HomeMy WebLinkAboutResolution 2012-009 N.C.S. 01/23/2012 Resolution No. 2W 2-009 N.C.S.
of the City of Petaluma, California
ELECTING TO RETAIN THE HOUSING ASSETS AND FUNCTIONS OF THE
PETALUMA COMMUNITY DEVELOPMENT COMMISSION PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34176(a)
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 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 M4atosantos, et at._has
upheld ABX 126, legislation that amends the CRL;provides that the Commission will be
dissolved effective as of February 1, 2012; and further provides that the City may elect to retain
the responsibility for performing housing functions previously performed by the Commission, in
which event all rights, powers, assets, liabilities, duties and obligations associated with the
housing activities of the Commission, excluding any amounts in the Commission's Low and
Moderate Income Housing Fund, shall be transferred to the City in accordance with the
provisions of Health and Safety Code Section 34176(a); and,
WHEREAS, pursuant to Health and Safety Code Section 34176(6), in the event that the
City did not elect to retain the Commission's housing assets and functions, the transferee would
be the local housing authority in the territorial jurisdiction of the former redevelopment agency,
which in this instance would be the Sonoma County Housing Authority, or, if there were no local
housing authority in the territorial jurisdiction, the transferee would be the State Department of
Housing and Community Development; 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 retain the housing assets and functions previously
performed by the Commission.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
as follows:
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 retain
the housing assets and functions previously performed by the Petaluma Community
Development Commission and to assume the transfer thereof in accordance with Health and
Safety Code Section 34176(a) and other applicable law.
Resolution No.2012-009 N.C.S. Page 1
Section 3. The City Manager is hereby authorized to takealLaction 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 remainingparts.
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 Ap ro ed as to
Council of the City of Petaluma at a Regularmeetin_on the 231d day of January. orm:
2012. by the following vote:
Ci y Attorney
AYES: Albertson.Barrett. Mayor Glass. Harris. Healy. Kearney. Vice Mayor Renee.
NOES: None
ABSENT: None
ABSTAIN: None
(9,
ATTEST: b _sone ��_
City Clerk ayor
Resolution No. 2012-009 N.C.S. Page 2