HomeMy WebLinkAboutPCDSA Resolution 2013-02 1/7/2013 Resolution No. 2013-02
of the Petaluma Community Development
Successor Agency
ADOPTING A JULY 1, 2013 THROUGH DECEMBER 31, 2013
RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS#4") PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34177 (1)
WHEREAS, the City Council established the Petaluma Community Development
Successor Agency (PCDSA) pursuant to Health and Safety Code Section 34173(g) on August
6, 2012 by Resolution No. 2012-118 N.C.S.; and,
WHEREAS, the PCDSA authorized and assumed all actions taken by the City acting as
the Successor Agency to the former Petaluma Community Development Commission by
Resolution No. 2012-03; and,
WHEREAS,the liability of Petaluma Community Development Successor Agency
(PCDSA) is limited pursuant to Health and Safety Code Section 34173(e) and other applicable
law; and,
WHEREAS, the PCDSA is required to adopt a six month budget referred to as the
Recognized Obligation Payment Schedule (ROPS), which it has done for each of the initial six-
month periods of the newly formed PCDSA; and,
WHEREAS, the fourth ROPS covering the period from July 1, 2013 through December
31, 2013 is due to the State Department of Finance by March 1, 2013; and,
WHEREAS, the Oversight Board for the PCDSA must review and approve the fourth
ROPS prior to submission of the fourth ROPS to the State Department of Finance; and,
WHEREAS, in adopting ROPS #4,the PCDSA will comply with all applicable posting
and notification requirements, including posting the ROPS #4 on the Successor Agency's
website and providing a copy thereof to the Oversight Board for the PCDSA, the County
Administrative Officer, the Department of Finance, and the Sonoma County Auditor-
Controller; and,
WHEREAS,a draft ROPS #4 for the period July 1 through December 31, 2013, a copy
of which is attached, has been presented to the PCDSA, the PCDSA is familiar with the
contents thereof, and the Executive Director has recommended approval of the draft ROPS
#4, subject to the contingencies and reservation of rights set forth in this Resolution; and,
WHEREAS, the PCDSA reserves the right to challenge the legality of Assembly Bill xl
26,AB 1484 and/or any implementing regulations, and to rescind its acceptance of Successor
Agency rights and obligations, and reserves any and all rights concerning Assembly Bill xl 26
and AB 1484 pursuant to applicable law; and,
WHEREAS, the PCDSA reserves the right to further amend the ROPS #4; and,
WHEREAS, in adopting the ROPS #4, the PCDSA does not intend to waive, nor shall
the PCDSA be deemed to have waived any rights the PCDSA may have pursuant to or in
connection with any obligation listed on the ROPS #4, including without limitation, the right
to modify, amend, terminate or challenge any obligation listed on the ROPS #4.
PCDSA Resolution No.2013-02 Page 1
NOW,THEREFORE, BE IT RESOLVED BY PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE
34171(j), that the Petaluma Community Development Successor Agency hereby:
1. Finds that the Recitals set forth above are true and correct, and are incorporated
herein by reference.
2. Approves the Recognized Obligation Payment Schedule for the period July 1
through December 31, 2013 (ROPS #4),attached hereto as Exhibit A, pursuant to
Health and Safety Code section 341770), subject to all reservations of rights and
contingencies set forth above.
3. Authorizes and directs the Executive Director or designee to take all actions
necessary to implement this Resolution, including without limitation, the
submission of the draft ROPS #4 simultaneously to the Oversight Board for the
PCDSA, the Sonoma County Administrative Officer, the Sonoma County Auditor-
Controller, and the State Department of Finance; and the posting of this Resolution
and the Recognized Obligation Payment Schedule #4 on the Successor Agency's
website.
4. Declares that if any provision, sentence, clause, section or part of this Resolution is
found to be unconstitutional, illegal or invalid,such finding shall affect only such
provision, sentence, clause, section or part,and shall not affect or impair any of the
remaining parts
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Petaluma Community Development Successor Agency at a Regular Meeting on the
7^of January,2013,by the following vote:
AYES: Albertson,Barrett,Glass,Harris,Healy,Kearney,Miller General Counsel
NOES: None
ABSENT: None
ABSTAIN: None �/ Q, // ///
ATTEST: o! Lu l SLR gr&t
Recording Secretary air
PCDSA Resolution No.2013-02 Page 2