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Home My WebLink AboutORD NO 4589 ORDINANCE NO. 4 5 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OLD TOWN KERN- PIONEER REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.2(c), 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 Redevelopment Plan for the Old Town Kern-Pioneer Redevelopment Project (the "Redevelopment Plan") pursuant to Ordinance No. 3904 on June 30, 1999, thereby creating the "Old Town Kern-Pioneer Redevelopment Project" (the "Project Area"), which encompassed a certain area within the City of Bakersfield; 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 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 33333.2(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 WHEREAS, the Agency made ERAF payment pursuant to Section 33681.9 of the CRL during fiscal year 2003-04; and WHEREAS, Agency desires to amend the Redevelopment Plan in accordance with said aforementioned section; and WHEREAS, said amendment would extend the effectiveness of the Redevelopment Plan to June 30, 2030, and the time to receive tax increment and pay indebtedness to June 30, 2045; and o~ 0 AKF9~ v L 01099/0012/68049.01 O R I G IN-,' WHEREAS, Section 33333.2(c) of the CRL further provides that in adopting such amendment, 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, the City Council has reviewed the material submitted herewith and 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 SB 1045 Amendment to the Redevelopment Plan with respect to the Project Area; and WHEREAS, the City Council desires to amend the Redevelopment Plan in accordance with the terms of the SB 1045 Amendment; 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 hereby extends the effectiveness of the Redevelopment Plan to June 30, 2030 and the time to receive tax increment and pay indebtedness to June 30, 2045. Section 4. The amendment to the Redevelopment Plan attached hereto as "Exhibit A" (the "Amendment") is hereby adopted and 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 Project Area. It is the purpose and intent of the City Council that the Amendment be implemented as part of the Redevelopment Plan. From and after the date of the effectiveness, of this Ordinance, references to the Redevelopment Plan shall mean the Redevelopment Plan, as amended by the Amendment. All provisions of the Redevelopment Plan not specifically amended or repealed in this Amendment shall continue in full force and effect. Section 6. To the extent of the amendment set forth in the Amendment, this Ordinance amends the prior ordinances mentioned in this Ordinance. o~pAK& a ~ r ORIGINAI. 1045 Amendment OTK Section 7, 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 8. 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, HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Bakersfield Redevelopment Agency at a regular meeting thereof held on OCT U 7 200b , by the following vote: ✓ ✓ P-1 t~- ✓ t✓ VAYE AGENCY MEMBER BENHAM, COUCH, HANSON, SCRIVNER, SULLIVAN, WEIR AGENCY MEMBER ABSIAIUl AGENCY MEMBER BSENT: AGENCY MEMBER C-of C-10% CITY CLERK and Ex Offici Jerk of the Council of the City of Bakersfield APPROV HARVEY L. HALL MAYOR of the City of Bakersfiel APPROVED as to form: VIRGINIA GENNARO City Attorney By: JOS U . RUDNICK Dep City Attorney II ok ~ AKF9~ rr-; U r 1045 Amendment OTK ORIGINA! EXHIBIT A FIRST AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE OLD TOWN KERN-PIONEER REDEVELOPMENT PROJECT DATED Pursuant to Ordinance No. , adopted on , this First Amendment to the Redevelopment Plan for the Old Town Kern-Pioneer Redevelopment Project (the "Redevelopment Project") is adopted and dated and incorporated into the Redevelopment Plan for Redevelopment Project as follows: 1. Definitions. Terms not defined herein shall have the meanings given thereto in the Redevelopment Plan for the Redevelopment Project originally adopted on June 30, 1999 (the "Redevelopment Plan.") II. Amendment to Section V.B. (Section 510) of the Redevelopment Plan. The final paragraph of Section V.B. (Section 510) of the Redevelopment Plan is hereby deleted and replaced in its entirety as set forth below: "The Agency may not receive and shall not repay indebtedness with the proceeds from property taxes received pursuant to this Section and from Section 33760 of the CRL beyond June 30, 2045, except to repay debt to be paid from the Low and Moderate Income Housing Fund established pursuant to Section 33334.2 of the CRL and Section 400, 410 and 420 of this Plan, or debt established to fulfill the Agency's obligations under Section 33413 of the CRL." III. Amendment to Section VI.B. (Section 610) of the Redevelopment Plan. Section 610 of the Redevelopment Plan is hereby deleted and replaced in its entirety as set forth below. "B. (Section 610) DURATION OF THIS PLAN'S DEVELOPMENT CONTROLS Pursuant to CRL Section 33333.2 and Ordinance No. the effectiveness of this Plan in the Project Area shall terminate on June 30, 2030. After the time limit for the effectiveness of this Plan, the Agency shall have no authority to act pursuant to this Plan, except to pay previously incurred indebtedness, to enforce existing covenants or contracts, including nondiscrimination and nonsegregation provisions, which shall run in perpetuity and to complete its housing obligation in accordance with CRL Section 33413." O~ g A K~~cP - m - r v c ORIGw/ 01099/0012/68049.01 IV. Amendment. Except as amended hereby, all provisions of the Redevelopment Plan remain in full force and effect. From and after the effectiveness of Ordinance No. all references to the Redevelopment Plan shall mean the Redevelopment Plan, as amended hereby. Off' ~ A KF~~ rr. C, L ORIGIN," 1045 Amendment OTK 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. 4589 , 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 OLD TOWN KERN-PIONEER REDEVELOPMENT PROJECT PURSUANT TO HEALTH AND SAFETY CODE SECTION 33333.2 (C). 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 A&- By: 0" ~m DEP Y Cit Clerk SAD0CUMENT\F0RMS\A0P.0RD.wpd o``pAKF9~ r U C