2008/01/22 City Council Resolution 2008-14RESOLUTION NO. 2008-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK, CALIFORNIA ELECTING TO RECEIVE A
PORTION OF THE TAX INCREMENTS PURSUANT TO HEALTH AND
SAFETY CODE SECTIONS 33607.7 AND 33607.5
WHEREAS, the City Council of the City of Rohnert Park (the "City Council ") adopted
Ordinance No. 479 on July 14, 1987, Ordinance No. 646 on January 26, 1999, Ordinance No.
758 on May 9, 2006, and Ordinance No. 770 on November 28, 2006, approving, adopting and
amending the Redevelopment Plan (the "Redevelopment Plan") for the Rohnert Park
Redevelopment Project (the "Redevelopment Project "); and
WHEREAS, the Community Development Commission of the City of Rohnert Park (the
"CDC ") is vested with the responsibility to carry out the Redevelopment Plan in the City of
Rohnert Park; and
WHEREAS, the Section 33333.6 of the California Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) provides, in part, that on or after January 1,
2002, a redevelopment plan adopted on or before December 31, 1993, may be amended to
eliminate the time limit on the establishment of loans, advances, and indebtedness that was
previously required by that section prior to January 1, 2002; and
WHEREAS, Section 33607.7 of the Health and Safety Code provides, in part, that if a
redevelopment plan adopted prior to January 1, 1994, is amended to increase or eliminate the
time limit on the establishing of loans, advances, and indebtedness established pursuant to
Section 33333.6, and an agreement was not entered into by the agency and the taxing entity prior
to January 1, 1994, that requires payments to the taxing entity, the agency shall pay to such
affected taxing entity the amounts required pursuant to subdivisions (b), (c), (d), and (e) of
Section 33607.5; and
WHEREAS, Section 33607.5(b) of the Health and Safety Code provides that in any
fiscal year in which a redevelopment agency receives tax increments, the community that has
adopted the redevelopment project area may elect to receive, and the agency shall pay to it, an
amount equal to the community's proportionate share of 25 percent of the tax increments
received by the agency after the amount required to be deposited in the Low and Moderate
Income Housing Fund has been deducted (the "City Election "); and
WHEREAS, the City Council desires to receive the City Election for each fiscal year of
the Redevelopment Project in which the Agency receives tax increments;
WHEREAS, the intent of this Resolution is to clarify City Council Resolution 2007 -04,
to affirm that the City Council elects to receive tax increments from the Project Area for all
future years that the CDC receives tax increments from the Redevelopment Project Area.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Council hereby elects to receive the City Election for each fiscal year
of the Redevelopment Project in which the Agency receives tax increments from the
Redevelopment Project Area
Section 2. The City Clerk is hereby directed and authorized to transmit a copy of this
resolution to the Executive Director of the CDC and to the tax collector of Sonoma County.
DULY AND REGULARLY ADOPTED this 22nd day of January, 2008.
CITY OF ROHNERT PARK
Mayor
ATTEST:
City
�i - �AiiFOaNtr•
BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: ABSENT MACKENZIE: AYE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
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