HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-518 C.q3
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
ADOPTED this order on
_QCMByjz 6, 1998 by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAUII.NIER, CANCIAMILLA and ROGERS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 98/518
SUBJECT: MASTER PROPERTY TAX TRANSFER AGREEMENT)
WITH SAN RAMON VALLEY FIRE PROTECTION }
DISIRICT )
WHEREAS, Revenue and Taxation Code section 99.01 provides that a jurisdictional change resulting from
a special district providing one or more services to an area where such services have not been previously provided
shall not become effective if one or more affected special districts involved in the jurisdictional change fails to
adopt a resolution agreeing to a negotiated property tax exchange; and
WHEREAS, with the exception of the annexing district, the Board of Supervisors shall determine the
property tax exchange for each affected district that fails to adopt a resolution agreeing to a property tax transfer;
and
WHEREAS,from time to time territory is annexed to the Central Contra Costa Sanitary District (CCCSD)
and the East Bay Municipal Utility District (EBMUD) or the Dublin-San Ramon Services District(DSRSD)which
could affect the amount of property taxes allocated to the San Ramon Valley Fire Protection District (SRVFPD);
and
WHEREAS, the County of Contra Costa (CCC), CCCSD and EBMUD have adopted a master property tax
transfer agreement regarding annexation to said districts as detailed in CCC Resolution No. 82/134 which includes
Exhibits.A and B, which is incorporated by reference as though fully set forth and attached as Exhibit AA to this
Resolution; and
WHEREAS, in the absence of a master property tax transfer agreement between CCC and DSRSD, CCC
and DSRSD have agreed on prior occasions to apply the terms of the CCC/CCCSD/EBMUD master agreement
to DSRSD in annexations involving DSRSD; and
WHEREAS, in the absence of a formal master property tax transfer agreement between CCC and
SRVFPD, CCC and SRVFPD have agreed on prior occasions to apply portions of the terms of the
CCC/CCCSD/EBMUD master agreement to SRVFPD in annexations involving SRVFPD; and
WHEREAS, SRVFPD, an affected agency with the right to negotiate tax transfer on its own behalf
(Revenue and Taxation Code section 99.01 (a)(3)) has requested the adoption of a master tax transfer agreement
between CCC and SRVFPD which would apply to future annexations affecting SRVFPD as follows:
During the time that a proposed jurisdictional change is first under consideration by the Local Agency
Formation Commission, the County shall prepare an estimate of the SRVFPD property tax increment
allocation factor reduction that would result at that point in time from applying the existing
CCC/CCCSD/EBMUD master property tax transfer agreement and shall inform SRVFPD of that estimate.
If the estimated property tax reduction is less than one percent,the CCC/CCCSD/EBMUD master property
tax transfer agreement shall apply. If the estimated property tax reduction is one percent or more,
SRVFPD shall consider separately, and have seven (7)working days from the time it receives notification
of the estimated reduction to notify the County, whether SRVFPD will negotiate a separate exchange or
agree to have provisions of the existing CCC/CCCSD/EBMUD master property tax transfer agreement
apply. Notwithstanding the foregoing, this Resolution is not intended to waive any rights of the County
and/or SRVFPD consistent with the provisions of Revenue and Taxation Code §99.01 (a) (4)when the
estimated reduction is greater than 1% and SRVFPD fails to adopt a resolution providing for the exchange
of property tax revenue within the period specified by law; and
WHEREAS,this resolution will become effective upon the adoption of a concurring resolution by the Board
of Directors of SRVFPD and will remain in effect until canceled by either party by a written 30-day notice to the
other party.
THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVED
that property tax transfers regarding SRVFPD in all pending and future annexation proposals affecting SRVFPD
shall be in accordance with the above discussed master property tax exchange agreements between CCC,
CCCSD and EBMUD as conditioned by this resolution and shall apply for the fiscal year for which the State Board
of Equalization makes the tax rate area changes for a jurisdictional change. The terms of the master agreement
as determined by this resolution shall apply in subsequent years unless changed by the mutual agreement of
affected agencies or subsequent jurisdictional changes. The terms of this resolution apply to affected territory as
submitted or revised by the Local Agency Formation Commission.
I hereby certify that the foregoing is a
true and correct copy of an action taken
and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED. .�'' /enom"
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By --
Deputy
Attachment
cc: County Administrator
Auditor-Controller
County Counsel
LAFCO
Chief William Dutcher, SRVFPD
William Gregory, CCCSD
Joseph Callahan, EBMUD
Bert Michalczyk, DSRSD
RESOLUTION NO. 98/ k8