HomeMy WebLinkAbout2003-10-14 - AGENDA REPORTS - SC COC TAX AGMT (2)Agenda Item:
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Barbara Boswell
DATE: October 14, 2003
SUBJECT: CITY OF SANTA CLARITA/COLLEGE OF THE CANYONS
PROPOSED USE TAX SHARING AGREEMENT
DEPARTMENT: Administrative Services
RECOMMENDED ACTION
City Council approve the proposed City of Santa Clarita/College of the Canyons Use Tax
Sharing Agreement, and direct the City Manager to execute this Agreement, subject to City
Attorney approval.
BACKGROUND
In late 2002, College of the Canyons (COC) approached staff and indicated their desire to partner
with the City in the development of a program designed to increase Use Tax revenue as a means
to help fund COC's future University Center. The development of this potential program
represents an opportunity for the City and local private sector businesses to jointly help the
College construct their University Center through the generation of new Use Tax revenue the
City does not currently receive.
As background for the City Council, in 1997 Senate Bill (SB) 110, which amended California's
Revenue and Taxation Code, was signed into law by the Governor changing the way use tax
revenue could be disbursed by the State Board of Equalization. Prior to SB 110, use tax
collected by the State Board of Equalization was exclusively placed in State and County Revenue
Pools and distributed on a percentage basis to all counties and cities in California. Much like the
one percent of local sales tax that the City receives, one percent of all use tax flows back to local
agencies. However, once these revenues are disbursed through the state or county pool, Santa
Clarita receives an extremely small portion of this revenue.
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The most significant benefit of the SB 110 is that local agencies such as Santa Clarita have an
opportunity to recover the full one percent of locally generated use tax revenue. For example, if
a business within the City purchased one million dollars worth of capital equipment that was
subject to state use tax, the one percent of local use tax generated by this transaction would equal
$10,000.
In this instance, through the various use tax pools, the City currently recovers 3% of the $10,000
generated in local use tax revenue, which is approximately $300. However, SB 110 would allow
participating local businesses to direct the full one percent of use tax ($10,000) back to the City.
In previous years, City staff has tried to work with local businesses to implement a use tax
program without any success. It is the College's belief that a coordinated effort among both the
City and COC, specifically designed to benefit the future University Center, represents an ideal
approach to develop a use tax program that will be supported by the local business community.
During the past six months, City staff and representatives of COC have met on several occasions
to discuss the development of a Use Tax Sharing Program. During the course of this process,
COC and the City have developed a conceptual Use Tax Program that, if approved by both the
City Council and Community College District Board, will entail the following:
• Four-year agreement whereby the City agrees to share fifty percent (50%) of all new
Use Tax Revenues generated by this program with COC in support of their future
University Center.
• The City agrees to a maximum contribution of $2.0 million in new Use Tax Revenue.
• The City and COC agree to revisit this issue in twelve months and determine if it is
appropriate to make any changes to the terms of this agreement.
ALTERNATIVE ACTIONS
1. Do not approve proposed Santa Clarita/College of the Canyons Use Tax Sharing Agreement.
2. Modify the terms of this proposed Agreement.
3. Other action as determined by the City Council.
FISCAL IMPACT
Under the terms of this proposed Agreement, the City will share 50% of all future, new Use Tax
Revenue generated as a result of this program with College of the Canyons. Shared Use Tax
Revenues will go towards supporting the College's ongoing efforts to fund their future University
Center. The City's maximum contribution towards the University Center during the duration of
this Agreement will not exceed $2.0 million.
ATTACHMENTS
Proposed Agreement between the City and the College of the Canyons available in the City
Clerk's Reading File
Use Tax Deal Points
City/COC Proposed Use Tax Program
Overview of Significant Proposed Deal Points
Length of Agreement 4 Year Agreement between the City & COC to share New Use
Tax Revenue to be capped at a maximum City contribution of
t to be revie!Ke—dafter the Pt vear.
P Campaign 4 Year1Capital CampaI lion. ngn Period during wh ch time COC will
Capital
Period be able to identifyand recruit partici atin local business
Business Outreach COC will be solely responsible for recruiting business
participation. The City's Economic Development Manager
will attend and represent the City at all Business Outreach
meetings scheduled by COC to discuss the Joint Use Tax
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Assistance of and City to retain and manage the day
to day efforts of Municipal
Oversight of Use Tax Revenue Advisors to oversee this
Consultant
program
Breakdown of Shared City to:
Revenues
1. Retain its current 3% share of use tax
revenues
generated through the County Pool (These
revenues
come off the top of any new use tax revenues generated
as a result of this program)
2. City to provide compensation in the amount of 15% of
all future/new use tax revenue to use tax Consultant
3. City to assess an administration fee to process and
remit 50% of all remaining use tax revenue derived
from local businesses participating in this
COC program to
Remittance of Uae Tax
City will remit 50% of all
new use tax on a quarterly basis
upon receipt of such funds from the State
E ualization Board of
Remittance of Revenues
City to remit all use tax
revenues directly to the Community
Colle a District
Compensation to City
COC to internally review, discuss and recommend
possible
opportunities to provide the City with some tangible
benefit/compensation in
return for sharing use tax revenues
(i.e. use of facility meeting
City Use Tax Program
rooms namingy rights, etc.)
City reserves
right to consider the development and
coordination of a Internal Use
Tax program designed to
capture use tax revenues generated from initiated
city capital
type projects — City to retain 100% of revenues
from these projects generated
City also agrees that it will not undertake any effort to
compete with COC in their efforts to
recruit local business
participation
COC representatives request the right to retain all use tax
revenue der;vcd r - a....__