HomeMy WebLinkAboutOrdinance 2253 N.C.S. 09/18/20061
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
EFFECTIVE DATE
OF ORDINANCE
October 18, 2006
Introduced by
David Glass
ORDINANCE NO. 2253 N.C.S.
Seconded by
Mike O'Brien
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF
LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO THE
REDEVELOPMENT PLANS FOR THE
CENTRAL BUSINESS DISTRICT PROJECT AREA AND THE
PETALUMA COMMUNITY DEVELOPMENT 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 "CBD
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
CBD Project Area"); and,
WHEREAS, the City Council originally approved and adopted a redevelopment plan for
the Community Development Project Area (the "PCD Project Area") on July 18, 1988 by
Ordinance No. 1725 N.C.S. and subsequently amended such redevelopment plan by Ordinance
No. 1972 N.C.S. adopted November 21, 1994, Ordinance No. 2100 N.C.S. adopted April 3, 2000,
and Ordinance No. 2183 N.C.S. adopted June 7, 2004 (as so amended hereafter the "PCD
Redevelopment Plan"); and,
WHEREAS, the Petaluma Community Development Commission (the "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 CBD Redevelopment Plan
and the PCD Redevelopment Plan; and,
Ordinance No. 2253 N.C.S. Page l
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
WHEREAS, the CBD Redevelopment Plan and the PCD Redevelopment Plan specify a
time limit for the establishment of loans, advances and indebtedness in the Original CBD Project
Area and the PCD Project Area, respectively; and,
WHEREAS, Health and Safety Code Section 33333.6(e) (2) (B) permits redevelopment plans
which were adopted on or before December 31, 1993 to be amended by ordinance to
eliminate the time limit on the establishment of loans, advances and indebtedness, and provides
that in adopting such an ordinance neither the legislative body nor the redevelopment agency
is required to follow the procedural requirements ordinarily required for the amendment of
redevelopment plans; and,
WHEREAS, when a redevelopment plan is amended to eliminate the time limit on
establishment of loans, advances and indebtedness pursuant to Section 33333.6(e) (2) (B),
commencing in the first fiscal year following the date that such time limit would otherwise have
expired, the redevelopment agency is required to pay to each affected taxing entity the
statutory pass -through payments set forth in Section 33607.5 (b), (c), (d) and (e) unless the
agency and the affected taxing entity had entered into a contractual pass -through agreement
prior to January 1, 1994; and,
WHEREAS, the City Council has determined, in consultation with the PCDC, that
eliminating the time limit for establishing loans, advances and indebtedness will assist in
accomplishing the goals and objectives of the CBD Redevelopment Plan and the PCD
Redevelopment Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The time limit set forth in the CBD Redevelopment Plan for the
establishment of loans, advances and indebtedness for the Original CBD Project Area is hereby
eliminated pursuant to Section 33333.6(e)(2)(13) of the California Health & Safety Code.
Section 2. The time limit set forth in the PCD Redevelopment Plan for the
establishment of loans, advances and indebtedness is hereby eliminated pursuant to Section
33333.6 (e) (2) (B) of the California Health & Safety Code.
Section 3. The CBD Redevelopment Plan and the PCD Redevelopment Plan are
otherwise continued in full force and effect except as amended by this Ordinance.
Section 4. The City Clerk is hereby directed to send a certified copy of this
Ordinance to the PCDC.
Section 5. 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 irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 6. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Ordinance No. 2253 N.C.S. Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Section 7. The City Clerk is hereby directed to post this ordinance for the period and
in the manner required by the City Charter.
INTRODUCED and ordered posted/wed this 1 l th day of September, 2006.
ADOPTED this 18'h day of September, 2006 by the following vote:
AYES: Mayor Glass, Harris, Vice Mayor Nau, O'Brien, Torliatt
NOES: None
ABSENT: None
ABSTAIN: Healy
ATTEST:
b-O-W�
Claire Cooper, City Clerk
id Glass, Mayor
APPROVED AS TO FORM:
Q,4
Eric W. Danly, City ttorney
Ordinance No. 2253 N.C.S.
Page 3