HomeMy WebLinkAbout2286 ORDINANCE NO. 2286
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, 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 ARCADIA REDEVELOPMENT
AGENCY
WHEREAS, the City Council of the City of Arcadia ("City") approved and adopted
the Redevelopment Plan for the Central Redevelopment Project ("Redevelopment Plan")
covering certain properties within the City (the "Project Area"); and
WHEREAS, the Arcadia Redevelopment Agency("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 seq.)
("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
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WHEREAS, as part of the 2011-2012 State budget bill, the California Legislature
has recently enacted, and the Governor has signed, companion bills AB 1X 26 and AB 1X
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 1X 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
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 Four Hundred Eighty-
Two Thousand Nine Hundred Twenty Dollars ($1,482,920), as well as the subsequent
annual community remittances as set forth in the CRL; and
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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 1X 26 and AB 1X 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
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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.
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 1X 26 or AB 1X 27 or determines that AB 1X 26 or AB 1X 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 1X 26
and AB 1X 27 are unconstitutional. If there is a final determination that AB 1X 26 and AB
1X 27 are invalid, this Ordinance shall be deemed to be null and void and of no further
force or effect.
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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 Los Angeles 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 Los Angeles in accordance with CEQA Guidelines.
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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 240 West Huntington Drive, P.O. Box 60021, Arcadia, California 91066.
The custodian for these records is the City Clerk.
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.
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 Arcadia, 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. Effective Date. This Ordinance shall become effective on the thirty
first (31st) after its adoption.
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Passed, approved and adopted this 2nd day of August , 2011.
�i i , Vii..��
�:yor 0" the C y of Arcadia
ATTEST:
ity Clerk
APPROVED AS TO FORM:
P. 6-r/oiti
Steph n P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2286 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 2nd day of August, 2011 and that said Ordinance was adopted by the
following vote, to wit:
AYES: Council Members Amundson, Chandler, Harbicht, Segal and Kovacic
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
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