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HomeMy WebLinkAboutTax Agreement County of San DiegoCity of National City, California COUNCIL AGENDA STATEMENT cq 3-- (_ MEETING DATE May 5, 1992 AGENDA ITEM NO. T�Ti RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AN A D APPROVING AN AGREEMENT FOR COOPERATION BETWEEN THE COUNTY OF SAN DIEGO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY, AMENDMENT III, NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT. PREPARED BY. DEPARTMENT Executive Director Community Development Commission EXPLANATION: The Agreement considered by the City Council on December 10, 1991 propose a payment of $3 million by January 31, 1992 and $10 million by January 31, 1998. The County did not have a $3 million capital project within or near and of benefit to the Downtown Project and does not have one projected for $10 million by January 31, 1998. The Agreement is therefor revised for payment of $1 million per year, each year, begin- ning May 15, 1992 and ending May 15, 2005, a total of 14 payments of $1 million. Pursuant to the Agreement the CDC can receive up to 10% per year compounded each year from 1991-1992 through 1997-1998 and then up to 6% per year compounded each year from 1998-1999 through 2014-2015. The County would receive the overage. The CDC's tax sharing Agreements with the San Diego County Office of Education and the Southwestern Community College District are treated so as to not reduce the CDC's 10% or the CDC's 6%. These matters are covered in Section 2 of the Agreement. Future Amendments to the Redevelopment Plan internal to the Project Boundary (2,083 acres) which will not have a fiscal impact on the County, such as designation of property acquisition areas, will not require County involvement or approval. See Section 9.3. Adding land area to the Project or changing the maximum allocation of taxes, or extending the duration of the Plan or increasing the maximum amount of tax allocation bonds which may be outstanding at any one time would involve the County. Environmental Review X N/A Financial Statement : Not applicable. Account No. STAFF RECOMMENDATION Executive Director, Community Development Commission, recommends approval. BOARD/COMMISSION RECOMMENDATION The Community Development Commission (CDC) Board, on December 3, 1991, approved the earlier Agreement and authorized its execution. The Agreement has changed substantially A new CDC approval is necessary. ATTACHMENTS (Listed Below) Resolution No. 92-69 Agreement for Cooperation. A•200 (Rev. 9/00) RESOLUTION NO. 92-69 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AND APPROVING AN AGREEMENT FOR COOPERATION BETWEEN THE COUNTY OF SAN DIEGO, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY. WHEREAS, the City Council of the City of National City, California and the Community Development Commission of the City of National City (CDC), held a joint public hearing on Amendment III, National City Downtown Redevelopment Project on June 11, 1991 and the City Council, on June 18, 1991 adopted Ordinance No. 91-2013 amending the Redevelopment Plan for the Project and the CDC, by adoption of Resolution No. 91-25 (NCDRP Amend. III) on June 11, 1991, found and determined that the Project has caused and Amendment III will cause a financial burden or detriment to taxing agencies and that payments are necessary to alleviate the financial burdens or detriments; and WHEREAS, the County of San Diego earlier proposed, in December, 1991, an Agreement for cooperation in satisfaction of the County's share of the tax increment from the National City Downtown Redevelopment Project, as amended by Amendment III, to and including Fiscal Year, 2014-2015; and WHEREAS, the Mayor and City Council and the City Manager have caused to be prepared, by Katz Hollis Coren and Associates, Inc., Sacramento, California, a Project Cash Flow Analysis which was considered by the Mayor and City Council and the City Manager at the City Council Meeting held April 28, 1992; and WHEREAS, the CDC's Bond Counsel, Investment Banker, Financial Analyst, Executive Director, and Attorney have worked with the County Administrative staff, the County Auditor -Controller and the County Counsel in the resolution of the legal and financial aspects of the proposed Agreement and the Executive Director of the CDC recommends approval thereof and the County administrative staff will recommend approval thereof to the County Board of Supervisors; and WHEREAS, the City Council wishes to enter into the proposed Agreement for cooperation with the County of San Diego; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California that the Mayor is hereby authorized to execute, on behalf of the City, that certain Agreement entitled, "Agreement for Cooperation Between the County of San Diego, the City of National City, and the Community Development Commission of the City of National City for Amendment III to the Redevelopment Plan for the National City Downtown Redevelopment Project Area". Said Agreement is on file in the Office of the City Clerk. Continued on Page Two Resolution No. 92-69 Page 2 of 2 PASSED AND ADOPTED this 5th day of May, 1992. "C AL jr, -George H. Waters, Mayor ATTEST: P Lo ' Anne Peoples, City Clerk