requirements of subdivision(c) of that section, a copy of which is attached
hereto as Exhibit"B."
3. As required by the legislation, the County waives its right to claim
reimbursement for the cost of administering this process and will make no
claim for mandated costs for actions taken to comply with the requirements of
subdivisions (a) and(c) of section 4 of chapter 903, Statutes of 2000. Except
as so specified, the County does not waive its right to pursue its ERAF claim
or any other existing or future mandate claim.
1 hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supe= �0��e,;M
a dATTESTED: :.[
PHIL BATCHELOR,Clerk of tire Board
Of Supervise nd County Administrator
BY eputy
Orig. Dept.: Auditor-Controller
Contact Person: Paul Abelson, 646-2233
cc: County Administrator's Office
County Counsel
RESOLUTION NO.: 2000/509
'*Jr / e� 0
Form 903/1396/4a2 EXHIBIT A October 2000
Ad Valorem Property Tax Revenues Shifted to Educational
Revenue Augmentation Fund (ERAF) 1999-2000 Fiscal Year
County Name: Contra Costa
Line Total by
No. Agency Total
Amount of ad valorem property
tax revenue shifted from
County to ERAF: (1) $87,426,493.71
Amount of ad valorem property
tax revenue shifted from Cities
to ERAF: (2) $17,758,904.77
Amount of ad valorem property
tax revenue shifted from
Special Districts to ERAF: M. $10,426,719.74
Amount of ad valorem properly
tax revenue shifted from
Recreation and Park, and
Independent Library Districts to
ERAF: (4) $ 1 ,235,193.85
Amount of ad valorem properly
tax revenue shifted from Other
Agencies to ERAF: (5) $34,257.67
Total Local Agencies: (6) $116,881 ,569.74
Instructions for completing Line
Form 903/1396/4a2: (1) Enter the amount of total ad valorem property tax revenue
shifted from county to ERAF fund. Include property tax
revenues only,do not include any interest amounts allocated to
the ERAF.
(2) Enter the total amount of ad valorem property tax revenue
shifted from Cities(Addendum I---Cities).Include property
tax revenues only,do not include any interest amounts
allocated to the ERAF.
(3) Enter the total amount of ad valorem property tax revenue
shifted from Special Districts(Addendum II—Special
Districts). Include property tax revenues only,do not include
any interest amounts allocated to the ERAF.
(4) Enter the total amount of ad valorem property tax revenue
shifted from Special Districts(Addendum II a—Recreation
and Parr, and Independent Library Districts). Include property
tax revenues only,do not include any interest amounts
allocated to the ERAF.
State Controller's Office Division of Accounting and Reporting
Resolution No. 2000/509 �/��
�'•��� low/ r���
Form,903/1396/4a2 October 2000
Instructions for completing (5) Enter the total amount of ad valorem property tax revenue
Form 84/1396/4a2: Continued shifted from Other Agencies(Addendum III—Other
Agencies).Include property tax revenues only,do not include
any interest amounts allocated to the ERAF.
(6) Total of lines 1, 2,3,4 and 5.This amount should equal the
total amount reported on form 903/1396/4al,submitted no later
than November 1, 2000.
State Controller's Office Division of Accounting and Reporting
Resolution No. 2000/509 ���
EXHIBIT R
Form 903/1396/4x2-Addendum I October 2000
Ad Valorem Property Tax Revenues Shifted to ERAF, 1999-2000 FY
Addendum I—Cities
County Name: Contra Costa
List each City and the Column A Column B
individual amount of ad Name of City Amount
valorem property tax revenue
shifted from the city to the Clayton 294,401 .27
ERAF in the 1999-2000 fiscal Concord 2,122,479.82
year. Brentwood 71 680,345.17
San Pablo 323,829.05
El Cerrito 965,282.70
Walnut Creek 1 ,660,977.53
Pleasant Hill 206,598.78
Martinez 1 ,245,368.79
Antioch 12763,728.42
Pittsburgl- 1 ,833,062.54
Hercules 315,668.23
Pinole 576,471 .92
Richmond Tax District 1 3,296,353.26
Lafayette 223,593.60
Moraga 247,424.00
Danville 361 ,696.42
San Ramon 5602660.52
Orinda 188,925.50
Richmond Tax District 3 892,037.25
Total All Cities: $ 17,758,904.77
Instructions: List the name of each city within the county (column A) and the actual
amount of ad valorem property taxes shifted in fiscal year 1999-2000
(column B). Copy extra pages of the table, if needed.
