HomeMy WebLinkAboutOrdinance 2183 N.C.S. 06/07/20042
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
EFFECTIVE DATE OF
ORDINANCE
July 7, 2004 ORDINANCE NO. 2183 N.C.S.
Introduced by
Mike O'Brien
Seconded by
Mike Healy
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
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 Community Development
Project Area (the "Project Area") on July 18, 1988, by Ordinance No. 1725 N.C.S.; and,
WHEREAS, the Redevelopment Plan was amended by Ordinance No. 1972 N.C.S.
adopted November 21, 1994, and by Ordinance No. 2100 N.C.S. adopted April 3, 2000
(as so amended hereafter the "Redevelopment Plan," and,
WHEREAS, the Redevelopment Plan contains 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 Project Area; and,
WHEREAS, the Redevelopment Agency of the City of Petaluma, California (the
"Agency"), 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 September 1, 2003, SB 1045 added Section 33681.9 to the
Health and Safety Code, pursuant to which the Agency is required to make a payment
Ordinance No. 2183 N.C.S. Page 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
during the 2003-04 fiscal year for deposit in the Sonoma County Educational Revenue
Augmentation Fund; and
WHEREAS, SB 1045 amends 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 33681.9, the legislative body may, by adoption of an ordinance, amend a
redevelopment plan to extend by one year the time limit on the effectiveness of the
plan and the time limit for repayment of agency indebtedness with tax increment
funds; and,
WHEREAS, SB 1045 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The time limit on the effectiveness of the Redevelopment Plan shall
be extended by one year to August 18, 2029.
Section 2. The time limit on the receipt of property taxes and repayment of
indebtedness pursuant to Health and Safety Code section 33670 shall be
extended one year to August 18, 2039.
Section 3. Ordinance Nos. 1725, 1972 and 2100 are 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 Agency.
Ordinance No. 2183 N.C.S. Page 2
1 Section 5. If any section, subsection, sentence, clause or phrase or word of
2 this ordinance is for any reason held to be unconstitutional, unlawful or otherwise
3 invalid by a court of competent jurisdiction, such decision shall not affect the
4 validity of the remaining portions of this ordinance. The City Council of the City
5 of Petaluma hereby declares that it would have passed and adopted this
6 ordinance and each and all provisions thereof irrespective of the fact that any
7 one or more of said provisions be declared unconstitutional, unlawful or
8 otherwise invalid.
9
10 Section 6. This ordinance shall become effective thirty (30) days after the
1 1 date of its adoption by the Petaluma City Council.
12
13 Section 7. The City Clerk is hereby directed to post this ordinance for the
14 period and in the manner required by the City Charter.
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
INTRODUCED and ordered posted/wed this 17'h day of May 2004.
ADOPTED this 7'h day of June 2004, by the following vote:
AYES: Mayor Glass, Harris, Healy, Vice Mayor Moynihan, O'Brien,
Thompson, Torliatt
NOES: None
ABSENT: None
i
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Gayle P ersen, City Clerk Rich d R. Ru nansky, City ttorney
Ordinance No. 2183 N.C.S. Page 3