HomeMy WebLinkAboutR04-Economic Development Agency
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DEVELOPIIEWT DEPARTIIEWT
OF TBE CITY OF SAlI BElllWlDIIro
REODEST FOR COIMISSIO./COUllCIL ACTIO.
From:
KENl'IETH J. HENDERSON
Executive Director
Subject: APPROVAL OF FISCAL IMPACT
AGbJgowu WITH TBE COUNTY
OF SAlI BElllWlDIIro RELATIVE
TO TBE 1Ir. VEUO. CORRIDOR
Date:
April 1, 1992
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SvnoDsis of Previous Cn--issionlCouncil/Cn.mittee ActionCs}:
On June 25, 1990, the Mayor and Council adopted ordinance MC-733 which
approved and adopted the Mt. Vernon Corridor Redevelopment Project
Area.
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RecQ"~~ed MotionCs}:
CCommnnitv Develonnent Cn.-ission}
MOTIOW
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF A CERTAIN FISCAL IMPACT AGREEMENT IN
CONl'lECTION WITH THE ADOPTION OF THE lIT. VERNON CORRIDOR
REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN ACCORDANCE WITH HEALTH AND SAFETY CODE
SECTION 33401. -
~O.
Executive Director
Administrator
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Contact Person(s): Ken Henderson/Sue Morales
Phone:
5081
Project Area(s): Mt. Vernon Corridor (MTV)
Ward(s):
1.3 & 6
Supporting Data Attached: Staff ReDort: Resolution: Aareement
FUNDING REQUIREMENTS:
Amount: $
N/A
Source:
N/A
Budget Authority:
N/A
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CommissionlCnnncil Wotes:
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KJH:SMM:1ag:0655E
COIlllISSIO. MEETING AGDDA
lIeeting Date: 4/6/1992
Agenda Item Wumber: ~
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DEVELOPMENT DEPARTMENT
OF TIlE CIn OF SAB BERlWlDIBO
STAFF REPORT
Aooroval of Mt. Vernon Corridor T..yfJUl Aareement
With the Countv of San Bernardino
On June 25, 1990, the Mt. Vernon Corridor Redevelopment Project Area
was adopted. During the period preceding and following the project
adoption, negotiations relative to the distribution of tax increment
were held between the City and the County of San Bernardino. An
agreement, however, was not reached prior to the adoption date.
Consequently, the County filed legal action to invalidate the
redevelopment plan. Negotiations continued and an agreement was
reached early this year. The County formally approved the agreement on
March 23, 1992 and subsequent to our approval, will dismiss the court
action.
The proposed agreement provides that in any fiscal year wherein the
annual growth is less than or equal to the Threshold Rate (Which is
defined as an annual growth of seven and one-half percent) the
percentage factor to be applied against the county share shall be
thirty five percent (35~). However, if the annual growth is more than
the Threshold Rate, the percentage factor to be applied against the
county share shall be a combination of thirty five percent (35~) for
the amount up to and including the Threshold Rate, and sixty percent
(60~) for the amount in excess of the Threshold Rate. An illustration
of the calculation is demonstrated on the attached Exhibit "A".
The Commission previously approved agreements with the remaining taxing
agencies in November, 1990. At that time, the Commissiori authorized
execution of the fiscsl agreements with the understanding that the
agreements would be brought back with resolutions for final adoption.
Since that time, staff and special counsel have attempted to clarify
certain financial provisions in the school district fiscal agreements.
It is anticipated that within the next two (2) months, all agreements
will be brought back to the Mayor and Common Council for final approval.
Staff recommends adoption of the attached resolution.
DON, Ezecutive Director
rtaent
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KJH:SMM:lag:0655E
COtKtSSION MEETING AGEImA
Meeting Date: 4/6/l992U
Agenda Itl!llll'fualber: ~
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pi.cal Year
Bas. Year 1989-90
1990-91
1991-92
1992-93
(I)
$100,000
x 2'.88'
$ 24,880
x 3St
$ 8,708
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EXHIBIT "A"
, Increas.
Assessect Above Prior
Valu. Year
1t Property
Tax
Increment:
Amount
Payable
to County
10011
10511
11011
119.911
MIA
5'
4.76t
9t
MIA
MIA
100,000
199,000
8,708(1)
18,355(1)
Property Tax Increaent
County Share
Factor (rat. of growth was 4.76t for 1991-92
above 1990-91 which is less than Threshold
Rate)
Total Property Tax Increment payable to
County for 1991-92
m 1992-93 Threshold Rat. calculation
$ 110,000,000
x 7.5'
$ 8,250,000
+ 110.000..000
$ 118,250,000
- 100.000.000
$ 18,250,000
x 1t
$ 187,500
x 2'.88'
$ 45,406
x 35t
$ 15,892.10
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0I1251fJ :1:00
1991-92 Assessect Value
Base Year
Tax Rate
County Share
Factor
Property Tax Increment payable to County on
Threshold Rate
(cont'd)
if
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1992-93 Calculation for Aaount in Exce.. of Thre.hold Rat.
