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09-06-2022 Successor Agency Make-whole Claim Resolution

East Palo Alto City Council
September 6, 2022

Document
09-06-2022 Successor Agency Make-whole Claim Resolution
Meeting
September 6, 2022
Body
East Palo Alto City Council
Original file
65 KB
Text extracted from the city's file for reading and search. Open the original on eastpaloalto.iqm2.com. That file is the official record.

RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO

ACTING AS THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE

FORMER REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO

APPROVING A CONTRACTUAL PASS-THROUGH OBLIGATION PAYMENT OF A MAXIMUM OF $134,834 TO THE SAN MATEO COUNTY COMMUNITY COLLEGE DISTRICT FOR FISCAL YEAR 2022-23
WHEREAS, pursuant to section 34172(a) of the California Health and Safety Code, the Redevelopment Agency of the City of East Palo Alto (the “Former Agency”) has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to section 34173, and the Successor Agency to the Former Redevelopment Agency of the City of East Palo Alto (the “Successor Agency”) has become the successor entity to the Former Agency; and
WHEREAS, on November 28, 1988, the Former Agency adopted Resolution No. 34 approving an agreement with the San Mateo County Community College District titled, “Agreement to Alleviate Financial Burden or Detriment from the East Palo Alto University Circle Redevelopment Project” herein known as “Agreement” and incorporated and attached to this Resolution; and
WHEREAS, in accordance with Article II, Section 2.01 of the Agreement, on March 13, 2021, the San Mateo County Community College District submitted a letter to the San Mateo County Controller’s Office invoking payments of certain amounts as described in Article 1, Section 1.01 and Section 1.02 in the event that the State funding formula for local school districts is changed; and
WHEREAS, in accordance with Article II Section 2.01 of the Agreement, any such claim submitted by San Mateo County Community College District shall be prima facie evidence of financial burden or detriment caused by the former University Circle Redevelopment Project Area; and
WHEREAS, calculated and estimated claim amounts are discharged through Redevelopment Property Tax Trust Fund (“RPTTF”) distributions of excess and available revenues and approved obligation payments herein; and
WHEREAS, the San Mateo County Controller’s Office collects property tax and calculates pass through obligations of the Former Agency in accordance with Dissolution Statutes and applied methodology; and
WHEREAS, San Mateo County has requested the Successor Agency approve the obligation due in accordance with Agreement Article II, Section 2.02, and the calculated amount of $134,834 is the maximum remaining amount due of the total amount of the obligation requested under the Agreement.

NOW, THEREFORE, THE CITY COUNCIL ACTING AS THE GOVERNING

BOARD OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO HEREBY:

1. Approves the maximum of $134,834 contractual pass-through obligation due to the San Mateo County Community College District in FY 2022-23 pursuant to a former Agency Agreement approved by Resolution No. 34 on November 28, 1988; and

2. Approves of the San Mateo County Controller’s Office including such amount in the calculation of contractual pass-through obligations due to San Mateo County Community College District.

PASSED AND ADOPTED this 6
th day of September 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:

Ruben Abrica, Successor Agency Chair
ATTEST:

Patrick Heisinger
Successor Agency Secretary
APPROVED AS TO FORM:

Valerie Armento
Successor Agency Counsel

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