Total Column B and transfer this amount to Form 903/1396/4a2, Line 2.
State Controller's Of Ice Division ofAccounting and Reporting
Resolution No. 2000/509 ,"
- EXHIBIT A
Form 903/1396/4a2-Addendum H October 2000
Ad Valorem Property Tax Revenues Shifted to ERAF, 1999-2000 FY
Addendum 11—Special Districts
County Name: Contra Costa
List all special districts by Column A Column B
type and by name"(i.e. Type and Name of Special District Amount
Fire Districts-list all by Fire Districts
name;Water Districts-list
all by name, etc.) and the Bethel Island Fire (163.124.60)
individual amount of ad East Diablo Fire (12,493.94)
valorem property tax Contra Costa Fire -
revenue shifted from the
Crockett Carquinez Fire �. (5,482.03)
agency to the WRAF in the
1999-2000 fiscal year. San Ramon Valley Fire 1 ,676,008.56
Note: Do not list on this Rensington Fire (51 ,382.60)
addendum the Perk and Rodeo-Hercules Fire 465,974.96
Recreation,and Moraga Orinda Fire 734,800.47
Independent Library Po 11 ce Di s ri c s
Districts noted In section
5(d)of AB 1396 (see CSA P-1 Crockett-Val ona 79,262.47
Addendum 11 a). A P-2 Danvi 11 e 5,714.64
CSA P-2 Zone A 89,016.50
The type of special district
should agree with types _CSA P-5 Round Hi 11 _ 138,106.53
listed in SCO's Special (1 ,739,477.52)
Districts Annual Report CSA P-2 Zone B �^ 80,705.10
publication and/or any Diablo Community Svc _ 32,703.21
other appropriate SCO F1 ood Control/Drai nage Districts
transaction publication. _ _
Flood Control CCC Water 2439250.00
Flood Control Zone 3B4 374 077.14
Flood Cont Z1 Marsh Crk 28,670.11
Flood Control Zone 7 22,779.01
Flood Control Zone 8 1 ,405.62_
Flood Control Zone 8A 1 ,901 .20
Flood Cont Drainage 290 681 .07
Flood Cont Drainage 300 372.40
F1ood. Cont Drainage A1315,284.16
Total All Special Districts_ $
Instructions: List each Special District (in categories by type then by name - i.e. Fire
Districts - all by name, Water Districts - all by name, etc.) within the county
(column A) and the actual amount of ad valorem property taxes shifted in
fiscal year 1999-2000(column 13). Copy extra pages of the table, if needed.
Total Column B and transfer this amount to Form 903/1396/4a2, Line 3.
State Controller's Office Division of Accounting and Reporting
Resolution No. 2000/509
Form 903/1395/4a2-Addendum H EXHIBIT'A October 2000
Ad Valorem Property Tax Revenues Shifted to FRAF, 1999-2000 FY
Addendum II---Special Districts
County Mame; Contra Costa
List all special districts by Column A Column B
type and by name*(i.e. Type and Name of Special District Amount
Fire Districts-list all by Flood Cont Drainage na e 10
name; Water Districts-list _ - _g_ _- _ 15,890.64
all by name, etc.) and the o0 on ra i nage 127 4,298.69
individual amount of ad Flood Tont Drainage 16 7.082.
valorem property tax Svc Area MM Bl ackhawk 92,434.10
revenue shifted from the i rary 01 s rt c s
agency to the ERAF in the CSA Lib-2 �1 Sobrante
1999-2000 fiscal year. 6.780.41
Note: Do not list on this CSA Lib-10 Pinole 4
addendum the Park and CSA Lib-12 Moraga 494.30
Recreation,and CSA Lib-13 Ygnaci o 248 441 .68
Independent Library water 1315tric"
Districts noted In sectionCo Co Co Water A e
5(d)of AB 1396(see 9 ng 22 752.97
Addendum ii a). Co Co Co Water 7873523.-58
Castle Rock Co Water 3,091 .05
The type of special district PI Hill-Diablo Vista Wtr 5129.76
should agree with types ani ar.yDistricts tea._
listed in SCt3's Special
Districts Annual Report Central CC Sanitary � 4 042 X345.62
publication and/or any Mt View Sanitary 101 ,813.50
other appropriate SCO
transaction publication. Oakley Sanitary Y
Rodeo Sanitary 92,140.76
West Sanitaryv� 3534628.00
Stege Sanitary 106,139.0
Byron Sanitary 2,l02
Crockett--Valona Sanitary 49,367.38
Richmond Sewer 1 22,002.34_
RecreWMis ric s `�
Svc Area R-4 Moraga 1 ,476.19
vc Area - one 58,379.97
Total All Special Diatrlcts;
Instructions. List each Special District (in categories by type then by name - i.e. Fire
Districts-all by name, Water Districts- all by name, etc.)within the county
(column A) and the actual amount of ad {valorem property taxes shifted in
fiscal year 1999-2000(column B).Copy extra pages of the table, if needed.