$ 119,900,000
- 118.250.000
$ 1,650,000
x 1t
$ 16,500
x 24.88t
$ 4,105.20
x 60t
$ 2,463.12
$ 15,892.10
+ 2.463.12
$ 18,355.22
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1992-93 As....ed Value
Adju.ted As....ed Value up to Thr..hold Rat.
A.....ed Value above Thr..hold Rate
Tax Rat.
Property Tax Incr_.nt above Thre.hold Rate
County Share
Factor
Prop.rty Tax Incr_.nt payable to County
above Thr..hold Rat.
Property Tax Incr_ent payable to County on
Thre.hold Rat.
Property Tax Incr-.nt payable to County
above Thr..hold Rate
Total Property Tax Incr_ent payable to
County for 1992-93
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COMMUNITY DEVELOPMENT COMMISSION OP THE
CITY OP SAN BERNARDINO, CALIPORNIA
AGENDA
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April 6, 1992
RESOLUTION OP THE COMMUNITY DEVELOPMENT
COMMISSION OP THE CITY OP SAN BERNARDINO,
CALIPORNIA, AUTHORIZING THE EXECUTION or A
CERTAIN PISCAL IMPACT AGREEMENT IN CONNECTION
WITH THE ADOPTION or THE NT. VERNON CORRIDOR
REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS
AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND
SAFETY CODE SECTION 33401.
Exhibit "A"
Aqreement
Action to
be Taken:
Adopt Resolution.
certified copy of Resolution to be returned to Sabo , Green, a
Professional Corporation.
SBIlIlIOOOII5li6
1DI31/914:2lI
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RESOLUTION NO.
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10 the State of California; and
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RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CERTAIN FISCAL IMPACT AGREEMENT IN
CONNECTION WITH THE ADOPTION OF THE
NT. VERNON 'CORRIDOR REDEVELOPMENT PROJECT
AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN ACCORDANCE WITH HEALTH AND
SAFETY CODE SECTION 33401.
WHEREAS, the City of San Bernardino, California (the
"City"), is a municipal corporation and a charter city duly
created and existinq pursuant to the Constitution and the law. of
WHEREAS, the Community Development Commission of the
City of San Bernardino (the "Commission") on behalf of the
Redevelopment Aqency
of the City of San Bernardino
(the
"Aqency"), is a redevelopment agency, a public body, cOrPOrate
and politic of the State of California, orqanized and existinq
pursuant to the Community Redevelopment Law (Part-1 of Division
24) commencinq with Section 33000 of the Health and Safety Code
of the State of California (the "Act"); and
WHEREAS, the Commission has previously approved the
Redevelopment Plan (the "Redevelopment Plan") for the Nt. Vernon
Corridor Redevelopment Project Area (the "Project Area"); and
WHEREAS,
in connection with its adoption of the
Redevelopment Plan, the commission has previously entered into
negotiations with various affected taxinq agencies for the
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purposes of mitigating or reducing any possible fiscal impacts
which _y be experienced by such affected taxing agencies through
the adoption and implementation of the Redevelopment Plan; and
WHEREAS, in accordance with Health and Safety Code
Section 33401, the Agency may pay to any taxing agency with
territory located within the Project Area any amounts of money
which the Agency has found are necessary and appropriate to
alleviate any financial burden or detriment to any such taxing
agency which is caused by the implementation of the Redevelopment
Plan; and
WHEREAS, the County of San Bernardino (the "County")
and the San Bernardino County Flood Control District (the
"District"), both of which are affected taxing agencies, have
presented the Agency with satisfactory evidence that as a result
of the redevelopment of the proj ect Area, the County and the
District shall experience a financial burden or detriment, and
that the agreement as described herein is necessary to relieve
said financial burden or detriment; and
WHEREAS, the Agency, the County and the District deem
it desirable to enter into that certain Agreement by and among
the Agency, the County and the District, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this
reference, which provides for the pass through of certain tax
increment amounts by the Agency to the County and the District as
more fully described in said Agreement; and
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WHEREAS, new development within the Project Area will
necessitate the development of new facilities and the provision
of services by the County and the District in order to provide
existing levels of service and the existing facilities and
services funding is insufficient to provide for the acquisition,
cons~ruction and installation of such facilities and the
provision of such services; and
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10 Project Area the population within the boundaries of the Project
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WHEREAS, the County and the District must provide new
facilities and services to respond to population growth within
their respective boundaries which facilities and services are
often funded by State or local funds and which funds are limited
and not always available to the County and the District when
needed; and
WHEREAS, the County and the District have requested the
Agency to relieve the financial burden and detriment caused by
the imp I_entation of the Redevelopment Plan pursuant to the
terms of the Agreement attached hereto; and
WHEREAS, the County and the District have presented
evidence to the Agency that as a result of the implementation of
the Redevelopment Plan they will suffer a financial burden or
detriment; and
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WHEREAS, the County and the District are desirous of
cooperating with the Agency so that the Redevelopment Plan may be
i.plemented, and, accordingly, the parties have provided for the
allocation of tax increment revenues as set forth in the
Agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION
ACTING ON BEHALF or THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. The above Recitals and each of them are
true and correct and the action taken pursuant to this Resolution
is based upon the facts stated in said Recitals.
