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  Consent-General Government   # 16.       
Board of Supervisors County Counsel  
Meeting Date: 12/11/2018  
Brief Title:    Tax Exchange and Developer Contribution Agreements
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172
Supervisorial District Impact:

Subject
Consider a tax-exchange agreement with the City of Davis concerning the Nishi and West Davis Active Adult Center Properties and a separate public benefit agreement with the West Davis Active Adult Center developers. (No general fund impact) (Pogledich)
Recommended Action
  1. Approve and authorize the Chair to sign the tax-exchange agreement with the City of Davis (Attachment A); and
     
  2. Approve and authorize the Chair to sign the agreement with the West Davis Active Adult Center developers providing certain public benefits in connection with the development of that project (Attachment B).
Strategic Plan Goal(s)
Thriving Residents
Safe Communities
Reason for Recommended Action/Background
The tax exchange agreement is a prerequisite to annexation of the two properties covered by the agreement: the Nishi property and the West Davis Active Adult Center property. The City Council and City voters (as required by the City’s Measure R) have approved development projects on both properties
 
The agreement allocates property taxes consistent with each entity’s municipal service responsibilities following annexation.  As the Board is aware, under Proposition 13, property tax is 1% of assessed value.  Revenues remaining after allocations to the state are divided among the different taxing entities that provide services to an area.  The proposed agreement, which also contains provisions addressing sales tax revenue sharing, provides the following major terms following annexation:
  1. The current County share of property taxes for the annexed properties allocated to the County’s General and Accumulated Capital Outlay funds will be allocated 50% to the County and 50% to the City.
  2. Property tax revenue currently allocated to County Road Fund #2 will be 100% allocated to the City.
  3. The County will receive 15% of the City’s Bradley Burns Sales and Use Tax revenue from sales made inside the annexed areas.
  4. The City will receive all property tax currently allocated to the Springlake Fire Protection District from the annexed area.
  5. For the West Davis Active Adult Center only, the City will provide a $12,000 annual contribution to the County for use in emergency services planning and operations, adjusted annually up or down by changes in consumer price index, not to exceed 5%.
  6. The developments will pay the County’s Facilities Impact Fee.
  7. The City and County will partner and cooperate on the following issues:
    1. Improving drainage at the access to the water tank at John Jones Road
    2. A traffic calming analysis to determine the need for, and effectuate traffic calming for John Jones Road/County Road 99 from Covell to County Road 29
  8. The City and County will collaboratively address shared interests including agriculture/urban interface, public health, infrastructure and public services.  These discussions will include land use planning issues, such as future City or County General Plan updates for areas on the periphery of the city, particularly regarding the northwest quadrant. 
This item also includes a separate agreement negotiated by the County (including Supervisors Saylor and Provenza) with developer J. David Taormino in connection with the West Davis Active Adult Center Project.  The agreement provides additional public benefits voluntarily offered by Mr. Taormino to the county, including:
  1. A contribution of $1.25 million toward development of a new or expanded Adult Day Health Center to enhance services for the aging population in Yolo County; and
  2. Construction and dedication of a 10-foot wide bike path connecting the Binning Tract to the West Davis Active Adult Center development. 
The agreement also affirms the County’s commitment to facilitate consideration of West Davis Active Adult Center project site annexation by the Local Agency Formation Commission, as well as county assistance with bike path construction permitting and habitat mitigation for the project.  The current site owner, Binning Ranch LLC, is also a party to the agreement.
Collaborations (including Board advisory groups and external partner agencies)
The tax exchange agreement was developed collaboratively with the City, including a subcommittee of the City Council and City staff.  The developer agreement was developed in coordination with Mr. Taormino and his associates.

Fiscal Impact
No Fiscal Impact
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
$0
Attachments
Att. A. Tax Exchange Agreement
Att. B. WDAAC Public Benefit Agreement

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 12/06/2018 09:31 AM
Form Started By: Phil Pogledich Started On: 12/04/2018 03:58 PM
Final Approval Date: 12/06/2018

    

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