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HomeMy WebLinkAboutNB 2 SENATE BILL 617 02-21-84 NEW BUS~NESS 2-2i- q 2-2 -84 f Inter-Corn : F 14, 1984 OATF. b y TO: F'RO/q: S UBJ EC:T: William A. Huston, City Manager Director of Community and Administrative Services SENATE BILL 617 RECOMMENDATION: Pleasure of the Council. BACKGROUND: Under existing Community Redevelopment Law, in lieu of appointing five members to a community redevelopment agency, the Tegislative body of the City or County may declare itself to be the agency. This bill would permit a member of the legislative body of the City or County who did not wish to serve on the agency to so notify the legislative body in writing and'require the legislative body of the City or County to appoint a replacement. As you are aware, this is not permissible under current law. Senate Bill 617 has been agendized at the request of Councilman Greinke. Should the Council desire to support this legislation, it would be appropriate to direct staff to communicate with members of the Assembly Local Government Committee where the Bill has been assigned. Royleen A. White, Director Community and Administrative Services kaw Attachment: SB 617 AMENDED IN ASSEMBLY JANUARY 23, 1984 AMENDED IN ASSEMBLY JANUARY 13, 1984 AMENDED IN ASSEMBLY JULY 5, 1983 AMENDED IN SENATE MAY 3, 1983 AMENDED IN SENATE APBIL 25, 1983 ~'~ff t' 617 SENATE BILL 2,~L~r ?J~'/Vr$ JOHN ~A7'£ S~'~ Introduced by Senator McCorquod~J~UR RECEIVED February 28, 1983 FEI] - 9 19i]4 PERSONNF'L An act to amend Sections 33030.5 and 33200 of, the Health and Safety Code, relating to redevelopment, and'cPecIaring the urgency thereof, to take effect immediately. LEO~SLaUVE cou~sEus SB 617, as amended, McCorquodale. Community ~'~ redevelopment. (1) Under existing law, the California Debt Advisory Commission has been directed to conduct a study of community redevelopment agencies and to report its findings to the Legislature by July 1, 1984. This bill would extend the deadline until October i, 1984. (2) Under the existing Community Redevelopment Law, in lieu of 'appointing 5 members to a community redevelopment agency, the legislative body of the city or county may declare itself to be the agency. This bill would permit a member of the legislative body of the city or counW who did not wish to serve on the agency to so notify the legislative body~pf the city or county in writing and require the legislative body of the city or county,to ,- 'appoint a replacement.: (3) The bill would take effect immediately as an urgency statute. SB $17 -- 2- Vote: majo~t~ ~. Appropriation: no. Fiscal committee: no. State-mandated local pro~-am: no. The people of the State of CaliFornia do enact as follows: 1 SECTION 1. Section 33030.5 of the Health and Safety 2 Code is amended to read: 3 3,3030.5. The California Debt Advisory Commission 4 created pursuant to Section 8855 of the Government 5 Code shall .conduct a study of each redevelopment 6 agency created pursuant to this part and submit a report .',7..to' the Legislature on or before October 1, 1984, 8 containing all of the following infor~iiation: 9 . .(a) The amount of outstanding indebtedness of each 10 agency as of a date specified by the commission. tl ': (b) The portion of property tax revenues within a 12 project area which would otherwise be payable to 13 affected taxSng entities ff a redevelopment plan did not 14 contain a provision providing for the allocation of taxes 15 pursuant to Section 33670. 16 (c) The potential liability of the State of California in 17 the event of a default by a redevelopment agency on any '18 bonds. 19 (d) The amount of housing provided to persons and 20 far~illes of low or moderate income, as defined by Section 21 50093, and to very low income households, as defined by 22 Section 50105. For purposes of this subdivision, the 23 commission shall utilize the inforuxation contained in the 24 reports prepared by redevelopment agencies pursuant to 25 Section 33080.1 and filed with the Department of 26 Housing and Community Development pursuant to 27 Section 33080. 28 To the extent feasible, the commission shall obtain and 29 utilize information from the Department of Housing and 30 Community Development and the Controller in 31 preparing the report required by this section. 