Section 2. With respect to the County and the
District, the Agency hereby finds that:
(1) That the County and the District have presented
substantial evidence to the Agency which has been considered by
the Agency;
(2) That as a result of the implementation of the
Redevelopment Plan the County and the District shall experience
a financial burden or detriment due to the need to provide more
extensive facilities and services and upgraded improvements; and
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1 (3) That the Agreement referenced in the Recitals
2 herein provides for a method of the allocation of certain tax
3 incr_ent revenues between the Agency, the County and the
4 District which is necessary to alleviate said financial burden
5 and detriment suffered by the County and the District.
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Section 3. The Agency hereby finds and deter1lines
that the above referenced Agreement has been prepared in
accordance with the provisions of Health and Safety Code Section
33401, and the Agency hereby approves said Agreement attached
hereto as Exhibit "A". The Chairman and the Agency Secretary are
hereby' expressly authorized and directed, to execute said
Agre_ent upon adoption of this Resolution, subject to such
changes, additions or deletions as may be recommended by the
Agency Counsel and approved by the Agency Administrator for the
intended transaction contemplated therein.
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1 RESOLUTION OP THE COMMUNITY DEVELOPMENT COMMISSION OP THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OP A
2 CERTAIN FISCAL IMPACT AGREEMENT IN CONNECTION WITH THE ADOPTION
OP THE NT. VERNON CORRIDOR REDEVELOPMENT PROJECT AND MAKING
3 CERTAIN PINDINGS AND DETERMINATIONS IN ACCORDANCE WITH HEALTH AND
SAFETY CODE SECTION 33401.
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Section 4.
This Resolution shall take effect upon
the date of its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Community Development Commission of the city of
San Bernardino at a
meeting
thereof, held on the
day of
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1992, by the following vote, to wit:
AID
BAn
ABSTAIN
ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Secretary
day of
The foregoing resolution is hereby approved this
, 1992.
W. R. Holcomb, Chairman
Community Development
Commission of the
City of San Bernardino
Approved as to
form and legal content:
By: ~Ao__ .~~(~ )
:/~~e~
IIIIID\lIIIllIIDOC\!M
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STATE OP CALIPORNIA )
COUNTY OP SAN BERNARDINO) ss
CITY OP SAN BERNARDINO )
I, Secretary of the Co..unity
Development Commission of the City of San Bernardino, DO HEREBY
CERTIFY that the foregoing and attached copy of co_unity,
Development Commission of the City of San Bernardino Resolution
No. is a full, true and correct copy of that now on
file in this office.
IN WITNESS WHEREOP, I have hereunto set my hand and
affixed the official .eal of the Community Development Co_ission
of the City of San Bernardino this day of
, 1992.
Secretary of the
Community Development Commission
of the City of San Bernardino
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AGRlBIIBN'l BY AlII) AMONG
THI COMMUNITY DIVILOPIIINT COMMISSION
OF THI CITY OF SAN BDNARDINO,
THI COUNTY OF SAN BDNARDINO AlII) THI
SAN BIRNARDINO COUN'1'Y FLOOD CONTROL DISTRICT
PERTAINING '1'0 THI
JI'l'. VlRNON CORRIDOR RlDIVILOPMINT PROJICT
THIS AGRlIMINT is _d. .nd .nt.red into this 23l'd d.y ot
Karc:h , 1992, by .nd betw..n th. COMMUNITY D'fiiLoPMINT
COMMISSION OF THI CITY OF SAN BIRNARDINO (th. wAgencyW), th. COUN'1'Y
OF SAN BIRNARDINO (th. wcountyW) .nd th. SAN BIRNARDINO COUNTY
FLOOD CONTROL DISTRICT (th. WDistrictW).
