HomeMy WebLinkAbout2010-13 UUSD capital outlay URARESOLUTION O. 2010- 13
WHEREAS,
1. The Ukiah Redevelopment Agency (the "Agency") is a public body, corporate
and public, duly established and authorized to transact business and exercise
powers under and pursuant to the provisions of the Community
Redevelopment Law of the State of California (the "Law"), including the power
to expend funds for public improvements for the benefit of the Ukiah
Redevelopment Project Area ("Project Area"); and
2. The City of Ukiah ("City") is the legislative body for the community in which
the Project Area is located and pursuant to Health & Safety Code Section
33445 is required to consent to payments to be made by its Agency for capital
improvements; and
3. The Ukiah Redevelopment Plan adopted on November 15, 1989 provides for
the funding of public improvements within the Project Area; and
4. The primary source of income to the Agency is "tax increment," which is the
portion of ad valorem real property tax that results from the increase in
assessed value of real property in the Agency's redevelopment project area
over the "base year," which is the year the redevelopment plan is approved.
The increment is composed of two parts: the annual 2% increase authorized
by Cal. Revenue and Taxation Code Section 110.1(f) ("Inflation
Adjustment"), and the increase resulting from reassessment of real property
after a sale or after the construction of improvements; and
5. Under a 1990 agreement with Ukiah Unified School District (District), the
Ukiah Redevelopment Agency maintains a Capital Outlay Fund for the benefit
of the District. Each year after calendar year 1990, also called "the Base
Year," the Agency credits the fund with an amount of money equal to the
increases in the assessed value of the taxable property in the Agency's
redevelopment project area above the sum of the Base Year Roll resulting
from the Inflation Adjustment which would have been calculated and paid to
District annually if the redevelopment project area had not been established;
and
6. Under a 2003 amendment to the original 1990 agreement with Ukiah Unified
School District, the District may request annual payments from the District's
Capital Outlay Fund, but in amounts as specified in a schedule attached to
the 2003 agreement. The Agency is required to disburse requested payment
in accordance with Section 3 of the 1990 agreement; and
7. Funds accumulated in the District's Capital Outlay Fund may be used by the
District for publically owned capital improvement projects when such
improvements are found to be of a benefit to the project area and no other
reasonable means of financing such improvements exists; and
8. The District is requesting the release of funds from its Capital Outlay Fund to
pay for the cost of renovating or reconstructing their current District
Administration Office to a new expanded facility at its current location at 925
North State Street. The request letter from the District is included with the
attached Exhibit A and further details the Administration and Education Office
Project; and
9. The site for the Ukiah Unified School District Administration and Education
Resources Office is located within the Project Area and is on property owned
by the District; and
10. The Ukiah Unified School District Administration and Education Resources
Office Project (the "Project") is consistent with the Agency's Five Year
Implementation Plan and a benefit to the Project Area as detailed in Exhibit A;
and
11. Before the City Council may approve a disbursement of Agency funds for a
public improvement, the City Council must conduct a public hearing in
compliance with Health and Safety Code Section 33679; and
12. Health and Safety Code Section 33679 requires notice of the public hearing
to be published for two successive weeks prior to the hearing in a newspaper
of general circulation in the City and a summary of the proposal to be
available for public inspection during that two week period; and
13.As required by law, notice was published in the Ukiah Daily Journal on March
3, 2010 and March 10, 2010 and a project summary was available for
inspection during the required period at the City Clerk's Office (300 Seminary
Avenue) and on the City's website (www.cityofukiah.com); and
14. Health and Safety Code Section 33679 requires the City Council to determine
the total funds to be disbursed from the fund and to make specified findings
before it can approve the disbursement of said funds; and
15. The City Council has considered the factual information provided in Exhibit A
and at the hearing conducted on March 17, 2010, in making the findings as
set forth below;
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council hereby authorizes the Agency disburse funds for the Project
from the District's Capital Outlay Fund and other Agency funds set aside
specifically for the benefit of the District.
2. The total funds to be disbursed to the District pursuant to paragraph 1,
above, shall not exceed $3 million, including not to exceed $2.5 million dollars
from the Capital Outlay Fund, which may include, but shall not exceed, tax
increment revenue currently credited to the fund and as credited to the fund
in future years.
3. The City Manager is directed and authorized to enter a written agreement
with the District to assure that the funds are disbursed and used in
accordance with this resolution, the Community Redevelopment Law and
1990 agreement, as amended.
4. Based on the facts as set forth in the attached Exhibit A, the City Council
hereby finds:
a. The renovation/construction of the Ukiah Unified School District
Administration and Education Resources Office Project is of benefit to the
project area;
b. The Project will contribute to the elimination of blight.
c. There are no other reasonable means of financing the Project of available
to the community.
d. The Project is consistent with the Agency's Five Year Implementation
Plan, adopted on August 15, 2007.
