HomeMy WebLinkAboutOrdinance 2272 N.C.S. 06/18/20071
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EFFECTIVE DATE ORDINANCE NO. 2272 N.C.S.
OF ORDINANCE
July 18, 2007
Introduced by Seconded by
Mike O'Brien Teresa Barrett
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ADOPTING A PROGRAM FOR THE USE OF EMINENT DOMAIN
WITHIN THE CENTRAL BUSINESS DISTRICT PROJECT AREA
BY THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
PURSUANT TO SB 53 AND SB 1803
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
WHEREAS, the Petaluma Community Development Commission, a public body
corporate and politic (the "PCDC") is a redevelopment agency duly organized pursuant to
Community Redevelopment Law (California Health and Safety Code Section 33000 of seq. ), and
pursuant thereto has responsibility to carry out the Redevelopment Plan for the Petaluma
Central Business District Project Area (the "Project Area"); and,
WHEREAS, the redevelopment plan for the Project Area was adopted by the City Council
of the City of Petaluma (the "City Council") by Ordinance No. 1221 N.C.S. on September 27,
1976 (as subsequently amended by Ordinance No. 1973 N.C.S. adopted on November 24, 1994,
by Ordinance No. 2092 N.C.S. adopted on July 21, 1999, by Ordinance No. 2116 N.C.S. on June
18, 2001, by Ordinance No. 2184 N.C.S. on June 7, 2004, and by Ordinance No. 2251 N.C.S. on
September 11, 2006, the "Redevelopment Plan"); and,
WHEREAS, effective January 1, 2007, Senate Bill ("SB") 53 added Section 33342.7 to the
Health and Safety Code, pursuant to which legislative bodies that adopted a final
redevelopment plan prior to January 1, 2007 are required to adopt on or before July 1, 2007, an
ordinance that describes the redevelopment agency's program to acquire real property by
eminent domain; and,
WHEREAS, SB 53 provides that following adoption of an ordinance describing a
redevelopment agency's program to acquire real property by eminent domain, such program
may only be modified pursuant to an amendment of the redevelopment plan; and,
Ordinance No. 2272 N.C.S.
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WHEREAS, effective January 1, 2007, SB 1809 amended Section 33373 of the Health and
Safety Code, pursuant to which a redevelopment agency must record a revised statement that
proceedings for the redevelopment of a project area have been instituted and that the
redevelopment plan authorizes the use of eminent domain by the redevelopment agency; and
WHEREAS, the Redevelopment Plan provides the PCDC with authority to use eminent
domain to acquire non-residential property in certain limited circumstances following
compliance with all requirements of law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES ORDAIN AS FOLLOWS:
SECTION 1. The following is hereby adopted as the PCDC's program to acquire real
property by eminent domain in the Central Business District Project Area pursuant to Health and
Safety Code Section 33342.7:
The Redevelopment Plan authorizes the PCDC to acquire non-residential property
by eminent domain within the Central Business District Project Area. The PCDC
may only acquire property by eminent domain following compliance with all
requirements of applicable law, including without limitation, compliance with all
requirements pertaining to notice; hearings, and the payment of just
compensation.
SECTION 2. Statement of Institution
The City Clerk, in cooperation with the PCDC, is hereby directed to record with the County
Recorder of Sonoma County a revised statement substantially in accordance with Exhibit A to
this Ordinance, that proceedings for the redevelopment of the Project Area have been
instituted under the Community Redevelopment Law and pursuant to the requirements of SB
1809.
SECTION 3. Severability
If any section, subsection, clause, or phrase of this Ordinance is for any reason held invalid, such
invalidity shall not affect other provisions or applications of the Ordinance which can be given
effect without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. This City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion thereof and intends that the
invalid portions should be severed and the balance of the Ordinance be enforced.
SECTION 4. California Environmental Quality Act ("CEQA")
The City Council finds that this Ordinance is not subject to the California Environmental Quality
Act ("CEQA") pursuant to Sections 15060(c) (2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c) (3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
Code of Regulations) because it has no potential for resulting in physical change to the
environment, either directly or indirectly.
SECTION 5. Effective Date and Publication
Ordinance No. 2272 N.C.S.
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Within fifteen (15) days from and after adoption, this Ordinance shall be published once in a
newspaper of general circulation printed and published in Sonoma County and circulated in
the City of Petaluma, in accordance with the City Charter. This Ordinance shall take effect thirty
(30) days after its adoption.
INTRODUCED AND ORDERED POSTED/PUBLISHED THIS 4th day of June, 2007.
ADOPTED THIS 18rh day of June, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST:
Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
None
None
None
Claire Cooper, CMC, City Clerk
APPROV KTT FORM:
Eric W. Danly, Cit Attorney
Ordinance No. 2272 N.C.S.
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