HomeMy WebLinkAboutStaff Report 5.A 03/19/2012 B-LU:t A e/n a' Itenni#5 A
385e
DATE: March 19, 2012
TO: Members of the City Council
FROM: John C. Brown, City Manager
SUBJECT: Mayor's Appointments to the Oversight Board for the Successor Agency of the
Former Petaluma Community Development Commission.
RECOMMENDATION
It is recommended that the City Council confirm the Mayor's appointments to the Oversight
Board for the Successor Agency of the former Petaluma Community Development Commission
(PCDC).
BACKGROUND
The Governor signed several budget-related bills in late June 2011, including AB xl 26 (The
"Dissolution Act"), which eliminates redevelopment agencies, and AB xl 27(the "Voluntary
Program Act"), which allows an agency to remain active if the City agrees to make annual
payments to the County Auditor-Controller. The State Supreme Court reviewed both bills and
determined that AB xl 26. is constitutional and AB x2 27 is unconstitutional, effectively
eliminating all California Redevelopment Agencies on February 1, 2012. On January 9, 2012,
the Council elected to become the Successor Agency to the former PCDC. The legislation
requires the establishment of an oversight board for the Successor Agency by May 1, 2012.
The Oversight Board will supervise the activities of the Successor Agency as they relate to
dissolution of the former PCDC, and the enforcement of ongoing obligations. The Board will
have.:a fiduciary responsibility to holders of enforceable obligations and the taxing entities that
benefit from distribution of property taxes under this law.
The Oversight Board is a seven-member body, which for Petaluma includes representatives of
• The County of Sonoma (2 seats)
• The Sonoma County Water Agency(1 seat)
• The County Superintendent of Education (1 seat)
• The Chancellor of the California Community Colleges (1 seat)
• The City of Petaluma (2seats)
Agenda Review:
City Attorney___,_, Finance Director City.Manage r�/d
The two City appointments are to be made by the Mayor. One of those appointments represents
the City as the entity that established the former redevelopment agency. The other appointment
represents the employees of the former redevelopment agency. This second appointment is to be
made from the recognized employee organization representing the largest number of former
redevelopment agency employees employed by the successor agency at the time it was dissolved.
In Petaluma, that group is the Petaluma Professional and Mid-Management Association, which
represents bargaining groups 4, 9, and 11. Unit 9, mid-level managers, represented the largest
numbers of employees charged in whole or in part to the former agency at the time of its
dissolution.
DISCUSSION
Although the legislation specifies that appointments be to be made by the Mayor, Petaluma's
Charter requires that the Council approve Mayoral appointments, and so this matter is placed on
the Council's agenda for consideration. I have discussed this matter with the Mayor, and his
recommended appointments are as follows:
Position 1: Mayor David Glass. The Mayor would further appoint Council
Member Barrett, as his alternate.
Position 2: Scott Duiven, Senior Planner, Former PCDC employee who is
represented by Unit 9.
The County and Water Agency Board have already made their appointments to the Oversight
Board, as has the County Superintendent of Education. Once the Community College's
appointment is made, successor agency staff will convene the meetings of the Oversight Board,
as necessary, so that it may discharge its duties.
FINANCIAL IMPACTS
These Oversight Board members will not receive financial compensation for this appointment,
thus there will not be a financial impact to the City of Petaluma related to this action. Staff costs,
and the costs of materials provided to the Oversight Board in support of its responsibilities will
be supported by tax increment funding earmarked for successor agency administration.
ATTACHMENTS
I. Resolution
Page 2
ATTACHMENT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PETALUMA CONFIRMING APPOINTMENTS
TO THE OVERSIGHT BOARD FOR THE SUCCESSOR
AGENCY TO THE FORMER PETALUMA
COMMUNITY DEVELOPMENT COMMISSION
WHEREAS, AB xl 26, as upheld by the California Supreme Court, eliminated all California
redevelopment agencies as of February 1, 2012 and authorizes a Successor Agency overseen by
an Oversight Board to wind down former redevelopment agency activities; and
WHEREAS, on January 9, 2012, pursuant to Health and Safety Code Sections 34171(j) and
34173(e), the City Council of the City of Petaluma elected that the City would act as the
Successor Agency to the former Petaluma Community Development Commission ('PCDC"), a
redevelopment agency that was formed and existed pursuant to the California Community
Redevelopment Law, Health and Safety Code Section 33000 et seq.; and
WHEREAS, an Oversight Board for the Successor Agency, made up of representatives
appointed by designated taxing entities, must be appointed by May 1, 2012; and
WHEREAS, the Oversight Board will supervise the activities of the Successor Agency as they
relate to dissolution of the former PCDC, and the enforcement of ongoing obligations; and
WHEREAS, Health and Safety Code Section 34179(a) (2) & (7)provides that the mayor for the
city that created the redevelopment agency shall appoint two members of the seven-member
Oversight Board; and
WHEREAS, the first mayoral appointee shall represent the City as the entity that established the
former PCDC; and
WHEREAS, the second mayoral appointee shall represent the employees of the former PCDC
and is selected from the recognized employee organization representing the largest number of
former PCDC employees employed by the Successor Agency at the time the PCDC was
dissolved; and
WHEREAS, for the City of Petaluma, the recognized employee organization representing the
largest number of former PCDC employees is the Petaluma Professional and Mid-Management
Association, which represents bargaining groups 4, 9, and 11, and Unit 9, mid-level managers,
represented the largest numbers of employees charged in whole or in part to PCDC at the time
of its dissolution; and
WHEREAS, Mayor David Glass (the "Mayor") has appointed himself and Scott Duiven as the
two City appointees to the Oversight Board, and has appointed Theresa Barrett as the alternate
representative of the City as the entity that established the former PCDC.
Page 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as
follows:
1. The Mayor's appointment of Mayor David Glass to the Oversight Board as the representative
of the City as the entity that established the former Petaluma Community Development
Commission is hereby confirmed.
2. The Mayor's appointment of Scott Duiven as the representative of the recognized employee
organization representing the largest number of former PCDC employees is hereby confirmed.
3. The Mayor's appointment of Theresa Barrett as the alternate representative of the City as the
entity that established the former PCDC is hereby confirmed.
4. If any provision, sentence, clause, section or part of this resolution is found to be invalid or
unenforceable, such finding shall affect only such provision, sentence, clause, section or part,
and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or
parts.
Page 4