HomeMy WebLinkAbout027-2012SARESOLUTION NO.27- 2012SA
APPROVING AND ADOPTING THE DRAFT RECOGNIZED 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 seq.; the "Redevelopment Law "), the Town Council (the
"Town Council ") of the Town of Danville (the "Town ") previously adopted the
Redevelopment Plan for the Downtown Danville Redevelopment Project (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, ABx1 26 (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 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, the CDA adopted CDA Resolution No. 6 -2011 on August 9, 2011, adopting
the CDA's Enforceable Obligation Payment Schedule (the "Initial Schedule "); and
WHEREAS, on February 7, 2011, the Town, acting in its capacity as Successor Agency,
adopted Resolution No. 17- 2012SA, approving the First Amended Enforceable
Obligation Payment Schedule, updating the Initial Schedule and extending the schedule
through June 30, 2012; and
WHEREAS, pursuant to Section 34177(1)(2)(A), the Successor Agency is required to
prepare a draft ROPS by March 1, 2012, to cover the period of time through July 1, 2012;
and
WHEREAS, under Title 14 of the California Code of Regulations, Section 15378(b)(4) the
approval of the draft RODS is exempt from 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
WHEREAS, the Town Council has reviewed and duly considered the Staff Report, the
draft BOPS, and documents and other 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 draft Recognized Obligation Payment Schedule; 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, authorizes and directs
the Town Manager to: (1) provide a copy of the draft RODS to the County Auditor -
Controller, the State Department of Finance, and the State Controller and to post the
draft ROPS on the Town website; (2) present the draft ROPS to the Successor Agency's
Oversight Board (once it is formed) for consideration of approval; and (3) to take such
other actions and execute such other documents as are necessary to implement the draft
ROPS 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).
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 21, 2012, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Andersen, Arnerich, Doyle, Stepper, Storer
None
None
None
APPROVED AS TO FORM:
CITY ATTORNEY
PAGE 2 OF RESOLUTION NO.27- 2012SA