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Home My WebLink AboutOrdinance - 2479 - Alternative Voluntary Redevelopment Agency e e ORDINANCE NO. 2479 AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OK REDDING ENACTED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION__BY___n THE CITY OF REDDING AND THE REDDING REDEVELOPMENT AGENCY IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW WHEREAS, pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the ."Redevelopment Law"), the City Council (the "City Council") of the City of Redding (the "City") adopted Resolution No. 2407 on August 4, 1958, declaring the need for the Redding Redevelopment Agency (the "Agency") to function in the City. WHEREAS, also in accordance with the Redevelopment Law, the City Council adopted the Canby-Hilltop-Cypress Redevelopment Plan by Ordinance No. 1552, on July 20, 1981, and subsequently amended by Ordinance No. 1942 on November 6, 1990; by Ordinance No. 2104 on December 20, 1994; by Ordinance No. 2255 on July 20, 1999; by Ordinance No. 2295 on June 18,2002; by Ordinance No. 2332 on July 6,2004; and by Ordinance No. 2454 on May 4,2010; (as amended, hereafter the "CHC Redevelopment Plan") and the Agency is responsible for implementing the CHC Redevelopment Plan pursuant to the Redevelopment Law. WHEREAS, also in accordance with the Redevelopment Law, the City Council adopted the Market Street Redevelopment Plan (originally referred to as the Midtown Plan) by Ordinance No. 974, on July 03, 1968, and subsequently amended by Ordinance No. 1173 on August 5, 1974; by Ordinance No. 1295 on November 29, 1976; by Ordinance No. 1299 on December 20, 1976; by Ordinance No. 1923 on July 17, 1990; by Ordinance No. 2103 on December 20, 1994; by Ordinance No. 2150 on June 18, 1996; by Ordinance No. 2185 on August 5, 1997; by Ordinance No. 2294 on June 4, 2002; by Ordinance No. 2333 on July 6, 2004; and by Ordinance No. 2455 on May 4, 2010; (as amended, hereafter the "Market Street Redevelopment Plan") and the Agency is responsible for implementing the Market Street Redevelopment Plan pursuant to the Redevelopment Law. WHEREAS, also in accordance with the Redevelopment Law, the City Council adopted the SHASTEC Redevelopment Plan by Ordinance No. 2151, on July 2, 1996,and subsequently amended by Ordinance No. 2373 on October 17, 2006; the City Council of the City of Anderson adopted the SHASTEC Redevelopment Plan by Ordinance No. 644, on July 2, 1996, and subsequently amended by Ordinance No. 746 on October 17, 2006; and the Shasta County Board of Supervisors adopted the SHASTEC Redevelopment Plan by Ordinance No. 592. on July 2, 1996, and subsequently amended by Ordinance No. 652 on November 7, 2006; (as amended, hereafter the "SHASTEC Redevelopment Plan") and the Agency is responsible for implementing the SHASTEC Redevelopment Plan pursuant to the Redevelopment Law. 1 ~ --J ...Q e e WHEREAS, also in accordanGe wIth the Redevelopment Law, the City Council adopted the Buckeye Redevelopment Plan by Ordinance No. 2271, on June 20, 2000, and the Shasta County Board of Supervisors adopted the Buckeye Redevelopment Plan by Ordinance No. 610 on July 18, 2000 (hereafter the "Buckeye-::Redevelopment Plan") and the Agency is responsible---=- for implementing the Buckeye Redevelopment Plan pursuant to the Redevelopment Law. WHEREAS, ABx1 26 (the "Dissolution Act") and ABxl 27 (the "Voluntary Program Act"; and together with the Dissolution Act, the "Redevelopment Restructuring Acts") have been enacted to significantly modify the Redevelopment Law generally as follows: 1. The Dissolution Act first immediately suspends all new redevelopment activities and incurrence of indebtedness, and dissolves redevelopment agencies effective October 1,2011; and 2. The Voluntary Program Act, through the addition of Part 1.9 to the Redevelopment Law (the "Alternative Voluntary Redevelopment Program"), then allows a redevelopment agency to avoid dissolution under the Dissolution Act by opting into an alternative voluntary redevelopment program requiring specified annual contributions to local school and special districts. WHEREAS, specifically, Section 34193(a) of the Redevelopment Law (as added to the Redevelopment Law by the Voluntary Program Act) authorizes the City Council to enact an ordinance to comply with Part 1.9 of the Redevelopment Law, thereby exempting the Agency from the provisions of the Dissolution Act, and enabling the Agency to continue to exist and function under the Redevelopment Law, so long as the City and the Agency comply with the Alternative Voluntary Redevelopment Program set forth in Part 1.9 of the Redevelopment