PASSED AND ADOPTED by the Ukiah City Council on March 17, 2010, by the
following roll call vote:
AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
jy
,JoAnne Currie, City Clerk
Benj Thomas, Mayor
EXHIBIT "A" TO RESOLUTION
SUMMARY OF PROPOSED EXPENDITURE
OF THE UKIAH REDEVELOPMENT AGENCY FOR THE CONSTRUCTION OF THE
NEW UKIAH UNIFIED SCHOOL DISTRICT ADMINISTRATION AND EDUCATION
RESOURCES OFFICE PROJECT
The City of Ukiah created a redevelopment agency ("Agency"), adopted a
redevelopment plan, and established a redevelopment project area in 1989. The
Agency uses a portion of property tax revenues to undertake projects and finance
improvements to reduce or eliminate blighted conditions in the redevelopment project
area.
The primary source of income to a redevelopment agency is "tax increment," which is
the portion of ad valorem real property tax that results from the increase in assessed
value of real property in the Agency's redevelopment project area over the "base year,"
which is the year the redevelopment plan is approved. The increment is composed of
two parts: the annual 2% increase authorized by Cal. Revenue and Taxation Code
Section 110, and the increase resulting from reassessment of real property after a sale
or after the construction of improvements.
Under a 1990 agreement with Ukiah Unified School District (District), the Ukiah
Redevelopment Agency maintains a Capital Outlay Fund for the benefit of the District.
Each year, the Agency credits the fund with an amount of money equal to the increases
in the assessed value of the taxable property in the Agency's redevelopment project
area above the sum of the Base Year Roll which would have been calculated and paid
to District annually if the redevelopment project area had not been established.
Funds accumulated in the District's Capital Outlay Fund may be used by the District for
capital improvement projects when such improvements are found to be of a benefit to
the project area and no other reasonable means of financing such improvements exists.
Under a 2003 amendment to the original 1990 agreement with Ukiah Unified School
District, the District may request annual payments from the District's Capital Outlay
Fund, but in amounts as specified in a schedule attached to the 2003 agreement. The
Agency is required to disburse requested payment in accordance with Section 3 of the
1990 agreement. The 1990 and 2003 agreements are included as Attachments #1 and
#2 for review.
The District is requesting the release of funds from its Capital Outlay Fund to pay for the
cost of renovating or reconstructing their current District Administration Office to a new
expanded facility at its current location at 925 North State Street. The property is within
the Agency's Project Area and is owned by the District. The request letter from the
District is included as Attachment #3 and further details the Administration and
Education Office Project.
The City and Agency must comply with Health and Safety Code Sections 33679, 33445,
and other provisions of Community Redevelopment Law (CRL) before permitting the
use of redevelopment funds for the purpose of paying all or part of the value of the land
for, and the cost of installation and construction of, any public owned buildings, facilities,
or improvements.
Accordingly, the City Council as the legislative body of the Agency must conduct a
public hearing in compliance with Health and Safety Code Section 33679 before it can
approve the disbursement of redevelopment funds for the improvement and
construction of buildings to be owned by a public agency.
Two weeks prior to conducting the hearing, the City is required to make a summary
available for public review. The summary must state the total amount of taxes proposed
to be used for the construction of the building and other improvements, and it must
include the facts supporting the findings which are required by Health & Safety Code
§33445. Those findings are as follows:
(1) That the buildings, facilities, structures, or other improvements are of
benefit to the project area or the immediate neighborhood in which the
project is located.
(2) That no other reasonable means of financing the buildings, facilities,
structures, or other improvements, are available to the community.
(3) That the payment of funds for the acquisition of land or the cost of
buildings, facilities, structures, or other improvements will assist in the
elimination of one or more blighting conditions inside the project.
The findings are supported as follows:
A. Estimate of taxes proposed to pay for the improvement and construction of
the Ukiah Unified School District Administration and Education Resources
Office is $3,000,000.
B. There is no other reasonable means of financing the construction project.
The District intends to finance the project solely through the use of the District's
RDA Capital Outlay Funds including the annual tax increment owed to the School
District that has currently accrued and if necessary addition increment due from
following years up to $3,000,000.
C. Facts supporting findings under Health & Safety Code Section 33445.
1. The Ukiah Unified School District Administration and Education
Resources Office is of benefit to the project area and contributes to the
elimination of blight.
i. The site of the current District Office was constructed as a mortuary in
1962 and renovated as the Administration Office in about 1987.
Presently, the facility's current condition is deteriorated and inadequate to
serve the needs of the District. Construction of the New Ukiah Unified
School District facility will benefit its immediate neighborhood and may
serve as an impetus for other property improvements.
ii. The renovations to the facade of the facility in 1987 were minimal and the
addition of a temporary building has contributed to a physically blighted
aesthetic. The property is located on North State Street which is a major
entry point into Downtown Ukiah and a significant commercial/retail
corridor. State Street is specifically identified in the Ukiah Redevelopment
Plan as a major thoroughfare in need of beautification. The reconstruction
of the blighted building will improve the visual aesthetics of the property
and the corridor.
iii. The presence of the facility and its approximate onsite workforce of 25
employees will promote and encourage commerce and other purposeful
activities in the immediate neighborhood.
