HomeMy WebLinkAboutResolution - 11-15 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 11- 15
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING AND
ADOPTING A REVISED PRELIMINARY DRAFT OF
THE INITIAL RECOGNIZED OBLIGATION
PAYMENT SCHEDULE PURSUANT TO AB 1X 26
WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety
Code Sections 33000 et seq.), the City Council of the City of San Jacinto ("City")
created the San Jacinto Redevelopment Agency ("Agency') to serve as the
redevelopment agency within the City; and
WHEREAS, the Agency has been responsible for implementing the
Redevelopment Plans for the San Jacinto and Soboba Springs Redevelopment Projects
covering certain properties within the City; and
WHEREAS, as part of the 2011-2012 State budget bill, the California State
Legislature recently enacted, and the Governor signed, companion bills AB 1X 26 and
AB 1X 27, which eliminate every redevelopment agency unless the community that
created it adopts an ordinance agreeing to participate in an Alternative Voluntary
Redevelopment Program which requires the payment of an annual "community
remittance" payment; and
WHEREAS, on July 18, 2011, the League of California Cities and the California
Redevelopment Association filed suit in the Supreme Court of the State of California
challenging the constitutionality of and requesting a stay of enforcement of AB 1X 26
and AB 1 X 27; and
WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case
and issued an order for the immediate stay of the enforcement of AB 1X 26 in part and
AB 1X 27 in its entirety; and
WHEREAS, on August 17, 2011, the Court modified its stay to clarify that Health
and Safety Code Sections 34161 through 34169.5, enacted by AB 1X 26, are not
subject to the stay; and
WHEREAS, Health and Safety Code Section 34169(h), enacted by AB 1X 26,
requires redevelopment agencies to prepare, by September 30, 2011, a preliminary
draft of the initial Recognized Obligation Payment Schedule ('BOPS"); and
WHEREAS, on September 20, 2011, the Agency adopted Resolution No. RDA
11-12 which approved and adopted the preliminary draft of the ROPS; and
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2443 8.30000\69873 67.1
WHEREAS, the Agency desires to revise the preliminary draft of the ROPS to
include an additional enforceable obligation of the Agency in the form of a loan
agreement, with a total outstanding amount of up to $56,855, made under the Agency's
Housing Rehabilitation Program, to Ms. Julien Kim, a homeowner in the City of San
Jacinto and an eligible participant in the Housing Rehabilitation Program ("Rehabilitation
Loan"); and
WHEREAS, the terms of the Rehabilitation Loan are set forth in a legally binding
and enforceable Housing Rehabilitation Program Agreement between the Agency and
Ms. Kim, dated October 6, 2009, as well as other related documents including a deed of
trust securing the loan; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the Governing
Board of the San Jacinto Redevelopment Agency ("Governing Board") as follows:
Section 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
Section 2. Approval and Adoption of Revised ROPS. The Governing Board
hereby approves and adopts the revised preliminary draft of the initial ROPS which
includes the Rehabilitation Loan as an enforceable obligation, in substantially the form
attached hereto as Exhibit A, as required by Health and Safety Code Section 34169(h).
Section 3. Future Action. The Governing Board hereby authorizes the Agency
Executive Director, or his or her designee, to provide the revised preliminary draft of the
initial ROPS to the Agency's successor agency, if the Supreme Court's stay is lifted or
modified in a manner that permits a successor agency to be established for the Agency
pursuant to Part 1.85 to Division 24 of the Health and Safety Code, enacted by AB 1X
26.
Section 4. Certification. The Agency Secretary shall certify to the adoption of
this Resolution.
Section 5. Effective Date. This Resolution shall become effective upon its
adoption.
24438.30000\6987367.1
PASSED, APPROVED AND ADOPTED this 18th day of October, 2011, by the
following vote:
Ayes: Bartel, Di Memmo, Kotyuk, Ledezma, Miller
Nays: None
Absent: None
Abstain: None
S nj(cino,FjTvelopment Agency
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S ott Miller, Chair
ATTEST:
- ,/,-?,"L W,
Richard Miller, Agency Secretary
APPROVED AS TO FORM:
Best Best & Krieger, LLP
4effYCIKJS. Ballin r, Agency Counsel
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2443 8.300 00'6987367.1
CERTIFICATION
I, Richard Miller, Secretary of the City of San Jacinto Redevelopment Agency, do
hereby certify that the foregoing Resolution RDA 11-15 was regularly introduced and
adopted by the Governing Board of the City of San Jacinto Redevelopment Agency, at a
regular meeting thereof held on the 18th day of October, 2011.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the City of San Jacinto, California this 18th day of October, 2011.
Richard Miller, Agency Secretary
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2443 8.3 0000%6 9873 67.1
EXHIBIT A
REVISED PRELIMINARY DRAFT OF THE INITIAL RECOGNIZED OBLIGATION
PAYMENT SCHEDULE
24438.30000\6987367.1
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