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HomeMy WebLinkAbout017-2012SARESOLUTION NO.17- 2012SA APPROVING AND ADOPTING A FIRST AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE FOR THE TOWN OF DANVILLE ACTING AS THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY DEVELOPMENT AGENCY OF 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 ") previously adopted, in accordance with the Redevelopment Law, the Redevelopment Plan for the Downtown Danville Redevelopment Project, as amended from time to time (the "Redevelopment Plan "); and WHEREAS, the Redevelopment Plan had been implemented by the Community Development Agency of the Town of Danville (the "CDA "); and WHEREAS, ABx126 (the "Dissolution Act ") was enacted on June 28, 2011; and WHEREAS, through its December 29, 2011 decision in the case of California Redevelopment Association v. Matosantos (the "Supreme Court Decision "), the California Supreme Court declared the Dissolution Act to be constitutional; and WHEREAS, on January 10, 2012, acting in accordance with Health and Safety Code Sections 341710) and 34173, the Danville Town Council adopted Resolution No. 6 -2012, accepting the designation to serve as the Successor Agency to the CDA; and WHEREAS, pursuant to the Dissolution Act, the CDA was dissolved as of February 1, 2012, at which time the assets and payment obligations (defined in the Dissolution Act as "Enforceable Obligations ") of the CDA were transferred to the Town, acting in its capacity as Successor Agency; and WHEREAS, pursuant to Section 34167(h) and Section 34177(a) of the Redevelopment Law (as added by the Dissolution Act), after August 29, 2011 and until the first "Recognized Obligation Payment Schedule" (as defined in the Dissolution Act) is operative, the CDA or the Successor Agency, as applicable, can only make payments on Enforceable Obligations listed and required on an "Enforceable Obligation Payment Schedule" (as defined in the Dissolution Act); and WHEREAS, in accordance with the foregoing requirements, the CDA adopted CDA Resolution No. 6 -2011 on August 9, 2011, adopting the CDA's Enforceable Obligation Payment Schedule (the "Initial Schedule "), and transmitted the adopted Initial Schedule to the Contra Costa County Auditor - Controller, the State Controller, and the State Department of Finance, all in accordance with Section 34169(8) of the Redevelopment Law; and WHEREAS, the Initial Schedule only listed payments due from August 1, 2001 through December 31, 2011 and the first Recognized Obligation Payment Schedule will not become effective until it is approved by the Successor Agency's Oversight Board, which has not yet been formed; and WHEREAS, to ensure the ability of the Successor Agency to continue to make Enforceable Obligations payments until such time as the Recognized Obligation Payment Schedule is approved, and as authorized by Section 34177(a)(1) of the Redevelopment Law, the Town, acting as Successor Agency, desires to amend the previously adopted Initial Schedule in the form of a First Amended Enforceable Obligation Payments Schedule (the "First Amended Schedule "), a copy of which is on file with the City Clerk; and WHEREAS, the First Amended Schedule amends the Initial Schedule to update the schedule of payments for Enforceable Obligations and to extend that schedule of payments through June 30, 2012 when the Recognized Payment Obligation Schedule is now expected to become operative under the revised dates for Dissolution Act implementation set forth in the Supreme Court Decision; and WHEREAS, under Title 14 of the California Code of Regulations, Section 15378(b)(4) the approval of the First Amended Schedule 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 for potential future projects and programs, and does not commit funds to any specific project or program; and WHEREAS, the Town Council has reviewed and duly considered the Staff Report, the proposed First Amended Schedule, and documents and other written evidence presented at the meeting; now, therefore, be it RESOLVED, that the Danville Town Council, acting as the Successor Agency to the former Community Development Agency of the Town of Danville, 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 Danville Town Council, acting as the Successor Agency to the former Community Development Agency of the Town of Danville, hereby approves and adopts the First Amended Schedule and declares that the First Amended Schedule amends and replaces the Initial Schedule in its entirety; and, be it further PAGE 2 OF RESOLUTION NO. 17- 2012SA RESOLVED, that the Danville Town Council, acting as the Successor Agency to the former Community Development Agency of the Town of Danville, authorizes and directs the Town Manager to: (1) post the First Amended Schedule on the Town website; (2) designate a Town representative to whom all questions related to the First Amended Schedule can be directed; (3) notify, by mail or electronic means, the County Auditor - Controller, the State Department of Finance, and the State Controller of the Town's action to adopt the First Amended Schedule and to provide those persons with an address to the Town's website and a telephone number and email contact for the Town's designated contact; present the First Amended Schedule to the Successor Agency's Oversight Board (once it is formed) for consideration of approval as provided in Section 39177(a)(1) of the Redevelopment Law; and (5) to take such other actions and execute such other documents as are appropriate to effectuate the intent of this Resolution and to implement the First Amended Schedule on behalf of the Town, as Successor Agency; and, be it further RESOLVED, that the Danville Town Council, acting as the Successor Agency to the former Community Development Agency of the Town of Danville, finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project; and, be it further APPROVED by the Danville Town Council, acting as the Successor Agency to the former Community Development Agency of the Town of Danville, at a regular meeting on February 7, 2012, by the following vote: AYES: Andersen, Arnerich, Doyle, Stepper, Storer NOES: None ABSTAINED: None ABSENT: None MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY CITY CLER PAGE 3 OF RESOLUTION NO. 17- 2012SA