APPROVED AS TO FORM: /? : �. ' 0 P3 -., George H. Eiser III, City Attorney AGREEMENT FOR COOPERATION BETWEEN THE COUNTY OF SAN DIEGO, THE CITY OF NATIONAL CITY, AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR AMENDMENT III TO THE REDEVELOPMENT PLAN FOR THE NATIONAL CITY DOWNTOWN REDEVELOPMENT PROJECT AREA This Agreement is entered into on the 5th day of MAY , 1992, by and between the Community Development Commission of the City of National City ("Commission"), the City of National City ("City") and the County of San Diego ("County"). R E C I T A L S A. The City Council of the City of National City adopted Amendment III to the Redevelopment Plan for the National City Downtown Redevelopment Project Area ("Amendment III") by Ordinance No. 91-2013. B. The Project Area for Amendment III, adopted by Ordinance No. 91-2013, encompasses 2,083.1 acres. C. Health and Safety Code Section 33401 provides that the Commission may pay to an affected taxing agency any amount of money which the Commission determines is appropriate to alle- viate any financial burden or detriment caused to the taxing agency by a redevelopment plan. D. The County advised the Commission of the potential financial impact resulting from the adoption and implementation of Amendment III. E. The parties found that the Commission's implementation of Amendment III will result in a loss of property tax revenues which the County could reasonably have expected to receive in the absence of Amendment III. F. On April 16, 1985, the parties entered into the Agreement between the County of San Diego, the City of National City, and the Community Development Commission of the City of National City ("April 16, 1985 Agreement") to alleviate the financial burden or detriment to the County caused by the implementation of Amendments No. 1 and No. 2 to the Redevelopment Plan for the City of National City Downtown Redevelopment Project. F. To alleviate the financial burden or caused by implementation of Amendment April 16, 1985 Agreement, the parties Agreement. detriment to the County III, and to replace the hereto enter into this G, AgRELz ENT NOW, THEREFORE, for and in consideration of the foregoing prom- ises, and for their mutual advantage and concern, the parties do hereby agree as follows: 1. Definitions The words and terms in the Agreement shall have the following meanings: 1.1 "Commission" shall mean the Community Development Commission of the City of National City. 1.2 "City" shall mean the City of National City, a municipal corporation. 1.3 "County" shall mean the County of San Diego, a political subdivision of the State of California. 1.4 "Project Area" shall mean the National City Downtown Redevelopment Project Area identified in the Ordinance adopting Amendment III. 1.5 "Fiscal Year" shall mean the period from July 1 to and including the following June 30. 1.6 "Ordinance" shall mean the Ordinance of the City adopting Amendment III. 1.7 "Amendment III" shall mean the amendment to the Redevelopment Plan for the National City Downtown Redevelopment Project Area prepared by the Commission and adopted by the City Council ,pursuant to the Ordinance, as required by law. 1.8 "April 16, 1985 Agreement" shall mean the Agreement between the County of San Diego, the City of National City, and the Community Development Commission of the City of National City entered into on April 16, 1985. 1.9 "Unitary Property Taxes" shall mean taxes as defined in Revenue and Taxation Code Section 98.9. 2. Payment of Tax Revenues 2.1 In order to comply with federal and state laws governing the issuance of tax allocation bonds by the Commission, and the use of proceeds thereof, it is not possible for the Commission to make a lump sum payment from such bond 7 proceeds to the County, as might be preferred, in recog- nition of the potential financial impact resulting from the adoption and implementation of Amendment III. 2.2 Accordingly, the Commission shall pay to the County no later than May 15, 1992 the sum of $1,000,000 and annual- ly no later than May 15 in each of the years 1993 through 2005 the sum of $1,000,000, and $621,867 no later than May 15, 2006, to be used at the County's sole discretion for any purpose within or outside the City. The parties anticipate that the Commission will issue tax allocation and refunding tax allocation bonds by June 30, 1992. The Commission shall in good faith seek to mini- mize the debt service requirements for these bonds by obtaining a surety bond and debt service insurance, and/ or by extending the maturity period from the year 2011 to the year 2015. In the event the Commission is unable to (1) obtain a surety bond, (2) obtain debt service insur- ance, and (3) extend the maturity period, the amount and schedule of annual payments to the County shall be ad- justed to provide the maximum feasible annual payment less than $1 million, over the number of years necessary to provide compensation having a present value equivalent to the agreed -upon series of payments between May 1992 and May 2006. 2.3 The. Commission shall pay to the County all tax increment revenues allocated to the Commission pursuant to Section 33670(b) of the Health and Safety Code which are.attri- butable to increases in the rate of tax levied by or for the benefit of the County, which. levy occurs in or after Fiscal Year 1990-91. 