HomeMy WebLinkAboutResolution - 3410 STATE OF CALIFORNIA ) RESOLUTION NO. 3410
COUNTY OF RIVERSIDE ) ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JACINTO, CALIFORNIA ELECTING NOT TO
RETAIN THE HOUSING ASSETS AND FUNCTIONS
PREVIOUSLY PERFORMED BY THE SAN JACINTO
REDEVELOPMENT AGENCY AND TRANSFERRING
THEM TO THE SAN JACINTO HOUSING AUTHORITY
PURSUANT TO PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
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 engaged in activities to implement the
Redevelopment Plans for the San Jacinto and Soboba Springs Redevelopment Projects
covering certain properties within the City; and
WHEREAS, on June 28, 2011 , the State of California enacted California
Health and Safety Code Section 34161 et seq. as part of the State's enactment of
Assembly Bill 1X 26 ("AB 1X 26"), immediately prohibiting further redevelopment activity
by redevelopment agencies and dissolving all redevelopment agencies in the State of
California on October 1, 2011; and
WHEREAS, on June 28, 2011, the State of California also enacted
California Health and Safety Code Section 34192 et seq. under Assembly Bill 1X 27
CAB 1X 27"), providing communities the opportunity to continue redevelopment activity
through their local redevelopment agencies by electing to participate in the "Alternative
Voluntary Redevelopment Program"; 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 constitutionality 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 California Health and Safety Code Section
34161 et seq., exclusive of California Health and Safety Code Sections 34161 through
34167 (which prohibit all new redevelopment activity), and a complete stay of California
Health and Safety Code Section 34192 et seq., such that the City and the Agency could
not pursue new redevelopment activity under the Alternative Voluntary Redevelopment
Program (collectively, "Stay"); and
WHEREAS, on August 17, 2011, the Supreme Court modified the Stay
such that the Stay no longer affected California 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 Section 34194(b)(2); and
WHEREAS, on December 29, 2011, the Supreme Court issued its final
decision in the Legal Action, upholding AB 1X 26, invalidating AB 1X 27, extending all
statutory deadlines under Health and Safety Code Sections 34170 through 34191, and
dissolving all redevelopment agencies throughout the State of California, effective
February 1, 2012; and
WHEREAS, Health and Safety Code section 34176 provides that the City
may elect to retain the housing assets and functions previously performed by the
Agency, but if the City does not so elect, all rights, powers, assets, liabilities, duties, and
obligations associated with the housing activities of the Agency, excluding any amounts
in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1)
where there is no housing authority in the territorial jurisdiction of the Agency, to the
State of California Department of Housing and Community Development; (2) where
there is one local housing authority in the territorial jurisdiction of the Agency, to that
housing authority; (3) where there is more than one local housing authority in the
territorial jurisdiction of the Agency, to the local housing authority selected by the City;
and
WHEREAS, the City desires to elect not to retain the housing assets and
functions of the former Agency; and
WHEREAS, the City authorized the San Jacinto Housing Authority to act
pursuant to Resolution No. 3370, dated March 15, 2011; 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 preceding this Resolution are true
and correct and are incorporated into this Resolution.
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 Clerk 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.
SECTION 3. Election Not to Retain Housing Assets and Functions. In
accordance with Health and Safety Code section 34176, and based on the Recitals set
forth above, the City Council hereby elects not to retain the housing assets and
functions previously performed by the 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 otherwise provided under
AB 1X 26, all rights, powers, assets, liabilities, duties, and obligations associated with
the housing activities of the San Jacinto Redevelopment Agency, excluding any
amounts in the Low and Moderate Income Housing Fund, shall be transferred in
accordance with Health and Safety Code section 34176 to the San Jacinto Housing
Authority.
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
County of Riverside Auditor-Controller, the Controller of the State of California, and the
California Department of Finance of the adoption of this Resolution in accordance with
AB 1X26.
SECTION 5. Severability. If any provision of this Resolution or the
application of any such provision to any person or circumstance is held invalid, such
invalidity shall not affect other provisions or applications of this Resolution that can be
given effect without the invalid provision or application, and to this end the provisions of
this Resolution are severable. The City Council declares that the City Council would
have adopted this Resolution irrespective of the invalidity of any particular portion of this
Resolution.
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.
MOVED, PASSED AND ADOPTED at a special meeting of the City
Council on the 27th 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. Kotyuk, Mayor
ATTEST:
9je1r; I
Ri6fi9rd Miller, City Clerk
2443 8.30000\722423 6.1