HomeMy WebLinkAboutResolution - 11-16 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 11-16
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT
AGENCY APPROVING AND ADOPTING A REVISED
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO AB 1X 26
WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety
Code § 33000, et seq.) ("CRL"), 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 1 X 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 1 X 26 and
AB 1X 27; and
WHEREAS, on August 11, 2011, the Supreme Court agreed to take the case and
issued and order for the immediate stay of the enforcement of AB 1 X 26 in part and AB 1 X
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 are not subject to the stay; and
WHEREAS, Health and Safety Code Section 34169, enacted by AB 1X 26, requires
redevelopment agencies to adopt, by August 27, 2011, an Enforceable Obligation Payment
Schedule ("EOPS"), which would allow the Agency to make payments on debts and
obligations listed on the EOPS while the stay is in effect;
WHEREAS, on August 16, 2011, the Agency adopted Resolution No, RDA 11-09
which approved and adopted the EOPS; and
WHEREAS, Health and Safety Code Section 34169(g)(2) provides that the FOPS
.` may be amended at a public meeting of the Agency; and
24438.3000U6987364. i
WHEREAS, on September 20, 2011, the Agency adopted Resolution No. RDA 11-
11 , approving and adopting a revised EOPS at a regular public meeting of the Agency; and
WHEREAS, the Agency desires to revise the EOPS 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 of Revised FOPS. The Governing Board hereby approves
and adopts the Revised Enforceable Obligation Payment Schedule ("Revised EOPS"),
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.
Section 3. Posting; Transmittal to Appropriate Agencies, The Executive Director
is hereby authorized and directed to post a copy of the Revised EOPS on the City's
website. The Executive Director is further authorized and directed to transmit, by mail or
electronic means, to the Riverside County Auditor-Controller, the State Controller and the
Department of Finance, notification providing the website location of the posted Revised
EOPS and other information as required by AB 1X 26.
Section 4. Effective Date. Pursuant to Health and Safety Cade Section 34169(i),
the Agency's action to adopt the Revised FOPS as set forth herein shall not be effective for
three (3) business days following adoption of this Resolution, pending a request for review
of the EOPS by the Department of Finance.
244B 10000 r, R7164 1 2
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
Scott Miller, Chair
San Jacinto Redevelopment Agency
ATTEST:
1 '
Ric arcs Miller, Agency Secretary
San Jacinto Redevelopment agency
14438 30000'6987364. 1 3
CERTIFICATION
I, Richard Miller, Secretary of the City of San Jacinto Redevelopment Agency, do
hereby certify that the foregoing Resolution 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
24439 30000 699'2ae4_ 14
EXHIBI Y A
REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
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