2.3.1 In the event of a tax rate increase as described in Section 2.3 above, the County Auditor and Controller shall notify the Commission of the tax rate increase and provide to the Commission, in writing, a recommended methodology to calculate amounts due pursuant to such increase. 2.4 In addition to amounts pursuant to Sections 2.1, 2.2 and 2.3 above, the Commission shall pay to the County tax increment revenues as follows: (a) Beginning in Fiscal Year 1991-92 and ending in Fiscal Year 1997-98, 100 percent of any tax increment, not including unitary property taxes, attributable to growth in assessed valuation above 91 3. a compounded annual rate of 10 percent, relative to Fiscal Year 1990-91. (b) Beginning in Fiscal Year 1998-99 and ending in Fiscal Year 2014-15, 100 percent of any tax increment, not including unitary property taxes,. attributable to growth above a compounded annual rate of 6 percent, using the lesser of actual growth through FY 1997-98 or a 10 percent annual rate compounded through FY 1997-98 as the bench- mark above which the 6 percent growth is to be calculated. (c) Notwithstanding the provision in Section 2.4(a) and Section 2.4(b) above that the County shall receive 100 percent of specified tax increment, should the Commission enter into a tax sharing agreement with the San Diego County Office of Education ("SDCOE") or the Southwestern Community College District ("SCCD"), the percentage of increment payable to the County under Section 2.4(a) and Section 2.4(b) shall be reduced by any percentage of annual tax increment to be paid by the Commission to the SDCOE or the SCCD pursuant to such agreements. The Commission shall provide the County with a copy of any tax sharing agree- ment with the SDCOE or the SCCD for Amendment III within 30 days after the execution of the agree- ment by the parties thereto. (d) In the event that the Plan remains in effect beyond FY 2014-15, the County shall receive its full share of all tax increment as if the Redevelopment Plan was not in effect. The City and the Commission shall not be precluded by vir- tue of this Agreement from extending the Redevel- opment Plan for the National City Downtown Rede- velopment Project beyond FY 2014-15. 2.5 The amounts payable to the County pursuant to Sections 2.3 and 2.4 above shall be determined by using the instructions in Attachment A to complete the worksheet in Attachment A-1, and the instructions in Attachment B to completed the worksheet in Attachment B-1. Payment Procedure 3.1 The County Auditor and Controller shall allocate and dis- tribute to the Commission the total amount of incremental 4 revenue available to the Commission in accordance with applicable law. 3.2 Within 30 calendar days after receiving a statement from the Auditor and Controller indicating the estimated amount of tax increment available to the Commission for a given fiscal year, the Commission shall calculate the County's share of the increment pursuant to Section 2.3 and Section 2.4, using the work sheet attached hereto as Attachment A-1, and shall file a copy of the completed work sheet with the County Auditor and Controller. 3.3 Within 30 calendar days after the receipt by the Commission of tax increment, the Commission shall calculate and pay the County's share of such increment. Payment shall be sent to the attention of the County Auditor and Controller, with a written explanation of how the amount was determined. 3.4 Within 30 calendar days after receiving a statement from the Auditor and Controller indicating the actual amount of tax increment available to the Commission for a given fiscal year, the Commission shall calculate and pay the amount, if any, due to the County in excess of the amount determined on the basis of the Auditor's estimate pursuant to Section 3.2 above. Payment shall be sent to the attention of the Auditor and Controller, with a writ- ten explanation of how the amount was determined. 3.5 Any amount due the County which is not paid within the time period specified in Sections 3.3 and 3.4 above shall accrue interest at the pooled money investment rate of the County, as published in the County Treasurer's Quar- terly Earnings Report or a comparable successor publica- tion, for the duration of the delinquency. 4. Subordination Payments pursuant to Section 2.2 shall be subordinate to the rights of the holder or holders (other than if the City of National City or a public entity in which it is a party is the holder) of the Commission's bonds to which tax revenues have been pledged. The Commission shall in good faith diligently attempt to market such bond or bonds in a manner such that sufficient tax revenues remain available to make payments pursuant to Section 2.2. In the event the Commission is un- able to make such payments, the amount due to the County shall accrue interest until payment is made, computed at the pooled money investment rate of the County as published in the County 5 Treasurer's Quarterly Earnings Report or a comparable succes- sor publication. 