2011/09/27 City Council Ordinance 839
ORDINANCE NO. 839
ORDINANCE OF THE CITY OF ROHNERT PARK DETERMINING TO COMPLY
WITH THE ALTERNATIVE VOLUNTARY 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 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
. OF ROHNERT PARK
WHEREAS, the Comrriunity Development Commission' of the City of Rohnert Park
("CDC") is a redevelopment agency organized and existing under the California Community
Redevelopment Law (Health & Safety Code S 33000 et seq.) ("CRL") and has been authorized
to transact business and exercise the powers of a redevelopment agency pursuant to action of the
City Council ofthe City of Rohnert Park ("City Council" or "City," as applicable); and
WHEREAS, pursuant to the CRL, the City Council approved and adopted the
Redevelopment Plan ("Redevelopment Plan") for the Rohnert Park Redevelopment Project on
July 14, 1987, by Ordinance No. 479, as amended to date (the "Project"), and the CDC is vested
with the responsibility for implementing and carrying out the Redevelopment Plan; and
WHEREAS, the CDC is currently in the process of carrying out the goals and objectives
of the Redevelopment Plan by continuing to eliminate blight; increase, improve and'preserve the
supply of affordable housing in the community; stimulate and expand economic growth and
employment opportunities by revitalizing properties and businesses within the Project; and
alleviate deficiencies in public infrastructure; and
WHEREAS, in connection with approval and adoption of the State Budget for Fiscal
Year 2011-12, the California Legislature has approved, and the Governor has signed
(i) ABXI 26 (Stats.2011, chap. 5, "ABX126"), which immediately, and purportedly
retroactively, suspends all otherwise legal redevelopment activities and incurrence of
indebtedness, and dissolves redevelopment agencies effective October 1, 2011 (the "Dissolution
Act"); and (ii) ABX1 27 (Stats. 2011, chap. 6, "ABX1 27"), which allows communities to avoid
the consequences of the Dissolution Act and continue their redevelopment agency if the
community enacts an ordinance agreeing to comply with the alternative voluntary redevelopment
program described in Section 2 of ABX1 27 adding Part 1.9 (commencing with section 34192)
of Division 24 of the Health and Safety Code (the "Alternative Redevelopment Program"); and
WHEREAS, the Alternative Redevelopment Program requires the participating
communities to remit specific annual payments in amounts determined by the State Department
of Finance, subject to the Commission's right to appeal such amounts, to the county auditor-
controller for allocation to school entities and special districts; and
WHEREAS, a Petition for Writ of Mandate was filed in the Supreme Court of the State
of California on July 18,2011 (California Redevelopment Association, et at. v. Ana Matosantos,
et aI., Case No. 5194861), challenging the constitutionality of ABX1 26 and ABX1 27 on behalf
of cities, counties and redevelopment agencies and requesting a stay of enforcement; and
OAK #4830-9148-8266 v2
1
WHEREAS, on August 11, 2011, the Supreme Court issued a partial stay on the
effectiveness of ABX1 26 and ABX1 27 until the Court can rule on the constitutionality of the
two bills, which stay was further modified by the Court on August 17, 2011 (collectively, the
"Stay"); and
. WHEREAS, the Stay is unclear as to what actions an agency or city should be taking
during pendency of the Stay; and
WHEREAS, the City has appealed the California Department of Finance's
determination of the Fiscal Year 2011-12 community remittance amount, as provided in
Health and Safety Code Section 34194, and is awaiting the Department's decision on such
appeal; and
WHEREAS, in order to enable the continued operation and unrestricted activities of the
. Commission to serve the essential role of implementing the goals and objectives of the
Redevelopment Plan, under the threat of dissolution pursuant to ABX1 26, and upon the
contingencies and reservations set forth herein, the City shall participate in the Alternative
Redevelopment Program and make the Fiscal Year 2011-2012 community remittance, in the
estimated amount of $4,011,622, or such lesser amount as may be determined based upon
the City's appeal of the Department of Finance's calculations, as well as the subsequent
annual community remittances as set forth in ABX1 27; and
WHEREAS, while the City currently intends to make these community remittances,
the City shall not. be obligated to make any community remittance during pendency of the
Stay and, in the event the Stay is lifted, such payments shall be made under protest and
without prejudice to the City's right to recover such amounts and interest thereon, in the
event the Supreme Court makes a final determination that ABX1 26 and ABX1 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 ABX1 26 and ABX1 27; and
WHEREAS, the City is the lead agency concerning this Ordinance pursuant to the
California Environmental Quality Act (codified as Public Resources Code Section 21000 et seq.)
