HomeMy WebLinkAboutPCDC Resolution 2012-03 01/23/2012 RESOLUTION NO. 2012-03
PETALUMA COMMUNITY DEVELOPMENT COMMISSION
ADOPTING AN AMENDED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34169
WHEREAS, the Petaluma Community Development Commission ("Commission") is a
redevelopment agency formed, existing and exercising its powers pursuant to California
Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("CRL"); and,
WHEREAS, pursuant to subdivision (g) of Section 34169(g) of the CRL (enacted pursuant to
Assembly Bill xl 26), in August of 2011, the Commission adopted an Enforceable Obligation
Payment Schedule ("EOPS") listing enforceable obligations within the meaning of subdivision (d)
of Section 34167 of the CRL, through December 31, 2011; and,
WHEREAS, the Resolution adopting the EOPS reserved the right to amend the EOPS; and,
WHEREAS, following adoption of the EOPS, the Commission posted the EOPS on the
Commission website and provided notification of its adoption to the Department of Finance, the
State Controller's Office, and the Sonoma County Auditor-Controller, in compliance with the
CRL; and,
WHEREAS, Section 34169 provides that an EOPS can be amended at any public meeting
of the Commission; and,
WHEREAS, good cause appearing therefor, as set forth in the Staff Report accompanying
this Resolution, the Commission desires to amend the EOPS to include obligations through June
2012, which amended EOPS can serve as a guide to the Successor Agency until a Recognized
Payment Obligation Schedule ("ROPS") is adopted by the Successor Agency and approved by
the Oversight Board in accordance with the CRL; and,
WHEREAS, an amended EOPS, a copy of which is attached, has been presented to the
Commission, the Commission is familiar with the contents thereof, and the Executive Director has
recommended approval of the Amended EOPS, subject to the contingencies and reservation of
rights set forth in this Resolution; and,
WHEREAS, the Commission reserves the right to challenge the legality of Assembly Bill xl
26; and,
WHEREAS, the Commission reserves the right to further amend the Enforceable
Obligation Payment Schedule: and,
WHEREAS, in adopting the Amended Enforceable Obligation Payment Schedule, the
Commission does not intend to waive, nor shall the Commission be deemed to have waived any
rights the Commission or its successor may have pursuant to or in connection with any obligation
listed on such Amended Schedule, including without limitation, the right to modify, amend,
terminate or challenge any obligation listed on such Amended Schedule.
PCDC Resolution No. 2012-03 Page 1
NOW, THEREFORE, BE IT RESOLVED BY THE PETALUMA COMMUNITY DEVELOPMENT
COMMISSION that it hereby:
1. Finds that the Recitals set forth above are true and correct, and are incorporated herein
by reference.
2. Adopts the Amended Enforceable Obligation Payment Schedule attached hereto,
subject to all reservations of rights and contingencies set forth above.
3. Authorizes the Commission Executive Director or designee to take all actions necessary
to implement this Resolution, including without limitation, the posting of this Resolution
and the Amended Enforceable Obligation Payment Schedule on the Commission's
website, and the provision of notice of adoption of this Resolution and such Amended
Schedule to the County Auditor-Controller, the State Controller and the Slate
Department of Finance.
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 remaining
parts.
PASSED AND ADOPTED by the Board Members of the Petaluma Community Development
Commission on the 23rd day of January, 2012 by the following vote:
ADOPTED this 23rd day of January, 2012 by the following vote:
Commissioner Aye No Absent Abstain
Albertson X
Barrett X
Chair Glass X
Harris X
Healy X
Kearney X
Vice Chair Renee X
-0 / Yi
David Glass, Chair
ATTEST:
Okautieu
Claire Cooper, CMC, Recording cretary
APPROVED AS TO/ •R :
f
Eric W. Danly, General Counsel
/1 PCDC Resolution No.2012-03 Page 2