Loading...
HomeMy WebLinkAboutOrdinance 2100 N.C.S. 04/17/2000n~ _`r ~° ~+~ ORDINANCE NO.. z l ooNCS Introduced by Councilmember Pamela Torliatt Seconded by Councilmember Matt Maguire AMENDING ORDINANCE NO. 1725 NCS AND APPROVING AND ADOPTING THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE PETALUMA COMMUNITY DEVELOPMENT PROJECT WHEREAS, the City Council of the City of Petaluma (the "City Council") adopted Ordinance No. 1725 NCS on August 17, 1988, approving and adopting the Redevelopment Plan, as amended (the "Redevelopment Plan"), for the Petaluma Community. Development Project (the "Project"); and WHEREAS, the Community Development Commission of the City of Petaluma (the "Commission") has been designated as the official redevelopment agency to carry out in the City of Petaluma the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et secy.) and to implement the Redevelopment Plan; and WHEREAS, the Commission has proposed an Amendment to the Redevelopment Plan for the Project (the "Amendment") to clarify (i) the limitation on the number of dollars of taxes that may be divided and allocated to the Commission pursuant to the Redevelopment Plan and (ii) the. limit on the principal amount of bonds representing tax allocation bonded indebtedness that can be outstanding at any one time and payable in whole or in part from tax allocation attributable to the Project; and WHEREAS, the Planning Commission of the City of Petaluma (the "Planning Commission") has reviewed the Amendment and recommended the approval and adoption of the Amendment, together with its certification that the Amendment conforms to the General Plan of the City of Petaluma; and WHEREAS, the City Council has received from the Commission the proposed Amendment, together with the Report of the Commission and the Negative Declaration on the Amendment; and Or~12 i OONCS 1 WHEREAS, the City Council and the Commission held a joint public hearing on April 3, 2000, on adoption of the Amendment and on approval of the Negative Declaration on said Amendment, in the City Council Chambers, City Hall, 11 English Street, Petaluma, California; and WHEREAS, a notice of said hearing was duly and regularly published in the Argus Courier, a newspaper of general circulation in the City of Petaluma, once a week for four successive weeks prior to the date of said hearing, and a copy of said notice and affidavit of publication are on file with the City Clerk and the Commission; and WHEREAS, copies of the notice of public hearing were mailed by first-class mail to all residents and businesses within the Project Area; and WHEREAS, copies of the notice of public hearing were mailed by first-class mail to the last known address of each assessee of each parcel of land in the Project Area, as shown on the last equalized assessment roll of the County of Sonoma; and WHEREAS, copies of the notice of public hearing were mailed by certified mail with return receipt requested to the governing body of each taxing agency which receives taxes from property in the Project Area; and WHEREAS, the Council has considered the Report of the Commission and the report and recommendation of the Planning Commission, the Amendment and its economic feasibility, the Negative Declaration, and provided an opportunity for all persons to be heard, and has received and considered all evidence and testimony presented for or against any and all aspects of the Amendment; and WHEREAS, the Commission and the City Council have reviewed and considered the Negative Declaration on the Amendment, as prepared and submitted pursuant to Public Resources Code Section 15074 and Health and Safety Code Section 3352, and determined that the Amendment will not have a significant effect on the environment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF I'ETALUIVIA HEREBY ORDAINS AS FOLLOWS: Section 1. The purposes and intent of the City Council with respect to the Amendment are to clarify (i) the limitation on the number of dollars of taxes that may be divided and allocated to the Commission pursuant to the Redevelopment Plan and (ii) the limit on the principal amount of bonds representing tax allocation bonded indebtedness that can be outstanding at any one time and payable in whole or in part from tax allocation attributable to the Project. Section 2. The Council is satisfied that all written objections received before or at the noticed public hearing have been responded to in writing. In addition, written findings have been adopted in response to each written objection of an affected property owner or taxing entity which has been filed with the City Clerk either before or at the noticed public hearing. Orc:..2 -I'0 @ICS 2 Section 3. The City Council hereby finds and determines that: a. Significant blight remains within the Project Area and said blight cannot be eliminated without clarifying (i) the limitation on the number of dollars of taxes that may be divided and allocated to the Commission pursuant to the Redevelopment Plan and (ii) the limit on the principal amount of bonds representing tax allocation bonded indebtedness that can be outstanding at any one time and payable in whole or in part from tax allocation attributable to the Project. b. The Amendment will enable the Project Area to be redeveloped in conformity with the Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. This finding is based upon the fact that redevelopment of the Project Area, as contemplated by the Redevelopment Plan, as amended by the Amendment, will implement the objectives of the Community Redevelopment Law by aiding in the elimination and correction of the conditions of blight and deterioration in the Project Area; provide for planning, development, redesign, clearance, reconstruction or rehabilitation of properties which need improvement; providing affordable housing, including housing for low- and moderate-income persons; providing additional employment opportunities, and providing for higher economic utilization of potentially useful land. c. The adoption and carrying out of