HomeMy WebLinkAbout051-01RESOLUTION NO. 51-2001
APPROVING AN ADDENDUM TO THE 2000 AGREEMENT
BETWEEN THE TOWN OF DANVILLE AND THE SAN RAMON VALLEY
FIRE PROTECTION DISTRICT
WHEREAS, the Town of Danville and the San Ramon Valley Fire Protection District entered
into a Memorandum of Understanding in 1996 relating to the provision of public safety services;
and
WHEREAS, the Town and the District entered into a property tax transfer agreement in 2000
that superceded the 1996 MOU; and
WHEREAS, the parties agree that it is desirable to adopt an addendum to the 2000 Agreement
in order to clarify the intent of the parties; now, therefore, be it
RESOLVED, that the Danville Town Council approves an addendum to the 2000 Agreement
between the Town and the San Ramon Valley Fire Protection District.
APPROVED by the Danville Town Council at a special meeting on May 29, 2001 by the
following vote:
AYES:
NOES: None
ABSTAINED: None
ABSENT: None
Doyle, Arnerich, Greenberg, Shimansky, Waldo
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST: ,
CITY CLERK
ADDENDUM TO MAY 24, 2000 AGREEMENT
BETWEEN THE TOWN OF DANVILLE AND
THE SAN RAMON VALLEY FIRE PROTECTION DISTRICT
ALLOCATING PROPERTY TAXES FOR
FISCAL YEAR 2000-2001 AND THEREAFTER
This Addendum between the Town of Danville ('~rown"), a general law city of the
State of California, and the San Ramon Valley Fire Protection District ("District"), a
special district organized and existing under the provisions of Health and Safety Code
section 13800 et seq., amends and clarifies the May 24, 2000 Agreement ("Agreement")
between the Town and the District allocating property taxes for fiscal year (,~ey,,) 2000-
2001 and after.
The intent of the Agreement was to provide for a permanent, one-time allocation
of the one percent (1%) ad valorem property tax and/or possessory interest tax,
exclusive of voter approved tax rates for the satisfaction of indebtedness and
indebtedness existing prior to the effective date of Article XIIIA of the State
Constitution (the "property tax") from the District to the Town. The initial
amount to be allocated commencing in FY 2000-2001 was $816,824.69. In
addition, before applying growth for FY 2001-2002, the Auditor/Controller was to
adjust the Annual Tax Increment Allocation Factors CIAFs") consistent with
Exhibit A, reducing the District's IAFs and increasing the Town's IAFs.
As the specific terms of Addendum paragraph number 1 were not set forth in the
Agreement, the County of Contra Costa Auditor/Controller
("Auditor/Controller") took the following action: (1) the described amount of
$816,824.69 was not transferred; and, (2) before FY 2000-2001 growth was
applied, the IAFs were adjusted per Agreement Exhibit A resulting in the Town
receiving only $73,065.50 from the change in allocation of the one percent (1%)
property tax. (AV from 00/01 less 99/00 times 1% of the Town's IAFS, which
included the addition of Agreement Exhibit A factor changes).
To fulfill the original intent of the Agreement, the District will pay to the Town
the amount of $743,759.19 (the monetary difference between the total base
property tax amount of $816,824.69 referenced in Addendum sections 1 and 2 and
the $73,065.50 transfer also described in Addendum section 2). Also, before
growth is added for FY 2001-2002, the District will ensure that the
Auditor/Controller will transfer the additional amount of $743,759.19 in base
property tax at the Tax Rate Area level from the District to the Town as the
County Auditor/Controller performed the IAF shift in FY 2000-2001 instead of
FY 2001-2002. This being accomplished, the total amount of property tax
transferred to the Town for the fiscal year 2000-2001 is $816,824.69.
1
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding on the dates stated.
DATED:
May~f~, 2001
'~FOWN"
TOWN OF DANVILLE
Mike Doyle, Mayor
By: -- ! t ~=ex.,,~.,~,,_
Marie Sunseri, Town Clerk
APPROVED AS TO FORM:
By: (~---~/~ ~
Robert Ewing, 'Town AC-~Att~otto ey
DATED: May ~J~, 2001
"DISTRICT'
SAN RA/VION VALLEY FIRE
PROTECrION DISTRICT
By: DK~r?c~othrsSandy' President Bo~d of ~'~
ATYEST:
Juffath Zanier-S65tt, District Clerk
APPROVED AS TO FORM:
William D. Ross, District Counsel
2
William D. Roes
Diane C. De Felice
Robert D. Pontelle
Carol B. Sherman
Lisabeth D. Rothman
Of Counsel
Law Offices of
William D. Ross
A professional Corporation
520 South Grand Avenue
Suite 300
Los Angeles, California 90071-2610
Telephone:: (213) 892-1592
Facsimile: (213) 892-1519
Palo Alto Office:
400 Lambert Street
Palo Alto, California 94306
Telephone: (6:50) 843-8~0
Facsimile: (6;50) 843-~84
F~le No: 45/3
May24, 2001
VIA U.S. MAIL
Robert Ewing, Town Attorney
Town of Danville
510 La Gonda Way
Danville, California 94526
Re: Addendum to May 24, 2000 Agreement Between the Town of Danville and
San Ramon Valley Fire Protection District
Dear Mr. Ewing:
Please find enclosed two originals of the proposed Addendum to the May 24, 2000
Agreement between the Town of Danville ("Town") and the San Ramon Valley Fire
Protection District ("District").
The District Board of Directors at its meeting of May 23, 2001 approved the
Addendum and executed the two original copies of that document. Please arrange to have
the matter heard by the Town Council and, if approved, please transmit an executed copy
to our office. We will ensure that the District maintains a copy in its files.
Should you have questions concerning this matter, please contact the undersigned
directly.
Very truly yours,
William D. Ross
WDR:smv
Enclosures