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Home My WebLink AboutORD 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 S:\COUNCIL\Ords\ 1 1-12 Ords\RDA.AItRedevPrgm.doc A KF9sT Page 1 of 6 Pages o 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: S:\C0UNCIL\0rds\1 1-12 Ords\RDA.AItRedevPrgm.doc Page 2 of 6 Pages o``gAKF9~ a ~ m r- U p 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. S:\C0UNCIL\0rds\11-12 Ords\RDA.AItRedevPrgm.doc Page 3 of 6 Pages OIn, A K499 L.P11 ~ r v o 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. S:\C0UNCIL\0rds\11-12 Ords\RDA.AItRedevPrgm.doc Page 4 of 6 Pages s o~eNK,69 > m r U O 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. 000---------- ~gAKE9 S:\C0UNCIL\0rds\11-120rds\RDA.AItRedevPrgm.doc p ~n Page 5 of 6 Pages o 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: U-- rr 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 S:\C0UNCIL\0rds\1 1-12 Ords\RDA.AItRedevPrgm.doc Page 6 of 6 Pages o~0AKF9~ s m ~ r v o 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 SADOCU MEMIFORMSWOP.ORD.wpd o``0AKF9~ F.. m r U D ORIGINAL