Total Column B and transfer this amount to Form 903/1396/4a2, Line 3.
State Controller's Office Division o j`Accounting and Reporting
Resolution No. 20001509
i►
Form 903/1396/4a2-Addendum II EXHIBIT A October 2000
Ad 'valorem Property Tax Revenues Shifted to ERAF, 1999-2000 FY
Addendum 11--Special Districts
County Fume: Contra Costa
List all special districts by Column A Column B
type and by name*(i.e. Type and Name of Special District Amount
Fire Districts-list all by
name; Water Districts-list Service Area M-16 Clyde _ 2,101 ,34
all by name, etc.)and the vc Area M-17 Mental vi n 74,782.46
individual amount of ad -erv1 ce Area M-20 Rodeo 580.41
valorem property tax Brentwood Rec & Park W 17,912.49
revenue shifted from the
eme er,y 3s rtc s
agency to the ERAF in the Alamo-Laf Cemetery 78 692.32
1999-2000 fiscal year. s
Note: Do not list on this B B K Union Cemetery 35,029.15
addendum the Park and _� T ng t s r1 cis
Recreation,and Servi ce Area L-100 391 830.36
Independent Library ervt ce Area - Byron _ 26 137.51
Districts noted In section a aye to ore Area Mtc 6�538.85
5(d)of AB 1396(see -,
Addendum 11 a). Concord Kirkwood Mtce 1 L1.11
oncord Blhn Terr St Lt AJ1
The type of special district Moraga St Lt Mtce 1 -- -
should agree with types Reclamation is rics 7 -L=6a
listed in SCO's Special .�.._...�.
Districts Annual Report Reclamation Dist 800 Exp 159 90,_ 0
publication and/or any Di scovery Bay Recl/Drng 3,359.45
other appropriate SCO
transaction publication. _ Bethel Isle Muni Improv 32,43g, 8
TVITsce aneous is ries '" "��
Svc Area M-1 Delta Ferry 4,519.16
Svc Area RD-4 Bethel Isle _ 380.23
C Resource Conservation11 ,874.82
Mosquito Abate Dst v_1;1689:14
East Co Co Irrigation _ 336 202.32
Total All Special Districts: $ 10,426,719.74
Instructions: List each Special .'District (in categories by type then by name - i.e. Fire
Districts - all by name, Water Districts- all by name, etc.)within the county
(column A) and the actual amount of ad valorem property taxes shifted in
fiscal year 1999-2000(column B). Copy extra pages of the table, if needed.
Total Column B and transfer this amount to Form 903/1396/4a2, Line 3.
:Mate Controller's Office Division ofAceauntfng and Reporting
Resolution No. 2000/509 qlf�
6' 'R eA6 /l-/0'/-'Z2
)Form 903/1396/4a2-Addendum H(a) EXHIBIT A October 2000
Ad Valorem Property flax Revenues Shifted to ERAF, 1999-2000 FY
Addendum II(a)--Recreation and Park and Independent Library Districts
County Name: Contra Costa
List all Recreation and Column A Column B
Park and Independent Type and Name of District Amount
Library Districts as
prescribed in section 5(d) Ambrose Rec & Park 241 .469.53
of AB 1396 (see detail reen Valley Rec & Park 8,470.20
description below). P1 easant Hill Rec & Park 977,357.62
Districts should be listed Rol l i ng-Will art Rec & Park 7x896.50
by type and by name*(i.e.
