HomeMy WebLinkAboutResolutions 2011-139 N.C.S. 09/19/2011 Resolution No. 2011 -139 N.C.S.
of the City of Petaluma, California
A NON- BINDING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PETALUMA DECLARING ITS INTENT TO PARTICIPATE IN THE VOLUNTARY
ALTERNATIVE REDEVELOPMENT PROGRAM AND TO ENTER INTO A
REMITTANCE AGREEMENT BY AND BETWEEN THE CITY OF PETALUMA AND
THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
WHEREAS, the City Council of the City of Petaluma ( "City ") approved and adopted the
Redevelopment Plan for the Central Business District Redevelopment Project and the Petaluma
Community Development Project ( "Redevelopment Plans ") covering certain properties within
the City ( "Project Areas "); and,
WHEREAS, the Petaluma Community Development Commission ( "Commission ") is a
redevelopment agency engaged in activities to execute and implement the Redevelopment Plans
pursuant to the provisions of the California Community Redevelopment Law (Health and Safety
Code Section 33000, et seq.) (the "CRL "); and,
WHEREAS, the Legislature of the State of California adopted Assembly Bill xl 26
( "AB 26 "), which amends Sections 33500, 33501, 33607.5 and 33607.7 of the CRL and adds Part
1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) to Division
24 of the Health and Safety Code, and adds Sections 97.4 and 98.2 to the Revenue and Taxation
Code; and,
WHEREAS, concurrently with the adoption of AB 26, the State Legislature adopted
Assembly Bill xl 27 ( "AB 27"), which adds Part 1.9 (commencing with Section 34192) to Division
24 of the Health and Safety Code ( "Alternative Voluntary Redevelopment Program "); and,
WHEREAS, AB 26 suspends virtually all redevelopment activities as of its effective
date and dissolves the Commission effective October 1, 2011 unless the City adopts an ordinance
agreeing to comply with the Alternative Voluntary Redevelopment Program; and,
WHEREAS, pursuant to Health and Safety Code Section 34192, if a city that includes a
redevelopment agency complies with all requirements and obligations contained in the Alternative
Voluntary Redevelopment Program established in AB 27, the redevelopment agency will be exempt
from the provisions of AB 26, including but not limited to the suspension and dissolution
provisions, and any other conflicting provision of law; and,
WHEREAS, in keeping with the goals of the Commission to eliminate and reduce blight in
accordance with the Redevelopment Plans and the Implementation Plan for the Project Areas, the
City desires to comply with the requirements and obligations contained in AB 27 in order to
Resolution No. 2011-139 N.C.S. Page 1
continue redevelopment activities within the City and to fund projects that will eliminate blighting
conditions in the Project Areas; and,
WHEREAS, pursuant to Health and Safety Code Section 34193, a redevelopment agency
may continue to exist and carry out the provisions of the CRL only upon the enactment of an
ordinance adopted by the City to comply with the provisions of AB 27 on or before November 1,
2011; and,
WHEREAS, to that end, on August 24, 2011, the City Council was scheduled to introduce
an Ordinance to comply with the requirements and obligations contained in AB 27 in order to
continue redevelopment activities within the City and to fund projects that will eliminate blighting
conditions in the Project Areas, and scheduled a second reading and adoption of said Ordinance for
the City Council's next regularly scheduled meeting on September 12, 2011; and,
WHEREAS, the August 24, 2011 Agenda for the City Council and the Commission Board
also included for consideration the adoption of resolutions to appropriate funds to make certain
remittances to the County Auditor- Controller pursuant to Section 34194 and to approve a
Remittance Agreement between the City and the Commission pursuant to Health and Safety Code
Section 34194.2 (collectively, the "AB 27 Agenda Items "); and,
WHEREAS, on August 11, 2011, in California Redevelopment Association, et al. v. Ana
Matosantos, et al., a challenge to the constitutionality of AB 26 and AB 27, the California Supreme
Court issued an order staying portions of AB 26 and all of AB 27, pending its decision in the case;
and,
WHEREAS, on August 17, 2011, the California Supreme Court issued an order modifying
its order of August 11, 2011, in part, but continuing the stay of the Voluntary Alternative
Redevelopment Program; and,
WHEREAS, as of September 19, 2011, the City and Commission remain subject to the
California Supreme Court's stay orders; and,
WHEREAS, in order to ensure that the voluntary payment to the County Auditor-
Controller pursuant to Section 34194 is included in the October 1, 2011 Statement of Indebtedness
of the Commission, the City Council desires to declare its intention to participate in the Alternative
Voluntary Redevelopment Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. All of the recitals above are true and correct and are incorporated herein.
Resolution No. 201 1 -139 N.C.S. Page 2
Section 2. The City Council of the City of Petaluma declares its intent, if and when
legally permitted to do so, to: (1) adopt an Ordinance providing for the City of Petaluma's
participation in the Alternative Voluntary Redevelopment Program; and (2) take all steps
authorized pursuant to AB 27 to implement said Ordinance, including without limitation entering
into a Remittance Agreement with the Petaluma Community Development Commission.
Section 3. The City desires to reserve all of its rights to challenge the validity of any
and all provisions of AB 26 and AB 27 in any administrative or judicial proceeding, or to repeal
such Ordinance as adopted, in the event that any provisions of AB 26 or AB 27 are found to be
invalid or unlawful, without prejudice to the City's right to recover any amounts remitted under AB
27.
Section 4. If any provision, 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.
Under the power and authority conferred upon this Council by the Charter of said City. /
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the /• pp vef as to
Council of the City of Petaluma at a Regular meeting on the 19` day of September, o :
2011, by the following vote:
City t�ttorney
AYES: Albertson, Barrett, Mayor Glass. Harris, Vice Mayor Healy, Kearney, Renee /�
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: 1 GCS' 411
City Clerk k Mayor
Resolution No. 2011-139 N.C.S. Page 3