2. The Ukiah Unified School District Administration and Education
Resources Office is consistent with Ukiah Redevelopment Agency's
Redevelopment and Implementation Plans.
i. The use of redevelopment funds is consistent with the redevelopment plan
adopted by the Agency pursuant to CRL. Specifically, (1) The elimination
of blighting influences and the correction of environmental deficiencies in
the Project Area, including, obsolete and aged building types,
incompatible and uneconomic land uses, substandard, inadequate or
deteriorated public improvements and facilities, (2) The replanning,
redesign and development of underdeveloped areas which are stagnant or
improperly utilized, and (3) The providing of opportunities for participation
by owners and tenants in the revitalization of their property.
ii. The use of redevelopment funds is consistent with the implementation
plan adopted by the Agency pursuant to Health & Safety Code §33490.
Specifically, (1) Eliminate and prevent the conditions which lead to the
spread of blight by providing the renewal, redevelopment, and restoration
of the Redevelopment Project Area, (2) Promote public safety and
economic growth through an improved system of streets, utilities, and
public facilities, and (3) Plan, design, and develop areas which are
currently stagnant or underutilized.
Submitted for Public Review on March 3, 2010 by the Ukiah Redevelopment Agency
(300 Seminary Ave). For questions or comments, contact Sage Sangiacomo (Assistant
City Manager) at (707) 463-6221 or ssangiacomo@cityofukiah.com.
Attachment #
AG HEI 2 ME LUMH MM*MM AGENCY
AND VO UKIAH UWIM SCHC1f3Z, DISTRICT PORSUMT
TO HEALTH AMID SAEZ°I.'Y COPE SECTION 33401
THIS P.UMENT (the "Agreement°) is made and entered into this day
of January, 1990, by and batwmen the UMH RMEVELOPMENT AGENCY (the 'Agency")
and the MMH UNIFIED SCHOOL DISTRICT (the "Distri.ct").
REC.TTUS
A. The City Council of the city or uUah (the "City Council") adopted
and approved a Redevelopment Plan (the "Redevelopmnt plan") for the M dab
Redeveloprent Project, (the "Project") by ordinance No. 895 on
November 15, 1989.
B. P=Mant to the Ccatimulity Redevelopmnt Law of the State of
California (Health and Safety Code Section 33000 et seq.), the Agency is
charged with the responsibility of carrying out tiie Redevelopment Plan for the
Project,
C. The District is a taxing agency with territory located within the
boundaries of the Project (the "Project Area").
D. Pursuant to Article XVI, Section 16, of the California Constitution,
Section 33670 et seq. of the Health and Safety Code and the Redevelopment
Plan, increases in the assessed values of the property within the project Area
above the sum of the assessed values as shor,m on the 198990 assessu?nt roll
(the "Base Year Hull") will result in that portion of property taxes levied
each year on such increases in assessed values being paid to the Agency as tax
increm?nts (and not including any amounts paid to affected taxing entities
pursuant to Section 33676 of the Health and Safety code) ("Tax 1nanmL++ts") to
pay the principal of and interest on loans, nc es advanced to or indebtedness
incurred by the Agency to finance or refinance, in whole or in part,
redevelopment in accordance with the Fa3evelop ent Plan.
E. Section 33401 of the Health and Safety Code allows a redevelopment
agency to make any payments necessary to alleviate any f i a3 burden or
detriment caused to any affected taxing agency by a redevelopwnt project.
F. Section 33945 of the Cm mmity Redevelopm_nt Law provides that a
rede'velopunt agency inay, with the consent of the legislative body, pay all or
part of the cost of installation and construction of publicly-awned buildings,
facilities or isnprovaTents if the legislative body detemmi.nes that such
buildings, facilities or improvements are of benefit to the project area and
that there are no other reasonable means of financing such buildings,
facilities or Improvements.
G. Section 33679 of the Comm ity Redevelop rant law provides that prior
to =vn tting tax increment mm-das for the purpose of paying all or part of
the value of land or the installation and construction of publicly-owned
buildings, the -legislative body must prepare a sum:t>ary of such proposed
expenditures, hold a hearing and make certain specified findings.
H. Section 33678 of the Cammmity Redevelopment law provides that the
allocation and payment of tax increment monies to redevelopment agencies shalt
not be deemed proceeds of taxes within the meaning of Article =I-s of the
California Constitution only if those tax imiorem at monies are used for
redevelopment activities which: (l) are redevelopment as defined in
Sections 33020 and 3.3021 of the C =mm ity Redevelopment yawj (2) primarily
benefit the project area; and (3) are not used for the payment of employee or
cantractural services, unless directly related to the purposes of
Sections 33020 and 33021 of the Community Redevelopment yaw.
