HomeMy WebLinkAboutResolution - 3115 STATE OF CALIFORNIA ) RESOLUTION NO. 3115
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO MAKING THE REQUIRED FINDINGS PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445 AND APPROVING A
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAN
JACINTO AND THE REDEVELOPMENT AGENCY OF THE CITY OF
SAN JACINTO WITH RESPECT TO ENGINEERING COSTS FOR THE
FINAL ENGINEERING DESIGN OF THE SAN JACINTO RIVER LEVEE
WHEREAS, the Redevelopment Agency ("Agency") of the City of San Jacinto
("City") is engaged in activities necessary to execute and implement the redevelopment
plan ("Redevelopment Plan") for the Agency's San Jacinto Redevelopment Plan and
Project Area ("Project Area") pursuant to the provisions of the California Community
Redevelopment Law (Health & Safety Code Section 33000 at seq.) ("CRL") and the
Redevelopment Plan; and
WHEREAS, the City of San Jacinto has entered into an agreement with Albert A.
Webb & Associates to commence the final engineering design of the San Jacinto River
Levee Project ("Levee Project') which is located adjacent to the Project Area; and
WHEREAS, the Levee Project will provide improved flood protection to the City
of San Jacinto in an area extending from the end of the existing United States Army
Corps of Engineers levee to a point approximately 6,000 feet downstream of Sanderson
Avenue; and
WHEREAS, concerns about the public health, safety and welfare of residents
and property in the Project Area have prompted the Agency to reimburse the City a
portion of the its financial cost in order to assist the City in the preparation of the final
design of the Levee Project; and
WHEREAS, the Levee Project is one of the specifically identified public
improvements authorized for the use of Agency funds in Section 344 of the
Redevelopment Plan.
WHEREAS, due to the high cost of the Levee Project and the other financial
obligations of the City, without the financial assistance provided by the Agency to the
City, the City there will be no other reasonable means of financing the project; and
WHEREAS, without the financial assistance from the Agency the City would not
be able to protect residents and businesses, primarily those living and operating in the
Project Area, from future flood dangers; and
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WHEREAS, historically, during the rainy season, as the river swells, it is the
Project Area that is most directly impacted by the flooding that occurs; and
WHEREAS, the design and construction of the levee will further the goal of the
Redevelopment Plan because it is the only way in which the Project Area can be
protected from the flood waters while also ensuring that the area does not stagnate, or
be improperly and/or underutilized as a result of the lack of planning to address the
issues with the river; and
WHEREAS, the repeated or threat of repeated flooding perpetuates and
increases the blighting influences in the Project Area creates conditions that constitute a
serious and growing situation that is injurious and inimical to the public health, safety
and welfare of the residents and businesses in the Project Area; and
WHEREAS, based on the above recitals, the payments to be made by the
Agency to the City to assist the City in fulfilling its financial obligations are consistent
with the Agency's goals and purposes, as established by the CRL and Redevelopment
Plan and the determinations required pursuant to Health and Safety Code section
33445; and
WHEREAS, the City and the Agency have negotiated the terms of that certain
"Reimbursement Agreement" of even date herewith ("Reimbursement Agreement") in
which the Agency agrees to reimburse City up to fifty percent of the costs incurred
pursuant to the Webb Agreement; and
WHEREAS, Agency staff has determined that the authorization of the
Reimbursement Agreement is exempt from the requirements of the California
Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section
15378(b), because such authorization constitutes the creation of a funding
mechanism/other governmental fiscal activity which does not involve any commitment to
any specific project which may result in a potentially significant physical impact on the
environment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
SAN JACINTO-
SECTION 1. The City Council, as the legislative body, does hereby determine
that:
(a) The Levee Project is of benefit to the Project Area even
though the improvement will be outside of the Project Area;
and
(b) There is no other reasonable means of financing the Levee
Project available to the community; and
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(c) The payment of funds for the Levee Project will assist in the
elimination of numerous blighting conditions inside the
Project Area.
SECTION 2. The City Council does hereby approve the Reimbursement
Agreement in substantially the form presented to the Agency, a
copy of which is on file with the City Clerk.
SECTION 3. The City Manager or Mayor (with concurrence of City Attorney) is
hereby authorized to execute the Reimbursement Agreement on
behalf of the City, together with such non-substantive changes
and amendments as may be approved by the City Manager and
City Attorney. The City Manager is authorized to take any action
and execute any and all documents and agreements necessary to
implement the Reimbursement Agreement.
SECTION 4. This Resolution shall take effect immediately upon its adoption by
the City.
APPROVED and ADOPTED, this 18th day of October, 2007, by the following
vote:
*— Ayes: Carlson, Mansperger, Ritchie, Stubblefield, Ayres
Nays: None
Absent: None
Abstain: None
City of San Jacinto
im Ayre Mayor
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ATTEST:
LAar �- l
D othy Cho inard, City Clerk
APPROVED AS TO FORM:
BEST, BEST & KRIEGER LLP
i ttorney
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