Recreation and Park _
Districts-list all by name;
Independent Library
Districts-list all by name)
and the individual amount
of ad valorem property tax
revenue shifted from the -
agency to the ERAF in the
1999-2000 fiscal year.
The type of each district
should agree with those
listed in SCO's Special —
Districts Annual Report --
publication and/or any
other appropriate SCO
transaction publication. -------- __.�_-____. __�._._--� _.--_. .----_------- --.-_----
Total All Special Districts: $ 1 .235.193.85
Instructions: List each District that qualifies under Section 5 (d) of AB 1396. Recreation
and Park Districts formed pursuant to Chapter 4 (commencing with Section
5780) of Division 5 of the Public Resource Code, for which the boards of
directors are either appointed or elected, as provided in that chapter; and
Independent Library Districts formed pursuant to Chapter 3 (commencing
with Section 18300)of Part 11, Division 1,Title 1; or Chapter 8(commencing
with Section 19400)of Part 11, Division 1, Title 1; or Chapter 9(commencing
with Section 19600)of Part 11, Division 1, Title of the Education Codes that
State Controller's Office Division of Accounting and Reporting
Resolution No. 2000/509
Form 903/1396/4a2-Addendum ffi EXHIBIT A October 2000
Ad Valorem Property Tax Revenues Shifted to PRAF, 1999-2000 FY
Addendum III--tither Agencies
County Name: Contra Costa
List all miscellaneous local Column A Column B
agencies(agencies not Agency Name Amount
already included as a city
or special district) and the Pleasant Hill Lgt Dist 1 23.1046_.37
individual amount of ad Svcrea R-8 Walnut Crk 431.99
valorem property tax Clayton Light Mtce 1 ----4 658.28
revenue shifted from the Martinez Pine Ridge Mtce 345 57
agency to the ERAF in the Martinez Parkin Dist 1 _��- 2.867.33
1999-2000 fiscal year. Antioch Parking Mtce 1A 2 018 13
1 •
Total All Other Agencies: $ 34,257,67
Instructions: List the name and type of each Other Agency within the county (column A)
and the actual amount of ad valorem property taxes shifted in fiscal year
1999-2000(column B). Copy extra pages of the table, if needed.
Total Column B and transfer this amount to Form 903/1396/4a2,Line 5.
State Controller's Office Division ofAccounting and Reporting
Resolution No. 2000/509
Chapter 903,Sections 4a2 and 4a2 Guidelines and Reporting Requirements
A copy of this ordinance or resolution, including forms 903/1396/4a2 and
addenda I, II,II(a),and III(either as part of the resolution or ordinance or as an
attached reference document certified by the chairperson of the board of
supervisors)must be received postmarked no later that December 1,2000, by
bath the State Controller's Office and the Department of Finance,at the
addresses listed below:
State Controller's Office Department of Finance
Attention: Bill Byall Attention: Ms. Betty Yee
Division of Accounting State Capitol, Room 1145
and Reporting Sacramento,CA 95814
P.O. Box 942850
Sacramento,CA 94250
Note: Counties failing to comply with the provisions and deadline dates
established pursuant to Section 4 of these statutes are prohibited from receiving
any moneys allocated by this section.
2 Kathleen Connell-California State Controller
Resolution No. 2000/509
AB 1396 Assembly Bill - CHAPTERED Page 1 of 4
EXHIBIT B „�2 r1�5
BILL NUMBER: AB 1396 CHAPTERED
BILL TEXT
CHAPTER 903
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2000
APPROVED BY GOVERNOR SEPTEMBER 29, 2000
PASSED THE SENATE AUGUST 31, 2000
PASSED THE ASSEMBLY AUGUST 31, 2000
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE AUGUST 28, 2000
AMENDED IN SENATE FEBRUARY 24, 2000
AMENDED IN SENATE SEPTEMBER 8, 1999
AMENDED IN SENATE JUNE 23, 1999
AMENDED IN ASSEMBLY MAY 6, 1999
INTRODUCED BY Assembly Members Aroner and Villaraigosa
(Coauthors. Assembly Members Lowenthal and Wiggins)
FEBRUARY 26, 1999
An act relating to local government finance, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1396, Aroner. Local government finance.
Existing property tax law requires the county auditor, in each
fiscal year, to allocate property tax revenue to local jurisdictions
in accordance with specified formulas and procedures, and generally
requires that each jurisdiction be allocated an amount equal to the
total of the amount of revenue allocated to that jurisdiction in the
prior fiscal year, subject to certain modifications, and that
jurisdiction's portion of the annual tax increment, as defined.