RICITALS
WHIRIAS; th. Aq.ncy is . r.d.v.lopment .q.ncy exi.tinq
- pur.uant to the provisions of the comaunity Redevelopment Law
(California H.alth and Saf.ty Code Section 33000 n ug.) .nd has
been authorized to tran.act busin.s. and .xerci.e the power. of a
red.v.lopaent .qency pur.uant to action of th. Ccmaon Council of
th. City of san Bern.rdino; and
WHIRIAS, on NoveJlber 7, 1989, th. Planninq Ccm.is.ion of
th. City of San Bern.rdino approved R..olution No. PC89-2,
e.tabliahinq boundari.. for th. propo.ed Mt. V.rnon Corridor
Red.v.lop.ent Proj.ct Area (th. wProj.ct Ar..W); and
WHEREAS, th. Aq.ncy and th. City have pr.pared and
adopted a redevelop.ent plan (th. WPlanW) and have ..tablished a
red.v.lop.ent proj.ct (th. wProj.ctW) for th. Proj.ct Ar.a pur.uant
to Ordinanc. No. MC 733 d.ted Jun. 25, 1990; and
WHIRIAS, to all.vi.t. any fin.nci.l burd.n or d.tria.nt
which th. Proj.ct may c.u.. th. County and th. District,
r..pecti v.ly, and to amic.bly r..ol v. .ny differenc.. reqardinq th.
proj.ct, th. parti.. h.r.to enter into thi. Aqr....nt; .nd
WHEREAS, thia Aqr...ent .lleviat.. any financial burden
or d.trim.nt to .ach of the County and th. District r..ultinq frOll
the Mt. Vernon Corridor Redev.lopm.nt proj.ct or the Pl.n; and
WHEREAS, it i. th. intent of th. part i.. th.t in
furth.ranc. of th. impl_entation of th. Plan for th. Project Are.
that th. Aqency shall u.. it. best effort. when appropriate to
undertake red.v.lopm.nt .ctivitie. pur.uant to th. Plan th.t would
tend to d.cr.... financi.l iapact. upon th. County; and
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WHIREA8, the purpo.e of this Agreeunt i. to provide for
appropriate P8yaent. to be ..de by the A9ency to the County and the
D18trict, re.pectively, in order to alleviate any and all financial
burden or detriunt cau.ed to the County and the Di.trict by the
tax allocation provi.ion. of the Plan.
NOW, THEREFORE, in conald.ration of the for.going, and
for their .utual advantage and concern, the parti.. do h.r.by agr..
a. follow. a
COV_NANTS
1. Definition.. The word. and teraa u.ed in thi.
Agr....nt .hall have the fOllowing ..aning.:
a. -Agency- .hall .ean the co_unity D.velopm.nt
Co_18alon of the City of San B.rnardino.
b. -Annual Growth- .hall ..an the growth in a.....ed
- value of the Proj.ct Ar.a a. ..a.ured by taking the a.....ed value
for the Project Ar.a in a given Fi.cel Y.ar and coaparing that
a.....ed value to that of the proj.ct Ar.a for the i_ediat.ly
pr.ceding F18cal Y.ar; Annual Growth .hall be .xpr...ed a. a
percentag..
c. -sa.. Y.ar- .hall ..an the 1989-90 Fi.cal Y.ar being
th. F18cel Y.ar above which the incr.a... in a.....ed valu.. for
the Proj.ct Area .hall be d.termined for purpo... of allocating tax
increunt r.venu.. pur.uant to H.alth and Saf.ty Cod.
S.ction 33670.
d. -City- shall ..an the City of San Bernardino.
.. -County- .hall ..an the County of San B.rnardino, a
political .ubdivi.ion of the stat. of California.
f. -County Share- .hall ..an .ighty percent (80t) of
that portion of the Property Tax Incr_ent which the County would
rec.iv. froa the proj.ct Area, but for the adoption of the Plan.
