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HomeMy WebLinkAbout1998-10-26 City Councilof Palo Alto City Manager’s Repor TO: FROM: HONORABLE CITY COUNCI~L CITY MANAGER DEPARTMENT: PLANNING AND COMMUNITY ENVIRONMENT 4 DATE:OCTOBER 26, 1998 CMR:395:98 SUBJECT:RESOLUTION MAKING A DETERMINATION OF ZERO PROPERTY TAX EXCHANGE ON THE ANNEXATION OF LANDS OF LEHMAN AT 850 LOS TRANCOS ROAD TO THE WEST BAY SANITARY DISTRICT . RECOMMENDATION- Staff recommends that the Council adopt the attached resolution making a determination of no property tax transfer from the City of Palo Alto to the West Bay Sanitary District. BACKGROUND The San Mateo Local Agency Formation Commission (LAFCo) has received an application to annex territory located within thecity limits of Palo Alto in Santa Clara County to the West Bay Sanitary District. Section 99 of the Revenue and Taxation Code requires that the affected agencies enter into negotiations regarding exchange of property tax revenue. West Bay Sanitary District is not requesting any portion of property taxes received in the area. The City of Palo Alto is required to adopt a Resolution of Zero Tax Exchange in order for the annexation application to be processed. DISCUSSION The owner of parcel 182-36-010 (see attached parcel map) at 850 Los Trancos Road is requesting annexation to the West Bay Sanitary District in order to obtain sanitary sewer services. Several parcels within this area and within the Palo Alto city limits have previously armexcd to West Bay Sanitary District. Since West Bay Sanitary District operates without tax revenues, there is no impact on property taxes. RESOURCE IMPACT There is no impact to City services, staffing or revenues. CMR:395:98 Page 1 of 2 POLICY IMPLICATIONS This report does not represent any change to existing policy. Availability of sanitary services to the site does not represent an increase in potential development of the site since the City!s Open Space (OS) zoning regulations are applicable to the site. TIMELINE Palo Alto is required to act within 60 days of receipt of the, ,notice, which occurred on September 18, 1998. ENVIRONMENTAL REVIEW Annexation of pre-zoned lands to a special district is Categorically Exempt under Section i5319 of the California Environmental Quality Act. ATTACHMENTS Resolution September 18, 1998 letter to Carl-Yeats from San Mateo LAFCo Location map Notice to Subject and Interested Agencies, from County of Santa Clara LAFCo PREPARED BY: James E. Gilliland DEPARTMENT HEAD: G. EDWARD GAWF ~0 Director of Planning .and Community Environment CITY MANAGER APPROVAL: Assistant City Manager cc: Martha Poyatos, 455 County Center, 2nd Floor, Redwood City, CA 94063 CMR:395:98 Page 2 of 2 RESOLUTION NO. RESOLUTION OFT HE COUNCIL OF THE CITY OF PALO ALTO MAKING DETERMINATION OF PROPERTY TAX EXCHANGE PURSUANT TO PROVISIONS OF CHAPTER 282, SECTION 59, PART .05, IMPLEMENTING OF ARTICLE XIIIA OF THE CALIFORNIA CONSTITUTION COMMENCING WITH SECTION 95, DIVISION i, OF THE REVENUE AND TAXATION CODE follows: The Council of the City of Palo Alto does RESOLVE as WHEREAS, state law requires that the City of Palo Alto and the West Bay Sanitary District negotiate a property tax exchange relating tO the proposed annexation of the Lands of Lehman (APN 182-36-010) to the West Bay Sanitary District; and WHEREAS, the City and the District have agreed there is no exchange of service responsibility in regard to sanitary sewer service relating to the proposed annexation; and WHEREAS, the subject determination has been made prior to and as a condition precedent to the Executive Officer of the Local Agency Formation Commission issuing the Certificate of Filing on ¯ said proposal; and WHEREAS, it has been agreed that no property tax revenue will be transferred from the City to the West Bay Sanitary District. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: ~. No property tax shall be transferred from the City of Palo Alto to West Bay Sanitary District. ~. In accordance with Section 3a of Article XIIIB of the state constitution, the appropriation limit of the West Bay Sanitary District shall not be increased based on this agreement. // // // 1 981001 l~e 0090035 ~E~T~Q~__~. The Council finds that this action is categorically exempt under Section 15312 of the Guidelines to the California Environmental Quality Act. INTRODUCED AND PASSED: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST:APPROVED: City Clerk APPROVED AS TO FORM: SeniorAssistant City Attorney Mayor City Manager Director of Planning and Community Environment 2981001 he 0090035 SEP-30-1998 10:49 PL~ING & BUILDING G50 363 4849 P.01/01 SAN MATZO LOCAL AGENCY FORMATION 4~5 COUN’IW CENTER, 2ND FLOOR * REDWOOD CITY, CA 94063.1663 * PHONE (650) To:Carl Yeates Director o~’Adrninisttative Services City of Palo Alto September 18, 1998 VIA FAX: 323~1741 Subje~:Proposed Annexation of the Lands of Lehman to the West Bay Sanitary Distriot Dear Mr. Yeates: San Matco LAFCo has received an applivation to annex territory lo~ated in Santa Clara County to the West Bay Sanita~ Distrbt. One of the parcels (APN 182-36-010) is located within the City of" Palo Alto. Section 99 of the Revenue and Taxation Code requires that affected agencies enter into negotiations regarding exchange of property tax revenue and that resolutions ofprope, rty tax ex~:hange nmst be adopted before LAFCo can schexiuIe an annexation proposal for hearing. West Bay Sanitary Distri= has indioated that they ar~ not requesting a portion of property taxes received in the ar~. In vases where agendes agree not to exchange property tax revenues because there is no exchange of service responsibility, it is necessary to adopt a resolution of zero tax exchange before an ~aexation application ~aa be further provessed by LAFCo. As an a-ffect©d agen~ for the above noted proposal, you are hereby advised of the requirement to "negotiate" and adopt a resolution of property tax exchange. Also, pursuant to Section 99b(4), upon receive of this notice, negotiations on the mount of tax exchange shall not exceed 60 days. Please submit copies of any resolutions to the LAFCo once adopted. If you have any questions regarding this correspondence, please.contact me at (650) 363-4224. Sincerely, Martha Poyatos co;Autumn Arias, Santa Clara LAFCO Carl Schrader, West Bay Sanitary District TOTAL P.OI Portola Valley Arastradero Preserve " OS Project: 850 Los Trancos Road 62O OS Graphic Attachment to Staff Report Date:File #: None Scale: 1" = 600’ North County of Santa Clara ; Local Agency Formation Commission CounW Government Center, East Wing ~’~A70 West Hedding Street. I Oth Floor XSan Jose, California 951 I0 ".."x" (408) 299-2424 FAX 295-1613 \" Autumn Nias, Executive Director 98 SEe -2 2:39 CiTY .~ANAGER’S OFFICE TO: NOTICE TO SUBJI~CT AND INTERESTED AGENCIES August 31, 1998 Leode Franklin, SCC Environmental Resources Agency June Fleming, City of Palo Alto Susan Whelan, Town of Portoia Valley Lennie Roberts, Committee for Green Foothills Jan Dolan, City of Menlo Park Carl Schrader, West Bay Sanitary District Craig Britton, M.R.O.S.D. Susan George, Town of Woodside Leonard Lehrnann Elizabeth Stoma Gregory Agosti Suzanne & James Kohlberg RE: 1998 West Bay Sanitary District SO1 Amendment and Annexation The San Mateo Local Agency Formation Commission has received a Petition to amend the sphere of influence and annex three parcels to the West Bay Sanitary District. The Commission has forwarded the proposal to the Santa Clara County Local Agency Formation Commission for recommendation, as the territory lies within the unincorporated area of SantaClara County. Final approval or disapproval will be made by the San Mateo Local Agency Formation Commission after receiving this recommendation. The territory proposed is generally located as follows: A total of three parcels, !ocated at 65 Los Traneos Road, 85 Los Tr’,mcos Road and 850 LOs Traneos Road and accessed through the Portola Valley area southeast of LOs Traneos Creek. It is within the limits of Santa Clara County and is accessed from a private road off of LOs Traneos Road. It has not yet been determined whether the applications meets all of the necessary filing ~quire.rnents. For further information please contact the.of-flce of the Local Agencyormatlon Commission, County of Santa Clara, County Government Center, East Wing,70 West Hedding Street, Tenth Floor, San Jose, California, 95110. (408) 299-4321 Local Agency Formation Commission Lois Sldar, Deputy Clerk Commissioners: Blanca Alvarado, Donald F. Gage, Trixie Johnson, Pat Figueroa. Susan Vicklund V¢ilson Commission Secretary: (408) 299-4321 "~