HomeMy WebLinkAboutReso RDA 14-1993 RESOLUTION NO. 14-93
REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE AGENCY TO
PREPARE AND PRESENT A FISCAL AGREEMENT
TO THE SOUTH SAN FRANCISCO UNIFIED SCHOOL
DISTRICT WITH RESPECT TO THE ADOPTION OF
EL CAMINO CORRIDOR REDEVELOPMENT PLAN
WHEREAS, the Redevelopment Agency of the City of South San
Francisco (the "Agency") has prepared, and the City Council
(the "City Council") of the City of South San Francisco (the
"City") is considering for adoption, a Redevelopment Plan for
the E1 Camino Corridor Redevelopment Project (the "Plan"); and
WHEREAS, among other matters, the Plan would remove the
blighting conditions which currently exist in the Project Area
in order to create developable parcels. The Agency will
participate with SAMTRANS and BART to underground and proposed
BART extension which will run along the existing railroad
right-of-way to ensure that parcels which currently have
limited use become more developable. In addition, the project
includes covering portions of Colma Creek and improvements to
Oak Avenue to provide additional development opportunities.
The Agency will also assist in the development of high-density
residential and transit-oriented commercial uses; and
WHEREAS, the Projects envisioned to be undertaken pursuant
to Plan are necessary to (1) alleviate the conditions of blight
in the Project Area, and (2) accomplish redevelopment of the
Project Area in accordance with the goals, objectives and
policies of the Plan; and
WHEREAS, in preparing the Plan, the Agency has
participated in the deliberations of a Fiscal Review Committee
convened pursuant to Health & Safety Code §33353, and has
diligently undertaken consultations with the affected taxing
entities to ascertain if, and to what extent, the Plan and the
Project might cause a significant "financial burden or
detriment" to any affected taxing entity, as that phrase is
defined in Health & Safety Code §33012; and
WHEREAS, the Agency'has d~ligently conducted consultations
with the South San Francisco Unified School District
(hereinafter the "District"); and
WHEREAS, as part of the Plan adoption process, the Agency
has prepared or assisted in the preparation of a Preliminary
Report; Report on the Plan as supplemented (the "Final
Report"), which includes the Agency's response to the report of
the Fiscal Review Committee; an Environmental Impact Report
(the E.I.R.), which includes a Draft EIR and Final EIR
containing responses to comments received on the Draft EIR; and
the City Council's responses and findings to written comments
received on the Plan (the "Findings") prepared in accordance
with Health & Safety Code §33363. The Plan, the Preliminary
Report, the Final Report, the EIR, and the Findings are
sometimes collectively referred to in this resolution as the
Plan Documents; and
WHEREAS, based on detailed information and analysis
contained in the Plan Documents, the Agency and the City
Council have determined that the adoption of the Plan and the
implementation of the Project under the Plan will not cause any
"net increase in the quality or quantity of...service(s)" to
any affected taxing entity within the meaning and intent of
Health & Safety Code §33012(a) (1), in that: (1) The Project is
designed to encourage high-density residential and commercial
development in the Project Area; (2) The Project will result in
an area which contains adequate public services and will
concentrate development so as to maximize the efficiency of
providing these services; (3) Consequently, the Project will
not cause an increase in the quantity of quality of services to
be provided by the affected taxing entities; (4) To the
contrary, by enhancing the affordability of housing,
alleviating and blighting conditions in the Project Area, the
Project will improve the physical, social and economic
conditions of the Project Area and its residents, and will help
to develop a community in which public facilities and services
can be more economically and efficiently provided; and (5)
Consequently, .implementation of the Project will result in a
long-term decrease in the quantity, and improvements of the
quality, of services to be provided by the affected taxing
entities, as contrasted to the situation that would result if
the Plan were not adopted and the Project was not implemented;
and
WHEREAS, based on detailed information and analysis
contained in the Plan Documents, the Agency and the City
Council have determined that a preponderance of the private
development and assessed valuation growth that has occurred to
