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Home My WebLink AboutResolution - RDA 12-01 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 12-01 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY APPROVING AND ADOPTING AN AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB IX 26 WHEREAS, pursuant to the Community Redevelopment Law (Health & Saf. Code, § 33000 et seq.), the City Council of the City of San Jacinto ("City') created the San Jacinto Redevelopment Agency ("Agency"); 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 2011-12 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, et al. v. Ana Matosantos, et al., Case No. S194861) ("Litigation"), challenging the constitutionality of AB 1X 26 and AB 1X 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 Litigation, upholding AB 1X 26, invalidating AB 1X 27, and extending all statutory deadlines under AB 1X 26, essentially dissolving all redevelopment agencies throughout the State effective February 1, 2012; and WHEREAS, Health and Safety Code section 34169, enacted by AB 1X 26, requires the Agency to adopt, by August 27, 2011, an Enforceable Obligation Payment Schedule ("EOPS") setting forth the enforceable obligations of the Agency and the amounts of payments obligated to be made, by month, through December, 2011; and WHEREAS, adoption of the EOPS allows the Agency to make payments on debts and obligations listed on the EOPS for as long as the EOPS is operative; and 24438.30000\7159969, 1 1 WHEREAS, the Agency adopted an EOPS by Resolution No. RDA 11-09 on August 16, 2011; and WHEREAS, the Agency adopted revised the EOPS by Resolution No. RDA 11- 11 and Resolution No. RDA 11-15 respectively on September 20, 2011 and October 18, 2011; and WHEREAS, Health and Safety Code section 34177(I)(3), enacted by AB 1X 26, provides that the successor agency to the Agency, after the Agency's dissolution, is to adopt a Recognized Obligation Payment Schedule ("ROPS") succeeding the FOPS prior to January 1, 2012; and WHEREAS, the California Supreme Court, in the Litigation, extended the deadline for adoption of the ROPS to May 1, 2012; and WHEREAS, Health and Safety Code section 34177(a)(1), enacted by AB 1X 26, requires that until a ROPS becomes operative, only payments required pursuant to an FOPS shall be made; and WHEREAS, Health and Safety Code section 34177(a)(1) also provides that, in accordance with Health and Safety Code section 34171(d)(2), any agreements, contracts or arrangements between the City and the Agency shall not constitute payable enforceable obligations after February 1, 2012. WHEREAS, if the EOPS provides any debts or obligations to be paid by the Agency to the City pursuant to Health and Safety Code section 34177(a)(1), it may only be included as an enforceable obligation through the month of January, 2011 ; and WHEREAS, the revised EOPS may only include debts or obligations to be paid by the Agency to the City pursuant to Health and Safety Code section 34171(d)(2), after February 1, 2012, if there are: (1) written agreements between the City and the Agency entered into prior to December 31, 2010, solely for the purpose of securing or repaying indebtedness obligations to third parties; or (2) loan agreements entered into between the Agency and the City within two years of the date of creation of the Agency; and WHEREAS, because the previously adopted EOPS is operative only through December 31, 2011, it must be revised to be operative from January 1, 2012 through April 30, 2012. 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. 24438.30000\7159969. 1 2 Section 2. CEQA Compliance. The amendment of the EOPS through this Resolution does not commit the Agency to any action that may have a significant effect on the environment. As a result, action does not constitute a project subject to the requirements of the California Environmental Quality Act. The Agency directs Agency 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. Approval of EOPS. The Agency hereby approves and adopts the amended Enforceable Obligation Payment Schedule, in substantially the form attached hereto as Exhibit A, so that the Agency may continue to meet its enforceable obligations, all as required by Health and Safety Code section 34169. The Agency has been required to act quickly in preparing, approving and adopting the EOPS because of the timing of the Supreme Court's decision in the Litigation. As a result, the Agency reserves the right to amend the EOPS in the future to make the EOPS more accurate. Section 4. Posting; Transmittal to Appropriate Agencies. The Executive Director is hereby authorized and directed to post a copy of the 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 EOPS and other information as required by AB 1X 26. Section 5. Effective Date. Pursuant to Health and Safety Code Section 34169(i), the Agency's action to adopt the EOPS 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 FOPS by the Department of Finance. PASSED, APPROVED AND ADOPTED this 9th day of January, 2012. San Jacinto Redevelopment Agency Andrew F otyuk, Chairman ATTEST: Richard Miller, Agency Secretary 2443830000\7159969. 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 9th day of January, 2012. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Jacinto, California this 9th day of January, 2012. r'� j LU"fL, Ric and Miller, Agency Secretary i 24439,30000\7159969.1 EXHIBIT A i ENFORCEABLE OBLIGATION PAYMENT SCHEDULE [Attached behind this page] 2443 8.30000\7159969.1 A$$$O A O $ $N N 8 W S 9 O$S O S O S O a Ow O N N N M N O w N N N M O w w w M G w M n N N w w N w n w O O o0 fi S fi O w S w Q. 4 r 8. 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