Mendocino County Municipal Code Ch. 11.10 Participation in the Alternative Voluntary Redevelopment Program

Pursuant to Health and Safety Code Section 34193, the Board of Supervisors of the County of Mendocino elects and implements participation by the County of Mendocino and the Redevelopment Agency of the County of Mendocino in the Alternative Voluntary Redevelopment Program pursuant to Part 1.9 of the California Community Redevelopment Law.

(Ord. No. 4283, 9-13-2011)

A. Pursuant to the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.; the "Redevelopment Law"), the Board of Supervisors ("Board of Supervisors") of the County of Mendocino ("County") adopted Ordinance No. 4029 (adopted 1999), declaring the need for the Redevelopment Agency of the County of Mendocino ("Agency") to function in the County.

B. In accordance with the Redevelopment Law, the Board of Supervisors adopted Ordinance No. 4111 (adopted 2003), adopting the Redevelopment Plan (the "Plan") for the Mendocino County Redevelopment Project Area (the "Project Area"), and the Agency is responsible for implementing the Redevelopment Plan pursuant to the Redevelopment Law.

C. ABx1 26 (the "Dissolution Act") and ABx1 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.

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.

D. Section 34193(a) of the Redevelopment Law (as added to the Redevelopment Law by the Voluntary Program Act) authorizes the Board of Supervisors 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 County and the Agency comply with the Alternative Voluntary Redevelopment Program set forth in Part 1.9 of the Redevelopment Law.

E. Through the adoption and enactment of this Ordinance, it is the intent of the Board of Supervisors 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.

F. Pursuant to Section 34193.2(b) of the Redevelopment Law, the Board of Supervisors 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 County, in the event the County 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.

G. The Board of Supervisors 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.

H. On August 11, 2011, the California Supreme Count agreed to review the California Redevelopment Association and League of California Cities' petition challenging the constitutionality of the Redevelopment Restructuring Acts and issued an order granting a partial stay on specified portions of the Redevelopment Restructuring Acts (the "Stay"), including a stay of the provisions of the Voluntary Program Act.

I. Accordingly, the Board of Supervisors intends to adopt this Ordinance understanding that it will be effective only upon the lifting of the Stay and the Court's determination that the Voluntary Program Act is constitutional.

(Ord. No. 4283, 9-13-2011)

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 Board of Supervisors hereby enacts the ordinance authorized by Section 34193(a) of the Redevelopment Law, whereby the County, 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.

(Ord. No. 4283, 9-13-2011)

It is the understanding and intent of the Board of Supervisors that the County 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 County in amounts not to exceed the annual Remittance Payments (the "Agency Transfer Payments") to enable the County, directly or indirectly, to make the annual Remittance Payments. Unless otherwise specified by resolution of the Board of Supervisors, it is the Board of Supervisors' intent that the County'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 County's receipt of the Agency Transfer Payments. The Board of Supervisors 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 Board of Supervisors that any Remittance Payments will be funded solely from the Agency Transfer Payments and/or other assets transferred to the County in accordance with the Voluntary Program Act.

(Ord. No. 4283, 9-13-2011)

The County Chief Executive Officer or his/her designee is hereby authorized, on behalf of the County, 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.

(Ord. No. 4283, 9-13-2011)

The Board of Supervisors 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 appropriate environmental review shall be completed in accordance with CEQA prior to the commencement of any future Agency-supported project or program. The Board of Supervisors therefore directs that a Notice of Exemption be filed with the County Clerk of the County of Mendocino in accordance with the CEQA guidelines.

(Ord. No. 4283, 9-13-2011)

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 Board of Supervisors hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional or invalid.

(Ord. No. 4283, 9-13-2011)

This Ordinance is deemed enacted as of August 16, 2011 for purposes of Section 34193(a) of the Redevelopment Law, and shall take effect and will be enforced thirty (30) days after its adoption, conditioned upon the lifting of the Stay and the Court's determination that the Voluntary Program Act is constitutional.

(Ord. No. 4283, 9-13-2011)

The Clerk of the Board of Supervisors is directed to post and/or publish this Ordinance (or summary thereof) as required by law.

(Ord. No. 4283, 9-13-2011)