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HomeMy WebLinkAboutRES CC 2011 3055 2011 0907RESOLUTION NO. 2011 -3055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR THE 2011 -12 FISCAL YEAR AND MAKING CERTAIN FINDINGS AND DETERMINATIONS WHEREAS, Sections 33334.2 and 33334.3 of California's Community Redevelopment Law [Health & Safety Code § §33000, et seq.] ( "CRL ") require the Redevelopment Agency of the City of Moorpark (Agency) to use 20 percent of taxes allocated to the Agency pursuant to Section 33670 of the CRL ( "Tax Increment ") for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing and to hold such funds in a separate Low and Moderate Income Housing Fund until used ( "Low and Moderate Income Housing Fund "); and WHEREAS, Assembly Bill x1 27 ( "AB 27 ") was passed by the State Legislature on June 15, 2011; and WHEREAS, AB 27, if enacted, would be codified as Part 1.9 of the California Health and Safety Code (" Part 1.9 "), and WHEREAS, AB 27, if enacted, would, upon the enactment of specified legislation concerning redevelopment, establish a voluntary alternative redevelopment program whereby the Agency would be authorized to continue to exist upon the enactment of an ordinance by the City of Moorpark ( "City ") to comply with the provisions of Part 1.9, including payment of an annual remittance to the County Auditor - Controller ( "Remittance Ordinance "); and WHEREAS, AB 27, if enacted, would authorize the Agency to enter into an agreement with the City whereby the Agency would transfer a portion of its Tax Increment to the City in an amount not to exceed the amount of the City's annual remittance to the County Auditor - Controller ( "Remittance Agreement "); and WHEREAS, AB 27, if enacted, would authorize the Agency to reduce its allocation of Tax Increment to the Low and Moderate Income Housing Fund for the 2011 -2012 Fiscal Year if the City complies with the provisions of Part 1.9 and the Agency finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement; and WHEREAS, The Council has reviewed and duly considered the Staff Report, documents and other written evidence presented at the meeting and believes that it will be in the best interests of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements to reduce its allocation of Tax Increment to the Low and Resolution No. 2011 -3055 Page 2 Moderate Income Housing Fund for the 2011 -2012 Fiscal Year by $350,000 ( "Allocation Reduction "); and WHEREAS, All other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, The Council has received and heard all oral and written objections pertaining to this matter, and all such oral and written objections are hereby overruled. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Council hereby finds and determines that the foregoing recitals are true and correct. SECTION 2. Based upon evidence in the record, the Council finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement. SECTION 3. The Council finds and determines that it is necessary to implement the Allocation Reduction for the 2011 -2012 Fiscal Year. SECTION 4. The City Manager, or designee, is hereby authorized to take such actions as are necessary and appropriate to carry out and implement the Allocation Reduction for the 2011 -2012 Fiscal Year upon the City's enactment of the VARP Ordinance. SECTION 5. This Resolution shall take effect immediately upon its adoption. SECTION 6. 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 4Jan7 ' tdParvin, Mayor Resolution No. 2011 -3055 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 -3055 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)