HomeMy WebLinkAboutOrdinance 2254 N.C.S. 09/18/20061
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EFFECTIVE DATE
OF ORDINANCE
October 18, 2006
Introduced by
David Glass
ORDINANCE NO. 2254 N.C.S.
Seconded by
Mike O'Brien
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA EXTENDING TIME LIMITS FOR
THE ORIGINAL CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
WHEREAS, the City Council of the City of Petaluma (the "City Council"), originally
approved and adopted a redevelopment plan for the Central Business District Project Area (the
"CBD Project Area") on September 27, 1976, by Ordinance No. 1221 N.C.S., and subsequently
amended such plan by Ordinance No. 1973 N.C.S. adopted November 21, 1994, Ordinance No.
2092 N.C.S. adopted July 21, 1999, Ordinance No.2116 N.C.S. adopted June 18, 2001 and
Ordinance No. 2184 N.C.S. adopted June 7, 2004 (as so amended hereafter the
"Redevelopment Plan"); and,
WHEREAS, Ordinance No. 2116 N.C.S. adopted June 18, 2001, added territory (the
"Added Area") to the redevelopment project area originally established in 1976 (the "Original
Project Area"); and,
WHEREAS, the Redevelopment Plan sets forth certain time limitations on the effectiveness
of the Redevelopment Plan and the Agency's ability to receive tax increment revenue to repay
Agency indebtedness incurred to carry out redevelopment activities within the Original Project
Area and the Added Area; and,
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.) and to implement the Redevelopment Plan;
and,
WHEREAS, effective August, 2004, SB 1096 added Section 33681.12 to the Health and
Safety Code, pursuant to which the Agency is required to make payments during the 2004-05
and 2005-06 fiscal years for deposit in the Sonoma County Educational Revenue Augmentation
Fund; and,
WHEREAS, SB 1096 amended Section 33333.2 of the Health and Safety Code to provide
that when a redevelopment agency is required to make a payment pursuant to Section
33681.12 for a project area which is subject to a redevelopment plan whose effectiveness limit
Ordinance No. 2254 N.C.S.
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expires more than ten (10) but less than twenty (20) years after the last day of the fiscal year in
which the agency is required to make a payment pursuant to Section 33681.12, the legislative
body may, by adoption of an ordinance, amend the redevelopment plan to extend the time
limit on the effectiveness of the plan and the time limit for repayment of agency indebtedness
with tax increment funds by one year for each of the years in which the Section 33681.12
payment is required, provided that the legislative body determines that (i) the agency is in
compliance with the requirements relating to the set -aside and use of tax increment funds for
low- and moderate -income housing, (ii) the agency has adopted an implementation plan in
accordance with Health and Safety Code Section 33490, (iii) the agency is in compliance with
the requirements set forth in Health and Safety Code Section 33413 relating to inclusionary and
replacement housing production; (iv) the agency is not subject to sanctions for failure to
expend, encumber or disburse an excess low- and moderate -income housing fund surplus, (v)
the funds used to make the payments required by Section 33681.12 would otherwise have been
used to pay the cost of projects and activities necessary to carry out the redevelopment plan;
and,
WHEREAS, SB 1096 further amends Section 33333.2 of the Health and Safety Code to
provide that in adopting an ordinance pursuant to the foregoing authority, neither the legislative
body nor the redevelopment agency is required to follow the procedural requirements ordinarily
required for the amendment of redevelopment plans; however, the ordinance must be
adopted at a public hearing, notice of which has been mailed to all affected taxing entities not
less than 30 days prior to the hearing and published not less than ten days prior to the hearing;
and,
WHEREAS, the effectiveness of the redevelopment plan for the Original Project Area
expires in 2017; and,
WHEREAS, the City Council and PCDC have complied with all notice and hearing
requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council hereby finds that: (i) PCDC is in compliance with the
requirements relating to the set -aside and use of tax increment funds for low- and moderate -
income housing, (ii) PCDC has adopted an implementation plan in accordance with Health and
Safety Code Section 33490, (iii) PCDC is in compliance with the requirements set forth in Health
and Safety Code Section 33413 relating to inclusionary and replacement housing production;
(iv) PCDC is not subject to sanctions for failure to expend, encumber or disburse an excess low -
and moderate -income housing fund surplus; (v) the funds used to make the payments required
by Section 33681.12 would otherwise have been used to pay the cost of projects and activities
necessary to carry out the Redevelopment Plan,
Section 2. The time limit on the effectiveness of the Redevelopment Plan shall be
extended by two years to September 27, 2019 for the Original Project Area.
Section 3. The time limit on the receipt of property taxes and repayment of
indebtedness pursuant to Health and Safety Code section 33670 shall be extended two years to
September 27, 2029 for the Original Project Area.
Ordinance No. 2254 N.C.S. Page 2
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Section 4. Ordinance Nos. 1221, 1973, 2092, 2116 and 2184 are continued in full force
and effect except as amended by this Ordinance.
Section 5. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the Agency.
Section 6. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof i,respective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 7. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 8. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
23 INTRODUCED and ordered posted/wed this 1 1 th day of September, 2006.
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25 ADOPTED this 18th day of September, 2006 by the following vote:
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27 AYES: Mayor Glass, Harris, Vice Mayor Nau, O'Brien, Torliatt
28 NOES: None
29 ABSENT: None
30 ABSTAIN: Healy
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David Glass, Mayor
39 ATTEST: APPROVED AS TO FORM:
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43 Claire Cooper, City Clerk Eric W. Danly, City AtJ rney
Ordinance No. 2254 N.C.S. Page 3