2012-002 - Town Of Los Gatos Approving And Adopting A First Amended Enforceable Obligation Payment ScheduleRESOLUTION 2012 -002
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
TOWN OF LOS GATOS APPROVING AND ADOPTING A FIRST
AMENDED ENFORCEABLE OBLIGATION PAYMENT
SCHEDULE
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et sue.; the "Redevelopment Law "), the Town Council (the "Town
Council ") of the Town of Los Gatos (the "Town ") adopted Ordinance No. 1882 on November 25,
1991, adopting the Redevelopment Plan for the Central Los Gatos Redevelopment Project Area
(the "Redevelopment Plan "), as amended from time to time; and
WHERAS, the Redevelopment Agency of the Town of Los Gatos (the "Agency ") is
responsible for implementing the Redevelopment Plan pursuant to the Redevelopment Law; and
WHEREAS, ABxI 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 "Supreme Court Decision "), the California
Supreme Court declared the Dissolution Act to be constitutional and revised certain dates for
performance of actions under the Dissolution Act; and
WHEREAS, the Dissolution Act provides for dissolution of the Agency as of February
1, 2012, at which time the assets and payment obligations (defined in the Dissolution Act as
"Enforceable Obligations ") of the dissolving Agency will be transferred to the Town, acting in
its capacity as "Successor Agency" (as defined in the Dissolution Act) to the dissolving 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 Agency 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 Agency adopted its
Enforceable Obligation Payment Schedule on Augustl5, 2011 (the "Initial Schedule "), and
transmitted the adopted Initial Schedule to the Santa Clara County Auditor - Controller, the State
Controller, and the State Department of Finance, all in accordance with Section 34169(g) of the
Redevelopment Law; and
WHEREAS, to facilitate an orderly transfer of its Enforceable Obligations payment
responsibilities on February 1, 2012 to the Town, acting in its capacity as Successor Agency to
the Agency, and as authorized pursuant to Section 33169(g)(2) of the Redevelopment Law, the
Agency now desires to amend its previously adopted Initial Schedule in the form of a First
Amended Enforceable Obligation Payments Schedule referred to as the "First Amended
Schedule," which is on file with the Agency Secretary and Town Clerk Administrator; and
WHEREAS, the First Amended Schedule, referred to as "Exhibit A," amends the Initial
Schedule to update the schedule of payments for Enforceable Obligations and to extend that
schedule of payments through June 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 Initial Schedule and 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 continuation of an existing governmental funding mechanism for
potential future projects and programs, and does not commit funds to any specific project or
program, because it merely lists enforceable obligations previously entered into and approved by
the Agency; and
WHEREAS, the Agency's board of directors (the "Agency Board ") 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 Agency Board 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.
BE IT FURTHER RESOLVED, that the Agency Board finds, under Title 14 of the
California Code of Regulations, Section 15378(b)(4), that this resolution is exempt from the
requirements of CEQA in that it is not a project. The Agency Board therefore directs that a
Notice of Exemption be filed with the County Clerk of the County of Alameda in accordance
with the CEQA guidelines.
BE IT FURTHER RESOLVED, that the Agency Board hereby approves and adopts the
First Amended Schedule and declares that the First Amended Schedule amends and replaces the
Initial Schedule in its entirety.
BE IT FURTHER RESOLVED, that the Agency Board authorizes and directs the
Agency's Executive Director or the Executive Director's designee to: (1) post the First Amended
Schedule on the Agency or the Town's websites; (2) designate an Agency representative to
whom all questions related to the First Amended Schedule can be directed; (3) notify, by mail or
electronic means, the Santa Clara County Auditor - Controller, the State Department of Finance,
and the State Controller of the Agency's action to adopt the First Amended Schedule and to
provide those persons with the internet website location of the posted schedule and the contact
information for the Agency's designated contact; and (4) 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 Agency.
2
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
PASSED AND ADOPTED at a Special Meeting of the Redevelopment Agency of the
Town of Los Gatos, California, held on the 28 day of January, 2012 by following vote:
REDEVELOPMENT AGENCY MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Joe Pirzynski, Barbara Spector, and Chair Steve Rice
NOES:
ABSTAIN:
ABSENT:
SIGNE
I OF E DEVELOPMENT AGENCY
TOWN OF LOS GATOS, CALIFORNIA
ATTEST:
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SECRETARY OF THE REDEVELOPMENT AGENCY
TOWN OF LOS GATOS, CALIFORNIA