("CEQA") and the State CEQA Guidelines; and
WHEREAS, City staff has determined that this Ordinance is exempt from CEQA,
pursuant to CEQA Guidelines. Section 15378(b)(4),because the community remittances
authorized hereunder are a government funding mechanism and fiscal activity, and do not
involve any commitment to any specific project that may result in a potentially significant
environmental impact; and
WHEREAS, all other legal prerequisites to the adoption of. this Ordinance have
occurred.
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NOW; THEREFORE, the City Council of the City of Rohnert Park ordains as follows:
SECTION 1. RECITALS. The Recitals set forth above are true and correct and
incorporated herein.
SECTION 2. PARTICIPATION IN THE ALTERNATIVE 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 ofthe Health and Safety Code, as enacted by ABX1 27.
SECTION 3. PAYMENT UNDER PROTEST. Subject to the conditions and
reservations 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 payments during pendency of the Stay. In the event
the Stay is lifted, such remittance payments shall be made under protest and without
prejudice to the City's right to recover such amounts and interest thereon, in the event the
Supreme Court or another court of competent jurisdiction determines that ABX1 26 and
ABX1 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or
unsuccessful, or time for filing an appeal therefrom has lapsed. If there is a final determination
that ABXl 26 and ABX1 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 Sonoma 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 ABX1 27.
SECTION 6. ADDITIONAL UNDERSTANDINGS AND INTENT. 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. Rather, concurrently with adoption of this
Ordinance, City will enter into a remittance agreement with the Commission as authorized by
Section 34194.2, pursuant to which the Commission 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 in the event the
Stay is lifted and ABX1 26 and ABXl 27 are upheld. As with this Ordinance, the remittance
agreement between City and Commission will be deemed null and void and of no further force or
effect if there is a final determination that ABXI 26 and ABX1 27 are invalid.
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 that may
result in a potentially significant environmental impact.
OAK #4830-9]48-8266 v2
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SECTION 8. NOTICE OF EXEMPTION. The City Council hereby authorizes and
directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma,
California, in accordance with CEQA Guidelines.
SECTION 9. 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 City Hall, 130 Avram Avenue, Rohnert Park, California 94928. The
custodian for these records is Terri Griffin, City Clerk.
SECTION 10. 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.
SECTION 11. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall be
in full force and effect thirty (30) days after its adoption and shall be published and posted as
required by law.
This Ordinance was introduced by the City Council of the City of RohnertPark on
September 13,2011 and adopted on September 27 ,2011, by the following vote:
AYES:
Five (5) Councilmembers Ahanotu, Callinan, Mackenzie, Stafford, and
Mayor Belforte
NOES:
None (0)
ABSENT: None (0)
ABSTAIN: None (0)
CITY OF ROHNERT PARK
ATTEST:
~~~/7i/11
APPROVED AS TO FORM:
~}\h ~
Michelle Kenyon, City Attorney
Al e'YOv"~tv\ . 0""'^ h/\ \ I ~';)\- . elk.,. kfI-~
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, d~poses and says:
That she is, and during all times herein mentioned was, the duly acting and qualified City
Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 1st day of
October, 2011, she posted as required by law full, true, and correct copies of ORDINANCE
NO. 839, "ORDINANCE OF THE CITY OF ROHNERT PARK DETERMINING TO
COMPLY WITH THE ALTERNATIVE VOLUNTARY 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 COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF ROHNERT PARK" in the following places:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpCitv.orl! for web site posting
Subscribed and sworn to before
this 3rd day of October, 2011.