32 SEC. 2. Section 33200 of the Health and Safety Code 33 is amended to read: 34 33200. (a) As an alternative to the appointment of 35 five members of the agency, the legislative body may, at 3 SB 617 1 the time of the adoption of an ordinance pursuant to 2 Section 33101 or 33140 of this part, or at any time 3 thereafter by adoption of an ordinance, declare itself to 4 be the agency; in which case, all the rights, powers, 5 duties, privileges and immunities, vested by this part in 6 an agency, except as otherwise provided in this article, ~'~ 7 shall be vested in the legislative body of the communiW. 8 If a member of the legislative body of a city or counW 9 does not wish to serve on the agency, the members may 10 so notify the legislative body of the ciW or county, and the 11 legislative body of the ciW or county shall appoint a 12 revlacement who is an elector of the city or county to 13 serve out the term of the rel~laced member. 14 However, in any communiW in San Bernardino County 15 which is a charter city, the adoption of any order or 16 resolution by the legislative body acting as the agency 17 shall be governed by the same procedures as are set forth 18 in the provisions of the charter, and the mayor shall be 19 the chairman of the agency, having the same power and ') 20 authority in the conduct of the agency and the meetings 21 .of th'e legislative body acting as the agency, that the 22 mayor has in the conduct of the affairs of the ciW, except 23 that the mayor shall not have a .veto power over any order 24 or resolution of the agency. 25 As part of the legislative body's ordinance declaring 26 itself to be the redevelopment agency pursuant to this 27 subdivision, the legislative body shall make findings that 28 the action shall serve the public interest and promote the 29 public safety and welfare in an effective manner. 30 (b) In the event an appointive agency has been 31 designated and has been in existence for at least three 32 years, the legislative body shall not adopt an ordinance ..) 33 declaring itself to be the agency without first conducting 34 a public hearing on the proposed ordinance. 35 Notice of the public hearing required by this 36 subdivision shall be published not less than once during 37 the 10 calendar days immediately prior to the hearing in 38 a newspaper of general circulation, printed and 39 published in the community, or if there is none, in a --~ 40 newspaper selected by the legislative body. The notice of 94 70 SB 617 1 hearing shall include a general statement of the 2 procedure and effect of the legislative body's declaring 3 itself to be the agency. Copies of the not/ce shall be 4 posted throughout the affected project area or areas at 5 least 10 calendar days prior to the hearing. The legislative 6 body shall also mail by first-class mail copies of the notice 7 at least 10 calendar days prior to the hearing, to all .8 persons who have expressed to the agency or the 9 legislative body an interest in receiving information on 10 redevelopment activities. 11 The legislative body shall cause the preparation of any 12 report or reports or proposals, as are necessary to 13 substantiate and explain the determination that 'the 14 legislative body shall declare itself the redevelopment 15 agency, to be presented at the public hearing. 16 As part of the legislative body's ordinance declaring 17 itself to be the redevelopment agency pursuant to this ],8 subdivision, the legislative body shall make .findings that 19 (1) the action will serve the public interest and promote 20 the public safety and welfare in a more effective manner 21 than the current organization, and (2) there has been full public disclosure of all reports and proposals relating to 23 the legislative body's intent to declare itself the 24 redevelopment agency. SEC. 3. This act is an urgency statute necessary for 26 the irrnnediate preservation of the public peace, health, 27 or safety within the meaning of Ar~'cle IV o£ the 28 Constitution and shall go into immecb'ate effect. The facts 29 constitute'rig the necessity are: 30 The Ca#forrzia Debt Ad~sory Commission has been 31 directed to conduct a study of redevelopment agencies 32 and report its Bnda'ngs to the Legislature by Judy 1, 1984. 33 The commission now states that it is having dif~cuJl~'es 34 meeting this deadline. Moreover, some overburdened 35 members of city councils and boards of supervisors are 36 now Nnding it difBcult to devote suft~cient time to their 37 duties with respect to community redevelopment 38 agencies. In order to recbTy these problems at the earliest 39 possible time, it is necessary for this act to take effect 40 immediately.