HomeMy WebLinkAboutResolution - RDA 12-03 STATE OF CALIFORNIA ) RESOLUTION NO. RDA 12-03
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE SAN JACINTO
REDEVELOPMENT AGENCY APPROVING AND
ADOPTING AN AMENDED PRELIMINARY DRAFT OF
THE INITIAL RECOGNIZED OBLIGATION PAYMENT
SCHEDULE PURSUANT TO AB 1X 26
WHEREAS, pursuant to the Community Redevelopment Law (Health and Safety
Code Sections 33000 et seq.), 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, on June 28, 2011, as part of the 2011-2012 State of California
budget bill, companion bills Assembly Bill 1X 26 ("AB 1X 26") and Assembly Bill 1X 27
("AB 1X 27") were enacted, suspending all new redevelopment activity of the Agency
and dissolving the Agency, unless the City elected to participate in the "Alternative
Voluntary Redevelopment Program" established by AB 1X 27 and pay an annual
"community remittance" payment to the County of Riverside; and
WHEREAS, on July 18, 2011, a Petition for Writ of Mandate was filed in the
Supreme Court of the State of California in the matter of California Redevelopment
Association, et al. v. Ana Matosantos, et al., Case No. S194861 ("Legal Action"),
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 of AB 1X 26 and AB
1X 27, pending the Supreme Court's determination of the legality of AB 1X 26 and AB
1X 27; and
WHEREAS, on August 11, 2011, the Supreme Court issued an order in the
Legal Action granting a partial stay of AB 1X 26, exclusive of Health and Safety Code
Sections 34161 through 34169.5 (suspending new redevelopment activity), and a
complete stay of AB 1X 27, such that the City and the Agency could not pursue new
redevelopment activity under the Alternative Voluntary Redevelopment Program
(collectively, "Stay"); and
WHEREAS, the Supreme Court modified the Stay on August 17, 2011, such that
the Stay no longer affected Health and Safety Code Sections 34167.5 through 34169.5,
in addition to California Health and Safety Code Sections 34161 through 34167, or
California Health and Safety Code Sections 34194(b)(2); and
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WHEREAS, the Stay no longer affected Health and Safety Code Section
34169(h), requiring the Agency, among other things, to prepare, by September 30,
2011, a preliminary draft of the initial Recognized Obligation Payment Schedule
(`BOPS"); and
WHEREAS, on September 20, 2011, the Agency adopted Resolution No. RDA
11-12, which approved and adopted the preliminary draft of the initial ROPS; and
WHEREAS, on October 18, 2011, the Agency adopted Resolution No. RDA 11-
15, which approved and adopted an amendment to the preliminary draft of the initial
ROPS; and
WHEREAS, on December 29, 2011, the Supreme Court issued its opinion in the
Legal Action, upholding AB 1X 26, invalidating AB 1X 27, extending certain statutory
deadlines under Health and Safety Code Sections 34170 through 34191, and dissolving
all redevelopment agencies throughout the State, effective February 1, 2012; and
WHEREAS, the preliminary draft of the initial ROPS was required to list former
Agency obligations from October 1, 2011, through June 30, 2012; and
WHEREAS, as a result of the Supreme Court's opinion in the Legal Action,
certain dates and deadlines in AB 1X 26 have been revised, including the time period
covered by the preliminary draft of the initial ROPS, which was revised to cover the time
period from February 1, 2012, through June 30, 2012; and
WHEREAS, the preliminary draft of the initial ROPS needs to be amended to
comply with the Supreme Court's opinion; 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. CEQA Compliance. The amendment of the preliminary draft of the
initial ROPS through this Resolution does not commit the Agency to any action that may
have a significant effect on the environment. As a result, such action does not constitute
a project subject to the requirements of the California Environmental Quality Act. The
Agency Secretary is authorized and directed to file a Notice of Exemption with the
appropriate official of the County of Riverside, California, within five (5) days following
the date of adoption of this Resolution.
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Section 3. Approval and Adoption of Amended ROPS. The Governing Board
hereby approves and adopts the amended preliminary draft of the initial ROPS, in
substantially the form attached hereto as Exhibit A, as required by Health and Safety
Code Section 34169(h).
Section 4. Future Action. The Governing Board hereby authorizes the Agency
Executive Director, or his or her designee, to provide the amended preliminary draft of
the initial ROPS to the Agency's successor agency prior to the Agency's dissolution
pursuant to AB 1X 26.
Section 5. Certification. The Agency Secretary shall certify to the adoption of
this Resolution.
Section 6. Effective Date. Agency approval of the amended preliminary draft
of the initial ROPS pursuant to this Resolution shall not be effective for three (3)
business days following the date of adoption of this Resolution, in accordance with
Health and Safety Code section 34169.
PASSED, APPROVED AND ADOPTED this 27th day of January, 2012.
AYES: Bartel, Ledezma, Miller, Kotyuk
NAYS: None
ABSENT: Di Memmo
ABSTAINED: None
San Jacinto Redevelopment Agency
Andrew F. Ko yuk, Chairman
ATTEST:
SiAkda
Richard Miller, Agency Secretary
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CERTIFICATION
I, Richard Miller, Secretary of the San Jacinto Redevelopment Agency, do hereby
certify that the foregoing Resolution was regularly introduced and adopted by the
Governing Board of the San Jacinto Redevelopment Agency, at a special meeting
thereof held on the 27th day of January, 2012, by the following vote of the Governing
Board:
AYES: Bartel, Ledezma, Miller, Kotyuk
NAYS: None
ABSENT: Di Memmo
ABSTAINED: None
WITNESS MY HAND AND OFFICIAL SEAL this 27th day of January 2012.
11A
Rick Miller, City Clerk
City of San Jacinto
State of California
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EXHIBIT A
AMENDED PRELIMINARY DRAFT OF THE INITIAL RECOGNIZED OBLIGATION
PAYMENT SCHEDULE
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