M:\Ordinances\Ordinances 20] ]\Affidavits ofPosting\Affidavit of Posting 839,doc
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
ofthe
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Ordinance No, 839
.\11
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,
deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen
years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The
Community VOICE, a newspaper of general'circulation, published in the City of Rohnert Park, in said County of
Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of
general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of
general circulation having been established by Court Decree No.3 58 I 5 of the Superior Court of the State of California,
in and for the County of Sonoma, Department No, I thereof; and as provided by said Section 6000, is published for the
dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list
of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular
class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes,
professions, trades, callings, races or denominations; that at all said times said newspaper has been established and
published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding
the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareiI and was
preceded with words printed in black face type no smaller than non-pare iI, describing and expressing in general terms,
the purport and character of the notice intended to be given; that the "City of Rohnert Park Ordinance No. 839" of which
the annexed is a printed copy, was published in said newspaper at least _1_ consecutive time(s), commencing on the
_7_ day of October, and ending on the _7_ day of October, 20 11,
* * *
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 7 day of October, 20 11 at Rohnert Park, California
Signed fii:- ~ '*-
Rose Shah '. Chief Clerk
*
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ORDINANCE OF THE CJ'l'YOFi~QHNE~PARKDETERMININGTO COMPLY
WITH THE AL:n;~NATlYEVO(Mtft~YREbEVELOPMENT PROGRAM .
PURSUA~TOPAFlT.1.9OFDIVJSION24 OFTHE GAUFORNIA HEALTH AND
'SAJl'EfY CODEIN'Q~~ER TOPERMn:THECQN'nNUEDEX/STENCE AND
OPERATION QFTHJ: CQMMUNrry DEVElOPMENT CQMMISSION OF THE crrv
. " . " OF FlQtI~ERT'PARK , "
WHEREAS, tbe Community DevelopmenlCommissionoftbeCityof Rohne.rt Park'
("CDC") is a redevelopment agerll:yorgani~edandexi~ting under the C~UforniaCommul)ity
Redevelopment Law (Health & Safety c:pde~33090etseqi)("CRL':) andhasbAAn~l!th~~iz
to transact business and exercise thepo)llllrs:ofa redeyelopmel)tag~!Jcy pursuantto:~ctL
City. Council of the City ofRohnert Park ("City Council"or "City," as applicable); and
n.. ..,.....', :___, ',,' :.. .. :'" ,.- : 'I _'.....' ,.,.. .'.' .': '0': ,",", ."_'~' '..",', _,".." _, _: -'j
WHEREA$;pursual)t to the CRL,the City Council approved and adoptedtlie
." Redevelopment Plan ("Redevelopment Plan") for the Rohnert Par.kRedevelopment projetto
i" July 14, 1987, byOrdln~nl:eNQ,.479, as amended to date (the "Projlict"),and theCDCJ~."
", with '\'n..~ responsibili!yf?r implelTl.enting ,and carrying out the Redeyelopment Plan; and "
~ '.
t
I
. .',- ," - " .' ',' -: ...... -';, ,'" ":>" >":, .',.' .' -:'C'".' ,','.
WHEREAS, the CDC'is currently in the process of carrying !lut the goals "nd obje~t1"
." . of the Redevelopment Plan by continuing to eliminate blight; increase, improve and preserve the'
supply of aHordable housing in the community;stimulate and expand economic grpwth and .
employment opportunities by revitalizing properties and businesses within the Project; and
alleviate deficiencies in pUblic infrastructure; and .
WHEREAS, in connection witli approval and adoption of the State Budget for Fiscal.
