2011-060 - Agency transfer payment agreement with TLGRESOLUTION NO. 2011-060
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE TOWN
OF LOS GATOS CONDITIONALLY APPROVING AND AUTHORIZING
THE EXECUTION OF THE AGENCY TRANSFER PAYMENT
AGREEMENT WITH THE TOWN OF LOS GATOS PURSUANT TO
PART 1.9 OF THE REDEVELOPMENT LAW
WHEREAS, pursuant to the California Community Redevelopment Law (Health and
Safety Code Section 33000 et sec.; the "Redevelopment Law "), the Town Council (the
"Council ") of the Town of Los Gatos (the "Town ") adopted in accordance with the
Redevelopment Law, Ordinance No. 1882 on November 25, 1991 adopting the Redevelopment
Plan for the Central Los Gatos Redevelopment Project (the "Redevelopment Plan "); and
WHEREAS, 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, 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 1l,'201 1, 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 Council's ratification thereafter; 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 equal to 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 Agency
Transfer Payment 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 ratified by the Agency; 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 Agency Board has reviewed and duly considered the Staff Report,
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 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.
BE IT FURTHER RESOLVED, that the Agency Board hereby approves the Agency
Transfer Payment Agreement and authorizes the Agency Executive Director or the Executive
Director's designee to execute on behalf of the Agency the Agency Transfer Payment
Agreement, substantially in the form on file with the Town Clerk and the Agency Secretary and
with such revisions thereto as may be approved by the Agency Counsel.
BE IT FURTHER RESOLVED, that the Agency Board authorizes the Agency's
Executive Director or the Executive Director's designee to take such other actions and execute
such other documents as are appropriate to effectuate the intent of this Resolution and to
implement the Agency Transfer Payment Agreement on behalf of the Agency.
BE IT FURTHER RESOLVED, that this Resolution shall take immediate effect upon
adoption.
The above and foregoing resolution was duly and regularly passed and adopted at a regular
meeting by the Redevelopment Agency of the Town of Los Gatos on the 6th day of September,
2011 by the following vote:
REDEVELOPMENT AGENCY MEMBERS:
AYES: Steven Leonardis, Diane McNutt, Steve Rice, Barbara Spector, Mayor Joe Pirzynski
1►[AII&I
ABSENT:
ABSTAIN:
SIGNED: 4
CHAIR OF THE REDEVELOPMENT AGENCY
TOWN OF LOS GATOS, CALIFORNIA
ATTEST:
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SECRETARY OF THE REDEVELOPMENT AGENCY
TOWN OF LOS GATOS, CALIFORNIA