HomeMy WebLinkAboutResolution 2012-118 N.C.S. 08/06/2012 Resolution No. 2012-118 N.C.S.
of the City of Petaluma, California
ESTABLISHING THE PETALUMA COMMUNITY DEVELOPMENT
SUCCESSOR AGENCY AS THE SUCCESSOR AGENCY TO THE
FORMER PETALUMA COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF PETALUMA AND PROVIDING FOR ITS GOVERNANCE
WHEREAS, Assembly Bill ABx 1 26 (ABx 1 26) was enacted by the State Legislature
and signed by the Governor as of June 29, 2011; and,
WHEREAS, ABxl dissolved redevelopment agencies, including the former Petaluma
Community Development Commission (PCDC), effective February 1, 2012; and,
WHEREAS, pursuant to California Health and Safety Code § 34173(d), the City of
Petaluma elected to serve as the successor agency to the PCDC by City Council Resolution No.
2012-007 N.C.S. adopted on January 9, 2012, and has been serving in this capacity following
PCDC dissolution on February 1, 2012;. and,
WHEREAS, AB 1484, enacted on June 27, 2012, amended ABx1 26 to provide that
successor agencies are separate public entities from their sponsoring cities; and,
WHEREAS, the City of Petaluma wishes to establish and acknowledge the "Petaluma
Community Development Successor Agency" as the successor agency to the former PCDC
under ABx 1 26, as amended, separate and distinct from the City of Petaluma, and to provide for
its governance.
NOW, THEREFORE, BE IT RESOLVED by the City of Petaluma that it hereby:
1. Finds that the Recitals set forth above are true and correct, and are incorporated
herein by reference.
2. Establishes and acknowledges the Petaluma.Community Development Successor
Agency as the successor agency to the former Petaluma Community Development
Commission pursuant to Health and Safety Code Sections 34171(j) and 34173, as
amended.
3. Acknowledges that the Petaluma Community Development Successor Agency shall
be a separate public entity from the City of Petaluma.
4. Declares that the members of the City Council of the City of Petaluma shall act as
members of the governing board of the Petaluma Community Development Successor
Agency.
5. Declares that the officers of the Petaluma Community Development Successor
Agency shall be established by the Petaluma Community Development Successor
Agency's governing board.
Resolution No. 2012-118 N.C.S. Page 1
6. Transfers the authority to exercise all functions and powers, and all rights, duties and
obligations of a successor agency under ABx1 26, as amended, and other applicable
law, to the Petaluma Community Development Successor Agency.
7. Transfers control of all assets, properties, contracts, leases, books and records,
buildings and equipment, cash and cash equivalents, and accounts receivable of the
former Petaluma Community Development Commission (other than housing assets
transferred to the successor housing agency under Health and Safety Code Section
34176) transferred to the City of Petaluma as the original successor agency, to the
Petaluma Community Development Successor Agency.
8. Pledges its support and cooperation to the Petaluma Community Development
Successor Agency, including the use of City officers, personnel, facilities and other
resources to support the governance and operations of the Petaluma Community
Development Successor Agency.
9. Waives any conflict of interest between the City Attorney's representation of the City
of Petaluma and the City Attorney's representation of the Petaluma Community
Development Successor Agency as its General Counsel.
10. Authorizes the City Manager or his designee to take such other and further action as
necessary with respect to the establishment, governance, and operations of the
Petaluma Community Development Successor Agency consistent with the intent of
this Resolution.
11. 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.
It is hereby certified that the foregoing Resolution No. 2012-118 N.C.S. was duly
introduced and adopted by the Petaluma City Council at a regular meeting held on the 6th day of
August, 2012, by the following vote:
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the • pr.‘viirl as to
Council of the City of Petaluma at a Regular meeting on the 6'"day of August, fa
2012.by the following vote:
City torney
AYES: Albertson,Barrett,Healy,Kearney, Vice Mayor Renee
NOES: None
ABSENT: Mayor Glass, Harris
ABSTAIN: None
•
ATTEST: /
City Clerk Vice ayo
Resolution No. 2012-118 N.C.S. Page 2