Year 2011-12, the Califor,nia Legislature has approved, and the Governor ha~ signed
(i) ABX1 26 (Stats. 2011; chap. 5, "ABX1 26"), which immediately,' and purportedly
retroactively, suspends all otherwise legarredevelopment activities and incurrence of
indebtedness, and dissolves redevelopment agencies eHective October 1,2011 (the "Dissoluti9n
Act"); and (ii) ABX1 27 (Stats. 2011, chap, 6, "ABX1 27"), which allows communities to avoid
the consequences of the Dissolution Act and continue their redevelopment agency if the . .. ,"
r-"'i' community enacts an ordinance agreeing to comply with the alternative voluntaryredevel.opment .'
program described in Section 2 of ABX1 27. adding Part 1.9 (commencing with section 34192) .
of Division 24 of the Health and Safety Code (the "Alternati"e Redevelopment Program"); and , "
.WHEREAS, the Aiternative
communities to remit
of Finance,
for allocation to school
Program
and
WHEREAS, a ,Petition for Writ of Mandate was filed in the Supreme Court of the
of California on Jul,y 18, 2011 (CaUfornia Redevelopment Association, et al. V. Ana
efal., Case No. 5194861), challenging the constitutionality of ABX126 and ABX1'27 on
of cities, counties and redevelopment agencies and requesting a stay of enfo~cement; and
WHEREAS, on August 11, 2011, the Supreme Court iSSUed a partial stay on the.
eHectiveness of ABX1 26 and ABX1 27 until the Court can rule on the constitutionality of the'
two bills, which stay was further modified by the Court on August 17, 2011 (collectively, the ,
"Stay"); and
WHEREAS, the. Stay is unclear as to what actions an agency or City should be taking'
during pendency of the Stay; and .
WHEREAS, the City has appealed the California Department of Finance's
determination of the Fiscal Year 2011.12 community remittance amount, as provided in
Health and Safety Code Section 34194, and is awaiting the Department's decision on such
appeal; and
WHEREAS, in order to enable the continued operation and unrestricted activities ofthe.
Commission to serve the essential role of implementing the goals and objectives of the
Redevelopment Plan, under the' threat of dissolution 'pursuant to ABX1 26, and upon the
contingencies and reservations set forth herein, the City shall participate in the Alternative
Redevelopment Program and make the Fiscal Year 2011.2012 community remittance, in the
estimated amount of $4,011 ;622, or such lesser amount a~ may be determined based upon
the City's appeal of the Department of Finance's calculations, as well as the subsequent
annual community remittances as set forth in ABX1 27; and
WHEREAS, while the City currently intends to makl!these community remittances,
the City shall not be obligated to make any community remittance du'rlng pendency of the
Stay and, in the event the Stay is lifted, such payments shall be made under protest and
without prejudice to the City's right to recover such amounts and interest thereon, in the
event the Supreme Court makes a final determination that ABX1 26 and ABX1 27 are
unconstitutional; altd .
WHEREAS, the City reserves the right, regardless of any community remittance
made pursuant to this Ordinance, to challenge the legality of ABX1 26 and ABX1 27; and
WHEREAS, the City is the lead agency concerning thiS Ordinance pursuant to the
California Environmental Quality Act (codified as Public Resources Code Section 21000 et seq.)
("CEQA") and the State CECA Guidelines; and .
WHEREAS, City staH has determined t~at this Ordinance is exempt from CEQA,
pursuant to CEQA Guidelines Section 15378(b)(4), because the community remittances
authorized hereunder are a government funding mechanism and fiscal activity, and do not
involve any commitment to. any specific project that may result in a potentially significant'
environmental Impact; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have
'. < ~'. ..', , ,.~. -'.
NOW, THEREFORE, the City Council of the City of Rohnert Park ordains as ,follows:
SECTION 1. RECITALS. The Recitals set forth above are true and correct and
iQcorporated herein.
SECTION 2. PARTICIPATION IN THE ALTERNATIVE REDEVELOPMENT.
