HomeMy WebLinkAboutRES CC 2011 3054 2011 0907RESOLUTION NO. 2011 -3054
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA AUTHORIZING THE CITY
MANAGER TO EXECUTE A REMITTANCE AGREEMENT
WITH THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34194.2
WHEREAS, Assembly Bill X1 27 ( "AB 27 ") was passed by the State Legislature
on June 15, 2011 and signed by the Governor on June 29, 2011; and
WHEREAS, upon enactment, AB 27 is to be codified as Part 1.9 of the California
Health and Safety Code, commencing with Section 34192 ( "Part 1.9 "); and
WHEREAS, AB 27 establishes a voluntary alternative redevelopment program
whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the
enactment of an ordinance by the City to comply with the provisions of Part 1.9 and
make certain remittances described in Health and Safety Code Section 34194 to the
county auditor - controller; and
WHEREAS, the City Council of the City of Moorpark (the "City Council ") has
introduced an ordinance for adoption that will comply with Part 1.9 (the "Ordinance ");
and
WHEREAS, pursuant to the Ordinance, the City Council will commit to comply
with and make the remittances required by Part 1.9 and authorize the continuation of
the Agency after enactment of AB 27; and
WHEREAS, pursuant to Section 34194.1, in making remittances to the county
auditor - controller pursuant 10 Section 34194 or 34194.5, the City may use any available
funds not otherwise obligated for other uses; and
WHEREAS, pursuant to Section 34194.2, the City may enter into an agreement
( "Agreement') with the Agency, whereby the Agency will transfer a portion of its tax
increment to the City, in an amount not to exceed the annual remittance required that
year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the
redevelopment area that are related to accomplishing the redevelopment agency project
goals; and
WHEREAS, the purpose of an Agreement is to provide for the transfer of funds
by the Agency to the City in an amount sufficient for the City to make the remittances
required by Part 1.9., with net available tax increment in this current fiscal year and
forthcoming fiscal years; and
Resolution No. 2011 -3054
Page 2
WHEREAS, the term "Net Available Tax Increment" is defined as any tax
increment funds allocated to the Agency, net of existing debt service payments and
existing third -party contractual obligations, not including any funds on deposit in the
Agency's Low and Moderate Income Housing Fund , and also not including any portion
of tax increment funds to be allocated to the Low and Moderate Income Housing Fund
pursuant to Health and Safety Code Section 33334.2, 33334.4 and 33334.6 for the
2011 -12 fiscal year only, to the extent the Agency makes a finding that there are
insufficient other moneys to meet its debt and other obligations, current priority program
needs or its obligation to transfer funds to the City under Section 341 94.2 as provided
in the Agreement; and
WHEREAS, the obligations of the Agency under the Agreement shall constitute
an indebtedness of the Agency for the purpose of carrying out the redevelopment plan
for each of the Agency's redevelopment project areas.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute,
upon the effective date of an ordinance that complies with Part 1.9 of the California
Health and Safety Code, a Remittance Agreement with the Redevelopment Agency of
the City of Moorpark in the form presented at the meetings of the City Council and
Redevelopment Agency of the City of Moorpark on September 7, 2011.
SECTION 2. 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:
Maureen Benson, City Clerk
Ja 'ce S. Parvin, Mayor
Resolution No. 2011 -3054
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 -3054 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)