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HomeMy WebLinkAbout4.12 Camp Parks Annex Prop Tax Exchange Agree J , CITY OF DUBLIN 60o-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 11, 1986 SUBJECT Camp Parks Annexation Property Tax Exchange Agreement PA 85-018 EXHIBITS ATTACHED Draft Revised Resolutions ; Revised Property Tax Exchange Agreement RECOMMENDATION Adopt Resolutions & authorize the Mayor to execute revised agreement FINANCIAL STATEMENT: The modification to the agreement would require the City and the County to agree on the provision of services , the cost of which exceeded 50% of the revenue generated by the Santa Rita Property prior to the implementation of those services . DESCRIPTION At its meeting of July 28, 1986, the City Council adopted two Resolutions approving the property tax exchange agreement with the County as it relates to the Camp Parks Annexation, as well as future annexations within the City ' s Eastern Sphere of Influence. With respect to the provision of future services to the Santa Rita Property area, the agreement adopted by the City Council provided that the City and the County in advance of implementation services to the Santa Rita Property would reach agreement concerning the responsibility of each respective agency for the funding of those services which exceed the revenue generated by the Santa Rita Area. At its meeting of August 5, 1986, the Alameda County Board of Supervisors approved the Resolutions providing for the exchange of property tax for both the Camp Parks Annexation Area as well as the Eastern Sphere Area for the City of Dublin. The Agreement that the Board of Supervisors approved, however, was modified to provide that with respect to the provisions of future services to the Santa Rita Area that the City and the County in advance of the implementation of services would reach agreement concerning the responsibility of the County and the City for funding of the portion of the service costs which exceed 50% of the revenue attributable to the Santa Rita Property. Staff has discussed this change with the County Administrator ' s Office and believes that the change does not have a direct financial impact on the City other than the fact that the City would have to negotiate the provision of services to the County Property sooner than under the agreement adopted by the City Council at its last meeting. Since this is a substantive change to the agreement, it is recommended that the City Council consider and adopt the modification to the agreement as well as adopt the revised resolutions which make reference to this agreement. ------------------------------------------=--------------------------------- COPIES TO: ITEM NO. o - RESOLUTION N0. - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING RESOLUTION NO. 70-86 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN REGARDING CAMP PARKS, TASSAJARA PARK AND SANTA RITA PROPERTIES AND APPROVING AN EXCHANGE OF PROPERTY TAX REVENUES THEREFOR WHEREAS, the City of Dublin has a proposal pending before the Local Agency Formation Commission to annex some or all of the properties respectively known as "Camp Parks" , "Tassajara Park" , and "Santa Rita" all of which are located in the unincorporated portion of Alameda County; and WHEREAS, Section 99 of the Revenue and Taxation Code provides that no local agency jurisdictional change can be completed without the affected agencies having first agreed upon an exchange of property tax revenues ; and WHEREAS, the City of Dublin and the County of Alameda have reached an agreement concerning the exchange of property tax revenues in the event that the above-named properties are annexed by the City of Dublin, and a copy of said Agreement is attached hereto as Exhibit "A" . NOW, THEREFORE, BE IT RESOLVED: 1 . that said Agreement (Exhibit "A" ) is approved and adopted and the Mayor of the City of Dublin is authorized to execute said Agreement on behalf of the City of Dublin; 2 . that the exchange of property tax revenues between the City of Dublin and County of Alameda for the Santa Rita property shall be as set forth in paragraph S of said Agreement, and pursuant to Section 99 of the Revenue and Taxation Code, the exchange therein set forth is approved; 3 . that the exchange of property tax revenues between the City of Dublin and County of Alameda for the Camp Parks and Tassajara Park properties shall be as set forth in paragraph 6 of said Agreement, and pursuant to Section 99 of the Revenue and Taxation Code, the exchange therein set forth is approved. PASSED, APPROVED AND ADOPTED this 11th day of August, 1986 . AYES : NOES: ABSENT: Mayor ATTEST: City Clerk RESOLUTION NO. - 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************** AMENDING RESOLUTION NO. 69-86 APPROVING AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN PROVIDING FOR AN EXCHANGE OF PROPERTY TAX REVENUES FOR THE PROPERTIES IN THE CITY OF DUBLIN EXTENDED TLANNING AREA EAST OF THE CAMP PARKS, TASSAJARA PARK AND SANTA RITA PROPERTIES WHEREAS, the City of Dublin has created an Extended Planning Area to encompass properties to the east of the current City limits and to provide for an orderly annexation of said properties, all of which are located in the unincorporated portion of Alameda County; and WHEREAS, - Section 99 