HomeMy WebLinkAboutOrdinance 2420 N.C.S. 10/17/2011 ORDINANCE NO. 2420 N.C.S
FFECTIVE DATE
OF ORDINANCE
November 16, 2011
1 Introduced by Seconded by
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4 Gabe Kearney Teresa Barrett
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9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA,
10 DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT
11 PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND
12 SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE
13 PETALUMA COMMUNITY DEVELOPMENT COMMISSION
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16 WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety
17 Code Section 33000 et seq. (the "CRL "), the City Council (the "City Council ") of the City of
18 Petaluma (the "City ") approved and adopted the Redevelopment Plan for the Central Business
19 District Redevelopment Project and the Redevelopment Plan for the Petaluma Community
20 Development Redevelopment Project ( "Redevelopment Plans ") covering certain properties
21 within the City (the "Project Areas "); and,
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23 WHEREAS, the Petaluma Community Development Commission ( "Commission ") is a
24 redevelopment agency engaged in activities to execute and implement the Redevelopment
25 Plans pursuant to the CRL; and,
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27 WHEREAS, the Commission has undertaken redevelopment projects in the Project Areas
28 to eliminate blight, improve public facilities and infrastructure, construct and renovate
29 affordable housing, and work with private industry to create jobs and expand the local
30 economy; and,
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32 WHEREAS, the Commission has plans to implement a variety of redevelopment programs
33 and projects in the future to continue to eliminate and prevent blight, stimulate and expand
34 economic growth, and improve public infrastructure: and,
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36 WHEREAS, ABx1 26 (the "Dissolution Act ") and ABxI 27 (the "Voluntary Program Act "),
37 (collectively, the "Redevelopment Restructuring Acts "), have been enacted to significantly
38 modify the CRL generally as follows: the Dissolution Act immediately suspends all new
39 redevelopment activities and incurrence of indebtedness, and dissolves redevelopment
40 agencies effective October 1, 2011, and the Voluntary Program Act, through the addition of
41 Part 1.9 to the CRL (the "Voluntary Alternative Redevelopment Program "), allows a
Ordinance No. 2420 N.C.S. Page 1
1 redevelopment agency to avoid dissolution under the Dissolution Act by opting into an
2 alternative voluntary redevelopment program requiring specified annual contributions to local
3 school and special districts; and,
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5 WHEREAS, specifically, Section 34193(a) of the CRL (as added to the CRL by the
6 Voluntary Program Act) authorizes the City Council to enact an ordinance to comply with Part
7 1.9 of the CRL, thereby exempting the Commission from the provisions of the Dissolution Act, and
8 enabling the Commission to continue to exist and function under the CRL, so long as the City
9 complies with the Voluntary Alternative Redevelopment Program; and,
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11 WHEREAS, through the adoption of this Ordinance, it is the intent of the City Council to
12 enact the ordinance described in Section 34193(a) of the CRL and to participate in the
13 Voluntary Alternative Redevelopment Program set forth in Part 1.9 of the CRL; and,
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15 WHEREAS, pursuant to Section 34193.2(b) of the CRL, participation in the Voluntary
16 Alternative Redevelopment Program requires remittance of certain payments as set forth in the
17 Voluntary Program Act (as further described below); and,
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19 WHEREAS, by adoption of this Ordinance the City Council does not intend to waive any
20 rights of appeal regarding the amount of any remittance payments established by the California
21 Department of Finance, as provided in the Voluntary Program Act, or to waive its rights to object
22 to the Redevelopment Restructuring Acts, or any portions of them, in general; and,
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24 WHEREAS, on August 11, 2011, the California Supreme Court (the "Court ") agreed to
25 review the California Redevelopment Association and League of California Cities' petition
26 challenging the constitutionality of the Redevelopment Restructuring Acts and issued an order
27 granting a partial stay on specified portions of the Redevelopment Restructuring Acts, as
28 modified on August 17, 2011 and affirmed on September 14, 2011 (the "Stay "), including a stay
29 of the provisions of the Voluntary Program Act; and,
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31 WHEREAS, accordingly, the City Council intends to adopt this Ordinance understanding
32 that it will be effective only upon the lifting of the Stay and the Court's determination that the
33 Voluntary Program Act is constitutional.
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35 THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
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37 Section 1. Recitals. The Recitals set forth above are true and correct and
38 incorporated herein by reference.