1. The Agency has determined that because it will use funds to increase
or improve the supply of low- and moderate-inccus housing within tip City
wbich may generate additional students and increase the need for District
services, facilities or improvements, certain actions as set, forth below are
necessary to alleviate the burden and detriment or potential burden and
detriment to the District.
J. The purpose of this Agreement is to provide for a procedure pursuant
to which the Agency may provide for payments to be made by the Agency to the
District to reimburse, and/or pay for, 'part of the cost of land and/or certain
capital kgmovements, including buildings, facilities and improvements
incidental thereto, and improvements to existing buildings and facilities
which are determined by the City Council of the City of Ukiah and the Agency
to meet the requirements of't he O ni ty Redevelopment Law.
K. The Agency and the District recognize that until specific low- and
moderate-incama- housing programs are established, it is not possible to
determine at this time which specific services and facilities will be required
of the District as a result of the Project.
THE AGENM AND THE DISTR= HMMY AGREE AS P€li;EOWS:
SEC=CN 1. Definitions. As used herein:
a. 11C=mumity Redevelopment yaw" means the California 'Community
Redevelopment Law as set forth in California Health and safety code
Section 33000 et seq.
b. "Final MTR" means the Draft Environmental Impact Report on the
Redevelopment. Plan for the Ukiah Redevelopment Project and the comments and
responses thereto.
c. "Ordinance" Mans Ordinance No. 895 adopted by the City Council
on November 15, 1989, approving and adopting the Redevelopment Plan.
d. "Project" mans the Dinah Redevelopment Project.
e. "Project Area" means the land area within the boundaries of the
Ukiah Redevelopment Project as shown and described in the Redevelopment Plan.
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f. "Redevelopment Plan" means the Redevelopmant Plan for the Ukiah
Redevelopment Project.
SEC ON 2. Subject to the conditions and limitations set forth in
Sections -3 and 4 of this Agreement, the Agency agrees to-
a. Pass 'through to the District increases in the rate of tax
imposed for the henefit of the District, which levy occurs after the tax year
in which the ordinance becomes effective and
b. Set aside in a fund for District capital improvements (the
"Capital Outlay Fund") an arrount equal to increases in the assessed value of
the taxable property in the Project area above the sum of the Base Year Roll
which are, or otherwise would be, calculated and paid annually to the District
pursuant to subdivision (f) of Section 110.1 of the Revenue and Ta ration Code,
and to make payments to the District from the Capital Outlay Fund in
accordance with and subject to the conditions set forth in Section 3 of this
Agreen-nte Me Agency shall invest monies held by it in the Capital Outlay
Fund. Any interest earned on the Capital Outlay Fund shall accrue to the
Capital Outlay Funds
c. Explore with the District methods by which the. Capital Outlay
Fund could be increased by amounts of Tax Increments which are not required by
the Agency for the purpose of other Agency indebtedness or future Agency
projects, or amounts required to be set aside for low-- and mderate^incoma
housing.
SF==q 3. The Agency's obligation to make payments to the District from
the Capsta1 Outlay Fund pursuant to Section lob. above is subject to the
fo3lowing conditions:
a, By L?anuary 1st of each year, the Agency shall. provide to the
District a statanent of the funds available as of the and of the previous
fiscal year in the Capital Outlay Fund.
b. Prior to March lst_of'each year, the District shall present to
the Agency a list of prioritized projects which the District has 'found are
required by the financial burden or detrinw_nt caused by ,the Project or are
projects which benefit the Project Area.
c. Prior to July 1st of each year, the Agency and the City Council
shall hold a public hearing in accordance with Section 33579 of the city
RedeveloDmnt Law. The Agency's review of the proposed projects under this
Agreement shall be limited to whether the projects meet the Agency's
requiram=nts under the Ca- minity Redevelopment Law. U-v-- Agency shall, approve,
those projects which meet the Cwmunity Redevelopent Law, including, bat not
limited to, Sections 33401, 33445, 33678 and 33679, which approval shall not
be unreasonably withheld,
d. in no event shall the Agency's annual payment from the capital
outlay Fund to the District required pursuant to the provisions of this
Agreement exceed the amunt specified in Section 2.b. of phis Agreement.
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SE=CN 4. In no event shall pats be made to the District by the
Agency: '
a. Which violate the expenditure limitation for the District under
Article XIII--B of the California Constitution; or
b. Which are contrary to the provisions of Sections 33401, 33445,
33678 or 33679 of the Cmmnraity Fedeveloprent Law or violate any other
Provision -of the Cammnity RedeveloAnEnt Law or the laws of the state of
California.
SEMON S. Pursuant to Section. 33334.2 of the Commmity Redevelopamt
Law, the Agency musty set aside twenty percent (20%) of its Tax Increments for
low- and moderate-sn=ne housing (the "Housing Ftzds"). The Agency agrees to
consult: with the District:: on expenditure of the Housing Funds and the impact
it may have on the District and to include the District on the Agency's low-
and Moderate-Income Housing Cm ttee to be established pursuant to Agency
Resolution No. 904-I0.