of the Revenue and Taxation Code provides that no local agency jurisdictional change can be completed without the affected agencies having first agreed upon an exchange of property tax revenues ; and WHEREAS, the City of Dublin and the County of Alameda have reached an agreement concerning the exchange of property tax revenues in the event properties in the Dublin Extended Planning Area east of Camp Parks, Tassajara Park, and Santa. Rita are annexed by the City of Dublin. NOW, THEREFORE, BE IT RESOLVED: 1 . that the exchange of property tax revenues between the City of Dublin and County of Alameda for the properties in the Dublin Extended Planning Area east of the Camp Parks, Tassajara Park, Santa Rita properties shall be as set forth in paragraph 7 of the Agreement attached hereto as Exhibit "A" , and pursuant to Section 99 of the Revenue and Taxation Code, the exchange therein set forth is approved. PASSED, APPROVED AND. ADOPTED this 11th day of August, 1986 . AYES : NOES : ABSENT: Mayor ATTEST: City Clerk AN AGREEMENT BETWEEN THE COUNTY OF ALAMEDA AND THE CITY OF DUBLIN REGARDING CAMP PARRS, TASSAJARA PARR AND SANTA RITA PROPERTIES WHEREAS, the City of Dublin (hereinafter "City") has a proposal pending before LAFCO to annex some or all of the properties described hereinafter, which properties are within the unincorporated territory of Alameda County but within the City' s Sphere of Influence and, to the extent permissible by law, the City desires to reach agreement with the County of Alameda (hereinafter "County") regarding the development of the properties and formulae for allocation of property tax and other revenues from the properties in advance of the annexation; and WHEREAS, County is agreeable to the contemplated annexation and wishes similarly to arrive at an enforceable long range agreement with City with respect to development of the aforementioned properties and the allocation of property tax and other revenues attributable to the properties; and WHEREAS, properties consist of the following: (a) All that property described more particularly in Exhibit "A" hereto, which exhibit is made a part hereof by this reference, hereafter referred to as "the Camp Parks property" ; (b) All that property described more particularly in Exhibit "B" hereto, which exhibit is made a part hereof by this reference, hereafter referred to as "Tassajara Park"; and (c) All that property described more particularly in Exhibit "C" hereto, which exhibit is made a part hereof by this reference, hereafter referred to as "the Santa Rita property" . NOW, THEREFORE, County and City do agree as follows: 1. Upon annexation by Dublin of the Santa Rita property, County shall have the right to develop such property in accordance with City' s land use designation for the property as that designation is set forth in City' s general plan and City' s Ordinance No. 25-85 amending the Zoning Ordinance of the City of Dublin. Zoning established by City as of the date of this Agreement, and set forth in City' s Ordinance No. 25-85 , shall become effective upon annexation as allowed by Government Code Section 65859 . Dublin Annexation Agreement- 7/16/86 Page 1 2. Notwithstanding any rights and powers which it may possess as a California county, County agrees to be bound by the provisions of City Ordinance No. 25-85 in its development of the properties described herein. Accordingly, _planned development rezoning and site development review will be processed in accordance with City zoning ordinance and tentative subdivision maps will be processed in accordance with City' s subdivision map ordinance. City agrees however that such processing will not be accomplished in a manner which will materially interfere with the development of any of the property described herein for density and intensity as set forth in City' s Ordinance No. 25-85, a copy of which is attached hereto as Exhibit "D", and incorporated herein by reference. City acknowledges that County enters this agreement with the understanding and expectation that City does not intend to modify Ordinance No. 25-85 or any land use, planning, zoning, or building regulation in such a manner as to reduce permissible intensity, use and density standards to a level less than that presently in effect with Hacienda Business . Park located in the City of Pleasanton. City agrees that such a reduction will constitute failure of a material condition precedent and constitute grounds for County' s unilateral rescission of any and/or all executory provisions of. this agreement. 3 . City understands that County will seek out private development of all or parts of the property described herein through a ground lease or other arrangement with a major development company, which company will take the lead role in designing any project and obtaining necessary approvals for the development of any project. Accordingly, City agrees to work cooperatively with any such developer or developers. 