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HomeMy WebLinkAboutRedevelopment Agency - 391 RESOLUTION NO. 391 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR THE 2011-12 FISCAL YEAR AND MAKING CERTAIN FINDINGS AND DETERMINATIONS THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. 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 Huntington Beach ("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"). Section 2. Assembly Billxl 26 and Senate Billxl 15 ("AB 27/SB 15") were passed by the State Legislature on June 15,2011,but have not yet been enacted. Section 3. AB 27/SB 15, if enacted, would be codified as Part 1.9 of the California Health and Safety.Code ("Part 1.9"). Section 4. AB 27/SB 15, 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 Huntington Beach ("City") to comply with the provisions of Part 1.9, including payment of an annual remittance to the County Auditor-Controller ("Remittance Ordinance"). Section 5. AB 27/SB 15, 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"). Section 6. AB 27/SB 15, 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. Section 7. The Agency 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 - 1 - 68135 Agency Resolution No. 391 requirements to reduce its allocation of Tax Increment to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year by [$ 3.8 mi 11 i on] ("Allocation Reduction"). Section 8. All other legal prerequisites to the adoption of this Resolution have occurred. Section 9. The Agency has received and heard all oral and written objections pertaining to this matter, and all such oral and written objections are hereby overruled. Section 10. The Agency hereby finds and determines that the foregoing recitals are true and correct. Section 11. Based upon evidence in the record, 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. Section 12. The Agency finds and determines that it is necessary to implement the Allocation Reduction for the 2011-2012 Fiscal Year. Section 13. The Agency Executive Director, 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 Remittance Ordinance. Section 14. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Redevelopment Agency of the City of Huntington Beach at a regular meeting thereof held on the 1st day of August 201 1 0 C a an ATTEST: QA&1;J al/J44e) INITIATED AND APPROVED: Agency Clerk Deputy Executive Director REVI AN APP OVED: APPROVED AS TO FORM: City anager Agency Counsel -2- 68135 Res. No. 391 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF HUNTINGTON BEACH ) I, JOAN FLYNN, Clerk of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a regular meeting of said Redevelopment Agency held on August 01, 2011 and that it was so adopted by the following vote: AYES: Shaw, Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: None ABSTAIN: None C k of the Redevelopm t Agency of the City of Huntington Beach, CA