Agenda

Return

C. 57

To:	Board of Supervisors
From:	David Twa, County Administrator
Date:	December 6, 2016

Contra

Costa

County

Subject:

Resolution Authorizing Sales Tax Apportionment with the City of Concord and Approval of Agreement

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 12/06/2016

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

Contact:	Lisa Driscoll, County Finance Director (925) 335-1023
cc:	Beth Lee County Administrator Auditor-Controller Conservation and Development Public Works Federal Aviation Administration

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 6, 2016
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

ADOPT Resolution No. 2016/651, approving and authorizing the County Administrator, or designee, to execute an agreement with the City of Concord to apportion sales tax revenue from future development on Parcel C at Buchanan Field Airport.

FISCAL IMPACT:

There may be impact on the General Fund. The agreement provides for the County and the City to share sales and use tax revenue (“STR”) generated at the site. Each jurisdiction’s allocation depends on whether the future tenants of Parcel C previously operated at a different location in Concord. If the tenant did not previously operate at a different location in Concord, the City will be entitled to 51% of the STR and the County will be entitled to 49%. If the tenant previously operated at a different location in Concord, the City will be entitled to a little more than 51% of the STR, with the actual amount determined by an agreed-upon formula. If a lease is successfully negotiated for Parcel C, the Airport Enterprise Fund would realize lease and other revenue.

BACKGROUND:

BACKGROUND: (CONT'D)

Parcel C is a vacant County-owned parcel located on the northwest corner of Marsh Drive and Solano Way on the north side of Buchanan Field Airport (APN 125-210-012). The parcel is designated for non-aviation use on the Buchanan Field Master Plan.

The parcel is approximately 4.6 acres in size. About a third of the parcel is within the County’s jurisdiction; the remainder is within the jurisdiction of the City of Concord (“City”). A majority of the parcel is within the Runway 19R protection zone, which requires the land uses and subsequent improvements (such as building location, height, and the like) to comply with the FAA compatibility standards.

While the property may have development constraints, it is well situated for commercial and retail uses. The property has easy access to and visibility from Highway 4, which has resulted in many development interests over the years. Development attempts, however, have been prevented because there was no agreement between the County and the City with respect to the development review process or the apportionment of the sales and use tax revenue that would result from a commercial operation at the site. In order to permit development of the site, the County and the City have developed an agreement that addresses the primary issues: (1) apportionment of sales and use tax revenues; (2) designation of the lead jurisdiction for the entitlement process (planning, environmental, and building inspection functions); and (3) coordination and communication between the parties.

CONSEQUENCE OF NEGATIVE ACTION:

Not having an agreement to address the private development of, and apportionment of tax revenue from, Parcel C will result in the property remaining undeveloped for the foreseeable future, which may negatively impact the Airport Enterprise Fund and County General Fund.