Existing property tax law also reduces the amounts of ad valorem
property tax revenue that would otherwise be annually allocated to
the county, cities, and special districts pursuant to these general
allocation requirements by requiring, for purposes of determining
property tax revenue allocations in each county for the 1992-93 and
1993-94 fiscal years, that the amounts of property tax revenue deemed
allocated in the prior fiscal year to the county, cities, and
special districts be reduced in accordance with certain formulas. It
requires that the revenues not allocated to the county, cities, and
special districts as a result of these reductions be transferred to
the Educational Revenue Augmentation Fund in that county for
allocation to school districts, community college districts, and the
county office of education.
This bill would, with reference to these allocation and transfer
provisions, appropriate $212,000,000 for local fiscal relief. The
bill would require $100,000,000 to be allocated to counties, and then
among the local agencies in each county, in accordance with
specified requirements and formulas applied to reduction and transfer
amounts implemented for the 1999-2000 fiscal year. This bill would,
of the remaining $112,000,000, allocate $10,000,000 among counties
in accordance with population, $100,000,000 among counties and cities
in accordance with population, and $2,000,000 among independent
recreation and park and library special districts on the basis of
reduction and transfer amounts for those districts for the 1999-2000
fiscal year.
Resolution No. 2000/509
AB 1396 Assembly Bill - CHAPTERED Page 2 of 4
The bill would declare that it is to take effect immediately as an
urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the allocation
made by this act be a one-time appropriation, and that reform of the
state and local fiscal relationship be made to ensure that the
service needs at the local level are met. It is the further intent
of the Legislature to continue its efforts to reform the relationship
between the state and local agencies, and to continue those efforts
during the next legislative session.
SEC. 2. It is the intent of the Legislature to provide local
agencies with financial relief in amounts that are proportionate to
the amounts local agencies contribute to Educational Revenue
Augmentation Funds.
SEC. 3. The sum of two hundred twelve million dollars
($212, 000,000) is hereby appropriated to the Controller from the
General Fund for allocation among counties, cities, cities and
counties, and special districts during the 2000-01 fiscal year in
accordance with Sections 4 and 5 of this act.
SEC. 4. For purposes of allocating one hundred million dollars
($100,000,000) of the moneys appropriated by Section 3 of this act,
all of the following apply:
(a) A county is prohibited from receiving any portion of the
moneys unless the county complies with all of the following:
(1) No later than November 1, 2000, the county auditor reports to
the Controller and the Director of Finance the total amount of ad
valorem property tax revenue allocated from the county's Educational
Revenue Augmentation Fund to school districts, community college
districts, and county superintendents of schools for the 1999-2000
fiscal year.
(2) The county board of supervisors adopts an ordinance or
resolution that specifies each amount of ad valorem property tax
revenue shifted from a local agency within the county to the county's
Educational Revenue Augmentation Fund for the 1999--2000 fiscal year,
and the chairperson of the county board of supervisors reports those
revenue shift amounts to the Controller and the Director of Finance
in a manner that identifies the revenue shift amount for each local
agency in the county.
(3) The county board of supervisors adopts an ordinance or
resolution pursuant to which the county agrees to both of the
following:
(A) The county will allocate its share of the appropriated moneys
subject to this section in accordance with subdivision (c) .
(B) The county will not, in connection with either paragraphs (1)
or (2) of this subdivision or subdivision (c) , make any claim for
reimbursement of state-mandated local costs.
No later than December 1, 2000, the county board of supervisors
shall transmit the ordinance or resolution adopted pursuant to this
paragraph to the Director of Finance. The Controller shall
promulgate guidelines for the making of reports as required by this
subdivision, including listing government entities as named in their
annual financial transactions. To the extent feasible, counties
shall report the requested information electronically.
(b) For each county that complies with all of the conditions set
forth in subdivision (a) , the Controller shall do both of the
following:
(1) Perform the following calculations:
(A) Divide the amount reported by the county auditor in accordance
Resolution No. 2000/509
AB 1396 Assembly Bill v CHAPTERED Page 3 of 4
5
with paragraph (1) of subdivision (a) by the total of all of the �� l
amounts reported by counties in accordance with paragraph (1) of
subdivision (a) .