date and that can reasonably be anticipated to occur in the
future in the Project Area would not occur without the direct
or indirect incentive to private investment made possible
through implementation of the Project under the Plan; and
consequently, with respect to private development in the
Project Area and assessed valuation growth, there is no "loss
of property tax revenues by [any] affected taxing entity
procured by a change of ownership or new construction which
would have been received, or was reasonably expected to have
been received, by [any] taxing entity if the [Project] was not
established" and the Plan were not adopted, within the meaning
and intent of Health & Safety Code §33012; and
WHEREAS, the foregoing determination is based on
information and analysis that, without implementation of the
Project under the Plan, a substantial portion of the
development contemplated for the Project Area under the City's
General Plan would not occur either in the Project Area,
elsewhere in the City or in its environs, and a substantial
portion of the potential increase in assessed valuation of all
property in the Project Area would not occur, with a resulting
limitation on property tax revenues available for allocation
among the affected taxing entities; and
WHEREAS, as determined above, a limited amount of new
residential development is likely to occur in the Project Area
as a result of implementation of the Project under the Plan
which otherwise would not have occurred, with the result that
affected taxing entities may suffer a marginal increase in the
quality or quantity of services to be provided; and
WHEREAS, Health & Safety Code §33401 authorizes
redevelopment agencies to pay to an affected taxing entity an
amount that the Agency has found necessary and appropriate to
alleviate a financial burden or detriment of the type
identified in the immediate preceding Recital; and
WHEREAS, the Agency has determined that any limited
potential financial burden or detriment to the District
resulting from the Project and the Plan can be fully and
effectively alleviated through the execution of a fiscal
agreement pursuant to Health & Safety Code §33401 containing
the terms~set forth in Exhibit "A" attached hereto and by this
reference incorporated herein; and
WHEREAS, it is the Agency's intention to enter into the
fiscal agreement and implement the fiscal mitigation measures
described below in order to fully and effectively alleviate any
limited potential financial burden or detriment to the District
resulting from the Project and the Plan.
NOW, THEREFORE, BE IT RESOLVED, by the Redevelopment
Agency of the City of South Francisco as follows:
1. The Agency hereby finds and determines that. the
foregoing Recitals are true and correct, and have served as the
basis for the Agency's good faith implementation of the fiscal
mitigations set forth in this Resolution and accompanying
Exhibit and in the Plan.
2. The Agency hereby authorizes and directs the Interim
Executive Director to prepare and submit to the District a
fiscal agreement containing the following provisions to
alleviate any financial burden or detriment to the District
resulting from the Project and the Plan.
3
a. An agreement by the Agency to make pass-through
payments of tax increment revenue to the
District in the amounts and at the times as set
forth in the attached Exhibit "A".
b. Appropriate language subordinating the payments
to the District to any bonds, notes or any
other borrowing instruments which will enable
the Agency to borrow monies which are secured
by the tax increment revenue not required to be
paid to the District under the fiscal
agreement.
c. Provisions to properly assure that the pass-
through payments will be applied to provide
services and facilities of benefit to Project
Area and other South San Francisco residents,
consistent with discussions and proposals
regarding such services and facilities
conducted and considered between Agency staff
and representatives of the District.
d. An agreement by the District to not file
litigation, challenging the adoption of the
Plan and a provision that if any such
litigation is filed by the District, the fiscal
agreement will become null and void.
e. Any other provisions approved by the Interim
Executive Director which are either appropriate
or required by law to implement the Agency's
intention under this resolution.
3. Upon approval by the District of the fiscal agreement
which is consistent with the terms of this resolution, the
Agency will authorize its execution.