SECTION 6. In order to assist the District with the developnent of
additional District facilities and kgprwawnts, the Agency agrees to acquire
certain real property located adjacent to the Oak Mawr School from, the "City
of Udah for disposition to the District (the "Sales Property"} . The Sales
Property is described in the "Description of the Sales Property," attached
hereto as Exhibit A and incorporated herein by reference. The Agency's
obligation to acquire the Sales Property and convey it to the District shall
be in accordance with and subject to the following conditions:
a. The Agency agrees to sell the Sales Property to the District for
',a Purchase Price of One Dollar ($1.00).
b. The Sales Property is currently used for park purposes,
including tennis courts (the "Existing Park Uses and Facilities"). The
District covenants and agrees that (1) as long as the Existing Park Uses and
Facilities min on the Sales Property, _ shal3Dave Zont use of the
Sales Property and the Existing Park Uses and Faa"7ities and~the- District
agrees to moan Park Uses and Facilities at the level at which
i tly' maintained, and (2) prior to i.strict changing the
Existing Park Uses -and Facilities on the Sees Per the District shall.
have ~r ~~for the Existing Park Uses and. Facilities on other property with
equivalent facilities, including tennis courts, within the general area of the
Oast Manor area, except that the number' of parking spaces to be provided shall
be determined by .ncy and the Distr' based on the appropriate
requirements for the park and school uses Aancy shall have the right to
approve, which right shall not be unreasonably withheldr the :Location and the
kind of facilities determine zf they are equivalent to the Existing Park
Uses and Facilities. Me covenants in this subsection b. shall be included in
the grant deed. con ing the Sales Property to the District and shah, without
regard to technical classification and designation, be binding for the benefit
and in favor of the Agency, its successors and assigns, the City and any
successor in interest to the Sales Property or any part thereof.
SE=CN 7. In the event that in the future the District becomes a "
aid" entity as defined under state law or the current method of state school
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district financing changes in a manner that adversely affects the District's
financing due to the existence of the Redevelop m-it Flan, the Agency agrees to
meet imneaiately in good faith with the District and attempt to find ways to
alleviate such adverse fiscal detriment caused by the Project consistent with
the intent of this Agree-ent and also consistent with the ability of the
Agency to carry out the Redevelopment Plan. If the District claims such
adverse fiscal detrirrent, it shall be obligated to submit written
documentation to the Agency showing the nature and extent of such adverse
fiscal detriment.
sECicN B. The District agrees to authorize the Agency to subordinate
its xn hereon ' and to allow the Agency to pledge all or any portion of
the Tax Increments otherwise payable to the District under this Agreement in
order to secure the repayment of Agency indebtedness incurred for the Project;
provided the Agency damonstorates, to the reasonable satisfaction Of the
District, its ability to maize payments due to the District under the terns of.
this Agreement. Nothing in this Agreement shall gave the District the right
to approve Agency indebtedness, except as the Agency may request the District
to subordinate its rights to payments under this Agreement.
SEMoN 9. 2'ni.s Agreement shall constitute an indebtedness of the Agency
in carrying out the Project and a pledging of flax Increments from the
Project to repay such indebtedness under the provisions of Article XVI,
Section 16, of the California. Constitution and Sections 33670-33677 of the
Health and Safety Coda.
SECTION 10. Section 2.b. of this Agreement is conditioned upon the
District xescinding its resolution to elect to receive the increases pursuant
to Health and Safety Code Section 33676(a). This Agreement shall be effective
as of the date that the Agency executes this Agreement or the District
rescinds its resolution to receive the increases pursuant to Health and Safety
Cade Section 33676(a), whichever occurs later.
Si7GWON 11. The Agency and the District agree not to file and the
District agrees not to engage in any litigation to directly or indirectly test
or challenge the validity of the Project, the Redevelopment Plan, the Final
E1R, the ordnance o ..s-Kgi ;however, this Section shall not preclude
the Agency from I - bating a bond validation suit if it is deemed necessary by
the Agency to assure adequate financing for the Project.
SEMCN 12. In the event litigation is initiated by any party attacking
the validity of the Redevelopment Plan, the Project, the Final EIR or the
ordinance, the effect of this Agreement shall be suspended and the Agency
shall not have any abligat ons under this Agreement until a judgment beccmes
finial upholding the validity of the Redevelopment Plan, the Project, the Final
EIR or the ordinance.
SBMON 13. This agreement shall terminate upon the earlier of the
expiration or termination of the Redevelopment Plan or of the provisions of
the RedevelcpTa t Plan authorizing the allocation to the Agency of tax
increments for the Project. Upon terminaticm of this Agreement, all
obligations of the Agency to make payments to the Djsts~t shall cease.
- S -
TN WZTMSS WFMF, the Agency and the District have executed this
Agramnant as of the date first above written.
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EXHIBIT A
Attachment
AGREEMENT AND RELEASE
Ukiah Unified School District ("UUSD"), a unified school district of,
the State of California, and the Redevelopment Agency of the City of Ukiah
("RDA"), a redevelopment agency of the State of California, enter this
settlement Agreement and General Release ("Agreement") in Ukiah, Mendocino
County, California.