For purpo... of thi. Agr._ent, the percentage used in calculating
the County Share shall be the .... percentage of the -froz.n ba..-
fro. the Proj.ct Area which i. allocated and paid toth. County
pur.uant to H.alth and Saf.ty Cod. Section 33670(a), n_.ly thirty-
on. and .l.ven on. hundredths percent (31.11t). For purpo... of
thi. Agr....nt, the p.rc.ntag. used by the Agency in calculating
.uch portion shall be the .... perc.ntag. of the -froz.n ba..- froa
the Project Ar.a which 18 allocated and pald to the County (or it.
succ...or) pursuant to H.alth and Safety Cod. Section 33670(a) a.
of adoption of the R.d.velopm.nt Plan for the Proj.ct, n...ly
.ighty percent (80t) of thirty-on. and .l.ven on. hundredths
percent (31.11t) of the 1t l.vy. An illu.trativ. .x_pl. of the
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application of thi. d.finition i. attached a. .Exhibit -A-
h.r.to.
g. -Di.trict- .hall ..an the San Bernardino County
rlood Control Di.trict.
h. -Dbtrict Shar.- shall ..an .ighty percant (80') of
that portion of the Property Tax Incr.....t which the Di.trict would
r.c.iv. frOll the Proj.ct Ar.a but for the adoption of the Plan.
ror purpo... of thi. Agr....nt, the Perc.ntag. used in calculating
the Dbtrict Shar. shall be the .... Percantag. of the -frozan
ba..- frOll the Proj.ct Ar.a which i. allocated and paid to the
Diatrict pur.uant to H.alth and Saf.ty Code Section 33670(a),
naaaly two and sixty-nine on. hundredth. Percant (2.6"). ror
purpos.s of thi. Agr....nt, the percantag. u.ed by the Agency in
calculating such portion .hall be the .... perc.ntag. of the
-froz.n ba..- frOll the Proj.ct Area which i. allocated and paid to
the County (or it. .ucc...or) pur.uant to Health and Saf.ty Cod.
.S.ction 33670(a) a. of adoption of the Redev.lopm.nt Plan for the
o Proj.ct, naaely .ighty perc.nt (80') of two and sixty-nine one
hundredthe Percent (2.6") of the n l.vy. An illustrative .xlUIple
of the application of thi. definition i. attached a. Exhibit _._
her.to.
i. -riscal Y.ar- .hall ..an the Period frOll July 1 to
and including the following Jun. 30.
j. -Plan- .hall ..an the Red.velopaent Plan for the
Nt. V.rnon Corridor R.d.velop.ent Proj.ct a. approved by Ordinance
Ro. MC 733 of the City.
k. -Project Area- shall .ean the Project Area
identified in the Plan.
1. -Property Tax Incr_ent-, for any giv.n ri.cal Y.ar,
shall ..an the full ..ount of property tax revenue. attributable to
incr.a... in a.....ed valuation above the valuation .hown on the
1989-90 a.....aent roll a. the Bas. Year valu., which tax rev.nu.s
are allocated and paid to the Agency pursuant to california H.alth
and Saf.ty Cod. Section 33670 (b) frOll the Project Area attributable
to the on. Percent (n) property rat., exclusive of .ubventions.
.. -R.dev.lopment Proj.ct- .eana the Mt. V.rnon
Corridor Red.velopm.nt Project as approved by Ordinanc. Ro. MC 733
of the City.
n. -T.ra- shall be th. period th. Plan reaains in
effect for the purpose of allocating Property Tax Incre.ent to th.
Agency for the payment of all fora. of ind.btedn... and other
Obligation..
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o. -Threshold Rate- shall m..n Annual Growth of seven
and one-halt percent (7-1/n).
2. pav.ent Bv AaellClY to the Di.tri~. For each Fiscal
Year durift9 the Ten, subject to the provbiona of Section f. of
thla Agreaent, the Agency shall pay to the District in two (2)
inatall-.nts within a reasonable period after the Agency receives
the Property Tax Incr..ent frOll the County Auditor-Controller
provided that (1) pa,..nta in relation to allobents recaived
between July 1 and Dec-.ber 31 of any Fiscal Yur shall be ude on
or before the following February 21, and (ii) pa,.ents ..de in
relation to allobents received between January 1 and June 30 of
any Flacal Year shall be ..de on or before the followift9 August 30,
an ..ount equal to the District Share.
The foregoing shall be applied in the UDDer set forth in
Exbibi t -B- ; provided., however, with respect to the Dbtrict,
(1) the parcentage factor used to calculate the Dbtrict Share
.sball be eighty percent (80') and (ii) setoffs shall be applied
. pursuant to Section fa and not Section fb.
In addition to the foregoing, for each Fiscal Year durift9
the Ten, the Agency shall pay to the Dbtrict all property tax
revenues allocated and paid to the Agency pursuant to H..lth and
Safety Code Section 33670 (b) which are attributable to iner..... in
the rate of tax illp08ed for the benefit of the District applicable
to the Project Area which levy occurs after the 1989-90 Piecel
Year, the .... as if the District had adopted . resolution elect1ft9
to receive such ..ounts pursuant to Health and Safety Code
Section 33676(b).