PROGRAM. In accordance with Health and Safety Code Section 34193,and based on the
Recitals seUorth 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 ABXl 27.
SECTION 3. PAYMENT UNDER PROTEST. Subject to the conditions and
reservations set forth in Section 4 below, the City Council hereby determines that the City shall
make the community remittanc~s set forth in Health and Safety Code section 34194et seq.
SECTION 4. EFFECT OF STAY OR DETERMINATION OF INVAUDlTY. City, '.'
shall not make any community remittance payments during pendency of the Stay. In the event
the Stay is lifted, such remittance payments shall be made under protest and without
prejudice to th~ City's right to recover such amounts and interest there~n, in the event the
S4preme Court or another court of competent jurisdiction determines that ABXl 26 and' '.
ABX1 27 are unconstiMional and therefore invalid, and all appeals therefrom are exhausted or
unsuccessful, or time for filing an appeal therefrom has lapsed. If there is a final determination
that ABX1.26 and ABXl 27 are invalid, this Ordinance shallbe.deemed to be null and void' and
of no further force or effect. /
SECTION 5. IMPLEMENTATION. The City Councli hereby authorizes and directs
the City Manager to take any action and execute any documents necessary to implemenHhis
Ordinance, including but not limited to notifying the Sonoma 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 agr~mentto comply with the provisions of Part 1.9 of Division 24
ofthe Health and Safety Code, as ~etforthin ABX127. .
SECTION 6. ADDIi10NAL UNDERSTANDINGS AND.INTEN'r. 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. Rather, concurrently with adoption of this
Ordinance, City will enter into a remittance agreement with the Commission as authorized by
Se.ction 34194.2, pursuant'to which the Commission will transfer annual portions of its tax ,
increnient 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 in the event the
Stay is lifted and ABXl 26 and ABXl 27 are upheld. As with thisOrdinance, the remittance
agreement between City and Commission Will be deemed null and void and of no further force or
effect if ther.e is a final determinationthat.ABXl 26 and ABX1 27 are invalid.
SECTION 7. CEQA. The City Council finds, underTitle 14 of the California Code'of
Regulations, Sectipn 15376(b)(4), that this Ordinance is exempt from the requirements of the
California Environmental Quality Act ("CEQA") in that it is not Ii "project," but instead cpnsists
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 that may
result in a potentially significant ~rivironmental impact.
SECTION 8. NOTICE OF EXEMPTION. The City Council hereby authorizes and
dIrects that a No.tice of Exemption be filed withthe.Coun)y Clerk of the County of Sonoma,
California, IA accordance with CEQA Guidelines. . f
SECTION 9. CUSTODIAN OF RECORDS. The documents
constitute the record of proceedings on 'which these findings are
Clerk's office located ai City Hall, 13Q Avram Avenue, Rohnert Park,
custodian for these records is Terri Griffin, City Clerk.. .
'SECTION 10.SEVERABILlTY.1f any prpvision o,f this O~dinanceor the application
thereof to any person or circumstance ,is he,ld invalid, such invalidity shall not affect other
provisio'ns or applications ofthi,s Otdinarice 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 deciaresthat it would have adopted this.Ordinance irrespective of the invalidity
ohny particular portion thereof.
. SECTION 11. EFFECTIVE DATE AND PUBLICATION. This,Ordinance shall'be
in full force and f!ffect thirty (30) ilays after its adoption and sh!lll be published and posted as
required by law.
This Ordinance was introduced by the City Council of the City oi Rohnert Park on
September 13, 2011 and adopted on September 27, 2011, by the following vote:
AYES: Five (5) Councilmembers Ahanotu, Callinan, l-lackenzie, Stafford and Mayor Belforte
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
ATTEST: .
IslTerri Griffin, City Clerk 9128/11 ' .
APPROVED AS TO FORM:
Isl Alexandra M. Barnhill, Assistant City Attorney
Publish Date: October 7, 2011
The Community Voice