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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