10-131 Resolution 10-131
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE SUPPORTING AN
AMENDMENT TO SECTION 33214 OF THE CALIFORNIA HEALTH AND SAFETY CODE
TO ALLOW FOR THE COMPLETION OF OTHERWISE ELIGIBLE AFFORDABLE
HOUSING
WHEREAS, the Redevelopment Agency for the County of Riverside (Agency) is a
redevelopment agency duly created, established and authorized to transact business
and exercise its powers, all under and pursuant to the provisions of the California
Community Redevelopment Law which is Part 1 of Division 24 of the California Health
and Safety Code (commencing with Section 33000 et seq); and
WHEREAS, pursuant to Section 33334.2 of the Health and Safety Code, the Agency is
required to use not less than twenty percent (20%) of the tax increment to increase,
improve and preserve the community's supply of low and moderate income housing
("Housing Set Aside Funds"); and
WHEREAS, pursuant to Section 33334.2(g) of the California Health and Safety Code,
the Agency is authorized to use the above described Housing Set Aside Funds to
increase, improve and preserve the community's supply of low and moderate income
housing in areas that are outside the boundaries of established redevelopment project
areas but within the territorial jurisdiction of the Agency upon a finding that such a use of
these funds will benefit the established project areas; and
WHEREAS, the Agency and the County of Riverside have found and determined
affordable housing outside of the various project areas does benefit the project areas;
and
WHEREAS, Section 33120 of the California Health and Safety Code currently defines
the territorial jurisdiction of the agency of a county to be the unincorporated territory in
the county; and
WHEREAS, Section 33214 of the California Health and Safety Code allows the
unincorporated territory that was included in a project area to survive and remain as
territorial jurisdiction of the agency even if that territory is subsequently annexed to a
city or included within the boundaries of a new city; and
WHEREAS, the Agency acquired, or facilitated the acquisition of, and initiated the
process of developing affordable housing on real property located outside a
redevelopment project area but within the unincorporated area, which were eligible for
the expenditure of the above described Housing Set Aside Funds at the time of property
acquisition and expenditure of these funds; and
WHEREAS, subsequent to the compliant acquisition of real property and expenditure of
the above described Housing Set Aside Funds, the area surrounding and including the
Resolution 10-131
Supporting Amendment to Health and Safety Code regarding Housing Set Aside Funds
subject real property was included in the incorporation of a new city or is to be included
in the annexation of an existing city; and
WHEREAS, the affected cities include the newly incorporated Cities of Menifee and
Wildomar and the existing City of Indio; and
WHEREAS, all the cities and the County support the subject affordable housing
development projects; and
WHEREAS, the incorporation and annexation efforts result in the unintended
consequence of an unfinished development project for lack of authority by the Agency
to continue expending the above described Housing Set Aside Funds and complete the
initiated project as a direct result of the intervening incorporation or annexation; and
WHEREAS, an abandoned development project further contributes to the blight of a
neighborhood in direct contradiction to the spirit and purpose of redevelopment; and
WHEREAS, the County, Agency and each of the respective cities desire each of the
proposed affordable housing development projects to reach fruition. .
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as
follows:
Section 1. The City Council of the City of Menifee hereby finds and determines that
the foregoing recitals are true, correct and incorporated herein.
Section 2. The City Council of the City of Menifee hereby supports proposed
legislation amending Section 33214 of the California Health and Safety Code which
intends to, in relevant part, defines that
"the territorial jurisdiction of the Redevelopment Agency for the County of
Riverside shall include unincorporated territory located outside a project
area . . . even if that territory is subsequently annexed to a city or included
within the boundaries of a new city . . . if prior to the effective date of
annexation or incorporation of such territory . . . the Agency either (a)
entered into a binding agreement with a third party with respect to such
territory in furtherance of one or more of the affordable housing purposes
set forth in Section 33334.2, or (b) acquired land or otherwise expended
moneys with respect to such territory from the Agency's Low and Moderate
Income Housing Fund established pursuant to Section 33334.3."
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Resolution 10-131
Supporting Amendment to Health and Safety Code regarding Housing Set Aside Funds
PASSED, APPROVED and ADOPTED this 16th day of February, 2010, by the following vote:
AYES: Denver, Kuenzi, Mann, Twyman
NOES: None
ABSENT: Edgerton
ABSTAIN: None
Fred wyman, Vice 40ky6r
ATTEST:
'6&
Kathy Bennett, City Clerk
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