HomeMy WebLinkAboutResolution 2012-051 N.C.S. 05/07/2012 Resolution No. 2012-051 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 A JULY 1, 2012 THROUGH DECEMBER 31,2012
RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS#2") PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34177 (I)
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 ("FOPS") listing enforceable
obligations within the meaning of subdivision (d) of Section 34167 of the CRL, through
December 31, 2011; and,
WHEREAS, by Resolution No. 2012-03 adopted on January 23, 2012, the PCDC
amended the EOPS to list enforceable obligations through June 30, 2012; and,
WHEREAS, by Resolution No. 2012-018 N.C.S. adopted on February 6, 2012, the City
Council as Successor Agency to the former PCDC amended the FOPS to include additional
enforceable obligations for which payments must be made pending approval of the ROPS; and,
WHEREAS, by Resolution No. 2012-048 N.C.S. adopted on April 16, 2012, the City
Council as Successor Agency to the former PCDC approved a Recognized Obligation Payment
Schedule ("ROPS #1"); and,
WHEREAS, in adopting ROPS #2, the City Council as Successor Agency will comply
with all applicable posting and notification requirements, including posting the ROPS #2 on the
Successor Agency's website and providing notification to the Department of Finance, the State
Controller's Office, and the Sonoma County Auditor-Controller; and,
WHEREAS, a draft ROPS #2 for the period July through December, 2012, 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 draft ROPS #2, subject to the
contingencies and reservation of rights set forth in this Resolution; and,
WHEREAS, the City as the Successor Agency reserves the right to challenge the
legality of Assembly Bill xl 26 and/or any implementing regulations, and to 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,
Resolution No. 2012-051 N.C.S. Page 1
WHEREAS, the City as the Successor Agency reserves the right to further amend the
ROPS #2; and,
WHEREAS, in adopting the ROPS #2, 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 the ROPS #2, including without
limitation, the right to modify, amend, terminate or challenge any obligation listed on the ROPS
#2.
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. Approves the Recognized Obligation Payment Schedule for the period July 1 through
December 31, 2012 (ROPS #2), attached hereto, pursuant to Health and Safety Code
section 34177(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 submission of the ROPS
#2 to the Oversight Board for the Successor Agency, the posting of this Resolution
and the Recognized Obligation Payment Schedule#2 on the Successor Agency's
website, and the provision of notice of adoption of this Resolution and the ROPS #2
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 shall not affect or impair any of the
remaining parts.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the pploved.as to
Council of the City of Petaluma at a Regular meeting on the 7'h day of May,2012, form
by the following vote:
City torney
AYES: Albertson,Barrett,Mayor Glass, Harris, Healy,Vice Mayor Renee
NOES: None
ABSENT: Kearney
ABSTAIN: None I L n �/
ATTEST:
City Clerk Mayor
Resolution No. 2012-051 N.C.S. Page 2