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HomeMy WebLinkAboutResolution - 3243 STATE OF CALIFORNIA ) RESOLUTION NO. 3243 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ELECTING TO RECEIVE ALLOCATIONS OF TAX INCREMENT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33607.5(b) WHEREAS, pursuant to the provisions of the California Community Development Law ("CRL") (Health and Safety Code Section 33000 et seq.), on June 28, 1983, the City Council of the City of San Jacinto ("City Council") enacted Ordinance No. 754, adopting a Redevelopment Plan for the San Jacinto Redevelopment Project ("Redevelopment Plan") for the redevelopment project area therein defined (the "Original Area"); and WHEREAS, the Redevelopment Plan was subsequently amended by the City Council on December 28, 1993 by Ordinance No. 992 ("Amendment No. 1") in order to, among other things, include certain territory in the Redevelopment Plan (the "Added Area"); and WHEREAS, on December 20, 1994, the City Council adopted Ordinance No. 1006 ("Amendment No. 2") in order to amend the Redevelopment Plan to conform with Health and Safety Code Section 33333.6 by establishing time limitations for the incurrence of debt under the Redevelopment Plan as to the Original Area and the Added Area; and WHEREAS, pursuant to Amendment No. 2, June 28, 2003 was established as the debt incurrence deadline for the Original Area, and December 28, 2013 was established as the debt incurrence deadline for the Added Area; and WHEREAS, on February 20, 1996, the City Council duly passed and adopted Ordinance No. 1021 ("Amendment No. 3"), which removed a certain portion of the Added Area from the Redevelopment Plan; and WHEREAS, pursuant to CRL Section 33333.6(e)(2)(B), the Redevelopment Plan was amended by City of San Jacinto ("City") Ordinance No. 05-07 to eliminate the Agency's deadline to establish loans, advances or other indebtedness to be paid with the proceeds of property taxes received by the Agency for the Original Area ("Debt Incurrence Deadline"); and WHEREAS, in accordance with CRL Section 33333.6(e)(2)(B), the Agency must make the payments to affected taxing entities as required by CRL Sections 33607.5 and 33607.7; and Page I of 3 WHEREAS, CRL Section 33607.5(b) provides that the City of San Jacinto (the "City"), as the community adopting the Original Area, may elect to receive the amount of tax increment from the Original Area authorized by Section 33607.5(b); and WHEREAS, the City desires to make the election allowed by CRL Section 33607.5(b); and WHEREAS, City staff has determined that the actions described by this Resolution are exempt from the requirements of the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15378(b), because such election constitutes the creation of a funding mechanism and/or 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 determined and ordered by the City Council of the City of San Jacinto: SECTION 1. In accordance with the authority granted by CRL Section 33607.5(b), the City Council of the City hereby elects to receive that amount of tax increment from the Project Area authorized by Section 33607.5(b), commencing with the first fiscal year to which payments are due under Section 33607.7, and automatically continuing for every fiscal year thereafter in which the Agency receives tax increment from the Improvement Area until rescinded, if at all, by subsequent resolution of the City Council. SECTION 2. The City Council hereby authorizes and directs the City Manager to undertake such actions and execute such documents as may be reasonably necessary or convenient to the carrying out and administration of the actions authorized by this Resolution. SECTION 3. The City's right to receive tax increment from the Project Area under this resolution is subordinate to any contracts, obligations and bonded indebtedness secured by such tax increment. SECTION 4. The City Clerk is hereby authorized to file a Notice of Exemption pursuant to CEQA Guidelines Section 15062 with the County of Riverside Clerk's Office within five (5) calendar days of the adoption of this Resolution. SECTION 4. This Resolution shall take effect and be in force as of the day of its adoption. Page 2 of 3 PASSED, APPROVED and ADOPTED, this 19th day of February, 2009 by the following vote: Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None City of San Jacinto rn by Dale Stubblefielo, M yor ATTEST: orothy Cho nard, City Clerk Page 3 of 3