HomeMy WebLinkAbout01- Development Department ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
REQUEST FOR COMMISSION/COUNCIL ACTION
From: TIMOTHY C. STEINHAUS Subject: APPROVAL OF IMPLEMENTATION
Agency Administrator AMENDMENT WITH THE
SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT - MT. VERNON
CORRIDOR
Date: March 2, 1994
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Synopsis of Previous Commission/Councit/Committee Action (s):
On June 25, 1990, the Mayor and Common Council adopted Ordinance MC733
which approved and adopted the Mt. Vernon Corridor Redevelopment Project
Area.
On October 10, 1990, the Community Development Commission approved an
agreement with the Community College District relative to the Mt. Vernon
Corridor Redevelopment Project.
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Recommended Motion(s):
(Community Development Commission)
MOTION: Move to adopt a RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE EXECUTION OF A CERTAIN IMPLEMENTATION
AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO
COMMUNITY COLLEGE DISTRICT IN CONNECTION WITH THE
ADOPTION OF THE MT. VERNON CORRIDOR REDEV OPMENT
PROJECT AND MAKING CERTAIN FINDINGS AND DETERMINrATIO14S IN
ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION`33401
l
TIMOTHY C. STEINHAUS
Agency Administrator
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Contact Person(s): _Susan M. Morales Phone: 5081
Project Area(s): -Mt. Vernon Corridor Ward(s): 1 1& 6
Supporting Data Attached: -Staff Report; Resolution-, Agreement
FUNDING REQUIREMENTS: Amount: $0,000,000 Source: N/A
Budget Authority: N/A
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Commission/Council Notes:
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TCS:SMM:pc:com.col COMMISSION MEETING AGENDA
Meeting Date: 03/07/94
Agenda Item No.
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
STAFF REPORT
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Implementation Amendment With Community College District
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 with the various taxing agencies. Subsequently, the Commission
previously approved an agreement with the Community College District in October, 1990, with
the understanding that the agreement would be brought back with a resolution for final adoption.
During the review and preparation of final resolutions, Agency staff and special counsel
determined that the previously approved agreement was inconsistent and unclear. Therefore, the
attached amendment was prepared and approved by the Community College District in an effort
to clarify the financial provisions of the agreement.
The proposed amendment provides that in any fiscal year the Superintendent shall receive an
amount equal to the District Inflationary Revenues (2%) less 20% housing set aside in years 1-8.
In years 9-16, the District portion is further calculated by multiplying the District tax levy of
5.0074% by 7.5%; in years 17-26 by 12.5%; and in years 27 on by 15%. An illustration of the
calculation is demonstrated on the attached Exhibit "A".
In addition, staff has determined that the remaining school district taxing amendments are also
unclear. Therefore, we have conducted negotiations with each district and anticipate that the
remaining amendments (San Bernardino Unified, Rialto Unified and Colton Unified) will be
brought to the Community Development Commission for final approval in the near future.
Staff recop ends adoption of the form motion.
TIM Y C. EINHAUS, Agency Administrator
Economic Development Agency
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TCS:SMM:pc:com.col COMMISSION MEETING AGENDA
Meeting Date: 03/07/94
Agenda Item No. /
HHK EdL —J,4 &2. I'1 P.2
2 COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO, CALIFORNIA
A92M
4
6 March 7, 1994
Item: R9SOLUTION OF THE COMMUNITY DLVELOPMENT
7 COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CERTAIN IMPLMWTATION AMENDMENT TO AGREEMENT
WIT14 THE SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT IN CONNECTION WITH THE ADOPTION OF THE
MT. VERNON CORRIDOR REDEVELOPMEN':V PROJECT AND
10 MAKING CERTAIN FINDINGS AND DETERMINATIONS IN
ACCORDANCE WITH HEALTH AND SAFETY CODE
11 SECTION 33401
12 Exhibit "A" Agreement
13 Action to
14 be Taken: Adapt Resolution.
15
16 Certified copy of Resolution to be returned to Sabo Green, a
Professional Corporation.
17
is
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21
2,2
2y3
24
25
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28 ssanaroo inv
MM M
F 3
RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF SAN BERNARDINO,
CALIFORNIA, AUTHORIZING THE EXECUTION OF A
CERTAIN IMPLEMENTATION AMENDMENT TO
4 AGREEMENT WITH THE SAN BERNARDINO COMMITY
COLLEGE DISTRICT IN CONNECTION WITH THE
5 ADOPTION OF THE XT. VERNON CORRIDOR
REDEVELOPMENT PROJECT AND MAKING CERTAIN
6 FINDINGS AND DETERMINATIONS IN ACCORDANCE
WITH HEALTH AND SAFETY CODE SECTION 33401.
