HomeMy WebLinkAboutResolution 2012-018 N.C.S. 02/06/2012 Resolution No. 2012-018 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PETALUMA, ACTING AS SUCCESSOR AGENCY TO THE
FORMER PETALUMA COMMUNITY DEVELOPMENT COMMISSION
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34171(j),
ADOPTING AN AMENDED ENFORCEABLE OBLIGATION PAYMENT
SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(a)(1)
WHEREAS, pursuant to Health and Safety Code Section 34171(j) and Resolution No.
2012-007 N.C.S. adopted January 9, 2012, the City Council of the City of Petaluma ("City") is
the successor agency ("Successor Agency") to the former Petaluma Community Development
Commission ("PCDC"), which was dissolved as of February 1, 2012; and,
WHEREAS, the liability of the City acting as Successor Agency is limited pursuant to
Health and Safety Code Section 34173(e) and other applicable law; and,
WHEREAS, pursuant to Health and Safety Code Section 34169(g), on August 24, 2011,
the PCDC adopted an Enforceable.Obligation Payment Schedule ("EOPS") listing enforceable
obligations within the meaning of subdivision (d) of Section 34167 of the CRL, through
December31, 2011; and,
WHEREAS, by PCDC Resolution No. 2012-03 adopted on January 23, 2012, the PCDC
amended the EOPS to list enforceable obligations through June 30, 2012; and,
WHEREAS, in adopting the EOPS and the amendment thereto, the PCDC complied with
all applicable posting and notification requirements, including by posting the FOPS on the
PCDC website and providing notification of its adoption to the Department of Finance, the State
Controller's Office, and the Sonoma County Auditor-Controller; and,
WHEREAS, Health and Safety Code Section 34177(a)(1) provides that the initial EOPS
of a successor agency shall be the last schedule adopted by the former redevelopment agency,
and further provides that the successor agency may amend the FOPS at any public meeting; and,
WHEREAS, good cause appearing therefor, as set forth in the Staff Report accompanying
this Resolution. the City acting as the Successor Agency desires to further amend the FOPS to
include additional enforceable obligations for which payments must be made pending approval
of a Recognized Payment Obligation Schedule ("COPS") by an Oversight Board to be appointed
pursuant to Health and Safety Code Section 34179; and,
WHEREAS, an Amended FOPS, a copy of which is attached, has been presented to the
City, the City is familiar with the contents thereof, and the City Manager has recommended
approval of the Amended TOPS, subject to the contingencies and reservation of rights set forth
in this Resolution; and,
Resolution No. 2012-0I8N.C.S. Page I
WHEREAS, the City as the Successor Agency reserves the right to challenge the legality
of Assembly Bill xl 26 and/or any implementing regulations, to at a later time rescind its
acceptance of Successor Agency rights and obligations, and reserves any and all rights
concerning Assembly Bill xl 26 pursuant to applicable law; and,
WHEREAS, the City as the Successor Agency reserves the right to further amend the
Enforceable Obligation Payment Schedule pursuant to Health and Safety Code section 34169;
and,
WHEREAS, in adopting the Amended Enforceable Obligation Payment Schedule, the
City as Successor Agency does not intend to waive, nor shall the City be deemed to have waived
any rights the City 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PETALUMA, ACTING AS SUCCESSOR AGENCY TO THE FORMER
PETALUMA COMMUNITY DEVELOPMENT COMMISSION PURSUANT TO
HEALTH AND SAFETY CODE 34171(j), that the City Council 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
pursuant to Health and Safety Code section 34177(a)(1), subject to all reservations of rights and
contingencies set forth above.
3. Authorizes and directs the City Manager 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 Successor Agency'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 State 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 shalt not affect or impair any of the remaining parts.
Under the power and authority conferred upon this Council by the Charter of said City.
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REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the pp stied as o
Council of the City of Petaluma at a Regular meeting on the 6ih day of February, orm:
2012,by the following vote:
City Attorney
AYES: Albertson, Barrett, Mayor Glass, Harris, Healy, Kearney, Vice Mayor Renee
NOES: None
ABSENT: None
ABSTAIN: None ,fI
ATTEST: QkO— J/(vim/ ELY(-11--j2)- (
Cit±Clerk Mayor
Resolution No.2012-0I8N.C.S. Page 2