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HomeMy WebLinkAboutPCDSA Resolution 2012-01 08/06/2012 Resolution No. 2012-01 of the Petaluma Community Development Successor Agency ESTABLISHING THE PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY, DESIGNATING OFFICERS,AND ADOPTING ADMINISTRATIVE, GOVERNANCE, AND OPERATING RULES FOR THE SUCCESSOR AGENCY WHEREAS,Assembly Bill ABx1 26 (ABx1 26) was enacted by the State Legislature and signed by the Governor as of June 29, 2011; and, WHEREAS,ABx1 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 Council has adopted a resolution establishing the Petaluma Community Development Successor Agency as a separate public entity from the City to serve as successor agency to the PCDC, providing for its governance, and transferring the City's rights and responsibilities as successor agency and assets held in the name of the successor agency to the Petaluma Community Development Successor Agency. NOW, THEREFORE, BE IT RESOLVED by the Petaluma Community Development Successor Agency that it hereby: 1. Finds that the Recitals set forth above are true and correct, and are incorporated herein by reference. 2. Establishes the Petaluma Community Development Successor Agency as the successor agency to the former Petaluma Community Development Commission pursuant to Health and Safety Code Sections 341710) and 34173, as amended. 3. Declares that the Petaluma Community Development Successor Agency shall have the authority to exercise all functions and powers of a successor agency under law, and shall retain all rights, duties and obligations of a successor agency under ABx1 26, as amended, and other applicable law. 4. Accepts 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 PCDSA Resolution No.2012-01 Page 1 34176) transferred to the City of Petaluma as the original successor agency. 5. Declares that the governing board of the Petaluma Community Development Successor Agency shall consist of the members of the City Council of the City of Petaluma. 6. Declares that the officers of the Petaluma Community Development Successor Agency shall be an Executive Director, a Chairperson, a Secretary, a Treasurer, and a General Counsel. 7. Declares that the Chairperson shall be the Mayor of the City of Petaluma, who shall preside at all meetings of the Petaluma Community Development Successor Agency; the Executive Director shall be the City Manager of the City of Petaluma,who shall have responsibility for the execution of policies and administration of affairs, under the direction of the Petaluma Community Development Successor Agency; the Secretary shall be the Clerk of the City of Petaluma, who shall keep the records and perform such other duties as imposed; the Treasurer shall be the Finance Director of the City of Petaluma, who shall be responsible for maintaining all funds of the Petaluma Community Development Successor Agency and perform such other duties as imposed; and the General Counsel shall be the City Attorney of the City of Petaluma,who shall provide and/or supervise all legal services for the Petaluma Community Development Successor Agency. 8. Waives any conflict of interest between the City Attorney's representation of the Petaluma Community Development Successor Agency as its General Counsel and the City Attorney's representation of the City of Petaluma. 9. Declares that from time to time the governing board may authorize the Executive Director to employ such personnel as he deems necessary to exercise its powers, duties, and functions as prescribed by applicable law. 10. Ratifies and confirms all actions taken by the City of Petaluma, acting in its capacity as successor agency to the former Petaluma Community Development Commission, assumes all obligations entered into by the City of Petaluma as successor agency, and releases the City of Petaluma from any further obligations. 11. Declares that the Petaluma Community Development Successor Agency and its governing board and officers shall follow the same rules and procedures for administrative activities and operations, including rules related to contracting, acquisition and disposition of real property, personnel, fund management, legislative action, open meetings,public records and conflicts of interest followed by the City of Petaluma, as set forth in the applicable Charter provisions, resolutions, ordinances, administrative instructions, and regulations, except if and to the extent State or Federal Law provides for different rules or procedures. 12.Authorizes the Executive Director 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. PCDSA Resolution No. 2012-01 Page 2 13. 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. 2012-01 was duly introduced and adopted by the Petaluma Community Development Successor Agency at a meeting held on the 6th day of August, 2012, by the following vote: REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted Ap.ra'ed as to by the Petaluma Community Development Successor Agency at a I form: Regular meeting on the 6th day of August,2012,by the following vote: Ge-eral Counsel AYES: Albertson,Barrett, Healy, Kearney, Renee NOES:. None ABSENT: Glass,Harris ABSTAIN: None ATTEST: 1 I__ L � I � iI Recording Secretary Vice Chai' PCDSA Resolution No. 2012-01 Page 3