8 WHEREAS, the City of San Bernardino, Ca lifornia (the
9 O'City") , is a municipal corporation and a charter city duly
10 created and existing pursuant to the Constitution and the laws of
ii the State of California; and
13 WHEREAS, the Community Development Commission of the
14 City of San Bernardino (the "Commission") on behalf of the
15 Redevelopment Agency of the City of San Bernardino (the
16 "Agency") , is a redevelopment agency, a public body, corporate
17 and politic of the State of California, organized and existing
18 pursuant to the Community Redevelopment Law (Part 1 of Division
19 24) commencing with section 33000 of the Health and Safety Code
20 of the State of California (the "Act") ; and
22 WHEREAS, the Commission has previously approved the
2.3 Redevel*prient Plan (the "Redevelopment Plan") for the Mt. Vernon
24 corridor Redevelopment Project Area (the nProject Area") ; and
26 WHEREAS, in connection with its adoption of the
,27 Redevelopment Plan, the Commission has previously entered into
28 negotiations with various affected taxing agencies for the
/
/
purposes of mitigating or reducing any possible fiscal impacts
2 which may be experienced by such affected taxing agencies through
the adoption and implementation of the Redevelopment Flan; and
4
5 WHEREAS, in accordance with the former provisions of
6 Health and Safety Code Section 33401, the Agency was authorized
7 to enter into agreements to pay to any taxing agency with
S territory located within they Project Area any amounts of money
9 which the Agency found were necessary and appropriate to
10 alleviate any financial burden or detriment to any such taxing
11 agency which is caused by the implementation of the Redevelopment
12 Plan; and
1s
14 WHEREAS, the San Bernardino Community College District
15 (the. 1°Disstrict"@) which is an affected taxing agency, has
16 previously presented the Agency with satisfactory evidenco that
17 ae a result of the redevelopment of the Project Area, the
18 District would experience a financial burden or detriment, and
19 accordingly entered into a agreement dated October 10, 1990 (the
24 "Prior Agreement") , which Prior Agreement was deemed necessary
21 to relieve said financial burden or detriment; and
22
23 WHEREAS, the Agency and the District deem it desirable
24 to enter into that certain Implementation Amendment to Agreement
25 by and between the Agency and the District, a copy of which is
26 attached hereto as Exhibit „A"6 and incorporated herein by this
27 reference, which clarifies and enables implementation of the
2$
2
Y provisions of the Prior ,?.greement, all as more fully desoribcd in
2 said Implcmentation Amendment to Agreement; and
3
4 WHEREAS, new development within the Project Area will
5 necessitate the development of new facilities and the provision
6 of services by the District in order to provide existing levels
7 of service and the existing facilities and services funding is
S insufficient to provide for the acquisition, construction and
9 installation of such facilities and the provision of such
10 services; and
11
12 WFEREAs, as a result of the redevelopment of the
13 Project Area the population within the boundaries of the Project
14 Area is expected to increase; and
15
16 WHEREAS, the District must provide new facilities and
17 services to respond to population growth within its boundaries
1$ which facilities and services are often funded by state or local
19 funds and which funds are limited and not always available to the
20 District when needed; and
21
22 WHEREAS, the District has previously requested the
23 Agency to relieve the financial burden and detriment caused by
24 the implementation of the Redevelopment plan pursuant to the
25 terms of the Prior Agreement and now seeks to cause the
26 implementation of said Prior Agreement through the execution of
27 the Implementation Amendment to Agreement attached hereto; and
28
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P.6
WHEREAS, the District has presented evidence to the
2 Agency that as a result of the i ►plem.--ntation of the
3 Redevelopment Plan it will suffer a financial burden or
detriment, and
6 WHEMEAS, the Diztrict im da&irou& of cooperating with
7 the Agency so that the Redevelopment Plan may be implemented,
g and, accordingly, the parties have provided for the allocation of
9 tax increment revenues as set forth in the Prior Agreement and
io the implementation Amendment to Agreement.
11
12 NOW, THEREFORE, THE COMKUNITY DEVELOPMENT COMMISSION
is ACTING ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF
14 SAN BERNARDINO DOES HEREBY RESOLVE, DETMRMINE AND ORDER AS
15 FOLLOWS;
16
17 The above Recitals and each of them are
is true and correct and the action taken pursuant to this Resolution
ig is based upon the facts stated in said Recitals.
