HomeMy WebLinkAboutCC RESO 2011-177RESOLUTION NO. 2011 — 177
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A REMITTANCE AGREEMENT
BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY PURSUANT
TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 3414.2,
WHICH REMITTANCE IS CURRENTLY ESTIMATED
AT $4.8 MILLION FOR FISCAL YEAR 2011-2012
WHEREAS, Assembly Bill No. X1 27 ("ABx1 27") was passed by the State
legislature on June 15, 2011, and signed by Governor Brown on June 28, 2011; and
WHEREAS, upon enactment, ABx1 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, ABx1 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 remittance described in Health and Safety Code Section 34194 to the County Auditor -
Controller; and
WHEREAS, the City Council is adopting an ordinance to comply with Part 1.9
(the "Ordinance") committing to comply with and make the remittances required by Part 1.9, and
authorizing the continuation of the Community Development Commission of the City of National
City ("CDC") after the enactment of ABx1 27; and
WHEREAS, pursuant to Section 34194.1, in making remittances to the County
Auditor -Controller pursuant to 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 a remittance
agreement with the CDC, whereby the CDC 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 the Remittance Agreement is to provide for the
transfer of funds by the CDC 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
WHEREAS, the term "Net Available Tax Increment" is defined as any tax
increment funds allocated to the CDC, net of existing debt service payments and existing third -
party contractual obligations, not including any funds on deposit in the CDC's Low and
Moderate Income Housing Fund; and
WHEREAS, the obligations of the CDC under this Remittance Agreement shall
constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment plan
for each of the CDC's redevelopment project areas.
Resolution No. 2011 — 177
Page Two
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute a Remittance Agreement between
the City of National City and the Community Development Commission of the City of National
City pursuant to California Health and Safety Code section 34194.2.
PASSED and ADOPTED this 2nd day of August, 2011.
n Morrison, Mayor
ATTEST:
Mich el R. Dalla, y Clerk
A ROVED A TO FORM:
CI
City Attorne
Passed and adopted by the Council of the City of National City, California, on August 2,
2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/1A
City Cl rk of the City of tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-177 of the City of National City, California, passed and
adopted by the Council of said City on August 2, 2011.
City Clerk of the City of National City, California
By:
Deputy