HomeMy WebLinkAboutPCDSA Resolution 2012-02 08/06/2012 Resolution No. 2012-02
of the Petaluma Community Development
Successor Agency
ADOPTING A JANUARY 1, 2013 THROUGH JUNE 30, 2013
RECOGNIZED OBLIGATION PAYMENT SCHEDULE ("ROPS#3")
PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 (1)
WHEREAS, the City Council established the Petaluma Community Development
Successor Agency (PCDSA) pursuant to Health and Safety Code Section 34173(g) on August
6, 2012 by Resolution No. 2012-118 N.C.S.; and,
WHEREAS, the PCDSA authorized and assumes all actions taken by the City acting
as the Successor Agency to the former Petaluma Community Development Commission by
Resolution No. 2012-01; and,
WHEREAS, the liability of Petaluma Community Development 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 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 EOPS 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,
PCDSA Resolution No.2012-02 Page 1
WHEREAS, by Resolution No. 2012-051 N.C.S. adopted on May 7, 2012, the City
Council as Successor Agency to the former PCDC approved a Recognized Obligation
Payment Schedule ("ROPS #2"); and,
WHEREAS, in adopting ROPS #3, the Petaluma Community Development Successor
Agency will comply with all applicable posting and notification requirements, including
posting the ROPS #3 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 #3 for the period January 1 through June 30, 2013, a copy
of which is attached, has been presented to the PCDSA, the PCDSA is familiar with the
contents thereof, and the Executive Director has recommended approval of the draft ROPS
#3, subject to the contingencies and reservation of rights set forth in this Resolution; and,
WHEREAS, the PCDSA reserves the right to challenge the legality of Assembly Bill
x1 26, AB 1484 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 and AB 1484 pursuant to applicable law; and,
WHEREAS, the PCDSA reserves the right to further amend the ROPS #3; and,
WHEREAS, in adopting the ROPS #3, the PCDSA does not intend to waive, nor shall
the PCDSA be deemed to have waived any rights the PCDSA may have pursuant to or in
connection with any obligation listed on the ROPS #3, including without limitation, the
right to modify, amend, terminate or challenge any obligation listed on the ROPS#3.
NOW, THEREFORE, BE IT RESOLVED BY PETALUMA COMMUNITY
DEVELOPMENT SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE
341710), that the Petaluma Community Development Successor Agency hereby:
1. Finds that the Recitals set forth above are true and correct, and are incorporated
herein by reference.
PCDSA Resolution No.2012-02 Page 2
2. Approves the Recognized Obligation Payment Schedule for the period January 1
through June 30, 2013 (ROPS #3), attached hereto as Exhibit A, pursuant to
Health and Safety Code section 341770), subject to all reservations of rights and
contingencies set forth above.
3. Authorizes and directs the Executive Director or designee to take all actions
necessary to implement this Resolution, including without limitation, the
submission of the draft ROPS #3 simultaneously to the Oversight Board for the
Successor Agency, the Sonoma County Administrative Officer, the Sonoma
County Auditor-Controller, the State Controller and the State Department of
Finance; and the posting of this Resolution and the Recognized Obligation
Payment Schedule #3 on the Successor Agency's website.
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.
PASSED AND ADOPTED by the Petaluma Community Development Successor
Agency at a meeting held on the 6th day of August 2012 by the following vote:
/n
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted roved as to
by the Petaluma Community Development Successor Agency at a form:
Regular meeting on the 6th day of August, 2012,by the following vote:
Ge •ral Counsel
AYES: Albertson, Barrett, Healy, Kearney, Renee
NOES: None
ABSENT: Glass, Harris
ABSTAIN: None _
ATTEST: '`•' �f"F� �— ■441111111Th A
Recording Secretary lJ Vice Chair
PCDSA Resolution No. 2012-02 Page 3