RECITALS
1. In January 1990, UUSD and the RDA entered an agreement regarding
redevelopment pursuant to Health and Safety Code Section 33401 t"the
Redevelopment Agreement").
2. Pursuant to Section 2.b of the Redevelopment Agreement, the RDA
agreed to set aside in a "Capital Outlay Fund" for capital improvement
projects within UUSD and the redevelopment project area an amount equal to
the increases in the assessed value of the taxable property in the RDA's
redevelopment project area above the sum of the Base Year Roll which would
have been calculated and paid to UUSD annually, if the redevelopment project
area had not been established. These amounts shall be referred to herein as
"the set aside."
3. The RDA recently discovered that it had committed an error in
calculating the amount of money that should have been set aside in UUSD`s
Capital Outlay Fund pursuant to the Redevelopment Agreement. Less than the `
t
full amount required by the Redevelopment Agreement has been set aside since €
the Base Year in 1990. IfE
AGREEMENT
4. The parties agree that the RDA shall recalculate the amount of the
set aside for all tax years since 1990, and shall set aside in the Capital
Outlay Fund additional funds for those years equal, to the difference between
1
Agr.UUSD.112002
November 20, 2002
the amount already set aside and the amount that should have been set aside
using the correct calculations. (The corrected calculations for each year and
the total additional amount owing for those years is set forth in the
attached Exhibit A.) In addition, the RDA agrees to correctly calculate the
set aside amount for tax year 2000 and every future year to which the
Redevelopment Agreement applies.
5. The RDA agrees to disburse to UUSD in fiscal year 2004-05, $992,205
for capital improvement identified by UUSD for the Oak Manor modernization
project, in accordance with Section 3 of the Redevelopment Agreement.
Thereafter, UUSD may request annual payments from the RDA as indicated in
estimated calculation in Exhibit A, headed: URA Payment to UUSD, including,
beginning on Ouly 1, 2006, payments on deferred amount as indicated in
Exhibit A. The RDA shall disburse said payments in accordance with Section 3
of the Redevelopment Agreement.
6. The obligations set forth in this agreement shall fully resolve any
claim by UUSD against the RDA concerning the RDA's failure to properly
calculate the set aside. Each party absolutely discharges and releases the
other party, and its officers, agents and employees, from any and all claims,
demands, damages, debts, liabilities, obligations, costs, expenses, liens,
actions, attorney's fees and causes of action in any way connected with any
such claims, whether arising in law or in equity, known or unknown, suspected
or unsuspected, whether or not asserted prior to the effective date of this
Agreement.
7. Each party covenants that it will never commence or prosecute, or,
except as may be required or compelled by legal process, assist in any way in
the commencement ar prosecution of any claim, demand, or cause of action of
any nature whatsoever that is based upon any claim, demand, damage, debt,
2
Agr.'UUSD.112002
November 20, 2002
liability, obligation, cost, expense, lien, action, or cause of action hereby
released.
8. The parties hereto deem this Agreement to be signed and of
binding legal effect as of the date on which the last signatory hereto signs
the Agreement.
9. This Agreement shall not prevent the parties from agreeing to
permit the use of set aside funds for other purposes of the Redevelopment
Agency as discussed with the Hoard of Education.
REDEVELOPMENT AGENCY OF UKIAH
Phil Ashi , Chai person
Dated: 1409
ATTEST:
4"t4-0 ,
Redevelopment Agency retary
Dated: I/j~A3
AH XFIED SCHOOL TRICT
0/11 IA.
E y S esident
Date : 0
3
Agr.UUSD.212002
November 20, 2002
Recalculation of UWah USD Exhibit A
Capital Outlay Funding Plan
Interest Tale In projected at d,S%. The achaal interest paid will be determined by the RedevelopmentAgenoy's pooled Interest eem)ngs
tale, as deternlned from year to year. Interesi comings are distributed at fiscal year and based an the June 3D account balance
(excluding accrued revenue).
