HomeMy WebLinkAboutResolution - OB 12-05 STATE OF CALIFORNIA ) RESOLUTION NO. OB 12-05
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE DISSOLVED SAN
JACINTO REDEVELOPMENT AGENCY, DIRECTING
THE TRANSFER OF THE FOLLOWING TO THE SAN
JACINTO HOUSING AUTHORITY: (1) HOUSING
ASSETS AND FUNCTIONS PURSUANT TO HEALTH
AND SAFETY CODE SECTIONS 34177 AND 34181; (2)
ENCUMBERED LOW AND MODERATE INCOME
HOUSING FUNDS DESIGNATED FOR HOUSING
PROJECTS PURSUANT TO HEALTH AND SAFETY
CODE SECTION 34181
WHEREAS, pursuant to Health and Safety Code section 34173(d), the
City of San Jacinto ("RDA Successor Agency") is the successor agency to the dissolved
Redevelopment Agency of the City of San Jacinto ("Agency"), confirmed by Resolution
No. 3408 adopted on January 9, 2012; and
WHEREAS, Health and Safety Code section 34179(a) provides that each
successor agency shall have an oversight board composed of seven members; and
WHEREAS, the Oversight Board is the RDA Successor Agency's
oversight board pursuant to Health and Safety Code section 34179(a); and
WHEREAS, pursuant to Health and Safety Code section 34176, the City
of San Jacinto, as the entity that authorized the creation of the Agency, elected not to
retain the housing assets and functions previously performed by the Agency, and
instead elected to transfer all rights, powers, assets, liabilities, duties and obligations
associated with the housing activities of the Agency, excluding any amounts on deposit
in the Low and Moderate Income Housing Fund, to the San Jacinto Housing Authority
("Authority"), as provided in Resolution No. 3410 adopted on January 27, 2012; and
WHEREAS, pursuant to Health and Safety Code section 34177(g), the
RDA Successor Agency is required to effectuate the transfer of housing functions and
assets to the appropriate entity designated pursuant to Health and Safety Code section
34176; and
WHEREAS, a list of all Agency housing assets to be transferred by the
RDA Successor Agency to the Authority is attached to this Resolution as Exhibit A; and
WHEREAS, pursuant to Health and Safety Code section 34177(d), the
RDA Successor Agency is required to remit only the unencumbered balances of Agency
24438.31000\7354656.1
funds to the county-auditor controller, including the unencumbered balance of the Low
and Moderate Income Housing Fund ("Housing Fund"); and
WHEREAS, pursuant to Health and Safety Code section 34177(I), the
RDA Successor Agency has submitted, for Oversight Board approval, a Recognized
Obligation Payment Schedule ('BOPS') setting forth the debts and obligations of the
dissolved Agency which need to be paid, including debts and obligations related to
housing projects to be paid from the Housing Fund; and
WHEREAS, the RDA Successor Agency desires to transfer funds from
the Housing Fund encumbered for housing projects set forth in the ROPS, to the
Authority for the Authority to be able to carry out such housing projects, which are
provided in Exhibit B attached to this Resolution; and
WHEREAS, pursuant to Health and Safety Code section 34181(c), the
Oversight Board is to direct the RDA Successor Agency to transfer housing
responsibilities and all rights, powers, duties and obligations along with any amounts on
deposit in the Low and Moderate Income Housing Fund to the appropriate entity
pursuant to Health and Safety Code section 34176.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
Oversight Board of the Successor Agency to the dissolved San Jacinto Redevelopment
Agency:
SECTION 1. Recitals. The Recitals set forth above are true and correct
and are incorporated into this Resolution by this reference.
SECTION 2. CEQA Compliance. The transfer of housing assets and
functions through this Resolution does not commit the Oversight Board to any action
that may have a significant effect on the environment. As a result, such action does not
constitute a project subject to the requirements of the California Environmental Quality
Act. The City Clerk of the City of San Jacinto, acting on behalf of the Oversight Board,
is authorized and directed to file a Notice of Exemption with the appropriate official of
the County of Riverside, California, within five (5) days following the date of adoption of
this Resolution.
SECTION 3. Designation and Direction to Transfer Housing Assets and
Functions. The Oversight Board hereby designates the assets set forth in Exhibit A
attached to this Resolution as the housing assets of the dissolved Agency to be
transferred to the Authority, and directs the transfer of such housing assets by the RDA
Successor Agency, along with the transfer of all rights, powers, liabilities, duties and
obligations associated with the housing activities of the dissolved Agency, to the
Authority, pursuant to Health and Safety Code sections 34176, 34177 and 34181.
SECTION 4. Transfer of Encumbered Funds from the Housing Fund for
Housing Projects. The Oversight Board hereby directs the RDA Successor Agency to
transfer the encumbered funds from the Housing Fund designated for housing projects
24438.31000\7354656.1 2
set forth in the ROPS, all as provided in Exhibit B attached to this Resolution, to the
Authority, pursuant to Health and Safety Code section 34181.
SECTION 5. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The Oversight Board declares that the Oversight Board
would have adopted this Resolution irrespective of the invalidity of any particular portion
of this Resolution.
SECTION 6. Certification. The City Clerk of the City of San Jacinto,
acting on behalf of the Oversight Board as its Secretary, shall certify to the adoption of
this Resolution.
SECTION 7. Effective Date. Pursuant to Health and Safety Code section
34179(h), all actions taken by the Oversight Board may be reviewed by the State of
California Department of Finance, and, therefore, this Resolution shall not be effective
for three (3) business days, pending a request for review by the State of California
Department of Finance.
MOVED, PASSED AND ADOPTED at a regular meeting of the Oversight
Board of the Successor Agency to the dissolved San Jacinto Redevelopment Agency,
on the 6th day of April, 2012, by the following vote:
AYES: Christakos, Elam, Hults, Paisley, Prill, Turner, Frontino
NAYS: None
ABSENT: None
ABSTAIN: None
Oversig o rd
Fred rrontino, Chairperson
ATTEST:
&jaz"
Richard Miller, Oversight Board Secretary
24438.31000W354656.1 i
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
I, Richard Miller, hereby certify that the foregoing is a true copy of Resolution No. OB
12-05 was adopted by the Oversight Board of the Successor Agency to the San Jacinto
Redevelopment Agency at a regular meeting thereof held the 6th day of April, 2012.
WITNESS my hand this 6th day of April, 2012.
-kA�-
Richard Miller, Oversight Board Secretary
24438,31000\7354656,1
EXHIBIT A
HOUSING ASSETS OF THE DISSOLVED SAN JACINTO REDEVELOPMENT
AGENCY
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