HomeMy WebLinkAbout2014-06 CC Reso - Filing of COU v Michael Cohen - Dept of Defense THE CITY COUNCIL OF THE CITY OF UKIAH
RESOLUTION NO. 2014-0 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE
FILING OF City of Ukiah v. Michael Cohen, Director, California Department of Defense, et
al., Sacramento Superior Court Case No. 34-2014-80001744
WHEREAS, the Successor Agency has authorized funding to pay both Best, Best 8
Krieger and City Attorney David J. Rapport to file and litigation an action against the Department
of Finance to challenge its decision that the Restated Funding Agreement between the City of
Ukiah and the Successor Agency is an enforceable obligation as defined in the Redevelopment
Agency Dissolution Law; and
WHEREAS, the Successor Agency has previously authorized administrative challenges
to that decision; and
WHEREAS, the Department of Finance did not change its position as a result of those
administrative proceedings; and
WHEREAS, the City Council, the Successor Agency and the Oversight Board have and
continue to approve challenging the DOF's decision; and
WHEREAS, a petition for writ of mandate and complaint for injunctive and declaratory
relief has been filed by Best, Best & Krieger in Sacramento Superior Court, entitled City of Ukiah
v. Michael Cohen, Director, California Department of Defense, et al., Sacramento Superior
Court Case No. 34-2014-80001744 (":the Action").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are
incorporated into this Resolution by this reference.
Section 2. CEQA Compliance. The action of the City Council to approve the Action
does not commit the City of Ukiah to any action that may have a significant effect on the
environment. As a result, such action does not constitute a project subject to the requirements
of the California Environmental Quality Act.
Section 3. Approval of Action. The City Council hereby authorizes and approves
the filing of the Action and authorizes Best, Best & Krieger and City Attorney David J. Rapport to
take all necessary actions to undertake the prosecution of the action on behalf of the Successor
Agency. .
Section 4. Severabilitv. If any provision of this Resolution or the application of any
such provision to any person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Resolution that can be given effect without the invalid provision
or application, and to this end the provisions of this Resolution are severable. The Successor '
Agency declares thaYthe Successor Agency would have adopted this Resolution irrespective of
the invalidity of any particular portion of this Resolution.
� I .
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution.
Section 6. Effective Date. This Resolution shall become effective on and after
January 22, 2014.
PASSED, APPROVED AND ADOPTED this 19`" day of February, 2014, by the following
vote:
AYES: Councilmembers Scalmanini, Crane, Thomas, Landis, and Mayor Baldwin
NOES: None
ABSENT: None
ABSTAIN: None � c���'7���
i �
Philip E. B dwin, Mayor
ATTEST:
K istine Lawler, City Clerk
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