4 . The parties hereto agree that they will enter into a development agreement of the sort authorized by and described in Government Code Section 65864, et seq. , prior to any development of the Santa Rita property. Any such agreement shall include as a party any developer (s) who lease (s) the Santa Rita property or otherwise develops it with County. As used herein, "development" shall mean any "use" as defined in City' s zoning ordinance with the exception of those uses defined as (1) temporary uses and for which an administrative conditional use permit has been secured; and (2) nonresidential governmental buildings or uses. The execution of such an agreement as to each portion of County property to be developed Dublin Annexation-Agreement, 7/16/86 Page 2 is a conditiin material to this agreement. Failure of the parties to execute such an agreement for each piece of County property shall constitute a failure of condition and excuse performance of any remaining executory provisions of this contract. 5. Pursuant to Revenue and Taxation Code Section 99, et seq. , the parties agree that upon annexation property tax, .sales tax and other revenues will be divided between City and County as follows: (a) Santa Rita Property: City will transfer to County on a quarterly basis all revenues attributable to the Santa Rita property as such revenues are specified in Column (C) on Exhibit "E", which exhibit is made a part hereof by this reference. Such revenues and the transfers thereof shall not be deemed an appropriation subject to limitation by City for purposes of California Constitution Article XIIIB. (b) County and City will each retain those revenues as specified in Exhibit "E" . (c) County will remit to City on a quarterly basis an amount equal to all of City's costs for providing services to the Santa Rita property for that quarter, said costs to be determined in accordance with the formulae which are attached hereto as Exhibit "F", and made a part hereof by this reference. (d) Auto Franchises: The parties agree that sales taxes attributable to auto franchises located within the City limits of City contribute materially to City's tax base. Notwithstanding paragraph 5 (a) , County agrees that should any auto franchise, whether currently located within City' s existing boundaries, or hereafter located within the City' s existing boundaries, relocate to any County owned property described in Exhibit "C" to this agreement within twelve (12) months from the date the franchise ceased operating in the City, all sales tax attributable to the said facility shall be allocated to City as if the facility had remained in the City of Dublin. Should any auto Franchise which was first located on the Santa Rita property thereafter relocate its facility within City's boundaries as they currently exist within twelve (12) months from the date the franchise ceased operating in the Santa Rita property, City agrees to remit to County on a quarterly basis all sales taxes attributable to such auto franchise. Dublin Annexation Agreement 7/16/86 Page 3 (.e) City •and- County. agree that each entity' s appropriation limit shall remain unchanged upon annexation of the properties. (f) Future Services : In the event that City determines that municipal services of any nature are required in the Santa Rita property area and the costs of said services will exceed 50% of the revenue attributable to the Santa Rita property, City and County shall, in advance of the implementation of said services, reach agreement concerning the responsibility of City and County for the funding of the portion of the service costs which exceed 50% of the Santa Rita area revenues. 6 . City and County agree that upon annexation City will receive 25.4% of the property and/or possessory interest taxes attributable to the property described in Exhibits "A" and "B" to this agreement. 7. Allocation of Revenues in the Event of Future Annexations: City and County agree that upon future annexations, City will receive 25.4% of the property and/or possessory interest taxes from any property lying to the east of City and within City' s present Sphere of Influence and not subject to this agreement. Allocation of revenues for such properties according to the above percentage is a condition material to this agreement. In the event that County alters or modifies the resolution approving the property tax exchange for the properties in the City of Dublin Extended Planning Area east of Camp Parks, Tassajara Park and Santa Rita to' change the said 25.4% property tax/possessory interest tax split then: (1) the provisions of paragraph 5 (a) of this agreement shall be ineffective and shall be of no force or effect and City shall retain all revenues attributable to the Santa Rita property; (2) County shall pay to City an amount equivalent to 25.4% of the property tax and/or possessory interest tax from the Santa Rita property; and (3 ) the provisions of paragraph 5(c) shall be ineffective. In the event that City alters or modifies the resolution approving the property tax exchange for the properties in the City of Dublin Extended Planning Area east of Camp Parks, Tassajara Park and Santa Rita to change the said 25.4% property tax/possessory interest tax split then: (1) City will remit Dublin Annexation Agreement 7/16/86 Page 4 the 25.4% of property tax revenues_ attributable to the properties _ ,_ .. _ described in Exhibits "A" and "B" to County. Dated: COUNTY OF ALAMEDA By: Chairman, Board of Supervisors Approved As To Form: County Counsel Dated: CITY OF DUBLIN By: Mayor Attest: City Clerk Approved As To Form: City Attorney Dublin Annexation Agreement 7/16/86 Page 5