HomeMy WebLinkAboutResolution - 3409 STATE OF CALIFORNIA ) RESOLUTION NO. 3409
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO, CALIFORNIA, CONFIRMING THE MAYOR'S
APPOINTMENT OF MEMBERS TO THE OVERSIGHT
BOARD
WHEREAS, the City Council of the City of San Jacinto ("City")approved and
adopted the Redevelopment Plans for the San Jacinto and Soboba Springs
Redevelopment Projects covering certain properties within the City; and
WHEREAS, the San Jacinto Redevelopment Agency ("Agency") has been
engaged in activities to execute and implement the Redevelopment Plans pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code §
33000, et seq.) ("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, 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 a/., Case No. S194861 ("Legal Action"),
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 of AB 1 X 26 and AB 1 X 27,
pending the Supreme Court's determination of the legality of AB 1 X 26 and AB 1 X 27; 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, AB 1 X 26 provides that successor agencies be designated as
successor entities to the former redevelopment agencies, and provides that, with certain
exceptions, all authority, rights, powers, duties and obligations previously vested with the
former redevelopment agencies, underthe CRL, are vested in the successor agencies;and
WHEREAS, on January 9, 2012, the City Council adopted Resolution No.
3408 electing to sere as the successor agency to the former Agency; and
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WHEREAS,AB 1 X 26 further provides that the successor agency's activities
are subject to review and approval by an oversight board ("Oversight Board"), which shall
be created for each dissolved redevelopment agency; and
WHEREAS, the Oversight Board is to be comprised of seven political
appointees from affected local taxing entities and the community that established the
redevelopment agency, including one member to be appointed by the Mayor for the city
that formed the redevelopment agency, and one member to be appointed by the Mayor
representing the employees of the former redevelopment agency; and
WHEREAS, at its meeting of January 31 , 2012, the Mayor of the City of San
Jacinto announced the appointment of Timothy Hults to serve as the Mayor's
representative to the Oversight Board, and Sharon Paisley to serve as the representative
for the employees of the former Agency; and
WHEREAS,the Council desires to confirm the Mayor's appointments to the
Oversight Board; 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 confirmation made in this Resolution
does not commit the City to any action that 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. Confirmation of Mayoral Appointments. The City Council
hereby confirms the Mayor's appointment of Andrew Kotyuk to serve as the Mayor's
representative to the Oversight Board, and Sharon Paisley to serve as the representative
for the employees of the former Agency.
SECTION 4. Implementation. The City Council hereby authorizes and directs
the City Manager to take any action and execute any documents necessary to cant'out the
purposes of this Resolution, including but not limited to, providing notice of the adoption of
this Resolution and the Mayor's appointment of the above-named representatives to the
Oversight Board, in accordance with AB 1 X 26, to the Riverside County Auditor-Controller,
the Controller of the State of California, and the California Department of Finance.
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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
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 upon its
adoption.
MOVED, PASSED AND ADOPTED at a special meeting of the City
Council on the 27t" day of January, 2012, by the following vote:
AYES: Bartel, Ledezma, Miller, Kotyuk
NAYS: None
ABSENT: Di Memmo
ABSTAIN: None
City of San Jacinto
Andrew F. Ofyuk, Mayor
ATTEST:
Richard Miller, City Clerk
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