HomeMy WebLinkAboutOrdinance 2271 N.C.S. 06/18/20071
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EFFECTIVE DATE ORDINANCE NO. 2271 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
ACKNOWLEDGING THE LACK OF A PROGRAM TO ACQUIRE PROPERTY
USING EMINENT DOMAIN WITHIN THE
PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA
BY THE PETALUMA COMMUNITY DEVELOPMENT COMMISSION
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 et seq.), and
pursuant thereto has responsibility to carry out the Redevelopment Plan for the Petaluma
Community Development 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. 1725 N.C.S. on July 18, 1988 (as
subsequently amended by Ordinance No. 1972 N.C.S. adopted on November 21, 1994, by
Ordinance No. 2100 N.C.S. adopted on April 3, 2000, by Ordinance No. 2183 N.C.S. on June 7,
2004, and by Ordinance No. 2252 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. 2271 N.C.S.
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WHEREAS, the Redevelopment Plan originally provided the PCDC with the authority to
use eminent domain to acquire property in certain limited circumstances following compliance
with all requirements of law; and,
WHEREAS, the PCDC's authority to exercise the use eminent domain within the Project
Area has expired and the Redevelopment Plan does not currently provide to the PCDC the
authority to exercise the use of eminent domain to acquire property.
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 within the Petaluma Community Development Project Area
pursuant to Health and Safety Code Section 33342.7:
The Redevelopment Plan for the Petaluma Community Development Project
Area does not authorize the PCDC to acquire real property by eminent domain
within the Project Area and therefore the PCDC currently has no program to
acquire real property by eminent domain in the Project Area.
SECTION 2. 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 3. 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 4. Effective Date and Publication
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 'moo THIS 4'h day of June, 2007.
ADOPTED THIS 18'h day of June, 2007, by the following vote:
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Rabbitt, Mayor Torliatt
Ordinance No. 2271 N.C.S.
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NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
ouatiL
Claire Cooper, CMC, City Cle
APPROVED AS TO, FORM:
Eric W. Danly, City, Attorney
Ordinance No. 2271 N.C.S.
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