(B) Multiply the amount determined in accordance with subparagraph
(A) by one hundred million dollars ($100,000,000) .
For purposes of performing these calculations, the Controller
shall review the information submitted by the county. If, consistent
with information available from any other reliable source, the
Controller determines that the information may be inaccurate, the
Controller may request the Director of Finance to review the amount
reported by the county in accordance with paragraph (1) of
subdivision (a) . The Director of Finance may direct the Controller
to adjust the amount reported to the Controller by the county in
accordance with paragraph (1) of subdivision (a) . The Controller
shall inform the county of any adjustment that is so made.
(2) No later than January 1, 2001, the Controller shall, from the
appropriated revenues subject to this section, allocate to the county
the amount determined for that county pursuant to paragraph (1) .
(c) In each county that receives revenue in accordance with
subdivision (b) , the county auditor shall allocate that revenue to
those local agencies in the county that contributed a positive amount
to the county's Educational Revenue Augmentation Fund for the
1999--2000 fiscal year. The allocation share for each recipient local
agency shall be determined pursuant to the following calculations:
(1) Divide the amount of revenue shifted for the 1999-2000 fiscal
year from the local agency to the county's Educational Revenue
Augmentation Fund by the total amount of revenue shifted for the
1999-2000 fiscal year to the county's Educational Revenue
Augmentation Fund from all local agencies in the county contributing
a positive amount to that fund.
(2) Multiply the ratio determined pursuant to paragraph (1) by the
amount of revenues allocated to the county pursuant to paragraph (2)
of subdivision (b) .
SEC. 5. For purposes of allocating one hundred twelve million
dollars ($112,000,000) of the moneys appropriated by Section 3 of
this act, all of the following apply;
(a) The Department of Finance shall, no later than November 1,
2000, provide to the Controller its estimate, as of July 1, 2000, of
the population of each of the followings
(1) Each county in the state, with respect to both the entire
county and the unincorporated portion of the county.
(2) Each city in the state.
(3) Each city and county in the state.
(4) The state as a whole.
(b) The Controller shall, no later than December 1, 2000, allocate
ten million dollars ($10,000, 000) among the counties and any city
and county in accordance with each county's or city and county's
proportionate share of the total population of the state.
(c) The Controller shall, no later than December 1, 2000, allocate
one hundred million dollars ($100,000,000) among the counties and
the cities in the state in accordance with the proportionate share,
of the unincorporated area of each county and of each city, of the
total population of the state. For purposes of this subdivision, a
city and county is deemed to be a city.
(d) The Controller shall, no later than January 1, 2001, allocate
two million dollars ($2,000,000) exclusively among those recreation
and park districts formed pursuant to Chapter 4 (commencing with
Section 5780) of Division 5 of the Public Resources Code, for which
the boards of directors are either appointed or elected, as provided
in that chapter; and among those independent library special
districts formed pursuant to Chapter 3 (commencing with Section
18300) of Part 11 of Division 1 of Title 1 of the Education Code or
Chapter 8 (commencing with Section 19400) of Part 11 of Division 1 of
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A.8 1396 Assembly Bill -CHAPTERED Page 4 of 4
Title 1 of the Education Code or Chapter 9 (commencing with Section
19600) of Part 11 of Division 1 of Title 1 of the Education Code that
contributed a positive amount to the county's Educational Revenue
Augmentation Fund for the 1999-2000 fiscal year. The allocation
share for each recipient independent recreation and park or library
special district shall be determined pursuant to the following
calculations:
(1) Divide the amount of revenue shifted for the 1999-2000 fiscal
year from each independent recreation and park or library special
district to an Educational Revenue Augmentation Fund by the total
amount of revenue shifted for the 1999-2000 fiscal year to all
Educational Revenue Augmentation Funds in the state by all
independent recreation and park and library special districts
contributing a positive amount to those funds.
(2) Multiply each ratio determined pursuant to paragraph (1) by
the amount of revenues allocated to independent recreation and park
and library special districts pursuant to this subdivision.
SEC. 6. It is the intent of the Legislature that any dollars not
expended from the Property Tax Administration Loan Program shall be
used to meet the obligation specified in subdivision (b) of Section
5.
SEC. 7. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to allocate essential funds to local agencies as soon as
possible it is necessary that this act take effect immediately.
Resolution No. 2000/509