Amending Santa Rosa City Code CH 4-56, "Special Tax Financing Code", to amend the definition of "Services", to add other provisions relating to the financing of services, and to clarify the meaning of certain terms in the chapter

March 21, 2006


ORDINANCE NO. 3774

ORDINANCE OF THE COUNCIL OF THE CITY OF SANTA ROSA AMENDING SANTA ROSA CITY CODE CHAPTER 4-56, "SPECIAL TAX FINANCING CODE," TO AMEND THE DEFINITION OF "SERVICES," TO ADD OTHER PROVISIONS RELATING TO THE FINANCING OF SERVICES, AND TO CLARIFY THE MEANING OF CERTAIN TERMS IN THE CHAPTER

THE PEOPLE OF THE CITYOF SANTA ROSA DO ENACT AS FOLLOWS:

Section 1Recitals
The City of Santa Rosa (the "City") is a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5, and 7 of Article XI of the Constitution of the State of California and the Charter of the City (the "Charter"); and

On July 17, 2001, the City Council of the City acting under and pursuant to the powers reserved to the City under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California and the Charter, found that the public interest and necessity required the adoption of an ordinance to provide an alternative method of financing certain public and private capital facilities and municipal services, and adopted Ordinance No. 3527, adding Chapter 4-56, entitled the "City of Santa Rosa Special Tax Financing Code," to the Santa Rosa City Code.

The Council of the City now desires to amend the definition of "services" set forth in Section 4-56.110 of Chapter 4-56 and to add certain additional provisions relating to the financing of services.

Section 2.  Subsection (C) of Santa Rosa City Code Section 4-56.110 is amended in full to read as follows:
"(C) The term "services" shall include:
(1)  the operation, maintenance, cleaning, repair, replacement, or  removal of any facility which can be financed under this code or the Act; and 
(2)  to the extent not included in (1):
(a)  the operation, maintenance, cleaning, repair, replacement or removal of any landscaping and any ancillary improvements, including, without limitation, cultivation, irrigation, trimming, spraying, fertilizing, treating for disease or injury, and the removal of debris, rubbish, trimmings, or other solid waste;
(b) the cleaning, sandblasting and painting of walls or other improvements to remove graffiti, any of which items may be necessary and/or convenient for the care and preservation of any facility listed in subsection (A);
(c) riparian habitat restoration and/or preservation, including studies, testing, monitoring, weed abatement, dredging, and desiltation; and
(d) any measures, including, without limitation, studies, testing, and monitoring, required to prevent or remediate any soil movement or slippage.
 
Section 3. Section 4-56.115 is added to the Santa Rosa City Code to read as follows:
"4-56.115 Financing of Services
It is hereby specifically provided that in proceedings under this code for maintenance and/or services, the following shall not apply:
(A) The final paragraph of section 53313 of the Act.
(B) The limitations set forth in the third and fourth sentences of section  53313(c) of the Act."

Section 4. Section 4-56.010 of the Santa Rosa City Code is amended to read as follows:
"4-56.010 Title.
This chapter shall be known and may be cited as the "City of Santa Rosa Special Tax Financing Code," and shall be referred to herein as "this code" or "this chapter."

Section 5. Section 4-56.080 of the Santa Rosa City Code is amended to read as follows:
"4-56.080 Construction.
(A) This chapter is to be liberally construed.
(B) The words, "including" and "includes" as used in this chapter are terms of enlargement and broadening and not terms of limitation, whether or not they are accompanied by the clause "but not limited to" or "without limitation"."

Section 6Severability.  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 Council of the City of Santa Rosa 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 7.  Environmental.  The adoption of this procedural ordinance is not a project as set forth in State CEQA Guidelines section 15378(b)(4).

Section 8.  Effective Date.  This ordinance, following its publication, shall become effective upon the expiration of thirty (30) days from the date of its adoption.

IN COUNCIL DULY PASSED AND ADOPTED this 21st day of March, 2006.

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