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40 Section 2. Participation in the Voluntary Alternative Redevelopment Program. To the
41 extent required by law to maintain the existence and powers of the Commission under the CRL
42 (including the Redevelopment Restructuring Acts), the City Council hereby enacts the
43 ordinance authorized by Section 34193(a) of the CRL, whereby the City elects to and will comply
44 with the provisions of Part 1.9 of the CRL, including the making of the community remittance
45 payments called for in Section 34194 of the CRL (the "Remittance Payments "), and whereby the
46 Commission will not be subject to dissolution or the other prohibitions and limitations of Parts 1.8
47 and 1.85 of the CRL as added by the Dissolution Act.
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49 Section 3. Effect of Stay or Determination of Invalidity. The City shall not make any
50 Remittance Payments during the Stay or in the event the Court or any court of competent
51 jurisdiction determines that ABx1 26 and /or ABx1 27 are unconstitutional and therefore invalid,
52 and all appeals therefrom are exhausted or unsuccessful, or the time for appeal therefrom has
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1 lapsed. Any Remittance Payments shall be made under protest and without prejudice to the
2 City's right to recover such amount and interest thereon in the event that there is a final
3 determination of unconstitutionality. If there is a final determination of invalidity of ABxl 26
4 and /or ABx1 27, this Ordinance shall be deemed to be null and void and of no further force or
5 effect.
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7 Section 4. Additional Understandings and Intent. It is the understanding and intent of
8 the City Council that, once the Commission is again authorized to enter into agreements under
9 the CRL, the City will enter into an agreement with the Commission as authorized pursuant to
10 Section 34194.2 of the CRL, whereby the Commission will transfer annual portions of its tax
11 increment to the City in amounts not to exceed the annual Remittance Payments (the
12 "Commission Transfer Payments ") to enable the City, directly or indirectly, to make the annual
13 Remittance Payments. Unless otherwise specified by resolution of the City Council, it is the City
14 Council's intent that the City's annual Remittance Payments shall be made exclusively from the
15 Commission Transfer Payments or from other funds that become available as a result of the
16 City's receipt of the Commission Transfer Payments. The City Council does not intend, by
17 enactment of this Ordinance, to pledge any of its general fund revenues or other assets to make
18 the Remittance Payments, it being understood by the City Council that any Remittance
19 Payments will be funded solely from the Commission Transfer Payments and /or other assets
20 transferred to the City in accordance with the Voluntary Program Act.
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22 Section 5. Implementation. The City Manager or his designee is hereby authorized to
23 take all necessary actions to implement this Ordinance and comply with the Voluntary Program
24 Act, including, without limitation, providing required notices to the County Auditor - Controller, the
25 State Controller, and the Department of Finance, entering into any agreements with the
26 Commission to obtain the Commission Transfer Payments, and making the Remittance
27 Payments.
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29 Section 6. CEQA. The City Council finds, under Title 14 of the California Code of
30 Regulations, Section 15378(b) (4), that this Ordinance is exempt from the requirements of the
31 California Environmental Quality Act ( "CEQA ") in that it is not a project, but instead consists of
32 the creation and continuation of a governmental funding mechanism for potential future
33 projects and programs, and does not commit funds to any specific project or program. The City
34 Council therefore directs that a Notice of Exemption be filed with the County Clerk of the
35 County of Sonoma in accordance with CEQA Guidelines.
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37 Section 7. Custodian of Records. The documents and materials that constitute the
38 record of proceedings on which these findings are based are located at the City Clerk's Office
39 located at 11 English Street, Petaluma, CA 94952. The custodian for these records is the City
40 Clerk.
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42 Section 8. Severability. If any provision of this Ordinance or the application thereof
43 to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
44 applications of this Ordinance which can be given effect without the invalid provision or
45 application, and to this end the provisions of the Ordinance are severable. The City Council
46 hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any
47 particular portion thereof.
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49 Section 9. Publication. The City Clerk is hereby directed to publish or post this
50 Ordinance or a synopsis thereof for the period and in the manner provided by the City Charter
51 and any other applicable law.
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1 Section 10. Enactment and Effective Dates. This Ordinance shall be deemed enacted
2 as of the date of its adoption for purposes of Section 34193(a) of the CRL, and shall take effect
3 and will be enforceable thirty (30) days after its adoption, conditioned upon the lifting of the
4 Stay and the Court's determination that the Voluntary Program Act is constitutional.
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7 INTRODUCED and ORDERED posted /published this 3rd day of October 2011.
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9 ADOPTED this 17th day of October 2011, by the following vote:
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11 Ayes: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
12 Noes: None
13 Abstain: None
14 Absent: None
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21 Mayor
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25 ATTEST: APPROVED AS 1'O FORM:
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31 Deputy City Clerk City Attorney
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