5. indebtedness The obligations of the City/Commission under this Agreement shall constitute an indebtedness of the City/Commission for the purposes of carrying out the Redevelopment Project, which indebtedness shall be payable only from the taxes levied by or for the benefit of taxing agencies in the Redevelopment Pro- ject Area, and allocated to the Commission pursuant to Health and Safety Code Section 33670 et seq. 6. Reimbursement for Auditor and Controller's Costs 6.1 The Commission agrees to reimburse the County Auditor and Controller for the Auditor's annual costs for accounting and distribution of tax increment to the Commission, including costs for any services performed pursuant to this Agreement, services performed pursuant to requirements mandated by statute, or services performed at the special request of the Commission which are not mandated by law. 6.2 Payment shall be made within thirty days of receipt by the Commission of the Auditor's statement of costs. 7. Defense against Legal Challenge The parties agree that in the event litigation is initiated attacking the validity of all or any portion of this Agree- ment, all parties shall in good faith defend and seek to up- hold this Agreement. 8. County, Commission and City Cooperation in Redevelopment It is the intention of the parties to expedite and facilitate the implementation of the Redevelopment Plan and to assist one another in the implementation of the Redevelopment Plan in accordance with applicable state and federal law. The parties agree to supply one another with information and reports from time to time as may become reasonably necessary in order for the parties to undertake their respective obligations under this Agreement. The Executive Director of the Commission and a representative of the County Chief Administrative Officer shall meet on a biennial basis to review the progress of implementation of the Redevelopment Plan and this Agreement. 2 9. General Provisions 9.1 Effective Date The date of this Agreement shall be the date when the Agreement shall have been -signed by the City and the Commission. 9.2 Term of Agreement; Amendment This Agreement shall remain in effect during the entire. term of Amendment III and shall not be revoked or revised except by a written.amendment signed by the parties. 9.3 Redevelopment Plan; Amendment By this Agreement, the parties intend to resolve all - differences with respect to the Redevelopment Plan or to future amendments to the Redevelopment Plan. The County agrees that it shall not bring any suit or action of any nature challenging the validity of the Redevelopment Plan, the resolutions, findings or other actions taken by the Commission or the City in relation to the approval of the Redevelopment Plan or the Negative Declaration or other environmental documents prepared for the project; or in relation to any future amendments to the Redevelop- ment Plan. The terms of Section 2 above shall apply to any future amendments to the Redevelopment Plan which are internal to the Redevelopment Plan Project Area and would not have a fiscal impact on the County, such as the designation of acquisition areas within the Project Area: However, the County shall receive a full pass -through of its share of additional property tax increment attributable to any future amendments to the National City Downtown Rede- velopment Project which would have a fiscal impact on the County, such as a future amendment of the Redevelopment Plan which adds land area to the existing Redevelopment Project Boundary, increases the maximum allocation of real property taxes to the Commission, extends the dura- tion of the Redevelopment Plan, or increases the maximum amount of tax allocation bonds which may be outstanding at any one time. In the event of a future amendment having a fiscal impact on the County, the Executive Director of the Commission and a representative of the County Chief Administrative Officer shall prepare appropriate worksheets and written instructions to calculate amounts payable to the County rA in addition to amounts calculated pursuant to Section 2.5 above. 9.4 Entire Agreement This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them. It is the intent of the commission, the City and the County that the payments herein provided for constitute a full, complete, fair and equitable adjustment for all financial and other impacts which have resulted or may result during the term of this Agreement from Amendment III as adopted by Ordinance No. 91-2013. The parties contemplate that payments to the County in certain years may exceed the amount of property tax revenues the County would have received in the absence of the division of taxes required by Section 33670 of the Health and Safety Code; consistent with Section 33401(b) of the Health and Safety Code, any such excess payments would reimburse the County for amounts _ deferred, including interest computed at the pooled money investment rate of the County as published in the County Treasurer's Quarterly Earnings Report or a comparable successor publication, in prior years beginning with FY 1991-92 and to the extent to which the County received less tax revenue in such years than would have been re- ceived absent Amendment III. By this Agreement, the parties terminate their April 16, 1985 Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement, con- sisting of 29 pages including all attachments, to.be executed on the dates set forth opposite their signatures. COUNTY OF SAN DIEGO (� By: J Clerk of the Board of S pervisors Approved as to Form and Legality: COUNTY �COUNSEL j /1 2� t By: Approved and/or authorized by the Board of Supervisors of the County of San Diego /117 J X .5-/a -90 3o s ute-Ok of the Board of Supervisors Date /5-7 Date -\1 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY.