HomeMy WebLinkAboutRDA Reso 26-2011 RESOLUTION NO. 26 -2011
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SOUTH SAN FRANCISCO ACKNOLEDGING
AND APPROVING CERTAIN PAYMENTS AND
REIMBURSEMENTS TO THE CITY OF SOUTH SAN
FRANCISCO.
WHEREAS, the South San Francisco Redevelopment Agency ( "Agency ") is a
redevelopment agency formed, existing and exercising its powers pursuant to California
Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ( "CRL ");
WHEREAS, pursuant to authority granted under the CRL, the City Council ( "City
Council ") of the City of South San Francisco ( "City ") has adopted and amended, from time to time,
Redevelopment Plans (the "Redevelopment Plans ") for the Shearwater Project Area, Downtown
Central Project Area, Gateway Project Area and the El Camino Project Area (the "Project Areas ");
WHEREAS, the Agency has the responsibility to implement the Redevelopment Plans in
accordance with the CRL;
WHEREAS, pursuant to Part 1.9 of Division 24 of the Health and Safety Code
(commencing with Section 34192) ( "Part 1.9 "), the City may adopt an Ordinance as specified in
Section 34193 (the "Remittance Ordinance "), agreeing to make certain annual remittances to
the San Mateo County Auditor - Controller ( "Remittances ");
WHEREAS, pursuant to Health and Safety Code Section 34194.2, the City and the
Agency may enter into an agreement whereby the Agency will annually transfer a portion of its
tax increment to the City in an amount not to exceed the Remittances for the purpose of
financing activities within the Project Areas that are related to accomplishing the Agency goals
( "Remittance Agreement ");
WHEREAS, the effectiveness of Part 1.9 has been stayed by order of the California
Supreme Court;
WHEREAS, the Agency has historically paid or reimbursed the City for a proportional
share of certain City employee, property maintenance, and overhead and administrative costs and
expenses that are necessary for the operation of the Agency and the carrying out of
redevelopment activities ( "Overhead, Staff and Property Maintenance Expenses ");
WHEREAS, pursuant to Part 1.8 of Division 24 of the Health and Safety Code
(commencing with Section 34161), the Agency is currently not permitted to enter into new
contracts;
WHEREAS, the Agency Board desires to express its intent that the Agency: (i) continue
to pay a proportional share of Overhead, Staff and Property Maintenance Expenses in proportion
to the benefit derived by the Agency from such services and expenses in furtherance of
redevelopment activities and Agency operations, and (ii) enter into a formal agreement with the
City for such purpose when the Agency is permitted to do so;
WHEREAS, the Agency Board desires to express its intent that the Agency: (i) make
the payments to the City permitted by Health and Safety Code Section 34194.2, and (ii) enter
into a Remittance Agreement with the City when the City adopts a Remittance Ordinance and
the Agency is permitted to enter into new agreements; and
WHEREAS, the Agency Board desires to ensure that the Agency's payment obligations
as described in this Resolution are included on the Agency's 2011 -12 Statement of Indebtedness,
which staff must turn into the County of San Mateo by September 30, 2011.
NOW, THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT
AGENCY OF THE CITY OF SOUTH SAN FRANCISCO HEREBY:
1. Authorizes the Agency to reimburse the City for the Agency's proportional share
of Overhead, Staff and Property Maintenance Expenses as necessary for the operation of the
Agency and the carrying out of redevelopment activities.
2. At such time that the Agency is permitted to execute new agreements, authorizes
the Agency Executive Director to execute an agreement with the City memorializing the
Agency's obligation to pay a proportional share of Overhead, Staff and Property Maintenance
Expenses as necessary for the operation of the Agency and the carrying out of redevelopment
activities in form approved by the Agency Executive Director in consultation with Agency
Counsel.
3. At such time that the Agency is permitted to execute new agreements, provided
that the City has adopted a Remittance Ordinance, authorizes the Agency Executive Director to
execute a Remittance Agreement in form approved by the Agency Executive Director in
consultation with Agency Counsel, pursuant to which the Agency will be obligated to annually
transfer a portion of its tax increment to the City in an amount not to exceed the Remittances.
4. Directs staff to list the Agency's payment obligations described in this Resolution
on the Agency's 2011 -12 Statement of Indebtedness.
5. Authorizes the Agency Executive Director and the Agency Finance Officer to
take such other actions and to execute such other instruments as necessary to carry out the intent
of this Resolution.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Redevelopment Agency of the City of South San Francisco at a Special meeting held on the
28 day of September, 2011 by the following vote:
AYES: Boardmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto,
Vice Chair Richard A. Garbarino and Chairman Kevin Mullin
NOES: None
ABSTAIN: None
ABSENT: None
ATTEST:
ige Secretary