the Amendment is economically sound and feasible. This finding is based upon the fact that under the Redevelopment Plan, as proposed to be amended, the Commission will be authorized to seek and utilize a variety of potential financing resources, including tax increments; that the nature and timing of public redevelopment assistance will depend on the amount and availability of such financing resources, including tax increments generated by new investment in the Project Area; and that under the Redevelopment Plan, as proposed to be amended, no public redevelopment activity will be undertaken unless the Commission can demonstrate that it has adequate revenue to finance the activity. d. The Amendment conforms to the General Plan of the City of Petaluma, including, but not limited to, the community's housing element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This finding is based on the report of the Planning Commission that the Amendment conforms to the General Plan of the City of Petaluma. e. The carrying out of the Amendment will promote the public peace, health, safety and welfare of the City of Petaluma and will effectuate the purposes and policies of the Community Redevelopment Law. This finding is based upon the fact that redevelopment, as contemplated by the Redevelopment Plan, as amended by the Amendment, will benefit the Project Area by correcting conditions of blight and by coordinating public and private actions to stimulate development and improve the economic, social and physical conditions of the Project Area. Ord. 2-~1?O~NCS ~ ' ~ f The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Commission. This finding is based upon the continued existence of blighting influences, including the lack of adequate public improvements, and the inability of individual developers to economically remove these blighting influences without public assistance to acquire and assemble sites for development, and the provisions of public improvements, facilities and utilities, the inability of low- and moderate-income persons to finance needed improvements, and the inadequacy of other govermnental programs and financing mechanisms to eliminate blight, including the provision of necessary public improvements and facilities. g. The time limitation and the limitation on the number of dollars to be allocated to the Commission that are contained in the Redevelopment Plan, as amended by the Amendment, are reasonably related to the proposed projects to be implemented in the Project Area and to the ability of the Commission to eliminate blight. within the Project Area. Section 4. The Redevelopment Plan for the Project, as adopted by Ordinance No. 1725 NCS, is hereby amended as set forth in the proposed "Amendment to the Redevelopment Plan for the Petaluma Community Development Project," attached hereto as Exhibit A and incorporated herein. As so amended, the Redevelopment Plan is hereby incorporated by reference herein and designated as the official Redevelopment Plan for the Petaluma Community Development Project. The Executive Director of the Commission is hereby authorized to combine the Redevelopment Plan, as amended by this Amendment, into a single document, and said document, when filed with the City Clerk and the Secretary of the Commission, shall constitute the official Redevelopment Plan in place of the document currently constituting said Redevelopment Plan. Section 5. In order to implement and facilitate the effectuation of the Amendment hereby approved, it may be necessary for the City Council to take certain actions, and accordingly, this City Council hereby (a) pledges its cooperation in helping to carry out the Amendment; (b) requests the various officials, departments, boards and agencies of the City having administrative responsibilities in the Project Area likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the redevelopment of the Project Area pursuant to the Amendment; (c) stands ready to consider and take appropriate action upon proposals and measures designed to effectuate the Amendment; and (d) declares its intention to undertake and complete any proceedings necessary to be carried out by the City under the provisions of the Amendment. Section 6. Ordinance No. 1725 NCS is continued in full force and effect as amended by this Ordinance. Section 7. The City Clerk is hereby directed to send a certified copy of this Ordinance to the Commission, whereupon the Commission is vested with the responsibility for carrying out the Redevelopment Plan as amended by the Amendment. Ord. 2-TO (T~dCS 4 ~~ Section 8. The City Clerk is hereby directed to record with the County Recorder of Sonoma County a notice of the approval and adoption of the Amendment pursuant to this Ordinance containing a statement that proceedings for the redevelopment of the Project Area pursuant to the Amendment have been instituted under the California Community Redevelopment Law. Section 9. The City Clerk is hereby directed to transmit a copy of this Ordinance Amending the Redevelopment Plan to the auditor, assessor and tax collector of the County of Sonoma, to the governing body of each of the taxing agencies which levies taxes upon any property in the Project Area and to the State Board of Equalization. Section 10. Effective Date. This Ordinance shall be in full force and effect-thirty (30) days after its adoption. Section 11. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Argus Courier, a newspaper of general circulation, published and circulated in the City of Petaluma, California. Section 12. Severability. If any part of this Ordinance, or the Amendment which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Amendment, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Amendment, if such invalid portion thereof had been deleted. INTRODUCED this 3"' day of April 2000. ADOPTED this 17"' day of April, 2000, by the following vote: AYES: Healy, Cader-Thompson, Keller, Hamilton, Maguire, Vice Mayor Torliatt, Mayor Thompson NOES: None ABSENT: None Mayor ATTEST: Cit 1 Ord.21 CJUNCS $