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01-03-2006 - City Pass-Through of Tax Increment• it r Ell FROM: Andrew G. Pasmant, City Manager and the City Council Tom Bachman, Finance Department Director SUBJECT: CITY PASS -THROUGH OF TAX INCREMENT RECOMMENDATION: City of West Covina Memorandum AGENDA Item No. ._ Date:- 1/3/06 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO ELECT TO RECEIVE THE CITY'S SHARE OF TAX INCREMENT REIMBURSEMENTS FROM PROJECTS ADOPTED OR AMENDED AFTER JANUARY 1, 1994, PURSUANT TO HEALTH AND SAFETY SECTION 33607.5(B). DISCUSSION: Assembly Bill 1290 (AB 1290), which became effective on January 1, 1994, amended the California Health and Safety Code to exclude individual negotiations of pass -through agreements with taxing entities. In place of negotiated pass -through agreements, automatic pass -through payments are made to affected taxing agencies (including cities) for redevelopment project areas adopted or amended on or after January 1, 1994. Health and Safety Code Section 33607.5 provides, in part, that the amount to be made available to taxing entities (including cities) shall be equal to 25 percent of 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 automatic pass-throughs are allocated among taxing entities in proportion to the share of property taxes each entity receives in the year the funds accrued. In August of 2003;. the State Legislature passed Senate Bill 1045, an amendment to the Code, which allows redevelopment agencies to amend their redevelopment plans by extending the time limits for redevelopment activities and for receipt of tax increment revenues. On December 2, 2003, the West Covina, City Council adopted Ordinance No. 2106, which amended all redevelopment project areas by extending the time limits. As an affected taxing entity, the City is eligible to receive a pass through payment from these amended project areas. To accomplish this, the City Council needs to adopt a resolution `electing to receive the reimbursement and submit it to the County by January 17, 2006. FISCAL IMPACT: If this resolution is adopted, it is estimated the City will receive approximately $38,000 in pass- thru revenues during the 2005-06 fiscal year. Prepared by: Tom Bachman Director of Finance Reviewed & Approved by: CDC Finance docs on track—it/agenda items/cdc/AB1290citypass-througy of tax increment 01-03-06 RESOLUTION NO. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO ELECT TO RECEIVE THE CITY'S SHARE OF TAX INCREMENT REIMBURSEMENTS FROM PROJECTS ADOPTED OR AMENDED AFTER JANUARY 1, 1994, PURSUANT TO HEALTH AND SAFETY SECTION 33607.5(B). Section 1. . WHEREAS: A: The City Council of the City of West Covina by Ordinance No. 2106 adopted December 2, 2003, amended the time limits for the Merged and Citywide project areas; B., The Amended Plan provides for the allocation ' of, taxes from " redevelopment project areas to the Redevelopment agency pursuant to Health and Safety Code section 33670, subject to the Agency's obligation to pass through 25% of*such taxes to certain affected taxing entities; and C. Under Health and Safety code section 3360715, the Agency is required to pay the City its portion of the amounts passed through to affected taxing entities if the City elects to receive such tax increments. Section 2. Based upon the foregoing, the City Council hereby elects, pursuant to Health and Safety code section 33607.5 to receive its share of the 25% tax increment pass - through commencing with fiscal year 2005-2006 and continuing for the remaining term of the project. Section 3. That the Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same take effect and be in force. APPROVED AND ADOPTED this third day of January 2006. Mayor Shelly Sanderson ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California at a regular meeting thereof held on the 3rd day of January 2006. AYES: NOES: ABSENT: ABSTAIN: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman