HomeMy WebLinkAboutResolution - 3503 STATE OF CALIFORNIA ) RESOLUTION NO. 3503
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY OF SAN JACINTO,
CALIFORNIA, RESCINDING RESOLUTION NO. 3498,
CONCERNING THE AUTHORIZATION OF WAIVER OF
CERTAIN AMOUNTS IN SATISFACTION OF JUDGMENT
IN JUDICIAL FORECLOSURE AND FOR SUBSEQUENT
DELINQUENT SPECIAL TAXES AS TO NEW PROPERTY
OWNER
WHEREAS, the City Council ("City Council") of the City of San Jacinto
("City") acts as the legislative body of the City of San Jacinto Community Facilities
District No. 2002-1 (Rancho San Jacinto Phase 2) ("District"), which was duly formed on
or about September 10, 2002; and
WHEREAS, on April 11, 2011, the City, on behalf of the bondholders for
the District, obtained a Judgment in Judicial Foreclosure; Order of Sale Thereon in the
amount of $1,412,741.74 against seven parcels of vacant real property owned by
Ocean Springs, LLC for delinquent special taxes for Tax Years 2008/09 and 2009/10;
and
WHEREAS, on December 1, 2011, a Sheriffs Sale Under Foreclosure
was held under the City's judgment for the Ocean Springs property with a minimum bid
of$1,480,887.72 but there were no bidders and the judgment remains unsatisfied; and
WHEREAS, subsequently, the special taxes for the Ocean Springs
property became delinquent for Tax Years 2010/11, 2011/12 and 2012/13 and these
delinquent installments have been removed from the Riverside County Tax Roll and
forwarded to foreclosure counsel; and
WHEREAS, subsequently, certain of the Ocean Springs property was
conveyed to Tower Music City, LLC which has now requested a waiver of the statutory
penalties and post judgment interest in order to satisfy the judgment related to five (5) of
the parcels and redeem these parcels from foreclosure for the unpaid subsequent
delinquencies; and
WHEREAS, California Government Code section 53340(f)(1) authorizes
the legislative body to waive all delinquent penalties and redemption penalties for
owners unrelated to the owner responsible for the delinquencies under certain
conditions; and
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WHEREAS, On April 1, 2014, the City Council adopted Resolution No.
3498, a resolution waiving all delinquent penalties and redemption penalties for owners
unrelated to the owner responsible for the delinquencies under certain conditions; and
WHEREAS, at the time of the City Council's adoption of such resolution, it
was reported to the City that the new property owner would develop the property as
residential uses; and
WHEREAS, since the time of the City Council's adoption of such
resolution, however, the City Council has independently learned that the new owner
intends to transfer several of the parcels to Eastern Municipal Water District, for
groundwater recharge purposes, using recycled water; and
WHEREAS, the City Council believes that this new information is material
to the City Council's determination of how to proceed with this property, and that further
information and study is required before the City would support such uses; and
WHEREAS, therefore, the City Council wish to rescind Resolution No.
3498, in order to enable the City to more fully explore the proposed use of the property
and that use's impact to the City, the Authority, the bondholders, and other taxpayers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
JACINTO RESOLVES AS FOLLOWS:
SECTION 1.The Recitals set forth above are true and correct and are hereby
incorporated and adopted as findings by the City Council as though fully
set forth herein.
SECTION 2.Based on the City Council's discovery of the above-referenced material
facts, which were withheld from the City staff and the City Council by
Tower Music City, LLC and Eastern Municipal Water District, the City
Council hereby rescinds Resolution No. 3498, adopted on April 1, 2014.
SECTION 3.If any provision or clause of this Resolution or its application to any
particular set of facts or circumstances is held invalid, such invalidity shall
not affect other provisions of this Resolution that can be given effect
without the invalid provision or application, and to this end, the provisions
of this Resolution are declared to be severable.
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SECTION 4. This Resolution shall become effective on the date on which it is adopted.
PASSED, APPROVED AND ADOPTED, at a regular meeting of the City
Council on the 15th day of April, 2014, by the following vote:
Ayes: Bartel, Kotyuk, Miller, Ruiz, Ledezma
Nays: None
Absent: None
Abstain: None
City of San Jacinto
Alonso Ledezma, Mayor
ATTEST:
Richard Miller, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
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Jeffrey allinger, CitrAttorney
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