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HomeMy WebLinkAboutResolution - 3363 STATE OF CALIFORNIA ) RESOLUTION NO. 3363 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ELECTING TO RECEIVE ALL OR A PORTION OF THE TAX INCREMENT REVENUES PURSUANT TO SECTION 33676 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW AND THE CITY'S SHARE OF TAX INCREMENT PURSUANT TO SECTION 33607.5 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW, WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE SOBOBA SPRINGS REDEVELOPMENT PROJECT AREA WHEREAS, the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.) ("CRL") governs the adoption of redevelopment plans and redevelopment plan amendments; and WHEREAS, the Redevelopment Agency of the City of San Jacinto ("Agency") adopted the Redevelopment Plan for the Soboba Springs Redevelopment Project on December 28, 1983, by Ordinance No. 767, and WHEREAS, the Agency is proposing an amendment to the Redevelopment Plan for the Soboba Springs Redevelopment Project for the purposes of merging Soboba Springs with the San Jacinto Redevelopment Project, updating capital improvement projects, combining and increasing the tax increment and bonding capacity limits with the San Jacinto Project Area, and eliminating the time limit to incur indebtedness in the Soboba Springs Redevelopment Project Area; and WHEREAS, pursuant to Section 33333.6(e) of the CRL, the Agency must make statutory pass through payments to all affected taxing entities beginning in the fiscal year following the adoption of the ordinance eliminating the time limit to incur indebtedness in a redevelopment project area; and WHEREAS, Section 33676 of CRL provides that prior to the adoption of a redevelopment plan (or amendment), an affected taxing entity may elect to receive, in addition to the portion of taxes allocated to the affected taxing entity pursuant to Section 33670(a) of CRL, all or any portion of the property tax revenues allocated to the Agency from the Project Area pursuant to Section 33670(b) of CRL ("Tax Increment") that are attributable to the tax rate increases imposed for the benefit of the taxing entity after the tax year in which the ordinance adopting the redevelopment plan becomes effective ("Increases"); and WHEREAS, for redevelopment plans adopted or amended on or after January 1, 1994, Section 33607.5 of the CRL provides that in any fiscal year in which a redevelopment agency receives Tax Increment from the project area, the community that has adopted the redevelopment plan may elect to receive, and the Agency shall, pursuant to CRL Section 33607.5(b), pay to it the amount equal to the community's proportional share of the Tax Increment received by the Agency after the amount required to be deposited in the Low and Moderate Income Housing Fund has been deducted ("City Election"), NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto, as follows: SECTION 1: The City Council of the City of San Jacinto hereby elects to receive all Increases and the City Election as defined herein with respect to Tax Increment received by the Agency from the Soboba Springs Redevelopment Project Area, commencing with the first fiscal year to which payments are due under Section 33607.7 and automatically continuing for every fiscal year thereafter, and directs staff to transmit a copy of this resolution to the Executive Director of the Agency and the Auditor Controller of Riverside County. SECTION 2: The City has determined that the actions described by this Resolution are exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15378(b) because such election constitutes the creation of a funding mechanism and/or 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. The City Clerk is hereby authorized to file a Notice of Exemption with the County of San Bernardino within five (5) calendar days of the adoption of this resolution. SECTION 3: The City Council hereby authorizes and directs the City Manager to undertake such actions and execute such documents as may be reasonably necessary or convenient to carry out and administer the actions authorized by this Resolution. PASSED, APPROVED and ADOPTED this 15'�' day of February, 2011 by the following vote: Ayes: Di Memmo, Kotyuk, Miller Nays: None Absent: None Abstain: Bartel, Ledezma City of San Jacinto By: Scott Miller, Mayor ATTEST: � 11�Gui'L-M Richard Miller, City Clerk APPROVED AS TO FORM: Best Best & Krieger, LLP fire S. Baliinge , ity Attorney