HomeMy WebLinkAboutStaff Report 4.E 02/06/2012 Public Comment L ate/Dacw,nevit - Itewv#4.E
Cooper,.Claire
From: REKB @aol:com
Sent: Friday, February 03, 2012 11:10 AM
To: - City Clerk, citymgr
Subject: Assumption of EOPS'costs and obligations
TO: Mayor David Glass
All City Council Members
SUBJECT: Resolution for Successor Agency to PCDC to Amend EOPS
Asa part owner/shareholder/resident/mortgagee (for city debt) I am asking you to please make public a listing
of the laws applicable under the second whereas in the proposed Attachment #1. It essentially states:
Whereas liability is limited pursuant to Section 34173(e)... and other applicable laws? Applicable laws means
nothing to anyone, not a judge, not a lawyer and I presume you have.not been told what it means, either.
l feel it would be extremely imprudent,to accept such an open ended statement that will be covering millions
of dollars in obligations. I think that pressing such a point is precisely the job of City Council. I do not mean a
data dump listing all the laws currently on the books. l,mean, a list of laws that a competent lawyer would
research before using the words "applicable laws". By profession, lawyers have access, knowledge, training,
information on court rulings; that you and I must rely on when asking for advice. Ignorance of the law has no
standing in court. So, I feel prudence dictates that before one accepts a financial obligation, one should at
least do minimal personal research on whatis written into the laws. I believe we all need to have the
opportunity to know what "other applicable laws" mean.
In the absence of this information, I offer these questions for you to consider.
1. Will City Council pass an ordinance requiring Assumed PCDC functions to be segregated from city
operations?
2. Will City Council pass an ordinance requiring a public vote for any and all transfers of money or money
equivalents in either direction?
3.. Will City Council place an automatic penalty on the City Manager or the appropriate director for
failure to comply?
4. Does California law make property owners the ultimate party stuck with paying the bill as cost over
runs;accumulate?
5. The,Enforceable Obligation Payment Schedule realistically extends out well over a decade. Over the
expenditure duration on PCDC projects listed, what is the total cost of all of these projects and
precisely where will,the extra moneycomefrom?
6. Since the Federal Reserve Board recently published its policy of 3% inflation being the long range
target,what source of revenue will be used to pay for escalating costs of those projects?
Therefore,,as an act ofprudence and duty, I ask you to require the City Attorney to list all laws that are, as the
resolution states, "other applicable laws."
Sincerely,
Richard'E. K. Brawn
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