HomeMy WebLinkAboutOrdinance 2253 N.C.S. 09/18/2006 EFFECTIVE DATE ORDINANCE NO. 2253 N.C.S.
OF ORDINANCE
October 18, 2006
1 Introduced by Seconded by
2
3 David Glass Mike O'Brien
4
5
6
7
8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
9 ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF
10 LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO THE
11 REDEVELOPMENT PLANS .FOR THE
12 CENTRAL BUSINESS DISTRICT PROJECT AREA AND THE
13 PETALUMA COMMUNITY DEVELOPMENT PROJECT AREA
14
15
16 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
17
18 WHEREAS, the City Council of the City of Petaluma (the "City Council"), originally
19 approved and adopted a redevelopment plan for the Central Business District Project Area (the
20 "CBD Project Area") on September 27, 1976 by Ordinance No. 1221 N.C.S., and subsequently
21 amended such plan by Ordinance No. 1973 N.C.S. adopted November 21, 1994, Ordinance No.
22 2092 N.C.S. adopted July 21, 1999, Ordinance No. 2116 N.C.S. adopted June 18, 2001 and
23 Ordinance No. 2184 N.C.S. adopted June 7, 2004 (as so amended hereafter the "CBD
24 Redevelopment Plan"); and,
25
26 WHEREAS, Ordinance No. 2116 N.C.S. adopted June 18, 2001, added territory (the
27 "Added Area") to the redevelopment project area originally established in 1976 (the "Original
28 CBD Project Area"); and,
29
30 WHEREAS, the City Council originally approved and adopted a redevelopment plan for
31 the Community Development Project Area (the "PCD Project Area") on July 18, 1988 by
32 Ordinance No. 1725 N.C.S. and subsequently amended such redevelopment plan by Ordinance
33 No. 1972 N.C.S. adopted November 21, 1994, Ordinance No. 2100 N.C.S. adopted April 3, 2000,
34 and Ordinance No. 2183 N.C.S. adopted June 7, 2004 (as so amended hereafter the "PCD
35 Redevelopment Plan"); and,
36
37 WHEREAS, the Petaluma Community Development Commission (the "PCDC"), has been
38 designated as the official redevelopment agency in the City of Petaluma to carry out the
39 functions and requirements of the Community Redevelopment Law of the State of California
40 (Health and Safety Code Section 33000 et seq.) and to implement the CBD Redevelopment Plan
41 and the PCD Redevelopment Plan; and,
42
Ordinance No. 2253 N.C.S. Page l
1 WHEREAS, the CBD Redevelopment Plan and the PCD Redevelopment Plan specify a
2 time limit for the establishment of loans, advances and indebtedness in the Original CBD Project
3 Area and the PCD Project Area, respectively; and,
4
5 WHEREAS, Health and Safety Code Section 33333.6(e) (2) (B) permits redevelopment plans
6 which were adopted on or before December 31, 1993 to be amended by ordinance to
7 eliminate the time limit on the establishment of loans, advances and indebtedness, and provides
8 that in adopting such an ordinance neither the legislative body nor the redevelopment agency
9 is required to follow the procedural requirements ordinariVy required for the amendment of
10 redevelopment plans; and,
11
12 WHEREAS, when a redevelopment plan is amended to eliminate the time limit on
13 establishment of loans, advances and indebtedness pursuant to Section 33333.6(e) (2) (B),
14 commencing in the first fiscal year following the date that such time limit would otherwise have
15 expired, the redevelopment agency is required to pay to each affected taxing entity the
16 statutory pass-through payments set forth in Section 33607.5 (b), (c), (d) and (e) unless the
17 agency and the affected taxing entity had entered into a contractual pass-through agreement
18 prior to January 1, 1994; and,
19
20 WHEREAS, the City Council has determined, in consultation ~Nith the PCDC, that
21 eliminating the time limit for establishing loans, advances and indebtedness will assist in
22 accomplishing the goals and objectives of the CBD Redevelopment Plan and the PCD
23 Redevelopment Plan.
24
25
26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
27 HEREBY ORDAIN AS FOLLOWS:
28
29 Section 1. The time limit set forth in the CBD .Redevelopment Plan for the
30 establishment of loans, advances and indebtedness for the Original CBD Project Area is hereby
31 eliminated pursuant to Section 33333.6(e)(2)(B) of the California Health & Safety Code.
32
33 Section 2. The time limit set forth in the PCD Redevelopment Plan for the
34 establishment of loans, advances and indebtedness is hereby eliminated pursuant to Section
35 33333.6 (e) (2) (B) of the California Health & Safety Code.
36
37 Section 3. The CBD Redevelopment Plan and the PCD Redevelopment Plan are
38 otherwise continued in full force and effect except as amended by this Ordinance.
39
40 Section 4. The City Clerk is hereby directed to send a certified copy of this
41 Ordinance to the PCDC.
42
43 Section 5. If any section, subsection, sentence, clause or phrase or word of this
44 ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
45 of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
46 this ordinance. The City Council of the City of Petaluma hereby declares that it would have
47 passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
48 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
49 invalid.
50
51 Section 6. This ordinance shall become effective thirty (30) days after the date of its
52 adoption by the Petaluma City Council.
Ordinance No. 2253 N.C.S. Page 2
1
2 Section 7. The City Clerk is hereby directed to post this ordinance for the period and
3 in the manner required by the City Charter.
4
5 INTRODUCED and ordered posted/wed this 1 1'h day of September, 2006.
6
7 ADOPTED this 18'h day of September, 2006 by the following vote:
8
9 AYES: Mayor Glass, Harris, Vice Mayor Nau, O'Brien, Torliatt
10 NOES: None
11 ABSENT: None
12 ABSTAIN: Healy
13
14
15
16 L~'~- _
17 - id Glass, Mayor
18
19
20 ATTEST: APPROVED AS TO FORM:
21 I
22
23
24 Claire Cooper, City Clerk Eric W. Danly, City ttorney
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Ordinance No. 2253 N.C.S. Page 3