R 4271 RESOLUTION NO. 4271
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE RATIFYING AND CONFIRMING THE CITY'S ELECTION TO
RECEIVE, AND TO CONTINUE RECEIVING, ITS STATUTORY PASS -
THROUGH PAYMENT FROM THE ARROYO GRANDE
REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY
CODE SECTION 33607.5
WHEREAS, the Arroyo Grande Redevelopment Agency ( "Agency ") is a public body,
corporate and politic, organized and existing under the California Community
Redevelopment Law ( "CRL ") (Health & Safety Code §33000 et se g.); and
WHEREAS, pursuant to the CRL and other applicable law, the City Council of the City
of Arroyo Grande ( "City Council" or "City" as applicable) adopted Ordinance No. 487
C.S. on June 17, 1997, which approved and adopted the Redevelopment Plan for the
Arroyo Grande Redevelopment Project, as may have been amended from time to time,
including but not limited to, pursuant to Ordinance No. 551 to extend the time limit on
receipt of tax increment by one year in compliance with State law (collectively, the
"Redevelopment Plan "); and
WHEREAS, the adoption of the Redevelopment Plan resulted in the allocation of
property tax increment from the Arroyo Grande Redevelopment Project to the Agency
for purposes of redevelopment; and
WHEREAS, the CRL, at Health and Safety Code Section 33607.5 provides that the
community which has adopted the redevelopment project may elect to receive a portion
of the property tax increment received by the Agency after the amount required to be
deposited in the Agency's Low and Moderate Income Housing Fund has been
deducted; and
WHEREAS, the portion distributed to the community pursuant to Health and Safety
Code Section 33607.5 is commonly referred to as the "statutory pass- through payment;"
and
WHEREAS, the San Luis Obispo County Auditor - Controller administers the distribution
of property tax increment and statutory pass- through payments; and
WHEREAS, from and after the adoption of the Redevelopment Plan, the County
Auditor - Controller has been distributing the City's statutory pass- through payment to the
City; and
WHEREAS, although there is no requirement for the community to have adopted a
resolution to obtain and receive its statutory pass- through payment, the County Auditor -
Controller has requested that the City adopt a resolution to confirm and ratify the City's
election to receive, and to continue receiving, its statutory pass- through payment from
the Arroyo Grande Redevelopment Project; and
RESOLUTION NO. 4271
PAGE 2
WHEREAS, all actions required to be taken by the City Council precedent to adopting
this Resolution have been taken in accordance with applicable law.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Arroyo Grande
as follows:
1. The foregoing Recitals are true and correct and incorporated herein.
2. The City of Arroyo Grande hereby confirms and ratifies its election to receive,
and to continue receiving, the City's statutory pass- through payment, pursuant to
Health and Safety Code Section 33607.5.
3. The City Clerk shall send a certified copy of this Resolution to the County
Auditor - Controller.
On motion of Council Member Costello, seconded by Council Member Fellows, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: Council Member Arnold
the foregoing Resolution was passed and adopted this 27 day of April 2010.
RESOLUTION NO. '-(a, 1
PAGE 3
TONY FERRA AYOR
ATTEST:
KELLY WET h CLERK
APPROVED AS TO CONTENT:
S N AD , CITY MANAGER
APPROVED AS TO FORM:
TI THY J.Y ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4271 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 27 day of April 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2e day of
April 2010.
`-- X)„
KITTY N9TON, DEPUTY CITY CLERK