HomeMy WebLinkAboutRES CC 2011 3053 2011 0907RESOLUTION NO. 2011 -3053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DECLARING ITS INTENT TO
ADOPT AN ORDINANCE TO CONTINUE THE
REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK'S EXISTENCE AND COMPLY WITH PART
1.9 OF DIVISION 24 OF THE HEALTH AND SAFETY
CODE
WHEREAS, pursuant to Section 33101 of the Community Redevelopment Law of
the State of California (Health and Safety Code Section 33000 et seq.) the City Council
of the City of Moorpark ( "City ") designated the Redevelopment Agency of the City of
Moorpark ( "Agency ") as the official redevelopment agency in the City of Moorpark to
carry out the functions and requirements of the Community Redevelopment Law of the
State of California (Health and Safety Code Section 33000 et seq); and
WHEREAS, the voters of the City of Moorpark approved and adopted via
Ordinance No. 110 a Redevelopment Plan ( "Redevelopment Plan ") for the Moorpark
Redevelopment Project Area ( "Project "), which Redevelopment Plan was amended by
the voters via Ordinance No. 111 and amended by the City Council via Ordinance No.
369; and
WHEREAS, the Agency is currently in the process of carrying out the goals and
objectives of the Redevelopment Plan; and
WHEREAS, Part 1.8 (commencing with Section 34161) and Part 1.85
(commencing with Section 34170) were added to the Health and Safety Code by ABx1
26, effective June 28, 2011, which requires the dissolution of redevelopment agencies
by October 1, 2011 ( "ABx1 26 "); and
WHEREAS, Part 1.9 (commencing with Section 34192) was added to the Health
and Safety Code by ABx1 27, also effective on June 28, 2011, which authorizes
redevelopment agencies to continue to exist, notwithstanding ABx1 26, provided a city
adopts an ordinance on or before November 1, 2011, agreeing to comply with the
provisions of ABx1 27, including the payment of certain tax increment revenue received
by an agency pursuant to Section 33670 of the Health and Safety Code and Section 16
of Article XVI of the California Constitution to the county auditor - controller for allocation
into a Special District Allocation Fund and a county Educational Revenue Augmentation
Fund for non - redevelopment purposes; and
WHEREAS, ABx1 27 also allows a redevelopment agency to exist after October
1, 2011, if prior to October 1, 2011, a city adopts a nonbinding resolution of its intent to
adopt an ordinance agreeing to comply with ABx1 27 on or before November 1, 2011
"(Resolution of Intent "), and notifies the State Department of Finance, the State
Controller and the county auditor of the city's adoption of the Resolution of Intent; and
Resolution No. 2011 -3053
Page 2
WHEREAS, an action challenging the constitutionality of ABx1 26 and
ABx1 27 was filed by the League of California Cities and the California
Redevelopment Association on behalf of cities, counties and redevelopment
agencies; and
WHEREAS, in connection with that action, on August 11, 2011, the Supreme
Court of California issued an order staying the effectiveness of ABx1 27; and
WHEREAS, the order issued by the Supreme Court did not address the
means by which a City would opt to participate in Part 1.9 if the order were to be
dissolved at some point after the cut -off dates set forth in ABx1 27; and
WHEREAS, the City desires to clarify its intention to take part in the
alternative redevelopment program authorized by Part 1.9 if the Supreme Court
finds that ABx1 27 is a valid exercise of the State's legislative authority and upholds
that legislation as against the legal action currently pending.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby declares its intent to adopt an ordinance
on or before November 1, 2011, agreeing to comply with ABx1 27.
SECTION 2. The City Clerk is hereby directed to notify the State Department of
Finance, the State Controller and the Ventura County Auditor - Controller of adoption of
this resolution.
SECTION 3. This resolution sets forth the current intent of the City Council
regarding compliance with ABx1 27, but does not constitute a binding commitment by
the City Council to proceed with such intent.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of September, 2011.
ATTEST:
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Maureen Benson, City Clerk
Ja c Mayor
Resolution No. 2011 -3053
Page 3
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2011 -3053 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 7th
day of September, 2011, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
2011.
WITNESS my hand and the official seal of said City this 14th day of September,
Maureen Benson, City Clerk
(seal)