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436 <br /> <br />Agency staff acknowledges the District's three-page summar~ <br />of the conversations which took place on June 2, 1992. As vnth <br />any negotiation session, there are two sides to the story and at <br />least two versions of ~hat took place. It was not the Agency's <br />staffs intent to "cloud ~the .account of the meeting" by the one- <br />paragraph summary contained within Section M of the Report <br />to Council. Health and Safety Code Section 33352(m) requires <br />that the report include "an analysis by the agency of the report <br />submitted by the County as required by .Section 33328, which <br />shall include a summary of the consultation of the agency, or <br />attempts to consult by the agency, with each of the taxing <br />agencies as required by Section 33328; and an analysis by the <br />age. ney of the report of the fiscal review committee, if any, <br />which shall include .the agency's response to the report of the <br />fiscal review committee, as requiredby Section 33353.7, <br />additional information, if any, and, at the discretion of the <br />Agency, proposed mitigation measures." The Agency prepared <br />a twenty-seven (27) page'response and dedicated one <br />paragraph each to summarize the consultations with each <br />taxing entity. <br /> <br />A portion of the June 2, 19.92 meeting, which the District's <br />consultant has overlooked ~n their summary of the meeting, <br />was the .A. gency's explanation of how the Agency was <br />aPProaching the calculation of fiscal detriment for each of the <br />affected taxing entities. That is, the Agency staff reviewed the <br />development scenarios which were presented by the various <br />taxing entities and des. cribed the revised sce. narlo the Agency <br />used to calculate detriment and why it was ~mportant for the <br />Agency t.o take a consistent approach to th.e negotia.tions with <br />each taxing entity. The Agency also described how ~t used the <br />impact rates generated by the District to calculate the <br />detriment, how detriment prior to 1992 was incorporated, and <br />the background for how the.proposed pass-through of 1.52% of <br />gross, tax increment was derived. The Agency also presented <br />specdic issues regarding the District's fiscal impact report and <br />identified discrepancies within that report. The Agency's <br />1.52% offer was based upon 'a clear set of assumptions, and the <br />backup for these assumptions was 8iven to the Dist. rict. <br />Agency staff indicated to the District's representat, lves that <br />they were unable to ascertain from the D~strict's fiscal <br />detriment report exactly what the District was requesting as a <br />pass-through~ Agency staff requested that the District present <br />a number which represented what they felt the. calculation of <br />detriment to be. After the District's "private t~me" during that <br />meeting, the District returned to the negotiations setting and <br />said they were willing to ac. cept 65% of their share and <br />indicated that this calculation was "picked out of the air." The <br />Agency consistently approached negotiations with all the taxing <br />entities on the basis of calculations which could be supported. <br />Agency staff does not believe that the District haspresented an <br />adequate substantiation for their proposed level of pass- <br />through. This is discussed further in Section L of this report. <br /> <br /> <br />