HomeMy WebLinkAboutOrdinance 2254 N.C.S. 09/18/2006 EFFECTIVE DATE ORDINANCE NO. 2254 N.C.S.
OF ORDINANCE
October 18, 2006
1 Introduced by Seconded by
2
3
4 David Glass Mike O'Brien
5
6
7
8
9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA EXTENDING TIME LIMITS FOR
10 THE ORIGINAL CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA
11
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
14 WHEREAS, the City Council of the City of Petaluma (the "City Council"), originally
15 approved and adopted a redevelopment plan for the Central Business District Project Area (the
16 "CBD Project Area") on September 27, 1976, by Ordinance No. 1221 N.C.S., and subsequently
17 amended such plan by Ordinance No. 1973 N.C.S. adopted November 21, 1994, Ordinance No.
18 2092 N.C.S. adopted July 21, 1999, Ordinance No. 2116 N.C.S. adopted June 18, 2001 and
19 Ordinance No. 2184 N.C.S. adopted June 7, 2004 (as so amended hereafter the
20 "Redevelopment Plan"); and,
21.
22 WHEREAS, Ordinance No. 21 16 N.C.S. adopted June 18, 2001, added territory (the
23 "Added Area") to the redevelopment project area originally established in 1976 (the "Original
24 Project Area"); and,
25
26 WHEREAS, the Redevelopment Plan sets forth certain time limitations on the effectiveness
27 of the Redevelopment Plari and the Agency's ability to receive tax increment revenue to repay
28 Agency indebtedness incurred to carry out redevelopment activities within the Original Project
29 Area and the Added Area; and,
30
31 WHEREAS, the Petaluma Community Development Commission ("PCDC") has been
32 designated as the official redevelopment agency in the City of Petaluma to carry out the
33 functions and requirements of the Community Redevelopment Law of the State of California
34 (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plan;
35 and,
36
37 WHEREAS, effective August, 2004, SB 1096 added Section 33681.12 to the Health and
38 Safety Code, pursuant to which the Agency is required to make payments during the 2004-OS
39 and 2005-06 fiscal years for deposit in the Sonoma County Educational Revenue Augmentation
40 Fund; and,
41
42 WHEREAS, SB 1096 amended Section 33333.2 of the Health and Safety Code to provide
43 that when a redevelopment agency is required to make a payment pursuant to Section
44 33681.12 for a project area which is subject to a redevelopment plan whose effectiveness limit
Ordinance Na. 2254 N.C.S. Page 1
1 expires more than ten (10) but less than twenty (20) years after the last day of the fiscal year in
2 which the agency is required to make a payment pursuant to Section 33681.12, the legislative
3 body may, by adoption of an ordinance, amend the redevelopment plan to extend the time
4 limit on the effectiveness of the plan and the time limit for repayment of agency indebtedness
5 with tax increment funds by one year for each of the years in which the Section 33681.12
6 payment is required, provided that the legislative body determines that (i) the agency is in
7 compliance with the requirements relating to the set-aside and use of tax increment funds for
8 low- and moderate-income housing, (ii) the agency has adopted an implementation plan in
9 accordance with Health and Safety Code Section 33490, (iii) the agency is in compliance with
10 the requirements set forth in Health and Safety Code Section 33413 relating to inclusionary and
11 replacement housing production; (iv) the agency is not subject to sanctions for failure to
12 expend, encumber or disburse an excess low- and moderate-income housing fund surplus; (v)
13 the funds used to make the payments required by Section 33681.12 would otherwise have been
14 used to pay the cost of projects and activities necessary to carry out the redevelopment plan;
15 and.,
16
17 WHEREAS, SB 1096 further amends Section 33333.2 of the Health and Safety Code to
18 provide that in adopting an ordinance pursuant to the foregoing authority, neither the legislative
19 body nor the redevelopment agency is required to follow the procedural requirements ordinarily
20 required for the amendment of redevelopment plans; however, the ordinance must be
21 adopted. at a public hearing, notice of which has been mailed to all affected taxing entities not
22 less than 30 days prior to the hearing and published not less than ten days prior to the hearing;
23 and,
24
25 WHEREAS, the effectiveness of the redevelopment plan for the Original Project Area
26 expires in 2017; and,
27
28 WHEREAS, the City Council and PCDC have complied with all ,notice and hearing
29 requirements.
30
31 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
32 HEREBY ORDAIN AS FOLLOWS:
33
34 Section 1. The City Council hereby finds that: (i) PCDC is in compliance with the
35 requirements relating to the set-aside and use of tax increment funds for low- and moderate-
36 income housing, (ii) PCDC has adopted an implementation plan in accordance with Health and
37 Safety Code Section 33490, (iii) PCDC is in compliance with the requirements set forth in Health
38 and Safety Code Section 33413 relating to inclusionary and replacement housing production;
39 (iv) PCDC is not subject to sanctions for failure to expend, encumber or disburse an excess low-
40 and moderate-income housing fund surplus; (v) the funds used to make the payments required
41 by Section 33681.12 would otherwise have been used to pay the cost of projects and activities
42 necessary to carry out the Redevelopment Plan,
43
44
45 Section 2. The time limit on the effectiveness of the Redevelopment Plan shall be
46 extended by two years fo September 27, 2019 for the Original Project Area.
47
48 Section 3. The time limit on the receipt of property taxes and. repayment of
49 indebtedness pursuant to Health and Safety Code section 33670 shall be extended two years to
50 September 27, 2029 for the Original Project Area.
51
Ordinance No. 2254 N.C.S. Page 2
1 Section 4. Ordinance Nos. 1221, 1973, 2092, 21 16 and 2184 are continued in full force
2 and effect except as amended by this Ordinance.
3
4 Section 5. The City Clerk is hereby directed to send a certified copy of this
5 Ordinance to the Agency..
6
7 Section 6. If any section, subsection, sentence, clause or phrase or word of this
8 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
9 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
10 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
11 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
12 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
13 invalid.
14
15 Section 7. This ordinance shall become effective thirty (30) days after the date of its
16 adoption by the Petaluma City Council.
17
18 Section 8. The City Clerk is hereby directed to post this ordinance for the period and in
19 the manner required by the City Charter.
20
21
22
23 INTRODUCED and ordered posted/e~ this 1 1 th day of September, 2006.
24
25 ADOPTED this 18'h day of September, 2006 by the following vote:
26
27 AYES: Mayor Glass, Harris, Vice Mayor Nau, O'Brien, Torliatt
28 NOES: None
29 ABSENT: None
30 ABSTAIN: Healy
31
32
33
34
35
36 David Glass, Mayor
37
38
39 ATTEST: APPROVED AS TO FORM:
40
41
42
43 Claire Cooper, City Clerk Eric W. Danly, City A~ rney
Ordinance No. 2254 N.C.S. Page 3