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HomeMy WebLinkAboutOSB Resolution 2014-02 4/30/2014Resolution No. 2014-02 Petaluma Oversight Board to the Petaluma Community Development Successor Agency A RESOLUTION OF THE OVERSIGHT BOARD OF THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY, ACKNOWLEDGING STATE CONTROLLER'S OFFICE REVIEW AND FINDINGS REGARDING TRANSFER OF HOUSING PROPERTIES, AND RETROACTIVELY APPROVING THE TRANSFER OF F I V E HOUSING PROPERTIES TO THE CITY OF PETALUMA, ACTING AS THE HOUSING SUCCESSOR AGENCY, PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34181(c) WHEREAS, the California state legislature enacted Assembly Bills x1 26 and 1484 to dissolve and unwind the affairs of redevelopment agencies formed under the Community Redevelopment Law (Health and Safety Code Section 33000 et sea.); and, WHEREAS, the City Council of the City of Petaluma (the "City Council") declared that the City of Petaluma, acting in a separate legal capacity and as a separate public entity pursuant to Health and Safety Code Section 34173(g), will act as successor agency (the "Successor Agency") for the dissolved Petaluma Community Development Commission (the "Dissolved PCDC") effective January 9, 2012; and, WHEREAS, an oversight board for the Successor Agency (tile "Oversight Board") has been established and is functioning in accordance with Health and Safety Code Section 34179; and, WHEREAS, pursuant to Health and Safety Code Section 34176(a)(1), the City Council elected that the City of Petaluma Housing Successor Agency (the "Housing Successor Agency") will retain the (lousing assets and functions previously performed by the Dissolved PCDC, and will serve as the successor housing agency of the Dissolved PCDC effective January 23, 2012; and, WHEREAS, on May 2, 2011, pursuant to Resolutions No. 2011-07 and 2011-08, the Dissolved PCDC transferred 5 housing properties to the City of Petaluma, identified as: OSB Resolution No. 2014-02 Page 1 • 3 Rocca Drive O 4 Jess Avenue • 6 Payran Street • 951 Petaluma Blvd., So. O 1416 Serpilio Way; and WHEREAS, the State Controller's Office (the "SCO") is conducting reviews of the assets of all the dissolved redevelopment agencies throughout the State, including the Dissolved PCDC's assets, and has preliminarily indicated its view that the transfer of 5 housing properties to the City on May 2, 2011 require Oversight Board approval and action directing transfer of those housing properties; and, WHEREAS, to comply with the SCO's view, the Oversight Board may pass a resolution retroactively directing transfer of the 5 housing properties to the City as the Housing Successor for the Dissolved PCDC, as authorized by Health and Safety Code Section 34181(c), including Oversight Board direction for the Successor Agency to enter into such documents and agreements as are appropriate to accomplish this transfer; and, WHEREAS, the proposed actions of the Oversight Board set forth in this Resolution were duly noticed 10 days in advance of the Oversight Board action in accordance with Health and Safety Code Section 34181(0; and, NOW, THEREFORE, BE IT RESOLVED that the Oversight Board of the Successor Agency hereby finds, resolves, approves, determines, and directs as follows: 1. The foregoing recitals are true and correct, and together with the following documents and information form the basis for the approvals, authorizations, findings, and determinations set forth in this Resolution: (1) the Staff Report; and (4) the information provided by the Successor Agency and City staff and the public. 2. In accordance Health and Safety Code Section 34181(c), the Oversight Board hereby retroactively authorizes and directs the transfer of the housing properties OSB Resolution No. 2014-02 Page 2 identified in this Resolution to the City of Petaluma, acting as the housing successor to the Dissolved PCDC. 3. The Successor Agency Executive Director, or the Executive Director's designee, is hereby authorized and directed to execute all documents and tape all actions necessary and appropriate to effectuate the transfer of the 5 housing properties to the City of Petaluma, as approved in Resolutions No. 2011-07 and 2011-08. 4. The transfer of the housing properties is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15301 (as an action resulting in continuation of an existing facility) and Section 15061(b)(3) (as an action which it can be seen with certainty will not have a significant effect on the environment). S. The Successor Agency is hereby directed to notify the Department of Finance of the actions set forth in this Resolution in accordance with Health and Safety Code Sections 34179(h) and Section 34181(f). 6. This Resolution shall take effect at the time and in the manner prescribed in Health and Safety Code Section 34179(h). REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Petaluma Oversight Board to the Petaluma Community Development Successor Agency at a Regular Meeting on the 30� of April, 2014, by the following vote: AYES: Duiven, Chair Healy, Berrington, Vice Chair Rabbitt, Scharer NOES: None ABSENT: Davis, Jolley ABSTAIN: None ATTEST: (iL17JZ_ _ Recording Secretary Chair OSB Resolution No. 2014-02 Page 3