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HomeMy WebLinkAbout02-010 CC ResolutionRESOLUTION NO. 02-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AMENDED AND RESTATED AGREEMENT BET~VEEN THE COUNTY OF RIVERSIDE, THE REDEVELOPMENT AGENCY OF THE COUNTY OF RIVERSIDE, THE CITY OF TEMECULA AND THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR REIMBURSEMENT AND DISTRIBUTION OF TAX INCREMENT FUNDS FROM THE TEMECULA REDEVELOPMENT PROJECT" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. On July 12, 1988, the County, prior to the incorporation of the City of Temecula, duly adopted Ordinance No. 658 enacting a redevelopment plan, known as the "County of Riverside Redevelopment Plan 1-1988" (the "Plan"). B. The City of Temecula was incorporated on December 1, 1989 and all of the territory to which the Plan applies (the "Project Area") is now included within the corporate boundaries of the City of Temecula. C. On April 9, 1991, the City Council of the City of Temecula (the "City Council") duly adopted Ordinance No. 91-14 activating the Agency and designating the City Council of the City of Temecula to be the members of the Agency and Ordinance No. 91-15 adopting a redevelopment plan, which ordinance had the effect of adopting the Plan and transferring jurisdiction over the Plan from the County and the County Agency to the City and the Agency pursuant to Health and Safety Code Section 33215(a). D. On April 9, 1991, the City Council adopted Resolution No. 91-38 which resolution bound the City to reimburse the County's costs of transferring the Plan to the City pursuant to Health and Safety Code Section 33215(b). E. The parties hereby acknowledge that the Agency has paid the County the costs incurred by the County in transferring the Plan to the Agency pursuant to Health and Safety Code Section 33215(b) and the City's Resolution No. 91-38. F. Following consultations between the Agency and representatives of the County on behalf of the County General Fund, Structural Fire Protection Fund and Library Fund to determine the fiscal impact of the Plan upon them, the County, the County Agency, CORAL, the City and the Agency entered into an agreement entitled "Agreement Between the County of Riverside, the Redevelopment Agency of the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula for Reimbursement and Distribution of Tax Increment Funds from the Temecula Redevelopment Project" dated as of May 14, 1991 (the "Agreement"). R:/Resos 2002/Resos 02-10 I G. The Agreement was entered into to address the financial detriment caused by the transfer of jurisdiction over the Plan from the County and the County Agency to the City and the Agency and was entered into pursuant to the authority of Health and Safety Code Sections 33215(e) and 33401. H. The Agency has consulted with representatives of the County and the County Agency and has determined that there is a continued fiscal impact on the County and the County Agency from the transfer of jurisdiction over the Plan from the County and County Agency to the City and the Agency. I. The County, the County Agency, CORAL, the City and the Agency desire to amend and restate the Agreement to assist the Agency in financing the Project Area, to address the continued fiscal impact of the transfer of jurisdiction over the Plan and to amicably resolve any differences regarding the interpretation of the Agreement. J. By approval of this Agreement, the parties hereto find and determine that any financial effects relating to the Plan are alleviated by the terms of this Amended and Restated Agreement. K. The County, CORAL, and County Agency each agree and acknowledge that the Agency and City are relying upon the representations and warranties of County, CORAL and County Agency with respect to the matters set forth herein and particularly Section 8. L. This Amended and Restated Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The City Council of the City of Temecula hereby approves in substantial conformance that certain agreement entitled "Amended and Restated Agreement Between the County of Riverside, the Redevelopment Agency of the County of Riverside, County of Riverside Asset Leasing Corporation, the City of Temecula and the Redevelopment Agency of the City of Temecula for Reimbursement and Distribution of Tax Increment Funds from the Temecula Redevelopment Project, with such changes in each document as may be mutually agreed upon by the parties and the City Manager as are in substantial conformance with the form of such Agreement which on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, including related exhibits and attachments on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. Section 3. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the City's obligations, responsibilities and duties to be performed under the Agreement and related documents. Section 4. The City Clerk shall certify the adoption of this Resolution. R:/Resos 2002/Resos 02-10 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 22nd day of January, 2002. .,ATTEST: [SEAL] Ron Roberts, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the Resolution No. 02-10 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 15 day of January 2002, by the following vote: AYES: 3 COUNCIL MEMBERS: Comerchero, Naggar, Pratt NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Roberts ABSTAIN: I COUNCILMEMBERS: Stone R:/Resos 2002/Resos 02-10 3