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SR-414-003 (10) '1/ J/.-/J(tJ3 ~~i9,~ CA:RMM:lmd208/hpw City council Meeting 8-19-86 Santa Monica, California STAFF REPORT TO: Redevelopment Agency FROM: City staff SUBJECT: Resolutions by the Santa Monica Redevelopment Agency to Adopt statments of Existing Obligations and Programs Pertaining to the Ocean Park Redevelopment Projects No. lea) and No. l(b) and the Downtown Redevelopment Project Introduction This staff Report transmits resolutions of the Santa Monica Redevelopment Agency ("Agency") which would authorize adoption of the attached statements pertaining to the Agency's existing obligations and programs for the Ocean Park Projects No. lea) and No. l(b) and Downtown Redevelopment Project. It is Staff's recommendation that the Agency adopt the attached resolutions. 13ackqround At the July 29, 1986 joint meeting of the City Council and The Redevelopment Agency, the Agency adopted Resolution Number 407 (RAS), authorizing the submission of proposed statements of Existing Obligations and Programs pertaining to Redevelopment projects, to the city council and the state Department of Housing and Community Development ("HCD") for review. Such procedural resolution also authorized a public hearing, the date, time and place to be set by the Agency's Executive Director. On August 1, RA - 1 - 1 - AU6j 9,1'85 1986 the statements were transmitted to the City council and HCD as required pursuant to the redevelopment law (Health and Safety Code section 33334.6), along with notice that the pUblic hearing was scheduled for August 19, 1986 at 7:30 p.m. in the City Council Chambers. Required Notices of such PUblic hearing were published in the Evening Outlook on August 4, and August 12, 1986. As indicated at the July 29 meeting, the state Legislature recently enacted Assembly Bill 265 (effective January 1, 1986) which requires redevelopment agencies to set aside twenty percent (20%) of tax increment proceeds from any redevelopment proj ect adopted prior to 1977 for placement into a Low and Moderate Income Housing Fund (tlFundll). However, this new legislation, codified in Section 33334.6 of the California COmlnunity Redevelopment law (Health and Safety Code section 33000 et seq.) also allows a redevelopment agency the flexibility to deposit less than the required 20% into the Fund in a particular year if certain action is taken on or before September 1, 1986. After submission of the statements to the city council and HCD, and required publication of notice of the pUblic hearing, the second required action is the approval of resolutions adopting the statements of Existing obligations and Programs. This one time option to adopt of the statements for the Ocean Park and Downtown Redevelopment Proj ects , would give the Agency the right, but not the obligation, to set aside less than the required 20% of tax increment. However, if the statements are not adopted prior to the September 1, 1986 deadline, the Agency would not retain such flexibility, and it will be required - 2 - to set aside 20% of the tax increment it receives from each of the respective Redevelopment Project areas, irrespective of its existing debt or planned projects. Discussion If the Statements of Existing Obligations are adopted pursuant to a duly authorized public hearing, the Agency would be permitted in any fiscal year to deposit less than the 20% of tax increment from each Redevelopment Project into the Low and Moderate Income Housing Fund, provided the Agency finds that the difference between the amount actually deposited and the normal 20% requirement is necessary in order to make payments under existing obligations of amounts due or if such funds are required to be committed, set aside, or reserved by the Agency during that fiscal year and are used by the Agency for those purposes. "Existing obligations" include principal of, and interest on, loans, monies advanced to, or indebtedness (whether funded, refunded, assumed, or otherwise) incurred by the Agency to finance or refinance in whole or part any redevelopment project existing on and created prior to January 1, 1986, and contained on the relevant statement of Existing Obligations. The adoption of the statement of Existing Programs for the Downtown Redevelopment proj ect would allow the Agency, in each fiscal year until July 1, 1996, to deposit less the 20% tax increment from the Downtown Redevelopment project if the amount required for projects listed on such statement are necessary in order to provide for the orderly and timely completion of the Downtown Redevelopment Plan. The projects must be activities - 3 - approved by the Agency prior to January 1, 1986, which are contained on such statement of Existing programs adopted by resolution after a duly noticed public hearing. The Agency's decision to adopt these statements is a one time selection which gives the Agency the right and flexibiilty to set aside less than the required 20% tax increment into the Low and Moderate Income Housing Fund. It is emphasized that adoption of such statements does not obligate the Agency to deposit less than the 20% tax increment into the Low and Moderate Income Housing Fund. In fact, the Agency may deposit, to the extent funds are available, amounts in excess of the 20% tax increment if it so desires. However, it is also stressed that existing obligations and programs of the Agency should be given prompt attention and funding to adequately satisfy such obligations and programs for the benefit of the entire community, particularly the Ocean Park and Downtown Redevelopment Proj ect Areas. Budqet/Financial Imoact There is no budget or financial impact resulting from Agency approval of this recommended procedural action. - 4 - EE COMMENDAT ION It is respectfully recommended that the Redevelopment Agency take the following actions: 1. Adopt the attached resolutions approving adoption of the statements of Existing Obligations and Programs pertaining to the Ocean Park and Downtown Redevelopment Projects. PREPARED BY: Robert M. Myers, City Attorney Linda A. Moxon, Deputy City Attorney Mike Dennis, Director of Finance Ernesto Flores, Economic Development Manager - 5 -