This eatculatlon assumes that UUSR will mrivest payment on an annual basis, The Interest ceclulatioas may vary significantly if annual
disbumemants are notmoda
6E:Rds Capital Analysis • May 20D2 Printed 1011/02 UUSD Exhibit A
• UUSDArwual Capital Daposil is prelwed at 3@.OMS% of the 1:5 property in an the seemed valuation groMh. Tilig share wlN
rhangewilhlheeclualshare as determined from year to year. inheasseesedvalue grawthisless than 2%theYearlysham will ire
determined by the aclual assessed value change,
Recalculation of Uldah USD Exhibit B
Projection of 40 years Capital Funding
UUSa
2% AN. growth
UUSD % of
uuSD Yearly
Cumula►ive
Interest
Interest
Year End
Project Year
paryear
I%ofGraw0i Grcwvih'
Shore
Share
Rate
Earnings
. Balance
1989 - 1990
256,206,997 Base Year Value
1990 - 1991
261,331,137 2.00014
81,241 34.11965745
17,483
17,483
17,483.00
1991 - 1992
256,657,760 2,00046
103,508 34.10853945
35,305
62,786 4.76% 832
63,621.00
1992 - 1993
271,888,916 1000%
158,8719 94.516035%
4604
108,292 4,76% 2,551
1043,'676.00
1993 - 1994
277,326,693 2.000%
211,197 34.446212%
72,747
179,039 4,7695 5,218
167,1540.00
1994 - 1995
282,873,227 2.000%
266,662 35.68378155
95,078
274,114
4.76% 6,926
291,64340
1995 - 1996
288,630,602 2.000%
323,237 56.46076695
117,855
391,959
4,76% 13,875
423,573.00
1996 - 1997
294,301,305 2.OOD%
39D,943 37.037276°h
141,091
533.ii6D
4.78% 20,142
564.fi06.00
1907 - 1998
300,187,332 2.000%
439,803 37.068465%
164,788
697,848
4.78% 27,613
777=.=
leas - 1999
306,191,078 UDO%
499,841 37.889030%
189,385,
887,233
, 4.76% 30,977
1,003,669.00
1999 > 2000
312,3141900 2.000Ys
561,078 38225093%
214,473
1,181,706
, 4.76%
47,747
1,265,789.00
2800 - 2001
3716,561,598 2.0Q0%
623,842 31499816%
240,063
1,341,769
4
%
' 50,960
9,662,5552 OO
2005 - 2002
324,832,422 2QQ09b
667,254 39499818°.5
264,592
1,606,361
f
4"k
?0326
1,897,73000
2002 - 2003
331,431,070 2000%
762,241 38499816%
289,611
1,895,972
4.50%
&5,398
2,272,739
2003- 2004
338,059,691 2000%
818527 36.49981615
315,131
2,211,103
4.60%
102,273
2,690,143
2004 - 2005
344,820,885 2.00045
856,139 38.4998161'°
341,162
2,652,265
4.61
421,057
3,152,362
2005 - 2006
351,717,309 2,000%
955,103 3BA99816%
367,713
2,958,978
4 W%
141,856
3,661,931
2016 - 2007
955,751,649 2.0DD°Js
1,025,447 38.498816°5
394,795
3,314,773
4,50%
164,787,
4,221,513
2007'- 2008 .
366,926,592 2D00°A
1,097,197 38A99516%
4221419
3,737.192
4.50%
589,966
4,B33,90Q
2006 - 2119
373,9.05,216 2.OOD%
1.178,352 38.499816%
450,595
4,167,787
4.60%
217,625
5,502,024
2009 - 2010
380,710,120 2D00%
1,245,031 38.49981655
479,335
4,667,122
450%
247,591
6,220,946
2010 - 2019
38$324,322 2000%
1,321,173 3HA99616%
SD&649
5,175,771
4.50%
280,303
7,017,898
2011 - 2012
396,090,809 2ODD%
1.398,838 2SAIiSSIBf6
535,550
5,714,321
4.5D%
3151805
7,872,263
2012 - 2013
404,01^x625 2.080%
1,478,056 36.49981655
569,049
6,283,370
4.50%
354,261
8,795.653
2013 - 2014
412,092;678 21100%
1,556,869 38.499816°,6
600,158
6,883,528
4.50%
395,800
9,791.611
2014 - 2015
420,334,735 2000%
1,641,277 38.499816°%
631,889
7,515,417
4.50%
440,618
10,864,Oitl
2D15 - °2056
428,741,430 2AO09Fi
1.725,344 36.499818%
684,254
8,179,671
4.5D%,
486,861
12,0717.163
2016 - 2017
437,316,25B 2000:5
1,811,093 38.489816°%
697,267
8,876,938
4.50%
640,772
13,255,192
2017 - 2050
446,062,564 2.000%
1,698,556 31499816%
73D.941
9,607,879
440%
698,484
14,582,617
2010 - 2819
454,983,835 2.400%
1,987,768 38,499816%
765,287
10,373,166
4.50%
656,216
16,004,122
2019 - 2D20
404,003,512 2.000%
2,078,765 36.499818%
800,32t
11,173,467
4,60%
720,185
17,524,628
2020 - 2021
473365,182 2,000%
2,171,982 3&499816%
636;1155
12,009,542
4.50%
788,806
19,149.291
2021 - 2022
482,832,486 2.DOD%
2,266.255 38.+199015%
872,604
12,882,046
4.50%
851,718
20,883.813
2022 - 2023 •
492 489,199 21000%
2,362,821 36.499816"%
900.682
13,791,728
4:60%
939,758
22,732,953
2023 - 2024
502356,910 2,0OD%
2,451,319 38.499816§&
947,603
14,739,331
4.60%
1,022,983
24,703,539
2024 - 2025
552,385,697 2.000%
2,661,767 38.499996%
906,283
•
15,725,614
440%
1,111,660
26,601,462
2025 - 2028
522,633.4711 2.000%
2,684,254 38.499alM
1,025,737
16,761,351
4.50%
1,208,067
29,033,286
2026 - 2027
533,086,073 2000%
2,768,791 38A99616%
1,666,978
17,817,330
4.60%
1,306,498
31,405,763
2027 - 2028
643,747,801 2.00045
2,875,408 38.49981695
11107,027
18,924,357
4.60%
1,413,259
33,926,049
•2028 - 2029
554,622.756 2.11
2,984,168 3BASOS164
1,148,895
20,073,252
4.50;5
1,526.672
3e,6D1;6i6
2029 - 2030
565,715,211 2.000%
3,095,082 38.499916%
1,191,601
21,264,853
4.50%
`1,647.073
39,440,290
UUSD Prajed share is proected at3BA99Bl6%. This share will ctmnge wl h the achmi share as determined from year to year. I1 the assessed
value growth Is less than 2% the Yeadyshare will be detenalned by the actual assessed vane change.
