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  Consent-General Government   # 11.       
Board of Supervisors County Counsel  
Meeting Date: 12/12/2017  
Brief Title:    Approve Settlement Agreement with River City Land Holding Company, LLC and River City Parking, LLC regarding tax refund action
From: Philip Pogledich, County Counsel, County Counsel's Office
Staff Contact: Eric May, Senior Deputy County Counsel, County Counsel's Office, x8278

Subject
Approve Settlement with River City Land Holding Company, LLC and River City Parking, LLC regarding tax refund action, direct County Counsel’s Office and the Department of Financial Services to finalize settlement, and authorize Chair to sign final Settlement Agreement. (General fund impact approx. $10,000/year) (Pogledich/May)
Recommended Action
Approve Settlement with River City Land Holding Company, LLC and River City Parking, LLC regarding tax refund action, direct County Counsel’s Office and the Department of Financial Services to finalize settlement, and authorize Chair to sign final Settlement Agreement.
Strategic Plan Goal(s)
Operational Excellence
Thriving Residents
Safe Communities
Sustainable Environment
Flourishing Agriculture
Reason for Recommended Action/Background
River City Land Holding Company, LLC and River City Parking, LLC (“River City”) are the corporate entities that own Raley Field and surrounding parcels in West Sacramento.  Beginning for the 2008/2009 tax year, River City has sought a reduction in the assessed value of the stadium and land.  In December 2014, the Assessment Appeals Board (“AAB”) largely upheld the Assessor’s assessment.
 
River City filed a tax refund action with the Yolo County Superior Court challenging the AAB’s decision.  The parties were able to enter meaningful negotiations in an effort to avoid a costly litigation, and have reached a proposed agreement (Attachment A).  Under the settlement agreement, the stadium would be valued based on a methodology that accounts for the fact that sports facilities’ values are often less than the cost to construct them.  The settlement also keeps intact the assessed value of the land, to be in line with sales in the area.  The settlement would eliminate the risk of a much lower assessment if River City prevailed in its tax refund action, and avoids years of further litigation and associated costs that would have been needed to bring the tax refund matter to a final judgment. 
 
Staff and the Assessor agree that this figure represents a fair assessment of River City’s property, treats River City in line with other taxpayers, and recognizes the unique nature of the stadium.  The settlement is subject to approval by the West Sacramento City Council.  If approved, the settlement would result in a refund of approximately $120,000 per year for the nine years covered by the settlement, plus statutory interest.  The impact to the County is relatively modest, because most of the County's share of property taxes is contractually committed to the stadium's financing arrangement.  Some of the County's payments to the stadium financing will be reimbursed to the County as a result of the reduced property tax assessment.  Staff estimate that the net annual cost to the County's general fund is therefore only up to $10,000 per year.

The Agreement is subject to minor changes needed to effectuate the refund logistics.  Accordingly, Staff asks that the Board direct the County Counsel's Office and Department of Financial Services to finalize the settlement and authorize the Chair to sign the final document, which will substantially conform to the document presented here.
Collaborations (including Board advisory groups and external partner agencies)
The County Counsel's Office, the Assessor's Office, and Department of Financial Services collaborated on finalizing the settlement and resulting financial calculations.

Fiscal Impact
Potential fiscal impact (see notes in explanation section below)
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. Settlement Agreement

Form Review
Inbox Reviewed By Date
Phil Pogledich Eric May 07/25/2017 04:11 PM
Eric May (Originator) Lupita Ramirez 08/25/2017 03:04 PM
Phil Pogledich Phil Pogledich 09/05/2017 10:33 AM
Eric May (Originator) Eric May 12/05/2017 10:26 AM
Financial Services Tom Haynes 12/06/2017 09:13 AM
County Counsel Hope Welton 12/06/2017 10:16 AM
Form Started By: Eric May Started On: 07/20/2017 12:26 PM
Final Approval Date: 12/06/2017

    

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