3. Pav.ent bv Aaenev to the Count;y. For..ch Fiscal
Year durift9 the T~, Subject to the provbions of Section fb of
thla Agree-.nt, the Agency shall pay to the Count:y in two (2)
inatalaents within a rea.onable period after the Agency receiv..
the Property Tax Iner..ent frOll the County Auditor-Controller
provided that (i) pay.ents in relation to allobents receiVed
between July 1 and DeCooN>er 31 of any Fbcel Year .hall be ..de on
or before the following February 28, and (ii) par-ents ..de in
relation to allot:1lents received between January 1 and JUne 30 of
any Fiscal Year shall be ..de on or before the following August 30,
an ..aunt equal to the following:
a. For any Fbcel Year wherein the Annual Growth is
equal to or less than the Thre.hold Rate, the County .hall receive
an -.aunt payable trOll Property Tax Incr..ent equal to the product
of the Property Tax Inere-.nt multiplied by the County Share
mu1tiplied by thirty-five percent (35').
b. With respect to any Fiscal Year in which the Annual
Growth exceeds the Threshold Rate, the Agency shall (i) detenine
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tbe dollar v.lu. of tbirty-fiv. percent (35t) of tb. County Shar.
of Property Tax Incr...nt v.nar.ted froa incr..... in ......ed
valu.. of th. illJledi.tely pr.cedift9 Fi.cal Year alloY. tb. Ba.. Year
value. .nd (11) d.t.nlin. t.bat uount equal to thirty- fiv. percent
(35t) of the County Sh.r. of Property Tax Incraent for tb. then
curr.nt Fiacel Y.ar ......ed v.lu.. r.prennted by Annu.l Growtb
equ.l to tb. 'l'br..hold Rat. above th. .....aed value for th. prior
F!acal Year .nd an uount equ.l to .ixty percent (60t) of th.
County Share of Property Tax Incr...nt .ttributabl. to th. incr....
in ......ed valu.tion .bov. th. 'l'br.abold Rate for that perticular
F!acal Y..r. 'l'b. uount of Property Tax Incruent to be paid to
tb. County aball be equ.l to th. .UII of (1) and (11) abov..
An illu.tration of th. .pplication of th. foregoinv
provision. is ..t fortb in Exhibit -C-; provided, however, with
r..pect to th. County, (1) tb. percentage f.ctor to be .pplied
.g.inst th. County Sh.r. to det.ndn. uounte to be paid her.under
to tb. County shall be .ither thirty-five percent (35t) if th.
'!'br.shold Rat. h.. not been r..ched or . collbination of thirtY-five
- perc.nt (35t) .nd .ixty perc.nt (60t) .. ..t fortb above with
reg.rd to . Fiscal Year wh.n th. 'l'br..hold Rate i. .xc.eded, .nd
setoff. .h.ll, be .pplied pursu.nt to Section 4b and not Section 4..
In .ddition to tb. foregoinv, for..ch Fiacel Y.ar durinv
tbe T.na, th. Agency 8ball pay to th. County .11 property tax
rev.nu.. .llocated .nd paid to th. Ag.ncy pur.uant to Health and
Safety Cod. Section 33670 (b) which are attributable to incr..... in
tbe r.t. of tax iapoaed for tb. ben.fit of the County .pplicabl. to
tbe Project Ar.. which l.vy occur. .fter th. 1989-90 Fiscal Y.ar,
tbe .... .. if th. County h.d .dopted . r..olution .lectinv to
receive .uch ..ount. pur.uant to H_ltb and S.fety Cod.
Section 33676(b).
Notwithst.nding any provision of this Agr....nt to th.
contr.ry eff.ct, no payaent .h.ll be ..d. by th. Agency to th.
County or th. District pur.uant to this Agreaent unle.. th.
-Action- (a. h.r.after d.fined in Section 7) i. fir.t dismi..ed
wi~ pr.judic..
4. Setoff.. 'l'b. parti.. .gr.. that th. ..ount. payable
by tbe Agency pur.uant to thi. Agr...ent 8ball be reduced by
aJIOunt. equal to each of th. followinv, with the reduction to be
applied at th. .arli..t ti.. d...ed fea.ibl. by th. Ag.ncy:
a. As to the Di.trict:
1. 'l'be cost of land and improvement. to proj.ct.
tbat th. District request. and th. Agency in it. discr.tion,
detenaine. to fund in whole or in part;
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2. Koneys received by the District pursuant to
Health and Safety Code Section 33676 (a) (2) in relation to all or
any portion of the Redevelopaent Project.
b. A8 to the County:
1. The cost of land and iaprovaent to projects
that the County request. and the AeJency in its dbcretion,
deteraines to fund in whole or in part;
2. Honeys received by the County pursuant to
Health and Saf.ty Cod. S.ction 33676(a) (2) in r.lation to all or
any portion of the Red.v.lopa.nt Proj.ct.