Interest rate Is projected at 4.5%. The aciuai Interest paid will be determined by the Redevelopment Agency's pooled interesteamings rate, as
detern fined tram year to year.
Rda Capital Analysis -May 2002 Printed 10/1102 UUSD Exhibit 8
January 20, 20 10
City of Ukiah Redevelopment Agency
c/o Sage Sangiacorno, City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
Dear Mr. Sangiacomo:
The Ukiah Unified School District desires to renovate or reconstruct their current District Administration
Office to a new expanded facility at its current property at 925 North State Street. We anticipate the new
building will be approximately 9,000 to 10,000 square feet. The project budget for the new facility is
approximately $3 million, including the cost of temporarily relocating the staff during construction.
It is the desire of the District to use Redevelopment funds to fund this project. Presently, we believe the
available balance of District awed Redevelopment funds is about $2.2 million. Furthermore, the District
would use forthcoming Redevelopment funds for the balance of construction costs.
The District believes that this project falls within the guidelines for the use of the Redevelopment funds
awed to the District, as the project will do the following:
The rehabilitation of the site is of benefit to the project area;
The construction of the facility will contribute to the elimination of blight;
There are no other reasonable means of financing the project available to the District;
The Project is consistent with the Agency's Five Year Implementation Plan, adopted on
August 15, 2007.
The District hereby requests that the Redevelopment Agency adopt these findings and release $1 million
dollars so we may proceed with the planning and design process for the new District Office. The balance
of funds will be requested as the project progresses.
We appreciate your cooperation and will be pleased to provide any additional information required.
Sinner
C Lois J. h, E .
Superintendent
LJN/deb
Focused on Success for All
Educational Services 707-463-5213 Fiscal Services 707-463-5201 Personnel 707463-5208 Personnel Commission 707-463-5205
Special Education Services 707-468-3315 -technology 707-463-5294 Transportation/Maintenance/Grounds 707-463-5233
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BUDGET - District Office at S. Dora Site
Ukiah Unified School District - District Office Project
Source of Funds; Redevelopment Funds schematic draft budget
Description
Schematic
Bad et
Ezpeneded
To Date
Remaining
Balance
Format
Surplus
(Shortfall
Demouticn
45,000
45,000
45,000
Construction (10,000 s.f.}
1,960,000
-
1,960,000
1,960,000
-
Tempoary relocation of Staff
35,000
35,000
35,000
-
Construction Contingency
196,000
196,000
196,000
-
City Electric
25,000
25,000
25,000
-
water Services
15,000
15,000
15,000
-
Telecommunications (Pao Bell)
15,000
15,000
15,000
-
Education Technology
100,000
100,000
100,000
-
Sower Services
12,000
12,000
12,000
-
Fixtures andFurniture
150,000
150,000
150,000
-
DSA Permit Fees
City Permit Fees
35,000
35,000
35,000
-
A I E Pees - Design
216,000
-
216,000
216,000
-
A / E Reimbursable - Design
10,000
-
10,000
10,000
-
Project Management (Pre-Construction)
PM / CM Services (Construction Phase)
-
-
Materials TestingandInspection
25,000
25,000
25,000
Haz. Mat. Abatement
20,000
20,000
20,000
-
Haz. Matinve5tig
12,000
12,000
12,000
-
Survey and Geetecl nical Report
25,000
25,000
25,000
-
Geoteehnical Construction Support
10,000
10,000
10,000
-
Feasibility study
-
"
-
Site Purchase
-
-
Legal fees
-
Planning & Environmental Review (non E.I.R)
S1000
5,000
5,000
-
Facility Site Assessments
-
-
°
Investigate Existing Conditions
-
county office ofEducatian
-
County Attamcy's Office
-
iVilsc.legal notices etc.
14,000
-14,000
14,000
Project Reservc
75,000
75,000
75,000 -
3,000;000 - 3,000,0U0 ),VVU,wu
1/20/2010