HomeMy WebLinkAboutResolution 2012-007 N.C.S. 01/09/2012 Resolution No. 2012-007 N.C.S.
of the City of Petaluma, California
ELECTING TO SERVE AS SUCCESSOR AGENCY TO THE PETALUMA
COMMUNITY DEVELOPMENT COMMISSION PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34177
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
with the City ("Project Area"), pursuant to the California Community Redevelopment Law
(Health and Safety Code Section 33000 et seq.) (the "CRL"); 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 CRL; and,
WHEREAS, the California Legislature adopted, the Governor signed, and the California
Supreme Court, in California Redevelopment Association, et al. v. Ana Matosantos, et al., has
upheld ABX1 26, legislation that amends the CRL; provides that the Commission will be
dissolved effective as of February 1. 2012; and empowers a designated "successor agency" to
wind down the affairs of the Commission, subject to review and approval by a local Oversight
Board and the State of California; and,
WHEREAS, ABX1 26 designates the city that created a redevelopment agency as the
successor agency; and,
WHEREAS, ABX1 26 further provides that the City may elect not to serve as the
successor agency, provided that it files a duly authorized resolution of its governing body to that
effect with the county auditor-controller; and,
WHEREAS, the California Supreme Court has determined that such resolution must be
adopted and filed with the county auditor-controller no later than January 13, 2012; and,
WHEREAS, under ABX1 26, if a city that authorized the creation of a redevelopment
agency elects not to serve as a successor agency, the county auditor-controller shall determine
the first local agency in the county that elects to become the successor agency, or, if no local
agency elects to serve as the successor agency, the Governor shall appoint three county residents
to serve as the governing board of a designated local authority serving as a successor agency,
until a local agency elects to become the successor agency;and,
WHEREAS, the City Council of the City of Petaluma believes that it is in the best
interest of the community for the City to serve as the successor agency to the Commission
pursuant to ABX 1 26..
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
Resolution No. 2012-007 N.C.S. Page I
Section 1. All of the recitals above are true and correct and incorporated herein.
Section 2. Based on the foregoing recitals and the information provided to the City
Council by City staff, the City Council hereby declares that the City of Petaluma elects to serve
as successor agency to the Petaluma Community Development Commission and to assume the
responsibilities, rights and powers of a successor agency pursuant to Health and Safety Code
Section 34177 and other applicable law.
Section 3. The City Manager is hereby authorized to take all action necessary to
effectuate this Resolution.
Section 4. This Resolution is effective on the day-of its adoption.
Section 5. 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 •rov d as to
Council of the City of Petaluma at a Regular meeting on the 9th day of January. •rm:
2012, by the following vote:
C: Attorney
AYES: Albertson. Barren, Mayor Glass. Harris. l lealy.Kearney, Vice Mayor Renee
NOES: None
ABSENT: None
ABSTAIN: None
I t2 j
ATTEST: ��L� 'ak _i' W J4J p
City Clerk Mayor
Resolution No. 2012-007 N.C.S. Page 2