HomeMy WebLinkAbout1131 Save URA, state paymentURGENCY ORDINANCE
ORDINANCE NO. 1131
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH, 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 UKIAH
WHEREAS, the City Council of the City of Ukiah ("City") approved and adopted the
Redevelopment Plan for the Ukiah Redevelopment Project ("Redevelopment Plan") covering certain
properties within the City (the "Project Area"); and
WHEREAS, the Redevelopment Agency of the City of Ukiah ("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 SeMc ("CRL"); and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken
redevelopment projects in the Project Area 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 Area's economic growth, create and develop local job opportunities and alleviate
deficiencies in public infrastructure, to name a few; and
WHEREAS, as part of the 2011-2012 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 1X 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
WHEREAS, AB IX 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
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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 1X 26, and upon the
contingencies and reservations set forth herein, the City shall make the Fiscal Year 2011-2012
community remittance, currently estimated to be One Million Seven Hundred Eighty Thousand
Seven Hundred Ninety-Eight Dollars ($1,780,798), 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 2011-2012 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 will be 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 1X 26 and AB 1X 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 1X 26 and AB 1X 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 1X 26 and AB 1X 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.
THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
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 comply with the provisions of Part 1.9 of
Division 24 of the Health and Safety Code, as enacted by AB 1X 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.
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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 IX 26 and AB IX 27 or determines that AB 1X 26 and AB IX 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.
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 Mendocino 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 1X 27.
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.
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
Mendocino 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 located
at 300 Seminary Avenue, Ukiah, California 95482. The custodian for these records is City Clerk
JoAnne M. Currie.
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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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 Ukiah and shall post a
certified copy of this Ordinance, including the vote for and against the same, in the Office of the City
Clerk in accordance with Government Code § 36933.
Section 11. Findings. The adoption of this Urgency Ordinance is necessary for the
immediate protection of the public peace, health and safety. In accordance with California
Government Code Section 36937 and in order to protect the public peace, health and safety, the City
Council of the City of Ukiah finds and determines as follows:
(a) AB 1X 26 prohibits agencies from taking numerous actions, until the City
Council adopts an ordinance agreeing to comply with Part 1.9 of Division 24 of the Health and
Safety Code, including, but not limited to, incurring any new monetary or legal obligations or
expanding any existing monetary or legal obligations, entering into agreements with any person for
any purpose or amending or modifying any existing agreements and taking any action with respect to
a redevelopment plan;
(b) Prior to the enactment of an ordinance agreeing to comply with Part 1.9 of
Division 24 of the Health and Safety Code, the Agency will be unable to continue efforts to eliminate
and prevent blight (including the remediation of contaminated property owned or under the control
of the North Coast Railroad Authority), stimulate and expand the Project Area's economic growth,
create and develop local job opportunities and alleviate deficiencies in public infrastructure;
(c) Blighting conditions in the Project Area constitute substantial threats to public
peace, health and safety, and are so prevalent they cannot be eliminated without Agency action,
including, but not limited to, the use of Agency funds and authorization of redevelopment projects
and programs;
(d) During the current economic crisis, the Agency must have the ability to act
and continue the efforts set forth in (b) above. The Agency must have all tools available in order to
eliminate and prevent blighting conditions, including implementation of the Agency's economic
development programs, including the provision of infrastructure to serve the Redwood
Business/Airport Industrial Park, which is vital to the economic revitalization of the community.
(e) The Agency is actively engaged in efforts to rehabilitate housing units, to
provide assistance for property improvements and to provide safe and affordable housing. Adoption
of this Urgency Ordinance will permit the Agency to continue these efforts immediately.
Section 12. Effective Date. The City Council hereby declares, on the basis of the findings
set forth above, that an emergency exists and that this Ordinance is necessary to preserve the public
peace, health and safety. Accordingly, this Ordinance is adopted as an emergency ordinance and
shall take effect and be in force immediately upon its adoption.
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PASSED AND ADOPTED at a regular meeting of the City Council on the 3rd day of
August, 2011, by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Crane, Baldwin, and Mayor Rodin
NAYS: None
ABSENT: None
ABSTAIN: None
Mari Rodin, Mayor
ATTEST:
J nne Currie, City Clerk