The URL can be used to link to this page

Home My WebLink AboutPCDC Resolution 2006-08 04/17/2006RESOLUTION N0.2006-0~ PETALUMA COMMUNITY DEVELOPMENT COMMISSION APPROVING THE PRELIMINARY REPORT ON PROPOSED REDEVELOPMENT PLAN AMENDMENTS AND FISCAL MERGER, APPROVING DRAFT REDEVELOPMENT PLAN AMENDMENTS, AUTHORIZING TRANSMITTAL OF THE REPORT AND THE DRAFT PLAN AMENDMENTS TO AFFECTED TAXING ENTITIES, THE PLANNING COMMISSION AND INTERESTED PARTIES; ADOPTING FINDINGS THAT A PROJECT AREA COMMITTEE IS NOT REQUIRED; AND RECOMMENDING THAT THE CITY COUNCIL CONSIDER ADOPTION OF ORDINANCES THAT WOULD ELIMINATE THE TIME LIMIT FOR DEBT INCURRENCE IN THE PCD PROJECT AREA AND CBD ORIGINAL PROJECT AREA AND EXTEND THE TIME LIMITS FOR PLAN EFFECTIVENESS AND RECEIPT OF TAX INCREMENT IN THE CBD ORIGINAL PROJECT AREA WHEREAS, the Petaluma Community Development Commission ("PCDC") has been designated as the official redevelopment agency in the City of Petaluma to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) ("CRL"); and, WHEREAS, the City Council of the City of Petaluma (the "City Council") originally approved and adopted the Redevelopment Plan for the Petaluma Central Business District Redevelopment Project Area ("CBD Project Area") by Ordinance 1221 N.C.S. on September 27, 1976, and subsequently amended such redevelopment plan by Ordinance 1973 N.C.S. adopted November 21, 1994, Ordinance 2092 N.C.S. adopted July 21, 1999, Ordinance 21 16 N.C.S. adopted June 18, 2001, and Ordinance 2184 N.C.S. adopted June 7, 2004 (as so amended, the "CBD Plan"); and, WHEREAS, the City Council originally approved and adopted the Redevelopment Plan for the Petaluma Community Development Project (the "PCD. Project Area") by Ordinance 1725 N.C.S. adopted on July 18, 1988, and subsequently amended such redevelopment plan by Ordinance 1972 N.C.S. adopted November 21, 1994, Ordinance 2100 N.C.S. adopted April 3, 2000, and Ordinance 2183 N.C.S. adopted June 7, 2004 (as so amended, the "PCD Plan"); and, WHEREAS, pursuant to Health and Safety Code Section 33344.5, PCDC staff and consultants have prepared a Preliminary Report which describes and analyzes existing conditions in the CBD Project Area and the PCD Project Area, the financial resources and projected revenue available to carry out redevelopment activities in the project areas, and the proposed fiscal merger of the project areas and amendment of the redevelopment plans; and, PCDC Resolution 2006-08 Page 1 WHEREAS, PCDC staff and consultants have prepared proposed plan amendments that would effectuate a fiscal merger of the CBD Project Area and the PCD Project Area; and, WHEREAS, CRL Section 33385 requires the formation of a Project Area Committee whenever a substantial number of low- or moderate-income persons reside within a redevelopment project area and either (i) the redevelopment plan will authorize use of eminent domain for the acquisition of property on which persons reside, or (ii) the redevelopment plan contains one or more public projects that will displace a substantial number of low- or moderate-income persons; and, WHEREAS, the proposed amendments do not affect the Agency's or the City's authority to use eminent domain to acquire property and do not provide for public projects that will displace a substantial number of low- and moderate-income persons; and, WHEREAS, pursuant to CRL Section 33333.6(e) (2) (B), redevelopment plans adopted prior to 1994 can be amended to repeal the time limit for establishing debt by the adoption of an ordinance; and, WHEREAS, pursuant to SB 1096, upon the adoption of specified findings, the City Council may by adoption of an ordinance, amend the CBD Plan to extend by two years the plan effectiveness limit and the time period within which the Agency may receive tax increment and repay indebtedness for the original CBD Project Area. NOW, THEREFORE, the Petaluma Community Development Commission hereby: Section 1. Approves the Preliminary Report to Council in the form on file with the City Clerk and authorizes transmittal of the Preliminary Report to affected taxing entities, the Planning Commission and interested parties. .Section 2. Approves the proposed Plan Amendments in the form on file with the City Clerk and authorizes transmittal of the proposed Plan Amendments to affected taxing entities, the Planning Commission and interested parties. Section 3. Finds that the formation of a Project Area Committee is not required because the proposed amendments do not affect the Agency's or the City's authority to use eminent domain and do not propose public projects that will cause displacement of a substantial .number of low- and moderate-income households. PCDC Resolution 2006-08 Page 2 Section 4. Recommends that the City Council consider adoption of the required findings and adoption of an ordinance extending the plan effectiveness and tax increment collection time limits pursuant to SB 1096 concurrently with the Council's consideration of the proposed plan amendments and fiscal merger. Section 5. Recommends. that the City Council consider adoption of ordinances to repeal the time limit for establishing debt in the CBD Original Project Area and the PCD Project Area concurrently with the Council's consideration of the proposed plan amendments and fiscal merger. Adopted this 17'" day of April, 2006 by the following vote: Commissioner Aye No Absent Abstain Vice Chair Canevaro X Chair Glass X Harris X Healy X Nau X O'Brien X Torliatt X ATTEST: ~--C~ Claire Cooper, Recording Se etary _ \. -- ~n _ -~ -- ~"U° _ David Glass, .Chair - APPROVED AS TO FORM: Eric W. Danly, Ge al Counsel PCDC Resolution 2006-08 Page 3