HomeMy WebLinkAboutORD NO 4651ORDINANCE NO.
4651
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, DETERMINING IT WILL
COMPLY WITH THE VOLUNTARY ALTERNATIVE
REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF
DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY
CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE
AND OPERATION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF BAKERSFIELD.
WHEREAS, the City Council of the City of Bakersfield ("City") approved
and adopted the Redevelopment Plans for the Downtown Redevelopment
Area, Old Town Kern-Pioneer Redevelopment Area, and Southeast Bakersfield
Redevelopment Area ("Redevelopment Plan") covering certain properties
within the City (the "Project Areas"); and
WHEREAS, the Redevelopment Agency of the City of Bakersfield
("Agency") is engaged in activities to execute and implement the
Redevelopment Plan pursuant to the provisions of the California Community
Redevelopment Law (Health and Safety Code § 33000, et seq.) ("CRL"); and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has
undertaken redevelopment projects in the Project Areas to eliminate blight, to
improve public facilities and infrastructure, to renovate and construct affordable
housing, and to enter into partnerships with private industries to create jobs and
expand the local economy; and
WHEREAS, over the next few years, the Agency hopes to implement a
variety of redevelopment projects and programs to continue to eliminate and
prevent blight, stimulate and expand the Project Areas' economic growth,
create and develop local job opportunities and alleviate deficiencies in public
infrastructure, to name a few; and
WHEREAS, as part of the 201 1-12 State budget bill, the California
Legislature has recently enacted and the Governor has signed, companion bills
AB 1 X 26 and AB 1 X 27, requiring that each redevelopment agency be dissolved
unless the community that created it enacts an ordinance committing it to
making certain payments; and
WHEREAS, specifically, AB IX 26 prohibits agencies from taking numerous
actions, effective immediately and purportedly retroactively, and additionally
provides that agencies are deemed to be dissolved as of October 1, 2011; and
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ORIGINAL
WHEREAS, AB 1 X 27 provides that a community may participate in an
"Alternative Voluntary Redevelopment Program," in order to enable a
redevelopment agency within that community to remain in existence and carry
out the provisions of the CRL, by enacting an ordinance agreeing to comply
with Part 1.9 of Division 24 of the Health and Safety Code; and
WHEREAS, the Alternative Voluntary Redevelopment Program requires that
the community agree by ordinance to remit specified annual amounts to the
County Auditor-Controller; and
WHEREAS, under the threat of dissolution pursuant to AB 1 X 26, and upon
the contingencies and reservations set forth herein, the City shall make the Fiscal
Year 201 1-2012 community remittance, currently estimated to be Three Million
Seven Hundred Seventy Seven Thousand Eight Hundred Twenty Two Dollars
($3,777,822), as well as the subsequent annual community remittances as set
forth in the CRL; and
WHEREAS, the City reserves the right to appeal the California Director of
Finance's determination of the Fiscal Year 2011-12 community remittance, as
provided in Health and Safety Code Section 34194; and
WHEREAS, City understands and believes that an action challenging the
constitutionality of AB 1 X 26 and AB 1 X 27 has been filed on behalf of cities,
counties and redevelopment agencies; and
WHEREAS, while the City currently intends to make these community
remittances, they shall be made under protest and without prejudice to the
City's right to recover such amounts and interest thereon, to the extent there is a
final determination that AB 1 X 26 and AB 1 X 27 are unconstitutional; and
WHEREAS, the City reserves the right, regardless of any community
remittance made pursuant to this Ordinance, to challenge the legality of AB 1 X
26 and AB 1 X 27; and
WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains,
or grants a stay on the effectiveness of the Alternative Voluntary
Redevelopment Program's payment obligation of AB 1 X 26 and AB 1 X 27, the
City shall not be obligated to make any community remittance for the duration
of such injunction, restraint, or stay; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance
have occurred.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
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ORIGINAL
SECTION 1.
RECITALS. The Recitals set forth above are true and correct and
incorporated herein by reference.
SECTION 2.
PARTICIPATION IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT
PROGRAM. In accordance with Health and Safety Code Section 34193, and
based on the Recitals set forth above, the City Council hereby determines that
the City shall, to the extent required by law, comply with the provisions of Part
1.9 of Division 24 of the Health and Safety Code, as enacted by AB 1 X 27.
SECTION 3.
PAYMENT UNDER PROTEST. Except as set forth in Section 4, below, the City
Council hereby determines that the City shall make the community remittances
set forth in Health and Safety Code Section 34194 et seq.
SECTION 4.