20
21 Section 2. with respect to the District, the Agency
22 hereby finds that:
23
24 That the District has prevented substantial
25 evidence to the Agency which has been considered by the Agency;
26
27 (2) That as a result of the implementation of the
28 Redevelopment Plan the District shall experience a financial
4
VIHIN Ue. "-j,4 Uz;--JIHPI P.i
g burden or detriment due to the need to provide more extensive
facilities and services and upgraded improvements; and
3
4 (3) That the implementation Amendment to Agreement
6 referenced in the Recitals herein and the Prior Agreement provide
6 for a method of the allocation of certain tax increment revenues
7 between the Agency and the District which is necessary to
S alleviate said financial burden and detriment suffered by the
9 Distract.
10
2i section 3 . The Agency hereby finds and determines
12 that the Friar Agreement and the above referenced implementation
13 Amendment to Agreement has been prepared in accordance with the
14 prior provisions of Health and Safety Code Section 33401, and the
15 Agency hereby approves said Implementation Amendment to Agreement
m attached hereto as Exhibit "A". The Chairman and the Agency
17 Secretary are hereby expressly authorized and directed, to
18 execute said Implementation Amendment to Agreement upon adoption
1g of this Resolution, subject to such changes, additions or
20 deletions as may be recommended by the Agency Counsel and
21 approved by the Agency Administrator for the intended transaction
22 contemplated therein.
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r,)HH U1-_ 4 P.0
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A
2 CERTAIN IMPLEMENTATION AMENDMENT TO ACRP"ENT WITH THE SAN
BERNARDINO COMMUNITY COLLEGE DISTRICT IN CONNECTION WITH THE
3 ADOPTION OF THE MT- VERNON CORRIDOR REDEVET-00PRENT PROJECT AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS IN ACCORDANCE WITH
4 HEALTH AND SAFETY CODE SECTION 33401.
5 Section 4. This Resolution shall take effect upon
6 the date of its adoption.
7
8 1 HEREBY CERTIFY that the foregoing Resolution was duly
9 adopted by the Community Development Commisoion of the City of
10 San Bernardino at a meeting
ii thereof, held on the day of
12 19,94, by the following vote, to wit.,
13 gMiscion member AYES NA` AMMAIN PAMM
14 NEGRETE
15 CURLIN
HERNANDEZ
16 OBERHELMAN
DEVLIN
17 POPE-LUDLAM
MILLER
18
19 Secretary
20 The foregoing resolution is hereby approved this
day of 1994.
2.1
22 Tom RTnor, Chairman
Community Development
23 Commission of the
City of San Bernardino
24 Approved as to
form and 2egal content:
25 By:
26 Agency Counsel
27 M1R0,DMUX30740
28
6
hlHk: Inc �a L]:3=31Ph1 P.9
1 STATE OF CALIFORNIA �
COUNTY OF SAN BERNARDINO ss
2 CITY OF SAN BER.NARDINO �
3 I, Secretary of the Community
Development Commission of the city of San Bernardino, DO HEREBY
4 CERTIFY that the foregoing and attached copy of Community
Development Commission of the city of San Bernardino Resolution
5 No. is a full, true and correct copy of that now on
file in this office.
6 IN WITNESS WHEREOF, I have hereunto get my hand and
7 affixed the official seal of the community Development Commission
of the City of San Bernardino this day of
1994 .
9
10 Secretary of the
Community Development Commission
of the city of Sian Bernardino
12
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15
16
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13
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20
2]
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RESOLUTION NO.
RESOLUTION OF THE SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT APPROVING A CERTAIN
IMPLEMENTATION AMENDMENT REGARDING THE
DISTRIBUTION OF TAX INCREMENT REVENUES (MT.
