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HomeMy WebLinkAboutResolution - 07-06 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 07-06 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE REDEVELOPMENT AGENCY 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 et 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 Page 1 of 4 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 BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO: SECTION 1. The Board 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 (c) The payment of funds for the Levee Project will assist in the elimination of numerous blighting conditions inside the Project Area. Page 2of4 SECTION 2. The Board 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 Agency's Executive Director or Chairman (with concurrence of Agency Counsel) is hereby authorized to execute the Reimbursement Agreement on behalf of the Agency, together with such non-substantive changes and amendments as may be approved by the Agency's Executive Director and Agency Counsel. The Agency's Executive Director is authorized to take any action and execute any and all documents and agreements necessary to implement the Reimbursement Agreement. SECTION 4. Agency staff is hereby directed to file a Notice of Exemption within five (5) days of the adoption of this Resolution. SECTION 5. This Resolution shall take effect immediately upon its adoption by the Agency. 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 Redevelopment Agency of the City of San Jacinto q000; , � b Jim Ayre , Chairman Page 3 of 4 ATTEST: Dod �G rothy Choi ho nard, Board Secretary APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP Agetl'cy'Counsel Page 4 of 4