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HomeMy WebLinkAboutORD NO 4591 ORDINANCE NO. 4 5 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN BAKERSFIELD REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33333.6(e)(2)(C) AND (D), RESTATING CERTAIN PROVISIONS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Bakersfield (the "City Council") approved and adopted the Downtown Bakersfield Redevelopment Plan (the "Original Plan") pursuant to Ordinance No. 2033 on August 14, 1972, thereby creating the "Downtown Bakersfield Redevelopment Project," which encompassed a certain area within the City of Bakersfield ("Parcel 1 Area"); and WHEREAS, the Original Plan was adopted pursuant to the California Redevelopment Law, constituting Health and Safety Code Section 33000 et seq. ("CRL"); and WHEREAS, the Original Plan was subsequently amended: (a) by Ordinance No, 2216, adopted on November 25, 1974, which added territory to the project area ("Parcel 2 Area"); (b) by Ordinance No. 2291, adopted on August 30, 1976, which added territory to the project area ("Parcel 3 Area"), (c) by Ordinance No, 2539, adopted on December 12, 1979, which added territory to the project area ("Parcel 4 Area" and, together with the Parcel 1 Area, the Parcel 2 Area, the Parcel 3 Area and the Parcel 4 Area, the "Project Area"); (d) by Ordinance No. 3082, adopted on December 10, 1986, which added certain limits to the plan, (e) by Ordinance No. 3615, adopted on October 12, 1994, which revised certain limits as permitted by AB 1290 and by (h) by Ordinance No. 4157 on November 19, 2003, which eliminated the time limits for incurrence of indebtedness pursuant to Section 33333,6(e)(2) of the CRL (as amended collectively referred to as the "Redevelopment Plan"); and WHEREAS, the Bakersfield Redevelopment Agency (the "Agency") has been given the authority to carry out the functions and requirements of the CRL and to implement the Redevelopment Plan; and WHEREAS, Section 33333,6(e)(2)(C) of the CRL provides that when an agency is required to make a payment into the county's Educational Revenue Augmentation Fund ("ERAF") fund for Fiscal Year 2003-04 pursuant to Section 33681.9 of the CRL, the legislative body may amend the redevelopment plan to extend by one year for each payment the time limit on the effectiveness and the time to receive tax increment and repay indebtedness upon the making of certain findings (the "SB 1045 Amendment"); and 0~ OA F 9 T T U r ONIGI~! 01099/0012/68016.01 WHEREAS, pursuant to Section 33333.6(c) of the CRL, where a redevelopment plan adds territory, the limits apply separately to each added area from the date of adoption of each added area; and WHEREAS, Section 33333.6(e)(2)(D) of the CRL (enacted by SB 1096, Stats. 2004, Chap. 211) provides that when an agency is required to make a payment to the county's ERAF pursuant to Section 33681.12 of the CRL (during fiscal years 2004-05 and/or 2005-06), the legislative body may amend the redevelopment plan by adoption of an ordinance to extend, by one year for each year in which a payment is made, the time limit on the effectiveness of the redevelopment plan and the time limit on the repayment of indebtedness and receipt of tax increment funds (hereinafter referred to as an "SB 1096 Amendment") if the time limit for the effectiveness of the redevelopment plan established pursuant to subdivision (a) of 33333,6 is 10 years or less from the last day of the fiscal year in which a payment is made or (b) between 10 and 20 years upon the makings of certain findings; and WHEREAS, the Agency made payments to the County of Kern ERAF pursuant to Sections 33681,9 and 33681.12 of the CRL during fiscal years 2003-04, 2004-05 and 2005-06; and WHEREAS, Agency desires to amend the Redevelopment Plan in accordance with said aforementioned sections and has requested so of the City Council; and WHEREAS, said amendment would extend the effectiveness of Redevelopment Plan with respect to the Parcel 1 Area to August 14, 2015, the Parcel 2 Area to November 25, 2017, the Parcel 3 Area to August 30, 2019, and the Parcel 4 Area to December 12, 2022; and WHEREAS, said amendment would extend the time limit to repay indebtedness and receive tax increment with respect to the Parcel 1 Area to August 14, 2025, the Parcel 2 Area to August 14, 2027, the Parcel 3 Area to August 30, 2029 and the Parcel 4 Area to December 12, 