. Each of th. County and the Dbtrict agr..s that thb
Agr....nt supersed.s any r.solution approved by the County or the
District .lecting to receive aon.ys pursuant to Health and Saf.ty
Code Section 33676 (a) (2) in relation to all or any portion of the
. Redevelopa.nt Project.
5. (a) EDlancUture of PrOIHtrt;v TaK Incr-llt bv Countv
or Distric*. In evaluating potential U8e8 of th08e fund8 paid by
the Agency pursuant to SectiOM 2 and 3 of this Agr.eaent as
Property Tax Incr..ent, each of th. County and the Dbtrict 8hall
give reasonable priority to the provision of services specifically
devoted to th. residents of the Project Area and to capiUl
iJlproveaent projects s.l.cted by the County and the Dbtrict but
which shall be situated within the City of san Bernardino.
(b) EDlanditure of Revenue. E...Aaenav. Th. AeJency
and the County autually agre. to cooperate in the d.finition of
projects and/or progr... to be iapleaented by th. AeJency which will
reduce or otherwiBe liait the costs incurred by th. County for th.
delivery of thos. progr... within th. Project Ar.a. for- which the
County is responsible.
6. Aaenav Indebtedne... Th. AeJency's respective
obligations her.under to aake payaents to the COunty and the
District constitute an indebtedness of the Ag.ncy within th.
meaning of California Health and Saf.ty Code Sec*ion 33670(b).
7. Cov.nani:..~ 'to SUa and lIi.eal1anAona llat:t:..r.
Relatina to Litiaation. Bach of th. County and the District hereby
waiv.s any and all caus.s of action, cases, claias, counts,
actioM, and/or coaplaints relating to, and agr... not to challeng.
the validity of, th. Plan and/or the validity, on the grounds of
the invalidity of th. Plan, of bonds to finance or ref inane. in
whole or in part th. Plan, including, without liaiting the
generality of th. foregoing, the legality and validity of all
proceedings theretofore taken for or in any way connected with th.
designation of the survey ar.a, th. selection of the Proj.ct Area,
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the tonulation ot the Prellainary Plan, and tJle adoption ot the
Plan, and a180 includiftlJ the legality and validity ot all
proceedinv- theretotore taken and the InvironMntal Illpact Report
tor the Plan. Bach ot the County and the District sball request
and ahall cauaa to be dinissed with prejudice that action
entitled, in part, Count;v o~ San BarnardiJla ~ ~ ~
Flood Coltbool Dist:riat: va. A1!a:~;~=- i~::;~~ It It
Corridor R8c1.v.lolDlaltt: Pro1___ __ _ . __ ___, Ca.. Ro. 258241,
Superior Court, County ot San Bernardino (the -Action-);
8. InUr. Aare_an.. This Agrenent conatitutes the
entire UnclerstandiftlJ and agrenent lUlOft9 the parti.. and supersedes
all previous negotiaUona DO,. th.. partainint to the subject
.atter hereot. Bach party to this Agre..ent bu been adviaed by
counsel ot its chaosi,. and in enteri,. into this .e..ent ia
relyiftlJ upon its own invasti9ation and evaluation and not upon any
representatioRa by any other party. The payaenta herein provided
consUtute a tull, coaplete, fair and equitable adjustunt tor all
financial and other iapacts Which bave or ..y ruult to the County
or the District durin9 the Ten froa tJle Plan or ita
iapl...ntation. Except for the payaanta required by the tena of
t.bis Agrenant to be ..de by the Agency troa Property Tu Incrnant
to the County and the Diatrlct, all Property Tax Incr....t and nch
other revenuu as ..y be received by the AeJency aIlall be solely the
property ot the Agency, County and DistrIct, rupectbely, to be
applied in such a aanner as the Agency ahall, froa t!.e to tiM,
d... appropriate. Bach ot the County and the District agr.. to
O8aae the dinia..l of the Action with prejudice, and tbat it ahall
not file or purllUe any lawauit attackiftlJ or otbarwi.. questioniftlJ
tile validity of the Plan or the adoption or approval of the Plan or
any ot the tindi,.s or deteninationa ..de by the Agency or the
C--.on Council in connection with the adoption or approval of the
Plan. Thia Al)raeaant shall r...in in effect durin9 the Ten, and
sball not be changed or .odlfied except by written a9Z'....nt of the
pllrti.s.