( OF NATIONAL CITY Date Approved as to Form and Legality: COMMISSION OUNSEL By: Date CITY OFNATIONAL CITY� Date Approved as to Form and Legality: CITY ATTO EY By: Date 0 WORKSHEET INSTRUCT.NS ATTACHMENT A HOW TO CALCULATE THE COUNTY'S SHARE OF REVENUE PER AGREEMENT SECTIONS 2.3 AND 2.4 FOR FISCAL YEAR 1991-92 THROUGH FISCAL YEAR 1997-98 STEP 1 DETERMINING CUTOFFS IN GROWTH OF AV Lines 1.1 through 1.6 Using the AP07 Reports for the current fiscal year provided by the Auditor and Controller for each of the six sub -areas of the National City Downtown Redevelopment Project Area, take the "TOTAL" amounts given under the column titled "Gross AV LESS A/O EXEMPTIONS" in the section for "ACTUAL" AV and enter the amounts on Lines 1.1 through 1.6. Line 2 Add the amounts on Lines 1.1 through 1.6. Enter the resulting amount on Line 2. Lines 3.1 through 3.6 Using the AP07 Reports for FY 1990-91 for each of the Project Area sub -areas, take the "TOTAL" amounts given under the column titled "GROSS AV LESS A/O EXEMPTIONS" in the section for "ACTUAL" AV and enter the amounts on Lines 3.1 through 3.6. Line 4 Add the amounts on Lines 3.1 through 3.6. Enter the resulting amount on Line 4. Line 5 Subtract Line 4 from Line 2. Enter the resulting amount on Line 5. Line 6 Enter the amount given on Line 4. Line 7 Using the 10.00% Escalation Schedule (Attachment 1), go to the current fiscal year (Column 2) for which the calculation is being made and follow across to the related escalation factor in (Column 3). Enter this factor on Line 7. Line 8 Multiply the amount on Line 6 by the factor on Line 7. Enter the resulting amount on Line 8. (If the amount on Line 2 is less than or equal to the amount on Line 8, skip to Step 4, Line 19 of the calculation process and then skip to Step 6, Line 26. If the amount on Line 2 is greater than the amount on Line 8, complete Lines 9 through 28.) Line 9 Subtract the amount on Line 8 from the amount on Line 2. Enter the resulting amount on Line 9. 1 WORKSHEET INSTRUCT ONS G ATTACHMENT A STEP 2 DETERMINING THE PERCENTAGE VALUE OF GROWTH ABOVE THE 10% THRESHOLD Line 10 On Line 10, enter the amount given on Line 9. Line 11 On Line 11, enter the amount given on Line 2 minus $332,703,468. (Note: $332,703,468 is the sum of the base year assessed valuations for the areas which make up the National City Downtown Redevelopment Project.) Line 12 Divide the amount on Line 10 by the amount on Line 11. Enter the resulting percentage on Line 12. STEP 3 DETERMINING COUNTY'S PERCENTAGE SHARE OF INCREMENT ABOVE THE THRESHOLD Line 13 On Line 13, enter the percentage pass -through of tax increment to the San Diego County Office of Education required for the current fiscal year by a tax sharing agreement between the Commission and the Office of Education. Line 14 On Line 14, enter the percentage pass -through of tax increment to the Southwestern Community College District required for the current fiscal year by a tax sharing agreement between the Commission and the Community College District. Line 15 Add the percentage amount on Line 13 and the percentage amount on Line 14. Enter the resulting percentage amount on Line 15. Line 16 Subtract the percentage amount on Line 15 from 100 percent. Enter the resulting percentage amount on Line 16. K WORKSHEET INSTRUCTIONSATTACHMENT A STEP 4 DETERMINING ELIGIBLE INCREMENT Line 17 If calculating Estimated Tax Increment, on Line 17 enter the amount given on the AP21 Summary Section titled "Total Estimated Redevelopment Tax Increment" minus any amount of unitary tax revenue included in that total. If calculating Actual Tax rncrgment, on Line 17 enter the amount given on the Auditors' Incremental Payment Statement titled "Total Of Incremental Payments" minus any amount of unitary tax revenue included in that total. Line 18 On Line 18, enter the amount, if any, attributable to an increase in the rate of tax levied by or for the benefit of the County. This amount and/or its method of calculation to be provided by the Auditor and Controller. Line 19 Subtract the amount on Line 18 from the amount on Line 17. Enter the resulting amount on Line 19. Line 20 Enter the percentage amount from Line 12. Line 21 Multiply the amount on Line 19 by the percentage amount on Line 20. Enter the resulting amount on Line 21. STEP 5 DETERMINING THE REVENUE TO DISTRIBUTE TO THE COUNTY Line 22 On Line 22, enter the amount on Line 21. Line 23 On Line 23, enter the percentage amount on Line 16. Line 24 Multiply the amount on Line 22 by the percentage amount on Line 23. Enter the resulting amount on Line 24. 