EFFECT OF STAY OR DETERMINATION OF INVALIDITY. City shall not make
any community remittance in the event a court of competent jurisdiction either
grants a stay on the enforcement of AB 1 X 26 and AB 1 X 27 or determines that
AB 1 X 26 and AB 1 X 27 are unconstitutional and therefore invalid, and all
appeals therefrom are exhausted or unsuccessful, or time for filing an appeal
therefrom has lapsed. Any community remittance shall be made under protest
and without prejudice to the City's right to recover such amount and interest
thereon in the event that there is a final determination that AB 1 X 26 and AB 1 X
27 are unconstitutional. If there is a final determination that AB 1 X 26 and AB 1 X
27 are invalid, this Ordinance shall be deemed to be null and void and of no
further force or effect. This Ordinance shall not effect or give rise to any waiver
of rights or remedies that the City may have, whether in law or in equity, to
challenge AB 1 X 26 or AB 1 X 27. This Ordinance shall not be construed as the
City's willing acceptance of, or concurrence with, either AB 1 X 26 or AB 1 X 27;
nor does this Ordinance evidence any assertion or belief whatsoever on the part
of the City that said bills are constitutional or lawful.
SECTION 5.
IMPLEMENTATION. The City Council hereby authorizes and directs the City
Manager to take any action and execute any documents necessary to
implement this Ordinance, including but not limited to notifying the Kern County
Auditor-Controller, the Controller of the State of California, and the California
Department of Finance of the adoption of this Ordinance and the City's
agreement to comply with the provisions of Part 1.9 of Division 24 of the Health
and Safety Code, as set forth in AB 1 X 27.
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ORIGINAL
SECTION 6.
ADDITIONAL UNDERSTANDINGS AND INTENT. It is the understanding and
intent of the City Council that, once the Agency is again authorized to enter
into agreements under the CRL, the City will enter into an agreement with the
Agency as authorized pursuant to Section 34194.2, whereby the Agency will
transfer annual portions of its tax increment to the City in amounts not to exceed
the annual community remittance payments to enable the City, directly or
indirectly, to make the annual remittance payments. The City Council does not
intend, by enactment of this Ordinance, to pledge any of its general fund
revenues or assets to make the remittance payments. The City reserves the right
to withdraw from making the payments required by AB 1 X 27 should the amount
of such payments (as will be determined by the State Department of Finance)
prove to be in excess of the City's available funds not otherwise obligated for
other uses.
SECTION 7.
CEQA. The City Council finds, under Title 14 of the California Code of
Regulations, Section 15378(b) (4), that this Ordinance is exempt from the
requirements of the California Environmental Quality Act ("CEQA") in that it is
not a "project," but instead consists of the creation and continuation of a
governmental funding mechanism for potential future projects and programs,
and does not commit funds to any specific project or program. The City
Council, therefore, directs that a Notice of Exemption be filed with the County
Clerk of the County of Kern in accordance with CEQA Guidelines.
SECTION 8.
CUSTODIAN OF RECORDS. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the
City Clerk's office at 1600 Truxtun Avenue, Bakersfield, California 93301. The
custodian for these records is the City Clerk.
SECTION 9.
SEVERABILITY. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. The City Council hereby declares that it would have
adopted this Ordinance irrespective of the invalidity of any particular portion
thereof.
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ORIGINAL
SECTION 10.
CERTIFICATION; PUBLICATION. The City Clerk shall certify to the adoption
of this Ordinance and cause it, or a summary of it, to be published once within
15 days of adoption in a newspaper of general circulation printed and
published within the City of Bakersfield, and shall post a certified copy of this
Ordinance, including the vote for and against the some, in the Office of the City
Clerk in accordance with Government Code section 36933.
SECTION 11.
EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days
from its adoption.
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ORIGINAL
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 1 4 2011 by the following vote:
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YE ' COUNCILMEMBER: SALAS BENHAM, WEIR COUCH, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER: 0012=
ABSTAIN: COUNCILMEMBER: _ Y 7y,
BSENT COUNCILMEMBER: k4rtr6lirs,
- ~~z "I'/
ROBERTA GAFFORD, qUt
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
?7
OSHUA H. RUDNICK
Deputy City Attorney
JHR:Isc
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ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, 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 15th day of September, 2011 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4651, passed by the
Bakersfield City Council at a meeting held on the 14th day of September, 2011 and
entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, DETERMINING IT WILL COMPLY WITH
THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM
PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE
CONTINUED EXISTENCE AND OPERATION OF THE BAKERSFIELD
REDEVELOPMENT AGENCY OF THE CITY OF BAKERSFIELD.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
B
Y•
DEPUTY City Cl rk
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ORIGINAL