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D WITNUI WIIIRBOF, the partie. have cau.ed thi.
Agre_ent to be executed on the date fir.t hereinabove written.
C01JR'1'Y OF SAlt BBRlfARDINO
BYI ~MAA ~~ ~l-llU
~~~rd of Supervisors
DATED I March 23
~MII
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DATED I
, 1992.
Approved a. to Foral
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4PPlD!D AS TO ...
om t1M19199Z_
Alan K. Marks. c:ouN1Y COUNSB.
WI NO FORHIA
&Y.
--"I:!"I\DOQtIJ
OI~ 1110
SAlt BBRlfARDINO C01JR'1'Y FLOOD
COlft'ROL DIS'l'RIC'I'
"'Gu~~.
COIIIIUNITY DBVBLOPIIBIIT COMMISSION
OP '1'IIB CITY OF SAlt BBRlfARDINO
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San Bernardino County Flood Control Dbtrict
Caleulat:loft a~ Dl_t:riet:. Shar.
A. P.rcenta9. of the -frozen bas.- tax r.v.nu.
allocated to the Dbtrict purauant to H.alth
and Saf.ty Code Section 33670(a) _ 2.69'
I. P.rcenu9. applied to (A.) to d.tarain. the
District Share, pursuant to Section 1(9) of
.....nt _ 80'
C. District Share (A.) x (I.) _ 2.152'
*lfot.:
For purpos.s of illuatration, only. '1'be District Share
will be used to calculate the actual shar. of tax
incr_ent, if any, to be received by the District
pursuant to the teras of the Agre_ent.
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Count.y of San Bernardino
caleul.~ioft o~ Coun~v aharA
A. percent.age of the -frozen ba.e- t.ax revenue
allocated t.o the Count.y pur.uant. t.o Health
and Safet.y COde Sect.ion 33670(a) _ 31.11'
a. percent.age applied t.o (A.) t.o det.araine the
Count.y Share, pur.uant. t.o Section l(e) of
Agreaant. I _ 80'
C. Count.y Share (A.) x (a.) _ 24.88'
*Hot.e:
Por purpo.e. of illu.trat.ion, only. The Count.y Share
will be u.ed t.o calculat.e the actual .hare of t.ax
incre.ent., if any, t.o be received by the Count.y pursuant.
t.o the t.era. of the Agre_ent..
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IXIIIIIT .C.
, Incr.... 1t Property AIIount
0 A..e..ect Abov. Prior T.x P.y.bl.
Pi.cat Y.ar Valu. Y..r Incr..Aft~ to COUl'lt;y
.... Y..r 1"'-'0 100M MIA MIA MIA
1990-91 105M 5' --
1991-'2 110M 4.7" 100,000 8,708(1)
1992-'3 l1'.9M " 199 , 000 18,355(1)
(I)
$100,000
x 24.11'
$ 24,880
1f 3St
$ 8,708
Property Tax Incr_.nt
County Sh.r.
F.ctor (r.t. of growth w.. 4.7" for 1991-'2
above 1"0-'1 which i. Ie.. than Thr..hold
Rat.)
Tot.l Property T.x Increment p.yabl. to
County for 1'91-92
(I) 1'92-93 Thr..hold Rat. C.lcul.tion
o
$ 110,000,000
x 7.5t
$ 8,250,000
+ 110.000..000
$ 118,250,000
- 100.000.000
$ 18,250,000
x 1t
$ 187,500
x 24.88'
$ 45,406
x 3st
$ 15,892.10
1'91-'2 A..e..ed V.lu.
B... Ye.r
T.x Rate
County Sh.r.
Factor
Property Tax Increment pay.ble to COUl'lty on
Threshold Rat.
(cont'd)
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1992-93 Calculation for ~unt in Exce.. of Thre.hold Rat.
$ 119,900,000
- 11..250..000
$ 1,650,000
JC l'
$ 16,500
:I[ 2..81'
$ 4,105.20
x 60t
$ 2,463.12
$ 15,892.10
+ 2..'3.~2
$ 18,355.22
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1992-93 Aa....ed Valu.
Adju.ted Aa....ed Value up to Thr..hold Rat.
A.....ed Valu. above Threshold Rat.
Tax Rat.
Property Tax Incr..ent above Thre.hold Rate
County Share
Factor
Property Tax Incr..ent payable to County
above Thr..hold Rat.
Property Tax Incr...nt payable to County on
Thr.shold Rat.
Property Tax Incr..ent payable to County
abov. Thre.hold Rat.
Total Property Tax Incr...nt payable to
County for 1992-93
1