HomeMy WebLinkAbout086-2011RESOLUTION NO. 86-2011
APPROVING EXECUTION OF THE AGENCY TRANSFER
PAYMENT AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT
AGENCY OF THE TOWN OF DANVILLE AND THE TOWN OF DANVILLE
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et sec .; the "Redevelopment Law "), the Town Council (the
"Town Council ") of the Town of Danville (the "Town ") adopted in accordance with the
Redevelopment Law, Ordinance No. 94 on July 14, 1986, adopting the Redevelopment
Plan for the Downtown Redevelopment Project (the "Redevelopment Plan "); and
WHEREAS, the Community Development Agency of the Town of Danville (the
"Agency ") is responsible for implementing the Redevelopment Plan pursuant to the
Redevelopment Law; and
WHEREAS, ABX1 27 (the "Voluntary Program Act ") through the addition of Part 1.9 to
the Redevelopment Law ( "Part 1.9 "), establishes a voluntary alternative redevelopment
program whereby the Agency is authorized to continue to exist upon the enactment of
an ordinance by the Town to comply with Part 1.9, including payment of an annual
remittance to the County- Auditor Controller (the "Continuation Ordinance "); and
WHEREAS, on August 11, 2011, the California Supreme Court (the "Court ") agreed to
review the California Redevelopment Association and League of California Cities'
petition challenging the constitutionality of the Redevelopment Restructuring Acts and
issued an order granting a partial stay on specified portions of the Redevelopment
Restructuring Acts, as modified on August 17, 2011 (the "Stay "), including a stay of the
provisions of the Voluntary Program Act; and
WHEREAS, the Town has enacted the Continuation Ordinance prior to consideration of
this Resolution, conditioned upon the lifting of the Stay and the Court's determination
that the Voluntary Program Act is constitutional; and
WHEREAS, Section 34194.2 of the California Redevelopment Law authorizes the
Agency to enter into an agreement with the Town whereby the Agency agrees to
transfer a portion of its tax increment to the Town, in an amount not to exceed the
annual remittance required under Chapter 3 of Part 1.9 of the Redevelopment Law to
the County Auditor - Controller; and
WHEREAS, for reasons further set forth in the staff report accompanying this
Resolution (the "Staff Report "), the Town and the Agency desire to enter into an
agreement, whereby the Agency will transfer to the Town sufficient funds to make the
annual remittance required under Chapter 3 of Part 1.9 of the Redevelopment Law, and
the Town will make the annual remittances to the County Auditor - Controller in
satisfaction of the requirements under Chapter 3 of Part 1.9 of the Redevelopment Law
(the "Agency Transfer Payment Agreement "); and
WHEREAS, as fully set forth in the Agency Transfer Payment Agreement (the
"Agreement "), the Agreement will be immediately binding upon the parties, but the
operation of its terms will be conditioned upon the lifting of the Stay and the Court's
determination that the Voluntary Program Act is constitutional; and
WHEREAS, under Title 14 of the California Code of Regulations, Section 15378(b)(4) the
approval of the Agency Transfer Payment Agreement is exempt from the requirements
of the California Environmental Quality Act ( "CEQA "), in that it is not a project, but
instead consists of the creation and continuation of a governmental funding mechanism
and does not commit funds to any specific project or program; and
WHEREAS, the Town Council has reviewed and duly considered the Staff Report,
documents and other written evidence presented at the meeting; now, therefore, be it
RESOLVED, that the Danville Town Council finds that the above Recitals are true and
correct and have served, together with the supporting documents, as the basis for the findings
and approvals set forth below; and, be it further
RESOLVED, that the Town Council hereby approves the Agency Transfer Payment
Agreement and authorizes the Town Manager to execute on behalf of the Town the
Agreement, substantially in the form on file with the City Clerk and the Agency Secretary
and with such revisions thereto as may be approved by the City Attorney; and, be it further
RESOLVED, that the Town Council authorizes the Town Manager to take such other
actions and execute such other documents as are appropriate to effectuate the intent of this
Resolution and to implement the Agreement on behalf of the Town.
PAGE 2 OF RESOLUTION NO. 86-2011
APPROVED by the Danville Town Council at a regular meeting on September 20, 2011,
by the following vote:
AYES Stepper, Andersen, Arnerich, Doyle, Storer
NOES: None
ABSTAINEDkone
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
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ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 86-2011