(Note: This post was created by going to the BOS website, clicking on the “Resolution” link, sorting through the file extensions and finding the two with .txt extensions and “stitching” the two together into one document. Sorry about any errors omissions and the “clunky formatting”. Sure would have been nice if the documents had been available in a “Word” format.)
BEFORE THE BOARD OF SUPERVISORS
OF THE COUNTY OF MERCED, STATE OF CALIFORNIA
In the Matter of
CANCELLATION OF MASTER PROPERTY )
TAX REVENUE SHARING AGREEMENT ) RESOLUTION NO.
WITH THE CITY OF LIVINGSTON )
WHEREAS, section 99 of the Revenue and Taxation Code of the State of California provides that in the case of a jurisdictional change (annexation), the governmental bodies of all agencies whose service responsibilities are altered by the change shall determine the amount of property tax revenues to be exchanged between them; and,
WHEREAS, on September 21, 2004, the Merced County Board of Supervisors, through Resolution 2004-187, adopted a master property tax sharing agreement with the City of Livingston [City]; and,
WHEREAS, the 2004 Master Property Tax Sharing Agreement with the City, among other things, contains a provision for County General Plan policies to accommodate City growth; and,
WHEREAS, on October 21, 2008, the City adopted a new general plan (2025 Plan) for the City; and,
WHEREAS, County representatives, on numerous occasions during the City’s consideration of the general plan and prior to its adoption, expressed serious concerns to City staff, the City’s consultants, and to the City Council over the adequacy of the Environmental Impact Report prepared for the plan and fundamental conflicts with the proposed City general plan with the adopted County General Plan; and,
WHEREAS, despite the repeated concerns voiced by the County, the City made no substantive changes to the Environmental Impact Report or to the proposed general plan in response to the County’s concerns; and,
WHEREAS, the County Executive Officer, by a letter submitted to the City on December 17, 2008, reinforced the prior concerns voiced by the County, notified the City that the County would not be able to support the implementation of the City’s 2025 General Plan, notified the City of the County’s intent to cancel the 2004 Master Property Tax Sharing Agreement with the City, and requested that the City contact the County to begin to negotiate a new master tax sharing agreement; and,
WHEREAS, the City has not requested any meetings with the County to begin to negotiate a new master tax revenue sharing agreement.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors for the County of Merced that because the 2025 Livingston General Plan sets a policy direction for the future growth of the City of Livingston that is fundamentally in conflict with the County General Plan, the County cannot administer the County General Plan in a manner that supports the implementation of the 2025 Plan.
BE IT FURTHER RESOLVED, that because the 2004 Master Property Tax Sharing Agreement with the City obligates the County to actions which support the implementation of the City General Plan, it is no longer in the best interest of the County to continue with the 2004 Master Property Tax Sharing Agreement with the City.
BE IT FURTHER RESOLVED, that by this Resolution, the County hereby cancels the 2004 Master Property Tax Sharing Agreement with the City.
BE IT FURTHER RESOLVED, that this Resolution shall take effect on July 1, 2009.
I, DEMITRIOS O. TATUM, Clerk of the Board of Supervisors of the County of Merced, do hereby certify that the foregoing resolution was regularly introduced, passed and adopted by said Board at a regular meeting thereof held on 9th day of June, 2009 by the following vote:
WITNESS my hand and the Seal of this Board this day of , 20
DEMITRIOS O. TATUM, CLERK