2032; and WHEREAS, Sections 33333,6(e)(2)(C) and (D) of the CRL further provide that in adopting such amendments, neither the legislative body nor the redevelopment agency is required to comply with CRL Section 33354,6 or Article 12 or any other provision of the CRL relating to the amendment of redevelopment plans; and WHEREAS, a notice of public hearing was duly and regularly published in the Bakersfield Californian, a newspaper of general circulation in the City of Bakersfield on September 13, 2009, and a copy of said notice is on file with the City Clerk; and O~ ~AKF9~ v c 2 ORIGINA! WHEREAS, copies of the notice of public hearing were mailed to each taxing entity which receives taxes from property in Project Area on or before August 21, 2009 relating to the hearing on September 23, 2009; and WHEREAS, on September 23, 2009, the City Council held a public hearing ; and WHEREAS, the Agency has also requested that the City Council restate certain financing limits adopted by prior Ordinances into the Redevelopment Plan; and WHEREAS, the City Council has provided an opportunity for all persons to be heard and has received and considered all written and oral evidence and testimony presented for or against any and all aspects of the proposed amendment to the Redevelopment Plan; and WHEREAS, the amendment is not a "project" under the California Environmental Quality Act ("CEQA") pursuant to Section 15378(b) (2), (4) and (5) of the CEQA Guidelines; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAKERSFIELD: Section 1. The City Council hereby finds and declares that the above recitals are true and correct. Section 2. The City Council has reviewed the items submitted herewith, the testimony at the hearing, the findings in the staff report, the Redevelopment Plan and the current Five-Year Implementation Plan relating to the Agency's project areas and hereby finds and declares and finds that : (a) The Agency is in compliance with the requirements of Sections 33334.2 and 33334.6 of the CRL, as applicable; and (b) The Agency has adopted an implementation plan in accordance with the requirements of Section 33490 of the CRL; and (c) The Agency is in compliance with subdivisions (a) and (b) of Section 33413, to the extent applicable; and (d) The Agency is not subject to sanctions pursuant to subdivision (e) of Section 33334.12 for failure to expend, encumber or disburse an excess surplus from its Housing Fund; and AKe r U C 3 ORIGINAL (e) The funds used by the Agency to make the payments to the Educational Revenue Augmentation Fund pursuant to Section 33681.12 would otherwise have been used to pay the costs of projects and activities necessary to carry out the goals and objectives of the Redevelopment Plan. Section 3. The City Council hereby extends the effectiveness of the Redevelopment Plan for the Parcel 1 Area to August 14, 2015, the Parcel 2 Area to November 25, 2017, the Parcel 3 Area to August 30, 2019, and the Parcel 4 Area to December 12, 2022, and the time to receive tax increment and pay indebtedness with respect to the Parcel 1 Area to August 14, 2025, the Parcel 2 Area to August 14, 2027, the Parcel 3 Area to August 30, 2029 and the Parcel 4 Area to December 12, 2032. Section 4. The amendment to the Redevelopment Plan attached hereto as "Exhibit A" (the "Amendment") is hereby incorporated in this Ordinance by reference and made a part of this Ordinance as if set out in full in the Ordinance. Section 5, The Amendment is hereby adopted, approved and designated as part of the official Redevelopment Plan for the Project Area.. It is the purpose and intent of the City Council that the Amendment be implemented as part of the Redevelopment Plan. The Executive Director of the Agency may prepare a document that incorporates the provisions of the Amendment (and any prior amendments) into the existing text of the Redevelopment Plan, and such document shall then constitute the official Redevelopment Plan for the Downtown Project Area. Section 6, To the extent of the Amendment, this Ordinance amends the prior ordinances related to the Redevelopment Plan. Section 7. The City Council hereby authorizes the filing of a CEQA Notice of Exemption. Section 8. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance or the Amendment is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance or the Amendment. Section 9. All provisions of the Redevelopment Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. Section 10. This Ordinance shall be published and posted according to the City's normal practice before its final passage, and shall be in full force and effect thirty (30) days after its final passage. r ~ C ORIGINAL 4 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Bakersfield Redevelopment Agency at a regular meeting thereof held on OCT 0 7 ZUW by the following vote: YF ~ AGENCY MEMBER BENHAM, COUCH, HANSON, SCRI NER, SULLIVAN, WEIR NOES: AGENCY MEMBER AGENCY MEMBER QABSE~ AGENCY MEMBER CL,rSa~ 1155b. CITY CLERK and Ex Offici erk of the Council of the City of Ba ersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: JO HUA . RUDNICK De1tty City Attorney II o~ g AKF s ~ r U G 5 ORIGINAL EXHIBIT A AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE DOWNTOWN REDEVELOPMENT PROJECT ADOPTED , 2009 Pursuant to Ordinance No. , adopted on , this Amendment is adopted as of and incorporated as part of the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project: 1. DEFINITIONS. All definitions, unless otherwise stated herein, shall have the meanings given to such terms in the Amended Redevelopment Plan for the Downtown Bakersfield Redevelopment Project, dated December 1979, as amended by Ordinance No. 3082, adopted on December 10, 1986, which added certain limits to the plan, Ordinance No. 3615, adopted on October 12, 1994, which revised certain limits as permitted by AB 1290 and by Ordinance No. 4157 on November 19, 2003, which eliminated the time limits for incurrence of indebtedness pursuant to California Health and Safety Code Section 33333.6(e)(2) and any other previous amendments to the plan (collectively, referred to herein as the "Plan"). ll. UPDATED FINANCING LIMITATIONS. Notwithstanding any provisions of the Plan to the contrary, pursuant to Ordinance No. 4157 adopted by the City Council on November 19, 2003, which eliminated the time limits for incurrence of indebtedness, and Ordinance No, adopted on , extending certain time limits relating to the Plan, the following financing limitations apply the respective areas of the Plan and the applicable areas thereof: (A) with respect to the Parcel 1 (original project boundaries adopted August 14, 1972): 1. The time limit for the effectiveness of the Parcel 1 area of the Plan is August 14, 2015. 2. The time limit to establish loans, advances and indebtedness is eliminated. 3. The time limit to repay indebtedness and receive property taxes pursuant to Section 33670 of the California Health and Safety Code ("CRL") is August 14, 2025. (B) with respect to the Parcel 2 (area added on November 25, 1974): 1. The time limit for the effectiveness of the Parcel 2 area of the Plan is November 25, 2017. a ~ h R' r U L 6 ORIGIN/V- 2. The time limit to establish loans, advances and indebtedness is eliminated. 3. The time limit to repay indebtedness and receive property taxes pursuant to the CRL is November 25, 2027. (C) with respect to the Parcel 3 (area added on August 30, 1976): 1. The time limit for the effectiveness of the Parcel 3 area of the Plan is August 30, 2019. 2. The time limit to establish loans, advances and indebtedness is eliminated. 3. The time limit to repay indebtedness and receive property taxes pursuant to the CRL is August 30, 2029. (D) with respect to the Parcel 4a and b (area added on December 12, 1979): 1. The time limit for the effectiveness of the Parcel 4 area of the Plan is December 12, 2022. 2. The time limit to establish loans, advances and indebtedness is eliminated. 3. The time limit to repay indebtedness and receive property taxes pursuant to the CRL is December 12, 2032. III. AMENDMENTS. Except as amended hereby, the Plan remains in full force and effect. From and after the date hereof, any references to the Plan shall mean the Plan, as amended hereby. 4gAKe C) c 7 ORIGINA?_ AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 9th day of October , 2009 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4591, passed by the Bakersfield City Council at a meeting held on the 7th day of October, 2009 and entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN BAKERSFIELD REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTIONS 33333.6 (E)(2)(C) AND (D), RESTATING CERTAIN PROVISIONS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: City CI k DEPUI~V SADOCUMEN'RFORMSWOP.ORD.wpd o``gAKe r_ m r U O ORIGINAL