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HomeMy WebLinkAboutPCDSA Resolution 2014-01 02/03/2014 Resolution No. 2014-01 of the Petaluma Community Development Successor Agency ADOPTING A JULY 1, 2014 THROUGH DECEMBER 31, 2014 RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS 14-15a")AND ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 (m) WHEREAS,the City of Petaluma (City) resolved to act as the Petaluma Community Development Commission Successor Agency (PCDSA or Successor Agency) to,and assumed all rights and obligations of,the former Petaluma Community Development Commission (PCDC), by Resolution No. 2012-03; and, WHEREAS,the City Council established the PCDSA as an independent public entity pursuant to Health and Safety Code Section 34173(g), on August 6, 2012, by Resolution No. 2012-118 N.C.S.; and, WHEREAS,the liability of the 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 enforceable obligation payment schedule referred to as the Recognized Obligation Payment Schedule (ROPS), and an administrative budget, which it has done for each of the initial six-month periods of the newly formed PCDSA; and, WHEREAS, the sixth ROPS (ROPS 14-15A) and administrative budget, covering the period from July 1, 2014 through December 31, 2014, are due to the State Department of Finance (DOF) by March 1, 2014; and, WHEREAS, the Oversight Board for the PCDSA must review and approve the ROPS 14-15A and administrative budget prior to their submission to DOF; and, WHEREAS, in adopting ROPS 14-15 A, the PCDSA will comply with all applicable posting and notification requirements, including posting the ROPS 14-15A 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 14-15A and administrative budget for the period July 1, 2014 through December 31, 2014, a copy of which is attached as Exhibit A& B, has been presented to the PCDSA, the PCDSA is familiar with the contents thereof,and the Executive Director has recommended approval of the same, 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 x1 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, PCDSA Resolution No.2014-01 Page 1 WHEREAS,the PCDSA reserves the right to further amend the ROPS 14-15A and administrative budget; and, WHEREAS, in adopting the ROPS 14-15A and administrative budget, 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 14-15A and administrative budget, including without limitation,the right to modify, amend,terminate or challenge any obligation listed on the ROPS 14-15A or the administrative budget. 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, 2014 through December 31, 2014 (ROPS 14-14A) and the administrative budget, attached hereto as Exhibit A& B, pursuant to Health and Safety Code section 34177(m), subject to all reservations of rights and contingencies set forth above. 3. Authorizes and directs the Executive Director or his designee to take all actions necessary to implement this Resolution, including without limitation, the submission of the draft ROPS 14-15A.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 14-15A 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 remainder. 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 fo 3rd of February,2014,by the following vote: AYES: Albertson,Barrett,Glass,Harris,Healy,Kearney General Cou I NOES: None ABSENT: Miller ABSTAIN: None // ATTEST: / Recording Secretary Chair PCDSA Resolution No.2014-01 Page 2