HomeMy WebLinkAboutResolution - 3478 STATE OF CALIFORNIA ) RESOLUTION NO. 3478
COUNTY OF RIVERSIDE )
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, APPROVING A RATIFICATION AND AMENDMENT TO LOAN
AGREEMENT (SOBOBA SPRINGS) BETWEEN THE CITY OF SAN
JACINTO AND THE FORMER REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO (DATED JUNE 19, 2008)
WHEREAS, pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code Section 33000 et seq.), the City Council
of City activated the Redevelopment Agency of the City of San Jacinto (the
"Redevelopment Agency") and subsequently adopted the Soboba Spring
Redevelopment Plan (the "Redevelopment Plan"); and
WHEREAS, the City and Redevelopment Agency entered into a Loan
Agreement (Soboba Springs), dated June 19, 2008 ("Loan Agreement"), whereby the
City agreed to provide to the Redevelopment Agency a loan in the amount of Six
Hundred Thousand Dollars ($600,000), with a simple interest rate of six percent (6%)
per annum, to meet its administrative and other operating expenses, in order to assist
the Redevelopment Agency to carry out its functions under the Community
Redevelopment Law and to assist with implementation of the Redevelopment Plan; and
WHEREAS, Assembly Bill 1X 26 ("AB 26"), enacted as part of the 2011-2012
State of California budget bill, and as modified by the Supreme Court of the State of
California in the matter of California Redevelopment Association, et al. v. Ana
Matosantos, et al., Case No. S194861 ("Legal Action"), dissolved and set out
procedures for the wind-down of all redevelopment agencies throughout the State
effective February 1, 2012, and in June 2012, the California Legislature adopted
Assembly Bill 1484 ("AB 1484," and collectively with AB 26, the "Dissolution Act") further
modifying some of the procedures set forth in AB 26, and adding certain other
procedures and requirements for the dissolution and wind-down of redevelopment
agencies; and
WHEREAS, the Successor Agency is the successor entity to the former
Redevelopment Agency and, pursuant to the Dissolution Act, is responsible for the
wind-down of the former Redevelopment Agency, including without limitation the
performance and repayment of all enforceable obligations of the former Redevelopment
Agency; and
WHEREAS, Health and Safety Code Section 34171(d)(2), as modified by AB
1484, provides, with a few exceptions, that "enforceable obligation" does not include
any agreements, contracts, or arrangements between the city, county, or city and
county that created the redevelopment agency and the former redevelopment agency;
and
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WHEREAS, Health and Safety Code Section 34179.7, added by AB 1484,
provides that upon completion of certain requirements and payment of certain amounts
as required by Sections 34179.6 and 34183.5, the Department of Finance ("DOF") shall
issue, within five business days, a finding of completion of the requirements of Section
34179.6 to the successor agency; and
WHEREAS, Health and Safety Code Section 34191.4, also added by AB 1484,
provides in part that, following issuance of a finding of completion by DOF, and upon
application by the successor agency and approval by the oversight board, loan
agreements entered into between the redevelopment agency and the city, county or city
and county that created the redevelopment agency shall be deemed to be enforceable
obligations provided that the oversight board makes a finding that the loan was for
legitimate redevelopment purposes; and
WHEREAS, in addition to establishing when a loan agreement will be deemed to
be an enforceable obligation, Section 34191.4 further establishes certain restrictions
and limitations on, among other things, the calculation of interest on the remaining
principal amount of the loan, the amounts that can be repaid from time to time under the
loan agreement, and requires that twenty percent of any loan repayment shall be
deducted from the loan repayment amount and shall be transferred to a Low and
Moderate Income Housing Asset Fund; and
WHEREAS, the Successor Agency has received a finding of completion from
DOF and, as such, the City and Successor Agency have prepared a Ratification and
Amendment to the Loan Agreement ("Amendment') in order to ratify the existence and
validity of the Loan Agreement, and to establish their understanding and agreement as
to the limitations and restrictions that will apply to the repayment to the City of all
amounts due and owing the City by the former Redevelopment Agency under the Loan
Agreement pursuant to the Dissolution Act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO,
DOES HEREBY RESOLVE AS FOLLOWS:
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 approval of the Amendment through this
Resolution does not commit the City 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 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. Approval of Amendment. The City Council hereby approves the
Ratification and Amendment to Loan Agreement (Soboba Springs) between the City of
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San Jacinto and the former Redevelopment Agency of the City of San Jacinto, in
substantially the form currently on file with the City Clerk.
Section 4. Transmittal of Loan Agreement to Oversight Board. The City
Manager is hereby authorized and directed to take any action necessary to carry out the
purposes of this Resolution, including without limitation, cooperating with the Successor
Agency to provide any documentation and evidence to the Oversight Board as
necessary to obtain from the Oversight Board approval of the Loan Agreement, together
with a finding that the loan of funds by the City to the former Redevelopment Agency
under the Loan Agreement was for legitimate redevelopment purposes.
Section 5. Effectiveness. This Resolution shall take effect immediately upon
its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of San Jacinto on the 17th day of September, 2013, by the following vote:
AYES: Ledezma, Miller, Ruiz, Bartel
NAYS: None
ABSTAIN: None
ABSENT: Kotyuk
City of San Jacinto
Mark Bartel, Mayor
ATTEST:
, 'LL J�-'I C t 'L
Richard Miller, City Clerk
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