3 WORKSHEET INSTRUCT oNS C ATTACHMENT A STEP 6 DETERMINING TOTAL REVENUE TO BE PAID TO THE COUNTY PER AGREEMENT Line 25 On Line 25, enter the amount on Line 18. This is the amount of revenue due to the County per Agreement Section 2.3. Line 26 On Line 26, enter the amount on Line 24. This is the amount of revenue due to the County per Agreement Section 2.4. Line 27 Add the amounts on Lines 25 and 26. Enter the total on Line 27. This is the total amount due to the County from the Commission. - (Note: If this worksheet is based on Estimated Tax Increment, an additional worksheet will need to be completed at the end of the - fiscal year to allow for any additional revenue or adjustments to the Commission's Tax Increment during the current fiscal year.) 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L < Z � v` C rd r W ce L < _ G — — — z y & ( d� ®¥{;( 2iccw )ee�= 222§E < ,§&e;e =�C62e V ( . k �zzz z ; $ C6 . < /@(_ 2 �)/ \ \\\\{ u z /;8\ �[- I�;2� 5�39§ \ \ <u of<cv k zzzz P§�fEE s _ _ - - t4— < Z zz \_ <z I E0 ! i \ _j z < - vi E»!(�yx* -- -® .o==<< <oIxzU, 00U5lLW c / ( ƒ IaI zzz oo§t=i_- _ 4s5 « . ... �; 2)ysyl== , LL - > z =�=e ! c3zz` \F. §§§3\}/ =z-,= / izzz LL ;_ z < ! \ \ \ \ § � zzzzzzzzzzzzzzzzzz \------------------ - WORKSHEET INSTRUCT rS ATTACHMENT B HOW TO CALCULATE THE COUNTY'S SHARE OF REVENUE PER AGREEMENT SECTIONS 2.3 AND 2.4 FOR FISCAL YEAR 1998-99 THROUGH FISCAL YEAR 2014-15 STEP 1 DETERMINING THE GROWTH RATE BENCHMARK FOR FY 1997-98 Lines 1.1 through 1.6 Using the AP07 Reports for FY 1997-98 provided by the Auditor and Controller for each of the six sub -areas of the National City Downtown Redevelopment Project Area, take the "TOTAL" amounts given under the column titled "GROSS AV LESS A/O EXEMPTIONS" in the section for "ACTUAL" AV and enter the amounts on Lines 1.1 through 1.6. Line 2 Add the amounts on Lines 1.1 through 1.6. Enter the resulting - amount on Line 2. Lines 3.1 through 3.6 Using the AP07 Reports for FY 1990-91 for each of the Project Area's sub -areas, take the "TOTAL" amounts given under the column titled "GROSS AV LESS A/0 EXEMPTIONS" in the section for "ACTUAL" AV and enter the amounts on Lines 3.1 through 3.6. Line 4 Add the amounts on Lines 3.1 through 3.6. Enter the resulting amount on Line 4. Line 5 Multiply the amount on Line 4 by 1.948717, which is the escalation factor for FY 1997-98 per the 10.00% Escalation Schedule in Attachment 1. Enter the resulting amount on Line 5. Line 6 On Line 6, enter the amount on Line 2 or the amount on whichever is less. This amount is the benchmark above which the 6 percent to be calculated per Section 2.4(b) of the Agreement. 1 Line 5, growth is WORKSHEET INSTRUCrJNS ATTACHMENT B STEP 2 DETERMINING CUTOFFS IN GROWTH OF AV Lines 7.1 through 7.6 Using the AP07 Reports for the current fiscal year provided by the Auditor and Controller for each sub -area of the National City Downtown Redevelopment Project Area, take the "TOTAL" amounts given under the columns titled "Gross AV LESS A/0 EXEMPTIONS" in the section for "ACTUAL" AV and enter the amounts on Line 7.1 through 7.6. Line 8 Add the amounts on Lines 7.1 through 7.6. Enter the resulting amount on Line 8. Line 9 On Line 91 enter the amount given on Line 6. Line 10 Subtract Line 9 from Line 8. Enter the resulting amount on Line 10. 'Line 11 Enter the amount given on Line 9. Line 12 Using the 6.00% Escalation Schedule (Attachment 2), go to the current fiscal year (Column 2) for which the calculation is being made and follow across to the related escalation factor in (Column 3). Enter this factor on Line 12. Line 13 Multiply the amount on Line 11 by the factor on Line 12. Enter the resulting amount on Line 13. (If the amount on Line 8 is less than or equal to the amount on Line 13, skip to Step 5, Line 24 of the calculation process, and then skip to Step 7, Line 31. If the amount on Line 8 is greater than the amount on Line 13, complete Lines 14 through 33.) Line 14 Subtract the amount on Line 13 from the amount on Line 8 the resulting amount on Line 14. R Enter WORKSHEET INSTRUCTNS ATTACHMENT B STEP 3 DETERMINING THE PERCENTAGE VALUE OF GROWTH ABOVE THE 6% THRESHOLD Line 15 On Line 15, enter the amount given on Line 14. Line 16 On Line 16, enter the amount given on Line 2 minus $332,703,468. (Note: $332,703,468 is the sum of the base year assessed valuations for the areas which make up the National City Downtown Redevelopment Project.) Line 17 Divide the amount on Line 15 by the amount on Line 16. Enter the resulting percentage on Line 17. STEP 4 DETERMINING COUNTYsS PERCENTAGE SHARE OF INCREMENT ABOVE THE THRESHOLD Line 18 On Line 18, enter the percentage pass -through of tax increment to the San Diego County Office of Education required for the current fiscal year by a tax sharing agreement between the Commission and the Office of Education. Line 19 On Line 19, enter the percentage pass -through of tax increment to the Southwestern Community College District required for the current fiscal year by a tax sharing agreement between the Commission and the Community College District. Line 20 Add the percentage amount on Line 18 and the percentage amount on Line 19. Enter the resulting percentage amount on Line 20. Line 21 Subtract the percentage amount on Line 20 from 100 percent. Enter the resulting percentage amount on Line 21. 