HomeMy WebLinkAboutResolution - 3408 STATE OF CALIFORNIA ) RESOLUTION NO. 3408
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, ELECTING TO BECOME THE
SUCCESSOR AGENCY TO THE SAN JACINTO
REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY
CODE
WHEREAS,the City Council of the City of San Jacinto ("City") approved and
adopted the Redevelopment Plan forthe San Jacinto and Soboba Springs Redevelopment
Projects ("Redevelopment Plan") covering certain properties within the City (the "Project
Area"); and
WHEREAS, the San Jacinto Redevelopment Agency ("Agency") has been
engaged in activities to execute and implement the Redevelopment Plan pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code §
33000, et sec.) ("CRL"); and
WHEREAS, as part of the 2011-12 State budget bill, the California
Legislature enacted, and the Governor signed , companion bills AB 1X 26 and AB 1X 27,
requiring that each redevelopment agency be dissolved unless the community that created
it enacts an ordinance committing it to making certain payments; and
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of
the State of California on July 18, 2011 (California Redevelopment Association, eta/. v.
Ana Matosantos, et al., Case No. S194861), challenging the constitutionality of AB 1 X 26
and AB 1 X 27 on behalf of cities, counties and redevelopment agencies and requesting a
stay of enforcement; and
WHEREAS, on August 11, 2011, and modified on August 17, 2011, the
Supreme Court stayed portions of AB 1X 26, and AB 1X 27 in its entirety during the
pendency of the matter; and
WHEREAS, on December 29, 2011, the Supreme Court issued its final
decision in the aforesaid litigation, upholding AB 1X26, invalidating AB 1X27, extending all
statutory deadlines underAB 1X26, and dissolving all redevelopment agencies throughout
the State of California, effective February 1, 2012; and
WHEREAS, AB 1X 26 further provides that, upon their dissolution, any
property taxes that would have been allocated to redevelopment agencies will no longer be
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deemed tax increment, and will be allocated first to successor agencies to make payments
on the existing indebtedness of the dissolved redevelopment agencies, with remaining
balances allocated in accordance with applicable constitutional and statutory provisions;
{ and
WHEREAS, AB 1 X 26 provides that the City will be the successor agency to
the dissolved Agency, unless the City elects not to act as the successor agency, and that,
with certain exceptions, all authority, rights, powers, duties and obligations previously
vested with the Agency under the CRL, will be vested in the City, as of February 1, 2012;
and
WHEREAS, all other legal prerequisites to the adoption of this Resolution
have occurred.
NOW, THEREFORE, BE IT RESOLVED, ordered, and determined by the
City Council of the City of San Jacinto:
SECTION 1. Recitals. The Recitals set forth above are true and correct and
incorporated herein by reference.
SECTION 2. CEQA Compliance. The determination and election made in
this Resolution do not commit the City to any action that may have a significant effect on
the environment. As a result, such approvals do not constitute a project subject to the
requirements of the California Environmental Quality Act. The City Council directs City
staff to file a Notice of Exemption within five (5) days following adoption of this Resolution
with the Clerk of the Board of Supervisors of the County of Riverside.
SECTION 3. Election to be Successor Agency. In accordance with Health
and Safety Code Section 34173, and based on the Recitals set forth above, the City
Council hereby elects and determines that the City of San Jacinto shall become the
"successor agency"to the former San Jacinto Redevelopment Agency. Upon dissolution of
the San Jacinto Redevelopment Agency pursuant to Part 1.85 of Division 24 of the
California Health and Safety Code, and except as provided under the CRL, all authority,
rights, powers, duties and obligations previously vested with the former San Jacinto
Redevelopment Agency, under the CRL, shall be vested in the City, as the successor
agency to the San Jacinto Redevelopment Agency.
SECTION 4. Implementation. The City Council hereby authorizes and directs
the City Manager to take any action and execute any documents necessary to carry out the
purposes of this Resolution, including but not limited to notifying the Riverside County
Auditor-Controller, the Controller of the State of California, and the California Department
of Finance of the adoption of this Resolution and the City's election to be the successor
agency to the San Jacinto Redevelopment Agency, in accordance with AB 1X 26.
SECTION 5. Severability. If any provision of this Resolution or the
application thereof to any person or circumstance is held invalid, such invalidity shall not
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affect other provisions or applications of this Resolution which can be given effect without
the invalid provision or application, and to this end the provisions of this Resolution are
severable. The City Council hereby declares that it would have adopted this Resolution
irrespective of the invalidity of any particular portion thereof.
SECTION 6. Certification. The City Clerk shall certify to the adoption of this
Resolution.
SECTION 7. Effective Date. This Resolution shall become effective
immediately upon its adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the 9th day of January, 2012 by the following vote:
AYES: Bartel, Di Memmo, Ledezma, Miller, Kotyuk
NAYS: None
ABSENT: None
ABSTAIN: None
City of San Jacinto
Andrew F.Aotyuk, Mayoi'
ATTEST:
L i 1'�&'
--1 , ----
Richard Miller, City'Clerk
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