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
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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
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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
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(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.
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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
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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.
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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.
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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
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