VERNON CORRIDOR REDEVELOPMENT AREA)
WHEREAS, the San Bernardino Community College District is
a community college district existing pursuant to the laws of the
State of California (the "District") ; and
WHEREAS, the Community Development Commission of the City
of San Bernardino (the "Agency") is a redevelopment agency existing
pursuant to the provisions of the Community Redevelopment Law; and
WHEREAS, the Agency has previously undertaken certain
actions in connection with the adoption of a Redevelopment Plan for
the Mt. Vernon Corridor Redevelopment Project (the "Redevelopment
Plan") ; and
WHEREAS, the City of San Bernardino, California (the
"City") , has previously adopted its Ordinance No. MC-733 approving
the Redevelopment Plan; and
WHEREAS, the District and the Agency have previously
undertaken negotiations and have entered into a certain fiscal
impact agreement in accordance with the provisions of Health and
Safety Code Section 33401 which Fiscal Impact Agreement is dated
October 10, 1990 (the "Fiscal Impact Agreement") ; and
WHEREAS, the parties desire to clarify certain issues
with respect to the interpretation and implementation of the Fiscal
Impact Agreement and the Agency and the District deem it desirable
to clarify their intent with respect thereto through the execution
of a certain Implementation Amendment, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by this reference
(the "Implementation Amendment") .
NOW, THEREFORE, THE SAN BERNARDINO COMMUNITY COLLEGE
DISTRICT DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
1. The District hereby approves the Implementation
Amendment, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference.
2. The District hereby acknowledges and agrees that the
Implementation Amendment will control in the interpretation and
implementation of the Fiscal Impact Agreement.
- 1 -
3 . This Resolution shall take effect from and after the
date of adoption hereo District.
Stuart Bundy, Chdli6illor
Secretary to the Board of T ustees
San Bernardino Community Co lege District
SBEO/0001/DOC/694A
01/06194 9:40
2 -
IMPLEMENTATION AMENDMENT TO AGREEMENT WITH
SAN BERNARDINO COMMUNITY COLLEGE DISTRICT
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
WHEREAS, the San Bernardino Community College District
(the "District") and the Community Development Commission of the
City of San Bernardino (the "Agency") have entered into an
agreement dated October 10, 1990 (the "Agreement") , with respect to
the distribution of tax increment revenues of the Agency
attributable to the redevelopment project area of the Mt. Vernon
Corridor Redevelopment Project (the "Project Area") ; and
WHEREAS, the District and the Agency mutually desire to
clarify the interpretation of the Agreement by the approval and
execution of this Implementation Amendment; and
WHEREAS, the parties hereto intend to utilize this
Implementation Amendment as a vehicle to attach the Cash Flow
exhibit as included herein as the Cash Flow exhibit that shall be
attached to the Agreement and have the effect of amending the
Agreement as provided in Section 7 of the Agreement.
NOW, THEREFORE, in consideration of the foregoing and the
mutual covenants and conditions contained herein, the parties
hereto agree as follows:
Section 1. The District and the Agency agree that
notwithstanding any language contained in the Agreement to the
contrary, the Agreement shall be interpreted, and all tax increment
revenues calculations shall be made, consistent with this
Implementation Amendment and the Cash Flow exhibit attached hereto
and incorporated herein by reference. In summary, such
calculations shall be made as follows for all payments by the
Agency to the District under the Agreement:
1. $ A (tax increment revenues allocated to and
received by the Agency from the 1% general
property tax revenues within the Project Area)
x B% (weighted average Tax Rate Area percent of the
District calculated annually as a percent of
total Project Area assessed values)
$ C (dollar amount that District contributes as
tax increment revenues to Agency within
Project Area)
-1-
-$ D (District Inflationary Revenues calculated
upon a 2% annual inflationary increase (or
such lesser amount determined in accordance
with California Constitution Article XIIIA
using same percentage figure as in B above) by
compounding such percentage increases upon the
Base Year assessed value for the Project Area)
$ E (District contribution to tax increment
revenues in excess of District Inflationary
Revenues)
x 80%
$ F (District Portion (as defined in Agreement but
as calculated pursuant to this Implementation
Amendment) )
x G% (such percent as is applicable in the year of
calculation per Section 2 .B. , C. or D. of the
Agreement)
$ H (Section 2 .B. , C. or D. Percentage Amount, if
applicable)
+ D (District Inflationary Revenues)
$ I (Total Payment to District)
Section 2 . The Agreement shall continue to remain in
full force and effect from and after the date set forth therein and
shall only be deemed to be amended to the extent required by
Section 1 above and by the addition of the Cash Flow exhibit as
attached hereto to clarify the interpretation of the Agreement.
-2-
IN WITNESS WHEREOF, the parties hereto have executed this
Implementation Amendment as of the day of ,
1994 .
Dated: SAN BERNARDINO COMMUNITY
COLLEGE DISTRICT
Title:
1
Dated: COMMUNITY DEVELOPMENT COMMISSIdN
OF THE CITY OF SAN BERNARDINO
By:
Chairman
Approved as to Form:
SBE0\0001\D00692A
01\05\93 945
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