Law. WHEREAS, through the adoption and enactment of this Ordinance, it is the intent of the City Council to enact the ordinance described in Section 34193(a) of the Redevelopment Law and to participate for itself and on behalf of the Agency in the Alternative Voluntary Redevelopment Program set forth in Part 1.9 of the Redevelopment Law. WHEREAS, pursuant to Section 34193.2(b) of the Redevelopment Law, the City Council understands that participation in the Alternative Voluntary Redevelopment Program requires remittance of certain payments as set forth in the Voluntary Program Act (as further described below), and also constitutes an agreement on the part of the City, in the event the City fails to make such remittance payments, to assign its rights to any payments owed by the Agency, including, but not limited to, payments from loan agreements, to the State of California. WHEREAS, the City Council does not intend, by enactment of this Ordinance, to waive any rights of appeal regarding the amount of any remittance payments established by the California Department of Finance, as provided in the Voluntary Program Act. 2 e e NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: SECTION 1. The Recitals set forth above are:true and correct and incorporated herein by reference. - ._-- ----- SECTION 2. ENACTMENT OF ORDINANCE PURSUANT TO REDEVELOPMENT LAW SECTION 34193(a) To the extent required by law to maintain the existence and powers of the Agency under the Redevelopment Law (including the Redevelopment Restructuring Acts), the City Council hereby enacts the ordinance authorized by Section 34193(a) of the Redevelopment Law, whereby the City, on behalf of itself and the Agency, elects to and will comply with the provisions of Part 1.9 of the Redevelopment Law, including the making'of the community remittance payments called for in Section 34194 of the Redevelopment Law (the "Remittance Payments"), and whereby the Agency will no longer be subject to dissolution or the other prohibitions and limitations of Parts 1.8 and 1.85 of the Redevelopment Law as added by the Dissolution Act. SECTION 3. 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 Redevelopment Law, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2 of the Redevelopment Law, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual Remittance Payments (the "Agency Transfer Payments") to enable the City, directly or indirectly, to make the annual Remittance Payments. Unless otherwise specified by resolution of the City Council, it is the City Council's intent that the City's annual Remittance Payments shall be made exclusively from the Agency Transfer Payments or from other funds that become available as a result of the City's receipt of the Agency Transfer Payments. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or other assets to make the Remittance Payments, it being understood by the City Council that any Remittance Payments will be funded solely from the Agency Transfer Payments and/or other assets transferred to the City in accordance with the Voluntary Program Act. SECTION 4. AUTHORIZATION OF IMPLEMENTING ACTIONS The City Manager or the City Manager's designee is hereby authorized, on behalf of the City, to take any actions necessary to implement this Ordinance and comply with the Voluntary Program Act, including, without limitation, providing required notices to the County Auditor-Controller, the State Controller, and the Department of Finance, entering into any agreements with the Agency to obtain the Agency Transfer Payments, and making the Remittance Payments. SECTION S. 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 3 e e _ @d . continuation of a goverrimental funding mech'!fiistll for potential future projects and programs, and does not commit funds to any specific project or program. The appropriate environmental review shall be completed in accordance with CEQA prior to the commencement oLiny future Agency-supported project or program. _SECTION 6.. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, clauses or phrases be declared unconstitutional or invalid. SECTION 7. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a special meeting on the 2nd day of August, 2011, and was duly read and adopted at a regular meeting on the 16th day of August, 2011, by the following vote: 'AYES: NOES: ABSENT: ABSTAIN : COUNCIL MEMBERS: Bosetti, Dickerson, Jones, Sullivan, and McArthur COUNCIL MEMBERS: None COUNCIL MEMBERS: None COUNCIL MEMBERS: None Attest: Form Approved: ') { .~' "." . n:.'. . .\,.,,\ \. /.J })I)/-> '~rJf" p AM~LA MIZ~, c/:!.:M:i: . ~~ ~ .; I r . ~ " ~.. ~~ "'. -.\ .'. ... " ~ -, ,......,.... . - " '\ ..., - \~" 4