I hereby certify that the foregoing Resolution was
regularly introduced and adopted by the Redevelopment Agency of
the City of South San Francisco at re§u]ar meeting held
on the 23rd day of June , 1993 by the following
vote:
AYES: Boardmembers Jack Drago~ Joseph A. Fernekes, and Robert Yee
NOES: None
ABSTAIN: None
ABSENT: Boardmember John R. Penna, and Chairwoman Roberta Cerri Teglia
ATTEST:
City of South San Francisco
-- RESOLUTION NO. 14-93
EXHIBIT "A"
PAYMENT OFFER
1. Beginning for Fiscal Year 1994-95 and continuing
until the Fiscal Year preceding the Target Fiscal Year (as
defined in Paragraph 3. below), the Agency shall pay to the
District an amount equal to the District Share (as defined in
Paragraph 4. below) of Tax Increment Revenue (defined in
Paragraph 5. below) attributable to increases in assessed value
of the taxable property in the Project Area, as the assessed
value is established by the Base Year Roll (as defined in
Paragraph 6. below), which are, or otherwise would be, calculated
annually pursuant to subdivision (f) of Revenue and Taxation Code
Section 110.1. By this Paragraph 1, it is intended that, during
the period specified above, the District will receive from the
Agency the amount that it would have received had it made the
election pursuant to Health and Safety Code Section 33676(a)(2).
2. Beginning for the Target Fiscal Year and
continuing until the expiration or other termination of the Plan,
the Agency shall pay to the District for each Fiscal Year an
amount equal to the District Share of Tax Increment Revenue
attributable to actual annual increases in assessed value of the
taxable real property in the Project Area, as the assessed value
is established by the Base Year Roll, not in excess of five
percent (5%) per annum; provided, however, that in no event shall
the Agency be required to make a payment for a given Fiscal Year
pursuant to this Paragraph 2 that would cause the difference of
(i) Net Tax Increment Revenue (as defined in Paragraph 7. below)
for that Fiscal Year minus (ii) the payment made to the District
pursuant to this Paragraph 2 for that Fiscal Year to be less than
Three Million Seven Hundred Sixty Thousand Dollars ($3,760,000).
By this Paragraph 2, it is intended that, during the period
specified above and subject to the proviso contained at the end
of the preceding sentence, the District will receive from the
Agency the amount that it would have received had it made the
election pursuant to Health and Safety Code Section 33676(a)(2),
except that, instead of a two percent (2%) per annum limitation
on the growth in assessed value of the taxable real property in
the Project Area, the amount payable to the District will be
calculated as if such limit were five percent (5%).
3. "Target Fiscal Year" means the Fiscal Year in
which the Net Tax Increment Revenue allocated to and received by
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the Agency first equals or exceeds Three Million Seven Hundred
Sixty Thousand Dollars ($3,760,000).
4. "District Share" for a given Fiscal Year means the
proportionate percentage share of Tax Increment Revenue that the
District would receive as property taxes from the Project Area in
that Fiscal Year if there were no provision in the Plan for the
division of taxes pursuant to Health and Safety Code Section
33670 et seq.
5. "Tax Increment Revenue" means those taxes
allocated to and received by the Agency pursuant to Health and
Safety Code Section 33670 et seq. from increases in assessed
valuation of the property in the Project Area above the valuation
shown on the assessed valuation roll last equalized prior to the
date of the adoption of the City ordinance adopting the Plan.
6. "Base Year Roll" means the 1992-93 property
assessment roll for the Project Area, as such 1992-93 property
assessment roll may be adjusted from time to time.
7. "Net Tax Increment Revenue" for a given Fiscal
Year means the amount of Tax Increment Revenue remaining after
subtracting the following amounts:
-- (a) the amount required to be paid by the Agency
to the County (or retained by the County from Tax Increment
Revenue) pursuant to Revenue and Taxation Code Section 97, or any
similar or successive statute, for property tax collection
services of the County;
(b) the amount required to be deposited in the
Housing Fund for that Fiscal Year;
(c) the amount, if any, required to be deposited
in the Educational Revenue Augmentation Fund established pursuant
to Revenue and Taxation Code Section 97.03, or any similar or
successor fund for that Fiscal Year;
(d) any other amount required to be paid,
deposited, or set-aside by statute from Tax Increment Revenue for
that Fiscal Year; and
(e) the amounts paid to any other affected taxing
entities for that Fiscal Year under fiscal agreements entered
into pursuant to Health and Safety Code Section 33401; provided
that such amount for any given other taxing entity shall not
exceed the amount that such other taxing entity would have
received had it made the election pursuant to Health and Safety
Code Section 33676.
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