3 WORYSHEET INSTRUCT�N'S ATTACHMENT B STEP 5 DETERMINING ELIGIBLE INCREMENT Line 22 If calculating Estimated Tax Increment, on Line 22 enter the amount given on the AP21 Summary Section titled "Total Estimated Redevelopment Tax Increment" minus any amount of unitary tax revenue included in that total. If calculating Actual Tax Increment, on Line 22 enter the amount given on the Auditors' Incremental Payment Statement titled "Total Of Incremental Payments" minus any amount of unitary tax revenue included in that total. Line 23 On Line 23, enter the amount, if any, attributable to an increase in the rate of tax levied by or for the benefit of the County. This amount and/or its method of calculation to be provided by the Auditor and Controller. Line 24 Subtract the amount on Line 23 from the amount on Line 22. Enter the resulting amount on Line 24. Line 25 Enter the percentage amount from Line 17. Line 26 Multiply the amount on Line 24 by the percentage amount on Line 25. Enter the resulting amount on Line 26. STEP 6 DETERMINING THE REVENUE TO DISTRIBUTE TO THE COUNTY Line 27 On Line 27, enter the amount on Line 26. Line 28 On Line 28, enter the percentage amount on Line 21. Line 29 Multiply the amount on Line 27 by the percentage amount on Line 28. Enter the resulting amount on Line 29. 4 WORKSHEET INSTRUC'NS __ ATTACHMENT B STEP 7 DETERMINING TOTAL REVENUE TO BE PAID TO THE COUNTY PER AGREEMENT Line 30 On Line 30, enter the amount on Line 23. This is the amount of revenue due to the County per Agreement Section 2.3. LINE 31 On Line 31, enter the amount on Line 29. This is the amount of revenue due to the County per Agreement Section 2.4. Line 32 Add the amounts on Lines 30 and 31. Enter the total on Line 32: This is the total amount due to the County from the Commission. (Note: If this worksheet is based on Estimated Tax Increment, an - additional worksheet will need to be completed at the end of the fiscal year to allow for any additional revenue or adjustments to the Commission's Tax Increment during the current fiscal year). A sample worksheet is attached for reference purposes. 5 6 w U C M X a y E o y, b > y . >1 w � t d m M > x C C) w v 0 v 3 >. a C m W ti 0 a.l J a� 41 41 J-I N Q! 41 C7 y y O N L L L X X LO Y m m m x x w x U w C w 3 3 3 ~ a 3 3 3 f w 41 w 0 •.Ei O 0 0 O . 0 O C N ? m m W rl •-I ^-' N C C -00 C O C) C C C rl m r1 w rl .0 .0 rl O E O 0 O O O U + w w w U C y y 4) J N C C O C 7 G C G G W 6 m I n N O O N m . O. P l'1 T N tl1 m „y r p� N N tl1 O� tf1 O O� v n+ 17 ti 'y r N �a J C C) E E R O d w w O U U E" •.ca •-Ci C) G m It m QI C >, F m m m m m O r w U U L L C W w a 0 re w C) w m C) w C C CP C U3 w C) w w w > J •.i M C ^ J to u N a to p' to O. 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L ^1 < < Li; N L = � L L L F ai N fV N N r..r..LL... 'L Z z_ z_ z_ Z_ z_ ooc U F Lp: ----- .. N ZU < - - f C = 1 L C L L N O ULLI 1,�Z , - I ..I Z Z Luuu `z z z -z z z z F= d v 2 Z,z z^ i < - -; < Cr 5 z C�< Z O L < z Z } _ - N r. v v. .G r� r� r n r - N O x a-- Y<< L C z L`. F rr _ Z z Z Z Z Z - - - - - _ Z Z 2 Z. Z Z Z - - - - - C C _ 3 F h s z - II o><><}x��=� Y; Z ^. � Z < z Z Z Z Z Z Z Z Z Z Z Z Z Z y<= _ - NATIONAL CITY AGREEMENT 10.00% ESCALATION SCHEDULE ATTACHMENT 1 2 3 4 ....... AGREEMENT FISCAL ESCALATION 7ET YEAR YEAR FACTOR FACTOR 1 1990-91 1.000000 0.000000 2 1991-92 1.100000 0.100000 3 1992-93 1.210000 0.210000 4 1993-94 1.331000 0.331000 5 1994-95 1.464100 0.464100 6 1995-96 1.610510 0.610510 7 1996-97 1.771561 0.771561 8 1997-98 1.948717 0.948717 NATIONAL CITY AGREEMENT 6.00% ESCALATION SCHEDULE G, ATTACHMENT 2 1 2 3 ilSi.:v. .....}.+,..:....•:::::«:n. v:.....i4...::: r.... ....aF.. ... .{: :..�,,,y:,.a.:..:..::+...,,.y;:::-::.i$:.;:::.: .v.i;;52 �n.%.i}i::.: mri:. i:.::n:}: }.::::.}F..: i}n. �:}::::i>::i:: :::`:i::`:.:J}\�n\nv :. .:.5:!•>........ NET AGREEMENT FISCAL ESCALATION YEAR YEAR FACTOR FACTOR 1997-98 1.000000 0.000000 8 9 1998-99 1.060000 0.060000 10 1999-2000 1.123600 0.123600 11 2000-2001 1.191016 0.191016 12 2001-2002 1.262477 0.262477 13 2002-2003 1.338226 0.338226 14 2003-2004 1.418519 0.418519 15 2004-2005 1.503630 0.503630 16 2005-2006 1.593848 0.593848 17 2006-2007 1.689479 0.689479 18 2007-2008 1.790848 0.790848 19 2008-2009 1.898299 0.898299 20 2009-2010 2.012196 1.012196 21 2010-2011 2.132928 1.132928 22 2011-2012 2.260904 1.260904 23 2012-2013 2.396558 1.396558 24 2013-2014 2.540352 1.540352 25 2014-2015 2.692773 1.692773 H w Co. O bC 00; W Ln of 0.� H O! J C 7' H C7 H I+W OtI al 2 0 N N 4T .+ V\�a P� NT P 7j NT -1 Ontr MN PNc, 1 in An H Pv.-+ v�ManM WQ .ti �TP�OIn %TNr I ZOrgri0 to MM.T In J tf1 b.-,M Nv rrr Mnvc >Nn v1 LA NO PYV N-.Tr M v n. 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Ma.....y ...5. 19.92 by the following vote, to -wit: ... Dalla. Inzunza. Van Deventer, Zarate, Waters Ayes: Councilmen........................................................................................ Nays: Councilmen ...None .......................................................... Absent: Councilmen ...None ...................................................... Abstain: Councilmen ...None .................................................................. AUTHENTICATED BY GEORGE H. WATERS Mayor of the City of National City, California ..... C' y Clerk dofthVeVC-itt'y-4`o.Pajtion- ia By: ................................................................................ Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION NO. .... 9.2-.69.... of the City of National City, Calif., passed and adopted by the Council of said City on .... May .... 5...... 1.9.9.2 (Seal)...............................................................................:........ City Clerk of the City of National City, California By: ................................................................................ Deputy Chapter III RECORDS MAINTENANCE, RETENTION, STORAGE AND DESTRUCTION 1. Purpose. The purpose of a records management program is to provide guidelines for City departments concerning records maintenance, retention, storage, and destruction. The main objectives of the program are to increase the usefulness of the record by preserving only the material that is truly essential or desirable, and to make that information quickly accessible by accurate classification of the record. Another objective is to provide a procedure for the orderly and lawful destruction of all records. By controlling the creation, maintenance, and disposition of all records, efficiency and economy of City business can be enhanced and sound records management practices vastly improved. 2. Destruction of Records. a. Temporary Records. At the beginning of each calendar year or on a more frequent basis when appropriate, the department manager or his/her designee will review those records whose retention period have expired, and which are no longer needed for legal, administrative, fiscal, historical, or research purposes. The department manager will submit a "Destruction of Temporary Records Notice" to the City Attorney for approval. Upon approval by the City Attorney, the original "Destruction of Temporary Records Notice" will be returned to the initiating department for permanent retention. b. Permanent Files. Pursuant to Government Code Sec- tion 34090.7, permanent files are destroyed only after the files have been microfilmed and the film record edited, duplicated and permanently stored. When this is accomplished, the destruction procedure as outlined in the "Destruction of Temporary Files" procedure will be followed. c. Destruction of Confidential Files. "Confidential" records or files are those which are exempt from disclosure under the California Public Records Act (Government Code Section 6250, et seq.), or under any other provision of law establishing a privilege or confidentiality as to such records. If there is any question as to whether a record is confidential, the City Attorney's Office should be consulted. All files of a confidential nature will be destroyed by shredding only. Retention requirements and the destruc- tion procedure also apply to confidential files. All City departments will follow the "Destruction of H. Confidential Files" procedure outlined below only after the proper destruction notices have been completed and .. approved. (1) If a department has a large volume of confidential records to destroy, arrangements for pickup of the records by an outside agency must be made through the City Manager. An individual from the depart- ment, designated by the department head, must accompany the records to the site of destruction to witness the total destruction of the files. Only after watching the destruction process of the records may the witness sign and date the destruc- tion notice. (2) If a department has a small volume of files to destroy, the files may be destroyed by a designated individual from the department on the City -owned shredder. After shredding the files, the individual may sign and date the destruction notice. d. Destruction of Temporary Records Notice. In following the procedure for destruction of temporary records, the "Destruction of Temporary Records Notice" form depicted in Appendix "A" shall be utilized. 9 A. B. APPENDIX "A" DESTRUCTION OF TEMPORARY RECORDS NOTICE' Department 3 Division: O Date: e FeEention per o on e o 6;il g recor s has elapse and it is no longer necessary to store them. Please indicate approval for their destruction by signing and Indicating the date. rljE V_ATFZVRMR RECURDS TDTA"RETEHI U9_ RAi�1�.DEi$ATRAFIUAt: ^ FERID6: V O DESCRIPTIONRIDD ZDJERE6�TDE74TiisiT— U F 1U'PRU7 Diparirent ikad Date City Attorney Date UESTRXTICW-DATE— DESTRDi 'nT: S- Q O OO Type the name of the department in this space and the division, if applicable (e.g., Parks and Recreation: Adminis- tration). The date the destruction notice was typed. 0111 C. In this space, type the specific category that the file is classified under according to your department's files retention listing (e.g., Activity Reports). D. This space is provided for a detailed description of the file (e.g., Monthly Reports). B. Type the total retention period of the particular file found in your department's files retention listing in this space. F. Type the period covered for the file in this space. The total retention period for a file is computed from the date of the last entry to the file. G. Upon destruction of the record, the employee from the department destroying the file will indicate the date of the destruction in this space. H. This space is for the signature of the employee who destroyed the file. I. For the department's remarks, if any. 11